H.B. 346 Enrolled

OUTDOOR ADVERTISING AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow
This act modifies the Transportation Code by amending outdoor advertising provisions.
This act defines a public assembly facility. This act provides that a sign located on a
public assembly facility is subject to the federal outdoor advertising provisions. This act
provides advertising limitations for a sign located on a public assembly facility and allows
the advertisement of the name of the facility, venues, stores, and certain other activities,
products, services, and events provided at the facility. This act takes effect on July 1,
2003.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-7-502, as last amended by Chapter 21, Laws of Utah 1999
72-7-504, as renumbered and amended by Chapter 270, Laws of Utah 1998
ENACTS:
72-7-504.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-7-502 is amended to read:
72-7-502. Definitions.
As used in this part:
(1) "Commercial or industrial activities" means those activities generally recognized as
commercial or industrial by zoning authorities in this state, except that none of the following
are commercial or industrial activities:
(a) agricultural, forestry, grazing, farming, and related activities, including wayside
fresh produce stands;
(b) transient or temporary activities;
(c) activities not visible from the main-traveled way;
(d) activities conducted in a building principally used as a residence; and

(e) railroad tracks and minor sidings.
(2) "Commercial or industrial zone" means only:
(a) those areas within the boundaries of cities or towns that are used or reserved for
business, commerce, or trade, or zoned as a highway service zone, under enabling state
legislation or comprehensive local zoning ordinances or regulations;
(b) those areas within the boundaries of urbanized counties that are used or reserved for
business, commerce, or trade, or zoned as a highway service zone, under enabling state
legislation or comprehensive local zoning ordinances or regulations;
(c) those areas outside the boundaries of urbanized counties and outside the boundaries
of cities and towns that:
(i) are used or reserved for business, commerce, or trade, or zoned as a highway service
zone, under comprehensive local zoning ordinances or regulations or enabling state legislation;
and
(ii) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
from the nearest point of the beginning or ending of the pavement widening at the exit from or
entrance to the main-traveled way; or
(d) those areas outside the boundaries of urbanized counties and outside the boundaries
of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as
measured from the nearest point of the beginning or ending of the pavement widening at the exit
from or entrance to the main-traveled way that are reserved for business, commerce, or trade
under enabling state legislation or comprehensive local zoning ordinances or regulations, and are
actually used for commercial or industrial purposes.
(3) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
allowing outdoor advertising.
(4) "Comprehensive local zoning ordinances or regulations" means a municipality's
comprehensive plan required by Section 10-9-301 , the municipal zoning plan authorized by
Section 10-9-401 , and the county master plan authorized by Sections 17-27-301 and 17-27-401 .
Property that is rezoned by comprehensive local zoning ordinances or regulations is rebuttably

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presumed to have not been zoned for the sole purpose of allowing outdoor advertising.
(5) "Directional signs" means signs containing information about public places owned or
operated by federal, state, or local governments or their agencies, publicly or privately owned
natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas of
natural scenic beauty or naturally suited for outdoor recreation, that the department considers to
be in the interest of the traveling public.
(6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create,
paint, draw, or in any other way bring into being.
(b) "Erect" does not include any activities defined in Subsection (6)(a) if they are
performed incident to the change of an advertising message or customary maintenance of a sign.
(7) "Highway service zone" means a highway service area where the primary use of the
land is used or reserved for commercial and roadside services other than outdoor advertising to
serve the traveling public.
(8) "Information center" means an area or site established and maintained at rest areas for
the purpose of informing the public of:
(a) places of interest within the state; or
(b) any other information that the department considers desirable.
(9) "Interchange or intersection" means those areas and their approaches where traffic is
channeled off or onto an interstate route, excluding the [deacceleration] deceleration lanes,
acceleration lanes, or feeder systems, from or to another federal, state, county, city, or other
route.
(10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
(11) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign
structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of
God.
(12) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
acceleration lanes, [deacceleration] deceleration lanes, and feeder systems, exclusive of frontage
roads and ramps. For a divided highway, there is a separate main-traveled way for the traffic in

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each direction.
(13) "Official signs and notices" means signs and notices erected and maintained by
public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
official duties or responsibilities in accordance with direction or authorization contained in
federal, state, or local law.
(14) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
H-1 and in areas determined by the department to be unzoned industrial or commercial.
(15) "On-premise signs" means signs used to advertise the major activities conducted on
the property where the sign is located.
(16) "Outdoor advertising" means any outdoor advertising structure or outdoor structure
used in combination with an outdoor advertising sign or outdoor sign.
(17) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured
perpendicular from the edge of a controlled highway right-of-way.
(18) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
including any necessary devices, supports, appurtenances, and lighting that is part of or supports
an outdoor sign.
(19) "Point of widening" means the point of the gore or the point where the intersecting
lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
than 2,640 feet from the center line of the intersecting highway of the interchange or intersection
at grade.
(20) "Public assembly facility" means a convention facility as defined under Section
59-12-602 and that:
(a) is wholly or partially funded by public moneys; and
(b) requires a person attending an event at the public assembly facility to purchase a
ticket or that otherwise charges for the use of the public assembly facility as part of its regular
operation.
[(20)] (21) "Relocation" includes the removal of a sign from one situs together with the
erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute.

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[(21)] (22) "Relocation and replacement" means allowing all outdoor advertising signs or
permits the right to maintain outdoor advertising along the interstate, federal aid primary
highway existing as of June 1, 1991, and national highway system highways to be maintained in
a commercial or industrial zoned area to accommodate the displacement, remodeling, or
widening of the highway systems.
[(22)] (23) "Remodel" means the upgrading, changing, alteration, refurbishment,
modification, or complete substitution of a new outdoor advertising structure for one permitted
pursuant to this part and that is located in a commercial or industrial area.
[(23)] (24) "Rest area" means an area or site established and maintained within or
adjacent to the right-of-way by or under public supervision or control for the convenience of the
traveling public.
[(24)] (25) "Scenic or natural area" means an area determined by the department to have
aesthetic value.
[(25)] (26) "Traveled way" means that portion of the roadway used for the movement of
vehicles, exclusive of shoulders and auxiliary lanes.
[(26)] (27) (a) "Unzoned commercial or industrial area" means:
(i) those areas not zoned by state law or local law, regulation, or ordinance that are
occupied by one or more industrial or commercial activities other than outdoor advertising signs;
(ii) the lands along the highway for a distance of 600 feet immediately adjacent to those
activities; and
(iii) lands covering the same dimensions that are directly opposite those activities on the
other side of the highway, if the department determines that those lands on the opposite side of
the highway do not have scenic or aesthetic value.
(b) In measuring the scope of the unzoned commercial or industrial area, all
measurements shall be made from the outer edge of the regularly used buildings, parking lots,
storage, or processing areas of the activities and shall be along or parallel to the edge of
pavement of the highway.
(c) All signs located within an unzoned commercial or industrial area become

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nonconforming if the commercial or industrial activity used in defining the area ceases for a
continuous period of 12 months.
[(27)] (28) "Urbanized county" means a county with a population of at least 125,000
persons.
Section 2. Section 72-7-504 is amended to read:
72-7-504. Advertising prohibited near interstate or primary system -- Exceptions --
Logo advertising -- Department rules.
(1) Outdoor advertising that is capable of being read or comprehended from any place on
the main-traveled way of an interstate or primary system may not be erected or maintained,
except:
(a) directional and other official signs and notices authorized or required by law,
including signs and notices pertaining to natural wonders and scenic and historic attractions,
informational or directional signs regarding utility service, emergency telephone signs, buried or
underground utility markers, and above ground utility closure signs;
(b) signs advertising the sale or lease of property upon which they are located;
(c) signs advertising activities conducted on the property where they are located,
including signs on the premises of a public assembly facility as provided in Section 72-7-504.5 ;
(d) signs located in a commercial or industrial zone;
(e) signs located in unzoned industrial or commercial areas as determined from actual
land uses; and
(f) logo advertising under Subsection (2).
(2) (a) The department may itself or by contract erect, administer, and maintain
informational signs on the main-traveled way of an interstate or primary system for the display of
logo advertising and information of interest to the traveling public if:
(i) the department complies with Title 63, Chapter 56, Utah Procurement Code, in the
lease or other contract agreement with a private party for the sign or sign space; and
(ii) the private party for the lease of the sign or sign space pays an amount set by the
department to be paid to the department or the party under contract with the department under

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this Subsection (2).
(b) The amount shall be sufficient to cover the costs of erecting, administering, and
maintaining the signs or sign spaces.
(c) The department may consult the Division of Travel Development in carrying out this
Subsection (2).
(3) (a) Revenue generated under Subsection (2) shall be:
(i) applied first to cover department costs under Subsection (2); and
(ii) deposited in the Transportation Fund.
(b) Revenue in excess of costs under Subsection (2)(a) shall be deposited in the General
Fund as a dedicated credit for use by the Division of Travel Development no later than the
following fiscal year.
(4) Outdoor advertising under Subsections (1)(a), (d), (e), and (f) shall conform to the
rules made by the department under Sections 72-7-506 and 72-7-507 .
Section 3. Section 72-7-504.5 is enacted to read:
72-7-504.5. Public assembly facility signs -- Restrictions.
Signs on the premises of a public assembly facility that do not bring rental income to the
owner of the public assembly facility may advertise:
(1) the name of the facility, including identifiable venues or stores within the facility; and
(2) principal or accessory products or services offered on the property and activities
conducted on the property as permitted by 23 CFR Section 750.709, including:
(a) events being conducted in the facility or upon the premises, including the sponsor of
the current event; and
(b) products or services sold at the facility and activities conducted on the property that
produce significant income to the operation of the facility.
Section 4. Effective date.
This act takes effect on July 1, 2003.

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