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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EMRICK, AUMENT, BOYD, BRENNAN, COX, CUTLER, DUNBAR, EVANKOVICH, GILLEN, HARHART, HEFFLEY, HICKERNELL, LAWRENCE, MALONEY, OBERLANDER, PEIFER, PICKETT, ROCK, SCAVELLO AND STERN, JUNE 24, 2011 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 24, 2011 |
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| AN ACT |
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1 | Amending the act of July 31, 1968 (P.L.805, No.247), entitled, |
2 | as amended, "An act to empower cities of the second class A, |
3 | and third class, boroughs, incorporated towns, townships of |
4 | the first and second classes including those within a county |
5 | of the second class and counties of the second through eighth |
6 | classes, individually or jointly, to plan their development |
7 | and to govern the same by zoning, subdivision and land |
8 | development ordinances, planned residential development and |
9 | other ordinances, by official maps, by the reservation of |
10 | certain land for future public purpose and by the acquisition |
11 | of such land; to promote the conservation of energy through |
12 | the use of planning practices and to promote the effective |
13 | utilization of renewable energy sources; providing for the |
14 | establishment of planning commissions, planning departments, |
15 | planning committees and zoning hearing boards, authorizing |
16 | them to charge fees, make inspections and hold public |
17 | hearings; providing for mediation; providing for transferable |
18 | development rights; providing for appropriations, appeals to |
19 | courts and penalties for violations; and repealing acts and |
20 | parts of acts," in zoning hearing board and other |
21 | administrative proceedings, providing for compelled removal |
22 | of outdoor advertising displays. |
23 | The General Assembly of the Commonwealth of Pennsylvania |
24 | hereby enacts as follows: |
25 | Section 1. The act of July 31, 1968 (P.L.805, No.247), known |
26 | as the Pennsylvania Municipalities Planning Code, reenacted and |
27 | amended December 21, 1988 (P.L.1329, No.170), is amended by |
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1 | adding a section to read: |
2 | Section 919. Compelled Removal of Outdoor Advertising |
3 | Displays.--(a) The following shall apply in cases in which an |
4 | outdoor advertising display is lawfully placed on a lot: |
5 | (1) If the land use ordinances in effect at the time an |
6 | outdoor advertising display is lawfully placed on a lot do |
7 | not require that the outdoor advertising display be removed |
8 | as a condition or prerequisite for concurrent use approval, |
9 | those ordinances, if not amended, shall not be subsequently |
10 | applied so as to require that the outdoor advertising display |
11 | be removed as a condition or prerequisite for concurrent use |
12 | approval. |
13 | (2) If the land use ordinances or amendments adopted |
14 | after an outdoor advertising display has been lawfully placed |
15 | on a lot prohibit concurrent use approval, the outdoor |
16 | advertising display shall be deemed a preexisting |
17 | nonconforming use with regard to that prohibition and as |
18 | such, the municipality may not enforce a subsequently adopted |
19 | provision in the land use ordinance which would require that |
20 | the preexisting nonconforming outdoor advertising display be |
21 | removed as a condition or prerequisite to concurrent use |
22 | approval. |
23 | (3) The protection afforded an outdoor advertising |
24 | display under paragraphs (1) and (2) shall not apply if the |
25 | requested permit, license or approval is for construction of |
26 | a building or structure which cannot be built without |
27 | physically removing the outdoor advertising display. |
28 | (b) The term "concurrent use approval" as used in this |
29 | section shall mean the issuance or continuance of a permit, |
30 | license or other approval for a particular use, structure, |
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1 | development or activity on the lot on which the outdoor |
2 | advertising display has been placed. |
3 | Section 2. This act shall take effect in 60 days. |
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