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KUBIA APPEAL. (05/28/59)

May 28, 1959

KUBIA APPEAL.


Appeal, No. 91, March T., 1959, from order of Court of Common Pleas of Beaver County, Sept. T., 1956, No. 34, in re appeal of John Kubia, Jr. from the refusal of the Zoning Board of the Borough of Ambridge to grant a building permit. Order affirmed. Appeal by property owner from decision of zoning board of adjustment denying building permit. Adjudication filed affirming decision of board, and order entered, opinion by SOHN, J. Property owner appealed.

COUNSEL

Earl J. Schermerhorn, with him Smith & Schermerhorn, for appellant.

Genevieve W. Settino, Borough Solicitor, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Cohen

[ 396 Pa. Page 110]

OPINION BY MR. JUSTICE COHEN

This appeal results from the refusal to grant applicant a building permit to erect a lumber yard and tin shop for heating installations in the Borough of Ambridge in an area zoned "commercial." The applicant entered into an agreement to purchase the land so that his equitable interest therein provided his status to ask for the permit. See Richman v. Zoning Board of Adjustment, 391 Pa. 254, 137 A.2d 280 (1958). The applicant was fully aware of the classification of the land at the time of the execution of the agreement, which was executed seven months after the enactment of the Ambridge Zoning Ordinance of 1955. By the terms of the ordinance, the use sought to be obtained was permissive in a zone denominated "industrial" but was not so in a "commercial" zone.

Applicant's argument is that the ordinance is arbitrary, capricious, unreasonable and not in accord with law in formulating the commercial and industrial classifications as they pertain to lumber yards and tin shops, especially when reference is made to the history and industrial nature of the borough.

The Ambridge Zoning Ordinance of 1955 provides for a variety of uses in Section 501 for a "commercial"

[ 396 Pa. Page 111]

    area as follows: "A building may be erected, altered or used, and a lot or premises may be used for any of the following purposes, and for no other: ... 2. Sale and storage of goods at retail and wholesale including personal service shops. ... 7. Public garage, motor vehicle sales, service or repair shops, gasoline service stations and motor vehicle parking lots. ... 9. Hand laundry, machine laundry, dry cleaning or dyeing plant. 10. Carpenter, cabinet making, furniture or upholstery shop. ..."

Section 601 relates to manufacturing and industrial districts and provides for the following uses: "... 5. Wholesale, retail and warehouse facilities including lumber yards, building material and supply yards or other similar products." (Emphasis supplied).

Zoning classifications are not to be considered in a vacuum but are important elements to the overall scheme of a particular zoned area. Zoning classifications are largely within the discretion of the appropriate legislative body and courts are loathe to interfere with their judgment except in those situations where the classification bears little or no relation to ...


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