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Rudolph v. Zoning Hearing Board of Cambria Township

Commonwealth Court of Pennsylvania

839 A.2d 475 (2003)

Relevant factsFree

After the property owner subdivided her residential lot, leaving one resulting lot with only a pole building (no residence) as its sole structure, her son Matt (defendant) ran a landscaping business from that lot, storing supplies outdoors, employing five non-family workers, and generating noise and odors that prompted neighbors the Rudolphs (plaintiffs) to complain. The township issued an enforcement notice, but the court of common pleas found the original building permit had authorized the landscaping business, and the Rudolphs appealed.

IssueFree

Whether a home occupation can be a permitted accessory use in a residential zone if there is not a residence on the property.

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