Latimore Township v. Latimore Township Zoning Hearing Board
2013 Pa. Commw. LEXIS 6
| Pa. Commw. Ct. | 2013Background
- Latimore Township appeals a ZHB decision allowing chicken houses on the Property as a permitted use in A-C-I, after revocation notices claimed nonconformity and abandonment.
- Property Owners have operated five chicken houses on two parcels since 1997–1998; three on the smaller parcel and two on the larger.
- In 2008 the Township adopted a zoning ordinance; the chicken houses are classified as a Concentrated Animal Operation under the new ordinance.
- Section 402 of the 2008 Zoning Ordinance lists “Agriculture including … raising and keeping livestock” as a permitted use in A-C-I, excluding development or expansion of new Concentrated Animal Operations.
- The Property is in the A-C-I District; the smaller parcel encroached on the larger parcel, leading to an add-on lot subdivision process in 2009–2010 which was not approved until early 2010.
- The ZHB eventually ruled the chicken houses were a permitted use under Section 402, the Township appealed, and the Court of Common Pleas affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chicken houses are a permitted use in A-C-I under Section 402. | Latimore argues Section 402 excludes Concentrated Animal Operations. | King asserts chicken houses constitute ‘raising and keeping livestock’ and are thus permitted. | Yes; chicken houses are a permitted use in A-C-I. |
| Whether existing unexpanded Concentrated Animal Operations are excluded by Section 402 or rendered ambiguous by conflicts between definitions. | Latimore contends exclusion of unexpanded CAOs is explicit and dispositive. | King contends ambiguity exists and should favor the property owner. | Ambiguity resolved in favor of Property Owners; existing unexpanded CAOs are permitted. |
Key Cases Cited
- City of Hope v. Sadsbury Township Zoning Hearing Board, 890 A.2d 1137 (Pa.Cmwlth.2006) (deference to ZHB interpretation of ordinance)
- Smith v. Zoning Hearing Board of Huntingdon Borough, 734 A.2d 55 (Pa.Cmwlth.1999) (ZHB interpretation given great weight)
- Anter Associates v. Zoning Hearing Board of Concord Township, 17 A.3d 467 (Pa.Cmwlth.2011) (ambiguity resolved in favor of property owner; specific over general)
- Heck v. Zoning Hearing Board for Harvey’s Lake Borough, 397 A.2d 15 (Pa.Cmwlth.1979) (conflict resolution between provisions)