Technical Assistance - Pennsylvania Land Use Law : PA Land Use

Pennsylvania Land Use Law Library

Key Topic: Nonconformities

Cases are listed below in alphabetical order:
*Click on case name to review case summary.

Non-conforming uses, special exceptions, and conditional uses

Finegan v. Board of Supervisors of Earl Twp. (2003)
The periodic non-use of a signpost does not constitute substantial evidence of actual abandonment of the nonconforming use of the property

Finn v. Zoning Hearing Board of Beaver Borough (2005)
Analysis of whether proposed use is sufficiently similar to previous non-conforming use

Jay-Lee, Inc. v. The Municipality of Kingston ZHB (2001)
Expansion of a non-conforming use was permissible when opening an establishment to the general public

Lench v. ZHB of Adjustments of the City of Pittsburgh (2004)
Non-conforming uses- signs

Loduca v. ZHB of the Borough of Danville (2000)
Extension of a non-conforming use

Nettleton et al. v. ZHB of Adjustment of Pittsburgh et al. (2003)
The "doctrine of normal expansion" explores the similarities of uses, not industries

Shaner v. Schuylkill County Zoning Hearing Board (2004)
A municipality seeking to show abandonment of a non-conforming use must demonstrate that landowner intended to abandon and actually abandoned the non-conforming use

Simonitis v. Zoning Hearing Bd. of Swoyersville Borough (2004)
Abandonment of a non-conforming use

Zitelli v. ZHB of the Borough of Munhall (2004)

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