105 IAC 7-4-3 - Content of applications; incomplete applications; approval or denial of permits; effect of false or misleading information or repeated violation of permit terms

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

Affected: IC 4-21.5; IC 8-23-20

Sec. 3.

(a) A separate application for a permit shall be made for each sign on a form furnished by the department or through the electronic permitting system. The application must be verified and include, at a minimum, the following information:

(1) The complete name and address of the applicant.

(2) The original signature of the applicant, unless the applicant is using the electronic permitting system.

(3) The proposed location of the sign.

(4) The complete legal name and address of the property owner, as well as an accurate and complete description of the specific property interest held by the property owner in that real estate (for example, fee simple, lessee, or easement holder).

(5) A statement of whether the sign is located within an incorporated municipality or within the municipality's extraterritorial jurisdiction.

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

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

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

(iii) 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

(iv) the correct name, mailing address, and electronic mail address of the property owner. Upon receipt of the affidavit executed by the applicant under this subdivision, the department may require the applicant to provide additional information or documentation verifying the representations therein.

(7) A letter or other document signed by an authorized representative of the local governmental entity that provides the current zoning applicable to the sign's location. In lieu of the letter or other document from the local governmental entity contemplated by this subdivision, the applicant may execute and submit an affidavit in form and substance satisfactory to the department, representing to the department that:

(A) the applicant made a reasonable request to obtain the executed letter or other document on behalf of the local governmental entity, but the applicant's request was refused; and

(B) the applicant has verified that the zoning is appropriate for the erection of the sign, and is also representing to the department what the current zoning classification is for the real estate upon which the sign would be located.

Upon receipt of a letter or other document signed by an authorized representative of the local governmental entity or the affidavit executed by the applicant under this subdivision, the department may require the applicant to provide additional information or documentation verifying the information or representations therein.

(8) Information that details how and the specific location on such real estate at which the sign will be erected and maintained.

(9) Any other information or documentation reasonably related to the application that is required by the department. The application shall be completed accurately by the applicant, or by a representative duly authorized in writing to act for the applicant, and shall also describe and set forth the size, shape, and the nature of the proposed sign.

(b) An incomplete application will not be considered by the department, but minor deficiencies may be cured promptly after the department requires the applicant to provide additional information or documentation. Otherwise, all documents included with an incomplete application shall be returned to the applicant (but not sooner than fifteen (15) days after the date upon which it was submitted) without being processed, along with a written explanation of the reason for its return, and the application fee shall be returned by the department. The return of an incomplete application and any accompanying materials without processing in accordance with this rule is not a final administrative action subject to appeal. If an application is withdrawn or returned for any reason, and the applicant chooses to resubmit the application, the subsequently filed application shall be processed as a new application as of the date it is received by the department with a new application number and it shall be subject to the payment of another application fee.

(c) The department shall review each application on the basis of its qualifications as of the date received by the department. For example, any qualifying commercial or industrial activity and appropriate zoning that is required for approval must exist on the date the application is received. If the permit is approved by the department, written notice of this fact and the permit tag shall be sent to the applicant. Any denial of a permit by the department shall be in writing, accompanied by an explanation of the rationale for the denial, and shall be sent to the applicant by U.S. certified mail. If the permit is denied, the applicant may appeal this denial by delivering a written notice of the appeal to the department in accordance with the applicable time period set forth in IC 4-21.5 and in compliance with the requirements of section 12(c) of this rule. After an appeal is delivered, the applicant shall be afforded the opportunity for a hearing under IC 4-21.5 and IC 8-23-20.

(d) The permittee or its authorized representative shall have the right to change the advertising copy on the sign for which the permit was issued without payment of any additional fee to the department and no approval by the department is required for any such change.

(e) The department shall have authority, thirty (30) days after notice in writing to the permittee, to revoke any permit issued under this rule where the application for the permit contains false or misleading information or where the permittee has violated any provision of this rule.

(f) The department may subsequently refuse to issue any sign permits to an applicant for a period not to exceed two (2) years from the date of its decision, if:

(1) the applicant or any owner, shareholder, officer, representative, or employee thereof intentionally provided false or misleading information on a permit application or modification request for an addendum within the previous two (2) years; or

(2) there are repeated substantive violations by the permittee of the general provisions and special provisions that are attached to the permits held by the permittee.

Before taking any action under this subsection, the department will afford the applicant or permittee an opportunity to meet and explain why this particular information had been provided to the department or to explain the circumstances that resulted in the repeated violation of these provisions.

(g) The issuance of the permit shall in no way imply the department's approval of, or be intended to influence any action pending before a local board, commission, or agency.

(h) All modification requests for an addendum to an existing permit for a sign shall comply with section 13(5) or 14(a) of this rule.

Notes

105 IAC 7-4-3

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