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BOROUGH DICKSON CITY v. PATRICK OUTDOOR MEDIA (08/06/85)

decided: August 6, 1985.

BOROUGH OF DICKSON CITY, APPELLANT
v.
PATRICK OUTDOOR MEDIA, INC., APPELLEE



Appeal from the Order of the Court of Common Pleas of Lackawanna County in case of Patrick Outdoor Media, Inc. v. Borough of Dickson City, No. 83 Civil 372.

COUNSEL

John P. Pesota, for appellant.

James J. Gillotti, Houlihan & Weinschenk, for appellee.

Judges Craig and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins. Dissenting Opinion by Senior Judge Kalish.

Author: Colins

[ 90 Pa. Commw. Page 629]

In this appeal, we must decide whether the Borough of Dickson City (Borough) may prohibit the erection of "off-site" advertising billboards throughout the entire Borough and limit the size of advertising signs to one hundred square feet.

The matter sub judice stems from a controversy involving the Borough's zoning ordinance. The pertinent sections are as follows:

5.850 Signs

Signs may be erected and maintained only when in compliance with the following provisions:

5.852 Signs in "C" and "M" Districts.

Business signs shall be permitted as follows:

(a) Size of Signs. No sign shall have a gross surface of more than one hundred square feet in any "C" District or more than one hundred and fifty square feet in any "M" District.

11.143 Sign, Business.

A "business sign" is a sign which directs attention to a business or ...


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