Zoning — Special exception — Burden of proof — Public welfare.
The court affirmed the order below on the opinion of the lower court, LOWE, J. which was substantially as follows:
1. A special exception to a zoning ordinance is a permitted use, and once an applicant therefor establishes that the proposed use falls within such exception, the burden is upon a protestant to prove that such use would adversely affect public health, safety and morals. [207]
OPINION BY JUDGE MENCER, December 5, 1975:
Hatfield Township has appealed from an order of the Court of Common Pleas of Montgomery County sustaining the appeal of Dante Iacampo from a decision of the Zoning Hearing Board of Hatfield Township (Board) denying him a special exception. The trial court directed the issuance of a special exception to Dante Iacampo and remanded the matter to the Board for the imposition of reasonable restrictions.
Following our careful review of the record in this case, we affirm the order of the Court of Common Pleas of Montgomery County on the able opinion of Judge LOWE which is reported at 99 Montg. Co. L. R. 338 (1975)