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COMMONWEALTH PENNSYLVANIA v. RICHARD LANG (06/13/77)

decided: June 13, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD LANG, PRESIDENT OF CAVEL CORPORATION, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Richard Lang, President of Cavel Corporation, No. SA 263 of 1976.

COUNSEL

Jay D. Glasser, with him T. Lawrence Palmer, and Hollinshead and Mendelson, for appellant.

Richard L. Welch, with him Larry P. Gaitens and Lucchino, Gaitens & Hough, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr. and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 30 Pa. Commw. Page 508]

The issue presented in this case is whether the Allegheny County Court of Common Pleas erred in upholding appellant's summary conviction and fine for violation of a municipal ordinance prohibiting business signs advertising "off-site" commercial activities. We affirm.

Appellant is the owner of premises adjacent to a highly-travelled parkway in Allegheny County. On

[ 30 Pa. Commw. Page 509]

March 13, 1974, appellant applied for a municipal building permit to construct a two-story concrete structure on the property, the front and rear to be 17' and 2' respectively and the sides, which would face opposite sides of the parkway, to be 48'. On the same day, appellant applied for a sign permit "to advertise building and office for rent on premise and land development. Future tenant to utilize as on premise business sign." Both the building and sign permits were granted, the latter pursuant to the local zoning ordinance which reads in relevant part as follows:

307 Signs: No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.

307.4 Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the following requirements.

307.4(a) Signs shall not contain information or advertising for any product not sold on the premises.

307.4(b) Signs shall not have a combined aggregate surface size greater than five square feet for each foot of frontage of the ...


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