Property owner sought review of zoning hearing board decision denying owner building permit to rehabilitate structure into three-unit dwelling.
The Commonwealth Court held that:
- Use of property as three-unit dwelling was lawful nonconforming use, and
- Use was not abandoned.
Mere absence of a certificate of nonconformance from the zoning officer does not deprive landowner of his right to continue lawful nonconforming use. Use of property as three-unit dwelling was lawful nonconforming use under zoning ordinance, even though property owner did not seek certificate of nonconformance from zoning officer and failed to register in accordance with non-zoning ordinance. Prior zoning map placed property in “A” district, which permitted apartments, assessment card showed property had been assessed as three-unit dwelling, and use as three-unit dwelling became nonconforming upon passage of ordinance zoning property “R1-A,” which permitted single-family or twin semi-detached homes.