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i h <br /> Zoning Bulletin September 10, 2016 Volume 10 Issue 17 <br /> Nonconforming Use—Town Issues <br /> Landowner a Certificate of <br /> Nonconformance That Fails to <br /> Acknowledge a Prior Nonconforming <br /> Use <br /> Rather than appeal certificate of <br /> nonconformance, landowner seeks <br /> expansion of nonconforming use <br /> Citation:Hunterstown Ruritan Club v. Straban Tp. Zoning Hearing <br /> Bd., 2016 WL 3755520 (Pa. Commw. Ct. 2016) <br /> PENNSYLVANIA (07/14/16)—This case addressed the issue of <br /> whether a zoning board erred in denying an application to expand a <br /> nonconforming use. <br /> The Background/Facts: Hunterstown Ruritan Club (the "Club") <br /> owned property in Straban Township (the "Township") on which it <br /> provided the community with "recreational opportunities," including <br /> go-cart racing. A portion of the property was informally used for go- <br /> cart racing since the early 1960s. Go-cart,racing on the property pri- <br /> marily took place on Saturdays,but since 1972 had also been occasion- <br /> ally held on Sundays. <br /> In 1992, the Township adopted its first zoning ordinance (the <br /> "Ordinance"). Under the Ordinance, the Club's property was in a zon- <br /> ing district that did not permit go-cart racing. Accordingly,the go-cart <br /> racing at the Club's property was a legal pre-existing nonconforming <br /> use when the Ordinance was adopted. <br /> In 2002,the intensity of both the land used and time of operations of <br /> 1 the go-cart use on the Club's property increased. In 2011, the Town- <br /> ship's zoning officer issued a notice of zoning violation to the Club. <br /> Thereafter, the Club applied for a certificate of nonconformance, <br /> requesting recognition of the use of the property for go-cart racing on ' <br /> Saturdays and Sundays. The zoning officer then issued a Certificate of <br /> Non-Conformance, identifying the pre-existing nonconforming condi- <br /> tions as including go-cart racing on Saturdays only. <br /> Subsequently, the Club applied to the Township's Zoning Hearing <br /> Board (the "Board"), seeking an expansion of the prior-existing <br /> nonconforming use to also allow go-cart racing on Sundays. <br /> ©2016 Thomson Reuters 5 <br /> h <br /> h <br /> iL <br />