Lantos v. Zoning Hearing Bd. of Haverford Tp.

• Decision Date: 25 February 1993
• Citation: 153 Pa.Cmwlth. 591,621 A.2d 1208
• Parties: Peter R. LANTOS, Appellant, v. ZONING HEARING BOARD OF HAVERFORD TOWNSHIP.
• Court: Pennsylvania Commonwealth Court

Page 1208

621 A.2d 1208

153 Pa.Cmwlth. 591

Peter R. LANTOS, Appellant, v. ZONING HEARING BOARD OF HAVERFORD TOWNSHIP.

Commonwealth Court of Pennsylvania.

Argued Feb. 1, 1993.

Decided Feb. 25, 1993.

[153 Pa.Cmwlth. 593] Daniel S. Coval, Jr., for appellant.

Hugh A. Donaghue, for appellee.

Before PALLADINO and SMITH, JJ., and NARICK, Senior Judge.

NARICK, Senior Judge.

Peter R. Lantos appeals from the order of the Court of Common Pleas of Delaware County that affirmed the Zoning Hearing Board of Haverford Township's (ZHB) denial of Lantos' request for student housing licenses. We affirm.

In 1979, Lantos purchased a 13,500 square foot parcel at 812-814 Penn Street in Haverford Township, zoned R-6 residential. The two houses have been rented continuously from the time Lantos acquired the property. Among these tenants have been numerous students.

In 1989, Haverford Township enacted housing ordinance No. 2057 and zoning ordinance No. 2064, (collectively, student housing ordinances). Pursuant to these ordinances, single family residences, such as those owned by Lantos, could be used for student housing by special exception, provided certain physical requirements such as spacing, minimum square footage and off-street parking, were satisfied. ¹

Lantos applied for student housing licenses which the Director of Codes Enforcements refused because Lantos' property did not meet the requirements of the student housing ordinances. Lantos appealed to the ZHB, arguing that he was entitled to the student housing licenses under The ZHB denied Lantos' appeal because Lantos failed to show that the property was a lawful non-conforming use in existence prior to the enactment of the student housing ordinances. The ZHB also concluded that Lantos' challenge to the constitutionality of the ordinances was meritless because the ordinances had a "rational relationship to the legitimate purpose of zoning." (ZHB Conclusion of Law, 4).

the non-conforming use doctrine because the property had been previously rented and used as student housing.

Lantos appealed to the trial court. Without taking additional evidence, the trial court affirmed the ZHB, adding that Lantos' constitutional challenge did not establish that the ordinances were arbitrary, unreasonable and unrelated to the public health, safety, morals and general welfare.

On appeal to this Court, ² Lantos argues: 1) that the ZHB abused its discretion or erred as a matter of law in holding that his property was not a lawful non-conforming use prior to the enactment of the student housing ordinances; and 2) that the ZHB erred in holding that the ordinances were constitutional.

NON-CONFORMING USE

Lantos argues that he is entitled to student housing licenses on the basis of the non-conforming use doctrine. Lantos asserts that because the property had been leased to persons qualified as a "family," a permitted use, that he now should be allowed to continue this use.

The zoning ordinances in effect before the enactment of the student housing ordinances stated that all rentals in R-6 districts be to persons qualifying as a "family." Section 182-106 of the Laws of Haverford Township defines "family" as:

A single person occupying a dwelling unit and maintaining a household; two (2) or more persons related by blood, marriage or adoption occupying a dwelling unit, living together and maintaining a common household, including not more than one (1) boarder, roomer or lodger; or not more than (3) unrelated persons occupying a dwelling unit living together and maintaining a common household (group quarters).

Lantos asserts that his student rentals met the definition of "family" and thus, was a pre-existing non-conforming use. However, the ZHB found that Lantos' property did not meet the requirements of a "family" because more than three unrelated persons occupied the premises. The ZHB credited the testimony of several neighbors that testified the premises had been leased to more than three unrelated individuals. Lantos offered no evidence that the unrelated student tenants had maintained a "common household," operating in the manner akin to a family unit or the functional equivalent thereof.

A non-conforming use is an activity or structure predating the relevant zoning restrictions. Estate of Barbagallo v. Zoning Hearing Board of Ingram Borough, 133 Pa.Commonwealth Ct. 38, 574 A.2d 1171 (1990). The benefit of legal non-conforming use status is available only for the lawful use which existed on the land when the ordinances took effect and it is the burden of the party proposing the existence of such non-conforming use to establish both its existence and legality before the enactment of the ordinance at issue. Antonini v. Zoning Hearing Board of Marple Township, 95 Pa.Commonwealth Ct. 420, 505 A.2d 1076 (1986).

Non-conforming uses are recognized by Section 182-802A of the Zoning Laws of Haverford Township and are defined in conformity with Section 107(a) of the Pennsylvania Municipalities Planning Code Act of July 31, 1986, P.L. 805, as amended, 53 P.S. § 10107(a) as:

A use, whether or land or of structure, which does not comply with the applicable use provisions in a zoning ordinance (Emphasis added).

or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment....

Thus, while the evidence may have established the prior use of the property as student rentals, the evidence likewise showed the use of the property did not constitute a lawful use so as to form a proper basis upon which to grant non-conforming use status.

Where the validity of a zoning ordinance is challenged, the function of judicial review is to engage in a meaningful inquiry into the restriction on the land's use in light of the deprivation of the land owner's freedom thereby incurred. Hopewell Township Board of Supervisors v. Golla, 499 Pa. 246, 452 A.2d 1337 (1982). We will affirm a decision of a zoning hearing board when the findings of fact are supported by substantial evidence. Gatti and Mann Homes, Inc. v. Zoning Hearing Board of Salisbury Township, 117 Pa.Commonwealth Ct. 399, 543 A.2d 622 (1988). Substantial evidence has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Danwell Corp. v. Zoning Hearing Board of Plymouth Township, 115 Pa.Commonwealth Ct. 174, 540 A.2d 588 (1988).

Our review of the record shows that substantial evidence supports the ZHB's finding that more than three unrelated individuals resided in each rental unit and that the student tenants did not maintain a common household or function in a manner resembling that of a family. Therefore, Lantos...