Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of George T. Kenny, Receiver for Allstate Bond and Mortgage Company and Philadelphia Outdoor v. Zoning Board of Adjustment of the City of Philadelphia, No. 2573 January Term, 1978.
Benjamin Paul, for appellant.
Joseph P. Ryan, Assistant City Solicitor, with him James M. Penny, Jr., Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.
Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Rogers.
[ 42 Pa. Commw. Page 520]
The appellants in this zoning case, Allstate Bond and Mortgage Co. and Philadelphia Outdoor, a business enterprise of uncertain nature, are, respectively, the owner and lessee of a parcel of ground on the north side of the Schuylkill River in the Manayunk
[ 42 Pa. Commw. Page 521]
section of Philadelphia. The Schuylkill Expressway runs along the south bank of the river. Philadelphia Outdoor, which is in the outdoor advertising business, rented Allstate's land for the purpose of erecting a V-shaped, double-faced, free standing advertising sign, each face twenty feet by seventy feet, with the bottom to be elevated one hundred feet from ground level. The appellants applied for and received a building permit from the city's Department of Licenses and Inspection. Philadelphia Outdoor had spent $7200 for partial construction of the sign when the Manayunk Neighborhood Council filed an appeal from the issuance of the permit with the Philadelphia Zoning Board of Adjustment.
The pertinent provision of the Philadelphia Zoning Ordinance is Subsection 14-1604(2)(a), which reads as follows:
(2) Outdoor Advertising Controls.
(a) Within 660 feet of the outward edge of the right-of-way lines of . . . the Schuylkill Expressway . . ., outdoor advertising signs and non-accessory advertising signs shall be permitted as follows:
(.1) Spacing Requirements. Outdoor advertising signs and non-accessory signs shall not be permitted within 500 feet of any other outdoor advertising sign, including existing non-conforming signs on the same side of the right-of-way line and facing in the same direction of any of these limited access highways, bridges, or bridge approachways; provided, that this spacing requirement shall not apply to on-premise or accessory signs, public service signs, highway directional signs, or any outdoor ...