Warrick County BZA approves special use for electronic message center but denies variances, blocking sign build

The Warrick County Board of Zoning Appeals voted to approve a special use to allow a 12‑by‑24 electronic message center (off‑premise digital sign) at 4466 Lynn Road, but then rejected three separate variances the applicant said were necessary to build the structure.

Property owner Richard Madlin (speaker 14) and Danny Marler (speaker 8), a real‑estate representative for Robinson Outdoor, presented the application and explained the sign would be a two‑sided, v‑shaped electronic message center. Robinson Outdoor said it had obtained or pursued required state permits and that the design accounts for wind loads and emergency‑alert use. “We understand the state permits and the engineering design that we support,” the company representative said.

Andy Morris (speaker 15), representing Lamar Advertising, urged the board to deny spacing relaxations to avoid setting precedent. “The quickest way to go from Boonville to Booneville is to break the sign code,” Morris told the board, arguing that shortening the required 1,000‑foot spacing would invite competing requests.

Board members discussed safety and technical questions — including the 75‑foot controlled‑access setback the ordinance requires, a proposed reduction to roughly 18 feet, whether portions of the sign would overhang a building, and whether INDOT approval affected the county’s decision. Staff indicated the county engineer had reviewed entrance impacts and that INDOT had a permit on file for some items.

The board approved the special‑use item allowing the electronic message center, but in subsequent votes denied each of the variances requested that would have relaxed: (1) the 1,000‑foot spacing requirement between billboards; (2) the 75‑foot minimum setback from a controlled‑access right of way (requested reduction to roughly 18 feet); and (3) the 10‑foot separation requirement between structures. Because the variances were rejected, staff told the hearing that the project cannot proceed as proposed without further approvals or redesign.

What happens next: the applicant may seek alternative locations, revise the plan to meet existing setbacks and spacing, or appeal or reapply with different variance requests. The record shows the board voting on each variance after the special use and rejecting them in separate recorded votes.

The board then proceeded to other agenda items.