Jackson township lebanon county12/15/2023 ![]() ![]() The burden on an applicant seeking a variance is a heavy one, and the reasons for the grant of a variance must be substantial, serious and compelling.Ĥ. Section 26-1607(A) of the Ordinance provides that a nonconforming sign shall not be replaced, altered, relocated or reconstructed except to bring the sign into total compliance with the provisions of the Ordinance.ģ. Jackson Township Zoning Ordinance § 27-1307 provides that any sign erected, constructed or placed before the effective date of the Ordinance that does not confirm to the applicable provisions of the Ordinance is a nonconforming sign, which shall not be replaced, relocated or otherwise changed until approval is obtained in accordance with the Ordinance. Substantial evidence exists when a board issues an opinion that sets forth the essential findings of fact and sufficiently shows that the board’s action was reasoned rather than arbitrary.Ģ. An abuse of discretion is present when a zoning board’s findings are not supported by substantial evidence. Where the trial court takes no additional evidence in a zoning case, the scope of review is whether the zoning hearing board committed an abuse of discretion or an error of law. Horst (“Appellant”) filed an appeal from the decision of the Zoning Hearing Board of Jackson Township (“Zoning Hearing Board”) in which the Zoning Hearing Board denied his request for a permit to replace an existing billboard on his property advertising off-premises businesses illuminated by floodlights, which was permitted pursuant to a nonconforming use existing prior to the adoption of the Jackson Township Zoning Ordinance, with a digital LED electronic message sign that would advertise seven (7) to eight (8) businesses on each side of the sign continuously, as well as his alternate request for a variance.ġ. Civil Action-Municipal Law-Land Use-Zoning-Nonconforming Use-Variance-Unnecessary Hardship-Billboard-LED Message Signĭavid H.
0 Comments
Leave a Reply.AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |