Restrictive Zoning Ordinances Questioned

In Keener v. Rapho Tp. Zoning Hearing Bd., No. 2306 C.D. 2012, July 31, 2013, the Pennsylvania Commonwealth Court held that Rapho Township's Zoning Ordinance (the Ordinance) improperly restricted a permitted use in the Agricultural Zoning District without substantial relation to the health, safety and welfare of the community.  Consequently, the Court remanded the case to the Rapho Township Zoning Hearing Board (the ZHB) to reconsider the appellant's application for special exception.  

Factual Background  

James C. Keener (Keener) owned a 130-acre parcel situated in the Agricultural Zoning District which was primarily used as an active farm.  Keener submitted a special exception application (the Application), to use the existing structures on the property, including an 18th Century Bank Barn and a farmhouse, as a banquet hall, as well as to use the property as a whole for farm tours and guided walking and riding tours, among other things (the Proposed Use).  In