This case required the Commonwealth Court to examine a prior nonconforming use at a recreational park open to the community. Hunterstown Ruritan Club (the “Club”) sought to expand its go-carting operations to include racing on Sundays. While the Straban Township Zoning Hearing Board (the “Board”) prevented the Club from doing after deeming it impermissible because it was not a use reflected in the Club’s certificate of nonconformance, the Commonwealth Court reversed and remanded, holding that the Club’s previous racing events on Sundays entitled it to protection.
Tag: Land Use
The applicant owned property in the city of Bethlehem, which was zoned RT High Density Residential. The applicant operated a deli on the property, which was a nonconforming use. The deli had been in business since the board approved a change in the use of the property from insurance office to a deli in 1998. The deli began operating at a loss in 2010. The applicant sought to expand the deli to a restaurant, which the applicant argued was a reasonable use of the property, for the survival of the business.
