The Pennhurst Zoning Appeal

Sadly, I have to report that the appeal of the EVT Zoning Hearing Board’s approval of the use by right in a low-density residential zone of the Pennhurst Asylum haunted house has been denied by Justice Robert Shenkin of the Chester County Court of Common Pleas.

The two and one-half page decision essentially supports the ZHB in its defining a recreational building and what such a building may be used for, owing to the ambiguity in which the zoning ordinance is currently written.

Thus, within any LR zone in the Township, a structure may be designated by its owner as a recreational building and pursue a use by right similar to the haunted house attraction. Since it is a use by right, no traffic studies or other conditions are required.  It may be possible that this interpretation could apply to the MR & HR zones as well.

As I mentioned in my previous article, the Board of Supervisors acknowledges that the haunted house amusement has created serious traffic problems and those problems will be addressed, and presumably solved to some extent, prior to the 2012 version of the event.

One significant change will be the imposition of a 5% amusement tax payable directly to the Township. This tax will also apply to the two golf courses in the Township and other events yet to be determined.

What must be of deep concern to all residents is that the Court ruled that where ambiguity exists in any zoning ordinance, the ZHB and the Court will construe the zoning ordinance in favor of the property owner.  Thus, it is apparent that our zoning ordinances need thoughtful review and revision to ensure they reflect the true intent of the Township with unwavering clarity so that they may withstand the challenge of misinterpretation.