Hunterstown Ruritan Club v. Straban Twp. Zoning Hearing Bd.
143 A.3d 538
| Pa. Commw. Ct. | 2016Background
- Hunterstown Ruritan Club (Club) has used a 14-acre property for community recreation and go‑kart racing since the 1960s; in 1982 HKC began leasing the track. The township adopted a zoning ordinance in 1992 making go‑kart racing non‑permitted; parties stipulated racing was a lawful pre‑existing nonconforming use at that time.
- From 2002 onward racing intensity and hours increased; the zoning officer issued a violation in Oct. 2011. The Club applied for a certificate of nonconformance seeking recognition of Saturday and Sunday racing.
- On Feb. 17, 2012 the zoning officer issued a certificate limiting the nonconforming use to Saturdays only (ending by 11:00 p.m.); the certificate did not inform the Club of an appeal right.
- The Club applied to the Zoning Hearing Board to expand the prior nonconforming use to permit Sunday racing; the Board held hearings with testimony from Club representatives and neighbors.
- The Board acknowledged a pre‑existing nonconforming use but found the Club failed to meet Ordinance standards for an expansion (buffering, parking, pedestrian access, illumination, effect on property values, public services) and denied the application; the trial court affirmed.
- This Court reversed: it held Sunday racing was a lawful pre‑existing nonconforming use entitled to protection and that the certificate could not extinguish that right; remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sunday racing was a lawful pre‑existing nonconforming use | Club: Evidence shows Sunday racing occurred before the 1992 Ordinance; use was not abandoned | Township/Board: Certificate limited the nonconforming use to Saturdays; Club sought an expansion requiring Board approval | Court: Board found Sunday racing occurred pre‑Ordinance; Club entitled to protection — Board erred in denying all Sunday races |
| Legal effect of certificate of nonconformance | Club: Certificate is evidentiary only and cannot create or extinguish a constitutionally protected nonconforming property right | Township: Certificate effectively established the scope of the nonconforming use (Saturdays only) | Court: Certificate is procedural; absence/terms of certificate do not divest owner of constitutional right; Board erred relying on certificate to limit use |
| Whether increased Sunday racing required approval as an expansion (special exception) | Club: Sunday racing is a temporal continuation/natural expansion within the existing footprint, not a new use or physical expansion | Board: Application sought an extension under §140‑26B and must meet special exception/§140‑61E standards | Court: Natural expansion doctrine protects reasonable increases; Board failed to find that Sunday racing exceeded natural expansion and improperly required certificate's terms to control; remand for further proceedings |
| Whether Board permissibly denied expansion based on Ordinance standards (parking, buffering, public services, devaluation) | Club: Evidence addressed mitigation and operational controls; neighbors’ testimony speculative and insufficient to show detriment | Board: Club failed to prove compliance with buffering, parking, access, environmental, illumination, and special exception standards; harm to neighbors | Court: Reversed without resolving merits of those Ordinance‑based contentions; remanded so lower forums can apply proper legal standard respecting protected nonconforming use and natural expansion |
Key Cases Cited
- DoMiJo, LLC v. McClain, 41 A.3d 967 (Pa. Cmwlth. 2012) (certificate of nonconformance is procedural and does not create or abolish constitutional nonconforming rights)
- Smalley v. Zoning Hearing Board of Middletown Township, 834 A.2d 535 (Pa. 2003) (right to continue lawful nonconforming use entitled to due process protection)
- Pennsylvania Northwest Distributors, Inc. v. Zoning Hearing Board of Moon Township, 584 A.2d 1372 (Pa. 1991) (lawful nonconforming use creates vested property right; may be lost only by nuisance, abandonment, or eminent domain)
- Nettleton v. Zoning Hearing Board of Pittsburgh, 828 A.2d 1033 (Pa. Cmwlth. 2003) (natural expansion doctrine protects reasonable increases in a prior lawful use)
- Slusser v. Black Creek Township Zoning Hearing Board, 124 A.3d 771 (Pa. Cmwlth. 2015) (issuance of a nonconforming use certificate does not grant additional property rights)
- TKO Realty, LLC v. Zoning Hearing Board of Scranton, 78 A.3d 732 (Pa. Cmwlth. 2013) (absence of a certificate is a procedural disadvantage, not a loss of the nonconforming right)