Opinion
Argued April 2, 1974
April 19, 1974.
Zoning — Unconstitutionality of ordinance — Minimum floor area requirements.
1. The fact that a zoning ordinance contains unconstitutional exclusionary features does not make proper minimum floor area requirements of the ordinance invalid.
Argued April 2, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.
Appeal, No. 1001 C.D. 1973, from the Order of the Court of Common Pleas of Bucks County in case of In Re: Appeal of The Harborgette Company, a Partnership, from the Findings of Fact and Order of the Zoning Hearing Board of Lower Makefield Township, No. 72-6062.
Application for building permit to Zoning Hearing Board of Lower Makefield Township. Application denied. Applicant appealed to the Court of Common Pleas of Bucks County. Denial affirmed. RUFE, III, J. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
This case was a "companion case" in the court below with Rickert Nurseries v. Lower Makefield Township Zoning Hearing Board, 24 Bucks Co. L. Rep. 201 (1973). In Rickert, the lower court directed the issuance of a building permit, holding that the zoning ordinance was unconstitutional under Girsh Appeal, 437 Pa. 237, 263 A.2d 395 (1970), for failure to provide for townhouses or attached two-story single-family dwellings anywhere in the Township. In Rickert, the applicant met all other requirements for the issuance of the building permit.
In this case, the lower court affirmed the Zoning Hearing Board's refusal of the permit because the appellant failed to meet the ordinance's minimum floor area requirements, as ably set forth in the opinion of Judge RUFE, as reported in 24 Bucks Co. L. Rep. 207 (1973), which we adopt.
Affirmed.