JoJo Oil Co. v. Dingman Twp. Zoning Hearing Bd., 77 A.3d 679 (Pa. Commw. Ct. 2013).
Township preempted from regulating setback and safety requirements for fuel transfer stations.
JoJo Oil Co.’s zoning application for a fuel transfer station, a use not specifically permitted or prohibited by the Township’s Zoning Ordinance, was denied by the Zoning Hearing Board. The Zoning Hearing Board denied the application because JoJo had not established that similar uses adjoined the property, that the proposed project offered adequate screening, and because the Zoning Hearing Board could not impose conditions sufficient to assure that the public’s health, safety and welfare would be protected.
On appeal, the Commonwealth Court affirmed the trial court’s decision to overturn the Zoning Hearing Board’s decision. The Commonwealth Court held that the Pennsylvania Propane and Liquefied Petroleum Gas Act established setback and safety requirements for fuel transfer stations. Further, the Act preempted local zoning. Accordingly, the use was permitted because JoJo demonstrated compliance with the Act and the objectors failed to establish that the use would substantially affect the health, safety and welfare of the community.
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