73, 519 A.2d 1071 (1987), prohibited the replacement of one nonconforming structure with another. Zoning Hearing Board of South Union Township, 103 Pa.Cmwlth.
at 85a-86a.) Nevertheless, the trial court affirmed the ZHB and denied Landowner's appeal, concluding that this court's decision in Tantlinger v. On appeal, the trial court found that four of the provisions relied upon by the ZHB were inapplicable and, therefore, the ZHB committed errors of law. When the Township denied his application for a building permit, Landowner appealed to the ZHB, which denied his appeal based on five provisions of the Zoning Ordinance. Landowner, however, contends that he is entitled to build the proposed garage as a replacement of a lawful nonconforming structure. 2, 7 § 182-711.B(2) of the Zoning Ordinance.) Landowner's proposed garage, measuring twenty-four feet by thirty-two feet, would exceed that limit. Under the Township zoning ordinance (Zoning Ordinance), an accessory garage in that zoning district may be no larger than twenty-five feet by twenty-five feet. 5, 1995.) Landowner's property is zoned R-6, Medium Density Residential. Landowner applied to Haverford Township (Township) for a building permit to replace a deteriorated, nonconforming garage/chicken coop with a smaller nonconforming garage.
Winterhalter, Philadelphia, for appellees.īefore DOYLE, President Judge, FRIEDMAN, J., and McCLOSKEY, Senior Judge.ĭavid Money (Landowner) appeals from an order of the Court of Common Pleas of Delaware County (trial court) which affirmed the decision of the Zoning Hearing *735 Board of Haverford Township (ZHB) denying Landowner's application for a building permit to replace one nonconforming use with another. ZONING HEARING BOARD OF HAVERFORD TOWNSHIP and Haverford Township.Ĭommonwealth Court of Pennsylvania.
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