Pappas v. Zoning Board of Adjustment of City of Philadelphia

In Pappas v. Zoning Board of Adjustment of City of Philadelphia, 527 Pa. 149, 589 A.2d 675 (1991), the Supreme Court visited the natural expansion doctrine. Therein, the owner of a take-out sandwich shop, which constituted a nonconforming use, sought to expand to a full service pizza shop. However, the owner took three years to ultimately complete the renovations for the expansion, during which time no business was conducted on the site. While the dispositional crux of Pappas was whether or not the prior nonconforming use had been abandoned, the Supreme Court also held that the expansion at issue could not be characterized as a change to a new and different use, but was an expansion of the prior nonconforming use, and that the Court's reliance on the overly technical distinction between a take-out and full service eatery ignored the doctrine of natural expansion in relation to the nonconforming use at issue.