Constitutionality of a Zoning Ordinance Review In Pennsylvania
In Pennsylvania, the constitutionality of a zoning ordinance is reviewed under a substantive due process analysis. McGonigle v. L. Heidelberg Twp. Zoning Hearing Bd., 858 A.2d 663 (Pa. Cmwlth. 2004).
Under such analysis, the party challenging the validity of provisions of the zoning ordinance must establish that they are arbitrary and unreasonable and have no substantial relationship to promoting the public health, safety and welfare. Id.;
See also Open Pantry Food Marts, Inc. v. Twp. of Hempfield, 37 Pa. Commw. 423, 391 A.2d 20 (Pa. Cmwlth. 1978) (court may declare an ordinance to be an invalid exercise of the police power only where it is proven that its provisions are clearly unreasonable and have no relation to public safety).