105 IAC 7-4-6 - Permit required before erection of sign; time to erect; multiple conflicting applications

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

Affected: IC 8-23-20

Sec. 6.

(a) A person or entity shall have an existing permit from the department for the sign before erecting, repairing, or maintaining the sign. Any sign erected, repaired, or maintained without an existing permit from the department for that sign is an illegal sign. The department may deny any application for a permit for a sign that is submitted after erection of the sign had been started or completed. The department may send the applicant a separate written notice requiring the removal of any such sign within thirty (30) days after the date of such notice.

(b) The erection of the proposed sign must be completed within three hundred sixty-five (365) days of the date of issuance of the permit, or the permit shall be revoked and the uncompleted sign shall be removed at the permittee's sole expense. No extension of time shall be granted by the department.

(c) For any sign constructed and registered on or before December 31, 1993, the department shall make a determination of the registered sign's eligibility for a permit as of the date the registration form was submitted to the department. If the department determines the registered sign is eligible for a permit, the department shall issue a legal nonconforming permit or a legal conforming permit based upon the information in the registration form. If the determination for a legal nonconforming permit is made and the sign owner has documentation to demonstrate a legal conforming permit should be issued, the sign owner shall have ninety (90) days from the date of the eligibility determination to provide documentation to the department. If the documentation submitted to the department is found to be inadequate to support a legal conforming permit, the legal nonconforming permit determination shall be final. If the department determines the registered sign is not eligible for a permit, then the registered sign is a public nuisance and is subject to removal.

(d) When multiple permit applications are received for proposed signs at the same site or at sites that, if both permits were granted, would conflict with the spacing criteria in this rule, priority shall be given in the order the applications were received by the department. If an application is returned to an applicant because it is not complete or has incorrect information, the application loses its priority position. The department will hold an application, without taking any further action on it, if it is for the same site as, or for a conflicting site with that of an application that the department previously received and that has not been denied. The department's hold will continue until the department makes a final decision on the previously received application and all appeals relating thereto have been concluded, or until the department returns the previously received application to its applicant. The department will notify the subsequent applicant in writing or through the electronic permitting system that the subsequent application is being held because an application for the same site or for a conflicting site was previously received.

(e) Whenever a spacing or other conflict exists, an application for a proposed sign and an existing sign constructed on or before December 31, 1993, which was timely registered under state law, but for which a valid permit has not been issued, the department shall make a determination of the registered sign's eligibility for a permit. If the department determines that the registered sign is eligible for a permit, the department shall issue a permit for the registered sign and deny the application for the proposed sign. If the department determines that the registered sign is not eligible for a permit, then the registered sign is a public nuisance and subject to removal, and the department shall consider the application for the proposed sign.

Notes

105 IAC 7-4-6

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