S.B. 307

1

AMENDMENTS TO OUTDOOR ADVERTISING
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending provisions relating to outdoor
10 advertising.
11 Highlighted Provisions:
12 This bill:
13 . provides and amends definitions;
14 . enacts restrictions and requirements for an advertising structure that is on the
15 premise of a public assembly facility;
16 . specifies the criteria that shall be used for determining whether a sign has as its
17 purpose unlawful off-premise outdoor advertising;
18 . provides that the sign owner has the burden of proving, by a preponderance of the
19 evidence, that the advertised activity is conducted on the premises; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 72-7-502, as last amended by Laws of Utah 2009, Chapter 170

28 72-7-504.5, as enacted by Laws of Utah 2003, Chapter 166
29 72-7-508, as last amended by Laws of Utah 2008, Chapter 382
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 72-7-502 is amended to read:
33 72-7-502. Definitions.
34 As used in this part:
35 (1) "Clearly visible" means capable of being read without obstruction by an occupant
36 of a vehicle traveling on the main traveled way of a street or highway within the visibility area.
37 (2) "Commercial or industrial activities" means those activities generally recognized as
38 commercial or industrial by zoning authorities in this state, except that none of the following
39 are commercial or industrial activities:
40 (a) agricultural, forestry, grazing, farming, and related activities, including wayside
41 fresh produce stands;
42 (b) transient or temporary activities;
43 (c) activities not visible from the main-traveled way;
44 (d) activities conducted in a building principally used as a residence; and
45 (e) railroad tracks and minor sidings.
46 (3) (a) "Commercial or industrial zone" means only:
47 [(a)] (i) those areas within the boundaries of cities or towns that are used or reserved
48 for business, commerce, or trade, or zoned as a highway service zone, under enabling state
49 legislation or comprehensive local zoning ordinances or regulations;
50 [(b)] (ii) those areas within the boundaries of urbanized counties that are used or
51 reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling
52 state legislation or comprehensive local zoning ordinances or regulations;
53 [(c)] (iii) those areas outside the boundaries of urbanized counties and outside the
54 boundaries of cities and towns that:
55 [(i)] (A) are used or reserved for business, commerce, or trade, or zoned as a highway
56 service zone, under comprehensive local zoning ordinances or regulations or enabling state
57 legislation; and
58 [(ii)] (B) are within 8,420 feet of an interstate highway exit, off-ramp, or turnoff as

59 measured from the nearest point of the beginning or ending of the pavement widening at the
60 exit from or entrance to the main-traveled way; or
61 [(d)] (iv) those areas outside the boundaries of urbanized counties and outside the
62 boundaries of cities and towns and not within 8,420 feet of an interstate highway exit,
63 off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the
64 pavement widening at the exit from or entrance to the main-traveled way that are reserved for
65 business, commerce, or trade under enabling state legislation or comprehensive local zoning
66 ordinances or regulations, and are actually used for commercial or industrial purposes.
67 [(4)] (b) "Commercial or industrial zone" does not mean areas zoned for the sole
68 purpose of allowing outdoor advertising.
69 [(5)] (4) "Comprehensive local zoning ordinances or regulations" means a
70 municipality's comprehensive plan required by Section 10-9a-401 , the municipal zoning plan
71 authorized by Section 10-9a-501 , and the county master plan authorized by Sections
72 17-27a-401 and 17-27a-501 . Property that is rezoned by comprehensive local zoning
73 ordinances or regulations is rebuttably presumed to have not been zoned for the sole purpose of
74 allowing outdoor advertising.
75 [(6)] (5) "Directional signs" means signs containing information about public places
76 owned or operated by federal, state, or local governments or their agencies, publicly or
77 privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites,
78 and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department
79 considers to be in the interest of the traveling public.
80 [(7)] (6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach,
81 create, paint, draw, or in any other way bring into being.
82 (b) "Erect" does not include any activities defined in Subsection [(7)] (6)(a) if they are
83 performed incident to the change of an advertising message or customary maintenance of a
84 sign.
85 [(8)] ( 7) "Highway service zone" means a highway service area where the primary use
86 of the land is used or reserved for commercial and roadside services other than outdoor
87 advertising to serve the traveling public.
88 [(9)] (8) "Information center" means an area or site established and maintained at rest
89 areas for the purpose of informing the public of:

90 (a) places of interest within the state; or
91 (b) any other information that the department considers desirable.
92 [(10)] (9) "Interchange or intersection" means those areas and their approaches where
93 traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration
94 lanes, or feeder systems, from or to another federal, state, county, city, or other route.
95 [(11)] (10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
96 [(12)] (11) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an
97 existing sign structure safe and in a state suitable for use, including signs destroyed by
98 vandalism or an act of God.
99 [(13)] (12) "Main-traveled way" means the through traffic lanes, including auxiliary
100 lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads
101 and ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
102 direction.
103 (13) "Major sponsor" means a sponsor of a public assembly facility or of a team or
104 event held at the facility where the amount paid by the sponsor to the owner of the facility, to
105 the team, or for the event is at least $100,000 per year.
106 (14) "Official signs and notices" means signs and notices erected and maintained by
107 public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
108 official duties or responsibilities in accordance with direction or authorization contained in
109 federal, state, or local law.
110 (15) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
111 H-1 and in areas determined by the department to be unzoned industrial or commercial that
112 advertise an activity, service, event, person, or product located on premises other than the
113 premises at which the advertising occurs.
114 (16) "On-premise signs" means signs used to advertise the major activities conducted
115 on the property where the sign is located.
116 (17) "Outdoor advertising" means any outdoor advertising structure or outdoor
117 structure used in combination with an outdoor advertising sign or outdoor sign within the
118 outdoor advertising corridor which is visible from a place on the main-traveled way of a
119 controlled route.
120 (18) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured

121 perpendicular from the edge of a controlled highway right-of-way.
122 (19) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
123 including any necessary devices, supports, appurtenances, and lighting that is part of or
124 supports an outdoor sign.
125 (20) "Point of widening" means the point of the gore or the point where the intersecting
126 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
127 than 2,640 feet from the center line of the intersecting highway of the interchange or
128 intersection at grade.
129 (21) "Public assembly facility" means a convention facility as defined under Section
130 59-12-602 and that:
131 (a) includes all contiguous interests in land, improvements, and utilities acquired,
132 constructed, and used in connection with the operation of the public assembly facility, whether
133 the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
134 and regardless of whether the interests are owned or operated by separate governmental
135 authorities or districts;
136 [(a)] (b) is wholly or partially funded by public money; [and]
137 [(b)] (c) requires a person attending an event at the public assembly facility to purchase
138 a ticket or that otherwise charges for the use of the public assembly facility as part of its regular
139 operation[.]; and
140 (d) has a minimum and permanent seating capacity of at least 10,500 people.
141 (22) "Public assembly facility sign" means a sign located on a public assembly facility
142 that only advertises the public assembly facility, major sponsors, events, the sponsors of events
143 held or teams playing at the facility, and products sold or services conducted at the facility.
144 [(22)] (23) "Relocation" includes the removal of a sign from one situs together with the
145 erection of a new sign upon another situs in a commercial or industrial zoned area as a
146 substitute.
147 [(23)] (24) "Relocation and replacement" means allowing all outdoor advertising signs
148 or permits the right to maintain outdoor advertising along the interstate, federal aid primary
149 highway existing as of June 1, 1991, and national highway system highways to be maintained
150 in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
151 widening of the highway systems.

152 [(24)] (25) "Remodel" means the upgrading, changing, alteration, refurbishment,
153 modification, or complete substitution of a new outdoor advertising structure for one permitted
154 pursuant to this part and that is located in a commercial or industrial area.
155 [(25)] (26) "Rest area" means an area or site established and maintained within or
156 adjacent to the right-of-way by or under public supervision or control for the convenience of
157 the traveling public.
158 [(26)] (27) "Scenic or natural area" means an area determined by the department to
159 have aesthetic value.
160 [(27)] (28) "Traveled way" means that portion of the roadway used for the movement
161 of vehicles, exclusive of shoulders and auxiliary lanes.
162 [(28)] (29) (a) "Unzoned commercial or industrial area" means:
163 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
164 occupied by one or more industrial or commercial activities other than outdoor advertising
165 signs;
166 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
167 those activities; and
168 (iii) lands covering the same dimensions that are directly opposite those activities on
169 the other side of the highway, if the department determines that those lands on the opposite side
170 of the highway do not have scenic or aesthetic value.
171 (b) In measuring the scope of the unzoned commercial or industrial area, all
172 measurements shall be made from the outer edge of the regularly used buildings, parking lots,
173 storage, or processing areas of the activities and shall be along or parallel to the edge of
174 pavement of the highway.
175 (c) All signs located within an unzoned commercial or industrial area become
176 nonconforming if the commercial or industrial activity used in defining the area ceases for a
177 continuous period of 12 months.
178 [(29)] (30) "Urbanized county" means a county with a population of at least 125,000
179 persons.
180 [(30)] (31) "Visibility area" means the area on a street or highway that is:
181 (a) defined at one end by a line extending from the base of the billboard across all lanes
182 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and

183 (b) defined on the other end by a line extending across all lanes of traffic of the street
184 or highway in a plane that is:
185 (i) perpendicular to the street or highway; and
186 (ii) 500 feet from the base of the billboard.
187 Section 2. Section 72-7-504.5 is amended to read:
188 72-7-504.5. Public assembly facility signs -- Restrictions.
189 (1) Signs on the premises of a public assembly facility that do not bring rental income
190 to the owner of the public assembly facility may advertise:
191 [(1)] (a) the name of the facility, including identifiable venues or stores within the
192 facility; and
193 [(2)] (b) principal or accessory products or services offered on the property and
194 activities conducted on the property as permitted by 23 C.F.R. Section 750.709, including:
195 [(a)] (i) events being conducted in the facility or upon the premises, including the
196 sponsor of the current event; and
197 [(b)] (ii) products or services sold at the facility and activities conducted on the
198 property that produce significant income to the operation of the facility.
199 (2) An advertising structure described in Subsection (1):
200 (a) shall be located on a public assembly facility or on a parcel contiguous to the public
201 assembly facility;
202 (b) shall be under the same ownership as the public assembly facility; and
203 (c) may not be separated from the public assembly facility by a public road.
204 (3) An advertising structure described in Subsection (1) may only promote a maximum
205 of seven major sponsors and the sponsor of a current event at any one time.
206 (4) An advertising structure described in Subsection (1) may not be located on narrow
207 land held by easement or anything other than a fee interest unless it is a part of a public
208 assembly facility.
209 (5) A public assembly facility is exempt from the requirement under this part to have a
210 state outdoor advertising permit.
211 Section 3. Section 72-7-508 is amended to read:
212 72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
213 review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --

214 Immunity for Department of Transportation.
215 (1) Outdoor advertising is unlawful when:
216 (a) erected after May 9, 1967, contrary to the provisions of this chapter;
217 (b) a permit is not obtained as required by this part;
218 (c) a false or misleading statement has been made in the application for a permit that
219 was material to obtaining the permit; or
220 (d) the sign for which a permit was issued is not in a reasonable state of repair, is
221 unsafe, or is otherwise in violation of this part.
222 (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
223 to this chapter is also a public nuisance.
224 (3) Except as provided in Subsection (4), in its enforcement of this section, the
225 department shall comply with the procedures and requirements of Title 63G, Chapter 4,
226 Administrative Procedures Act.
227 (4) (a) The district courts shall have jurisdiction to review by trial de novo all final
228 orders of the department under this part resulting from formal and informal adjudicative
229 proceedings.
230 (b) Venue for judicial review of final orders of the department shall be in the county in
231 which the sign is located.
232 (5) If the department is granted a judgment, the department is entitled to have any
233 nuisance abated and recover from the responsible person, firm, or corporation, jointly and
234 severally:
235 (a) the costs and expenses incurred in removing the sign; and
236 (b) $100 for each day the sign was maintained following the expiration of 10 days after
237 notice of agency action was filed and served under Section 63G-4-201 .
238 (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
239 destroys, or uses any sign controlled under this chapter without the owner's permission is liable
240 to the owner of the sign for treble the amount of damage sustained and all costs of court,
241 including a reasonable [attorney's fee] attorney fees, and is guilty of a class C misdemeanor.
242 (b) This Subsection (6) does not apply to the department, its agents, or employees if
243 acting to enforce this part.
244 (7) The following criteria shall be used for determining whether an existing sign has as

245 its purpose unlawful off-premise outdoor advertising:
246 (a) whether the sign complies with this part;
247 (b) whether the premise includes an area:
248 (i) from which the general public is serviced according to normal industry practices for
249 organizations of that type; or
250 (ii) that is directly connected to or is involved in carrying out the activities and normal
251 industry practices of the advertised activities, services, events, persons, or products;
252 (c) whether the sign generates revenue:
253 (i) arising from the advertisement of activities, services, events, or products not
254 available on the premises according to normal industry practices for organizations of that type;
255 (ii) arising from the advertisement of activities, services, events, persons, or products
256 that are incidental to the principal activities, services, events, or products available on the
257 premise; and
258 (iii) including the following:
259 (A) money;
260 (B) securities;
261 (C) real property interest;
262 (D) personal property interest;
263 (E) barter of goods or services;
264 (F) promise of future payment or compensation; or
265 (G) forbearance of debt;
266 (d) whether the purveyor of the activities, services, events, persons, or products being
267 advertised:
268 (i) carries on hours of operation on the premise comparable to the normal industry
269 practice for a business, service, or operation of that type, or posts the hours of operation on the
270 premise in public view;
271 (ii) has available utilities comparable to the normal industry practice for an entity of
272 that type; and
273 (iii) has a current valid business license or permit under applicable local ordinances,
274 state law, and federal law to conduct business on the premise upon which the sign is located;
275 (e) whether the advertisement is located on the site of any auxiliary facility that is not

276 essential to, or customarily used in, the ordinary course of business for the activities, services,
277 events, persons, or products being advertised; or
278 (f) whether the sign or advertisement is located on property that is not contiguous to a
279 property that is essential and customarily used for conducting the business of the activities,
280 services, events, persons, or products being advertised.
281 (8) The following do not qualify as a business under Subsection (7):
282 (a) public or private utility corridors or easements;
283 (b) railroad tracks;
284 (c) outdoor advertising signs or structures;
285 (d) vacant lots;
286 (e) transient or temporary activities; or
287 (f) storage of accessory products.
288 (9) The sign owner has the burden of proving, by a preponderance of the evidence, that
289 the advertised activity is conducted on the premise.




Legislative Review Note
as of 2-24-11 11:45 AM

Office of Legislative Research and General Counsel