History

• Pennsylvania's grandfather clause was based on a concept developed by Southern states looking to suppress black residents. Between 1895 and 1910, only people who voted before 1867 could continue voting. Former slaves did not vote until 1870, a factor that barred them from further voting. In Pennsylvania, the concept was designed to protect pre-existing land and buildings. Under a grandfather clause, specified properties are exempt from modified use or size requirements.
  
  

Municipal Law

• Pennsylvania residents must consult their local municipal office (see resources) for grandfather clause information relating to a particular situation. Municipal structures vary from city to city, with officials handling a variety of issues, including water service and school-district administration. Municipal hearings concerning local businesses and other communal points of interest are open to members of the general public.
  
  

Examples

• Situations addressed by grandfather clauses vary greatly. Businesses situated in rural locations that wish to physically expand are permitted to, even if the county established later zoning laws indicating the area is a non-industrial district. Residents in possession of larger animals have a right to retain their pets, even if revised zoning laws place size restrictions on domesticated animals. Attorneys at Wolf, Baldwin and Associates remind clients that local authorities have the power to moderate how residents exercise their rights under a grandfather clause.
  
  

Negative Aspects

• According to research conducted by the Pennsylvania State University's law school, grandfather clauses can prove detrimental to agricultural operations. Proper zoning eliminates outside factors that could negatively affect production, like pollutants from industrial businesses. In addition, the clauses can create friction between neighbors as residential properties expand closer to farmland or vice versa. Municipal leaders, the individuals in charge of Pennsylvania zoning regulations, are being encouraged to implement buffer zoning to reduce lawsuits and complaints.