In Re Appeal of Lynch Com. Homes, Inc.

Opinion by

Judge Smith,

Lynch Community Homes, Inc. (Appellant) appeals from the order of the Court of Common Pleas of Montgomery County which sustained the decision of the Upper Moreland Township Zoning Hearing Board (Board) denying Appellant’s application for a special exception 1 to operate a home for retarded persons in Upper Moreland Township’s (Township) R-3 Residential District. Issues presented for review are whether the proposed use of Appellant’s property is a permitted use under the Township zoning ordinance’s (Ordinance) def inition of “family”; 2 whether the ordinance’s definition…