Judge OKs Cressona billboard

Cressona, PA must allow a Reading company to construct an advertising billboard in the borough, a Schuylkill County judge ruled Tuesday.

The borough zoning hearing board both exceeded its powers and acted improperly in barring Lamar Advertising of Penn LLC from building the billboard at 14 Pottsville St., Judge John E. Domalakes ruled in a five-page opinion and order.“The (board) exceeded the scope of its authority in denying (Lamar) its special permit when (Lamar) proved, to the satisfaction of the (board), that its proposed use complied with all relevant regulations,” Domalakes wrote.Domalakes’ ruling means Lamar can construct the 247-square-foot billboard at the property it is renting from Jean Biertempfel.It also overturns the board’s Aug. 25, 2005, decision denying Lamar’s application for a special use permit to allow it to put up the billboard.Lamar’s proposed billboard complies with all regulations in Cressona’s zoning ordinance, since it is not within an R-1 or R-3 residential zone, is less than 300 square feet, is more than 60 feet from another billboard and is more than 75 feet from a residential zone, Domalakes wrote. The judge wrote that the board concluded the proposed billboard would comply with all borough regulations, but it still denied the permit. Under state law, that constitutes an abuse of discretion by the board, since its decision lacks any support from the evidence, Domalakes wrote.“A permit to construct a billboard should not be denied if it complies with all relevant regulations,” Domalakes wrote.Additionally, the board improperly usurped the power of the borough zoning officer in making the original decision of whether to grant the permit, Domalakes wrote. State law gives the board jurisdiction in certain zoning matters, but Lamar’s application for a special permit did not come under any of those, according to the judge.

Source: Replublican & Herald BY PETER E. BORTNER