105 IAC 7-4-20 - Zoned commercial or industrial area; unzoned commercial or industrial area

Authority: IC 8-23-2-6; IC 8-23-20-25

Affected: IC 8-23-20

Sec. 20.

(a) A sign may be located only in a zoned commercial or industrial area, or in an unzoned commercial or industrial area, only if there is a qualifying commercial or industrial activity on the real estate in such area that also would be the location of the sign.

(b) The department shall deny any application for a sign permit, if the zoning action for the real estate upon which the sign will be located is the result of spot zoning or strip zoning.

(c) Zoning action that has the effect of allowing signs on the affected real estate may not be recognized by the department as a zoned commercial or industrial area for purposes of this rule. Factors to be considered by the department when making its independent determination of whether the real estate is in a zoned commercial or industrial area suitable for allowing signs and whether spot zoning or strip zoning occurred with respect to the particular sign include:

(1) whether or not this action is part of or consistent with part of a comprehensive zoning plan;

(2) the reason behind any rezoning of a parcel, which must be taken for reasons other than allowing signs or outdoor advertising;

(3) the person or entity who requested the zoning action;

(4) the zoning of nearby areas;

(5) the actual land use of nearby areas;

(6) the existence of plans for commercial and industrial development on the real estate;

(7) the availability of utilities (such as water, electricity, and sewage) on the real estate; and

(8) the existence of access roads or dedicated access to the real estate.

(d) Factors to be considered by the department when making its independent determination of whether there is a qualifying commercial or industrial activity on the real estate upon which the sign will be located in an unzoned commercial or industrial area include the following:

(1) The activity maintaining all necessary business licenses as required by state or local law or ordinances.

(2) If the activity is performed by a corporation or a limited liability company, the entity maintaining all necessary registration to remain in good standing with the Indiana secretary of state.

(3) The activity having direct vehicular access from a public road that is normal and customary for ingress and egress by the public to the activity, as well as adequate parking to accommodate public access.

(4) Any building or other permanent structure used for the activity shall:

(A) not be principally used as a residence;

(B) include customary facilities such as running water, functioning electrical connections, and adequate heating;

(C) be located on the same side of the control route as the sign; and

(D) have a permanent foundation that is built or modified for the activity, and any mobile structure being so used shall:

(i) not be a self-propelled vehicle;

(ii) remove all wheels, axles, and springs; and

(iii) be permanently secured on piers, pad, or foundation.

(5) The activity not being, in whole or in substantial part, any of the following:

(A) Signs or other outdoor advertising structures.

(B) Agricultural, forestry, ranching, grazing, farming, and related activities, including produce stands and other seasonal stands.

(C) Transient or temporary activities, including weekend or seasonal flea markets.

(D) Railroad tracks, minor sidings, cell towers, or other utility facilities.

(E) Visible from the main-traveled way.

(F) Highways, roads, or streets.

(6) The actual land use of nearby areas, as well as whether there is other commercial or industrial activity in nearby areas.

(e) All applications for a sign permit and all supporting documentation from the property owner must provide express authorization in one (1) of the following:

(1) The original signature of the property owner or its authorized representative on the accompanying affidavit in form and substance satisfactory to the department, demonstrating a consent to:

(A) the erection of the sign; and

(B) the right of entry from time to time by employees or authorized agents of the department on the real estate where the sign is located for purposes of inspection or removal of the sign.

(2) In lieu of the affidavit signed by the property owner contemplated by subdivision (1), the applicant may execute and submit an affidavit in form and substance satisfactory to the department, representing to the department:

(A) that the applicant made a reasonable request to obtain the executed affidavit from the property owner, but the applicant's request was refused;

(B) that the applicant has the legal right to erect the sign, based upon its contractual documentation with the property owner;

(C) that the applicant notified the property owner of the right of entry from time to time by employees or authorized agents of the department on the real estate where the sign is located for purposes of inspection or removal of the sign; and

(D) the correct name, mailing address, and electronic mail address of the property owner.

(f) If the zoning of a commercial or industrial area changes after a permit is issued for a sign such that a conforming sign should become a nonconforming sign, the permittee or the current owner of the sign shall, within ninety (90) days of receiving notice of such zoning change, send the department a written request for a permit tag for a nonconforming sign, together with the standard permit tag fee in section 8(a) of this rule. Failure of the permittee or the current owner of the sign to timely comply with this subsection may, in the discretion of the department, result in the revocation of the permit for the sign.

Notes

105 IAC 7-4-20

Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA