Proposed Sign Compliance Program

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; it is a starting point not the finish line. 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 opinion 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.

Background.
Before getting into the core of the Sign Compliance Program, it is important to have a some 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 are signs that 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 are signs that were never legally installed.

Legal signs are signs that were legally installed and comply with the current zoning ordinance and other regulations.

Prioritization.
The program will identify how areas will be prioritized for investigation. A formal or informal system may be adopted, provided it is clear why the Plan Commission has interest in certain intersections before other intersections.

Criteria may include: the impact on public safety, the area’s importance as a community gateway, the number of signs in the area, the impact on important views, historical areas, or parks, the type of road, the volume of traffic on the road, and other factors.

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.

When signs are located on private property, the property owner and the business or individual advertising on the sign will be contacted. If it is impossible to identify an address for the sign advertiser, notice to the property owner shall be considered sufficient. When signs are located within the road right-of-way or on public property, the business or individual advertising on the sign will be contacted.

Notice will be mailed to the property owner at the address maintained by the Steuben County Auditor’s Office and to the advertised business at the place of business. If no address can be located for the advertised business, notification to the property owner shall be considered sufficient. If no address can be identified, the sign will be considered 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.
The Plan Commission only intends to remove signs that were never legally installed and signs that were legally installed but since then modified to increase their nonconformity. Property owners and/or sign owners will be given the opportunity to contest a decision that their sign should be removed.

They may provide copies of permits, sign tags, previous surveys, photographic proof, and other materials. 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 allowed to remain. (The sign must not be altered in the future in a manner which would cause it to be considered illegal.)

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.

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

Individuals who do not contact the Plan Commission within the designated time frame will be considered to agree with the Plan Commission’s determination that the sign is illegal and should be removed.

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

Property or sign owners may remove the signs at their convenience at any time.
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 some 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’s Office. 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.

Plan Commission staff recommend that signs not be removed until the Integrated Sign Program is in place.

Plan Commission staff recommend that individuals or businesses who voluntarily remove all of their off-premise signs receive a reduced fee schedule for signs installed as part of the Integrated Sign Program.

Plan Commission staff recommend that individuals or business not be allowed to participate in the Integrated Sign Program if they have any off-premise signs (excluding legal billboards).