Smalley v. ZONING HEARING BD. OF MIDDLETOWN

OPINION OF THE COURT

Justice CASTILLE.

In this zoning appeal, we consider questions arising from a local zoning board’s determination that a long-standing home accounting office did not qualify as a valid nonconforming use in a residential zoning district because the homeowner did not memorialize the professional use by securing a use and occupancy permit, a requirement not previously existing. Because we find that the tribunals below erred in depriving appellant of a valid nonconforming use based upon an unsubstantiated, technical requirement, we reverse and remand the matter for issuance of a…