Agenda - Planning Commission - 04/04/2019

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Zoning Bulletin February 10, 2019 I Volume 13 I Issue 3 The Township appealed. THE COURT'S DECISION: Judgment of Court of Common Pleas reversed. The Commonwealth Court of Pennsylvania held that the Kintners' short-term rental use of their home did not constitute a legal, nonconfouniing use under the pre-2006 Township zoning ordinance as the Kintners' short-term tenants did not qualify as "fam- ily" under the zoning ordinance. In so holding, the court first explained that a valid, nonconforming use is "a use that predates the enact- ment of a prohibitory zoning restriction ...." The court further explained that "[t]he right to maintain a pre-existing nonconformity is available only for uses that were lawful when they came into existence and which existed when the ordinance took effect. Pre-existing illegal uses cannot become noncon- forming uses with a protected right to exist upon enactment of a new ordinance prohibiting them." Whether the Kintners' short-term rental use was a valid, nonconforming use prior to the 2016 prohibi- tion on the use depended on the language of the pre- 2016 zoning ordinance. Again, that zoning ordinance permitted "one -family detached dwelling" uses in the R-1 zoning district. The zoning ordinance de- fined "family," in relevant part, as'"[a]s many as six (6) persons living together as a single, permanent and stable nonprofit housekeeping unit ...." Looking at that definition, the court concluded that "[g]iven that the short-term Airbnb rentals nec- essarily involve remuneration to the Kintners from a series of transitory tenants, the Kintners' rental operation clearly violated pre-2016 amendment requirements regarding permanence, stability, unity, lack of profit motive," among other things. Thus, the court concluded that "from the moment the Kintners began offering a portion of their home for short-term rental through Airbnb, they were in violation of the [z] oning [o]rdinance's requirement that a `family' reside in an R-1 zoned, one -family detached dwelling." Therefore, the court concluded that, con- trary to the trial court's holding, "the Kintners were engaged in an illegal, nonconforming use of their home." See also: Marchenko v. Zoning Hearing Board of Pocono Township, 147 A.3d 947 (Pa. Coniniw. Ct. 2016) (deeming short-term rentals of single-family dwellings permissible because that use did not contravene the relevant zoning ordinances' defini- tions of "family" or "single-family" dwelling). See also: Shvekh v. Zoning Hearing Board of Stroud Township, 154 A.3d 408 (Pa..Commw. Ct. 2017) (deeming short-term rentals of single-family dwellings permissible because that use did not contravene the relevant zoning ordinances' defini- tions of "family" or "single-family" dwelling). See also: Slice of Life, LLC v. Hamilton Township Zoning Hearing Board, 164 A.3d 633 (Pa. Commw. Ct. 2017), appeal granted, 180 A.3d 367 (Pa. 2018) (involving a zoning ordinance that did not define a permissible "family" as a group of people using the entirety of a home in a non-profit fashion). See also: Reihner v. City of Scranton Zoning Hearing Board, 176 A.3d 396 (Pa. Comniw. Ct. 2017). Housing Discrimination — Ordinance restricts treatment centers for current addiction of substance used in illegal manner Operator of sober living residences argues city ordinance illegally discriminates against recovering addicts Citation: Cornerstone Residence, Inc. v. City of Clairton, 2018 WL 6389723 (3d Cir., Dec. 31, 2018) The Third Circuit has jurisdiction over Delaware, New Jersey, Pennsylvania, and the Virgin Islands. .:. THIRD CIRCUIT (PENNSYLVANIA) (12/31/ 18)—This case addressed the issue of whether a city zoning ordinance that prohibits "treatment centers" in residential areas, and defines such "treatment centers" as a use providing housing or counseling because of "[c]urrent addiction to a controlled substance that was used in an illegal manner or alcohol...," on its face, discriminated against recovering addicts in violation of the federal Fair Housing Amendments Act. The Background/Facts: Cornerstone Residence, Inc. ("Cornerstone") is a non-profit corporation that operates sober living residences for recovering drug' and alcohol addicts. Cornerstone wanted to estab- lish such a residence in the City of Clairton (the "City"). In furtherance of that goal, Cornerstone © 2019 Thomson Reuters 5