Gohn v. Zoning Board of Adjustment of Columbia

BUCKWALTER, ].,

— The issue before the court is whether the Zoning Board of Adjustment of the Borough of Columbia committed an abuse of discretion or an error of law in granting a variance to intervenor Pollock-Columbia to operate a transfer station for the handling of industrial scrap materials.

The zoning of the tract which intervenor wishes to use as a scrapyard is Industrial. Section 90-34B of the Columbia Code provides that a junkyard is not a permitted use. Intervenor concedes that the junkyard use includes his proposed scrapyard use. Section 90-79C provides that under no circumstances…