| ICSC Legal Database - Cases | Monday, February 22, 1999 05:06 PM |
| Citation: |
| Action Audio Serv. v. Zoning Hearing Bd., 699 A.2d 1375 (Pa. Commw. Ct. 1997). |
| Issue: |
| Whether an unoccupied section of a building can lose non-conforming status under a zoning ordinance while |
| other portions of the same building retain that status? |
| Facts: |
| The Plaintiff, a building owner, brought suit after the Defendant–Zoning Hearing Board denied occupation and |
| use permits to potential business tenants for a section of the Plaintiff’s building. The building, which was a |
| single structure divided into three sections, was originally zoned B-Business. The zoning was changed to R-2 |
| Residential, but the building was entitled to pre-existing, non-conforming status under the local zoning |
| ordinance. The Defendant claimed that the non-conforming use of the unoccupied section of the building had |
| been abandoned. After a permit to continue the non-conforming use was denied, the Plaintiff appealed to the |
| trial court, claiming the unoccupied space had been used in connection with his TV repair business, continuing |
| the non-conforming use. The trial court was not convinced that the unoccupied unit had been used for business |
| purposes and found for the Defendant. This appeal followed. |
| Holding: |
| Reversed. Looking at the zoning ordinance, the court found no specific provisions which would allow the |
| Defendant to determine that there had been an abandonment of non-conforming use for a portion of the building. |
| The court found that the building as a whole had been continuously used for a non-conforming, commercial |
| purpose. Therefore, the entire building, including the unoccupied unit, was still entitled to non-conforming use |
| status, regardless of whether the unoccupied portion had been used for a business purpose. |
| 01512 - Journal - Fall 1998 |
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