Hitchcock V. Zoning Board of Adjustment of Pittsburgh

594 A.2d 820, 140 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 356
CourtCommonwealth Court of Pennsylvania
DecidedJune 27, 1991
DocketNo. 2141 C.D. 1990
StatusPublished

This text of 594 A.2d 820 (Hitchcock V. Zoning Board of Adjustment of Pittsburgh) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hitchcock V. Zoning Board of Adjustment of Pittsburgh, 594 A.2d 820, 140 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 356 (Pa. Ct. App. 1991).

Opinion

CRAIG, President Judge.

This zoning case presents ordinance interpretation questions. The general issue is whether a motorhome constitutes a “noncommercial automobile,” which the Pittsburgh ordinance allows to be parked outdoors in a residential district, rather than only in a garage.

The City of Pittsburgh appeals an order of the Court of Common Pleas of Allegheny County, reversing a decision of the Zoning Board of Adjustment of the City of Pittsburgh that denied a request by Jeffrey and Susan Hitchcock (owners) to allow their motorhome, unoccupied, to be parked outdoors on their property, rather than solely within a garage.

The property is located in an R3 Multiple Family District and contains a 2-lk story, two-unit house with an 83-foot [609]*609driveway and a large rear parking area. The Pittsburgh Zoning Code requires that dwellings in R3 districts must have one parking stall for each dwelling unit. Pittsburgh Zoning Code, § 989.01.

On July 24, 1989, the owners applied to the Bureau of Building Inspection for an occupancy permit and building permit, proposing to use outdoor parking space for their motorhome and for one other outdoor parking stall.

The zoning administrator issued a statement of noncompliance to the owners, informing them that the motorhome is not an “automobile” under the Code. Because only “noncommercial automobiles” may be parked in the outdoor off-street parking spaces of dwellings, § 933.02 of the Code, the zoning administrator cited the owners for “outdoor parking of a motor home instead of in a garage.”

The owners appealed the decision of the zoning administrator to the board, which affirmed the decision of the zoning administrator.

On appeal to the common pleas court, the trial judge held that the board “mischaracterized” the owners’ request “as an application for a permanent use variance and a variance from the requirement that a two-family dwelling have two off-street parking spaces.” The trial court, finding no support in the Code for the board’s conclusion, reversed the board.1

The city here contends that a variance would be necessary because, as noted above, in an R3 Multiple-Family Residential District, § 933.02 provides that a minor parking area2 — necessarily outdoors, not within a building — is exclusively for the parking of “noncommercial automobiles.”

[610]*610There is no dispute that the motorhome is noncommercial. However, the city asserts that a motorhome is a trailer rather than an automobile. Therefore, under the implicit mandate of § 933.02 of the Code, the city contends that the motorhome may be parked only in a garage.

The Code defines “automobile” as a “self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.” Section 903.02(a). The same subsection defines “noncommercial automobile” as follows:

‘Automobile, noncommercial’ means an automobile designed and used primarily for transport of passengers, but not including a bus, taxicab, limousine or similar vehicle used for commercial transportation purposes.

The Code defines “trailer” as “any vehicle or portable structure equipped for and used as sleeping or living quarters for one or more persons, mounted upon wheels and used as a conveyance on highways or streets, and drawn by its own or other motive power.” Section 903.02(t) (Emphasis added.)

There are no precedents for guidance because other municipalities use different wordings for these matters, and the courts have not construed these Pittsburgh provisions.

Analysis requires that this court first decide whether the Pittsburgh Code concepts of “noncommercial automobile” and “trailer” are mutually exclusive. The city takes the position that they are mutually exclusive. The decision of the Pittsburgh Zoning Board of Adjustment is consistent with that position.

Close comparison of these two ordinance definitions supports the city’s view.

An apparent key element of the definition of “noncommercial automobile” is that it means an automobile “designed and used primarily for transport of passengers.” (Emphasis added.) The adverb “primarily” must be noted.

By contrast, the Pittsburgh Code definition of “trailer” refers to a vehicle (or a portable structure) which is “equipped for and used as sleeping or living quarters.”

[611]*611Study of the Pittsburgh Code definition of “trailer” shows that it is broad enough to embrace at least two different types of vehicles which are equipped for and used as sleeping or living quarters.

First, the Pittsburgh Code definition of “trailer” clearly embraces a “travel trailer,” which is commonly understood to be a towed vehicle equipped for sleeping and living on a non-permanent basis, e.g., at stops on a journey. And a travel trailer is designed and used for travel; i.e., as the definition states, it is “used as a conveyance on highways,” conveying the travelers’ living and sleeping facilities; the law prohibits the conveyance of passengers in a travel trailer. 75 Pa.C.S. § 3706(a), (b). In order to be thus useable on public highways without special permit, travel trailers have a width of eight feet or less.

Even more clearly, the Pittsburgh Code definition of “trailer” also embraces a motorhome, which the dictionary defines as

an automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home — compare MOBILE HOME.

Webster’s New Collegiate Dictionary 752 (1977). The Pittsburgh definition of “trailer” includes this concept because its wording is not limited to towed vehicles but embraces a “vehicle ... used as sleeping or living quarters ... and drawn by its own ... motive power.” And a motorhome is even more definitively “used as a conveyance on highways” because motorhomes lawfully carry passengers (and driver) as well as living facilities.

This content of the Pittsburgh Code definition of “trailer,” as including the concepts of travel trailers and motor-homes — both of which are generically categorized as recreational vehicles — indicates strongly that the ordinance intent was to describe a class of vehicles distinct from automobiles, which the ordinance characterizes as “primarily for transport of passengers.”

[612]*612To conclude that the ordinance definitions of “noncommercial automobile” and “trailer” are mutually exclusive is consistent with allowing outdoor parking for ordinary passenger automobiles but, in residential districts, requiring recreational vehicles — including motorhomes — to be parked indoors.

The cross-reference to “MOBILE HOME” in the dictionary definition of “motor home” necessarily prompts us to test the above interpretation by asking whether the Pittsburgh trailer definition also includes mobilehomes — the modern version of which is normally so large that it is really a manufactured modular residence which is not and cannot be parked in a residential garage.

The dictionary definition of “mobilehome” is

a trailer that is used as a permanent dwelling, is usually connected to utilities, and is designed without a permanent foundation — compare MOTOR HOME.

Webster’s New Collegiate Dictionary 738 (1977).

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Related

Anstine v. Zoning Board of Adjustment
190 A.2d 712 (Supreme Court of Pennsylvania, 1963)
Appeal of Geiger v. Zoning Hearing Board
507 A.2d 361 (Supreme Court of Pennsylvania, 1986)
Pittsburgh Outdoor Advertising Co. v. Zoning Board of Adjustment
320 A.2d 916 (Commonwealth Court of Pennsylvania, 1974)
West Bradford Township v. MacMichael
347 A.2d 345 (Commonwealth Court of Pennsylvania, 1975)

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Bluebook (online)
594 A.2d 820, 140 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hitchcock-v-zoning-board-of-adjustment-of-pittsburgh-pacommwct-1991.