Appeal from the Order of the Court of Common Pleas of Dauphin County in the case of Andrew J. Watson and Pauline B. Watson, his wife v. The Zoning Hearing Board of West Hanover Township, No. 4635 S 1983.
Gregory R. Reed, for appellants.
F. R. Martsolf, Connelly, Martsolf & Reid, for appellee.
Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.
[ 90 Pa. Commw. Page 647]
Andrew and Pauline Watson (objectors) appeal an order of the Court of Common Pleas of Dauphin County which affirmed a decision of the Zoning Hearing Board of West Hanover Township granting approval of a site development plan to expand a nonconforming use on property owned by Lawrence and Betty Jane Houck.
We must determine*fn1 if the site development plan involves a permissible expansion of a nonconforming use under Article IV of the West Hanover Township Zoning Ordinance, which provides:
D. EXTENSIONS OR ENLARGEMENTS
1. The types of extension and enlargement listed below are permitted for nonconforming uses and buildings on the effective date of the Ordinance.
a. The extension of a nonconforming use of land upon a lot occupied by such use.
At the time the township originally enacted its zoning ordinance in 1968, the Houcks were using two adjoining lots for a masonry contracting business. With the enactment of the ordinance, which zoned the Houcks' property single-family residential (R-S), the masonry contracting business became a legal nonconforming use.
This case involves the Houcks' application, in 1983, for approval of a site development plan to erect a new building on one lot and to expand and enlarge existing structures on the other lot. The zoning hearing board and the court found that both tracts ...