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The Next Page: Shining a light on why zoning and planning matter
Sunday, March 16, 2008

Pittsburgh City Council is in the middle of a heated debate over a brightly lit sign.


Court Gould is executive director of Sustainable Pittsburgh. Anne-Marie Lubenau, AIA, is president and CEO of the Community Design Center of Pittsburgh. Anne Swager, Hon. AIA, is executive director of the Pittsburgh chapter of the American Institute of Architects.

Late last year, the city zoning administrator approved a 1,200-square-foot, LED billboard for the new Grant Street Transportation Center (which replaces the former bus station). The executive director of the Urban Redevelopment Authority approved it too, after negotiating with the advertising firm to remove six standard billboards nearby. The URA leader as well as Mayor Luke Ravenstahl say that legal procedures were followed, and that the end result is a win for the city.

But on Tuesday, after weeks of controversy, City Councilman Patrick Dowd filed an official appeal, which automatically requires a hearing of the Zoning Board of Adjustment. Other council members have joined forces to call a temporary halt to all billboards in the city.

What's all the fuss over one blinking sign?

Three members of Pittsburgh's design community offer a guided tour of the zoning process: how it works and why it matters.


Planning and zoning are, simply put, essential to protecting the public interest.

The matter of this large LED billboard provides a perfect case study of the process. It is serves as a reminder of the deliberate legal process in place to guide planning and decision-making.

The Zoning Code is a tool to implement and protect the community's vision. It is not a barrier to development.

The Zoning Code governs development, shields against nuisance and brokers how we live together for the better. Zoning protects property values -- which underpin our society -- and public health. No wonder Pittsburgh, as well as most municipalities, have a process in place to evaluate requests to build.

The Pittsburgh Zoning Code is a body of law passed by City Council and signed by the mayor. Based on extensive public process, the Code was enacted in 1998 and is continually updated.


Section 919.02(N)(2): "No structural alteration, enlargement, or extension shall be made of a nonconforming sign, except when the alteration is required by law or will eliminate the nonconforming condition"

Here are the basic steps carried out by public officials in reviewing building permit requests:

• When someone wants to build something, they make an application to the Zoning Department for a permit. The zoning administrator reviews and approves or denies the application based on the Zoning Code. The code is a detailed document intended to address a wide array of uses and applications.

In the case of the new electronic billboard, the application was approved apparently based on judgment that it represented an allowable alteration of an existing billboard. The present code prohibits new billboards in Downtown -- but allows prior or nonconforming billboards to remain. The proposed electronic billboard will be much larger (and relocated) than that of the "nonconforming" billboard it is replacing.

As such, the Zoning Code would seem to cast questions as to the Zoning Department's conclusion that approval was in order.

Section 919.02(N)(2): "No structural alteration, enlargement, or extension shall be made of a nonconforming sign, except when the alteration is required by law or will eliminate the nonconforming condition."

Had the electronic billboard application to the Zoning Department been denied, and the applicant was not satisfied, the applicant would have the opportunity to appeal that decision -- thus initiating a clearly laid-out public process.

This would begin with the applicant petitioning the Zoning Board of Adjustment for a variance from the code or a change of nonconforming use.


Path to a Variance or Change of Nonconforming Use

• When filing a petition to the Zoning Board of Adjustment, the applicant provides names and addresses of adjacent property owners. They all receive a notice of a public hearing. Additionally, neon orange or green notice signs are posted on the property.

• The hearing, being a legal proceeding, is open to the public. The applicant or any objectors are entitled to legal representation.

Through the public hearing, the Zoning Board of Adjustments evaluates the application using criteria tied to adherence to the standard of the law and protection of the public interest.

It is not an arbitrary review. Variances from the Zoning Code are only granted where it is proven that the conditions of the site or property are creating a hardship and the proposal represents the only possible use for the site.

For example, in the case of the electronic billboard, it would have to be demonstrated to the Zoning Board of Adjustments that without the new billboard, the property could not be used.

Similarly, for a change of nonconforming use, the Zoning Board of Adjustments must rule in step with the specific existing code criteria.

• If the Zoning Board of Adjustments decision is "no," then the applicant may appeal to the courts.


Path to Changing the Zoning Code

• But what if billboards might be a generally good idea? Then a public hearing process may be initiated that engages the whole community.

City Council, the Planning Department or any civic group can initiate a community conversation that includes everyone who has an interest. If prevailing sentiment indicates there is need for change in the Zoning Code, then the Planning Department may propose new zoning legislation language that goes to a public hearing (with public notice) at the City Planning Commission.

From there a recommendation is made to City Council, which in turn can proceed with its own public hearing. Council then votes yes or no to change the Zoning Code. If yes, the original applicant could now apply again to the Zoning Department for the billboard.


This public process applies equally to all.

No public official or developer is above the law; everyone must go through the same process. If this current electronic billboard case is litigated, taxpaying residents of the city of Pittsburgh will foot the bill. Avoidance of lawsuits is another way in which Zoning Codes and the permitting process are intended to protect public interest.


The Next Page is different every week:: John Allison, thenextpage@post-gazette.com, 412-263-1915

Pittsburgh City Council has scheduled a public hearing on the billboard controversy for March 20 at 1:30 p.m., City-County Building, fifth floor. (Call the City Clerk's office at 412-255-2138 to pre-register to speak.) While those with opinions about billboards will likely take notice, all citizens should be concerned with the integrity of the very processes in place to protect and enhance public interest.

Zoning Code is not the most exciting pastime. But its clear steps deliver checks and balances to safeguard the public trust. In Pittsburgh or any community, you are afforded a seat at the planning, design, and zoning table to sustain a just and prosperous community.

First published on March 16, 2008 at 12:00 am
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