Orange Stones Co. v. Borough of Hamburg, 28 A.3d 228 (Pa. Commw. Ct. 2011).
Zoning permit cannot be denied based on lack of compliance with ordinance enacted under the authority of a statute other than the MPC.
Applicant applied for a zoning permit to construct a 20-guest room hotel/motel. The Zoning Officer denied the permit relying on an ordinance that did not originate under the MPC. The Commonwealth Court held the Zoning Officer’s authority to approve or deny a zoning permit stems solely from the MPC. Consequently, the Zoning Officer cannot rely on an ordinance enacted under authority of a statute other than the MPC when denying a zoning permit.
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