Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Rollins Outdoor Advertising Co. v. Zoning Board of Adjustment, No. 1868, October Term, 1981.
John F. Raimondi, for appellant.
Claudia M. Becker, Chief Assistant City Solicitor, for appellee.
President Judge Crumlish, Jr., Judge Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barry. President Judge Crumlish, Jr., dissents.
[ 108 Pa. Commw. Page 278]
This is an appeal by Rollins Outdoor Advertising, Inc. (Rollins), from an order of the Court of Common Pleas of Philadelphia County affirming the Zoning Board of Adjustment of the City of Philadelphia (Board) which denied Rollins' application for a variance. We affirm.
In April, 1980, Rollins applied to the Department of Licenses and Inspections (Department) for a building permit to erect a free-standing, back to back, decked, general advertising sign on property which it leased located in a "C-2" Commercial Zone. The plans submitted by Rollins showed that the sign would conform with the zoning code. The permit was granted and the sign was erected. However, upon subsequent inspection the Department
[ 108 Pa. Commw. Page 279]
found the structure to be in violation of zoning and use restrictions as follows: 1) the sign was forty-three feet (43') high in violation of Section 14-303(2)(r)(.5) of the Philadelphia Zoning Code*fn1 which limits free standing signs to thirty-five feet (35'); and 2) the sign was seventy-three feet (73') from a residential district in violation of Section 14-303(2)(r)(.3) of the Philadelphia Zoning Code*fn2 which requires that such signs shall not be erected within seventy-five feet (75') of residentially-zoned property.
Accordingly, in acting on Rollins' "Application for Zoning and/or Use Registration Permit," the Department issued both a use refusal and a zoning refusal. Rollins appealed the Department's refusals to the Board requesting a variance.
A public hearing was held on August 25, 1981, at which testimony was taken from both proponents and opponents of the sign. The Board denied Rollins' request for a variance from which decision Rollins appealed to the Court of Common Pleas of Philadelphia.
By consent decree dated November 10, 1981, Rollins agreed to correct the height violation. The height violation was ...