Indiana Administrative Code
Title 105 - INDIANA DEPARTMENT OF TRANSPORTATION
Article 7 - PERMITS FOR HIGHWAYS
Rule 4 - Signs
Section 4-10 - Permit denial criteria
Universal Citation: 105 IN Admin Code 4-10
Current through March 20, 2024
Authority: IC 8-23-2-6; IC 8-23-20-25
Affected: IC 8-23-20
Sec. 10.
(a) No permit, except as provided in section 13 of this rule, may be issued for any sign as follows:
(1) Within six hundred sixty
(660) feet of the nearest edge of the right-of-way of a control route and
erected after January 1, 1968, unless the sign is erected in a zoned commercial
or industrial area or an unzoned commercial or industrial area in accordance
with section 20 of this rule.
(2)
Beyond six hundred sixty (660) feet of the nearest edge of the right-of-way of
a control route, outside of an incorporated municipality, if the sign would be
visible from the main-traveled way of a control route, and erected with the
purpose of a message on its sign face being read from the main-traveled way of
a control route, and erected after June 30, 1976.
(3) In an adjacent area where the sign fails
to comply with the size and configuration restrictions in section 16 of this
rule.
(4) In an adjacent area where
the sign fails to comply with the spacing criteria in section 17 of this
rule.
(5) In an adjacent area where
the sign fails to comply with the lighting criteria in section 18 of this
rule.
(6) Where the zoning is not
part of comprehensive plan or was zoned primarily to permit outdoor advertising
structure or constitutes spot zoning or strip zoning.
(7) A new construction project programmed,
which may affect the spacing or location requirements for an outdoor
advertising structure, unless the applicant and the department enter into an
agreement, which will allow for a permit to be issued.
(8) Proposed sign along a route designated as
a scenic byway.
(9) That fails to
comply with the miscellaneous criteria in section 19 of this rule.
(b) Until any appeal of an applicant whose permit application is denied is completed, no permit shall be issued to any other applicant that would affect the legality of that denied application.
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