Hess v. Warwick Township Zoning Hearing Board

In Hess v. Warwick Township Zoning Hearing Board, 977 A.2d 1216, 1221-22 (Pa. Cmwlth. 2009), the Court considered a zoning hearing board's interpretation of a provision in Warwick Township's zoning ordinance, which permitted shelters housing pets as an accessory use in an R-1 Residential District. 977 A.2d at 1218-19. Although the zoning ordinance made no specific mention of a limitation on the number of animals that could be housed in such a structure, the zoning hearing board concluded that a shelter housing twenty-one large dogs was not a valid accessory use under the terms of the zoning ordinance. Id. at 1219. In interpreting Warwick Township's zoning ordinance, this Court concluded that the R-1 Residential classification was intended to provide some limitation on the maximum permitted intensity of land use. Id. at 1222. Based on this reading of Warwick Township's zoning ordinance, the Court held that the only rational interpretation of the disputed provision had to include an implicit limit on the number of animals that could be sheltered as an accessory use of a residential property. Id.