Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Richard Wengert v. Zoning Hearing Board of Upper Merion Township, No. 76-19836.
Gregory J. Dean, of Meneses & Dean, for appellant.
Lois Reznick, with her George J. Miller, Dechert, Price & Rhoads, for appellees.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
This zoning appeal involves the question of whether a foster home for troubled adolescents who are referred by the courts, limited to six foster children,*fn1 attended by two foster parents and one or more assistants, can qualify as a permitted use in a R-2 residential district as a single family residential use. The zoning ordinance defines single family detached dwelling, family and dwelling as follows:
Dwelling, Single-Family Detached -- A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
Family -- Any number of individuals living together as a single non-profit housekeeping unit and doing their cooking on the premises, excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.
Dwelling -- A building designed for and occupied exclusively for residence purposes, excluding
hotel, rooming house, tourist home, institutional home, residential club, motor lodge, and the like.
The matter arose on a request for a special exception. The Zoning Hearing Board (Board) denied the request. On appeal, the court of common pleas remanded the case to the Board, reserving judgment on the question of a special exception and directing it to consider whether this was a permitted use. The Board decided it ...