Sec. 25.6. (a) This section applies only to a conforming outdoor advertising sign located along the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor advertising signs is required under 23 U.S.C. 131.
(b) If a conforming outdoor advertising sign is no longer visible or becomes obstructed, or must be moved or removed, due to a noise abatement or safety measure, grade changes, construction, directional sign, highway widening, or aesthetic improvement made by any agency of the state along the interstate and primary system or any other highway, the owner or operator of the outdoor advertising sign, to the extent allowed by federal or state law, may:
(1) elevate the outdoor advertising sign; or
(2) relocate the outdoor advertising sign to a point within five hundred (500) feet of its prior location, if the outdoor advertising sign complies with the applicable spacing requirements and is located in land zoned for commercial or industrial purposes or unzoned areas used for commercial or industrial purposes.
(c) Subject to subsection (f), the county or municipality, under IC 36-7-4, may, if necessary, provide for the elevation or relocation by ordinance for a special exception to the zoning ordinance of the county or municipality.
(d) The elevated outdoor advertising sign or outdoor advertising sign to be relocated shall be the same size as the previous outdoor advertising sign and, to the extent allowed by federal or state law, may be modified to:
(1) elevate the sign to make the entire advertising content of the sign visible; and
(2) an angle to make the entire advertising content of the sign visible.
(e) This section does not exempt an owner or operator of a sign from submitting to the department any application or fee required by law.
(f) If the county or municipality does not amend its zoning ordinance as necessary to provide for a special exception to the zoning ordinance under subsection (c), notwithstanding IC 8-23-20-10, the county or municipality is responsible for the payment for just and full compensation to an owner under IC 32-24.
As added by P.L.222-2017, SEC.2.
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