Poland zoning variance denied

The company wanted to erect billboards closer than the requirement permits.

By DENISE DICK

VINDICATOR STAFF WRITER

POLAND — A Youngstown company that’s mounted challenges to several Ohio communities’ billboard regulations lost a first effort in the township.

Genesis Outdoor appeared recently before the township’s board of zoning appeals, requesting variances to allow billboards in six locations along U.S Route 224 and one on state Route 170.

The company was seeking relief from township zoning regulations governing billboard placement.

“The zoning regulations call for a 130-foot setback from the right-of-way line,” said Hank Grover, chairman of the township board of zoning appeals.

That’s consistent with the setback required for buildings.

Robert Monus, township zoning inspector, said zoning regulations allow billboards in business areas of the township, specifically along U.S. Route 224 and state Route 170 with the 130-foot setback requirement.

Businesses including the Giant Eagle and Burger King on Route 224 at Clingan Road, for example, comply with the 130-foot setback requirement. Others predate the setback requirement and thus were grandfathered in.

Genesis was requesting relief from the setback requirement, asking for setbacks of between 35 and 55 feet.

“I think the concern of zoning for the 224 business corridor is to allow room from the roadway for access roads, greenspace and parking,” Grover said.

In rejecting the appeal, the board complied with the intent of the zoning regulations, the chairman said.

Atty. Theresa Tolson, who represents Genesis, said that under Ohio Revised Code, communities can’t prohibit billboards.

“The 130-foot setback is a de facto prohibition,” Tolson said.

When a billboard is set back 130 feet from the right-of-way, it’s effectively useless, she said.

The company and its president, Tom Cregan, have challenged in court the billboard regulations in other communities across the state.

Tolson said that she and her client are prepared to take the case to the next step but that she hopes the company and the township can reach an agreement.

In 2000, Boardman and TTR Media of Youngstown of which Cregan was president, agreed to settle a dispute about billboard locations to avoid a court battle.

In March of that year, Boardman’s BZA denied the company’s variance request to place 17 billboards on South Avenue, Southern Boulevard, California Avenue and West Boulevard.

At that time, Boardman permitted billboards only on state Route 7 and U.S. 224. The company challenged the decision in court.

Darren Crivelli, Boardman zoning inspector, said the township and TTR agreed to 11 billboards with most on South and one on California. The boards wore sold to another company.

The company also has waged court battles in Geauga, Cuyahoga and Portage county communities, achieving success in some.