Commissioner Meeting Notes, Nov 6, 2024, 2:00 p.m. Amendment to Sign Ordinance. For the Record

The Area Plan Commission (APC) held two meetings with unanimous support for recommending a No vote. Two commissioners voted to approve.

- Amendment Sign Ordinance -Signed and Recorded

Background Information and Timeline: Aug 14 – Nov 26, 2024

- Aug 14, 2024. Background: Internally Lit Signage (24-M-01 BLAKE WOLPERT, PETITIONER WITHDRAWN)
- Aug 27, 2024. APC Meeting Notes, Internally Lit Signs, Comp Plan, Code and Zoning Enforcement
- Oct 2, 2024. Commissioner Meeting Notes, Oct 2, 2024, 2:00 – 4:00, Internally Lit Sign – ‘Tabled”
- Oct 16, 2024, Commissioner Meeting Notes, Oct 16, 2024. Internally LIT signs, bricks
- Nov 19, 2024. Split vote OKs internally lit signs, BCD.
  - Internally lighted signs will be permitted in Brown County — at least for the next couple of months — after a bitterly divided 2-1 vote of the county commissioners on Nov. 6.
  - “We have a commissioner sitting there that got in that seat by seven votes. … We have another commissioner that didn’t win the primary, and both of you are out the door in two months,” Sanders said after the 2-1 vote adopting the sign ordinance. …. “I think for you to be making this decision before the comprehensive plan is even done and you’ve really took a hard look at it is offensive to me and a lot of other people, and I’ll be glad when the door shuts” when their terms as commissioners expire in Jaunary, he said.
  - Commissioner-elect Tim Clark, who will succeed Pittman on the three-member board, agreed that any decision should wait. He also warned that the ordinance opened the door to electronic messaging signs.
  - “Delay it and let the comprehensive plan address it,” Clark said. “… If you make any kind of change, have public input.”
  - Along with Clark joining the commissioners in January, Kevin Patrick will replace Wolpert. All the current and outgoing commissioners are Republicans.
  - Despite passage of the ordinance, Sanders suggested it may not stand after the new commissioners take office.
  - “We will be readdressing it,” Sanders said after the ordinance was adopted on a split vote.
- Nov 20, 2024. Commissioner Meeting. Commissioner Sanders made a motion to repeal the ordinance. Citizens spoke out – again, in support of a repeal. There was no support from Commissioner Pittman and Wolpert to repeal.
  - The county attorney identified legal options for citizens: A zoning change can be challenged/appealed to the Board of Zoning Appeals (BZA) or judicial court. The Indiana Codes:
    - IC 36-7-4-1600 Series-Judicial Review
    - IC 36-7-4-900 900-Series Board of Zoning Appeals
- Nov 26, 2024. Bid to repeal lighted sign ordinance falters
  
  By Staff Reports

Possible options for citizens in challenging an ordinance. Identifies opportunities for improvement in the process for developing a new ordinance or amending an existing one.

This post at Brown County Matters.

Audio of the Meeting:

- 27:01 — An amendment to the sign ordinance to allow internally LIT Signs and allow Electronic Signs with Messaging was approved despite opposition from the public and the recommendations from the Area Plan Commission (APC).
- APC members stated that they were not necessarily opposed to Internally LIT signs but the ordinance as written was too vague and unenforceable. They recommended the change be discussed during community conversations regarding changes to the County Comprehensive Plan. The APC also conducted an online survey that indicated the lack of community-wide support for the change.
- Further, the details regarding electronic signs and messaging were not discussed. This proposed change was debated on social media and overwhelmingly rejected in 2018 and rescinded. It was proposed by the Music Center.
- Commissioners Pittman and Wolpert, whose terms expire Dec 31, 2024, voted to approve. Commissioner Sanders voted NO and criticized his colleagues for not allowing the new commissioners – who will take office in Jan 2025, to consider the changes.
- Background. Away a Day RV park was erroneously issued a permit for an internally LIT sign. After spending about 15K, they were told the permit was issued in error. Commissioner Wolpert then proposed requesting a special exception which was later changed to requesting an amendment to the ordinance.

Distribution – Excess Revenue from the Music Center. The commissioners tabled the vote to approve a change from 75% to the Foundation and 25% to the County to a 50/50Split. John Elliott from the Foundation requested that the commissioners reconsider their vote and will be placed on the agenda to suggest that they retain the 75/25 split.

Supporting Information