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HAROLD J. RAMSEY v. ZONING HEARING BOARD BOROUGH DORMONT ET AL. BOROUGH DORMONT (10/13/83)

decided: October 13, 1983.

HAROLD J. RAMSEY
v.
ZONING HEARING BOARD OF THE BOROUGH OF DORMONT ET AL. THE BOROUGH OF DORMONT, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Harold J. Ramsey v. Zoning Hearing Board of the Borough of Dormont v. The Borough of Dormont, No. SA 1364 of 1981.

COUNSEL

Phillip D. Paull, for appellant.

William G. Boyle, with him Robert P. Struble, Meyer, Unkovic & Scott, for appellee.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 77 Pa. Commw. Page 457]

The Borough of Dormont appeals an Allegheny County Common Pleas Court order reversing the Dormont Zoning Hearing Board's (Board) denial of a use conversion permit. We affirm.

Harold Ramsey owns a single-family house in a commercial district which is a valid non-conforming use. Ramsey sought to convert the property to a conforming commercial use, but the Board refused his application, holding that Section 504.2 of the zoning ordinance (ordinance) prohibited the conversion.

Section 504.2 provides that:

No existing single . . . family dwelling situate in any residential district . . . established under prior zoning ordinances, which are now included in any commercial . . . District established by this ordinance, shall be converted to any commercial use.

Ramsey contends that, because his building was unoccupied for eighteen months, the non-conforming use terminated and the property reverted to a commercial

[ 77 Pa. Commw. Page 458]

    use by operation of Section 501.3 of the ordinance, which provides that:

If a non-conforming use of land or buildings ceases operations for a continuous period of more than six (6) months, then this shall be deemed to be an intent to abandon such use and any subsequent use of ...


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