Agenda - Planning Commission - 07/09/2009

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May 25,20091 Volume 31 No. 10 Zoning Bulletin Case Note: The court found support in its interpretation of the city's code in the fact that if the measurement was intended to be from the entire lot of the school, the results would have been arbi- trary. For example, using the measurement of the "entire lot" of the school, had the lot upon which the karate school been smaller, ora different ~hape, there would have been no material change concern- . ing the effect of PRS's property on the school, yet the Board would have determined that no variance was required. Conversely, using that same measurement, if the karate school had sat upon a very large lot, PRS's property could have been up to two or more miles distant, and the Board would have required a variance. Validity of Zoning Regulation-Outdoor advertisers challenge city zoning ordinance as violative of the First Amendment They argue application of the Ordinance has so many exceptions that city goals are not advanced Citatiop.: Clear Channel OUtd001; Inc. v. City of New York, 2009 WL 857068 (S.D. N.Y. 2009) NEW YORK (03/31109)~In 2001,the city's council amended its zon- ing regulation (the "Zoning Resolution") to reduce and limit the size of all accessory signs near arterial highways. The Zoning Resolution effec- tively banned off-site advertising signs within 200 feet and within sight of arterial highways in manufacturing and commercial. districts in the city. The Zoning Resolution also granted legal non-conforming use sta- tus to arterial signs that eXisted on November 1, 1979. Also in 2001, through Rule 49, the city amended its Administrative Code to provide for an enhanced enforcement and penalty scheme for sign regulation. Rule 49 required all outdoor advertising companies to submit an inventory of their signs and sign structures located within 900 feet and within view of an arterial highway. Advertising companies that submitted an inventory that included non-conforming ~igns had to sub- mit certain documentation establishing that the sign qualified for oon- conforming use status. Clear Channel. Outdoor, Inc. was one of the largest media companies in the world. It, along with various other outdoor advertising compa- nies (collectively, ."Clear Channel"), operated hundreds of sign faces (i.e., large billboards) near arterial highways in the city. When put into effect, the 2001 Zoning Resolution and Rule 49 would impact Clear Channel's 6 @ 2009 Thomson Reuters 46 /.'"', ( 1 , / ...-........ .' .\ ( ) \.)