

Protecting the Rights of Local Governments"Exclusionary zoning" describes municipal-code laws that prohibit certain types of land uses. In the past, some suburban municipalities used exclusionary zoning to prevent low-income housing from being built in their areas. The Pennsylvania courts established that zoning for discriminatory purposes by "excluding or segregating people on the basis of their means" is unconstitutional. Municipalities have since learned that any exclusionary or very restrictive zoning--even for "good" reasons--must be able to withstand challenges in court. Some townships--such as Upper Southampton in Bucks County and Robeson in Berks County--have attempted to protect their visual heritage by limiting the amount of new billboard construction. However, the outdoor-advertising industry argues that laws restricting billboard construction create exclusionary zoning (as though excluding billboards were a social injustice) and therefore unconstitutional in Pennsylvania. With revenues exceeding $5.2 billion per year, the mammoth outdoor-advertising industry can be a seemingly overwhelming opponent. Thirteen members of the Outdoor Advertising Association of America www.oaaa.org have central or branch offices in Pennsylvania; seven of them are multistate or multinational companies, with strong lobbies to protect their self-interests. Viacom Outdoor Group, for example, with more than 100 million display faces worldwide and more than 100,000 billboards in the U.S.A., Canada, and Mexico, obviously has vast monetary resources at its disposal.
What's a little municipality to do?
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Billboards Don't Pay for ThemselvesNot only do they detract from a community's unique character, billboards cost taxpayers money! In Fighting Billboard Blight, an action guide published by Scenic America www.scenic.org, we learn the true cost of billboard control. Of 44 states responding to a Scenic America survey, 37 reported that the costs of their billboard-control programs outpaced revenue from permit fees. The combined amount was more than $6 million. According to Pennsylvania's 1971 Outdoor Advertising Control Act, Section 7, an annual fee must be paid to the state for each billboard within its jurisdiction. The fees range from $10 to $30 per year, according to the size of the sign. Revenue collected from the state does not begin to cover the expenses incurred by the Department of Transportation for monitoring and regulating the outdoor-advertising industry. Although the Outdoor Advertising Control Act has been amended several times since its passage in 1971, permit fees have never been increased.
Can
you think of anything else which is the same price today as it was in
1971?
Billboards
Cost Taxpayers Money--
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