The case of Wilson v. Plumstead Township Zoning Hearing Board PICS Case No. 06-0168 (Pa. Commw. Feb. 3, 2006) Cohen-Jubelirer, J., Simpson, J., dissenting (20 pages), is a cautionary tale on why landowners should not downplay zoning restrictions encumbering their property prior purchase.
In Wilson, the landowner purchased a single-family residence located on the heavily traveled Route 611. The property was zoned as R-2 Residential. Under local zoning regulations, a R-2 Residential property could be used as a “home occupation” or, in other words, a use “conducted within an existing dwelling which is the bona fide residence of the principal practitioner.” Unlike an R-2 Residential property, zoning regulations designates a F-3 Professional office property as allowing landowners who do not reside on the property to maintain “business, professional or governmental offices other than [a medical or veterinary office].”
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