31 Pa. Commw. 357 | Pa. Commw. Ct. | 1977
Opinion by
In East Pikeland Township v. Bush Brothers, Inc., 13 Pa. Commonwealth Ct. 578, 319 A.2d 701 (1974), we held that a township zoning regulation which forbade the use of any land in the township for the establishment of a mobile home park was exclusionary and unconstitutional. This holding followed the same ruling earlier made with respect to apartment houses
The instant case concerns mobile home parks. Before June 1976, Harris Township, Centre County, permitted mobile home park use in its large R-l Rural Residence zoning district. In August 1973 the appellant partnership, Nicholas, Heim & Kissinger, entered into an agreement to purchase a tract in the R-l district containing about 140 acres of land. Desiring to develop its land as a mobile home park, the appellant engaged an architect to do the planning. It gave slide presentations of its intended development to the Township Planning Commission and the Board of Supervisors in August and September of 1973. The supervisors told the appellant’s representatives at the September meeting that mobile home park regulations were being- considered. The appellant’s representatives urged that such regulations be promptly adopted and offered their help in the preparation. The record would support a finding that the appellant partnership did not press the Township for subdivision or zoning approvals for its project while the supervisors were assertedly considering mobile home park regulations. In May 1974 members of the appellant part
The appellant partnership challenged the validity of the ordinance, as amended, pursuant to Section 1004(1) (a) of the Pennsylvania Municipalities Plan
The appellant partnership argues (1) that the ordinance, as amended, is exclusionary because the area provided for mobile home parks is only a token, and (2) that the zoning amendment is invalid because its sole purpose was that of forestalling the appellant’s development, citing Shapiro v. Zoning Board of Adjustment, 377 Pa. 621, 105 A.2d 299 (1954) and Limekiln Golf Course, Inc. v. Zoning Board of Adjustment, 1 Pa. Commonwealth Ct. 499, 275 A.2d 896 (1971). We need not decide the appellant’s second question, which is well supported, because it is too clear for serious argument to the contrary that the provision for mobile home parks made in the July and August 1974 amendments to Harris Township’s zoning ordinance was mere tokenism and invalid. We find in the record a letter from the Chairman of the Planning Commission to the Board of Supervisors written in late February 1974. The letter says that suggested amendments to the zoning ordinance, including one confining mobile home parks to a “newly defined R-MHP district” are enclosed. It recommends that no land for the R-MHP district should be set apart “at this time.” The Board of Supervisors’ provision of a total of ten acres, of which only six would be available for new mobile home park development, missed full acceptance of the Planning Commission’s recommendation by very little indeed.
Order
And Now, this 29th day of July, 1977, it is ordered that the order of the court below appealed from be and it is hereby reversed; the record is remanded
The only mobile home park in Harris Township, other than the 4y-2 acre tract just mentioned, was one consisting of 40 so-called pads on 25 acres. (In addition, two mobile homes exist side by side at another undisclosed location.) This mobile home park became a nonconforming use as a result of the 1974 amendments. Further, Section 602.1 of the zoning ordinance forbids expansion of a nonconforming use over new ground. See Appeal of Carr, 30 Pa. Commonwealth Ct. 342, 374 A.2d 735 (1977).