Stambaugh v. Zoning Hearing Board

36 Pa. D. & C.3d 367, 1984 Pa. Dist. & Cnty. Dec. LEXIS 122
CourtPennsylvania Court of Common Pleas, York County
DecidedDecember 12, 1984
Docketno. 84-S-2620
StatusPublished

This text of 36 Pa. D. & C.3d 367 (Stambaugh v. Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stambaugh v. Zoning Hearing Board, 36 Pa. D. & C.3d 367, 1984 Pa. Dist. & Cnty. Dec. LEXIS 122 (Pa. Super. Ct. 1984).

Opinion

BUCKINGHAM, J„

This is an appeal from a decision by the York City Zoning Hearing board which denied appellant’s request for building permits to construct a facility in which an automobile parts removal business would be operated.

Appellant, Donald E. Stambaugh, trading and doing business as Stambaugh’s Used Auto Parts, is the owner of real property located at 127 North Broad Street in the City of York. The land contains a large, multi-story main building, formerly used as a manufacturing facility and a warehouse. For the past seven years, however, the facility has been vacant. Appellant, who currently operates two automobile service stations and a used car rental agency elsewhere in the city, plans to expand by using this facility to remove used parts from automobiles and warehouse the parts within the building for display and sale.

The city’s zoning officer refused to grant building permits to appellant for his planned renovations of the facility because he ruled that such use' would be for “scrap processing, auto wrecking and junk yards.” This use is only allowed for those areas zoned as Heavy Industrial Districts (IH) according to section 1302.17 of the York City Zoning Ordinance. The premises, however, are within an area [369]*369zoned as a General Commercial District (CG), section 1302.13, which does not permit the use in which appellant’s business was. classified by the zoning officer.

A public hearing on the matter was held on July 19, 1984 before the York City Zoning Hearing Board. Appellant requested that the board interpret the zoning ordinance and determine whether his proposed use should be classified as a scrap processing, auto wrecking and a junk yard business, a use which would require a variance, or whether his proposed use was more nearly an auto repair business, which would be permitted in the CG Zoning District. The board determined that appellant’s proposed use was most closely akin to a scrap processing, auto wrecking and a junk yard business as set forth in section 1302.17(b)(1)(c) and, of course, would not be permitted in the CG District where his facilities are located. Appellant’s variance request, made necessary by this interpretation, was also considered and denied. We also note here that the York City Planning Commission had recommended disapproval of .the variance request.

For this appeal appellant concedes the board’s depial of his variance request and that issue is not before the court. Appellant is before us requesting that we reverse the zoning hearing board’s decision and find that his proposed use of the facility is the. functional equivalent of an auto repair facility and such use would be incidéntal to the warehousing and sales of used auto parts which is allowed in a CG Zoned District. We agree with this intrepretation of the city’s zoning ordinance and we shall reverse the decision of the zoning hearing board and issue an order directing that the proper permits be issued to appellant.

[370]*370Our review of this matter is g Wd by firmly established legal principles. Since additional evidence was taken by this court, or. • ‘-cope of review is limited to determining whether the board committed a manifest ábuse of discretion or an error of law. Pyzdrowski v. Pittsburgh Board of Adjustment, 437 Pa. 481, 263 A.2d 670 (1970); Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637 (1983). A zoning ordinance, being in derogation, of the common law and of the rights of property owners, must be strictly construed against the municipality. Archbishop O’Hara’s Appeal, 389 Pa. 35, 131 A.2d 587 (1957); Medinger Appeal, 377 Pa. 217, 104 A.2d 118 (1954).

We find that the zoning héaring board committed an error of law when it found that the proposed use of the property was to be classified as “scrap processing, auto wrecking and junk yards” under the York City Zoning Ordinance §1302.17(b)(1)(c). Rather, based bn the zoning board’s findings of fact and strictly construing the ordinance against the city, we find appellant’s proposed business to fall under “vehicular sales, rental and repair” and “retail store and business” pursuant to the York Zoning Ordinance § 1302.13(b)(1), a use of the property allowed in a General Commercial (CG) District.

A brief summary of the zoning hearing board’s findings of fact, which we must accept, shows that' the proposed use of the premises involves the bringing in of used and wrecked automobiles where they will be stripped of usable parts. The stripping of usable parts from these cars will take place entirely inside the building using wrenches and cutting torches. The automobile parts will then be warehoused and sold from inside the building and will not be [371]*371visible from the outside. There will be no storage of parts from the outside. There will be no storage of parts or wrecked automobiles outside the building.' The unsalvagable parts and the stripped automobiles will then be removed from the building directly off the premises. In conjunction with this use, appellant will be using,the premises to conduct an automobile rental business, which is not involved in this appeal.

The facts and issues in this case are almost identical to those found in Munchback v. Hulmeville Borough Zoning Board of Adjustment, 76 York Leg. R.41 (Bucks County 1961). There, appellant planned to use a vacant factory in which his business would purchase junked automobiles, transport them to the interior of the building, remove the usable parts through the use of wrenches or cutting torches, resell the usable parts from a retail outlet located in the building, and dispose of the automobile remnants by having them hauled away to junk yards or junk dealers. All operations would be conducted inside the building and there was to be no storage of automobiles or parts outside the building. Since the Hulmeville Zoning Ordinance permitted lawful uses of the property in that area except for a “junk yard, salvage, or wrecking yard,” the issue for the court was whether or not the business would come within that classification.

■ We believe the description of the business in the Munchback cases is identical to the one in the present case and, as in Munchback, appellant here would not be allowed to operate a.business on the premises if it was classified as. a “junk yard, salvage or auto wrecking yard.” The only difference between these cases is that the York City Zoning Ordinance defines “junk yard” while the Hulmeville Zoning Ordinance did not.

[372]*372In deteimining the classification of the proposed business, the Munchback court addressed the issue of whether or not such a business was a “junk yard.” In finding that it was not, the court relied on case law and its own reasoning and stated:

“In the appellant’s case, relatively few automobiles would be present in the building at any given time; the length ,of time during which any particular automobile would be present on the property would be relatively brief; there would be no burning of waste materials from the carcasses of the automobiles, and no baling, compacting or other processing of the resulting scrap metal. Moreover, appellant’s establishment would have, in effect, an actual retail store as part of the operation.

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Related

Medinger Appeal
104 A.2d 118 (Supreme Court of Pennsylvania, 1954)
Archbishop O'Hara's Appeal
131 A.2d 587 (Supreme Court of Pennsylvania, 1957)
Valley View Civic Ass'n v. Zoning Board of Adjustment
462 A.2d 637 (Supreme Court of Pennsylvania, 1983)
Pyzdrowski v. Pittsburgh Board of Adjustment
263 A.2d 426 (Supreme Court of Pennsylvania, 1970)

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Bluebook (online)
36 Pa. D. & C.3d 367, 1984 Pa. Dist. & Cnty. Dec. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stambaugh-v-zoning-hearing-board-pactcomplyork-1984.