Board of Supervisors, Lower Makefield Township, 38 Pa. This Court has recognized mobile homes (on individual lots) and mobile home parks as separate and distinct land development uses, Meyers v. The Township contends this ordinance is not exclusionary and that "mobile home" as a use is a term of art with a generic meaning. The central issue is whether the zoning ordinance, by restricting the use of mobile homes to mobile home parks, unconstitutionally excludes the placement of mobile homes on individual lots.Ī constitutional challenge to a zoning ordinance must overcome a presumption of validity by proving that the ordinance entirely excludes a legitimate use the burden then shifts to the municipality to show that the exclusion reasonably relates to public health, safety and welfare. This is a case of first impression before this Court. 3 The Common Pleas Court concluded that the ordinance was unconstitutionally exclusionary. The Geigers then instituted the constitutional challenge to the ordinance, which excludes any placement of mobile homes on a single residential lot but permits mobile home parks in the municipality. The Geigers requested a constitutional challenge to the ordinance be held in abeyance until the Board ruled on the exception. 2 They filed for a special exception pursuant to Section 705.3.3(jj) of the North Whitehall Township Zoning Ordinance, which allows for the placement of a mobile home on an individual lot only for related persons who are dependent on their family by virtue of physical and/or mental disability. The Geigers sought to establish a mobile home on their 40-acre single-family dwelling lot. The North Whitehall Township appeals a Lehigh County Common Pleas Court order which reversed the Zoning Hearing Board's decision and declared the Township Zoning Ordinance unconstitutional. Before CRUMLISH, Jr., President Judge, and ROGERS, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO, JJ. Piosa, Weaver, Mosebach, Piosa & Hixson, Catasauqua, for appellants.Ĭharles W. ZONING HEARING BOARD OF the TOWNSHIP OF NORTH WHITEHALL et al.Īppeal of NORTH WHITEHALL TOWNSHIP.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |