Zoning

Types of Zoning Uses

There are three types of uses that regularly apply to zoning: Permitted by Right, Special Exception, and Conditional Uses.

Permitted by Right Use

If a use is listed as permitted by right by the Zoning Ordinance and meets all requirements, the Zoning Officer shall authorize zoning approval for a permit application.

Special Exception Use

If a use is listed as a special exception use by the Zoning Ordinance and meets all requirements, the Zoning Officer shall authorize zoning approval only upon the written order of the Zoning Hearing Board after a hearing, which will ensure that the use will be consistent with the surrounding neighborhood.

Conditional Use

If a use is listed as a conditional use by the Zoning Ordinance and meets all requirements, the Zoning Officer shall authorize zoning approval upon the written order of the City Council, after the City Planning Commission has been given an opportunity to review the application.

This is usually for uses that affect the well-being of the entire City.

Zoning Variances

An applicant may request a variance if a proposed use does not conform with the Zoning Ordinance, and the Ordinance creates an undue hardship upon the applicant.

According to the Pennsylvania Municipalities Planning Code, the applicant must prove the following findings for a variance request:

• That there are unique physical circumstances or conditions, including irregularity, narrowness, or
  shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;
• That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
• That such unnecessary hardship has not been created by the appellant;
• That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or
  development of adjacent property, nor be detrimental to the public welfare and
• That the variance, if authorized, will represent the minimum variance that will afford relief and will
  represent the least modification possible of the regulation in issue.

For more information about the Zoning Hearing Board, please refer to Article I of the Zoning Ordinance, or visit the Zoning Hearing Board page by clicking here.

Zoning Enforcement

The Zoning Officer is the official responsible for interpreting and enforcing the Zoning Ordinance. The Zoning Officer is responsible for many important duties in the City, including:

• Examining and approving permits and development plans for conformity to municipal codes, application requirements, and land use regulations.
• Performing initial, on-going, and final inspections of plans and property for conformity to Zoning and other development ordinance requirements.
• Meeting and educating lawyers, real estate brokers, architects, developers and the general public about the Zoning Ordinance and requirements within.
• Responding to and investigating complaints regarding violations of the Zoning Ordinance, property maintenance, and other City of Scranton Ordinances.
• Serving as staff of the Zoning Hearing Board, which includes posting of signs and notices.
• Identifying and recording non-conforming uses and properties within the City of Scranton.
• Preparing violation letters for noncompliance to be sent to property owners and directing the placement of Stop Work Orders.
• Preparing citations of violations of the Zoning Ordinance and presenting them to the District Magistrate Court for prosecution.

If you suspect potential violations of the Zoning Ordinance, or have any questions regarding regulations that may apply to you, please contact the Zoning Officer.

Frequently Asked Questions