THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, FONTANA, RAFFERTY, EARLL, TARTAGLIONE, BOSCOLA AND M. WHITE, FEBRUARY 11, 2011

REFERRED TO LOCAL GOVERNMENT, FEBRUARY 11, 2011  

AN ACT

Amending the act of July 31, 1968 (P.L.805, No.247), entitled,

as amended, "An act to empower cities of the second class A,

and third class, boroughs, incorporated towns, townships of

the first and second classes including those within a county

of the second class and counties of the second through eighth

classes, individually or jointly, to plan their development

and to govern the same by zoning, subdivision and land

development ordinances, planned residential development and

other ordinances, by official maps, by the reservation of

certain land for future public purpose and by the acquisition

of such land; to promote the conservation of energy through

the use of planning practices and to promote the effective

utilization of renewable energy sources; providing for the

establishment of planning commissions, planning departments,

planning committees and zoning hearing boards, authorizing

them to charge fees, make inspections and hold public

hearings; providing for mediation; providing for transferable

development rights; providing for appropriations, appeals to

courts and penalties for violations; and repealing acts and

parts of acts," providing for compelled removal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, reenacted and

amended December 21, 1988 (P.L.1329, No.170), is amended by

adding a section to read:

Section 919.  Compelled Removal.--(a)  The following shall

apply in cases in which an outdoor advertising display is

lawfully placed on a lot:

(1)  If the land use ordinances in effect at the time an

outdoor advertising display is lawfully placed on a lot do

not require that the outdoor advertising display be removed

as a condition or prerequisite for concurrent use approval,

those ordinances, if not amended, shall not be subsequently

applied so as to require that the outdoor advertising display

be removed as a condition or prerequisite for concurrent use

approval.

(2)  If the land use ordinances or amendments adopted

after an outdoor advertising display has been lawfully placed

on a lot prohibit concurrent use approval, the outdoor

advertising display shall be deemed a preexisting

nonconforming use with regard to that prohibition and as

such, the municipality may not enforce a subsequently adopted

provision in the land use ordinance which would require that

the preexisting nonconforming outdoor advertising display be

removed as a condition or prerequisite to concurrent use

approval.

(3)  The protection afforded an outdoor advertising

display under paragraphs (1) and (2) shall not apply if the

requested permit, license or approval is for construction of

a building or structure which cannot be built without

physically removing the outdoor advertising display.

(b)  The term "concurrent use approval" as used in this

section shall mean the issuance or continuance of a permit,

license or other approval for a particular use, structure,

development or activity on the lot on which the outdoor

advertising display has been placed.

Section 2.  This act shall take effect in 60 days.