Antonini v. Zoning Hearing Board

Opinion by

Judge MacPhail,

The ‘Township of Marple (Township) appeals from the decision of the Court of Common Pleas of Delaware County which sustained the appeal of G-. Antonini, t/a GL Antonini Construction (Appellee) and ordered the Zoning Hearing Board of Marple Township (Board) to grant Appellee’s application for a special exception. We reverse.

Appellee operated a paving and construction business in the R-l Residential Zoning District, allegedly a non-conforming use. The applicable ordinance provides in full:

§85-141. Nonconforming uses.

A. The lawful use of a building existing at the…