44 Pa. Commw. 489 | Pa. Commw. Ct. | 1979
Opinion by
The appellant, French Adult Books, Inc., appeals here from the denial of its application for a special exception to permit the erection of coin-operated motion picture projectors in individual booths (“peep shows”) within its bookstore, which is located in a commercially-zoned area of Bristol Township.
The Bristol Township Building Inspector initially denied the appellant’s occupancy and zoning application on the basis that the proposed use constituted a “place of amusement, recreation or assembly” and that a special exception was therefore required. The appellant then applied to the Bristol Township Zoning Board of Adjustment (Board) for a special exception to erect the “peep shows,” and the Board held that the proposed use would substantially injure and detract from the value of neighboring properties and would create further problems of fire protection and
The relevant portion of the Bristol Township Zoning Ordinance regarding commercial districts provides as follows:
A building may be erected or used for any of the following purposes, and no other:
2. Retail Store....
11. The following uses when authorized by the Zoning Hearing Board as a special exception:
b. Place of amusement, recreation or
assembly when conducted indoors. . . .
13. Accessory use on the same lot with and customarily incidental to any of the above permitted uses. . . .
The appellant argues first that the proposed “peep shows” are an accessory use to its adult bookstore, and that, therefore, a special exception was not required. We would agree that the lower court’s denial of this contention is justified in a general sense, although as a practical matter “peep shows” have been considered as customarily incidental to the so-called “adult” bookstore. Township of Whitehall v.
The appellant next argues that the Board abused its discretion and committed an error of law in denying the application for a special exception. The Board here found that the appellants would have been entitled to a special exception as a “ place of amusement, recreation or assembly” if the general conditions set forth in the zoning ordinance had been met. It found, however, that Sections 171 and 177 of the ordinance would be violated because the proposed use would violate the spirit, purpose and intent of the zoning ordinance; that the proposed use would substantially detract from the value of the neighboring property and from the character of the neighborhood; and that the proposed use would not serve the best interest of the township, the convenience of the community or the public welfare because it would create further problems of fire protection and traffic control. The Board also found that there would be inadequate parking space. Although this Court may have decided differently, we cannot conclude that there was a manifest abuse of discretion or error of law in this regard on the part of the Board.
The order of the lower court, therefore, and the decision of the Board will be affirmed.
And Now, this 27th day of July, 1979, the order of the Court of Common Pleas of Bucks County and the decision of the Bristol Township Zoning Board of Adjustment in the above-captioned matter is hereby affirmed.