S.B. 222

1

OUTDOOR ADVERTISING - HEIGHT
2 ADJUSTMENT OF SIGNS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Parley G. Hellewell
6 House Sponsor: Stephen H. Urquhart
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Outdoor Advertising Act by amending provisions related to
11 the height adjustment of outdoor advertising signs.
12 Highlighted Provisions:
13 This bill:
14 . provides that if the view and readability of an outdoor advertising sign, including
15 certain signs, is obstructed due to an improvement created on real property
16 subsequent to the department's disposal of the property, the owner of the sign may
17 adjust the height of the sign or relocate the sign within 500 feet of its prior location
18 if the sign complies with certain provisions; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 72-7-510.5, as last amended by Chapter 298, Laws of Utah 2002
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 72-7-510.5 is amended to read:
30 72-7-510.5. Height adjustments for outdoor advertising signs.
31 (1) If the view and readability of an outdoor advertising sign, including a sign that is a
32 nonconforming sign as defined in Section 72-7-510 , a noncomplying structure as defined in
33 Sections 10-9a-103 and 17-27a-103 , or a nonconforming use as defined in Sections 10-9a-103
34 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
35 construction, directional sign, highway widening, or aesthetic improvement made by an agency
36 of this state, [directional sign, or widening along an interstate, federal aid primary highway
37 existing as of June 1, 1991, or national highway systems highway] or by an improvement
38 created on real property subsequent to the department's disposal of the property under Section
39 72-5-111 , the owner of the sign may:
40 (a) adjust the height of the sign; or
41 (b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
42 with the spacing requirements under Section 72-7-505 and is in a commercial or industrial
43 zone.
44 (2) A height adjusted sign under this section does not constitute a substantial change to
45 the sign.
46 (3) The county or municipality in which the outdoor advertising sign is located shall, if
47 necessary, provide for the height adjustment or relocation by ordinance for a special exception
48 to its zoning ordinance.
49 (4) (a) The height adjusted sign may be erected to a height and angle to make it clearly
50 visible to traffic on the main-traveled way of the highway and shall be the same size as the
51 previous sign.
52 (b) The provisions of Subsection (4)(a) are an exception to the height requirements
53 under Section 72-7-505 .

Legislative Review Note
as of 2-3-06 12:40 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel