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EVES v. ZONING BOARD ADJUSTMENT. (09/26/60)

September 26, 1960

EVES, APPELLANT,
v.
ZONING BOARD OF ADJUSTMENT.



Appeals, Nos. 167, 168 and 169, Jan. T., 1960, from order of Court of Common Pleas of Montgomery County, April T., 1959, No. 5, in case of Schuyler Eves et al. v. Zoning Board of Adjustment of Lower Gwynedd Township. Order reversed.

COUNSEL

Thomas E. Waters, with him Waters, Cooper & Gallager, and Schubert and Schubert, for protestants, appellants.

Thomas J. Timoney, and Foulke, Knight & Porter, for Township, appellee.

Knox Henderson, with him Charles H. Welles, 3rd, and Henderson, Wetherill & O'lley, and Welles & Mackie, for applicant, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Eagen, JJ.

Author: Cohen

[ 401 Pa. Page 212]

OPINION BY MR. JUSTICE COHEN

These appeals, involving specifically the validity of two ordinances which amend respectively the general zoning ordinance and the zoning map of Lower Gwynedd Township, present the problem of the validity of a method of zoning aptly termed by the appellants as "flexible selective zoning."

On April 28, 1958 the Board of Supervisors of Lower Gwynedd Township adopted Ordinance 28 which

[ 401 Pa. Page 213]

    officially amended the General Zoning Ordinance of the township to provide for the new zoning district known as "F-1" Limited Industrial District. This ordinance sets forth in detail the requirements, conditions and restrictive uses for an "F-1" classification, including the requirements that any proposed development be constructed in accordance with an overall plan; that any plan shall be designed as a single architectural scheme with appropriate common landscaping and shall provide a minimum size of 25 acres; that adequate parking space shall be provided for all employees and visitor's vehicles; that parking, loading or service areas used by motor vehicles shall be located within the lot lines of Limited Industrial District, and shall be physically separated from the public streets by a buffer strip; that no building or other permanent structure, nor parking lot, shall be located within 200 feet of a public street, right-of-way, or property line; and that the area of land occupied by the buildings shall not exceed 10% of each site within the Limited Industrial District. The ordinance reserves the right in the board of supervisors to prescribe particular requirements or any further reasonable conditions deemed appropriate with respect to the suitability of the Limited Industrial District in the neighborhood.

Ordinance 28, however, does not itself delineate the boundaries of those specific areas which are to be classified as "F-1" districts. Instead, the ordinance outlines a procedure whereby anyone may submit to the board an application requesting that his land be rezoned to "F-1" limited industrial, together with plans showing the nature of the industry the applicant wishes to establish and the conformity of any proposed construction with the requirements of the district as enumerated in the ...


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