What are grandfather laws and do they apply to my property..

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I have lived in my house for 14 years, 10 of which I have keep goats and livestock. The township is changing the zoning. As of now there are no limits or restrictions on livestock. I have 21 goats now. According to the new law, taking into account the combination of number of animals/property size and animal weight. I can only keep a total of 500 pounds of animals, no more than 4 goats. Do I have to comply with the new laws? I have been told that I am grandfathered in Pennsylvania. Have have contacted my Senator and still can't find an answer. Are there actual "grandfather" laws on the books and where do I find such information? I can't afford a lawyer. I would rather move than spend my life on this issue. I have no equity in my home. I would have to abandon it and take my animal

Attorney Answers

2
James Tupitza ·
Pennsylvania zoning is based on a state law known as the Municipalities Planning Code. This law enables local governments to enact zoning, subdivision and land development ordinances. An amendment to a zoning ordinance is forward looking. It cannot alter what is already in place. In your case you need to clearly document, by photo and written statement, proof that you have 21 goats as of the date the ordinance is amended. Read the amended ordinance. Look for a provision which requires non-conforming users to register their non-conforming uses, You have one. If the township wishes to pressure you, you will need the evidence of the number of goats in place before the ordinance. DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. James S. Tupitza 212 W. Gay Street West Chester, PA 19380
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Stephen Samuel MessuttaReal Estate AttorneyWilmette, IL ·
What "grandfathering" means is that if someone was using property for a purpose that is later restricted or eliminated, that person will still have the right to use the property for the purpose pre-restriction and pre-elimination, but usually only for a defined period of time. That means if in fact there is a "grandfather clause" in the new zoning, you should be able to keep the animals for a while, but not forever. You can go to your town hall and have this checked out without having an attorney. While I am an active member of the Illinois Bar, this Answer is intended solely as a courtesy to the Questioner based on an incomplete set of facts, so that the Questioner can be encouraged to obtain proper and complete legal advice based on all of the necessary facts. This is not meant as a definitive answer but a general narrative to assist you in heading in the right direction. Any law cited or referred to specifically or generally may or may not apply to a specific set of facts. We nevertheless hope this is of some help to you.
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