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RICHARD D. REPKO AND DIANNE REPKO v. ZONING HEARING BOARD CITY GREENSBURG (11/18/86)

decided: November 18, 1986.

RICHARD D. REPKO AND DIANNE REPKO, HIS WIFE ET AL., APPELLANTS
v.
THE ZONING HEARING BOARD OF THE CITY OF GREENSBURG, APPELLEE



Appeal from the Order of the Court of Common Pleas of Westmoreland County in the case of Richard D. Repko and Dianne Repko, his wife; Elizabeth Sweet; George Ray; Frank Mattucci and Marie Mattucci; Albert Dudreck and Joan Dudreck; John Petrarca and Laura Petrarca; Richard Pershing and Janet Pershing; Genevieve Zello; Florence Zello; Dennis Holsinger; Janet Melnik; Robert McQuillis and Rosemary McQuillis; Milly Moschetti; Margaret C. Frye; James Eisaman and Eva L. Eisaman; Henry Zello; Ann F. Bell; Louis Giovannini and Elinor Giovannini; Louise Dott; Peter Rinier and Julia Rinier; Larry B. Randolph; Primo Pidutti and Marie Pidutti; Henry Trice and Dolly Trice; Ann McKary and Marion Trice v. The Zoning Hearing Board of the City of Greensburg, No. 4820 of 1984.

COUNSEL

Thomas J. Godlewski, for appellants.

John K. Sweeney, with him, Raymond J. Hoehler, for appellee.

Vincent J. Quatrini, Jr., for amicus curiae, Women's Services of Westmoreland County, Inc.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 102 Pa. Commw. Page 273]

Richard and Dianne Repko and other neighboring residents (objectors) appeal an order of the Court of Common Pleas of Westmoreland County which affirmed a decision of the Greensburg Zoning Hearing Board granting Women's Services of Westmoreland County (Women's Services) a special exception to permit renovation

[ 102 Pa. Commw. Page 274]

    and use of a dwelling, in an R-2 (general residential) District, as a shelter for victims of domestic violence, with five living units and administrative offices. The shelter would provide temporary housing, counseling and support services for abused women and their children.

We must determine (1) if the proposed shelter falls within the special exception for a "rooming house" as provided in the Greensburg zoning ordinance,*fn1 and (2) whether the zoning hearing board properly determined that the proposed use would not be detrimental to the neighborhood.

[ 102 Pa. Commw. Page 275]

The objectors first contend that the proposed shelter is not a "rooming house" as used in the special exception provision of the ordinance, but rather a conditional use which must be considered by the city council. The Greensburg ordinance does not define "rooming house."

The courts give undefined terms of a zoning ordinance their plain, ordinary meaning, assuming that an undefined term has been employed in its broadest sense. Appeal of Mt. Laurel Racing Association, ...


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