Land Use & Zoning
What is a 'conditional use' in Pennsylvania zoning and how does it differ from a special exception?
AThey are legally identical — both require ZHB approval
BA conditional use is approved by the governing body (municipal council/commissioners) upon recommendation of the planning commission; a special exception is approved by the Zoning Hearing Board✓ Correct
CConditional uses require state approval; special exceptions only require local approval
DA conditional use is permanent; a special exception expires annually and must be renewed
Explanation
Under Pennsylvania's MPC, a conditional use is reviewed and approved by the governing body (municipal council or board of commissioners), typically with input from the planning commission. A special exception is approved by the Zoning Hearing Board (ZHB). Both allow uses not permitted by right in a zone, subject to meeting specific criteria. The distinction matters for the appeal process — ZHB decisions are appealed to the court of common pleas; governing body decisions may be appealed differently.
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