In 2009, Costco contacted the local zoning official with a proposal to construct an outdoor gas station next to an existing retail store. Costco believed this use was permitted in the Expressway Corridor Preservation Overlay District (hereinafter “Overlay District”) as an accessory use. The zoning officer disagreed and Costco appealed to the Montgomery County Zoning [...]
The Bradford Township Zoning Officer charged New Century with a violation alleging that New Century’s compressor station, located where natural gas emerges from the wellhead, it not a use permitted in the Forest/Slope Residence District. The Officer asserted that the compressor station was not equipment “necessary to drilling or pumping operations and was not incidental [...]
DeVoe applied for a building permit for a large storage building on a vacant lot he owned. The City’s Office of Planning and Grants informed him that under the applicable zoning regulations he could only build an accessory building that would be incidental to the ordinary use of a building located on the same premises. [...]
The Philadelphia Suburban Development Corporation (developer) owns an office building in the Commercial Downtown (CD) area of Scranton. The Pennsylvania Department of Corrections (Department) operates a “Community corrections center” and sought to relocate to the Developer’s office building in the CD area. A Community Corrections Center is a half-way house for inmates on parole, work [...]
The Allisons own three contiguous tax map parcels of real property that are separated by private roads in the Town. Paul Allison obtained a permit and built a two-car detached garage on one of the unimproved parcels located directly across the private road from the parcel upon which his residence was located. Following a complaint [...]
A New York appellate court dismissed a facial constitutional challenge to the New York City Zoning Resolution which alleged that the Zoning Resolution provided no objective criteria by which the define the terms “incidental to” and “customarily found in connection with,” which are contained in the definition of “accessory use.” The court found that the [...]
