Section 105 IAC 7-4-10 - Permit denial criteriaAuthority: 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. Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA