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G. ANTONINI v. ZONING HEARING BOARD MARPLE TOWNSHIP AND TOWNSHIP MARPLE. TOWNSHIP MARPLE (03/05/86)

decided: March 5, 1986.

G. ANTONINI, TRADING AS G. ANTONINI CONSTRUCTION
v.
THE ZONING HEARING BOARD OF MARPLE TOWNSHIP AND TOWNSHIP OF MARPLE. TOWNSHIP OF MARPLE, APPELLANT



Appeal from the Order of the Court of Common Pleas of Delaware County in case of G. Antonini, trading as G. Antonini Construction v. The Zoning Hearing Board of Marple Township, and Marple Township, No. 84-4776.

COUNSEL

Michael F. X. Gillin, for appellant.

Guy A. Messick, Fronefield and deFuria, for appellee.

Judges Rogers and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 95 Pa. Commw. Page 422]

The Township of Marple (Township) appeals from the decision of the Court of Common Pleas of Delaware County which sustained the appeal of G. Antonini, t/a G. Antonini Construction (Appellee) and ordered the Zoning Hearing Board of Marple Township (Board) to grant Appellee's application for a special exception. We reverse.

Appellee operated a paving and construction business in the R-1 Residential Zoning District, allegedly a non-conforming use. The applicable ordinance provides in full:

§ 85-141. Nonconforming uses.

A. The lawful use of a building existing at the effective date of this ordinance, or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this ordinance, but such use may not be extended or enlarged except as a special exception.

B. A nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a special exception. Whenever a nonconforming use of a building has been changed to a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

C. No building which has been damaged by fire or other causes to the extent of more then seventy-five per centum (75%) of its

[ 95 Pa. Commw. Page 423]

    value shall be repaired or rebuilt, except in conformity with the regulations of this ordinance. No building which has been razed shall be rebuilt, except in ...


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