Allowing patrons to engage in sexual activity was not an accessory use to the operation of a restaurant.
MAJ Entertainment, Inc. v. Zoning Board of Adjustment of the City of Philadelphia, 947 A.2d 841 (Pa. Commw. Ct. 2008).
A school district may be subject to municipal zoning regulation by requiring submission and approval of a special exception.
Council Rock School District v Wrightstown Township Zoning Hearing Board, 709 A. 2d 453, Pa. Cmwlth. 1998.
Mulching operation is neither a forestry nor an agricultural use.
Tinicum Twp. v. Nowicki, 99 A.3d 586 (Pa. Commw. Ct. 2014).
City of Hope v. Sadsbury Twp. Zoning Hearing Board,
2005 WL 3662591 (Pa. Cmwlth. 2006)
ZONING AND SUBDIVISION/LAND DEVELOPMENT ORDINANCE APPLICABILITY TO COMMONWEALTH AGENCIES.
Kee v. Pennsylvania Turnpike Commission, 722 A.2d 1123 (1998)
Gasoline filling station not permitted as accessory use to retail store where outdoor sales were not permitted in that zoning district.
In re Appeal of Costco Wholesale Corp., 49 A.3d 535 (Pa. Commw. Ct. 2012).
There is no particular percentage of a structure’s floor-area ratio that automatically defines the structure’s primary as opposed to accessory use; such a comparison is relevant, but not a controlling factor in any primary use inquiry.
Diocese of Altoona-Johnstown v. Zoning Hearing Bd. of the Borough of State College, 899 A.2d 399 (Pa. Cmwlth. 2006).
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).
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.
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).