§ 36-1-28-2 — Digital billboard on county fairgrounds

(a) This section applies only to a county having
a consolidated city.
(b) As used in this section, "board" refers to the:
(1) board of directors of an agricultural fair society, association,
or corporation that is organized under IC 15-14-5; or
(2) county legislative body;
that owns a county fairgrounds or, by agreement with the owner,
operates the county fairgrounds and is the owner's authorized agent in
the placement of a digital billboard under this chapter.
(c) As used in this section, "property" means the real property that
is part of a county fairgrounds.
(d) Notwithstanding any ordinance adopted under IC 36-7-4, but
subject to subsection (e), the board may place one (1) digital billboard
on the property at a location that is:
(1) selected by the board; and
(2) outside the public right-of-way.
(e) The board is subject to any restriction, approval, or other
requirement of IC 8-23-20 that applies to the placement of the digital
billboard.
(f) The board must provide written notice at least ninety (90) days
before installation of the billboard to the following:
(1) The plan commission, if the property is within the jurisdiction
of a plan commission.
(2) The legislative body of:
(A) any municipality in which the property is located; and
(B) the county in which the property is located, in the case of a
board described in subsection (b)(1).
(g) The board must conduct a public hearing in which the board
receives public comment regarding the digital billboard not earlier than
ninety (90) days before the digital billboard is installed.
(h) The owner of the property shall receive any revenue from a lease
of the property to the digital billboard's owner for the placement of the
digital billboard on the property.

Legislative History

As added by P.L.97-2022, SEC.5.