Marc R. Lynde, Esq.
Your proposed use is technically permitted in the zoning district, but only if it meets certain conditions spelled out in the municipal zoning ordinance. You need a conditional use permit (also called a conditional use or conditional zoning approval). The process is fundamentally different from obtaining a variance or special exception, and the decision-maker and timeline are different too. Understanding these distinctions is critical to a successful application.
This article explains conditional use permits under Pennsylvania's Municipalities Planning Code, 53 P.S. § 10603(c)(2), and how they work in Bucks County municipalities.
These three types of zoning relief are often confused, but they are legally distinct.
Variances (reviewed by the Zoning Hearing Board ) allow you to deviate from measurable standards in the ordinance, setbacks, lot coverage, height, parking. You must prove unnecessary hardship.
Special exceptions (also called conditional uses in some ordinances, reviewed by the ZHB) are uses the ordinance already permits as of right , but subject to conditions. You don't prove hardship; you prove you meet the stated conditions.
Conditional uses (under § 10603(c)(2), reviewed by the governing body , not the ZHB) are uses the ordinance permits in the district, but only after the governing body holds a public hearing and grants approval. The governing body can impose conditions beyond those stated in the ordinance. The governing body typically receives recommendations from the planning agency before deciding.
The critical distinction: conditional uses are decided by the municipal council or board of commissioners, not the Zoning Hearing Board.
A municipal zoning ordinance will list certain uses as conditional uses. The ordinance may state something like: "Home occupations are permitted as a conditional use in Residential District R-1, provided that the applicant satisfies the following standards..." or "Child care facilities may be approved as a conditional use in any district, subject to parking, traffic, and operational standards."
The ordinance itself establishes the express standards and criteria. Your job as the applicant is to demonstrate that your proposal meets those criteria. The ordinance may state criteria such as:
Before filing your application, obtain and carefully review your municipality's zoning ordinance. Identify the use you propose, find the conditional use criteria applicable to it, and prepare evidence showing you meet each criterion.
The procedure under 53 P.S. § 913.2 and related sections follows a set pattern:
A key power of the governing body is the ability to impose conditions. Under 53 P.S. § 913.2(a), the governing body may attach "reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act in the zoning ordinance."
Typical conditions include:
However, conditions must be reasonable and not so burdensome as to effectively deny the permit. A condition requiring $2 million in roadway improvements for a small home occupation, for example, would likely be challenged as unreasonable and potentially confiscatory.
Unlike a variance, you do not need to prove hardship to obtain a conditional use. The governing body must focus on whether you meet the express standards and criteria in the ordinance. If the ordinance says "child care facilities are permitted as conditional uses provided that the facility provides at least one parking space per three children," and you provide that parking, the ordinance criteria are met and the governing body has limited discretion to deny.
That said, the governing body retains discretion if the ordinance criteria are satisfied but other factors (neighborhood character, traffic, infrastructure adequacy) suggest the use would be incompatible. Courts in Pennsylvania have allowed reasonable exercise of judgment by the governing body even where the stated criteria are met.
Before the governing body acts, it must obtain a recommendation from the planning agency (unless the applicant waives this step). The planning agency submits a written recommendation addressing whether the proposal meets the ordinance criteria and whether it is compatible with the comprehensive plan.
The planning agency's recommendation is advisory , the governing body can approve over a negative recommendation or deny over a favorable one. But the recommendation carries weight and becomes part of the record. If you are concerned about the planning agency's likely reaction, consider requesting a pre-application conference with the planning director to identify concerns early and possibly address them before formal filing.
If the governing body denies your conditional use application, you may appeal to the Court of Common Pleas within 30 days of the decision . The deadline is jurisdictional, miss it and the decision is final.
On appeal, the court reviews the record (no new evidence unless it was unavailable at the hearing). The court examines whether the governing body followed the law, whether substantial evidence supports the denial, and whether the decision was arbitrary or capricious.
Similarly, if the governing body approves your conditional use, a neighbor or other interested party may appeal the approval within 30 days. That is why it is critical to have solid evidence at the hearing to support your position; weak evidence may invite judicial reversal.
Step 1: Obtain and study the ordinance. Request a copy of your municipality's zoning ordinance from the planning department or municipal office, or download it from the municipal website. Locate the section addressing conditional uses in your proposed zoning district. Identify the express criteria you must satisfy.
Step 2: Organize your evidence. Create a matrix matching each ordinance criterion to the evidence you will present at the hearing (site plan showing parking, traffic study, architectural drawings showing design compatibility, proof of neighborhood support, affidavits from experts, etc.). This organization helps you build a compelling case.
Step 3: Consider a pre-application conference. Before formally filing, request a meeting with the planning director and/or zoning officer. Present your proposal informally, listen to their concerns, and refine your application accordingly. This often smoother the path to approval and identifies issues you can address before the hearing.
Step 4: Hire an attorney experienced in land use. Conditional use hearings are formal proceedings. Testimony must be sworn. Questions from board members can be tricky. A land use attorney ensures your evidence is properly presented, your legal arguments are sound, and you are not blindsided by procedural issues.
Step 5: Prepare for opposition. If your use is controversial, expect neighbors to testify against you. Have rebuttals ready. Bring expert witnesses (traffic engineer, architect, environmental consultant) to address specific concerns. Bring letters of support from the community if you have them.
Mark the 45-day deadline on your calendar. Most municipalities will render a decision before the deadline expires. But if they do not, the application is deemed approved. You can cite this rule in correspondence: "As you know, under 53 P.S. § 913.2(b)(1), if the governing body does not render a written decision by [date], the application is deemed approved." This puts pressure on the municipality to act and creates a safety valve if the governing body is dragging its feet.
⚠ Conditions Can Be Onerous
Conditional use approvals often come with conditions. Be prepared for this. Some conditions are reasonable and manageable; others can be expensive or operationally burdensome. Before committing to the hearing, discuss with the planning director what conditions the governing body typically imposes for your type of use. If the likely conditions are unworkable, you may need to reconsider the proposal.
Statutory content on this page was last verified against Pennsylvania statutes (53 P.S.): March 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
Free consultations available for most practice areas.
Book a Free Consultation Or call 215-949-0888