SPC Co., Inc. v. Zoning Board of Adjustment of the City of Philadelphia

Order granting permission to plaintiffs to erect an outdoor advertising sign reversed because its placement would have violated the Zoning Code by being within 660 feet of a bridge, under the plain, ordinary meaning of the term "bridge;" plaintiffs failed to establish that they were entitled to a use variance because they could not demonstrate they would suffer unnecessary hardship if they were not allowed to erect the sign.

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Argued: March 7, 2001

The Pennsylvania Horticultural Society, et al. (Appellants) appeal from a decision of the Court of Common Pleas of Philadelphia County (trial court). The trial court reversed a decision of the Zoning Board of Adjustment of the City of Philadelphia (Zoning Board) that denied a zoning permit request submitted by SPC Company, Inc. (SPC) and Eller Media, Inc. (Eller Media) (collectively, Appellees) for the purpose of seeking permission to erect an outdoor advertising sign. We reverse.

On June 23, 1999, SPC filed an Application for a Zoning Permit and/or Use Registration Permit (Zoning Permit) with the Philadelphia Department of Licenses and Inspections (Department) requesting permission to erect one free- standing, double-face, illuminated, non-accessory outdoor advertising sign on its property. *fn1 (Supplemental Reproduced Record (S.R.R.) at 0001). *fn2 SPC operates a metal scrap yard on its property, which is located at 2600 Penrose Ferry Avenue (Penrose Avenue) in Philadelphia and is zoned LR (least restrictive) Industrial. The George C. Platt Memorial Bridge (Platt Bridge) is west of SPC’s property. On June 29, 1997, the Department determined that the proposed sign would be in violation of Section 14-1604(9)(a) of the Philadelphia Zoning Code (Code), which prohibits outdoor advertising signs “[w]ithin 660 feet of all the bridges over the Schuylkill River from the Girard Point Bridge northwesterly to the Belmont Avenue bridge.” (Appellees’ Brief, Exhibit 1). Because the Platt Bridge is located in the area covered by Section 14-1604(9)(a), the Department issued a Notice of Refusal of Permit. (S.R.R. at 0003). Thereafter, Appellees filed a Petition of Appeal with the Zoning Board. (S.R.R. at 0004).

SPC Co., Inc. v. Zoning Board of Adjustment of the City of Philadelphia

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