First Substitute S.B. 53

This document includes Senate 3^rd Reading Floor Amendments incorporated into the bill on Fri, Feb 27, 2004 at 4:15 PM by rday. -->

Senator Michael G. Waddoups proposes the following substitute bill:

1 COUNTY AND MUNICIPAL ZONING
2 REGARDING BILLBOARDS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael G. Waddoups
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to billboards and outdoor advertising structures.
10 Highlighted Provisions:
11 This bill:
12 . modifies the county or municipal actions that constitute initiation of acquisition of a
13 billboard by eminent domain;
14 . modifies the circumstances under which a county or municipality may remove a
15 billboard without providing compensation;
16 . modifies the procedure a county or municipality must follow in order to be able to
17 remove a billboard without providing compensation;
18 . requires counties and municipalities to allow billboards to be relocated under certain
19 circumstances; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

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- 2 - 26 AMENDS:
27 10-9-408, as last amended by Chapter 286, Laws of Utah 1993
28 17-27-407, as last amended by Chapter 12, Laws of Utah 1994
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 10-9-408 is amended to read:
32 10-9-408. Nonconforming uses and structures.
33 (1) (a) Except as provided in this section, a nonconforming use or structure may be
34 continued.
35 (b) A nonconforming use may be extended through the same building, provided no
36 structural alteration of the building is proposed or made for the purpose of the extension.
37 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
38 building is not a structural alteration.
39 (2) The legislative body may provide in any zoning ordinance or amendment for:
40 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
41 substitution of nonconforming uses upon the terms and conditions set forth in the zoning
42 ordinance;
43 (b) the termination of all nonconforming uses, except billboards, by providing a
44 formula establishing a reasonable time period during which the owner can recover or amortize
45 the amount of his investment in the nonconforming use, if any; and
46 (c) the termination of a billboard that is a nonconforming use by acquiring the billboard
47 and associated property rights through:
48 (i) gift;
49 (ii) purchase;
50 (iii) agreement;
51 (iv) exchange; or
52 (v) eminent domain.
53 (3) (a) [If a municipality prevents a billboard company from maintaining, repairing, or
54 restoring a billboard structure damaged by casualty, act of God, or vandalism, the
55 municipality's actions constitute initiation of] A municipality is considered to have initiated the
56 acquisition of a billboard structure by eminent domain under Subsection (2)(c)(v)[.] if the

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municipality prevents a billboard S [ company ] OWNER s from:
58 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
59 by casualty, an act of God, or vandalism; or
60 (ii) except as provided in Subsection S [ (4) ] (3) s (b), relocating or rebuilding a billboard
61 structure, or taking other measures, to correct a mistake in the placement or erection of a
62 billboard for which the municipality has issued a permit S , IF THE PROPOSED RELOCATION,
62a REBUILDING, OR OTHER MEASURE IS CONSISTENT WITH THE INTENT OF THAT PERMIT s .
63 (b) A municipality's S [ preventing ] DENIAL OF s a billboard S [ company from relocating or
63a rebuilding ] OWNER'S REQUEST TO RELOCATE OR REBUILD s a
64 billboard structure, or S [ taking ] TO TAKE s other measures, S IN ORDER s to correct a mistake in
64a the placement or erection
65 of a billboard does not constitute the initiation of acquisition by eminent domain S UNDER
65a SUBSECTION (3)(a) s if the mistake
66 in placement or erection of the billboard is determined by clear and convincing evidence to
67 have resulted from an intentionally false or misleading statement:
68 (i) by the billboard applicant in the application; and
69 (ii) regarding the placement or erection of the billboard.
70 (4) Notwithstanding Subsections (2) and (3), a S [ legislative body ] MUNICIPALITY s may
70a remove a billboard
71 without providing compensation if[,]:
72 (a) the S [ legislative body ] MUNICIPALITY s determines:
73 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
74 false or misleading statement in the applicant's application regarding the placement or erection
75 of the billboard; or
76 (ii) by substantial evidence that the billboard:
77 (A) is structurally unsafe;
78 (B) is in an unreasonable state of repair; or
79 (C) has been abandoned for at least 12 months;
80 (b) the S [ legislative body ] MUNICIPALITY s notifies the owner S IN WRITING s that the
80a owner's billboard meets one or more
81 of the conditions listed in Subsections (4)(a)(i) and (ii);
82 (c) the owner fails to remedy the condition or conditions within:
83 (i) except as provided in Subsection (4)(c)(ii), 90 days following S THE BILLBOARD
83a OWNER'S RECEIPT OF WRITTEN s notice under

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Subsection (4)(b); or
85 (ii) if the condition forming the basis of the municipality's intention to remove the
86 billboard is that it is structurally unsafe, S [ seven ] TEN BUSINESS s days S , OR A LONGER PERIOD
86a IF NECESSARY BECAUSE OF A NATURAL DISASTER, s following S THE BILLBOARD OWNER'S
86b RECEIPT OF WRITTEN s notice under Subsection (4)(b);
87 and

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(d) following the expiration of the applicable period under Subsection (4)(c) and after
89 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
90 the S [ legislative body ] MUNICIPALITY s finds:
91 (i) by clear and convincing evidence, that[: (a)] the applicant for a permit intentionally
92 made a false or misleading statement in [his] the application[; (b)] regarding the placement or
93 erection of the billboard; or
94 (ii) by substantial evidence that the billboard is structurally unsafe[; (c) the billboard],
95 is in an unreasonable state of repair[;], or [(d) the billboard] has been abandoned for at least 12
96 months.
97 (5) S [ If a ] A s municipality S [ allows ] MAY NOT ALLOW s a nonconforming billboard to be
97a rebuilt for a reason other
98 than S :
98a (a) s those specified in Subsections (3) and (4) S [ or for a reason other than ] ;
98b (b) s those provided in Title
99 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, S [ the municipality shall allow billboards to
100 be relocated ] ; AND
100a (c) THOSE SPECIFIED IN THE MUNICIPALITY'S ORDINANCE REQUIRING OR ALLOWING A
100b BILLBOARD OWNER TO RELOCATE AND REBUILD AN EXISTING NONCONFORMING BILLBOARD TO
100c AN AREA s within the municipality S [ to an area ] s where outdoor advertising is otherwise allowed
101 under Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
102 [(5)] (6) A municipality may terminate the nonconforming status of school district
103 property when the property ceases to be used for school district purposes.
104 Section 2. Section 17-27-407 is amended to read:
105 17-27-407. Nonconforming uses and structures.
106 (1) (a) Except as provided in this section, a nonconforming use or structure may be
107 continued.
108 (b) A nonconforming use may be extended through the same building, provided no
109 structural alteration of the building is proposed or made for the purpose of the extension.
110 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
111 building is not a structural alteration.
112 (d) If any county acquires title to any property because of tax delinquency and the
113 property is not redeemed as provided by law, the future use of the property shall conform with
114 the existing provisions of the county ordinances equally applicable to other like properties
115 within the district in which the property acquired by the county is located.
116 (2) The legislative body may provide in any zoning ordinance or amendment for:
117 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or

118 substitution of nonconforming uses upon the terms and conditions set forth in the zoning

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ordinance;
120 (b) the termination of all nonconforming uses, except billboards by providing a
121 formula establishing a reasonable time period during which the owner can recover or amortize
122 the amount of his investment in the nonconforming use, if any; and
123 (c) the termination of a billboard that is a nonconforming use by acquiring the billboard
124 and associated property rights through:
125 (i) gift;
126 (ii) purchase;
127 (iii) agreement;
128 (iv) exchange; or
129 (v) eminent domain.
130 (3) (a) [If a county prevents a billboard company from maintaining, repairing, or
131 restoring a billboard structure damaged by casualty, act of God, or vandalism, the county's
132 actions constitute initiation of] A county is considered to have initiated the acquisition of a
133 billboard structure by eminent domain under Subsection (2)(c)(v)[.] if the county prevents a
134 billboard S [ company ] OWNER s from:
135 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
136 by casualty, an act of God, or vandalism; or
137 (ii) except as provided in Subsection (3)(b), relocating or rebuilding a billboard
138 structure, or taking other measures, to correct a mistake in the placement or erection of a
139 billboard for which the county has issued a permit S , IF THE PROPOSED RELOCATION,
139a REBUILDING, OR OTHER MEASURE IS CONSISTENT WITH THE INTENT OF THAT PERMIT s .
140 (b) A county's S [ preventing ] DENIAL OF s a billboard S [ company from relocating or
140a rebuilding ] OWNER'S REQUEST TO RELOCATE OR REBUILD s a billboard
141 structure, or S [ taking ] TO TAKE s other measures, S IN ORDER s to correct a mistake in the
141a placement or erection of a
142 billboard does not constitute the initiation of acquisition by eminent domain S UNDER SUBSECTION
142a (3)(a) s if the mistake in
143 placement or erection of the billboard is determined by clear and convincing evidence to have
144 resulted from an intentionally false or misleading statement:
145 (i) by the billboard applicant in the application; and
146 (ii) regarding the placement or erection of the billboard.
147 (4) Notwithstanding Subsections (2) and (3), a S [ legislative body ] COUNTY s may remove a
147a billboard
148 without providing compensation if[,]:
149 (a) the S [ legislative body ] COUNTY s determines:

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(i) by clear and convincing evidence that the applicant for a permit intentionally made a
151 false or misleading statement in the applicant's application regarding the placement or erection
152 of the billboard; or
153 (ii) by substantial evidence that the billboard:
154 (A) is structurally unsafe;
155 (B) is in an unreasonable state of repair; or
156 (C) has been abandoned for at least 12 months;
157 (b) the S [ legislative body ] COUNTY s notifies the owner S IN WRITING s that the owner's
157a billboard meets one or more
158 of the conditions listed in Subsections (4)(a)(i) and (ii);
159 (c) the owner fails to remedy the condition or conditions within:
160 (i) except as provided in Subsection (4)(c)(ii), 90 days following S THE BILLBOARD
160a OWNER'S RECEIPT OF WRITTEN s notice under
161 Subsection (4)(b); or
162 (ii) if the condition forming the basis of the county's intention to remove the billboard
163 is that it is structurally unsafe, S [ seven ] TEN BUSINESS s days S , OR A LONGER PERIOD IF
163a NECESSARY BECAUSE OF A NATURAL DISASTER, s following S THE BILLBOARD OWNER'S
163b RECEIPT OF WRITTEN s notice under Subsection (4)(b); and
164 (d) following the expiration of the applicable period under Subsection (4)(c) and after
165 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
166 the S [ legislative body ] COUNTY s finds:
167 (i) by clear and convincing evidence, that[: (a)] the applicant for a permit intentionally
168 made a false or misleading statement in [his] the application[; (b)] regarding the placement or
169 erection of the billboard; or
170 (ii) by substantial evidence that the billboard is S STRUCTURALLY s unsafe[; (c) the
170a billboard], is in an
171 unreasonable state of repair[;], or [(d) the billboard] has been abandoned for at least 12
172 months.
173 (5) S [ If a ] A s county S [ allows ] MAY NOT ALLOW s a nonconforming billboard to be
173a rebuilt for a reason other than S :
173b (a) s
174 those specified in Subsections (3) and (4) S [ or for a reason other than ] ;
174a (b) s those provided in Title 72,
175 Chapter 7, Part 5, Utah Outdoor Advertising Act S [ , the county shall allow billboards to be
176 relocated ] ; AND
176a (c) THOSE SPECIFIED IN THE COUNTY'S ORDINANCE REQUIRING OR ALLOWING A
176b BILLBOARD OWNER TO RELOCATE AND REBUILD AN EXISTING NONCONFORMING BILLBOARD s

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S TO AN AREA s within the S [ municipality to an area ] COUNTY s where outdoor advertising is
176d otherwise allowed
177 under Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
178 [(5)] (6) A county may terminate the nonconforming status of school district property
179 when the property ceases to be used for school district purposes.
180