AWACS, Inc. v. Zoning Hearing Board

LORD, Senior Judge.

AWACS, Incorporated, d/b/a Comcast Metrophone (Comcast), appeals a Delaware County Court of Common Pleas order upholding a decision of the Newtown Township Zoning Hearing Board (Board) to deny its request for a building permit or special exception permit.

In April 1995, Comcast applied for a building permit to install twelve mobile phone antennae on the roof of Newtown Towers, an apartment building of some 18 stories, at 3400 West Chester Pike in Newtown Township. Newtown Towers is located in the Township’s A-0 (apartmenVoffice) zone. The application was denied as an…