Noted comedian Robert Schimmel has been admitted to a hospital as he faces serious injuries after a car accident. He was travelling with his son and daughter in Arizona when the fatal accident occurred. Media reports have confirmed that at the time of accident, Schimmel’s 19 year old daughter was driving. She saw an accident in the lane in which she was driving and hence she was trying to avoid that spot and this made her car roll over to the side of the freeway.
Schimmel has been very unfortunate with health circumstances way back to 1998 when he had a severe heart attack. In the year 2000, he announced that he was suffering from Non Hogkin lymphoma. During the beginning of the current year, he said that he is suffering from cirrhosis due to Hepatitis C infection that caused from a blood transfusion. And this time, it is a fatal car accident that has really made his condition critical.

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Robert Schimmel

Robert Schimmel is more than just a comedian. The guy who brings smile on everyone?s faces with his extremely good sense of humor has himself had a very tough life. Robert Schimmel is the headliner and he’s hilarious. Robert Schimmel is reported to be in a seriously bad shape after being in a car accident when his 19 year old daughter driving and tried to avoid another accident, causing there own. His daughter is still in the hospital, but is expected to make a full recovery.

Humor is what got him through the tough spots. He’d joke with his parents, Otto and Betty, to keep their spirits up. Humor is a tool that Schimmel has wielded with a vengeance, to great effect. First, he used it to get himself through his ordeal.

Robert Schimmel doesn’t seem to care what the critics think about his show, and his nonchalance has drawn in numerous fans. Some people seem to be born to do standup, and Schimmel is one of those individuals. Robert Schimmel has entertained audiences across the country.

Robert Schimmel, 59, is known for his naughty humor and his battle with non-Hodgkin’s lymphoma, which he wrote about in his new book, “Cancer on $5 a Day.”

Do you like Robert Schimmel as a comedian?

Choose Yes or No below to have a chance to win a Free $100 Gift Certificate to Kohls:

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Published: Monday, August 30, 2010, 2:14 PM     Updated: Monday, August 30, 2010, 3:18 PM

Mad Men’s Christina Hendricks had a difficult time finding a designer who would dress her for the Emmys. According to the New York Daily News, her 39D-30-39 figure has been a challenge in Hollywood. Eventually, she settled for a Zac Posen gown for Sunday’s ceremony.

Paris Hilton is facing felony charges for her weekend arrest. People magazine reports that Las Vegas police found .8 grams of cocaine in her purse – enough for a four year prison sentence if she is convicted.

Comedian Robert Schimmel was in a car accident on Thursday. According to Entertainment Weekly, he is listed in serious condition. The car, driven by Schimmel’s daughter, rolled onto the side of the road. Police believe that she swerved to avoid an accident. The comedian is best known for his work on the Howard Stern show.

NBC’s “Saturday Night Live” will have some new faces added to the cast for next season. Taran Killam, Paul Brittain and Vanessa Bayer have signed on with the show, according to the New York Post. Brittain and Bayer are Chicago-based comedians. Killam is known for his work on “Scrubs.”

Will Forte has announced he is leaving “Saturday Night Live.” Seth Meyers, Andy Samberg, Jason Sudeikis and Kenan Thompson have not yet commented on their status with the show.

Musician Slash has filed for divorce from wife, Perla Ferrar. TMZ notes that there is no prenup agreement. Slash is asking for joint custody of the couple’s two children. They were married for nine years.

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Robert Schimmel is in serious condition, Entertainment Weekly reports.

The comedian was listed as being in very serious condition Monday morning following his involvement in a serious car crash on Thursday. The accident happened on an Arizona freeway and Schimmel’s 19-year-old daughter was driving at the time. The accident occurred when she swerved to avoid an accident in her lane causing their vehicle to roll over.

The site reports that Schimmel’s daughter is in stable condition and Schimmel’s 11-year-old son—who was also a passenger in the car—was released without Thursday without any serious injuries.

Read more about Robert Schimmel here.

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DUBH LINN COMEDY LIVE!, starring Jon Ueberroth & Larry XL. Show with pre-show pub dinner: $18. Show only: $10. Jon Ueberroths normal childhood has left him totally unprepared for this crazy, dysfunctional adult world, and he has taken the stage with such comedic greats as Dave Attel, Robert Schimmel, and Kevin James to talk about it. Larry XLs insightful brand of comedy skewers anything and everything that happens to wander into his sights.

Admission Information: 10

Location:
Dubh Linn Irish Pub
109 W Superior St
Duluth, MN 55802

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O comediante norte-americano Robert Schimmel, 60 anos, sofreu um grave acidente no Arizona, na quinta-feira (27), e seu estado é crítico, segundo informa o site TMZ.

Schimmel estava no banco do passageiro do carro dirigido por sua filha de 19 anos, quando o veículo saiu da pista e capotou. A moça e o filho de 11 anos do comediante, que também estava no carro, ficaram feridos, mas passam bem.

O comediante é conhecido por suas aparições em programas da HBO e no The Howard Stern Show, um talk show que também pode ser ouvido via rádio, apresentado por Howard Stern.

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: Paul Callahan (third season)

Looking back on ‘09: The Panthers placed sixth at the Big Nine Conference championships in Owatonna, placing two runners in the top 30 — juniors Nate Larson (25th place) and Jason Stevens (28th). Just one senior was in the six-runner varsity lineup, Mike Kelly, who placed 53rd at the Big Nine meet. Freshman Graham Massot was a solid member of the varsity lineup. He finished 43rd in the conference, the third-best Panther runner. Century followed a solid conference meet with a strong effort at the Section 1AA meet, where it placed seventh, just behind Rochester Mayo. Larson improved his time and place (22nd) at the section meet, while Stevens finished 32nd in the section, Massot was 38th and Paul Hale 40th.

Outlook for ‘10: Coach Callahan is expecting big things from this year’s team, including contending for the Big Nine Conference championship. Seniors Stevens, Mark Hopper and Aaron Weckwerth will serve as team captains, while Larson, Hale, Massot, senior Jacob Goetz and sophomore Micah Nelson are all expected to contribute to the varsity. Callahan said Larson had a good summer of training and has high personal expectations. Hale has the fastest personal record time of any returning Panther and could be a strong contender for a spot in the state meet. Callahan said Stevens is the team’s most improved top runner after a strong summer of work. Massot, just a sophomore, could not only be one of the team’s top runners, but could have his eyes on some school records, held by Ben Puhl, who ran for the Gophers from 2004-08.

Coach says: “Our team is gearing up for a fantastic season with a strong senior core in our varsity and some extremely fast younger athletes. I am anticipating the best team that Century has seen and hopefully topping the year off with a conference championship.”

ROSTER

Seniors — Benjamin Bosch, Jacob Goetz, Mark Hopper, Cody Johnson, Nathan Larson, Paul Leichty, Joseph Manulik, Jeffrey McGee, Mason Schweyen, Jason Stevens, Aaron Weckwerth. Juniors — Kirk Busche, Paul Hale, Jonathan St. Peter. Sophomores — Michael Adkins, Noah Hickey, Nick Johnson, William Kolb, Justin Kotajarvi, Joseph Mandelko, Graham Massot, Micah Nelson, Sam Prosser. Freshmen — Phillip Beck, Benjamin Farley, Jonathan Harris, Evan Powell. Eighth-graders — Sam Rotty. Seventh-graders — Seth Massot.

SCHEDULE

Sept. 3 — at Northfield Invitational (10 a.m.)

Sept. 10 — at Faribault Invitational (4 p.m.)

Sept. 16 — at Mayo Invitational (4 p.m.; Eastwood G.C.)

Sept. 25 — at University of Minnesota Invitational (TBD)

Sept. 30 — at Burnsville Invitational (TBD)

Oct. 7 — at Owatonna Invitational (5:30 p.m.)

Oct. 14 — Rochester Century Invitational (4 p.m.)

Oct. 19 — Big Nine Conference championships, at Owatonna (4:30 p.m.)

Oct. 28 — Section 1AA championships, at Owatonna (3 p.m.)

Nov. 6 — State Class AA championships, at Northfield

• • • • •

JM ROCKETS

Head coach: Colette Diedrich

Looking back on ‘09: Four Rockets placed in the top 50 at the Big Nine Conference championships, where the Rockets placed eighth, just three points out of sixth place. Six of the Rockets’ seven varsity runners at the conference meet were underclassmen, including their top four finishers. Sophomore Josh Frei led the way at the Big Nine championships, placing 22nd. JM finished 12th at the Section 1AA meet. Frei was the team’s top runner again, narrowly missing a state meet berth. He placed 13th in the section, improving his place and time from the conference meet. Frei was just 7.2 seconds back from the final state meet qualifier.

Outlook for ‘10: Even with just a slight improvement, Frei, a junior, could find himself running in the Class AA state meet on the first weekend of November. With his strong work ethic, though, Frei could not only reach the state meet, but he could contend for championships in the Big Nine Conference and Section 1AA. Five of the 12 runners who finished ahead of Frei at the section meet last season were seniors. Max Dylla and Andrew Petengill will provide veteran depth at the top of the Rockets varsity lineup. They were the Rockets’ second and third-best runners, respectively, at the section meet last season. Two other runners who competed with the varsity in the section meet — sophomores Janek Walker and Tim Lindquist — are also back.

ROSTER

Seniors — Max Dylla, Casey Giordano, Andrew Pettengill. Juniors — Bishoy Barsoum, Bryan Kotschevar, Josh Frei, Josh Rackham, Rahul Makherjee, Riley Amy, Theodore Folkerts. Sophomores — Anthony Latwesen, Brennan Makayle, Connor Smith, Dean Allen, Isaac Levorson, Janek Walker, John Arachtingi, Larsen Orchard, Max Kazemba, Sam Bellows, Tim Lindquist, Tim Moore. Freshmen — Andrew Moore, Nick Oldenburg, Richard Trantow,

SCHEDULE

Aug. 31 — at Austin Packers Invitational (4:30 p.m.)

Sept. 9 — at Hayfield Invitational (4:30 p.m.)

Sept. 11 — at Luther College All-America meet; Coe, Iowa (10:45 a.m.)

Sept. 16 — at Rochester Mayo Invitational (4 p.m., Eastwood G.C.)

Sept. 25 — at Winona Invitational (3:30 p.m.)

Sept. 28 — at Mankato West Invitational (4:30 p.m.)

Oct. 7 — at Owatonna, Ev Berg Invitational (4 p.m.)

Oct. 14 — Rochester Century Invitational (4:15 p.m.)

Oct. 19 — Big Nine Conference meet, at Owatonna (4:30 p.m.)

Oct. 28 — Section 1AA meet, at Owatonna (3:15 p.m.)

Nov. 6 — Class AA state meet, at Northfield (TBD)

• • • • •

LOURDES EAGLES

Head coach: Myron Glass.

Assistant: Katie Stinson.

Looking back on ‘09: The Eagles had two runners advance to the state meet after strong efforts at the Section 1A meet. Senior Tommy Carr and eighth-grader Ian Torchia each qualified for the state Class A meet. Carr placed fourth in the section (79th at state), while Torchia was sixth in the section and 112th out of 160 runners at state. The Eagles had an experienced varsity lineup, with seniors filling four of the seven spots.

Outlook for ‘10: The Eagles will be a young squad, with no seniors and just three juniors (Nate Kennedy, Will Morice and Erickson Godi). Some talented young runners will battle for varsity spots. Freshman Ian Torchia qualified for the state meet last season as an eighth-grader, while fellow ninth-grader Ian McMeeking was a varsity regular all season. McMeeking and Kennedy both ran in the varsity lineup at the Section 1A meet last season, along with Torchia and four seniors.

ROSTER

Juniors — Erickson Godi, Nate Kennedy, Will Morice. Sophomores — Michael Dearani, Ryan Fallon, Tandros Deng, Kyle Matthees, Ethan Plager, Nick Steichen. Freshmen — Ian McMeeking, Ian Torchia. Eighth-grader — Peter Luetmer. Seventh-graders — Andrew Schuyen.

SCHEDULE

Aug. 31 — at Austin Packers Invitational (4:30 p.m.)

Sept. 10 — at Faribault Invitational (4 p.m.)

Sept. 16 — at Mayo Invitational (4 p.m., Eastwood G.C.)

Sept. 23 — at Pine Island Invitational (4:30 p.m.)

Sept. 25 — at U of M Invitational (2 p.m., Les Bolstad G.C.)

Sept. 30 — at Zumbrota-Mazeppa Invitational (4 p.m., Zumbrota G.C.)

Oct. 7 — at Lewiston-Altura Invitational (4:15 p.m.)

Oct. 12 — at P-E-M Invitational (4:30 p.m.)

Oct. 20 — Hiawatha Valley League meet (4:30 p.m., Pine Island G.C.)

Oct. 28 — Section 1A meet (4 p.m., Northern Hills G.C., Rochester)

Nov. 6 — State Class A meet (TBD, St. Olaf College, Northfield)

* * * * * * * * * *

MAYO SPARTANS

Head coach: Brett Carroll (sixth season).

Assistant: Matt Wittman. Volunteer assistants: Larisa Hill, Brendan Sherman.

Looking back on ‘09: Then-sophomore Riley Macon was among the runners to beat in the Big Nine Conference and Section 1AA. Macon placed 59th out of 160 runners at the Class AA state meet. He also finished third at the Section 1AA meet and second at the Big Nine meet, behind only Jon-Michael Brandt of Winona. Macon was the lone Rochester boy to qualify for the AA state meet. Mayo placed sixth in the section as a team, with three sophomores, two juniors and a freshman leading the way. Four of the Spartans’ five scorers at the Big Nine Conference championships placed in the top 25, and their fifth scorer, freshman Hunter Glynn, placed 26th. Mayo had 80 points at the Big Nine championships, finishing behind only Mankato East (43) and Owatonna (56).

Outlook for ‘10: The Spartans’ top six runners from last year’s Big Nine Conference and Section 1AA meets are back, which should make the Spartans a top contender for a top-two finish in the conference and the section, which would earn them a trip to the state meet. Macon has state meet experience and hopes to bring his teammates with him to Northfield in late November this season. Other returning varsity runners are Glynn, Steven Schimmel, Billy Schimmel, Michael Glaser and Luke Kruger. Mayo has at least seven other runners who could crack the varsity lineup for at least one race this season, including Clare Brandt, Ryan Pewowaruk, Brian Cragi, Tom Sorenson, Eric Karsten, Tom Shellum and Ben Cole. Mayo has 61 boys out for cross country, the most ever (the previous high was 54 in 2007).

Coach says: “We’re much improved from last year and they have done the work that they needed to over the summer. I see us as the favorite to win the all-city meet for the third year in a row. The biggest thing with this year’s group is to try and hold them back as they have the tendency to train hard everyday. In distance running you need to have the easy days and days off so you can allow your body to recover.”

ROSTER

Seniors — Brian Craig, Brent Grimm, Andrew Johnson, William Schimmel, Vincent Ruedinger, Samuel Russell, David Scott, Thomas Shellum, Josh Thomas, John Woog. Juniors — Clare Brandt, Luke Bower, David Butler, David Chaffee, Jason Fink, Michael Glaser, Nicholas Johnson, Luke Kruger, Riley Macon, Steven Schimmel, Thomas Sorenson, Patrick Stupca, Nicolas Tremain. Sophomores — David Campeau, Benjamin Cole, Joseph Dietz, Carter Evans, Hunter Glynn, Eric Karsten, Devin Kaselnak, Zach Klein, Tim Louwagie, Ryan Pewowaruk, Rushil Patel, Peter Schurhammer, Brad Thomas. Freshmen — Prescott Atkinson, Burlyn Barnes, Ryan Blais, Michael Bower, Campbell McClees, Sam Monahan, Mark Mueller, Noah Noska, Robert Rosen, David Sorenson, Andrew Stroebel, Nathan Vererke, Alec Werning. Eighth-graders — Sam Barsness, Isaac Fritz, Sam Goblirsch, Robert McBane, Rowan Rouillard, Gavin Sparks. Seventh-graders — Chad Couser.

SCHEDULE

Aug. 26 — at River Falls Invitational (4 p.m.)

Sept. 3 — at Rosemount Invitational (9 a.m.)

Sept. 10 — at Faribault Invitational (4 p.m.)

Sept. 16 — Mayo Invitational (4 p.m., Eastwood G.C.)

Sept. 25 — at Jim Flim Invitational, Winona (10 a.m.)

Sept. 30 — at Burnsville Invitational (TBD)

Oct. 7 — at Ev Berg Invitational, Owatonna (4 p.m.)

Oct. 14 — at Rochester Century Invitational (4 p.m.)

Oct. 19 — at Big Nine Conference meet, Owatonna (4:30 p.m.

Oct. 28 — at Section 1AA meet, Owatonna (3 p.m.)

Nov. 6 — at State Class AA meet, Northfield (TBD)

* * * * * * * * * *

SCHAEFFER ACADEMY LIONS

Head coach: Abel Dockter.

Looking back on ‘09: Schaeffer Academy had just two boys runners compete at the varsity level at the Section 1A meet, Joey Furst and Jordan Whitcomb. Furst was a senior, finishing his varsity career by placing 97th out of 135 runners in the section. Whitcomb was just a freshman.

Outlook for ‘10: Whitcomb is back after gaining valuable experience a year ago, but it appears the Lions will not be able to field a full five-runner varsity lineup this season. Whitcomb is one of just three runners on the Lions’ varsity roster and, as a sophomore, is the elder statesman of the group. The Lions’ two new varsity runners this season are freshmen Josiah Bell and Ezra Geda. Seventh-grader Reed Peterson is also listed on the team’s roster, though not under the varsity section.

ROSTER

Sophomore — Jordan Whitcomb. Freshmen — Josiah Bell, Ezra Geda. Seventh-grader — Reed Peterson.

SCHEDULE

Sept. 2 — at Stewartville Invitational (4 p.m.)

Sept. 16 — at Rochester Mayo Invitational, Eastwood G.C. (4 p.m.)

Sept. 21 — at Lake City Invitational (4:30 p.m.)

Oct. 6 — at Trinity School Invitational (4 p.m.)

Oct. 14 — at Rochester Century Invitational (4 p.m.)

Oct. 28 — at Section 1A meet, Northern Hills G.C. (4 p.m.)

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HAAS v. TURBOT TOWNSHIP ZONING HEARING BOARD

Sylvia Haas; Keith and Lisa Kurtz, Husband and Wife; Robert and Helen Black, Husband and Wife; William and Marybeth Brennan, Husband and Wife; Terry Bennett; Dean and Marie Huntington; Husband and Wife; Cecil and Leslie Fisher, Husband and Wife; Deborah Jumbelic; Theodore and Trudy Baker, Husband and Wife; Timothy and Rhonda Gilliam, Husband and Wife; and Nicholas and Patricia Tamburri, Husband and Wife, Appellants,
v.
Turbot Township Zoning Hearing Board.
v.
Turbot Township; and Dr. Glen Feltham.

No. 1710 C.D. 2009.

Commonwealth Court of Pennsylvania.

Argued: June 21, 2010.

Filed: August 24, 2010

BEFORE: McGINLEY, Judge; SIMPSON, Judge; FRIEDMAN, Senior Judge.

OPINION NOT REPORTED

MEMORANDUM OPINION BY SENIOR JUDGE FRIEDMAN

Sylvia Haas, Keith and Lisa Kurtz, Robert and Helen Black, William and Marybeth Brennan, Terry Bennett, Dean and Marie Huntington, Cecil and Leslie Fisher, Deborah Jumbelic, Theodore and Trudy Baker, Timothy and Rhonda Gilliam, and Nicholas and Patricia Tamburri (collectively, Homeowners) appeal from a July 27, 2009, order of the Northumberland County Court of Common Pleas (trial court) that affirmed the order of the Turbot Township Zoning Hearing Board (ZHB) granting a special exception for an indoor gymnasium to Dr. Glen Feltham. We affirm.^{[ 1 ]}

Homeowners reside in the Agricultural Residential (AR) District of Turbot Township (Township), Northumberland County, Pennsylvania. On June 2, 2008, Dr. Feltham, who also owns property in the AR District, filed a request for a special exception to construct and operate a gymnastics center as a new business on his property.^{[ 2 ]} Dr. Feltham proposed building a metal structure 250 feet wide by 125 feet deep by thirty-two feet high, containing approximately 32,000 square feet. The proposed facility would be open seven days per week from 8:00 a.m. to 9:00 p.m., with an anticipated fifty to sixty gymnasts and twenty to thirty cheerleaders using it on a daily basis. In the cover letter filed with his special exception request, Dr. Feltham characterized the proposed use as a “recreation/entertainment facility.”^{[ 3 ]} This use is included in the Township’s Schedule of Uses contained in Appendix D of the Township’s zoning ordinance (Ordinance), which specifically provides for a “recreation/entertainment facility” as a special exception in the AR District.

Thereafter, the ZHB held three public hearings regarding the requested special exception.^{[ 4 ]} During these hearings, testimony was presented, and the public had the opportunity to ask questions regarding the proposed use. At the close of the final hearing, the ZHB voted two-to-one in favor of granting Dr. Feltham’s special exception request without conditions and issued a written decision accordingly. In rendering its decision, the ZHB interpreted Article IV, section 4.1.B of the Ordinance together with Appendix D. In relevant part, Article IV, section 4.1.B of the Ordinance lists the uses permitted by special exception in an AR District as outdoor recreational facilities, “such as playgrounds, fishing and hunting clubs, golf clubs, golf driving ranges, ski lodges, tennis courts, boat clubs and similar activities….”^{[ 5 ]} The ZHB observed that an indoor gymnastics center is not one of the enumerated special exceptions in an AR District pursuant to Article IV, section 4.1.B of the Ordinance. However, the ZHB concluded that the Ordinance was ambiguous in this regard because the proposed use is a “recreation/entertainment facility” specifically permitted as a special exception under the Township’s Schedule of Uses set forth in Appendix D of the Ordinance. The ZHB reasoned that Appendix D is listed within the Ordinance’s Table of Contents and, thus, is incorporated into Article IV, section 4.1.B of the Ordinance relating to special exceptions in the AR District. Noting that Article IV, section 4.1.B contains no specific conditions pertaining to a recreation/entertainment facility, the ZHB imposed no restrictions on the grant of the special exception. In support of its result, the ZHB further noted that any ambiguity in an ordinance should be construed in favor of the landowner. Ligo v. Slippery Rock Township, 936 A.2d 1236 (Pa. Cmwlth. 2007).

On appeal, the trial court affirmed the ZHB’s decision, and Homeowners now appeal to this court.^{[ 6 ]}

Homeowners assert that, at its core, this appeal concerns whether the ZHB correctly determined that the coexistence of Article IV, section 4.1.B and Appendix D creates an ambiguity with regard to special exceptions in the AR District.^{[ 7 ]} According to Homeowners, the Ordinance is not ambiguous. The language of Article IV, section 4.1.B restricts uses permitted by special exception in the AR District as outdoor recreational facilities, and there is no question that an indoor gymnastics center is not included.

As for Appendix D, which provides for both “outdoor recreation” use and “recreation/entertainment facility” use by special exception in an AR District, Homeowners argue that Appendix D is merely “a helpful general reference tool,”^{[ 8 ]} not a controlling Ordinance provision, and, thus, does not create ambiguity. We are not persuaded by Homeowners’ argument.

Here, the ZHB specifically determined that Appendix D was incorporated into the Ordinance, as evidenced by its inclusion in the Ordinance’s Table of Contents. Such a determination is supported by case law interpreting appendices as part and parcel of the ordinances at issue therein. See Geiger v. Zoning Hearing Board, 510 Pa. 231, 507 A.2d 361 (1986); Glencrest Realty Company v. Zoning Hearing Board, 406 A.2d 836 (Pa. Cmwlth. 1979); Schimmel Development Corporation v. Zoning Hearing Board, 14 Pa. D. & C.4th 104 (1991). Further, the ZHB’s reasoning is particularly logical here, given the Ordinance’s own description of its contents. Specifically, Article I, section 1.2 of the Ordinance provides that the Township’s new comprehensive zoning plan “is set forth in the text and map form that constitute This Ordinance.”^{[ 9 ]} Because the zoning map, which is the only portion of the bound volume not contained in the Table of Contents, has been specifically incorporated by reference, it is reasonable to conclude that all other parts of the Ordinance in the Table of Contents form the Ordinance “text.”^{[ 10 ]}

Given our holding that the ZHB properly concluded Appendix D is part of the Ordinance, there can be no serious contention that the Ordinance unambiguously excludes an indoor gymnastics center from the uses allowed by special exception in an AR District.^{[ 11 ]} Rather, as has been set forth above, Appendix D specifically provides for a “recreation/entertainment facility” as a special exception in an AR District, and Article II, section 2.1 of the Ordinance defines a “recreation or entertainment facility” to include a gymnasium. A “gymnasium” is “a large room used for various indoor sports … and equipped with gymnastic apparatus” as well as “a building … containing appropriate space and equipment for various indoor sports activities….” WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY 1014 (1986). By contrast, Article IV, section 4.1.B does not list such a use as either permitted by right, conditional use or special exception. The law is clear that “[t]o the extent there is an ambiguity, a zoning ordinance is to be read `in favor of the landowner and against any implied extension of restrictions on the use of one’s property.’” Ligo, 936 A.2d at 1248 (quoting Adams Outdoor Advertising, LP v. Zoning Hearing Board, 909 A.2d 469, 484 (Pa. Cmwlth. 2006)) (emphasis in original).^{[ 12 ]} Accordingly, the ZHB did not err in construing the Ordinance in Dr. Feltham’s favor.

Alternatively, Homeowners argue that a remand is necessitated by the ZHB’s failure to apply conditions to the special exception granted here. However, as the ZHB found, Article IV, section 4.1.B “contains no specific conditions or requirements for a recreation/entertainment facility which includes a gymnastics center as proposed by applicant.” (ZHB’s op. at 10, Conclusions of Law, No. 6.) Therefore, there were no specifically stated standards or criteria that the ZHB was required to apply either under this section or under Article XV, section 15.6.B of the Ordinance generally relating to special exceptions.^{[ 13 ]}

Accordingly, we affirm.

ORDER

AND NOW, this 24th day of August,2010, the order of the Northumberland County Court of Common Pleas, dated July 27, 2009, is hereby affirmed.

3. Article II, Section 2.1 of the Township’s zoning ordinance (Ordinance) specifically defines a “Recreation or Entertainment Facility” as “[a] profit or non-profit business in which amusement, entertainment, cultural events, play or other exercise is offered or sold. Such facilities may include but not be limited to theaters, clubs, lodges, social halls, indoor skating rinks, gymnasiums, and exercise centers.” (Ordinance at II-23) (emphasis added). As found by the ZHB, the gymnasium Dr. Feltham seeks to construct clearly fits within this Ordinance definition.

5. (Ordinance at IV-2.) Further, an “outdoor recreation use” is defined in Article II, section 2.1 of the Ordinance as:

[p]ublic or private outdoor recreational uses and activities, including but not limited to: campgrounds; recreational vehicle parks; marinas; day camps; picnic grounds; golfcourses; boat launching and swimming areas; hiking, bike, and horseback riding trails, wildlife and nature preserves; game farms; fish hatcheries; trap and skeet ranges; and hunting and fishing areas.

(Ordinance at II-20.)

7. Homeowners synthesize this issue from six of the seven issues raised in the statement of the questions involved portion of their brief, which are as follows:

(a) Did the lower court err as a matter of law and/or otherwise abuse its discretion in finding the [Ordinance] “… ambiguous as it relates to special exceptions for an indoor gymnasium in the `AR’ District”; (b) Did the lower court err as a matter of law and/or otherwise abuse its discretion in determining “…that Appendix `D’ of the Ordinance is a condensed codification of the intention of the ordinance language itself and should be construed in a manner that will cure the blatant ambiguity between the two provisions of the Ordinance”; (c) Did the lower court err as a matter of law and/or otherwise abuse its discretion in finding “… Appendix `D’ to be more than merely instructive, but rather an integral provision of the Ordinance itself”; (d) Did the lower court err as a matter of law and/or otherwise abuse its discretion in affirming the decision of [the ZHB] to permit an indoor recreational facility in an AR District where the Ordinance only permits “outdoor recreational facilities” as expressly stated in Article IV, Section 4.1(B)(1) of the [Ordinance]; (e) Did the lower court err as a matter of law and/or otherwise abuse its discretion in affirming the decision of [the ZHB]; and (f) Did the lower court err as a matter of law and/or otherwise abuse its discretion in concluding there is an ambiguity in the Ordinance supportive of [the ZHB's] construction of said ordinance to the special exception at issue in this case.

(Homeowners’ brief at 4.)

13. Article XV, section 15.6.B provides in pertinent part:

The [ZHB] shall hear and decide requests for special exceptions in accordance with the standards and criteria set forth in This Ordinance. In granting a special exception, the [ZHB] may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of This Ordinance and of the PA. Municipalities Planning Code [Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §§ 10101-11202].

(Ordinance at XV-9) (emphasis added).

This copy provided by Leagle, Inc.

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