Proposed Sign Compliance Program (Draft 3)

Introduction.
This document is a draft guide to a proposed Sign Compliance Program. The Plan Commission does not intend to act on the plan as outlined in this document at this time. This document is intended to provide further discussion with interested parties throughout the county and within the Plan Commission membership. The draft document may be adopted with some minor changes or with some very major changes. Those wishing to affect the Sign Compliance Program should know that their input will be considered. They should contact the Plan Commission Office and attend Plan Commission Hearings to make their opinions known.

In order to function effectively and properly, the Plan Commission should have a clear, rational, and equitable program in place. This program should identify how areas will be prioritized for investigation, how that investigation will proceed, who will be notified and how notification will take place, how remonstrators may demonstrate their signs are either legal or legally nonconforming, how they may appeal the decision, and how illegal signs will be removed. The process should be designed to allow a robust level of due process to all affected individuals.

The purpose of this program is to set the guidelines and procedures for an orderly and equitable review and resolution of existing, off-premise signs within the Steuben County Plan Commission’s jurisdiction.

The Plan Commission only intends to remove signs that were never legally installed and signs that were legally installed but have since been modified to increase their nonconformity.

This program is intended for permanent (non-temporary), off-premise signs.


Background.
Before getting into the core of the Sign Compliance Program, it is important to have an understanding of sign regulation legislation and existing conditions.

In 1965, the United States Congress passed the “Highway Beautification Act of 1965.” The act required all states to adopt provisions to control outdoor advertising within 660 feet of the right-of-way of primary-aid roadways or lose up to ten (10) percent of federal funding for roadways.

The Indiana General Assembly authorized an Agreement for Outdoor Advertising with the federal government in 1971.

Since January 3, 1972, all signs erected within the County’s jurisdiction have required a permit.

In 1974, the area covered by the Highway Beautification Act was extended from 660’ feet to the “view-shed,” the area visible from the roadway.

On June 1, 2000, the Steuben County Zoning Ordinance was amended, severely restricting all off-premise signs.

On August 1, 2008, the Steuben County Zoning Ordinance was amended, limiting off-premise signs to billboards along I-69 and the Tollroad.

Signs located along interstates and state roads require approval by INDOT or its predecessor, the Department of Highways.

Many signs have been erected at intersections throughout Steuben County. Some have received valid permits, and some have not.

The Steuben County Plan Commission identified “Improving the Image and Identity of Steuben County” as the third highest priority of all the goals identified in the Steuben County Comprehensive Plan of 2006.

Nonconforming or legally nonconforming signs were legally installed and complied with the regulations at that time. Since then, the regulations have changed which would make it impossible to install the signs as erected.

Illegal signs were never legally installed.

Legal signs were legally installed and comply with the present sign regulations.


Prioritization.
The program will identify how areas will be prioritized for investigation before other areas. Areas that meet more criteria will receive attention before areas that meet fewer criteria. However, areas meeting fewer criteria may be placed higher on the list due to the criteria they do meet (public safety, for example).

Staff recommends the following priorities:
1. Areas with signs that create a public hazard as determined by the Steuben County Highway Department or the Plan Commission,
2. Areas with signs located within the road right-of-way,
3. Areas with signs located along Major Arterials, Minor Arterials, Major Collectors, and Minor Collectors, as defined in the Transportation Plan Map of the 2006 Steuben County Comprehensive Plan,
4. Areas with a larger number of signs,
5. Areas of importance to the community as a gateway or similar, &
6. Areas with signs identified by INDOT as not having received proper approval.

The Plan Commission will develop an inventory of signs throughout the county and evaluate them using the above criteria. Enforcement action can begin prior to a total inventory being completed. The areas already inventoried will be prioritized with new areas being evaluated and added as time allows.


Contact/Notification.
The Plan Commission will document existing conditions, including sign characteristics such as size, location, and height. During inspections, Plan Commission staff will identify and note any INDOT and Steuben County sign identification tags. Along state roads, INDOT will be contacted to determine if the sign received proper permits, if the sign did not/does not require permits, or if the sign is considered to be illegal.

(Documentation may be conducted as part of the county-wide sign inventory. If sufficient documentation exists through the sign inventory, no additional documentation may be necessary.)

For signs located on private property:

The property owner and advertised business will be contacted. Notice will be mailed to the property owner’s address, as maintained by the Steuben County Auditor, and to the advertised business’ place of business. If it is impossible to identify an address for the advertised business, notice to the property owner shall be considered sufficient.

For signs located within road right-of-way or on public property:

The advertised business will be contacted. Notice will be mailed to the advertised business’ place of business. If it is impossible to identify an address for or to contact the advertised business, the sign shall be considered to be abandoned.

The notice will include the following:
1. Identify the purpose of the notice,
2. Describe why the Plan Commission believes the sign may be illegal,
3. Identify the appeal process and deadlines, &
4. Describe the potential consequences (removal, fines).


Review/Appeal Process.
Property owners and/or advertised businesses will be given the opportunity to contest a decision that their sign should be removed. All individuals wishing to contest the decision should contact the Plan Commission within twenty-one (21) days after the notice was mailed.

Property owners or advertised businesses may provide copies of permits, sign tags, previous surveys, photographic proof, and other materials to the Plan Director. If the Plan Director determines there is sufficient evidence to suggest that the sign in question was legally installed and has not been significantly altered, it will be declared to be legally nonconforming and allowed to remain. (Signs allowed to remain in place may only be repaired or maintained in a manner consistent with the Steuben County Zoning Ordinance.)

The Plan Director will provide a letter, describing the outcome of the review process and the reasons why the conclusion was reached, to the petitioner.

Individuals who dispute the Plan Director’s determination may appeal the decision to the Steuben County Board of Zoning Appeals, as outlined in the Steuben County Zoning Ordinance. The appeal must be filed within ten (10) days.

A disputed sign will not be removed while its status is reviewed by the Plan Director and/or the Board of Zoning Appeals.

Individuals who do not contact the Plan Commission before the deadlines will be considered to be in agreement with the Plan Commission’s determination that the sign is illegal and should be removed.


Removal.
Property or sign owners may remove signs at their convenience at any time.

Illegal signs will be removed by the Plan Commission in a cost-effective manner, following the outlined review process.

Whenever possible, the Plan Commission will work with the Steuben County Highway Department to remove signs at no cost to the property or sign owner.

When it is necessary to hire a contractor for removal or to recover costs to the county, the costs will be billed to the property owner. An invoice will be sent to the property owner’s address of record, as maintained by the Steuben County Auditor. If the invoice is not paid within 90 days, the cost may be recovered by adding it to the tax bill or by placing it as a lien against the property.


Additional Information.
Concurrent with the Sign Compliance Program, the Plan Commission is developing an Integrated Sign Program to allow directional signs on both county and state roads. This program will require approval by the Steuben County Board of Commissioners, the County Highway Department, and INDOT.

Signs will not be removed until the Integrated Sign Program is in place. (Signs that pose an immediate threat to public health, safety, or welfare may still be removed as outlined in the Steuben County Zoning Ordinance.)

Individuals or businesses who voluntarily remove all of their off-premise signs will receive a reduced fee schedule for signs installed as part of the Integrated Sign Program.

Individuals or business are ineligible for the Integrated Sign Program if they have any off-premise signs (excluding legal billboards).

Individuals or business are ineligible for the Integrated Sign Program if they owe the County money for sign removal.