Opinion

Schiller-Pfeiffer, Inc. v. Upper Southampton Township Board of Adjustment

  • 1 Pa. Commw. 588
  • 276 A.2d 334
  • 1971 Pa. Commw. LEXIS 559
Court
Commonwealth Court of Pennsylvania
Filed
Apr 14, 1971
Status
Published
Author
Crumlish
On the bench
Bowman, Crumlish, Kramee, Kramer, Manderino, Mencer, Rogers, Wilkinson
Cited by
9 cases
Authority
More cited than 9.0%

The opinion

Concurring Opinion by

Judge Crumlish, Jr.:

While I am in agreement with the result reached today by this Court, I am also in general agreement *596 with Judge Kramer’s dissertation on the law in this Commonwealth regarding the expansion of nonconforming uses. I cannot agree with Judge Kramer, however, that the 50% extension limitation in the present case was unconstitutional as applied to Schiffer-Pfeif-fer, Inc.

The right to expand nonconforming uses to meet natural business expansion is necessary to protect the original property interests in the tract. Hanna v. Board of Adjustment, 408 Pa. 306 , 83 A. 2d 539 (1962). This does not mean, however, that municipalities must allow expansion or enlargement of a business to the fullest extent that the tract will hold. Here Schiller-Pfeiffer has expanded twice before, and could expand again to a lesser extent than requested and still be within the ordinance. It has not shown that to limit expansion to 50% would so jeopardize the entire operation of Schiller-Pfeiffer so as to threaten its property interests, i.e. the existence of its plant. Neither has it shown that the remaining portion of its tract is so small or irregular so as to prohibit its use in conformance with the zoning ordinance. Absent a showing that the limitation on expansion would jeopardize the existing nonconforming use, or would prohibit any reasonable use of the remaining land, I cannot hold the limitation unconstitutional as applied. I concur with the affirmance of the lower court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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