Ordinance was not de facto exclusionary to billboards where it permitted billboards to be no more than 25 feet tall and 50 square feet in area.
Interstate Outdoor Adver., L.P. v. Zoning Hearing Bd., 39 A.3d 1019 (Pa. Commw. Ct. 2012).
Regulation of Particular Uses
Risker v. Smith Twp. Zoning Hearing Board (2005)
A private grass landing strip is not a subordinate and incidental accessory use to a single-family residential use.
Risker v. Smith Twp. Zoning Hearing Board,
886 A.2d 727 (Pa. Cmwlth. 2005), app. denied.
Phila. Suburban Dev. Corp. v. Scranton Zoning Hearing Bd. (2012)
Halfway house not an accessory use to offices for the Board of Probation and Parole.
Phila. Suburban Dev. Corp. v. Scranton Zoning Hearing Bd., 41 A.3d 630 (Pa. Commw. Ct. 2012).
Albert v. ZHB of North Abington Twp. (2004)
Gulan v. Zoning Hearing Bd. of E. Berlin Borough (2011)
Smoker constituted a sign under the zoning ordinance definition.
Gulan v. Zoning Hearing Bd. of E. Berlin Borough, 23 A.3d 629 (Pa. Commw. Ct. 2011).
Earl Twp. v. Reading Broad Casting, Inc. (2001)
Earl Township v. Reading Broadcasting, Inc., 770 A 2d 794 (Pa. Commw. March 29, 2001).
Tink-Wig Mt. Lake Forest Prop. Owners Ass’n v. Lackawaxen Twp. Zoning Hearing Bd. (2009)
Private wind turbine may be considered accessory use to residential use.
Tink-Wig Mt. Lake Forest Prop. Owners Ass’n v. Lackawaxen Twp. Zoning Hearing Bd., 986 A.2d 935 (Pa. Commw. Ct. 2009).
Hazelton Area School District v. ZHB of Hazle Twp. (2001)
The right of a zoning hearing board to impose conditions on the grant of special exceptions and variances for the operation of a public school recreation facility used for non-school purposes.
Hazelton Area School District v. Zoning Hearing Board of Hazle Township, 720 A.2d 220
Barnabei v. Chadds Ford Twp. Zoning Hearing Bd. (2015)
Under the relevant zoning ordinance, a venue for events was not an accessory use for a large mansion in which Applicants resided in only a small portion.
Barnabei v. Chadds Ford Twp. Zoning Hearing Bd., 118 A.3d 17 (Pa. Commw. Ct. 2015).
Twp. of Exeter v. Zoning Hearing Bd. (2009)
Industry standards indicative, but not necessarily controlling, for determining whether zoning ordinance is exclusionary.
Twp. of Exeter v. Zoning Hearing Bd., 962 A.2d 653 (Pa. 2009).