PENNSYLVANIA ZONING LAW AND PRACTICE Two-Volume Set Available for purchase HERE or at 800-247-3526.
Exclusionary Zoning. In Lamar Advertising of Penn, LLC v. Southmont Borough Zoning Hearing Board and Borough of Southmont, decided on December 12, 2017, an outdoor advertising company succeeded in obtaining a permit to erect two billboards, back to back, in a case finding that the zoning ordinance was de jure exclusionary (which it very obviously was). More significantly, the Commonwealth Court upheld the trial court remedy allowing a single standard size 300 square-foot LED sign and a variance from the ordinance sign height limitation due to the sign's placement on a descending slope from the road. The trial court only allowed a smaller static sign on the opposite side due, apparently, to testimony regarding the proximity of residences.