Platts v. Zoning Hearing Board of the Borough of Bradford Woods

In Platts v. Zoning Hearing Board of the Borough of Bradford Woods, 654 A.2d 149 (Pa. Cmwlth. 1995), our court rejected a similar assertion that the ordinance permitted the use in question without consideration as to whether it was customarily incidental to the principal use. Specifically, in Platts, homeowners asserted that the zoning ordinance, construed in the manner permitting them the broadest use, permitted their home-based operation of a commercial and luxury home construction firm (maintained by husband) and a marketing, decorating and consulting service (maintained by wife). Homeowners asserted that the businesses qualified as home occupations, which were deemed under the ordinance to be permitted accessory uses. The applicable ordinance defined accessory use as one "customarily incidental and subordinate to the principal use and located on the same lot as the principal use." Id. at 150. In addition, the ordinance provided for "home occupations," stating, in pertinent part, that "the pursuit of vocational or avocational interests by a resident shall be deemed an accessory use to a dwelling." Id. at 151. The court refused to rule that homeowners' businesses, being the pursuit of their vocational interests, must be deemed accessory uses without reference to whether the businesses were customarily incidental and subordinate to the principal use. Rather, the court ruled that in light of the ordinance's stated purpose to "provide a pleasant, attractive, healthy environment" and to concentrate "non-residential uses in areas where streets and utilities can provide necessary services and where conflicts with other uses can be minimized," the accessory use and home occupation sections must be read together. Id. at 152. Thus, the court considered whether the businesses qualified as customarily incidental to the residential use, ultimately concluding that they did not.