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Foreman v. Union Township Zoning Hearing Board

Denial of request for permission to provide adult entertainment at bar/restaurant reversed; record demonstrated that a nonconforming use was already in existence at the time of the enactment of the zoning ordinance, and court should not have used an overly technical assessment of the subsequent use to stunt its natural development and growth.

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Argued: June 7, 2001

William A. Foreman (Foreman), t/d/b/a Sensations Bar & Grill, appeals from an order of the Court of Common Pleas of Adams County that affirmed the decision of the Union Township Zoning Hearing Board (Board) denying his request for permission to provide adult entertainment at his bar/restaurant. Foreman contends, inter alia, that the adult entertainment currently provided at his bar/restaurant constitutes a pre-existing nonconforming use permitted as of right under the Union Township Zoning Ordinance (Ordinance), as amended. We reverse.

The following relevant facts were presented at a hearing held before the Board. Foreman owns the subject property located at 880 Hanover Pike in Union Township (Township), Adams County within the Community Commercial zoning district. Foreman has operated a bar/restaurant on the subject property since 1984. On November 15, 1995, the Township amended the Ordinance enacted in 1986, listing in Section 507.B uses permitted in the Community Commercial zoning district. Although a bar/restaurant was not one of the permitted uses under Section 507.B, Foreman was permitted to continue to operate his bar/restaurant as a pre-existing nonconforming use because it existed at the time of the amendment of the Ordinance. In July 1998, Foreman changed the trade name of his bar/restaurant to Sensations Bar & Grill (Sensations).

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