BZA can consider sign’s aesthetics, property value impact, and size in ruling on petitions for special exceptions

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UNPUBLISHED
View Outdoor Advertising, LLC (“View Outdoor”), appeals from the trial court’s affirmance of a decision of the Porter County Board of Zoning Appeals (“BZA”) denying it special exceptions for four billboards. On appeal, View Outdoor contends that the agency’s decision was based upon improper considerations and that several of the BZA’s findings were not supported by substantial evidence and explanations by the BZA.
Conclusion (slip op. at 16-17):  We conclude that aesthetics, the impact upon adjacent properties’ values, and the size of a proposed billboard are all appropriate considerations for the BZA when ruling upon petitions for special exceptions and that the BZA’s findings regarding these considerations are supported by sufficient evidence and explanations. We also conclude that the BZA’s consideration of the impact of one of the billboards upon public safety was based upon sufficient evidence. The BZA’s decision to deny View Outdoor’s four special exception applications was not arbitrary and capricious. We therefore affirm.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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