Philadelphia v. Angelone

Dissenting Opinion by

Judge Manderino:

There is a difference between the expansion of a structure and the expansion of a use. The Angelones wish to expand their existing structure. There is nothing in the record to indicate that the existing structure is a nonconforming structure so far as the requirements of the zoning district are concerned. The addition which the Angelones wish to make to their existing structure in order to expand the nonconforming use cannot be prevented unless the addition would be detrimental to the public welfare, safety and health. In Silver v. Zoning Board of…