This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: accessory use

Race Car Repair and Maintenance Not Permitted Accessory Use to Residential Dwelling

The DiMattias were issued a zoning violation notice for using a garage and driveway on a residential property they owned in the Township’s R-1 Low Density Residential Zoning District to prepare, repair, and transport race cars. When Landowners purchased the Property in 2009, it contained a single-family detached residence and two garages.  Landowners erected a large pole barn in 2010, and rented out the residence.  In November 2014 the Township issued a notice of violation alleging Landowners were servicing vehicles on the Property from an automobile repair business they owned, and were working on race cars on the Property. The notice directed Landowners to cease and desist their use of the garages and driveway for “servicing vehicles, working on race cars and trailer storage.” Landowners appealed the violation notice to the Township’s Zoning Hearing Board (“ZHB”). The ZHB sustained Landowners’ appeal related to servicing vehicles from their business, but denied it as to their race car activities. The ZHB concluded that their race car activities did not qualify as an accessory use in the R-1 district. Landowners appealed to the Court of Common Pleas of Chester County, which affirmed the ZHB decision, and Landowners appealed to the Commonwealth Court.

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Building A Fence Does Not Make It A “Stadium”

In this case out of Berks County the Commonwealth Court weighed in on whether erecting a fence around a high school’s athletic fields constituted a new “stadium use” or was an expansion of a preexisting nonconforming use. In concluding that the fence did not create a new stadium use or expand the preexisting nonconforming use the court reversed the ZHB’s decision and ordered the requested permits be issued.

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