After yearslong court battle, construction for electronic billboard in Tarentum begins

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Construction of an electronic billboard near the Tarentum Bridge has begun, after a yearslong battle in court and before borough officials.

America First Enterprises, doing business as Oliver Outdoor, sought to place the electronic billboard at the Tarentum end of the bridge, at 107 E. Fourth Ave.

A representative for Oliver Outdoor said Thursday the company hopes to have the billboard erected by Sept. 1.

Anthony Bruni, Tarentum's code enforcement officer, said the two-sided digital billboard will stand about 90 feet tall, with its face about 14 feet high and 48 feet wide.

Billboard's plight

The electronic billboard has been a center of disagreement in Tarentum for the past couple of years. In January 2019, Tarentum officials refused to give Oliver Outdoor a permit, with the rationale being the land where the pole would be placed is zoned in a district where billboards are prohibited.

Oliver Outdoor appealed that decision to borough government in May 2019. It argued the borough's zoning ordinance is unconstitutional, claiming the ordinance effectively does not allow billboards anywhere in Tarentum.

But the zoning hearing board rejected that appeal, and, as a result, Oliver Outdoor took the case to Allegheny County Court in November 2019.

There, Judge Joseph James ruled Tarentum's zoning hearing board must determine whether the borough's zoning bans billboards, and sent the case back to the board for its reconsideration. In June 2020, the board determined the borough's ordinance does not exclude billboards.

Oliver Outdoor took the case back to Allegheny County Court in May 2021. This time, James ruled in Oliver's favor, finding a de facto exclusion of billboards in Tarentum because of "inherent conflicts, contradictions and errors" in borough ordinances. The judge noted zoning districts are not shown on the map; there are zoning districts that are not listed as authorized; and there are references to ordinance sections that don't exist.

Tarentum then appealed that decision to state Commonwealth Court, which last August, affirmed James’ decision. The Commonwealth Court judges wrote in their opinion that, because of "several errors" in Tarentum's ordinance that make it impossible to determine where and under what circumstances billboards are permitted, the borough, in effect, excludes billboards.

"Further, the borough failed to introduce any evidence justifying this de facto exclusion," the opinion states. "Therefore, the borough did not establish that the ordinance's exclusion was necessary to circumvent a detriment to public health, safety, morality or welfare, and applicant is entitled to site-specific relief."

The following month, Tarentum sought to appeal the decision to the Pennsylvania Supreme Court. In February, state Supreme Court justices denied Tarentum's petition.

An attempt to reach Tarentum's solicitor, Eric Dee, was unsuccessful Friday.

Borough officials said most residents were opposed to the billboard, raising complaints about the concerns for safety issues, driving distractions, its effect on the landscape and light pollution, for example.

Bruni said Tarentum is reworking its zoning ordinance to make it more specific to adapt to changing technology.

"We’re currently rewriting the amendment to the billboard ordinance," he said.

Impact on business district

Brian Snyder, a Tarentum councilman and owner of Dry Bones at 317 E. Sixth Ave., said he doesn't see the billboard having too much of an impact on his business.

"I don't see how it could impact us positively or negatively," he said.

What it will impact, however, is the view of Tarentum's business district. Coming into Tarentum from the bridge provides a "lovely view" of the borough that will, in the future, be in the shadow of the billboard.

"That's something that's really disheartening," Snyder said. "I don't think anyone's pleased about that."

He said it's a shame the billboard will be a part of Tarentum's skyline.

"As a council, we did everything we could do within the confines of the law," Snyder said.

Nearby at Seita Jewelers, 215 E. Sixth Ave., co-owner Curt Marino also said he doesn't see the billboard having a negative impact on his business or the business district.

He said he will try to advertise his store on the billboard.

"We draw from a lot of different areas, so it's important a lot of travelers know where we’re at," Marino said.

He said the full impact the billboard will have on Tarentum won't be known until it is built and operational.

Kellen Stepler is a Tribune-Review staff writer. You can contact Kellen by email at [email protected] or via Twitter .

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