without a request for specific relief, a zoning hearing board lacks the authority to interpret an ordinance and any such interpretation would be an impermissible advisory opinion
How later courts described this case
- without a request for specific relief, a zoning hearing board lacks the authority to interpret an ordinance and any such interpretation would be an impermissible advisory opinion
Written by the judges who cited it.
The opinion
DISSENTING OPINION BY
President Judge LEADBETTER.
I must respectfully dissent. Given that the Township is seeking to enforce the height provision of the junkyard ordinance, I believe the Zoning Officer’s refusal to reclassify the business use on this property is a “determination” appealable to the Zoning Hearing Board under Section 909.1(a)(3) of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, added by the Act of December 21, 1988, P.L. 1329, 53 P.S. § 10909.1(a)(3) and North Codorus Township v. North Codorus Township Zoning Hearing Board, 873 A.2d 845 (Pa.Cmwlth.2005). Therefore, the Zoning Hearing Board did have jurisdiction and we should reach the merits.