S.B. 114 Enrolled

COUNTY AND MUNICIPAL ZONING
REGARDING BILLBOARDS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael G. Waddoups
House Sponsor: David Ure

LONG TITLE
General Description:
This bill modifies county and municipal land use development and management
provisions relating to billboards.
Highlighted Provisions:
This bill:
. prohibits counties and municipalities from allowing a nonconforming billboard to
be rebuilt or replaced by anyone other than its owner;
. removes a limitation on the reasons for which counties and municipalities may
allow nonconforming billboards to be rebuilt; and
. provides that, under certain circumstances, a county or municipal permit for a
billboard remains valid for 180 days after a required state permit is issued.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9-408, as last amended by Chapter 138, Laws of Utah 2004
17-27-407, as last amended by Chapter 138, Laws of Utah 2004

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 10-9-408 is amended to read:
10-9-408. Nonconforming uses and structures.
(1) (a) Except as provided in this section, a nonconforming use or structure may be
continued.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a building
is not a structural alteration.
(2) The legislative body may provide in any zoning ordinance or amendment for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the zoning
ordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a formula
establishing a reasonable time period during which the owner can recover or amortize the amount
of his investment in the nonconforming use, if any; and
(c) the termination of a billboard that is a nonconforming use by acquiring the billboard
and associated property rights through:
(i) gift;
(ii) purchase;
(iii) agreement;
(iv) exchange; or
(v) eminent domain.
(3) (a) A municipality is considered to have initiated the acquisition of a billboard
structure by eminent domain under Subsection (2)(c)(v) if the municipality prevents a billboard
owner from:
(i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
by casualty, an act of God, or vandalism; or
(ii) except as provided in Subsection (3)(b), relocating or rebuilding a billboard structure,

or taking other measures, to correct a mistake in the placement or erection of a billboard for
which the municipality has issued a permit, if the proposed relocation, rebuilding, or other
measure is consistent with the intent of that permit.
(b) A municipality's denial of a billboard owner's request to relocate or rebuild a
billboard structure, or to take other measures, in order to correct a mistake in the placement or
erection of a billboard does not constitute the initiation of acquisition by eminent domain under
Subsection (3)(a) if the mistake in placement or erection of the billboard is determined by clear
and convincing evidence to have resulted from an intentionally false or misleading statement:
(i) by the billboard applicant in the application; and
(ii) regarding the placement or erection of the billboard.
(4) Notwithstanding Subsections (2) and (3), a municipality may remove a billboard
without providing compensation if:
(a) the municipality determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection of
the billboard; or
(ii) by substantial evidence that the billboard:
(A) is structurally unsafe;
(B) is in an unreasonable state of repair; or
(C) has been abandoned for at least 12 months;
(b) the municipality notifies the owner in writing that the owner's billboard meets one or
more of the conditions listed in Subsections (4)(a)(i) and (ii);
(c) the owner fails to remedy the condition or conditions within:
(i) except as provided in Subsection (4)(c)(ii), 90 days following the billboard owner's
receipt of written notice under Subsection (4)(b); or
(ii) if the condition forming the basis of the municipality's intention to remove the
billboard is that it is structurally unsafe, ten business days, or a longer period if necessary because
of a natural disaster, following the billboard owner's receipt of written notice under Subsection

(4)(b); and
(d) following the expiration of the applicable period under Subsection (4)(c) and after
providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the
municipality finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made a
false or misleading statement in the application regarding the placement or erection of the
billboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonable
state of repair, or has been abandoned for at least 12 months.
(5) A municipality may not allow a nonconforming billboard to be rebuilt [for a reason
other than:] or replaced by anyone other than its owner or the owner acting through its
contractors.
[(a) those specified in Subsections (3) and (4);]
[(b) those provided in Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act; and]
[(c) those specified in the municipality's ordinance requiring or allowing a billboard
owner to relocate and rebuild an existing nonconforming billboard to an area within the
municipality where outdoor advertising is otherwise allowed under Title 72, Chapter 7, Part 5,
Utah Outdoor Advertising Act.]
(6) A permit issued, extended, or renewed by a municipality for a billboard remains valid
for a period of 180 days after a required state permit is issued for the billboard if:
(a) the billboard requires a state permit; and
(b) an application for the state permit is filed within 30 days after the municipality issues,
extends, or renews a permit for the billboard.
[(6)] (7) A municipality may terminate the nonconforming status of school district
property when the property ceases to be used for school district purposes.
Section 2. Section 17-27-407 is amended to read:
17-27-407. Nonconforming uses and structures.
(1) (a) Except as provided in this section, a nonconforming use or structure may be

continued.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a building
is not a structural alteration.
(d) If any county acquires title to any property because of tax delinquency and the
property is not redeemed as provided by law, the future use of the property shall conform with
the existing provisions of the county ordinances equally applicable to other like properties within
the district in which the property acquired by the county is located.
(2) The legislative body may provide in any zoning ordinance or amendment for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the zoning
ordinance;
(b) the termination of all nonconforming uses, except billboards by providing a formula
establishing a reasonable time period during which the owner can recover or amortize the amount
of his investment in the nonconforming use, if any; and
(c) the termination of a billboard that is a nonconforming use by acquiring the billboard
and associated property rights through:
(i) gift;
(ii) purchase;
(iii) agreement;
(iv) exchange; or
(v) eminent domain.
(3) (a) A county is considered to have initiated the acquisition of a billboard structure by
eminent domain under Subsection (2)(c)(v) if the county prevents a billboard owner from:
(i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
by casualty, an act of God, or vandalism; or
(ii) except as provided in Subsection (3)(b), relocating or rebuilding a billboard structure,

or taking other measures, to correct a mistake in the placement or erection of a billboard for
which the county has issued a permit, if the proposed relocation, rebuilding, or other measure is
consistent with the intent of that permit.
(b) A county's denial of a billboard owner's request to relocate or rebuild a billboard
structure, or to take other measures, in order to correct a mistake in the placement or erection of a
billboard does not constitute the initiation of acquisition by eminent domain under Subsection
(3)(a) if the mistake in placement or erection of the billboard is determined by clear and
convincing evidence to have resulted from an intentionally false or misleading statement:
(i) by the billboard applicant in the application; and
(ii) regarding the placement or erection of the billboard.
(4) Notwithstanding Subsections (2) and (3), a county may remove a billboard without
providing compensation if:
(a) the county determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection of
the billboard; or
(ii) by substantial evidence that the billboard:
(A) is structurally unsafe;
(B) is in an unreasonable state of repair; or
(C) has been abandoned for at least 12 months;
(b) the county notifies the owner in writing that the owner's billboard meets one or more
of the conditions listed in Subsections (4)(a)(i) and (ii);
(c) the owner fails to remedy the condition or conditions within:
(i) except as provided in Subsection (4)(c)(ii), 90 days following the billboard owner's
receipt of written notice under Subsection (4)(b); or
(ii) if the condition forming the basis of the county's intention to remove the billboard is
that it is structurally unsafe, ten business days, or a longer period if necessary because of a
natural disaster, following the billboard owner's receipt of written notice under Subsection (4)(b);

and
(d) following the expiration of the applicable period under Subsection (4)(c) and after
providing the owner with reasonable notice of proceedings and an opportunity for a hearing, the
county finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made a
false or misleading statement in the application regarding the placement or erection of the
billboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonable
state of repair, or has been abandoned for at least 12 months.
(5) A county may not allow a nonconforming billboard to be rebuilt [for a reason other
than:] or replaced by anyone other than its owner or the owner acting through its contractors.
[(a) those specified in Subsections (3) and (4);]
[(b) those provided in Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act; and]
[(c) those specified in the county's ordinance requiring or allowing a billboard owner to
relocate and rebuild an existing nonconforming billboard to an area within the county where
outdoor advertising is otherwise allowed under Title 72, Chapter 7, Part 5, Utah Outdoor
Advertising Act.]
(6) A permit issued, extended, or renewed by a county for a billboard remains valid for a
period of 180 days after a required state permit is issued for the billboard if:
(a) the billboard requires a state permit; and
(b) an application for the state permit is filed within 30 days after the county issues,
extends, or renews a permit for the billboard.
[(6)] (7) A county may terminate the nonconforming status of school district property
when the property ceases to be used for school district purposes.