Foster Grading Co. v. Venango Township Zoning Hearing Board

Opinion by

Judge Rogers,

This is the appeal of the Foster Grading Company (Foster) from an order of the Court of Common Pleas of Erie County affirming the decision of the Venango Township Zoning Hearing Board denying Foster’s application for a conditional use permit.

Foster applied to the Board for a permit to construct and operate a bituminous concrete mixing plant in an A-l Conservation District of Venango Township. The Township’s zoning ordinance permits manufacturing as a conditional use in A-l Conservation Districts upon compliance with performance standards *3set out in the ordinance. A…