Orange Stones Co. v. Borough of Hamburg Zoning Hearing Board

8 Pa. D. & C.5th 322
CourtPennsylvania Court of Common Pleas, Berks County
DecidedApril 29, 2009
Docketno. 08-14650
StatusPublished

This text of 8 Pa. D. & C.5th 322 (Orange Stones Co. v. Borough of Hamburg Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orange Stones Co. v. Borough of Hamburg Zoning Hearing Board, 8 Pa. D. & C.5th 322 (Pa. Super. Ct. 2009).

Opinion

LASH, J.,

The matter before this court is the land use appeal filed by appellant, Orange Stones Company, from a decision entered by the Borough of Hamburg Zoning Hearing Board dated October 2008, denying the application of Orange Stones for a zoning permit. Orange Stones had submitted a permit application to the Borough of Hamburg for a proposed use stated in the application to be a “68-bed inpatient, non-hospital rehabilitation center for drug and alcohol persons with 16-bed halfway house.” The board denied the application on the basis that the premises was situate in a flood plain and that the contemplated uses constituted a “hospital” and a “jail or prison,” both of which are prohibited by the zoning ordinance from being constructed within a floodplain.

Orange Stones, formerly known as Alcat Reentry Centers Inc., is the owner of real property (premises) located at 215 Pine Street, in the Borough of Hamburg, Berks County, Pennsylvania. The premises is located in a VC borough and village center zoning district as defined [324]*324by the Borough of Hamburg Zoning Ordinance.1 The premises is located in a “zone AE” within the floodplain boundary of a 100-year floodplain.

On or about June 17, 2008, Orange Stones2 submitted an application for a zoning permit for the premises. In the application, the proposed use was described as “first floor: 68-bed inpatient, non-hospital rehabilitation center for drug and alcohol persons with 16-bed halfway house.”

After consideration of the application, the borough zoning officer issued correspondence to Orange Stones, dated July 10, 2008, denying the application. Among other concerns raised, the zoning officer found that the proposed use is prohibited under section 508.8.7.1.a of the zoning ordinance because the proposed use meets the definition of hospital. In making this finding, the zoning officer found that the proposed use would include a detoxification facility, a conclusion he reached based upon consideration of a previous application filed by Orange Stones on June 2, 2008, which specifically included a listing of detoxification facilities as a proposed use.

Orange Stones then appealed to the board, who held hearings on August 26, 2008 and September 29, 2009. In its decision, dated October 2008, the board denied the appeal on the basis that the proposed use violated section 508.8.7 of the zoning ordinance.3 Specifically, the board [325]*325determined that the proposed use was within the definition of a “hospital,” because it included a detoxification unit. Secondly, the board determined that the “halfway house” use constituted use of the premises as a “jail or prison.” Third, the board found that the premises was located within a floodplain. Because section 508.8.7 of the Hamburg Zoning Ordinance prohibits the construction, enlargement or expansion of any structure located within a floodplain for a hospital, jail or prison use, the application was denied. This appeal followed.

This court’s standard of review, having taken no additional evidence, is limited to determining whether the zoning hearing board abused its discretion or committed an error of law. Center City Residents Association v. Zoning Board of Adjustment, 48 Pa. Commw. 416, 410 A.2d 374 (1980). As stated in Zoning Hearing Board of Sadsbury Township v. Board of Supervisors of Sadsbury Township, 804 A.2d 1274, 1278 (Pa. Commw. 2002): [326]*326merit, 501 Pa. 550, 462 A.2d 637 (1983). Teazers Inc. v. Zoning Board of Adjustment, 682 A.2d 856 (Pa. Commw. 1996). Upon reviewing a decision of a zoning hearing board, a court may not substitute its judgment for that of the board; and, assuming the record demonstrates substantial evidence, the court is bound by the board’s findings which result from resolutions of credibility and the weighing of evidence rather than a capricious disregard for the evidence. Vanguard Cellular System Inc. v. Zoning Hearing Board, 130 Pa. Commw. 371, 568 A.2d 703 (1989), petition for allowance of appeal denied, 527 Pa. 620, 590 A.2d 760 (1990).”

[325]*325“An abuse of discretion will be found only if the zoning board’s findings are not supported by substantial evidence, that is, such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. Valley View Civic Association v. Zoning Board of Adjust-

[326]*326In the within appeal, Orange Stones argues that the board erred in finding that the proposed use constituted a hospital, because its determination was based solely on the board’s incorrect belief that the use would include detoxification facilities. The detoxification facility use was referenced solely in the application filed by Orange Stones on June 2, 2008, which application was subsequently withdrawn. The within application dated June 17, 2008 made no reference to including detoxification as a use for the facility. Further, the evidence presented by Orange Stones at the hearing specifically set forth that the premises would not be used for a detoxification facility.

Secondly, Orange Stones contends that the board erred in considering whether a halfway house falls within the definition of a jail or prison. Orange Stones argues that this matter was decided in its favor by the zoning officer who, while, denying the application for other reasons, did not list the halfway house use as a basis for the denial. Accordingly, the board exceeded its authority in consid[327]*327ering this issue, then denying the application on that basis. In the alternative, Orange Stones urges that the matter should be remanded to provide a record necessary to establish that the halfway house use does not fall within the definition of a jail or prison.

Initially, we reject Orange Stones argument that the board wrongfully considered whether the proposed halfway house use falls within the definition of “jail or prison.” A zoning hearing board is a quasi-judicial body which performs “formal fact-finding and deliberative functions in a manner similar to that of a court.” Kennedy v. Upper Milford Township Zoning Hearing Board, 575 Pa. 105, 121, 834 A.2d 1104, 1114 (2003). Accordingly, its functions include conducting a hearing and receiving evidence from which the factual findings are drawn. The hearing being conducted is a de novo hearing. See East Allegheny Community Council v. Oncology-Hematology Associates, 783 A.2d 375, 379-80 (Pa. Commw. 2001). As such, all issues pertinent to the matter at hand may be considered.

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Related

Vanguard Cellular System, Inc. v. Zoning Hearing Board
568 A.2d 703 (Commonwealth Court of Pennsylvania, 1989)
Valley View Civic Ass'n v. Zoning Board of Adjustment
462 A.2d 637 (Supreme Court of Pennsylvania, 1983)
Serafini v. Dodrill
325 F. Supp. 2d 535 (M.D. Pennsylvania, 2004)
Teazers, Inc. v. Zoning Board of Adjustment
682 A.2d 856 (Commonwealth Court of Pennsylvania, 1996)
East Allegheny Community Council v. Oncology-Hematology Associates
783 A.2d 375 (Commonwealth Court of Pennsylvania, 2001)
Kennedy v. Upper Milford Township Zoning Hearing Board
834 A.2d 1104 (Supreme Court of Pennsylvania, 2003)
Center City Residents Ass'n v. Zoning Board of Adjustment
410 A.2d 374 (Commonwealth Court of Pennsylvania, 1980)

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Bluebook (online)
8 Pa. D. & C.5th 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-stones-co-v-borough-of-hamburg-zoning-hearing-board-pactcomplberks-2009.