Agenda - Planning Commission - 01/09/2014

Home

Zoning Bulletin December 10, 2013 I Volume 7 I Issue 23 even accepting that Eagle Cove had a sincere belief and that it was burdened by the Ordinance, the County had demonstrated that it had a compelling state interest in preserving the rural nature around the lake achieved by the least restrictive means possible (a neutral zoning ordinance). The court concluded that the Ordinance was generally applicable to all residents and therefore a `normally acceptable" law under which religious organizations could be subject. Nonconforming Uses —City denies property owner's request for building permit City says nonconforming use had been abandoned Citation: TKO Realty, LLC v. Zoning Hearing Bd. of City of Scranton, 2013 WL 5658780 (Pa. Commw. Ct. 2013) . PENNSYLVANIA (10/18/13)—This case addressed the issue of whether the use of a certain property as a three -unit dwelling was a lawfully noncon- forming use and whether that use had been abandoned. More generally, the cases addresses what constitutes abandonment of a nonconforming use. The Background/Facts: TKO Realty, LLC ("TKO") owned property in the City of Scranton, Pennsylvania (the "City"). The property was zoned R1-A and permitted single-family or twin semi-detached homes. The structure on the property was condemned on,October 6, 2008, and purchased by TKO on May 28, 2009. TKO sought to rehabilitate the structure on the property into a three -unit dwelling. TKO applied for a building permit and to register the structure as a three -unit dwelling under the City Rental Registration Ordinance. The City zoning officer refused the request, and TKO appealed to the City's Zoning Hearing Board (the "ZHB"). TKO maintained that the use of the property as a multiunit dwelling was a legally nonconforming use. TKO presented tax assessment infouuation show- ing a "multi -dwelling" on the property, and a 1960 tax assessment card show- ing the property as a "three-family" dwelling. Moreover, TKO presented evi- dence that the property had, since at least 1960, continued to be assessed and taxed as a three -unit dwelling to date. The ZHB denied TKO's request. The ZHB found that the use of the prop- erty as a multiunit dwelling had been abandoned and that it was vacant and condemned for more than six months. TKO appealed. DECISION: Judgment of court of common pleas reversed. The Commonwealth Court of Pennsylvania held that use of TKO's prop- erty as a three -unit dwelling was a lawfully nonconfoiniing use, which had not been abandoned. 2013 Thomson Reuters 5