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LAKE ADVENTURE v. ZONING HEARING BOARD DINGMAN TOWNSHIP AND DINGMAN TOWNSHIP (02/17/82)

decided: February 17, 1982.

LAKE ADVENTURE, INC., APPELLANT
v.
THE ZONING HEARING BOARD OF DINGMAN TOWNSHIP AND DINGMAN TOWNSHIP, APPELLEES



Appeal from the Order of the Court of Common Pleas of Pike County in case of Lake Adventure, Inc. v. The Zoning Hearing Board of Dingman Township and Dingman Township, No. 10 May Term, 1979.

COUNSEL

Charles B. Zwally, Shearer, Mette & Woodside, for appellant.

John H. Klemeyer, Beecher, Wagner, Rose & Klemeyer, for appellees.

President Judge Crumlish and Judges Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Palladino did not participate in the decision in this case.

Author: Macphail

[ 64 Pa. Commw. Page 553]

Lake Adventure, Inc. (Appellant) appeals from an order of the Court of Common Pleas of Pike County which affirmed the decision of the Dingman Township Zoning Hearing Board (Board) to deny Appellant's application for a special exception. We affirm.

Appellant owns a 397 acre tract of land located in Dingman Township (Township) which it is developing as a recreational vehicle park. The tract is located in an R-3 zoning district which allows recreational vehicle parks by special exception. The Board's approval of Appellant's application for such a special exception on May 9, 1977 is not at issue in the instant proceeding. Appellant plans to ultimately subdivide its tract into 1,700 campsites.

On May 18, 1977 Appellant applied for a zoning permit to allow it to provide certain "essential commercial services" to the park. Among the services proposed were recreational vehicle sales and servicing, a general store, a laundromat and propane gas sales. The services were to be located on a strip of land bordering Legislative Route (L.R.) 739 and were to be housed in a building constructed outside the park's guardhouse with a 100-foot setback from the centerline of L.R. 739. The Board denied the application on July 26, 1977 concluding, inter alia, that the services proposed were not "essential" services as defined by the Township's ordinance.

Appellant subsequently filed a curative amendment request with the Township Board of Supervisors pursuant to Sections 609.1 and 1004(b) of the Pennsylvania

[ 64 Pa. Commw. Page 554]

Municipalities Planning Code (MPC),*fn1 requesting that the proposed commercial services be defined in the ordinance as "accessory uses" to recreational vehicle parks or that the specified portion of Appellant's tract be rezoned as a commercial district. Following a hearing, the requests were denied in a written decision by the Township Supervisors; however, the Supervisors also decided that the commercial services should be permitted by special exception. Accordingly, on June 20, 1978 the Township Supervisors amended the zoning ordinance to provide, in pertinent part, as follows:

The provision of commercial services or the sale and servicing of recreation vehicles to lot owners in a recreational vehicle campground shall be permitted only by special exception in the R-3 Mobile Home Park Zoning district. The Zoning Hearing Board shall review the application and ...


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