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Molitors Used Signs
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Grandfathered Signs

• IC 36-7-2-5.5 (enacted in 2006) reads
• A unit may not require that a lawfully erected
  sign be removed or altered as a condition of
  issuing

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Grandfathered Signs

• IC 36-7-2-5.5 (cont.)
• (1) a permit
•       (2) a license
•       (3) a variance or
•       (4) any other order concerning land use or
  development

Molitors Used Signs
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Grandfathered Signs

• IC 36-7-2-5.5 (cont.)
• unless the owner of the sign is compensated in
  accordance with IC 32-24 or has waived the right
  to and receipt of damages in writing.

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Grandfathered Signs

• IC 22-13-2-1.5
• Similar language, also from 2006
• Applies restrictions to state agencies as well
  as political subdivisions

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Grandfathered Signs

• Hoosier Outdoor case (2006)
• Monroe County sign ordinance
• Cap number of signs at current level
• Encourage migration of non-conforming signs to
  limited areas

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Grandfathered Signs

• Leisz case (1998)
• Bloomington registration ordinance
• Identify nonconforming rentals
• Non-registrants lose rights

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Grandfathered Signs

• Statute vs. Case Law
• Operate side by side
• Statute restricts conditions on approvals, BUT
• Cases allow for registration or amortization

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Grandfathered Signs

• Registration
• Keep an eye on them
• Abandonment still possible
• Report to legislative body on progress make
  recommendations

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Grandfathered Signs

• Amortization
• Not always a taking
• Reasonable amortization period, OR allow
  migration to other areas
• Provide for BZA review or variance

Molitors Used Signs
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Molitors Used Signs
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land Use update
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