32 Pa. Commw. 426 | Pa. Commw. Ct. | 1977
Opinion by
Michael Biggan has appealed an order of the Luzerne County Court of Common Pleas modifying a decision of the Zoning Hearing Board of Foster Township directing the appellant entirely to cease conducting a junkyard in the township.
Biggan acquired a house and lot containing .454 of an acre in Foster Township in 1952. In the late 1950’s, Biggan began to use part of his lot for the storage of junked automobiles from which he sold parts and scrap metal. It is agreed that Biggan’s enterprise was a junkyard as defined by the Foster Township Zoning Ordinance enacted in 1967 and that Biggan’s use of the .454 acre was, after 1967, a lawful nonconforming use. After the enactment of the Ordinance Biggan and his sons continued to operate the junkyard, and by degrees increased both the number of automobiles stored on the property and the scope of their activities with respect thereto. In early 1974, the Biggans began to use a four acre tract across the road from the .454 acre tract as an extension of their junkyard. This land belonged to Beltrami Enterprises. As many as fifty to sixty cars have been kept by the appellant on the two properties, and the operations of the junkyard had been expanded to include the cutting, burning and crushing of junked cars.
On October 3, 1975, the Zoning Officer of Foster Township directed Biggan to cease and desist all of his junkyard activities, asserting that all were unlawful nonconforming uses. Biggan appealed the Zoning Officer’s order to the Zoning Hearing Board without
We believe the court below
Accordingly, we enter the following
Order
And Now, this 14th day of November, 1977, that part of the order of the Luzerne County Court of Common Pleas, made July 16, 1976, limiting the extent of use which appellant may make of the .454 acre lot is reversed; its order is otherwise affirmed.
The court received evidence. We therefore review the court’s action. Citizens For a Clean Environment v. Zoning Hearing Board of Hanover Township, 23 Pa. Commonwealth Ct. 12, 350 A.2d -419 (1976).