Finn v. Zoning Hearing Board of Beaver Borough

OPINION BY

Judge SMITH-RIBNER.

Tim Finn and John J. Petrush appeal from an order of the Court of Common Pleas of Beaver County that affirmed the order of the Zoning Hearing Board of Beaver Borough (Board) ruling that a second sign on commercial property owned by Mr. Petrush was in violation of the Zoning Ordinance of Beaver Borough and would have to be removed. They question (1) whether an actual and lawful nonconforming use may be found to have been abandoned without proof of both the intent to abandon it and its actual abandonment by the landowner; (2) whether a finding of abandonment is…