![]() ![]() 128, 233 A.2d 883 (1967) Īccord, Delaware County Community College Appeal, 435 Pa. ![]() The burden of proving that a Special Exception Application constitutes a detriment to the public health, safety, or welfare of the community then shifts to the objectors. and that The Club had successfully brought itself within this provision which accords the right to proceed by Special Exception. The Board agreed that the proposed trap range was a 'recreational use'. The Copeechan Fish and Game Club (Club) has appealed an order of the Court of Common Pleas of Lehigh County affirming the denial by the Zoning Hearing Board of North Whitehall Township (Board) of the Club's application for a special use exception.The court below did not decide this question because it sufficed that the Club lost on the issue of health and safety. The Club says that nuisance principles have no place in zoning and that a use permitted by a Zoning Ordinance may not be forbidden by a Zoning Board because the Board believes that it will be a nuisance to neighbors. ![]() ![]() The Zoning Hearing Board, in addition to declaring that the proposed trap shooting range would adversely affect the health and safety of the community, also determined that it would be a nuisance because the noise would cause annoyance and discomfort to the neighbors in the legitimate enjoyment of the reasonable use of their properties. A section of the North Whitehall Township Zoning Ordinance provides that no special exception for hunting, fishing, gunning or other similar recreational purposes should be allowed as a special exception unless the Zoning Hearing Board determines that such use will not create a nuisance or hazard to adjoining properties.Once an applicant for a special exception under a zoning ordinance proves that the proposed use is one permitted as a special exception, the burden falls upon a protestant to prove that the requested use would constitute a detriment to public health, safety or welfare. ![]()
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