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First Substitute S.B. 136
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6 Cosponsors:
7 Scott K. JenkinsMichael G. Waddoups 8
9 LONG TITLE
10 General Description:
11 This bill amends provisions related to a billboard and electronic or mechanical
12 changeable message sign.
13 Highlighted Provisions:
14 This bill:
15 . amends language related to a municipal or county review of a land use application;
16 . prohibits a municipality or county from enacting or enforcing certain billboard
17 ordinances;
18 . requires a municipality or county to follow the requirements of Title 78B, Chapter
19 6, Part 5, Eminent Domain, when terminating a billboard owner's billboard or
20 associated rights;
21 . prohibits a municipality or county from preventing a billboard owner from taking
22 certain actions unless the municipality or county commences eminent domain
23 proceedings;
24 . enacts language related to attorney fees;
25 . prohibits a municipality or county from making certain requirements of a billboard
26 owner or a person who has a lease with a billboard owner;
27 . enacts language related to an arbitration between a municipality or a county and a
28 billboard owner;
29 . defines terms;
30 . amends provisions related to an electronic or mechanical changeable message sign;
31 . enacts language related to the obstruction of an outdoor advertising sign;
32 . prohibits a political subdivision from exercising the right of eminent domain to
33 terminate a billboard owner's billboard structure or associated rights in certain
34 circumstances; and
35 . makes technical corrections.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 10-9a-509.5, as last amended by Laws of Utah 2010, Chapter 378
43 10-9a-511, as last amended by Laws of Utah 2011, Chapter 210
44 10-9a-512, as renumbered and amended by Laws of Utah 2005, Chapter 254
45 10-9a-513, as last amended by Laws of Utah 2009, Chapters 170 and 233
46 17-27a-509.5, as last amended by Laws of Utah 2008, Chapter 112
47 17-27a-510, as last amended by Laws of Utah 2009, Chapter 170
48 17-27a-511, as renumbered and amended by Laws of Utah 2005, Chapter 254
49 17-27a-512, as last amended by Laws of Utah 2009, Chapters 170 and 233
50 72-7-502, as last amended by Laws of Utah 2011, Chapter 346
51 72-7-505, as last amended by Laws of Utah 2011, Chapter 346
52 72-7-508, as last amended by Laws of Utah 2011, Chapter 346
53 72-7-510, as last amended by Laws of Utah 2008, Chapter 3
54 72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
55 78B-6-501, as last amended by Laws of Utah 2011, Chapter 82
56 ENACTS:
57 10-9a-513.5, Utah Code Annotated 1953
58 17-27a-512.5, Utah Code Annotated 1953
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 10-9a-509.5 is amended to read:
62 10-9a-509.5. Review for application completeness -- Substantive application
63 review -- Reasonable diligence required for determination of whether improvements or
64 warranty work meets standards -- Money damages claim prohibited.
65 (1) (a) Each municipality shall, in a timely manner, determine whether an application is
66 complete for the purposes of subsequent, substantive land use authority review.
67 (b) After a reasonable period of time to allow the municipality diligently to evaluate
68 whether all objective ordinance-based application criteria have been met, if application fees
69 have been paid, the applicant may in writing request that the municipality provide a written
70 determination either that the application is:
71 (i) complete for the purposes of allowing subsequent, substantive land use authority
72 review; or
73 (ii) deficient with respect to a specific, objective, ordinance-based application
74 requirement.
75 (c) Within 30 days of receipt of an applicant's request under this section, the
76 municipality shall either:
77 (i) mail a written notice to the applicant advising that the application is deficient with
78 respect to a specified, objective, ordinance-based criterion, and stating that the application shall
79 be supplemented by specific additional information identified in the notice; or
80 (ii) accept the application as complete for the purposes of further substantive
81 processing by the land use authority.
82 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
83 shall be considered complete, for purposes of further substantive land use authority review.
84 (e) (i) The applicant may raise and resolve in a single appeal any determination made
85 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
86 period of time has elapsed under Subsection (1)(a).
87 (ii) The appeal authority shall issue a written decision for any appeal requested under
88 this Subsection (1)(e).
89 (f) (i) The applicant may appeal to district court the decision of the appeal authority
90 made under Subsection (1)(e).
91 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
92 the written decision.
93 (2) (a) Each land use authority shall substantively review a complete application and an
94 application considered complete under Subsection (1)(d), and shall approve or deny each
95 application with reasonable diligence.
96 (b) After a reasonable period of time to allow the land use authority to consider an
97 application, the applicant may in writing request that the land use authority take final action
98 within 45 days from date of service of the written request.
99 (c) The land use authority shall take final action, approving or denying the application
100 within 45 days of the written request.
101 (d) If the land use authority denies an application processed under the mandates of
102 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
103 land use authority shall include its reasons for denial in writing, on the record, which may
104 include the official minutes of the meeting in which the decision was rendered.
105 (e) If the land use authority fails to comply with Subsection (2)(c)[
106 (i) the applicant may appeal this failure to district court within 30 days of:
107 (A) the written decision; or
108 (B) the date on which the land use authority is required to take final action under
109 Subsection (2)(c)[
110 (ii) if an applicant is an owner of a billboard, the applicant may elect to pursue the
111 provisions of Section 10-9a-513.5 .
112 (f) If a billboard owner files an appeal under Subsection (2)(e)(i):
113 (i) the district court may consider only those reasons for denial that have been issued in
114 writing by the land use authority;
115 (ii) the land use authority may not advance or argue any reason why the application
116 should be denied other than a reason set forth in Subsection (2)(d);
117 (iii) the district court shall enter a judgment approving or denying the application; and
118 (iv) if the district court enters a judgment approving the application, the court shall
119 award the applicant attorney fees, costs, and expenses incurred on appeal.
120 (3) (a) With reasonable diligence, each land use authority shall determine whether the
121 installation of required subdivision improvements or the performance of warranty work meets
122 the municipality's adopted standards.
123 (b) (i) An applicant may in writing request the land use authority to accept or reject the
124 applicant's installation of required subdivision improvements or performance of warranty work.
125 (ii) The land use authority shall accept or reject subdivision improvements within 15
126 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
127 practicable after that 15-day period if inspection of the subdivision improvements is impeded
128 by winter weather conditions.
129 (iii) The land use authority shall accept or reject the performance of warranty work
130 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
131 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
132 winter weather conditions.
133 (c) If a land use authority determines that the installation of required subdivision
134 improvements or the performance of warranty work does not meet the municipality's adopted
135 standards, the land use authority shall comprehensively and with specificity list the reasons for
136 its determination.
137 [
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139
140 [
141 section.
142 Section 2. Section 10-9a-511 is amended to read:
143 10-9a-511. Nonconforming uses and noncomplying structures.
144 (1) (a) Except as provided in this section, a nonconforming use or noncomplying
145 structure may be continued by the present or a future property owner.
146 (b) A nonconforming use may be extended through the same building, provided no
147 structural alteration of the building is proposed or made for the purpose of the extension.
148 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
149 building is not a structural alteration.
150 (2) The legislative body may provide for:
151 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
152 substitution of nonconforming uses upon the terms and conditions set forth in the land use
153 ordinance;
154 (b) the termination of all nonconforming uses, except billboards, by providing a
155 formula establishing a reasonable time period during which the owner can recover or amortize
156 the amount of his investment in the nonconforming use, if any; and
157 (c) the termination of a nonconforming use due to its abandonment.
158 (3) (a) A municipality may not prohibit the reconstruction or restoration of a
159 noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
160 destroyed in whole or in part due to fire or other calamity unless the structure or use has been
161 abandoned.
162 (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
163 structure or terminate the nonconforming use of a structure if:
164 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
165 uninhabitable and is not repaired or restored within six months after written notice to the
166 property owner that the structure is uninhabitable and that the noncomplying structure or
167 nonconforming use will be lost if the structure is not repaired or restored within six months; or
168 (ii) the property owner has voluntarily demolished a majority of the noncomplying
169 structure or the building that houses the nonconforming use.
170 (c) (i) Notwithstanding a prohibition in its zoning ordinance, a municipality may
171 permit a billboard owner to relocate the billboard within the municipality's boundaries to a
172 location that is mutually acceptable to the municipality and the billboard owner.
173 (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
174 location within 90 days after the owner submits a written request to relocate the billboard, the
175 [
176 specified in Subsection 10-9a-513 (2)(a)(iv) [
177 eminent domain proceedings in accordance with the provisions of Section 10-9a-512 within 90
178 days after the day that the billboard owner submits a written request to relocate the billboard.
179 (d) (i) Except as provided in Subsection (3)(e), a municipality may not enact or enforce
180 an ordinance that prevents an owner of an existing nonconforming or conforming billboard
181 from upgrading that billboard to an electronic or mechanical changeable message sign that
182 operates in conformance with Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
183 (ii) A municipality may not enact or enforce an ordinance that forces an owner of an
184 existing nonconforming or conforming billboard to forfeit any other billboard owned by the
185 same owner in order to upgrade the existing nonconforming or conforming billboard to an
186 electronic or mechanical changeable message sign that operates in conformance with Title 72,
187 Chapter 7, Part 5, Utah Outdoor Advertising Act.
188 (e) A municipality may, subject to Subsection (3)(f), impose a midnight to 6 a.m.
189 curfew on the operation of an electronic or mechanical changeable message sign.
190 (f) A municipality may not impose the curfew described in Subsection (3)(e) unless:
191 (i) the electronic or mechanical changeable message sign is located outside of an area
192 governed by the Highway Beautification Act of 1965, Pub. L. No. 89-285, 79 Stat. 1028, or the
193 Utah-Federal Agreement, as defined in Section 72-7-515 ; and
194 (ii) the face of the electronic or mechanical changeable message sign:
195 (A) is within 150 feet of the outer edge of an existing residential dwelling structure that
196 is legally occupied and located on property zoned exclusively for residential purposes; and
197 (B) is oriented toward the structure described in Subsection (3)(f)(ii)(A).
198 (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
199 legal existence for nonconforming uses, the property owner shall have the burden of
200 establishing the legal existence of a noncomplying structure or nonconforming use.
201 (b) Any party claiming that a nonconforming use has been abandoned shall have the
202 burden of establishing the abandonment.
203 (c) Abandonment may be presumed to have occurred if:
204 (i) a majority of the primary structure associated with the nonconforming use has been
205 voluntarily demolished without prior written agreement with the municipality regarding an
206 extension of the nonconforming use;
207 (ii) the use has been discontinued for a minimum of one year; or
208 (iii) the primary structure associated with the nonconforming use remains vacant for a
209 period of one year.
210 (d) The property owner may rebut the presumption of abandonment under Subsection
211 (4)(c), and shall have the burden of establishing that any claimed abandonment under
212 Subsection (4)(b) has not in fact occurred.
213 (5) A municipality may terminate the nonconforming status of a school district or
214 charter school use or structure when the property associated with the school district or charter
215 school use or structure ceases to be used for school district or charter school purposes for a
216 period established by ordinance.
217 (6) A municipal ordinance adopted under Section 10-1-203 may not:
218 (a) require physical changes in a structure with a legal nonconforming rental housing
219 use unless the change is for:
220 (i) the reasonable installation of:
221 (A) a smoke detector that is plugged in or battery operated;
222 (B) a ground fault circuit interrupter protected outlet on existing wiring;
223 (C) street addressing;
224 (D) except as provided in Subsection (7), an egress bedroom window if the existing
225 bedroom window is smaller than that required by current state building code;
226 (E) an electrical system or a plumbing system, if the existing system is not functioning
227 or is unsafe as determined by an independent electrical or plumbing professional who is
228 licensed in accordance with Title 58, Occupations and Professions;
229 (F) hand or guard rails; or
230 (G) occupancy separation doors as required by the International Residential Code; or
231 (ii) the abatement of a structure; or
232 (b) be enforced to terminate a legal nonconforming rental housing use.
233 (7) A municipality may not require a change described in Subsection (6)(a)(i)(D) if the
234 change:
235 (a) would compromise the structural integrity of a building; or
236 (b) could not be completed in accordance with current building codes, including
237 set-back and window well requirements.
238 (8) A legal nonconforming rental housing use may not be terminated under Section
239 10-1-203 .
240 Section 3. Section 10-9a-512 is amended to read:
241 10-9a-512. Termination of a billboard and associated rights -- Eminent domain.
242 (1) A municipality may only require termination of a billboard and associated property
243 rights through:
244 (a) gift;
245 (b) purchase;
246 (c) agreement;
247 (d) exchange; or
248 (e) subject to Subsection (3), eminent domain.
249 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
250 of the billboard owner.
251 (3) If a municipality terminates a billboard owner's billboard or associated rights
252 through eminent domain, the municipality shall exercise the right of eminent domain in
253 accordance with and subject to the requirements of Title 78B, Chapter 6, Part 5, Eminent
254 Domain.
255 Section 4. Section 10-9a-513 is amended to read:
256 10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
257 without providing compensation -- Limit on allowing nonconforming billboards to be
258 rebuilt or replaced -- Validity of municipal permit after issuance of state permit -- Just
259 compensation in eminent domain proceeding -- Municipal conditions on billboard
260 prohibited.
261 (1) As used in this section:
262 (a) "Clearly visible" means capable of being [
263 occupant of a vehicle traveling on a street or highway within the visibility area.
264 (b) "Highest allowable height" means:
265 (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
266 height under Subsection (1)(b)(ii), the height allowed by the municipality; or
267 (ii) (A) for a noninterstate billboard:
268 (I) if the height of the previous use or structure is 45 feet or higher, the height of the
269 previous use or structure; or
270 (II) if the height of the previous use or structure is less than 45 feet, the height of the
271 previous use or structure or the height to make the entire advertising content of the billboard
272 clearly visible, whichever is higher, but no higher than 45 feet; and
273 (B) for an interstate billboard:
274 (I) if the height of the previous use or structure is at or above the interstate height, the
275 height of the previous use or structure; or
276 (II) if the height of the previous use or structure is less than the interstate height, the
277 height of the previous use or structure or the height to make the entire advertising content of
278 the billboard clearly visible, whichever is higher, but no higher than the interstate height.
279 (c) "Interstate billboard" means a billboard that is intended to be viewed from a
280 highway that is an interstate.
281 (d) "Interstate height" means a height that is the higher of:
282 (i) 65 feet above the ground; and
283 (ii) 25 feet above the grade of the interstate.
284 (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
285 street or highway that is not an interstate.
286 (f) "Visibility area" means the area on a street or highway that is:
287 (i) defined at one end by a line extending from the base of the billboard across all lanes
288 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
289 (ii) defined on the other end by a line extending across all lanes of traffic of the street
290 or highway in a plane that is:
291 (A) perpendicular to the street or highway; and
292 (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
293 (II) for a noninterstate billboard, 300 feet from the base of the billboard.
294 (2) (a) A municipality [
295
296 prevent a billboard owner from taking one or any of the following actions unless the
297 municipality has first commenced, subject to Subsection (2)(b)(i), eminent domain proceedings
298 as described in Section 10-9a-512 :
299 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
300 by casualty, an act of God, or vandalism;
301 (ii) except as provided in Subsection (2)[
302 structure, or taking other measures, to correct a mistake in the placement or erection of a
303 billboard for which the municipality has issued a permit, if the proposed relocation, rebuilding,
304 or other measure is consistent with the intent of that permit;
305 (iii) structurally modifying or upgrading a billboard;
306 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
307 within the municipality's boundaries, if:
308 (A) the relocated billboard is:
309 (I) within 5,280 feet of its previous location; and
310 (II) no closer than:
311 (Aa) 300 feet from an off-premise sign existing on the same side of the street or
312 highway; or
313 (Bb) if the street or highway is an interstate or limited access highway that is subject to
314 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that act
315 between the relocated billboard and an off-premise sign existing on the same side of the
316 interstate or limited access highway; and
317 (B) (I) the billboard owner has submitted a written request under Subsection
318 10-9a-511 (3)(c); and
319 (II) the municipality and billboard owner are unable to agree, within the time provided
320 in Subsection 10-9a-511 (3)(c), to a mutually acceptable location; [
321 (v) making the following modifications, as the billboard owner determines, to a
322 billboard that is structurally modified or upgraded under Subsection (2)(a)(iii) or relocated
323 under Subsection (2)(a)(iv):
324 (A) erecting the billboard:
325 (I) to the highest allowable height; and
326 (II) as the owner determines, to an angle that makes the entire advertising content of
327 the billboard clearly visible; and
328 (B) installing a sign face on the billboard that is at least the same size as, but no larger
329 than, the sign face on the billboard before its relocation[
330 (vi) exercising a right granted to a billboard owner under the provisions of Title 72,
331 Chapter 7, Part 5, Utah Outdoor Advertising Act.
332 (b) (i) Notwithstanding Subsection (2)(a), a municipality may not commence eminent
333 domain proceedings to prevent a billboard owner from upgrading a billboard to an electronic or
334 mechanical changeable message sign.
335 [
336 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
337 (c) A [
338 relocate or rebuild a billboard structure, or to take other measures, in order to correct a mistake
339 in the placement or erection of a billboard [
340 without commencing eminent domain proceedings under Subsection (2)(a) if the mistake in
341 placement or erection of the billboard is determined by clear and convincing evidence to have
342 resulted from an intentionally false or misleading statement:
343 (i) by the billboard applicant in the application; and
344 (ii) regarding the placement or erection of the billboard.
345 (d) If a municipality [
346 billboard structure by eminent domain under Subsection (2)(a) or any other provision of
347 applicable law, the municipality shall pay just compensation to the billboard owner in an
348 amount that is:
349 (i) the value of the existing billboard at a fair market capitalization rate, based on
350 actual annual revenue, less any annual rent expense;
351 (ii) the value of any other right associated with the billboard structure that is acquired;
352 (iii) the cost of the sign structure; and
353 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which the
354 billboard owner's interest is a part.
355 (3) Notwithstanding Subsection (2) and Section 10-9a-512 , a municipality may
356 [
357 (a) the municipality determines:
358 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
359 false or misleading statement in the applicant's application regarding the placement or erection
360 of the billboard; or
361 (ii) by substantial evidence that the billboard:
362 (A) is structurally unsafe;
363 (B) is in an unreasonable state of repair; or
364 (C) has been abandoned for at least 12 months;
365 (b) the municipality notifies the owner in writing that the owner's billboard meets one
366 or more of the conditions listed in Subsections (3)(a)(i) and (ii);
367 (c) the owner fails to remedy the condition or conditions within:
368 (i) except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
369 receipt of written notice under Subsection (3)(b); or
370 (ii) if the condition forming the basis of the municipality's intention to remove the
371 billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
372 because of a natural disaster, following the billboard owner's receipt of written notice under
373 Subsection (3)(b); and
374 (d) following the expiration of the applicable period under Subsection (3)(c) and after
375 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
376 the municipality finds:
377 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
378 a false or misleading statement in the application regarding the placement or erection of the
379 billboard; or
380 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
381 unreasonable state of repair, or has been abandoned for at least 12 months.
382 (4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
383 by anyone other than its owner or the owner acting through its contractors.
384 (5) A permit issued, extended, or renewed by a municipality for a billboard remains
385 valid from the time the municipality issues, extends, or renews the permit until 180 days after a
386 required state permit is issued for the billboard if:
387 (a) the billboard requires a state permit; and
388 (b) an application for the state permit is filed within 30 days after the municipality
389 issues, extends, or renews a permit for the billboard.
390 (6) A municipality may not require a billboard owner to remove or alter a billboard, or
391 require that a person who has a lease, easement, or other agreement with a billboard owner to
392 terminate or fail to renew that lease, easement, or other agreement as a condition of issuing or
393 approving:
394 (a) a permit;
395 (b) a license;
396 (c) a zone change;
397 (d) a variance;
398 (e) any land use entitlement; or
399 (f) any other land use approval or ordinance.
400 Section 5. Section 10-9a-513.5 is enacted to read:
401 10-9a-513.5. Billboard arbitration.
402 (1) (a) A billboard owner may challenge or dispute a decision, action, or failure to
403 timely act made by a municipality or land use authority concerning a billboard by serving a
404 notice of arbitration upon the municipality within the time for an appeal of that action or
405 inaction.
406 (b) A billboard owner need not exhaust administrative remedies available to the
407 billboard owner in order to pursue a remedy under this section.
408 (2) (a) A notice of arbitration shall set forth:
409 (i) the decision, action, or failure to act that is the subject of the arbitration; and
410 (ii) the name of the billboard owner's choice of an arbitrator.
411 (b) The municipality shall have 21 days after the day on which the municipality
412 receives a notice of arbitration to respond, in accordance with Subsection (2)(b), to the notice.
413 (i) The municipality's response shall:
414 (A) set forth the reasons, if any, for the municipality's decision, action, or failure to act;
415 and
416 (B) include a statement of agreement or disagreement with the billboard owner's choice
417 of arbitrator.
418 (ii) If the municipality does not agree to the billboard owner's selected arbitrator, the
419 municipality shall submit its own choice of arbitrator in the municipality's response to the
420 notice of arbitration.
421 (iii) If the billboard owner and municipality cannot agree on a single arbitrator, a panel
422 of three arbitrators will conduct the arbitration with each party's chosen arbitrator selecting the
423 third arbitrator.
424 (iv) If the municipality fails to timely serve a complete response, in accordance with
425 Subsection (2)(b)(i), to a notice of arbitration under Subsection (2)(b), the billboard owner's
426 land use application shall be deemed approved and all associated permits shall be issued upon
427 payment of the required fees.
428 (3) (a) An arbitration under this section shall commence:
429 (i) within 30 days of a municipality timely serving its response to the notice of
430 arbitration; or
431 (ii) if the arbitration is conducted by a panel of arbitrators in accordance with
432 Subsection (2)(b)(iii), within 45 days of a timely service of a municipality's response to the
433 notice of arbitration.
434 (b) Unless otherwise agreed to in writing:
435 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
436 under Subsection (2)(b); or
437 (ii) if an arbitration panel is selected under Subsection (2)(b)(iii):
438 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
439 (B) each party shall pay an equal share of the fees and costs of the third arbitrator
440 selected in accordance with Subsection (2)(b)(iii).
441 (c) Except as otherwise provided in this section or unless otherwise agreed to in
442 writing by the parties, an arbitration proceeding conducted under this section is governed by
443 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
444 (4) An arbitration award issued under this section shall be:
445 (a) issued within 60 days of the commencement of the arbitration; and
446 (b) the final resolution of all claims related to the dispute unless:
447 (i) the award is procured by corruption, fraud, or other undue means; or
448 (ii) either party, within 20 days after issuance of the arbitration award, files a complaint
449 requesting a trial de novo in the district court.
450 (5) Upon filing a complaint for a trial de novo under Subsection (4)(b)(ii), a claim shall
451 proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
452 Evidence in the district court.
453 (a) The arbitration award may not be offered as evidence in a trial de novo under
454 Subsection (4)(b)(ii), except as provided in Subsection (6).
455 (b) The court may not presume that the municipality's decision, inaction, or action is
456 valid.
457 (c) (i) Subject to Subsection (5)(c)(ii), the court may accept evidence.
458 (ii) In reviewing a decision to deny a billboard owner's land use application, the
459 municipality may not argue any reasons why the application should be denied other those set
460 forth in the written decision required by Subsection 10-9a-509.5 (2)(e)(i)(A).
461 (6) A party to a trial de novo under Subsection (4)(b)(ii) that prevails at both the trial
462 de novo and the arbitration conducted under Subsection (3) shall be entitled to attorney fees,
463 costs, and expenses incurred in the arbitration and the trial de novo.
464 (a) A party may not offer an arbitration award issued in accordance with Subsection (4)
465 as evidence to the district court unless the award is offered as evidence in a motion for attorney
466 fees, costs, and expenses as described in Subsection (6).
467 (b) An order resulting from a motion for attorney fees, costs, and expenses under
468 Subsection (6)(a) is a final judgment under Rule 54 of the Utah Rules of Civil Procedure.
469 Section 6. Section 17-27a-509.5 is amended to read:
470 17-27a-509.5. Review for application completeness -- Substantive application
471 review -- Reasonable diligence required for determination of whether improvements or
472 warranty work meets standards -- Money damages claim prohibited.
473 (1) (a) Each county shall, in a timely manner, determine whether an application is
474 complete for the purposes of subsequent, substantive land use authority review.
475 (b) After a reasonable period of time to allow the county diligently to evaluate whether
476 all objective ordinance-based application criteria have been met, if application fees have been
477 paid, the applicant may in writing request that the county provide a written determination either
478 that the application is:
479 (i) complete for the purposes of allowing subsequent, substantive land use authority
480 review; or
481 (ii) deficient with respect to a specific, objective, ordinance-based application
482 requirement.
483 (c) Within 30 days of receipt of an applicant's request under this section, the county
484 shall either:
485 (i) mail a written notice to the applicant advising that the application is deficient with
486 respect to a specified, objective, ordinance-based criterion, and stating that the application must
487 be supplemented by specific additional information identified in the notice; or
488 (ii) accept the application as complete for the purposes of further substantive
489 processing by the land use authority.
490 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
491 shall be considered complete, for purposes of further substantive land use authority review.
492 (e) (i) The applicant may raise and resolve in a single appeal any determination made
493 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
494 period of time has elapsed under Subsection (1)(a).
495 (ii) The appeal authority shall issue a written decision for any appeal requested under
496 this Subsection (1)(e).
497 (f) (i) The applicant may appeal to district court the decision of the appeal authority
498 made under Subsection (1)(e).
499 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
500 the written decision.
501 (2) (a) Each land use authority shall substantively review a complete application and an
502 application considered complete under Subsection (1)(d), and shall approve or deny each
503 application with reasonable diligence.
504 (b) After a reasonable period of time to allow the land use authority to consider an
505 application, the applicant may in writing request that the land use authority take final action
506 within 45 days from date of service of the written request.
507 (c) The land use authority shall take final action, approving or denying the application
508 within 45 days of the written request.
509 (d) If the land use authority denies an application processed under the mandates of
510 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
511 land use authority shall include its reasons for denial in writing, on the record, which may
512 include the official minutes of the meeting in which the decision was rendered.
513 (e) If the land use authority fails to comply with Subsection (2)(c)[
514 (i) the applicant may appeal this failure to district court within 30 days of:
515 (A) the written decision; or
516 (B) the date on which the land use authority should have taken final action under
517 Subsection (2)(c)[
518 (ii) if an applicant is an owner of a billboard, the applicant may elect to pursue the
519 provisions of Section 17-27a-512.5
520 (f) If a billboard owner files an appeal under Subsection (2)(e)(i):
521 (i) the district court may consider only those reasons for denial that have been issued in
522 writing by the land use authority;
523 (ii) the land use authority may not advance or argue any reason why the application
524 should be denied other than a reason set forth in Subsection (2)(d);
525 (iii) the district court shall enter a judgment approving or denying the application; and
526 (iv) if the district court enters a judgment approving the application, the court shall
527 award the applicant attorney fees, costs, and expenses incurred on appeal.
528 (3) (a) With reasonable diligence, each land use authority shall determine whether the
529 installation of required subdivision improvements or the performance of warranty work meets
530 the county's adopted standards.
531 (b) (i) An applicant may in writing request the land use authority to accept or reject the
532 applicant's installation of required subdivision improvements or performance of warranty work.
533 (ii) The land use authority shall accept or reject subdivision improvements within 15
534 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
535 practicable after that 15-day period if inspection of the subdivision improvements is impeded
536 by winter weather conditions.
537 (iii) The land use authority shall accept or reject the performance of warranty work
538 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
539 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
540 winter weather conditions.
541 (c) If a land use authority determines that the installation of required subdivision
542 improvements or the performance of warranty work does not meet the county's adopted
543 standards, the land use authority shall comprehensively and with specificity list the reasons for
544 its determination.
545 (4) Subject to Section 17-27a-508 , nothing in this section and no action or inaction of
546 the land use authority relieves an applicant's duty to comply with all applicable substantive
547 ordinances and regulations.
548 (5) There shall be no money damages remedy arising from a claim under this section.
549 Section 7. Section 17-27a-510 is amended to read:
550 17-27a-510. Nonconforming uses and noncomplying structures.
551 (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
552 structure may be continued by the present or a future property owner.
553 (b) A nonconforming use may be extended through the same building, provided no
554 structural alteration of the building is proposed or made for the purpose of the extension.
555 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
556 building is not a structural alteration.
557 (2) The legislative body may provide for:
558 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
559 substitution of nonconforming uses upon the terms and conditions set forth in the land use
560 ordinance;
561 (b) the termination of all nonconforming uses, except billboards, by providing a
562 formula establishing a reasonable time period during which the owner can recover or amortize
563 the amount of his investment in the nonconforming use, if any; and
564 (c) the termination of a nonconforming use due to its abandonment.
565 (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
566 structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
567 whole or in part due to fire or other calamity unless the structure or use has been abandoned.
568 (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
569 or terminate the nonconforming use of a structure if:
570 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
571 uninhabitable and is not repaired or restored within six months after written notice to the
572 property owner that the structure is uninhabitable and that the noncomplying structure or
573 nonconforming use will be lost if the structure is not repaired or restored within six months; or
574 (ii) the property owner has voluntarily demolished a majority of the noncomplying
575 structure or the building that houses the nonconforming use.
576 (c) (i) Notwithstanding a prohibition in its zoning ordinance, a county may permit a
577 billboard owner to relocate the billboard within the county's unincorporated area to a location
578 that is mutually acceptable to the county and the billboard owner.
579 (ii) If the county and billboard owner cannot agree to a mutually acceptable location
580 within 90 days after the owner submits a written request to relocate the billboard, the
581 [
582 Subsection 17-27a-512 (2)(a)(iv) [
583 proceedings in accordance with the provisions of Section 17-27a-511 within 90 days after the
584 day that the billboard owner submits a written request to relocate the billboard.
585 (d) (i) Except as provided in Subsection (3)(e), a county may not enact or enforce an
586 ordinance that prevents an owner of an existing nonconforming or conforming billboard from
587 upgrading that billboard to an electronic or mechanical changeable message sign that operates
588 in conformance with Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
589 (ii) A county may not enact or enforce an ordinance that forces an owner of an existing
590 nonconforming or conforming billboard to forfeit any other billboard owned by the same owner
591 in order to upgrade the existing nonconforming or conforming billboard to an electronic or
592 mechanical changeable message sign that operates in conformance with Title 72, Chapter 7,
593 Part 5, Utah Outdoor Advertising Act.
594 (e) A county may, subject to Subsection (3)(f), impose a midnight to 6 a.m. curfew on
595 the operation of an electronic or mechanical changeable message sign.
596 (f) A county may not impose the curfew described in Subsection (3)(e) unless:
597 (i) the electronic or mechanical changeable message sign is located outside of an area
598 governed by the Highway Beautification Act of 1965, Pub. L. No. 89-285, 79 Stat. 1028, or the
599 Utah-Federal Agreement, as defined in Section 72-7-515 ; and
600 (ii) the face of the electronic or mechanical changeable message sign:
601 (A) is within 150 feet of the outer edge of an existing residential dwelling structure that
602 is legally occupied and located on property zoned exclusively for residential purposes; and
603 (B) is oriented toward the structure described in Subsection (3)(f)(ii)(A).
604 (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
605 existence for nonconforming uses, the property owner shall have the burden of establishing the
606 legal existence of a noncomplying structure or nonconforming use.
607 (b) Any party claiming that a nonconforming use has been abandoned shall have the
608 burden of establishing the abandonment.
609 (c) Abandonment may be presumed to have occurred if:
610 (i) a majority of the primary structure associated with the nonconforming use has been
611 voluntarily demolished without prior written agreement with the county regarding an extension
612 of the nonconforming use;
613 (ii) the use has been discontinued for a minimum of one year; or
614 (iii) the primary structure associated with the nonconforming use remains vacant for a
615 period of one year.
616 (d) The property owner may rebut the presumption of abandonment under Subsection
617 (4)(c), and shall have the burden of establishing that any claimed abandonment under
618 Subsection (4)(c) has not in fact occurred.
619 (5) A county may terminate the nonconforming status of a school district or charter
620 school use or structure when the property associated with the school district or charter school
621 use or structure ceases to be used for school district or charter school purposes for a period
622 established by ordinance.
623 Section 8. Section 17-27a-511 is amended to read:
624 17-27a-511. Termination of a billboard and associated rights -- Eminent domain.
625 (1) A county may only require termination of a billboard and associated property rights
626 through:
627 (a) gift;
628 (b) purchase;
629 (c) agreement;
630 (d) exchange; or
631 (e) subject to Subsection (3), eminent domain.
632 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
633 of the billboard owner.
634 (3) If a county terminates a billboard owner's billboard or associated rights through
635 eminent domain, the county shall exercise the right of eminent domain in accordance with and
636 subject to the requirements of Title 78B, Chapter 6, Part 5, Eminent Domain.
637 Section 9. Section 17-27a-512 is amended to read:
638 17-27a-512. County's acquisition of billboard by eminent domain -- Removal
639 without providing compensation -- Limit on allowing nonconforming billboard to be
640 rebuilt or replaced -- Validity of county permit after issuance of state permit -- Just
641 compensation in eminent domain proceeding -- County conditions on billboard
642 prohibited.
643 (1) As used in this section:
644 (a) "Clearly visible" means capable of being [
645 occupant of a vehicle traveling on a street or highway within the visibility area.
646 (b) "Highest allowable height" means:
647 (i) if the height allowed by the county, by ordinance or consent, is higher than the
648 height under Subsection (1)(b)(ii), the height allowed by the county; or
649 (ii) (A) for a noninterstate billboard:
650 (I) if the height of the previous use or structure is 45 feet or higher, the height of the
651 previous use or structure; or
652 (II) if the height of the previous use or structure is less than 45 feet, the height of the
653 previous use or structure or the height to make the entire advertising content of the billboard
654 clearly visible, whichever is higher, but no higher than 45 feet; and
655 (B) for an interstate billboard:
656 (I) if the height of the previous use or structure is at or above the interstate height, the
657 height of the previous use or structure; or
658 (II) if the height of the previous use or structure is less than the interstate height, the
659 height of the previous use or structure or the height to make the entire advertising content of
660 the billboard clearly visible, whichever is higher, but no higher than the interstate height.
661 (c) "Interstate billboard" means a billboard that is intended to be viewed from a
662 highway that is an interstate.
663 (d) "Interstate height" means a height that is the higher of:
664 (i) 65 feet above the ground; and
665 (ii) 25 feet above the grade of the interstate.
666 (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
667 street or highway that is not an interstate.
668 (f) "Visibility area" means the area on a street or highway that is:
669 (i) defined at one end by a line extending from the base of the billboard across all lanes
670 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
671 (ii) defined on the other end by a line extending across all lanes of traffic of the street
672 or highway in a plane that is:
673 (A) perpendicular to the street or highway; and
674 (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
675 (II) for a noninterstate billboard, 300 feet from the base of the billboard.
676 (2) (a) A county [
677
678 owner from taking one or any of the following actions unless the county has first commenced,
679 subject to Subsection (2)(b)(i), eminent domain proceedings as described in Section
680 17-27a-511 :
681 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
682 by casualty, an act of God, or vandalism;
683 (ii) except as provided in Subsection (2)[
684 structure, or taking other measures, to correct a mistake in the placement or erection of a
685 billboard for which the county has issued a permit, if the proposed relocation, rebuilding, or
686 other measure is consistent with the intent of that permit;
687 (iii) structurally modifying or upgrading a billboard;
688 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
689 within the unincorporated area of the county, if:
690 (A) the relocated billboard is:
691 (I) within 5,280 feet of its previous location; and
692 (II) no closer than:
693 (Aa) 300 feet from an off-premise sign existing on the same side of the street or
694 highway; or
695 (Bb) if the street or highway is an interstate or limited access highway that is subject to
696 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that act
697 between the relocated billboard and an off-premise sign existing on the same side of the
698 interstate or limited access highway; and
699 (B) (I) the billboard owner has submitted a written request under Subsection
700 17-27a-510 (3)(c); and
701 (II) the county and billboard owner are unable to agree, within the time provided in
702 Subsection 17-27a-510 (3)(c), to a mutually acceptable location; [
703 (v) making the following modifications, as the billboard owner determines, to a
704 billboard that is structurally modified or upgraded under Subsection (2)(a)(iii) or relocated
705 under Subsection (2)(a)(iv):
706 (A) erecting the billboard:
707 (I) to the highest allowable height; and
708 (II) as the owner determines, to an angle that makes the entire advertising content of
709 the billboard clearly visible; and
710 (B) installing a sign face on the billboard that is at least the same size as, but no larger
711 than, the sign face on the billboard before its relocation[
712 (vi) exercising a right granted to a billboard owner under the provisions of Title 72,
713 Chapter 7, Part 5, Utah Outdoor Advertising Act.
714 (b) (i) Notwithstanding Subsection (2)(a), a county may not commence eminent
715 domain proceedings to prevent a billboard owner from upgrading a billboard to an electronic or
716 mechanical changeable message sign.
717 [
718 Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
719 (c) A [
720 rebuild a billboard structure, or to take other measures, in order to correct a mistake in the
721 placement or erection of a billboard [
722 without commencing eminent domain proceedings under Subsection (2)(a) if the mistake in
723 placement or erection of the billboard is determined by clear and convincing evidence to have
724 resulted from an intentionally false or misleading statement:
725 (i) by the billboard applicant in the application; and
726 (ii) regarding the placement or erection of the billboard.
727 (d) If a county [
728 structure by eminent domain under Subsection [
729 law, the county shall pay just compensation to the billboard owner in an amount that is:
730 (i) the value of the existing billboard at a fair market capitalization rate, based on
731 actual annual revenue, less any annual rent expense;
732 (ii) the value of any other right associated with the billboard structure that is acquired;
733 (iii) the cost of the sign structure; and
734 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which the
735 billboard owner's interest is a part.
736 (3) Notwithstanding Subsection (2) and Section 17-27a-511 , a county may [
737 require that a billboard owner remove a billboard without providing compensation if:
738 (a) the county determines:
739 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
740 false or misleading statement in the applicant's application regarding the placement or erection
741 of the billboard; or
742 (ii) by substantial evidence that the billboard:
743 (A) is structurally unsafe;
744 (B) is in an unreasonable state of repair; or
745 (C) has been abandoned for at least 12 months;
746 (b) the county notifies the owner in writing that the owner's billboard meets one or
747 more of the conditions listed in Subsections (3)(a)(i) and (ii);
748 (c) the owner fails to remedy the condition or conditions within:
749 (i) except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
750 receipt of written notice under Subsection (3)(b); or
751 (ii) if the condition forming the basis of the county's intention to remove the billboard
752 is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
753 natural disaster, following the billboard owner's receipt of written notice under Subsection
754 (3)(b); and
755 (d) following the expiration of the applicable period under Subsection (3)(c) and after
756 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
757 the county finds:
758 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
759 a false or misleading statement in the application regarding the placement or erection of the
760 billboard; or
761 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
762 unreasonable state of repair, or has been abandoned for at least 12 months.
763 (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
764 anyone other than its owner or the owner acting through its contractors.
765 (5) A permit issued, extended, or renewed by a county for a billboard remains valid
766 from the time the county issues, extends, or renews the permit until 180 days after a required
767 state permit is issued for the billboard if:
768 (a) the billboard requires a state permit; and
769 (b) an application for the state permit is filed within 30 days after the county issues,
770 extends, or renews a permit for the billboard.
771 (6) A county may not require that a billboard owner remove or alter a billboard, or
772 require that a person who has a lease, easement, or other agreement with a billboard owner
773 terminate or fail to renew that lease, easement, or other agreement as a condition of issuing or
774 approving:
775 (a) a permit;
776 (b) a license;
777 (c) a zone change;
778 (d) a variance;
779 (e) any land use entitlement; or
780 (f) any other land use approval or ordinance.
781 Section 10. Section 17-27a-512.5 is enacted to read:
782 17-27a-512.5. Billboard arbitration.
783 (1) (a) A billboard owner may challenge or dispute a decision, action, or failure to
784 timely act made by a county or land use authority concerning a billboard by serving a notice of
785 arbitration upon the county within the time for an appeal of that action or inaction.
786 (b) A billboard owner need not exhaust administrative remedies available to the
787 billboard owner in order to pursue a remedy under this section.
788 (2) (a) A notice of arbitration shall set forth:
789 (i) the decision, action, or failure to act that is the subject of the arbitration; and
790 (ii) the name of the billboard owner's choice of an arbitrator.
791 (b) The county shall have 21 days after the day on which the county receives a notice
792 of arbitration to respond, in accordance with Subsection (2)(b), to the notice.
793 (i) The county's response shall:
794 (A) set forth the reasons, if any, for the county's decision, action, or failure to act; and
795 (B) include a statement of agreement or disagreement with the billboard owner's choice
796 of arbitrator.
797 (ii) If the county does not agree to the billboard owner's selected arbitrator, the county
798 shall submit its own choice of arbitrator in the county's response to the notice of arbitration.
799 (iii) If the billboard owner and county cannot agree on a single arbitrator, a panel of
800 three arbitrators will conduct the arbitration with each party's chosen arbitrator selecting the
801 third arbitrator.
802 (iv) If the county fails to timely serve a complete response, in accordance with
803 Subsection (2)(b)(i), to a notice of arbitration under Subsection (2)(b), the billboard owner's
804 land use application shall be deemed approved and all associated permits shall be issued upon
805 payment of the required fees.
806 (3) (a) An arbitration under this section shall commence:
807 (i) within 30 days of a county timely serving its response to the notice of arbitration; or
808 (ii) if the arbitration is conducted by a panel of arbitrators in accordance with
809 Subsection (2)(b)(iii), within 45 days of a timely service of a county's response to the notice of
810 arbitration.
811 (b) Unless otherwise agreed to in writing:
812 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
813 under Subsection (2)(b); or
814 (ii) if an arbitration panel is selected under Subsection (2)(b)(iii):
815 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
816 (B) each party shall pay an equal share of the fees and costs of the third arbitrator
817 selected in accordance with Subsection (2)(b)(iii).
818 (c) Except as otherwise provided in this section or unless otherwise agreed to in
819 writing by the parties, an arbitration proceeding conducted under this section is governed by
820 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
821 (4) An arbitration award issued under this section shall be:
822 (a) issued within 60 days of the commencement of the arbitration; and
823 (b) the final resolution of all claims related to the dispute unless:
824 (i) the award is procured by corruption, fraud, or other undue means; or
825 (ii) either party, within 20 days after issuance of the arbitration award, files a complaint
826 requesting a trial de novo in the district court.
827 (5) Upon filing a complaint for a trial de novo under Subsection (4)(b)(ii), a claim shall
828 proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
829 Evidence in the district court.
830 (a) The arbitration award may not be offered as evidence in a trial de novo under
831 Subsection (4)(b)(ii), except as provided in Subsection (6).
832 (b) The court may not presume that the county's decision, inaction, or action is valid.
833 (c) (i) Subject to Subsection (5)(c)(ii), the court may accept evidence.
834 (ii) In reviewing a decision to deny a billboard owner's land use application, the county
835 may not argue any reasons why the application should be denied other those set forth in the
836 written decision required by Subsection 17-27a-509.5 (2)(e)(i)(A).
837 (6) A party to a trial de novo under Subsection (4)(b)(ii) that prevails at both the trial
838 de novo and the arbitration conducted under Subsection (3) shall be entitled to attorney fees,
839 costs, and expenses incurred in the arbitration and the trial de novo.
840 (a) A party may not offer an arbitration award issued in accordance with Subsection (4)
841 as evidence to the district court unless the award is offered as evidence in a motion for attorney
842 fees, costs, and expenses as described in Subsection (6).
843 (b) An order resulting from a motion for attorney fees, costs, and expenses under
844 Subsection (6)(a) is a final judgment under Rule 54 of the Utah Rules of Civil Procedure.
845 Section 11. Section 72-7-502 is amended to read:
846 72-7-502. Definitions.
847 As used in this part:
848 (1) "Clearly visible" means capable of being [
849 occupant of a vehicle traveling on the main traveled way of a street or highway within the
850 visibility area.
851 (2) "Commercial or industrial activities" means those activities generally recognized as
852 commercial or industrial by zoning authorities in this state, except that none of the following
853 are commercial or industrial activities:
854 (a) agricultural, forestry, grazing, farming, and related activities, including wayside
855 fresh produce stands;
856 (b) transient or temporary activities;
857 (c) activities not visible from the main-traveled way;
858 (d) activities conducted in a building principally used as a residence; and
859 (e) railroad tracks and minor sidings.
860 (3) (a) "Commercial or industrial zone" means only:
861 (i) those areas within the boundaries of cities or towns that are used or reserved for
862 business, commerce, or trade, or zoned as a highway service zone, under enabling state
863 legislation or comprehensive local zoning ordinances or regulations;
864 (ii) those areas within the boundaries of urbanized counties that are used or reserved
865 for business, commerce, or trade, or zoned as a highway service zone, under enabling state
866 legislation or comprehensive local zoning ordinances or regulations;
867 (iii) those areas outside the boundaries of urbanized counties and outside the
868 boundaries of cities and towns that:
869 (A) are used or reserved for business, commerce, or trade, or zoned as a highway
870 service zone, under comprehensive local zoning ordinances or regulations or enabling state
871 legislation; and
872 (B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
873 from the nearest point of the beginning or ending of the pavement widening at the exit from or
874 entrance to the main-traveled way; or
875 (iv) those areas outside the boundaries of urbanized counties and outside the
876 boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp,
877 or turnoff as measured from the nearest point of the beginning or ending of the pavement
878 widening at the exit from or entrance to the main-traveled way that are reserved for business,
879 commerce, or trade under enabling state legislation or comprehensive local zoning ordinances
880 or regulations, and are actually used for commercial or industrial purposes.
881 (b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
882 allowing outdoor advertising.
883 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
884 comprehensive plan required by Section 10-9a-401 , the municipal zoning plan authorized by
885 Section 10-9a-501 , and the county master plan authorized by Sections 17-27a-401 and
886 17-27a-501 . Property that is rezoned by comprehensive local zoning ordinances or regulations
887 is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor
888 advertising.
889 (5) "Directional signs" means signs containing information about public places owned
890 or operated by federal, state, or local governments or their agencies, publicly or privately
891 owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas
892 of natural scenic beauty or naturally suited for outdoor recreation, that the department considers
893 to be in the interest of the traveling public.
894 (6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create,
895 paint, draw, or in any other way bring into being.
896 (b) "Erect" does not include any activities defined in Subsection (6)(a) if they are
897 performed incident to the change of an advertising message or customary maintenance of a
898 sign.
899 ( 7) "Highway service zone" means a highway service area where the primary use of the
900 land is used or reserved for commercial and roadside services other than outdoor advertising to
901 serve the traveling public.
902 (8) "Information center" means an area or site established and maintained at rest areas
903 for the purpose of informing the public of:
904 (a) places of interest within the state; or
905 (b) any other information that the department considers desirable.
906 (9) "Interchange or intersection" means those areas and their approaches where traffic
907 is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes,
908 or feeder systems, from or to another federal, state, county, city, or other route.
909 (10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
910 (11) "Maintenance" means to repair, refurbish, repaint, upgrade, or otherwise [
911 operate an existing or upgraded sign structure in a safe manner and in a state suitable for use in
912 any manner not otherwise prohibited by this part, including signs destroyed by vandalism or an
913 act of God.
914 (12) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
915 acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and
916 ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
917 direction.
918 (13) "Major sponsor" means a sponsor of a public assembly facility or of a team or
919 event held at the facility where the amount paid by the sponsor to the owner of the facility, to
920 the team, or for the event is at least $100,000 per year.
921 (14) "Official signs and notices" means signs and notices erected and maintained by
922 public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
923 official duties or responsibilities in accordance with direction or authorization contained in
924 federal, state, or local law.
925 (15) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
926 H-1 and in areas determined by the department to be unzoned industrial or commercial that
927 advertise an activity, service, event, person, or product located on premises other than the
928 premises at which the advertising occurs.
929 (16) "On-premise signs" means signs used to advertise the major activities conducted
930 on the property where the sign is located.
931 (17) "Outdoor advertising" means any outdoor advertising structure or outdoor
932 structure used in combination with an outdoor advertising sign or outdoor sign within the
933 outdoor advertising corridor which is visible from a place on the main-traveled way of a
934 controlled route.
935 (18) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured
936 perpendicular from the edge of a controlled highway right-of-way.
937 (19) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
938 including any necessary devices, supports, appurtenances, and lighting that is part of or
939 supports an outdoor sign.
940 (20) "Point of widening" means the point of the gore or the point where the intersecting
941 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
942 than 2,640 feet from the center line of the intersecting highway of the interchange or
943 intersection at grade.
944 (21) "Public assembly facility" means a convention facility as defined under Section
945 59-12-602 and that:
946 (a) includes all contiguous interests in land, improvements, and utilities acquired,
947 constructed, and used in connection with the operation of the public assembly facility, whether
948 the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
949 and regardless of whether the interests are owned or operated by separate governmental
950 authorities or districts;
951 (b) is wholly or partially funded by public money;
952 (c) requires a person attending an event at the public assembly facility to purchase a
953 ticket or that otherwise charges for the use of the public assembly facility as part of its regular
954 operation; and
955 (d) has a minimum and permanent seating capacity of at least 10,000 people.
956 (22) "Public assembly facility sign" means a sign located on a public assembly facility
957 that only advertises the public assembly facility, major sponsors, events, the sponsors of events
958 held or teams playing at the facility, and products sold or services conducted at the facility.
959 (23) "Relocation" includes the removal of a sign from one situs together with the
960 erection of a new sign upon another situs in a commercial or industrial zoned area as a
961 substitute.
962 (24) "Relocation and replacement" means allowing all outdoor advertising signs or
963 permits the right to maintain outdoor advertising along the interstate, federal aid primary
964 highway existing as of June 1, 1991, and national highway system highways to be maintained
965 in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
966 widening of the highway systems.
967 (25) "Remodel" means the upgrading, changing, alteration, refurbishment,
968 modification, or complete substitution of a new outdoor advertising structure for one permitted
969 pursuant to this part and that is located in a commercial or industrial area.
970 (26) "Rest area" means an area or site established and maintained within or adjacent to
971 the right-of-way by or under public supervision or control for the convenience of the traveling
972 public.
973 (27) "Scenic or natural area" means an area determined by the department to have
974 aesthetic value.
975 (28) "Traveled way" means that portion of the roadway used for the movement of
976 vehicles, exclusive of shoulders and auxiliary lanes.
977 (29) (a) "Unzoned commercial or industrial area" means:
978 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
979 occupied by one or more industrial or commercial activities other than outdoor advertising
980 signs;
981 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
982 those activities; and
983 (iii) lands covering the same dimensions that are directly opposite those activities on
984 the other side of the highway, if the department determines that those lands on the opposite side
985 of the highway do not have scenic or aesthetic value.
986 (b) In measuring the scope of the unzoned commercial or industrial area, all
987 measurements shall be made from the outer edge of the regularly used buildings, parking lots,
988 storage, or processing areas of the activities and shall be along or parallel to the edge of
989 pavement of the highway.
990 (c) All signs located within an unzoned commercial or industrial area become
991 nonconforming if the commercial or industrial activity used in defining the area ceases for a
992 continuous period of 12 months.
993 (30) "Urbanized county" means a county with a population of at least 125,000 persons.
994 (31) "Visibility area" means the area on a street or highway that is:
995 (a) defined at one end by a line extending from the base of the billboard across all lanes
996 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
997 (b) defined on the other end by a line extending across all lanes of traffic of the street
998 or highway in a plane that is:
999 (i) perpendicular to the street or highway; and
1000 (ii) 500 feet from the base of the billboard.
1001 Section 12. Section 72-7-505 is amended to read:
1002 72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
1003 Limit on implementation.
1004 (1) (a) Except as provided in Subsection (2), a sign face within the state may not
1005 exceed the following limits:
1006 (i) maximum area - 1,000 square feet;
1007 (ii) maximum length - 60 feet; and
1008 (iii) maximum height - 25 feet.
1009 (b) No more than two facings visible and readable from the same direction on the
1010 main-traveled way may be erected on any one sign structure. Whenever two facings are so
1011 positioned, neither shall exceed the maximum allowed square footage.
1012 (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
1013 stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
1014 enjoy common ownership.
1015 [
1016
1017
1018 [
1019
1020 (d) An existing conforming or nonconforming sign, a newly constructed conforming
1021 sign, or a relocated sign may be upgraded or constructed as an electronic changeable message
1022 sign so long as the interval between message changes is not more frequent than at least eight
1023 seconds and the actual message rotation process is accomplished in three seconds or less.
1024 (e) The illumination of an electronic changeable message sign may not be limited,
1025 except to prevent an electronic sign face from increasing ambient lighting levels by more than
1026 0.3 footcandles when measured:
1027 (i) after sunset and before sunrise;
1028 (ii) perpendicular to the sign face; and
1029 (iii) at a distance in feet calculated by taking the square root of the product of the
1030 following:
1031 (A) the area of the electronic changeable message sign face measured in square feet;
1032 and
1033 (B) 100.
1034 (f) If a political subdivision adopts an electronic changeable message sign illumination
1035 standard within the limitations described in Subsection (1)(e), and adopts a separate
1036 illumination standard for any other sign, public or private, on or off premise, the political
1037 subdivision shall allow an owner of an electronic changeable message sign to illuminate the
1038 owner's sign at the brighter of the two standards.
1039 (2) (a) An outdoor sign structure located inside the unincorporated area of a
1040 nonurbanized county may have the maximum height allowed by the county for outdoor
1041 advertising structures in the commercial or industrial zone in which the sign is located. If no
1042 maximum height is provided for the location, the maximum sign height may be 65 feet above
1043 the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1044 (b) An outdoor sign structure located inside an incorporated municipality or urbanized
1045 county may have the maximum height allowed by the municipality or urbanized county for
1046 outdoor advertising structures in the commercial or industrial zone in which the sign is located.
1047 If no maximum height is provided for the location, the maximum sign height may be 65 feet
1048 above the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1049 (3) Except as provided in Section 72-7-509 :
1050 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
1051 72-7-504 (1) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign
1052 adjacent to an interstate highway or limited access primary highway, except that signs may be
1053 erected closer than 500 feet if the signs on the same side of the interstate highway or limited
1054 access primary highway are not simultaneously visible.
1055 (b) Signs may not be located within 500 feet of any of the following which are adjacent
1056 to the highway, unless the signs are in an incorporated area:
1057 (i) public parks;
1058 (ii) public forests;
1059 (iii) public playgrounds;
1060 (iv) areas designated as scenic areas by the department or other state agency having and
1061 exercising this authority; or
1062 (v) cemeteries.
1063 (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
1064 highway or limited access highway on the primary system within 500 feet of an interchange, or
1065 intersection at grade, or rest area measured along the interstate highway or freeway from the
1066 sign to the nearest point of the beginning or ending of pavement widening at the exit from or
1067 entrance to the main-traveled way.
1068 (B) Interchange and intersection distance limitations shall be measured separately for
1069 each direction of travel. A measurement for each direction of travel may not control or affect
1070 any other direction of travel.
1071 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning
1072 or ending of pavement widening at the exit from or entrance to the main-traveled way, if:
1073 (A) the sign is replacing an existing outdoor advertising use or structure which is being
1074 removed or displaced to accommodate the widening, construction, or reconstruction of an
1075 interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
1076 highway; and
1077 (B) it is located in a commercial or industrial zoned area inside an urbanized county or
1078 an incorporated municipality.
1079 (d) The location of signs situated on nonlimited access primary highways in
1080 commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the
1081 primary highway shall not exceed the following minimum spacing criteria:
1082 (i) Where the distance between centerlines of intersecting streets, roads, or highways is
1083 less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted
1084 between the intersecting streets or highways.
1085 (ii) Where the distance between centerlines of intersecting streets, roads, or highways
1086 is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
1087 (e) All outdoor advertising shall be erected and maintained within the outdoor
1088 advertising corridor.
1089 (4) Subsection (3)(c)(ii) may not be implemented until:
1090 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
1091 outdoor advertising in areas adjacent to the national system of interstate and defense highways
1092 and the federal-aid primary system is modified to allow the sign placement specified in
1093 Subsection (3)(c)(ii); and
1094 (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
1095 and the United States Secretary of Transportation.
1096 Section 13. Section 72-7-508 is amended to read:
1097 72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
1098 review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
1099 Immunity for Department of Transportation.
1100 (1) Outdoor advertising is unlawful when:
1101 (a) erected after May 9, 1967, contrary to the provisions of this chapter;
1102 (b) a permit is not obtained as required by this part;
1103 (c) a false or misleading statement has been made in the application for a permit that
1104 was material to obtaining the permit; or
1105 (d) the sign for which a permit was issued is not in a reasonable state of repair, is
1106 unsafe, or is otherwise in violation of this part.
1107 (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
1108 to this chapter is also a public nuisance.
1109 (3) Except as provided in Subsection (4), in its enforcement of this section, the
1110 department shall comply with the procedures and requirements of Title 63G, Chapter 4,
1111 Administrative Procedures Act.
1112 (4) (a) The district courts shall have jurisdiction to review by trial de novo all final
1113 orders of the department under this part resulting from formal and informal adjudicative
1114 proceedings.
1115 (b) Venue for judicial review of final orders of the department shall be in the county in
1116 which the sign is located.
1117 (5) If the department is granted a judgment, the department is entitled to have any
1118 nuisance abated and recover from the responsible person, firm, or corporation, jointly and
1119 severally:
1120 (a) the costs and expenses incurred in removing the sign; and
1121 (b) (i) $500 for each day the sign was maintained following the expiration of 10 days
1122 after notice of agency action was filed and served under Section 63G-4-201 ;
1123 (ii) $750 for each day the sign was maintained following the expiration of 40 days after
1124 notice of agency action was filed and served under Section 63G-4-201 ;
1125 (iii) $1,000 for each day the sign was maintained following the expiration of 70 days
1126 after notice of agency action was filed and served under Section 63G-4-201 ; and
1127 (iv) $1,500 for each day the sign was maintained following the expiration of 100 days
1128 after notice of agency action was filed and served under Section 63G-4-201 .
1129 (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
1130 destroys, or uses any sign controlled under this chapter without the owner's permission is liable
1131 to the owner of the sign for treble the amount of damage sustained and all costs of court,
1132 including a reasonable [
1133 (b) This Subsection (6) does not apply to the department, its agents, or employees if
1134 acting to enforce this part.
1135 (7) The following criteria shall be used for determining whether an existing sign within
1136 an [
1137 advertising:
1138 (a) whether the sign complies with this part;
1139 (b) whether the premise includes an area:
1140 (i) from which the general public is serviced according to normal industry practices for
1141 organizations of that type; or
1142 (ii) that is directly connected to or is involved in carrying out the activities and normal
1143 industry practices of the advertised activities, services, events, persons, or products;
1144 (c) whether the sign generates revenue:
1145 (i) arising from the advertisement of activities, services, events, or products not
1146 available on the premise according to normal industry practices for organizations of that type;
1147 (ii) arising from the advertisement of activities, services, events, persons, or products
1148 that are incidental to the principal activities, services, events, or products available on the
1149 premise; and
1150 (iii) including the following:
1151 (A) money;
1152 (B) securities;
1153 (C) real property interest;
1154 (D) personal property interest;
1155 (E) barter of goods or services;
1156 (F) promise of future payment or compensation; or
1157 (G) forbearance of debt;
1158 (d) whether the purveyor of the activities, services, events, persons, or products being
1159 advertised:
1160 (i) carries on hours of operation on the premise comparable to the normal industry
1161 practice for a business, service, or operation of that type, or posts the hours of operation on the
1162 premise in public view;
1163 (ii) has available utilities comparable to the normal industry practice for an entity of
1164 that type; and
1165 (iii) has a current valid business license or permit under applicable local ordinances,
1166 state law, and federal law to conduct business on the premise upon which the sign is located;
1167 (e) whether the advertisement is located on the site of any auxiliary facility that is not
1168 essential to, or customarily used in, the ordinary course of business for the activities, services,
1169 events, persons, or products being advertised; or
1170 (f) whether the sign or advertisement is located on property that is not contiguous to a
1171 property that is essential and customarily used for conducting the business of the activities,
1172 services, events, persons, or products being advertised.
1173 (8) The following do not qualify as a business under Subsection (7):
1174 (a) public or private utility corridors or easements;
1175 (b) railroad tracks;
1176 (c) outdoor advertising signs or structures;
1177 (d) vacant lots;
1178 (e) transient or temporary activities; or
1179 (f) storage of accessory products.
1180 (9) The sign owner has the burden of proving, by a preponderance of the evidence, that
1181 the advertised activity is conducted on the premise.
1182 Section 14. Section 72-7-510 is amended to read:
1183 72-7-510. Existing outdoor advertising not in conformity with part -- Procedure
1184 -- Eminent domain -- Compensation -- Relocation.
1185 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
1186 a zone or area other than commercial or industrial or where outdoor advertising is not
1187 permitted under this part.
1188 (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
1189 domain, any existing outdoor advertising and all property rights pertaining to the outdoor
1190 advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
1191 become nonconforming.
1192 (b) [
1193 utility, or any agency or the United States Department of Transportation under this part[
1194
1195 require that maintenance of an existing sign be discontinued[
1196 city, county, governmental entity, public utility, or agency acquires the sign in question [
1197
1198
1199 (c) Eminent domain shall be exercised in accordance with the [
1200 Title 78B, Chapter 6, Part 5, Eminent Domain.
1201 (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
1202 pertaining to the same, including the right of the landowner upon whose land a sign is located,
1203 acquired through the processes of eminent domain.
1204 (b) For the purposes of this part, just compensation shall include the consideration of
1205 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
1206 company's interest, which remaining properties, together with the properties actually
1207 condemned, constituted an economic unit.
1208 (c) The department is empowered to remove signs found in violation of Section
1209 72-7-508 without payment of any compensation.
1210 (4) (a) Except as specifically provided in this [
1211 10, Chapter 9a, Part 5, Land Use Ordinances, or Title 17, Chapter 27a, Part 5, Land Use
1212 Ordinances, this part may not be construed to permit a person to place or maintain any outdoor
1213 advertising adjacent to any interstate or primary highway system which is prohibited [
1214
1215 (b) Any town, city, county, governmental entity, or public utility which requires the
1216 removal, relocation, alteration, change, or termination of outdoor advertising shall commence
1217 eminent domain proceedings and pay just compensation as defined in this part and in Title
1218 78B, Chapter 6, Part 5, Eminent Domain.
1219 (5) Except as provided in Section 72-7-508 , no sign shall be required to be removed by
1220 the department nor sign maintenance as described in this section be discontinued unless at the
1221 time of removal or discontinuance there are sufficient funds, from whatever source,
1222 appropriated and immediately available to pay the just compensation required under this
1223 section and unless at that time the federal funds required to be contributed under 23 U.S.C.,
1224 Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated
1225 and are immediately available to this state.
1226 (6) (a) If any outdoor advertising use, structure, or permit may not be continued
1227 because of the widening, construction, or reconstruction along an interstate, federal aid primary
1228 highway existing as of June 1, 1991, or national highway systems highway, the owner shall
1229 have the option to relocate and remodel the use, structure, or permit to another location:
1230 (i) on the same property;
1231 (ii) on adjacent property;
1232 (iii) on the same highway within 5280 feet of the previous location, which may be
1233 extended 5280 feet outside the areas described in Subsection 72-7-505 (3)(c)(i)(A), on either
1234 side of the same highway; or
1235 (iv) mutually agreed upon by the owner and the county or municipality in which the
1236 use, structure, or permit is located.
1237 (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
1238 area or where outdoor advertising is permitted under this part.
1239 (c) The county or municipality in which the use or structure is located shall, if
1240 necessary, provide for the relocation and remodeling by ordinance for a special exception to its
1241 zoning ordinance.
1242 (d) The relocated and remodeled use or structure may be:
1243 (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
1244 way of the highway to which it is relocated or remodeled;
1245 (ii) the same size and at least the same height as the previous use or structure, but the
1246 relocated use or structure may not exceed the size and height permitted under this part; or
1247 (iii) relocated to a comparable vehicular traffic count.
1248 (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
1249 the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a)
1250 shall pay the costs related to the relocation, remodeling, or acquisition.
1251 (b) If a governmental entity prohibits the relocation and remodeling as provided in
1252 Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
1253 Section 15. Section 72-7-510.5 is amended to read:
1254 72-7-510.5. Height adjustments for outdoor advertising signs -- Sign obstruction.
1255 (1) If the view [
1256 a nonconforming sign as defined in Section 72-7-510 , a noncomplying structure as defined in
1257 Sections 10-9a-103 and 17-27a-103 , or a nonconforming use as defined in Sections 10-9a-103
1258 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
1259 construction, directional sign, highway widening, or aesthetic improvement made by an agency
1260 or political subdivision of this state, along an interstate, federal aid primary highway existing as
1261 of June 1, 1991, national highway systems highway, or state highway or by an improvement
1262 created on real property subsequent to the department's disposal of the property under Section
1263 72-5-111 , the owner of the sign may:
1264 (a) adjust the height of the sign; or
1265 (b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
1266 with the spacing requirements under Section 72-7-505 and is in a commercial or industrial
1267 zone.
1268 (2) A height adjusted sign under this section does not constitute a substantial change to
1269 the sign.
1270 (3) The county or municipality in which the outdoor advertising sign is located shall, if
1271 necessary, provide for the height adjustment or relocation by ordinance for a special exception
1272 to its zoning ordinance.
1273 (4) (a) The height adjusted sign:
1274 (i) may be erected:
1275 (A) to a height to make the entire advertising content of the sign clearly visible; and
1276 (B) to an angle to make the entire advertising content of the sign clearly visible; and
1277 (ii) shall be the same size as the previous sign.
1278 (b) The provisions of Subsection (4)(a) are an exception to the height requirements
1279 under Section 72-7-505 .
1280 (5) (a) A billboard owner may, at the owner's own expense and in accordance with
1281 Subsection (5)(b), trim trees or other foliage without a permit, except as provided in Subsection
1282 (5)(c), if the trees or foliage:
1283 (i) obstruct, however slight, the view of any part of the face of the outdoor advertising
1284 sign; and
1285 (ii) are growing on or encroaching over property owned by the state or a political
1286 subdivision of the state.
1287 (b) A billboard owner shall perform the work described in Subsection (5)(a):
1288 (i) under the supervision of a certified arborist; and
1289 (ii) by employing a company licensed and insured in the state.
1290 (c) A billboard owner shall obtain an encroachment permit from the department if the
1291 work described in Subsection (5)(a) will occur on or require access to the right-of-way of a
1292 state highway designated in Title 72, Chapter 4, Designation of State Highways.
1293 Section 16. Section 78B-6-501 is amended to read:
1294 78B-6-501. Eminent domain -- Uses for which right may be exercised -- Uses for
1295 which right may not be exercised.
1296 (1) Subject to the provisions of this part, the right of eminent domain may be exercised
1297 on behalf of the following public uses:
1298 [
1299 [
1300 authorized by the Legislature;
1301 [
1302 board of education;
1303 [
1304 for the use of the inhabitants of any county, city, or town, or for the draining of any county,
1305 city, or town;
1306 [
1307 widening, deepening, or straightening their channels;
1308 [
1309 [
1310 other ways for walking, hiking, bicycling, equestrian use, or other recreational uses, or whose
1311 primary purpose is as a foot path, equestrian trail, bicycle path, or walkway; and
1312 [
1313 inhabitants;
1314 [
1315 plank and turnpike roads, roads for transportation by traction engines or road locomotives,
1316 roads for logging or lumbering purposes, and railroads and street railways for public
1317 transportation;
1318 [
1319 pipes for the supplying of persons, mines, mills, smelters or other works for the reduction of
1320 ores, with water for domestic or other uses, or for irrigation purposes, or for the draining and
1321 reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for solar
1322 evaporation ponds and other facilities for the recovery of minerals in solution;
1323 [
1324 places to access or facilitate the milling, smelting, or other reduction of ores, or the working of
1325 mines, quarries, coal mines, or mineral deposits including minerals in solution;
1326 [
1327 water from mills, smelters or other works for the reduction of ores, or from mines, quarries,
1328 coal mines or mineral deposits including minerals in solution;
1329 [
1330 [
1331 stratum or formation in any land for the underground storage of natural gas, and in connection
1332 with that, any other interests in property which may be required to adequately examine,
1333 prepare, maintain, and operate underground natural gas storage facilities;
1334 [
1335 solution; and
1336 [
1337 quarries, coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores,
1338 or any place for the flow, deposit or conduct of tailings or refuse matter;
1339 [
1340 [
1341 [
1342 [
1343 [
1344 electric light and power plants;
1345 [
1346 [
1347 [
1348 [
1349 [
1350 [
1351 and storing water for the operation of machinery for the purpose of generating and transmitting
1352 electricity for power, light or heat;
1353 [
1354 [
1355 or
1356 [
1357 equestrian use;
1358 [
1359 the manufacture of beet sugar; and
1360 [
1361 necessary to their successful operation, including the right to take lands for the discharge and
1362 natural distribution of smoke, fumes, and dust, produced by the operation of works, provided
1363 that the powers granted by this section may not be exercised in any county where the
1364 population exceeds 20,000, or within one mile of the limits of any city or incorporated town
1365 nor unless the proposed condemner has the right to operate by purchase, option to purchase or
1366 easement, at least 75% in value of land acreage owned by persons or corporations situated
1367 within a radius of four miles from the mill, smelter or other works for the reduction of ores; nor
1368 beyond the limits of the four-mile radius; nor as to lands covered by contracts, easements, or
1369 agreements existing between the condemner and the owner of land within the limit and
1370 providing for the operation of such mill, smelter, or other works for the reduction of ores; nor
1371 until an action shall have been commenced to restrain the operation of such mill, smelter, or
1372 other works for the reduction of ores.
1373 (2) A political subdivision may not terminate a billboard owner's billboard structure or
1374 associated rights through eminent domain unless:
1375 (a) the political subdivision commences eminent domain proceedings for a proposed
1376 public use described in Subsection (1); and
1377 (b) the proposed public use would be located on:
1378 (i) the same property where the billboard is located if the billboard owner does not
1379 intend to relocate the billboard; or
1380 (ii) the property where a billboard owner intends to relocate or construct a billboard.
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