Appeal from the Order of the Court of Common Pleas of Delaware County, in case of Rocco S. Tirotta v. Zoning Hearing Board of Yeadon, No. 85-10419.
Edward C. Harkin, for appellant.
Stephen J. Polaha, Of Counsel: Eckell, Sparks, Levy, Auerbach, Monte & Moses, for appellee.
Judge Craig, and Senior Judges Barbieri and Kalish, sitting as a panel of three. Opinion by Judge Craig.
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Rocco S. Tirotta appeals an order of the Delaware County Court of Common Pleas affirming the denial of a requested zoning variance by the Yeadon Borough Zoning Hearing Board. Tirotta sought a variance to permit the installation of a ten-foot satellite dish on the roof of his home. The board denied the variance, under the procedures set forth in Section 912 of the Pennsylvania Municipal Planning Code, Act 247 of 1968, P.L. 805, as amended, 53 P.S. 10912.
Tirotta raises three issues on appeal:
(1) Whether the board abused its discretion or committed legal error in denying the variance;
(2) Whether FCC regulations addressing television satellite dishes preempt the borough's zoning ordinance; and
(3) Whether the zoning ordinance is unconstitutionally arbitrary and unnecessarily discriminatory, by allowing satellite dishes in A-residence districts but not in B-residence districts.
The undisputed facts in this case show that Tirotta's home is located in a B-residence district. The dwelling is a semi-detached structure with a store on the first floor, built on a corner lot. There is no rear yard. The borough zoning ordinance permits satellite receive-only antennas or dishes only in A-residence districts by way
[ 110 Pa. Commw. Page 503]
of special exception, subject to the ...