Void ab inito doctrine does not apply to the issuance of a certificate of nonconformity.
Falkler v. Lower Windsor Twp. Zoning Hearing Bd., 988 A.2d 764 (Pa. Commw. Ct. 2010).
Nonconformities
Jay-Lee, Inc. v. The Municipality of Kingston ZHB (2001)
Analyzing whether a proposed use is sufficiently similar to the previous non-conforming use
Jay-Lee, Inc. v. The Municipality of Kingston Zoning Hearing Board, 799 A.2d 923
Loduca v. ZHB of the Borough of Danville (2000)
NON-CONFORMING USE: SIGNS
Loduca v. ZHB of the Borough of Danville, 45 D& C 4th, 414 (Montour C.C.P., February 23, 2000)
Narberth JKST Tennis Club, Inc. v. Narberth Borough Zoning Hearing Board (2007)
A nonconforming use can be expanded as of right when the nonconformity is not increased. However, a new structure entirely different from the nonconforming use cannot be constructed without obtaining a variance.
Narberth JKST Tennis Club, Inc. v. Narberth Borough Zoning Hearing Board, (Pa. Commw. Ct. 2007).
Robertson v. Henry Clay Township Hearing Bd. (2006)
A dimensional variance is proper in rebuilding or replacement projects to prevent the extinguishment of a non-conforming use.
Robertson v. Henry Clay Township Hearing Bd., 911 A.2d 207 (Pa. Cmwlth. Ct. 2006).
Finn v. Zoning Hearing Board of Beaver Borough (2005)
Finn v. Zoning Hearing Board of Beaver Borough,
869 A.2d 1124 (Pa. Cmwlth. 2005)