1. BUY HERE! PAY HERE! WAIVE RIGHTS HERE! Good Credit Bad Credit No Credit! Molitor’s Used Signs

2. ‘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 … Molitor’s Used Signs

3. ‘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 … Molitor’s Used Signs

4. ‘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. Molitor’s Used Signs

5. ‘Grandfathered’ Signs IC 22-13-2-1.5: –Similar language, also from 2006 –Applies restrictions to state agencies as well as political subdivisions Molitor’s Used Signs

6. ‘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 Molitor’s Used Signs

7. ‘Grandfathered’ Signs Leisz case (1998): – Bloomington registration ordinance – Identify nonconforming rentals – Non-registrants lose rights Molitor’s Used Signs

8. ‘Grandfathered’ Signs Statute vs. Case Law: – Operate side by side – Statute restricts “conditions” on approvals, BUT – Cases allow for registration or amortization Molitor’s Used Signs

9. ‘Grandfathered’ Signs Registration: – Keep an eye on them – Abandonment still possible – Report to legislative body on progress; make recommendations Molitor’s Used Signs

10. ‘Grandfathered’ Signs Amortization: – Not always a ‘taking’ – Reasonable amortization period, OR allow migration to other areas – Provide for BZA review or variance Molitor’s Used Signs

11. BUY HERE! PAY HERE! WAIVE RIGHTS HERE! Good Credit Bad Credit No Credit! Molitor’s Used Signs

12. THANK YOU FOR PARTICIPATING! Question and Answer Segment land Use update