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First Substitute H.B. 87
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a billboard and electronic or mechanical
10 changeable message sign.
11 Highlighted Provisions:
12 This bill:
13 . amends language related to a municipal or county review of a land use application;
14 . prohibits a municipality or county from enacting or enforcing certain billboard
15 ordinances;
16 . requires a municipality or county to follow the requirements of Title 78B, Chapter
17 6, Part 5, Eminent Domain, when terminating a billboard owner's billboard or
18 associated rights;
19 . prohibits a municipality or county from preventing a billboard owner from taking
20 certain actions unless the municipality or county commences eminent domain
21 proceedings;
22 . enacts language related to attorney fees;
23 . prohibits a municipality or county from making certain requirements of a billboard
24 owner or a person who has a lease with a billboard owner;
25 . enacts language related to an arbitration between a municipality or a county and a
26 billboard owner;
27 . defines terms;
28 . amends provisions related to an electronic or mechanical changeable message sign;
29 . enacts language related to the obstruction of an outdoor advertising sign;
30 . prohibits a political subdivision from exercising the right of eminent domain to
31 terminate a billboard owner's billboard structure or associated rights in certain
32 circumstances; and
33 . makes technical corrections.
34 Money Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 10-9a-509.5, as last amended by Laws of Utah 2010, Chapter 378
41 10-9a-511, as last amended by Laws of Utah 2011, Chapter 210
42 10-9a-512, as renumbered and amended by Laws of Utah 2005, Chapter 254
43 10-9a-513, as last amended by Laws of Utah 2009, Chapters 170 and 233
44 17-27a-509.5, as last amended by Laws of Utah 2008, Chapter 112
45 17-27a-510, as last amended by Laws of Utah 2009, Chapter 170
46 17-27a-511, as renumbered and amended by Laws of Utah 2005, Chapter 254
47 17-27a-512, as last amended by Laws of Utah 2009, Chapters 170 and 233
48 72-7-502, as last amended by Laws of Utah 2011, Chapter 346
49 72-7-505, as last amended by Laws of Utah 2011, Chapter 346
50 72-7-508, as last amended by Laws of Utah 2011, Chapter 346
51 72-7-510, as last amended by Laws of Utah 2008, Chapter 3
52 72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
53 78B-6-501, as last amended by Laws of Utah 2011, Chapter 82
54 ENACTS:
55 10-9a-513.5, Utah Code Annotated 1953
56 17-27a-512.5, Utah Code Annotated 1953
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 10-9a-509.5 is amended to read:
60 10-9a-509.5. Review for application completeness -- Substantive application
61 review -- Reasonable diligence required for determination of whether improvements or
62 warranty work meets standards -- Money damages claim prohibited.
63 (1) (a) Each municipality shall, in a timely manner, determine whether an application is
64 complete for the purposes of subsequent, substantive land use authority review.
65 (b) After a reasonable period of time to allow the municipality diligently to evaluate
66 whether all objective ordinance-based application criteria have been met, if application fees
67 have been paid, the applicant may in writing request that the municipality provide a written
68 determination either that the application is:
69 (i) complete for the purposes of allowing subsequent, substantive land use authority
70 review; or
71 (ii) deficient with respect to a specific, objective, ordinance-based application
72 requirement.
73 (c) Within 30 days of receipt of an applicant's request under this section, the
74 municipality shall either:
75 (i) mail a written notice to the applicant advising that the application is deficient with
76 respect to a specified, objective, ordinance-based criterion, and stating that the application shall
77 be supplemented by specific additional information identified in the notice; or
78 (ii) accept the application as complete for the purposes of further substantive
79 processing by the land use authority.
80 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
81 shall be considered complete, for purposes of further substantive land use authority review.
82 (e) (i) The applicant may raise and resolve in a single appeal any determination made
83 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
84 period of time has elapsed under Subsection (1)(a).
85 (ii) The appeal authority shall issue a written decision for any appeal requested under
86 this Subsection (1)(e).
87 (f) (i) The applicant may appeal to district court the decision of the appeal authority
88 made under Subsection (1)(e).
89 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
90 the written decision.
91 (2) (a) Each land use authority shall substantively review a complete application and an
92 application considered complete under Subsection (1)(d), and shall approve or deny each
93 application with reasonable diligence.
94 (b) After a reasonable period of time to allow the land use authority to consider an
95 application, the applicant may in writing request that the land use authority take final action
96 within 45 days from date of service of the written request.
97 (c) The land use authority shall take final action, approving or denying the application
98 within 45 days of the written request.
99 (d) If the land use authority denies an application processed under the mandates of
100 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
101 land use authority shall include its reasons for denial in writing, on the record, which may
102 include the official minutes of the meeting in which the decision was rendered.
103 (e) If the land use authority fails to comply with Subsection (2)(c)[
104 (i) the applicant may appeal this failure to district court within 30 days of:
105 (A) the written decision; or
106 (B) the date on which the land use authority is required to take final action under
107 Subsection (2)(c)[
108 (ii) if an applicant is an owner of a billboard, the applicant may elect to pursue the
109 provisions of Section 10-9a-513.5 .
110 (f) If a billboard owner files an appeal under Subsection (2)(e)(i):
111 (i) the district court may consider only those reasons for denial that have been issued in
112 writing by the land use authority;
113 (ii) the land use authority may not advance or argue any reason why the application
114 should be denied other than a reason set forth in Subsection (2)(d);
115 (iii) the district court shall enter a judgment approving or denying the application; and
116 (iv) if the district court enters a judgment approving the application, the court shall
117 award the applicant attorney fees, costs, and expenses incurred on appeal.
118 (3) (a) With reasonable diligence, each land use authority shall determine whether the
119 installation of required subdivision improvements or the performance of warranty work meets
120 the municipality's adopted standards.
121 (b) (i) An applicant may in writing request the land use authority to accept or reject the
122 applicant's installation of required subdivision improvements or performance of warranty work.
123 (ii) The land use authority shall accept or reject subdivision improvements within 15
124 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
125 practicable after that 15-day period if inspection of the subdivision improvements is impeded
126 by winter weather conditions.
127 (iii) The land use authority shall accept or reject the performance of warranty work
128 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
129 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
130 winter weather conditions.
131 (c) If a land use authority determines that the installation of required subdivision
132 improvements or the performance of warranty work does not meet the municipality's adopted
133 standards, the land use authority shall comprehensively and with specificity list the reasons for
134 its determination.
135 [
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138 [
139 section.
140 Section 2. Section 10-9a-511 is amended to read:
141 10-9a-511. Nonconforming uses and noncomplying structures.
142 (1) (a) Except as provided in this section, a nonconforming use or noncomplying
143 structure may be continued by the present or a future property owner.
144 (b) A nonconforming use may be extended through the same building, provided no
145 structural alteration of the building is proposed or made for the purpose of the extension.
146 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
147 building is not a structural alteration.
148 (2) The legislative body may provide for:
149 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
150 substitution of nonconforming uses upon the terms and conditions set forth in the land use
151 ordinance;
152 (b) the termination of all nonconforming uses, except billboards, by providing a
153 formula establishing a reasonable time period during which the owner can recover or amortize
154 the amount of his investment in the nonconforming use, if any; and
155 (c) the termination of a nonconforming use due to its abandonment.
156 (3) (a) A municipality may not prohibit the reconstruction or restoration of a
157 noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
158 destroyed in whole or in part due to fire or other calamity unless the structure or use has been
159 abandoned.
160 (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
161 structure or terminate the nonconforming use of a structure if:
162 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
163 uninhabitable and is not repaired or restored within six months after written notice to the
164 property owner that the structure is uninhabitable and that the noncomplying structure or
165 nonconforming use will be lost if the structure is not repaired or restored within six months; or
166 (ii) the property owner has voluntarily demolished a majority of the noncomplying
167 structure or the building that houses the nonconforming use.
168 (c) (i) Notwithstanding a prohibition in its zoning ordinance, a municipality may
169 permit a billboard owner to relocate the billboard within the municipality's boundaries to a
170 location that is mutually acceptable to the municipality and the billboard owner.
171 (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
172 location within 90 days after the owner submits a written request to relocate the billboard, the
173 [
174 specified in Subsection 10-9a-513 (2)(a)(iv) [
175 eminent domain proceedings in accordance with the provisions of Section 10-9a-512 within 90
176 days after the day that the billboard owner submits a written request to relocate the billboard.
177 (d) (i) Except as provided in Subsection (3)(e), a municipality may not enact or enforce
178 an ordinance that prevents an owner of an existing nonconforming or conforming billboard
179 from upgrading that billboard to an electronic or mechanical changeable message sign that
180 operates in conformance with Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
181 (ii) A municipality may not enact or enforce an ordinance that forces an owner of an
182 existing nonconforming or conforming billboard to forfeit any other billboard owned by the
183 same owner in order to upgrade the existing nonconforming or conforming billboard to an
184 electronic or mechanical changeable message sign that operates in conformance with Title 72,
185 Chapter 7, Part 5, Utah Outdoor Advertising Act.
186 (e) A municipality may, subject to Subsection (3)(f), impose a midnight to 6 a.m.
187 curfew on the operation of an electronic or mechanical changeable message sign.
188 (f) A municipality may not impose the curfew described in Subsection (3)(e) unless:
189 (i) the electronic or mechanical changeable message sign is located outside of an area
190 governed by the Highway Beautification Act of 1965, Pub. L. No. 89-285, 79 Stat. 1028, or the
191 Utah-Federal Agreement, as defined in Section 72-7-515 ; and
192 (ii) the face of the electronic or mechanical changeable message sign:
193 (A) is within 150 feet of the outer edge of an existing residential dwelling structure that
194 is legally occupied and located on property zoned exclusively for residential purposes; and
195 (B) is oriented toward the structure described in Subsection (3)(f)(ii)(A).
196 (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
197 legal existence for nonconforming uses, the property owner shall have the burden of
198 establishing the legal existence of a noncomplying structure or nonconforming use.
199 (b) Any party claiming that a nonconforming use has been abandoned shall have the
200 burden of establishing the abandonment.
201 (c) Abandonment may be presumed to have occurred if:
202 (i) a majority of the primary structure associated with the nonconforming use has been
203 voluntarily demolished without prior written agreement with the municipality regarding an
204 extension of the nonconforming use;
205 (ii) the use has been discontinued for a minimum of one year; or
206 (iii) the primary structure associated with the nonconforming use remains vacant for a
207 period of one year.
208 (d) The property owner may rebut the presumption of abandonment under Subsection
209 (4)(c), and shall have the burden of establishing that any claimed abandonment under
210 Subsection (4)(b) has not in fact occurred.
211 (5) A municipality may terminate the nonconforming status of a school district or
212 charter school use or structure when the property associated with the school district or charter
213 school use or structure ceases to be used for school district or charter school purposes for a
214 period established by ordinance.
215 (6) A municipal ordinance adopted under Section 10-1-203 may not:
216 (a) require physical changes in a structure with a legal nonconforming rental housing
217 use unless the change is for:
218 (i) the reasonable installation of:
219 (A) a smoke detector that is plugged in or battery operated;
220 (B) a ground fault circuit interrupter protected outlet on existing wiring;
221 (C) street addressing;
222 (D) except as provided in Subsection (7), an egress bedroom window if the existing
223 bedroom window is smaller than that required by current state building code;
224 (E) an electrical system or a plumbing system, if the existing system is not functioning
225 or is unsafe as determined by an independent electrical or plumbing professional who is
226 licensed in accordance with Title 58, Occupations and Professions;
227 (F) hand or guard rails; or
228 (G) occupancy separation doors as required by the International Residential Code; or
229 (ii) the abatement of a structure; or
230 (b) be enforced to terminate a legal nonconforming rental housing use.
231 (7) A municipality may not require a change described in Subsection (6)(a)(i)(D) if the
232 change:
233 (a) would compromise the structural integrity of a building; or
234 (b) could not be completed in accordance with current building codes, including
235 set-back and window well requirements.
236 (8) A legal nonconforming rental housing use may not be terminated under Section
237 10-1-203 .
238 Section 3. Section 10-9a-512 is amended to read:
239 10-9a-512. Termination of a billboard and associated rights -- Eminent domain.
240 (1) A municipality may only require termination of a billboard and associated property
241 rights through:
242 (a) gift;
243 (b) purchase;
244 (c) agreement;
245 (d) exchange; or
246 (e) subject to Subsection (3), eminent domain.
247 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
248 of the billboard owner.
249 (3) If a municipality terminates a billboard owner's billboard or associated rights
250 through eminent domain, the municipality shall exercise the right of eminent domain in
251 accordance with and subject to the requirements of Title 78B, Chapter 6, Part 5, Eminent
252 Domain.
253 Section 4. Section 10-9a-513 is amended to read:
254 10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
255 without providing compensation -- Limit on allowing nonconforming billboards to be
256 rebuilt or replaced -- Validity of municipal permit after issuance of state permit -- Just
257 compensation in eminent domain proceeding -- Municipal conditions on billboard
258 prohibited.
259 (1) As used in this section:
260 (a) "Clearly visible" means capable of being [
261 occupant of a vehicle traveling on a street or highway within the visibility area.
262 (b) "Highest allowable height" means:
263 (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
264 height under Subsection (1)(b)(ii), the height allowed by the municipality; or
265 (ii) (A) for a noninterstate billboard:
266 (I) if the height of the previous use or structure is 45 feet or higher, the height of the
267 previous use or structure; or
268 (II) if the height of the previous use or structure is less than 45 feet, the height of the
269 previous use or structure or the height to make the entire advertising content of the billboard
270 clearly visible, whichever is higher, but no higher than 45 feet; and
271 (B) for an interstate billboard:
272 (I) if the height of the previous use or structure is at or above the interstate height, the
273 height of the previous use or structure; or
274 (II) if the height of the previous use or structure is less than the interstate height, the
275 height of the previous use or structure or the height to make the entire advertising content of
276 the billboard clearly visible, whichever is higher, but no higher than the interstate height.
277 (c) "Interstate billboard" means a billboard that is intended to be viewed from a
278 highway that is an interstate.
279 (d) "Interstate height" means a height that is the higher of:
280 (i) 65 feet above the ground; and
281 (ii) 25 feet above the grade of the interstate.
282 (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
283 street or highway that is not an interstate.
284 (f) "Visibility area" means the area on a street or highway that is:
285 (i) defined at one end by a line extending from the base of the billboard across all lanes
286 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
287 (ii) defined on the other end by a line extending across all lanes of traffic of the street
288 or highway in a plane that is:
289 (A) perpendicular to the street or highway; and
290 (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
291 (II) for a noninterstate billboard, 300 feet from the base of the billboard.
292 (2) (a) A municipality [
293
294 prevent a billboard owner from taking one or any of the following actions unless the
295 municipality has first commenced, subject to Subsection (2)(b)(i), eminent domain proceedings
296 as described in Section 10-9a-512 :
297 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
298 by casualty, an act of God, or vandalism;
299 (ii) except as provided in Subsection (2)[
300 structure, or taking other measures, to correct a mistake in the placement or erection of a
301 billboard for which the municipality has issued a permit, if the proposed relocation, rebuilding,
302 or other measure is consistent with the intent of that permit;
303 (iii) structurally modifying or upgrading a billboard;
304 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
305 within the municipality's boundaries, if:
306 (A) the relocated billboard is:
307 (I) within 5,280 feet of its previous location; and
308 (II) no closer than:
309 (Aa) 300 feet from an off-premise sign existing on the same side of the street or
310 highway; or
311 (Bb) if the street or highway is an interstate or limited access highway that is subject to
312 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that act
313 between the relocated billboard and an off-premise sign existing on the same side of the
314 interstate or limited access highway; and
315 (B) (I) the billboard owner has submitted a written request under Subsection
316 10-9a-511 (3)(c); and
317 (II) the municipality and billboard owner are unable to agree, within the time provided
318 in Subsection 10-9a-511 (3)(c), to a mutually acceptable location; [
319 (v) making the following modifications, as the billboard owner determines, to a
320 billboard that is structurally modified or upgraded under Subsection (2)(a)(iii) or relocated
321 under Subsection (2)(a)(iv):
322 (A) erecting the billboard:
323 (I) to the highest allowable height; and
324 (II) as the owner determines, to an angle that makes the entire advertising content of
325 the billboard clearly visible; and
326 (B) installing a sign face on the billboard that is at least the same size as, but no larger
327 than, the sign face on the billboard before its relocation[
328 (vi) exercising a right granted to a billboard owner under the provisions of Title 72,
329 Chapter 7, Part 5, Utah Outdoor Advertising Act.
330 (b) (i) Notwithstanding Subsection (2)(a), a municipality may not commence eminent
331 domain proceedings to prevent a billboard owner from upgrading a billboard to an electronic or
332 mechanical changeable message sign.
333 [
334 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
335 (c) A [
336 relocate or rebuild a billboard structure, or to take other measures, in order to correct a mistake
337 in the placement or erection of a billboard [
338 without commencing eminent domain proceedings under Subsection (2)(a) if the mistake in
339 placement or erection of the billboard is determined by clear and convincing evidence to have
340 resulted from an intentionally false or misleading statement:
341 (i) by the billboard applicant in the application; and
342 (ii) regarding the placement or erection of the billboard.
343 (d) If a municipality [
344 billboard structure by eminent domain under Subsection (2)(a) or any other provision of
345 applicable law, the municipality shall pay just compensation to the billboard owner in an
346 amount that is:
347 (i) the value of the existing billboard at a fair market capitalization rate, based on
348 actual annual revenue, less any annual rent expense;
349 (ii) the value of any other right associated with the billboard structure that is acquired;
350 (iii) the cost of the sign structure; and
351 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which the
352 billboard owner's interest is a part.
353 (3) Notwithstanding Subsection (2) and Section 10-9a-512 , a municipality may
354 [
355 (a) the municipality determines:
356 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
357 false or misleading statement in the applicant's application regarding the placement or erection
358 of the billboard; or
359 (ii) by substantial evidence that the billboard:
360 (A) is structurally unsafe;
361 (B) is in an unreasonable state of repair; or
362 (C) has been abandoned for at least 12 months;
363 (b) the municipality notifies the owner in writing that the owner's billboard meets one
364 or more of the conditions listed in Subsections (3)(a)(i) and (ii);
365 (c) the owner fails to remedy the condition or conditions within:
366 (i) except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
367 receipt of written notice under Subsection (3)(b); or
368 (ii) if the condition forming the basis of the municipality's intention to remove the
369 billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
370 because of a natural disaster, following the billboard owner's receipt of written notice under
371 Subsection (3)(b); and
372 (d) following the expiration of the applicable period under Subsection (3)(c) and after
373 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
374 the municipality finds:
375 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
376 a false or misleading statement in the application regarding the placement or erection of the
377 billboard; or
378 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
379 unreasonable state of repair, or has been abandoned for at least 12 months.
380 (4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
381 by anyone other than its owner or the owner acting through its contractors.
382 (5) A permit issued, extended, or renewed by a municipality for a billboard remains
383 valid from the time the municipality issues, extends, or renews the permit until 180 days after a
384 required state permit is issued for the billboard if:
385 (a) the billboard requires a state permit; and
386 (b) an application for the state permit is filed within 30 days after the municipality
387 issues, extends, or renews a permit for the billboard.
388 (6) A municipality may not require a billboard owner to remove or alter a billboard, or
389 require that a person who has a lease, easement, or other agreement with a billboard owner to
390 terminate or fail to renew that lease, easement, or other agreement as a condition of issuing or
391 approving:
392 (a) a permit;
393 (b) a license;
394 (c) a zone change;
395 (d) a variance;
396 (e) any land use entitlement; or
397 (f) any other land use approval or ordinance.
398 Section 5. Section 10-9a-513.5 is enacted to read:
399 10-9a-513.5. Billboard arbitration.
400 (1) (a) A billboard owner may challenge or dispute a decision, action, or failure to
401 timely act made by a municipality or land use authority concerning a billboard by serving a
402 notice of arbitration upon the municipality within the time for an appeal of that action or
403 inaction.
404 (b) A billboard owner need not exhaust administrative remedies available to the
405 billboard owner in order to pursue a remedy under this section.
406 (2) (a) A notice of arbitration shall set forth:
407 (i) the decision, action, or failure to act that is the subject of the arbitration; and
408 (ii) the name of the billboard owner's choice of an arbitrator.
409 (b) The municipality shall have 21 days after the day on which the municipality
410 receives a notice of arbitration to respond, in accordance with this Subsection (2)(b), to the
411 notice.
412 (i) The municipality's response shall:
413 (A) set forth the reasons, if any, for the municipality's decision, action, or failure to act;
414 and
415 (B) include a statement of agreement or disagreement with the billboard owner's choice
416 of arbitrator.
417 (ii) If the municipality does not agree to the billboard owner's selected arbitrator, the
418 municipality shall submit its own choice of arbitrator in the municipality's response to the
419 notice of arbitration.
420 (iii) If the billboard owner and municipality cannot agree on a single arbitrator, a panel
421 of three arbitrators will conduct the arbitration with each party's chosen arbitrator selecting the
422 third arbitrator.
423 (iv) If the municipality fails to timely serve a complete response, in accordance with
424 Subsection (2)(b)(i), to a notice of arbitration under Subsection (2)(b), the billboard owner's
425 land use application shall be considered approved and all associated permits shall be issued
426 upon payment of the required fees.
427 (3) (a) An arbitration under this section shall commence:
428 (i) within 30 days of a municipality timely serving its response to the notice of
429 arbitration; or
430 (ii) if the arbitration is conducted by a panel of arbitrators in accordance with
431 Subsection (2)(b)(iii), within 45 days of a timely service of a municipality's response to the
432 notice of arbitration.
433 (b) Unless otherwise agreed to in writing:
434 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
435 under Subsection (2)(b); or
436 (ii) if an arbitration panel is selected under Subsection (2)(b)(iii):
437 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
438 (B) each party shall pay an equal share of the fees and costs of the third arbitrator
439 selected in accordance with Subsection (2)(b)(iii).
440 (c) Except as otherwise provided in this section or unless otherwise agreed to in
441 writing by the parties, an arbitration proceeding conducted under this section is governed by
442 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
443 (4) An arbitration award issued under this section shall be:
444 (a) issued within 60 days of the commencement of the arbitration; and
445 (b) the final resolution of all claims related to the dispute unless:
446 (i) the award is procured by corruption, fraud, or other undue means; or
447 (ii) either party, within 20 days after issuance of the arbitration award, files a complaint
448 requesting a trial de novo in the district court.
449 (5) Upon filing a complaint for a trial de novo under Subsection (4)(b)(ii), a claim shall
450 proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
451 Evidence in the district court.
452 (a) The arbitration award may not be offered as evidence in a trial de novo under
453 Subsection (4)(b)(ii), except as provided in Subsection (6).
454 (b) The court may not presume that the municipality's decision, inaction, or action is
455 valid.
456 (c) (i) Subject to Subsection (5)(c)(ii), the court may accept evidence.
457 (ii) In reviewing a decision to deny a billboard owner's land use application, the
458 municipality may not argue any reasons why the application should be denied other those set
459 forth in the written decision required by Subsection 10-9a-509.5 (2)(e)(i)(A).
460 (6) A party to a trial de novo under Subsection (4)(b)(ii) that prevails at both the trial
461 de novo and the arbitration conducted under Subsection (3) shall be entitled to attorney fees,
462 costs, and expenses incurred in the arbitration and the trial de novo.
463 (a) A party may not offer an arbitration award issued in accordance with Subsection (4)
464 as evidence to the district court unless the award is offered as evidence in a motion for attorney
465 fees, costs, and expenses as described in Subsection (6).
466 (b) An order resulting from a motion for attorney fees, costs, and expenses under
467 Subsection (6)(a) is a final judgment under Rule 54 of the Utah Rules of Civil Procedure.
468 Section 6. Section 17-27a-509.5 is amended to read:
469 17-27a-509.5. Review for application completeness -- Substantive application
470 review -- Reasonable diligence required for determination of whether improvements or
471 warranty work meets standards -- Money damages claim prohibited.
472 (1) (a) Each county shall, in a timely manner, determine whether an application is
473 complete for the purposes of subsequent, substantive land use authority review.
474 (b) After a reasonable period of time to allow the county diligently to evaluate whether
475 all objective ordinance-based application criteria have been met, if application fees have been
476 paid, the applicant may in writing request that the county provide a written determination either
477 that the application is:
478 (i) complete for the purposes of allowing subsequent, substantive land use authority
479 review; or
480 (ii) deficient with respect to a specific, objective, ordinance-based application
481 requirement.
482 (c) Within 30 days of receipt of an applicant's request under this section, the county
483 shall either:
484 (i) mail a written notice to the applicant advising that the application is deficient with
485 respect to a specified, objective, ordinance-based criterion, and stating that the application must
486 be supplemented by specific additional information identified in the notice; or
487 (ii) accept the application as complete for the purposes of further substantive
488 processing by the land use authority.
489 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
490 shall be considered complete, for purposes of further substantive land use authority review.
491 (e) (i) The applicant may raise and resolve in a single appeal any determination made
492 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
493 period of time has elapsed under Subsection (1)(a).
494 (ii) The appeal authority shall issue a written decision for any appeal requested under
495 this Subsection (1)(e).
496 (f) (i) The applicant may appeal to district court the decision of the appeal authority
497 made under Subsection (1)(e).
498 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
499 the written decision.
500 (2) (a) Each land use authority shall substantively review a complete application and an
501 application considered complete under Subsection (1)(d), and shall approve or deny each
502 application with reasonable diligence.
503 (b) After a reasonable period of time to allow the land use authority to consider an
504 application, the applicant may in writing request that the land use authority take final action
505 within 45 days from date of service of the written request.
506 (c) The land use authority shall take final action, approving or denying the application
507 within 45 days of the written request.
508 (d) If the land use authority denies an application processed under the mandates of
509 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
510 land use authority shall include its reasons for denial in writing, on the record, which may
511 include the official minutes of the meeting in which the decision was rendered.
512 (e) If the land use authority fails to comply with Subsection (2)(c)[
513 (i) the applicant may appeal this failure to district court within 30 days of:
514 (A) the written decision; or
515 (B) the date on which the land use authority should have taken final action under
516 Subsection (2)(c)[
517 (ii) if an applicant is an owner of a billboard, the applicant may elect to pursue the
518 provisions of Section 17-27a-512.5 .
519 (f) If a billboard owner files an appeal under Subsection (2)(e)(i):
520 (i) the district court may consider only those reasons for denial that have been issued in
521 writing by the land use authority;
522 (ii) the land use authority may not advance or argue any reason why the application
523 should be denied other than a reason set forth in Subsection (2)(d);
524 (iii) the district court shall enter a judgment approving or denying the application; and
525 (iv) if the district court enters a judgment approving the application, the court shall
526 award the applicant attorney fees, costs, and expenses incurred on appeal.
527 (3) (a) With reasonable diligence, each land use authority shall determine whether the
528 installation of required subdivision improvements or the performance of warranty work meets
529 the county's adopted standards.
530 (b) (i) An applicant may in writing request the land use authority to accept or reject the
531 applicant's installation of required subdivision improvements or performance of warranty work.
532 (ii) The land use authority shall accept or reject subdivision improvements within 15
533 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
534 practicable after that 15-day period if inspection of the subdivision improvements is impeded
535 by winter weather conditions.
536 (iii) The land use authority shall accept or reject the performance of warranty work
537 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
538 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
539 winter weather conditions.
540 (c) If a land use authority determines that the installation of required subdivision
541 improvements or the performance of warranty work does not meet the county's adopted
542 standards, the land use authority shall comprehensively and with specificity list the reasons for
543 its determination.
544 (4) Subject to Section 17-27a-508 , nothing in this section and no action or inaction of
545 the land use authority relieves an applicant's duty to comply with all applicable substantive
546 ordinances and regulations.
547 (5) There shall be no money damages remedy arising from a claim under this section.
548 Section 7. Section 17-27a-510 is amended to read:
549 17-27a-510. Nonconforming uses and noncomplying structures.
550 (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
551 structure may be continued by the present or a future property owner.
552 (b) A nonconforming use may be extended through the same building, provided no
553 structural alteration of the building is proposed or made for the purpose of the extension.
554 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
555 building is not a structural alteration.
556 (2) The legislative body may provide for:
557 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
558 substitution of nonconforming uses upon the terms and conditions set forth in the land use
559 ordinance;
560 (b) the termination of all nonconforming uses, except billboards, by providing a
561 formula establishing a reasonable time period during which the owner can recover or amortize
562 the amount of his investment in the nonconforming use, if any; and
563 (c) the termination of a nonconforming use due to its abandonment.
564 (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
565 structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
566 whole or in part due to fire or other calamity unless the structure or use has been abandoned.
567 (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
568 or terminate the nonconforming use of a structure if:
569 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
570 uninhabitable and is not repaired or restored within six months after written notice to the
571 property owner that the structure is uninhabitable and that the noncomplying structure or
572 nonconforming use will be lost if the structure is not repaired or restored within six months; or
573 (ii) the property owner has voluntarily demolished a majority of the noncomplying
574 structure or the building that houses the nonconforming use.
575 (c) (i) Notwithstanding a prohibition in its zoning ordinance, a county may permit a
576 billboard owner to relocate the billboard within the county's unincorporated area to a location
577 that is mutually acceptable to the county and the billboard owner.
578 (ii) If the county and billboard owner cannot agree to a mutually acceptable location
579 within 90 days after the owner submits a written request to relocate the billboard, the
580 [
581 Subsection 17-27a-512 (2)(a)(iv) [
582 proceedings in accordance with the provisions of Section 17-27a-511 within 90 days after the
583 day that the billboard owner submits a written request to relocate the billboard.
584 (d) (i) Except as provided in Subsection (3)(e), a county may not enact or enforce an
585 ordinance that prevents an owner of an existing nonconforming or conforming billboard from
586 upgrading that billboard to an electronic or mechanical changeable message sign that operates
587 in conformance with Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
588 (ii) A county may not enact or enforce an ordinance that forces an owner of an existing
589 nonconforming or conforming billboard to forfeit any other billboard owned by the same owner
590 in order to upgrade the existing nonconforming or conforming billboard to an electronic or
591 mechanical changeable message sign that operates in conformance with Title 72, Chapter 7,
592 Part 5, Utah Outdoor Advertising Act.
593 (e) A county may, subject to Subsection (3)(f), impose a midnight to 6 a.m. curfew on
594 the operation of an electronic or mechanical changeable message sign.
595 (f) A county may not impose the curfew described in Subsection (3)(e) unless:
596 (i) the electronic or mechanical changeable message sign is located outside of an area
597 governed by the Highway Beautification Act of 1965, Pub. L. No. 89-285, 79 Stat. 1028, or the
598 Utah-Federal Agreement, as defined in Section 72-7-515 ; and
599 (ii) the face of the electronic or mechanical changeable message sign:
600 (A) is within 150 feet of the outer edge of an existing residential dwelling structure that
601 is legally occupied and located on property zoned exclusively for residential purposes; and
602 (B) is oriented toward the structure described in Subsection (3)(f)(ii)(A).
603 (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
604 existence for nonconforming uses, the property owner shall have the burden of establishing the
605 legal existence of a noncomplying structure or nonconforming use.
606 (b) Any party claiming that a nonconforming use has been abandoned shall have the
607 burden of establishing the abandonment.
608 (c) Abandonment may be presumed to have occurred if:
609 (i) a majority of the primary structure associated with the nonconforming use has been
610 voluntarily demolished without prior written agreement with the county regarding an extension
611 of the nonconforming use;
612 (ii) the use has been discontinued for a minimum of one year; or
613 (iii) the primary structure associated with the nonconforming use remains vacant for a
614 period of one year.
615 (d) The property owner may rebut the presumption of abandonment under Subsection
616 (4)(c), and shall have the burden of establishing that any claimed abandonment under
617 Subsection (4)(c) has not in fact occurred.
618 (5) A county may terminate the nonconforming status of a school district or charter
619 school use or structure when the property associated with the school district or charter school
620 use or structure ceases to be used for school district or charter school purposes for a period
621 established by ordinance.
622 Section 8. Section 17-27a-511 is amended to read:
623 17-27a-511. Termination of a billboard and associated rights -- Eminent domain.
624 (1) A county may only require termination of a billboard and associated property rights
625 through:
626 (a) gift;
627 (b) purchase;
628 (c) agreement;
629 (d) exchange; or
630 (e) subject to Subsection (3), eminent domain.
631 (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
632 of the billboard owner.
633 (3) If a county terminates a billboard owner's billboard or associated rights through
634 eminent domain, the county shall exercise the right of eminent domain in accordance with and
635 subject to the requirements of Title 78B, Chapter 6, Part 5, Eminent Domain.
636 Section 9. Section 17-27a-512 is amended to read:
637 17-27a-512. County's acquisition of billboard by eminent domain -- Removal
638 without providing compensation -- Limit on allowing nonconforming billboard to be
639 rebuilt or replaced -- Validity of county permit after issuance of state permit -- Just
640 compensation in eminent domain proceeding -- County conditions on billboard
641 prohibited.
642 (1) As used in this section:
643 (a) "Clearly visible" means capable of being [
644 occupant of a vehicle traveling on a street or highway within the visibility area.
645 (b) "Highest allowable height" means:
646 (i) if the height allowed by the county, by ordinance or consent, is higher than the
647 height under Subsection (1)(b)(ii), the height allowed by the county; or
648 (ii) (A) for a noninterstate billboard:
649 (I) if the height of the previous use or structure is 45 feet or higher, the height of the
650 previous use or structure; or
651 (II) if the height of the previous use or structure is less than 45 feet, the height of the
652 previous use or structure or the height to make the entire advertising content of the billboard
653 clearly visible, whichever is higher, but no higher than 45 feet; and
654 (B) for an interstate billboard:
655 (I) if the height of the previous use or structure is at or above the interstate height, the
656 height of the previous use or structure; or
657 (II) if the height of the previous use or structure is less than the interstate height, the
658 height of the previous use or structure or the height to make the entire advertising content of
659 the billboard clearly visible, whichever is higher, but no higher than the interstate height.
660 (c) "Interstate billboard" means a billboard that is intended to be viewed from a
661 highway that is an interstate.
662 (d) "Interstate height" means a height that is the higher of:
663 (i) 65 feet above the ground; and
664 (ii) 25 feet above the grade of the interstate.
665 (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
666 street or highway that is not an interstate.
667 (f) "Visibility area" means the area on a street or highway that is:
668 (i) defined at one end by a line extending from the base of the billboard across all lanes
669 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
670 (ii) defined on the other end by a line extending across all lanes of traffic of the street
671 or highway in a plane that is:
672 (A) perpendicular to the street or highway; and
673 (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
674 (II) for a noninterstate billboard, 300 feet from the base of the billboard.
675 (2) (a) A county [
676
677 owner from taking one or any of the following actions unless the county has first commenced,
678 subject to Subsection (2)(b)(i), eminent domain proceedings as described in Section
679 17-27a-511 :
680 (i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damaged
681 by casualty, an act of God, or vandalism;
682 (ii) except as provided in Subsection (2)[
683 structure, or taking other measures, to correct a mistake in the placement or erection of a
684 billboard for which the county has issued a permit, if the proposed relocation, rebuilding, or
685 other measure is consistent with the intent of that permit;
686 (iii) structurally modifying or upgrading a billboard;
687 (iv) relocating a billboard into any commercial, industrial, or manufacturing zone
688 within the unincorporated area of the county, if:
689 (A) the relocated billboard is:
690 (I) within 5,280 feet of its previous location; and
691 (II) no closer than:
692 (Aa) 300 feet from an off-premise sign existing on the same side of the street or
693 highway; or
694 (Bb) if the street or highway is an interstate or limited access highway that is subject to
695 Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that act
696 between the relocated billboard and an off-premise sign existing on the same side of the
697 interstate or limited access highway; and
698 (B) (I) the billboard owner has submitted a written request under Subsection
699 17-27a-510 (3)(c); and
700 (II) the county and billboard owner are unable to agree, within the time provided in
701 Subsection 17-27a-510 (3)(c), to a mutually acceptable location; [
702 (v) making the following modifications, as the billboard owner determines, to a
703 billboard that is structurally modified or upgraded under Subsection (2)(a)(iii) or relocated
704 under Subsection (2)(a)(iv):
705 (A) erecting the billboard:
706 (I) to the highest allowable height; and
707 (II) as the owner determines, to an angle that makes the entire advertising content of
708 the billboard clearly visible; and
709 (B) installing a sign face on the billboard that is at least the same size as, but no larger
710 than, the sign face on the billboard before its relocation[
711 (vi) exercising a right granted to a billboard owner under the provisions of Title 72,
712 Chapter 7, Part 5, Utah Outdoor Advertising Act.
713 (b) (i) Notwithstanding Subsection (2)(a), a county may not commence eminent
714 domain proceedings to prevent a billboard owner from upgrading a billboard to an electronic or
715 mechanical changeable message sign.
716 [
717 Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
718 (c) A [
719 rebuild a billboard structure, or to take other measures, in order to correct a mistake in the
720 placement or erection of a billboard [
721 without commencing eminent domain proceedings under Subsection (2)(a) if the mistake in
722 placement or erection of the billboard is determined by clear and convincing evidence to have
723 resulted from an intentionally false or misleading statement:
724 (i) by the billboard applicant in the application; and
725 (ii) regarding the placement or erection of the billboard.
726 (d) If a county [
727 structure by eminent domain under Subsection [
728 law, the county shall pay just compensation to the billboard owner in an amount that is:
729 (i) the value of the existing billboard at a fair market capitalization rate, based on
730 actual annual revenue, less any annual rent expense;
731 (ii) the value of any other right associated with the billboard structure that is acquired;
732 (iii) the cost of the sign structure; and
733 (iv) damage to the economic unit described in Subsection 72-7-510 (3)(b), of which the
734 billboard owner's interest is a part.
735 (3) Notwithstanding Subsection (2) and Section 17-27a-511 , a county may [
736 require that a billboard owner remove a billboard without providing compensation if:
737 (a) the county determines:
738 (i) by clear and convincing evidence that the applicant for a permit intentionally made a
739 false or misleading statement in the applicant's application regarding the placement or erection
740 of the billboard; or
741 (ii) by substantial evidence that the billboard:
742 (A) is structurally unsafe;
743 (B) is in an unreasonable state of repair; or
744 (C) has been abandoned for at least 12 months;
745 (b) the county notifies the owner in writing that the owner's billboard meets one or
746 more of the conditions listed in Subsections (3)(a)(i) and (ii);
747 (c) the owner fails to remedy the condition or conditions within:
748 (i) except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
749 receipt of written notice under Subsection (3)(b); or
750 (ii) if the condition forming the basis of the county's intention to remove the billboard
751 is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
752 natural disaster, following the billboard owner's receipt of written notice under Subsection
753 (3)(b); and
754 (d) following the expiration of the applicable period under Subsection (3)(c) and after
755 providing the owner with reasonable notice of proceedings and an opportunity for a hearing,
756 the county finds:
757 (i) by clear and convincing evidence, that the applicant for a permit intentionally made
758 a false or misleading statement in the application regarding the placement or erection of the
759 billboard; or
760 (ii) by substantial evidence that the billboard is structurally unsafe, is in an
761 unreasonable state of repair, or has been abandoned for at least 12 months.
762 (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
763 anyone other than its owner or the owner acting through its contractors.
764 (5) A permit issued, extended, or renewed by a county for a billboard remains valid
765 from the time the county issues, extends, or renews the permit until 180 days after a required
766 state permit is issued for the billboard if:
767 (a) the billboard requires a state permit; and
768 (b) an application for the state permit is filed within 30 days after the county issues,
769 extends, or renews a permit for the billboard.
770 (6) A county may not require that a billboard owner remove or alter a billboard, or
771 require that a person who has a lease, easement, or other agreement with a billboard owner
772 terminate or fail to renew that lease, easement, or other agreement as a condition of issuing or
773 approving:
774 (a) a permit;
775 (b) a license;
776 (c) a zone change;
777 (d) a variance;
778 (e) any land use entitlement; or
779 (f) any other land use approval or ordinance.
780 Section 10. Section 17-27a-512.5 is enacted to read:
781 17-27a-512.5. Billboard arbitration.
782 (1) (a) A billboard owner may challenge or dispute a decision, action, or failure to
783 timely act made by a county or land use authority concerning a billboard by serving a notice of
784 arbitration upon the county within the time for an appeal of that action or inaction.
785 (b) A billboard owner need not exhaust administrative remedies available to the
786 billboard owner in order to pursue a remedy under this section.
787 (2) (a) A notice of arbitration shall set forth:
788 (i) the decision, action, or failure to act that is the subject of the arbitration; and
789 (ii) the name of the billboard owner's choice of an arbitrator.
790 (b) The county shall have 21 days after the day on which the county receives a notice
791 of arbitration to respond, in accordance with this Subsection (2)(b), to the notice.
792 (i) The county's response shall:
793 (A) set forth the reasons, if any, for the county's decision, action, or failure to act; and
794 (B) include a statement of agreement or disagreement with the billboard owner's choice
795 of arbitrator.
796 (ii) If the county does not agree to the billboard owner's selected arbitrator, the county
797 shall submit its own choice of arbitrator in the county's response to the notice of arbitration.
798 (iii) If the billboard owner and county cannot agree on a single arbitrator, a panel of
799 three arbitrators will conduct the arbitration with each party's chosen arbitrator selecting the
800 third arbitrator.
801 (iv) If the county fails to timely serve a complete response, in accordance with
802 Subsection (2)(b)(i), to a notice of arbitration under this Subsection (2)(b), the billboard
803 owner's land use application shall be considered approved and all associated permits shall be
804 issued upon payment of the required fees.
805 (3) (a) An arbitration under this section shall commence:
806 (i) within 30 days of a county timely serving its response to the notice of arbitration; or
807 (ii) if the arbitration is conducted by a panel of arbitrators in accordance with
808 Subsection (2)(b)(iii), within 45 days of a timely service of a county's response to the notice of
809 arbitration.
810 (b) Unless otherwise agreed to in writing:
811 (i) each party shall pay an equal share of the fees and costs of the arbitrator selected
812 under Subsection (2)(b); or
813 (ii) if an arbitration panel is selected under Subsection (2)(b)(iii):
814 (A) each party shall pay the fees and costs of the arbitrator selected by that party; and
815 (B) each party shall pay an equal share of the fees and costs of the third arbitrator
816 selected in accordance with Subsection (2)(b)(iii).
817 (c) Except as otherwise provided in this section or unless otherwise agreed to in
818 writing by the parties, an arbitration proceeding conducted under this section is governed by
819 Title 78B, Chapter 11, Utah Uniform Arbitration Act.
820 (4) An arbitration award issued under this section shall be:
821 (a) issued within 60 days of the commencement of the arbitration; and
822 (b) the final resolution of all claims related to the dispute unless:
823 (i) the award is procured by corruption, fraud, or other undue means; or
824 (ii) either party, within 20 days after issuance of the arbitration award, files a complaint
825 requesting a trial de novo in the district court.
826 (5) Upon filing a complaint for a trial de novo under Subsection (4)(b)(ii), a claim shall
827 proceed through litigation pursuant to the Utah Rules of Civil Procedure and Utah Rules of
828 Evidence in the district court.
829 (a) The arbitration award may not be offered as evidence in a trial de novo under
830 Subsection (4)(b)(ii), except as provided in Subsection (6).
831 (b) The court may not presume that the county's decision, inaction, or action is valid.
832 (c) (i) Subject to Subsection (5)(c)(ii), the court may accept evidence.
833 (ii) In reviewing a decision to deny a billboard owner's land use application, the county
834 may not argue any reasons why the application should be denied other those set forth in the
835 written decision required by Subsection 17-27a-509.5 (2)(e)(i)(A).
836 (6) A party to a trial de novo under Subsection (4)(b)(ii) that prevails at both the trial
837 de novo and the arbitration conducted under Subsection (3) shall be entitled to attorney fees,
838 costs, and expenses incurred in the arbitration and the trial de novo.
839 (a) A party may not offer an arbitration award issued in accordance with Subsection (4)
840 as evidence to the district court unless the award is offered as evidence in a motion for attorney
841 fees, costs, and expenses as described in Subsection (6).
842 (b) An order resulting from a motion for attorney fees, costs, and expenses under
843 Subsection (6)(a) is a final judgment under Rule 54 of the Utah Rules of Civil Procedure.
844 Section 11. Section 72-7-502 is amended to read:
845 72-7-502. Definitions.
846 As used in this part:
847 (1) "Clearly visible" means capable of being [
848 occupant of a vehicle traveling on the main traveled way of a street or highway within the
849 visibility area.
850 (2) "Commercial or industrial activities" means those activities generally recognized as
851 commercial or industrial by zoning authorities in this state, except that none of the following
852 are commercial or industrial activities:
853 (a) agricultural, forestry, grazing, farming, and related activities, including wayside
854 fresh produce stands;
855 (b) transient or temporary activities;
856 (c) activities not visible from the main-traveled way;
857 (d) activities conducted in a building principally used as a residence; and
858 (e) railroad tracks and minor sidings.
859 (3) (a) "Commercial or industrial zone" means only:
860 (i) those areas within the boundaries of cities or towns that are used or reserved for
861 business, commerce, or trade, or zoned as a highway service zone, under enabling state
862 legislation or comprehensive local zoning ordinances or regulations;
863 (ii) those areas within the boundaries of urbanized counties that are used or reserved
864 for business, commerce, or trade, or zoned as a highway service zone, under enabling state
865 legislation or comprehensive local zoning ordinances or regulations;
866 (iii) those areas outside the boundaries of urbanized counties and outside the
867 boundaries of cities and towns that:
868 (A) are used or reserved for business, commerce, or trade, or zoned as a highway
869 service zone, under comprehensive local zoning ordinances or regulations or enabling state
870 legislation; and
871 (B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
872 from the nearest point of the beginning or ending of the pavement widening at the exit from or
873 entrance to the main-traveled way; or
874 (iv) those areas outside the boundaries of urbanized counties and outside the
875 boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp,
876 or turnoff as measured from the nearest point of the beginning or ending of the pavement
877 widening at the exit from or entrance to the main-traveled way that are reserved for business,
878 commerce, or trade under enabling state legislation or comprehensive local zoning ordinances
879 or regulations, and are actually used for commercial or industrial purposes.
880 (b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
881 allowing outdoor advertising.
882 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
883 comprehensive plan required by Section 10-9a-401 , the municipal zoning plan authorized by
884 Section 10-9a-501 , and the county master plan authorized by Sections 17-27a-401 and
885 17-27a-501 . Property that is rezoned by comprehensive local zoning ordinances or regulations
886 is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor
887 advertising.
888 (5) "Directional signs" means signs containing information about public places owned
889 or operated by federal, state, or local governments or their agencies, publicly or privately
890 owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas
891 of natural scenic beauty or naturally suited for outdoor recreation, that the department considers
892 to be in the interest of the traveling public.
893 (6) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create,
894 paint, draw, or in any other way bring into being.
895 (b) "Erect" does not include any activities defined in Subsection (6)(a) if they are
896 performed incident to the change of an advertising message or customary maintenance of a
897 sign.
898 ( 7) "Highway service zone" means a highway service area where the primary use of the
899 land is used or reserved for commercial and roadside services other than outdoor advertising to
900 serve the traveling public.
901 (8) "Information center" means an area or site established and maintained at rest areas
902 for the purpose of informing the public of:
903 (a) places of interest within the state; or
904 (b) any other information that the department considers desirable.
905 (9) "Interchange or intersection" means those areas and their approaches where traffic
906 is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes,
907 or feeder systems, from or to another federal, state, county, city, or other route.
908 (10) "Maintain" means to allow to exist, subject to the provisions of this chapter.
909 (11) "Maintenance" means to repair, refurbish, repaint, upgrade, or otherwise [
910 operate an existing or upgraded sign structure in a safe manner and in a state suitable for use in
911 any manner not otherwise prohibited by this part, including signs destroyed by vandalism or an
912 act of God.
913 (12) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
914 acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and
915 ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
916 direction.
917 (13) "Major sponsor" means a sponsor of a public assembly facility or of a team or
918 event held at the facility where the amount paid by the sponsor to the owner of the facility, to
919 the team, or for the event is at least $100,000 per year.
920 (14) "Official signs and notices" means signs and notices erected and maintained by
921 public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
922 official duties or responsibilities in accordance with direction or authorization contained in
923 federal, state, or local law.
924 (15) "Off-premise signs" means signs located in areas zoned industrial, commercial, or
925 H-1 and in areas determined by the department to be unzoned industrial or commercial that
926 advertise an activity, service, event, person, or product located on premises other than the
927 premises at which the advertising occurs.
928 (16) "On-premise signs" means signs used to advertise the major activities conducted
929 on the property where the sign is located.
930 (17) "Outdoor advertising" means any outdoor advertising structure or outdoor
931 structure used in combination with an outdoor advertising sign or outdoor sign within the
932 outdoor advertising corridor which is visible from a place on the main-traveled way of a
933 controlled route.
934 (18) "Outdoor advertising corridor" means a strip of land 350 feet wide, measured
935 perpendicular from the edge of a controlled highway right-of-way.
936 (19) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
937 including any necessary devices, supports, appurtenances, and lighting that is part of or
938 supports an outdoor sign.
939 (20) "Point of widening" means the point of the gore or the point where the intersecting
940 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
941 than 2,640 feet from the center line of the intersecting highway of the interchange or
942 intersection at grade.
943 (21) "Public assembly facility" means a convention facility as defined under Section
944 59-12-602 and that:
945 (a) includes all contiguous interests in land, improvements, and utilities acquired,
946 constructed, and used in connection with the operation of the public assembly facility, whether
947 the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
948 and regardless of whether the interests are owned or operated by separate governmental
949 authorities or districts;
950 (b) is wholly or partially funded by public money;
951 (c) requires a person attending an event at the public assembly facility to purchase a
952 ticket or that otherwise charges for the use of the public assembly facility as part of its regular
953 operation; and
954 (d) has a minimum and permanent seating capacity of at least 10,000 people.
955 (22) "Public assembly facility sign" means a sign located on a public assembly facility
956 that only advertises the public assembly facility, major sponsors, events, the sponsors of events
957 held or teams playing at the facility, and products sold or services conducted at the facility.
958 (23) "Relocation" includes the removal of a sign from one situs together with the
959 erection of a new sign upon another situs in a commercial or industrial zoned area as a
960 substitute.
961 (24) "Relocation and replacement" means allowing all outdoor advertising signs or
962 permits the right to maintain outdoor advertising along the interstate, federal aid primary
963 highway existing as of June 1, 1991, and national highway system highways to be maintained
964 in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
965 widening of the highway systems.
966 (25) "Remodel" means the upgrading, changing, alteration, refurbishment,
967 modification, or complete substitution of a new outdoor advertising structure for one permitted
968 pursuant to this part and that is located in a commercial or industrial area.
969 (26) "Rest area" means an area or site established and maintained within or adjacent to
970 the right-of-way by or under public supervision or control for the convenience of the traveling
971 public.
972 (27) "Scenic or natural area" means an area determined by the department to have
973 aesthetic value.
974 (28) "Traveled way" means that portion of the roadway used for the movement of
975 vehicles, exclusive of shoulders and auxiliary lanes.
976 (29) (a) "Unzoned commercial or industrial area" means:
977 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
978 occupied by one or more industrial or commercial activities other than outdoor advertising
979 signs;
980 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
981 those activities; and
982 (iii) lands covering the same dimensions that are directly opposite those activities on
983 the other side of the highway, if the department determines that those lands on the opposite side
984 of the highway do not have scenic or aesthetic value.
985 (b) In measuring the scope of the unzoned commercial or industrial area, all
986 measurements shall be made from the outer edge of the regularly used buildings, parking lots,
987 storage, or processing areas of the activities and shall be along or parallel to the edge of
988 pavement of the highway.
989 (c) All signs located within an unzoned commercial or industrial area become
990 nonconforming if the commercial or industrial activity used in defining the area ceases for a
991 continuous period of 12 months.
992 (30) "Urbanized county" means a county with a population of at least 125,000 persons.
993 (31) "Visibility area" means the area on a street or highway that is:
994 (a) defined at one end by a line extending from the base of the billboard across all lanes
995 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
996 (b) defined on the other end by a line extending across all lanes of traffic of the street
997 or highway in a plane that is:
998 (i) perpendicular to the street or highway; and
999 (ii) 500 feet from the base of the billboard.
1000 Section 12. Section 72-7-505 is amended to read:
1001 72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
1002 Limit on implementation.
1003 (1) (a) Except as provided in Subsection (2), a sign face within the state may not
1004 exceed the following limits:
1005 (i) maximum area - 1,000 square feet;
1006 (ii) maximum length - 60 feet; and
1007 (iii) maximum height - 25 feet.
1008 (b) No more than two facings visible and readable from the same direction on the
1009 main-traveled way may be erected on any one sign structure. Whenever two facings are so
1010 positioned, neither shall exceed the maximum allowed square footage.
1011 (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
1012 stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
1013 enjoy common ownership.
1014 [
1015
1016
1017 [
1018
1019 (d) An existing conforming or nonconforming sign, a newly constructed conforming
1020 sign, or a relocated sign may be upgraded or constructed as an electronic changeable message
1021 sign so long as the interval between message changes is not more frequent than at least eight
1022 seconds and the actual message rotation process is accomplished in three seconds or less.
1023 (e) The illumination of an electronic changeable message sign may not be limited,
1024 except to prevent an electronic sign face from increasing ambient lighting levels by more than
1025 0.3 footcandles when measured:
1026 (i) after sunset and before sunrise;
1027 (ii) perpendicular to the sign face; and
1028 (iii) at a distance in feet calculated by taking the square root of the product of the
1029 following:
1030 (A) the area of the electronic changeable message sign face measured in square feet;
1031 and
1032 (B) 100.
1033 (f) If a political subdivision adopts an electronic changeable message sign illumination
1034 standard within the limitations described in Subsection (1)(e), and adopts a separate
1035 illumination standard for any other sign, public or private, on or off premise, the political
1036 subdivision shall allow an owner of an electronic changeable message sign to illuminate the
1037 owner's sign at the brighter of the two standards.
1038 (2) (a) An outdoor sign structure located inside the unincorporated area of a
1039 nonurbanized county may have the maximum height allowed by the county for outdoor
1040 advertising structures in the commercial or industrial zone in which the sign is located. If no
1041 maximum height is provided for the location, the maximum sign height may be 65 feet above
1042 the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1043 (b) An outdoor sign structure located inside an incorporated municipality or urbanized
1044 county may have the maximum height allowed by the municipality or urbanized county for
1045 outdoor advertising structures in the commercial or industrial zone in which the sign is located.
1046 If no maximum height is provided for the location, the maximum sign height may be 65 feet
1047 above the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1048 (3) Except as provided in Section 72-7-509 :
1049 (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
1050 72-7-504 (1) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign
1051 adjacent to an interstate highway or limited access primary highway, except that signs may be
1052 erected closer than 500 feet if the signs on the same side of the interstate highway or limited
1053 access primary highway are not simultaneously visible.
1054 (b) Signs may not be located within 500 feet of any of the following which are adjacent
1055 to the highway, unless the signs are in an incorporated area:
1056 (i) public parks;
1057 (ii) public forests;
1058 (iii) public playgrounds;
1059 (iv) areas designated as scenic areas by the department or other state agency having and
1060 exercising this authority; or
1061 (v) cemeteries.
1062 (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
1063 highway or limited access highway on the primary system within 500 feet of an interchange, or
1064 intersection at grade, or rest area measured along the interstate highway or freeway from the
1065 sign to the nearest point of the beginning or ending of pavement widening at the exit from or
1066 entrance to the main-traveled way.
1067 (B) Interchange and intersection distance limitations shall be measured separately for
1068 each direction of travel. A measurement for each direction of travel may not control or affect
1069 any other direction of travel.
1070 (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning
1071 or ending of pavement widening at the exit from or entrance to the main-traveled way, if:
1072 (A) the sign is replacing an existing outdoor advertising use or structure which is being
1073 removed or displaced to accommodate the widening, construction, or reconstruction of an
1074 interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
1075 highway; and
1076 (B) it is located in a commercial or industrial zoned area inside an urbanized county or
1077 an incorporated municipality.
1078 (d) The location of signs situated on nonlimited access primary highways in
1079 commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the
1080 primary highway shall not exceed the following minimum spacing criteria:
1081 (i) Where the distance between centerlines of intersecting streets, roads, or highways is
1082 less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted
1083 between the intersecting streets or highways.
1084 (ii) Where the distance between centerlines of intersecting streets, roads, or highways
1085 is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
1086 (e) All outdoor advertising shall be erected and maintained within the outdoor
1087 advertising corridor.
1088 (4) Subsection (3)(c)(ii) may not be implemented until:
1089 (a) the Utah-Federal Agreement for carrying out national policy relative to control of
1090 outdoor advertising in areas adjacent to the national system of interstate and defense highways
1091 and the federal-aid primary system is modified to allow the sign placement specified in
1092 Subsection (3)(c)(ii); and
1093 (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
1094 and the United States Secretary of Transportation.
1095 Section 13. Section 72-7-508 is amended to read:
1096 72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
1097 review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
1098 Immunity for Department of Transportation.
1099 (1) Outdoor advertising is unlawful when:
1100 (a) erected after May 9, 1967, contrary to the provisions of this chapter;
1101 (b) a permit is not obtained as required by this part;
1102 (c) a false or misleading statement has been made in the application for a permit that
1103 was material to obtaining the permit; or
1104 (d) the sign for which a permit was issued is not in a reasonable state of repair, is
1105 unsafe, or is otherwise in violation of this part.
1106 (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
1107 to this chapter is also a public nuisance.
1108 (3) Except as provided in Subsection (4), in its enforcement of this section, the
1109 department shall comply with the procedures and requirements of Title 63G, Chapter 4,
1110 Administrative Procedures Act.
1111 (4) (a) The district courts shall have jurisdiction to review by trial de novo all final
1112 orders of the department under this part resulting from formal and informal adjudicative
1113 proceedings.
1114 (b) Venue for judicial review of final orders of the department shall be in the county in
1115 which the sign is located.
1116 (5) If the department is granted a judgment, the department is entitled to have any
1117 nuisance abated and recover from the responsible person, firm, or corporation, jointly and
1118 severally:
1119 (a) the costs and expenses incurred in removing the sign; and
1120 (b) (i) $500 for each day the sign was maintained following the expiration of 10 days
1121 after notice of agency action was filed and served under Section 63G-4-201 ;
1122 (ii) $750 for each day the sign was maintained following the expiration of 40 days after
1123 notice of agency action was filed and served under Section 63G-4-201 ;
1124 (iii) $1,000 for each day the sign was maintained following the expiration of 70 days
1125 after notice of agency action was filed and served under Section 63G-4-201 ; and
1126 (iv) $1,500 for each day the sign was maintained following the expiration of 100 days
1127 after notice of agency action was filed and served under Section 63G-4-201 .
1128 (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
1129 destroys, or uses any sign controlled under this chapter without the owner's permission is liable
1130 to the owner of the sign for treble the amount of damage sustained and all costs of court,
1131 including a reasonable [
1132 (b) This Subsection (6) does not apply to the department, its agents, or employees if
1133 acting to enforce this part.
1134 (7) The following criteria shall be used for determining whether an existing sign within
1135 an [
1136 advertising:
1137 (a) whether the sign complies with this part;
1138 (b) whether the premise includes an area:
1139 (i) from which the general public is serviced according to normal industry practices for
1140 organizations of that type; or
1141 (ii) that is directly connected to or is involved in carrying out the activities and normal
1142 industry practices of the advertised activities, services, events, persons, or products;
1143 (c) whether the sign generates revenue:
1144 (i) arising from the advertisement of activities, services, events, or products not
1145 available on the premise according to normal industry practices for organizations of that type;
1146 (ii) arising from the advertisement of activities, services, events, persons, or products
1147 that are incidental to the principal activities, services, events, or products available on the
1148 premise; and
1149 (iii) including the following:
1150 (A) money;
1151 (B) securities;
1152 (C) real property interest;
1153 (D) personal property interest;
1154 (E) barter of goods or services;
1155 (F) promise of future payment or compensation; or
1156 (G) forbearance of debt;
1157 (d) whether the purveyor of the activities, services, events, persons, or products being
1158 advertised:
1159 (i) carries on hours of operation on the premise comparable to the normal industry
1160 practice for a business, service, or operation of that type, or posts the hours of operation on the
1161 premise in public view;
1162 (ii) has available utilities comparable to the normal industry practice for an entity of
1163 that type; and
1164 (iii) has a current valid business license or permit under applicable local ordinances,
1165 state law, and federal law to conduct business on the premise upon which the sign is located;
1166 (e) whether the advertisement is located on the site of any auxiliary facility that is not
1167 essential to, or customarily used in, the ordinary course of business for the activities, services,
1168 events, persons, or products being advertised; or
1169 (f) whether the sign or advertisement is located on property that is not contiguous to a
1170 property that is essential and customarily used for conducting the business of the activities,
1171 services, events, persons, or products being advertised.
1172 (8) The following do not qualify as a business under Subsection (7):
1173 (a) public or private utility corridors or easements;
1174 (b) railroad tracks;
1175 (c) outdoor advertising signs or structures;
1176 (d) vacant lots;
1177 (e) transient or temporary activities; or
1178 (f) storage of accessory products.
1179 (9) The sign owner has the burden of proving, by a preponderance of the evidence, that
1180 the advertised activity is conducted on the premise.
1181 Section 14. Section 72-7-510 is amended to read:
1182 72-7-510. Existing outdoor advertising not in conformity with part -- Procedure
1183 -- Eminent domain -- Compensation -- Relocation.
1184 (1) As used in this section, "nonconforming sign" means a sign that has been erected in
1185 a zone or area other than commercial or industrial or where outdoor advertising is not
1186 permitted under this part.
1187 (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent
1188 domain, any existing outdoor advertising and all property rights pertaining to the outdoor
1189 advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
1190 become nonconforming.
1191 (b) [
1192 utility, or any agency or the United States Department of Transportation under this part[
1193
1194 require that maintenance of an existing sign be discontinued[
1195 city, county, governmental entity, public utility, or agency acquires the sign in question [
1196
1197
1198 (c) Eminent domain shall be exercised in accordance with the [
1199 Title 78B, Chapter 6, Part 5, Eminent Domain.
1200 (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
1201 pertaining to the same, including the right of the landowner upon whose land a sign is located,
1202 acquired through the processes of eminent domain.
1203 (b) For the purposes of this part, just compensation shall include the consideration of
1204 damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
1205 company's interest, which remaining properties, together with the properties actually
1206 condemned, constituted an economic unit.
1207 (c) The department is empowered to remove signs found in violation of Section
1208 72-7-508 without payment of any compensation.
1209 (4) (a) Except as specifically provided in this [
1210 10, Chapter 9a, Part 5, Land Use Ordinances, or Title 17, Chapter 27a, Part 5, Land Use
1211 Ordinances, this part may not be construed to permit a person to place or maintain any outdoor
1212 advertising adjacent to any interstate or primary highway system which is prohibited [
1213
1214 (b) Any town, city, county, governmental entity, or public utility which requires the
1215 removal, relocation, alteration, change, or termination of outdoor advertising shall commence
1216 eminent domain proceedings and pay just compensation as defined in this part and in Title
1217 78B, Chapter 6, Part 5, Eminent Domain.
1218 (5) Except as provided in Section 72-7-508 , no sign shall be required to be removed by
1219 the department nor sign maintenance as described in this section be discontinued unless at the
1220 time of removal or discontinuance there are sufficient funds, from whatever source,
1221 appropriated and immediately available to pay the just compensation required under this
1222 section and unless at that time the federal funds required to be contributed under 23 U.S.C.,
1223 Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated
1224 and are immediately available to this state.
1225 (6) (a) If any outdoor advertising use, structure, or permit may not be continued
1226 because of the widening, construction, or reconstruction along an interstate, federal aid primary
1227 highway existing as of June 1, 1991, or national highway systems highway, the owner shall
1228 have the option to relocate and remodel the use, structure, or permit to another location:
1229 (i) on the same property;
1230 (ii) on adjacent property;
1231 (iii) on the same highway within 5280 feet of the previous location, which may be
1232 extended 5280 feet outside the areas described in Subsection 72-7-505 (3)(c)(i)(A), on either
1233 side of the same highway; or
1234 (iv) mutually agreed upon by the owner and the county or municipality in which the
1235 use, structure, or permit is located.
1236 (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
1237 area or where outdoor advertising is permitted under this part.
1238 (c) The county or municipality in which the use or structure is located shall, if
1239 necessary, provide for the relocation and remodeling by ordinance for a special exception to its
1240 zoning ordinance.
1241 (d) The relocated and remodeled use or structure may be:
1242 (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
1243 way of the highway to which it is relocated or remodeled;
1244 (ii) the same size and at least the same height as the previous use or structure, but the
1245 relocated use or structure may not exceed the size and height permitted under this part; or
1246 (iii) relocated to a comparable vehicular traffic count.
1247 (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
1248 the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a)
1249 shall pay the costs related to the relocation, remodeling, or acquisition.
1250 (b) If a governmental entity prohibits the relocation and remodeling as provided in
1251 Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
1252 Section 15. Section 72-7-510.5 is amended to read:
1253 72-7-510.5. Height adjustments for outdoor advertising signs -- Sign obstruction.
1254 (1) If the view [
1255 a nonconforming sign as defined in Section 72-7-510 , a noncomplying structure as defined in
1256 Sections 10-9a-103 and 17-27a-103 , or a nonconforming use as defined in Sections 10-9a-103
1257 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
1258 construction, directional sign, highway widening, or aesthetic improvement made by an agency
1259 or political subdivision of this state, along an interstate, federal aid primary highway existing as
1260 of June 1, 1991, national highway systems highway, or state highway or by an improvement
1261 created on real property subsequent to the department's disposal of the property under Section
1262 72-5-111 , the owner of the sign may:
1263 (a) adjust the height of the sign; or
1264 (b) relocate the sign to a point within 500 feet of its prior location, if the sign complies
1265 with the spacing requirements under Section 72-7-505 and is in a commercial or industrial
1266 zone.
1267 (2) A height adjusted sign under this section does not constitute a substantial change to
1268 the sign.
1269 (3) The county or municipality in which the outdoor advertising sign is located shall, if
1270 necessary, provide for the height adjustment or relocation by ordinance for a special exception
1271 to its zoning ordinance.
1272 (4) (a) The height adjusted sign:
1273 (i) may be erected:
1274 (A) to a height to make the entire advertising content of the sign clearly visible; and
1275 (B) to an angle to make the entire advertising content of the sign clearly visible; and
1276 (ii) shall be the same size as the previous sign.
1277 (b) The provisions of Subsection (4)(a) are an exception to the height requirements
1278 under Section 72-7-505 .
1279 (5) (a) A billboard owner may, at the owner's own expense and in accordance with
1280 Subsection (5)(b), trim trees or other foliage without a permit, except as provided in Subsection
1281 (5)(c), if the trees or foliage:
1282 (i) obstruct, however slight, the view of any part of the face of the outdoor advertising
1283 sign; and
1284 (ii) are growing on or encroaching over property owned by the state or a political
1285 subdivision of the state.
1286 (b) A billboard owner shall perform the work described in Subsection (5)(a):
1287 (i) under the supervision of a certified arborist; and
1288 (ii) by employing a company licensed and insured in the state.
1289 (c) A billboard owner shall obtain an encroachment permit from the department if the
1290 work described in Subsection (5)(a) will occur on or require access to the right-of-way of a
1291 state highway designated in Title 72, Chapter 4, Designation of State Highways Act.
1292 Section 16. Section 78B-6-501 is amended to read:
1293 78B-6-501. Eminent domain -- Uses for which right may be exercised -- Uses for
1294 which right may not be exercised.
1295 (1) Subject to the provisions of this part, the right of eminent domain may be exercised
1296 on behalf of the following public uses:
1297 [
1298 [
1299 authorized by the Legislature;
1300 [
1301 board of education;
1302 [
1303 for the use of the inhabitants of any county, city, or town, or for the draining of any county,
1304 city, or town;
1305 [
1306 widening, deepening, or straightening their channels;
1307 [
1308 [
1309 other ways for walking, hiking, bicycling, equestrian use, or other recreational uses, or whose
1310 primary purpose is as a foot path, equestrian trail, bicycle path, or walkway; and
1311 [
1312 inhabitants;
1313 [
1314 plank and turnpike roads, roads for transportation by traction engines or road locomotives,
1315 roads for logging or lumbering purposes, and railroads and street railways for public
1316 transportation;
1317 [
1318 pipes for the supplying of persons, mines, mills, smelters or other works for the reduction of
1319 ores, with water for domestic or other uses, or for irrigation purposes, or for the draining and
1320 reclaiming of lands, or for the floating of logs and lumber on streams not navigable, or for solar
1321 evaporation ponds and other facilities for the recovery of minerals in solution;
1322 [
1323 places to access or facilitate the milling, smelting, or other reduction of ores, or the working of
1324 mines, quarries, coal mines, or mineral deposits including minerals in solution;
1325 [
1326 water from mills, smelters or other works for the reduction of ores, or from mines, quarries,
1327 coal mines or mineral deposits including minerals in solution;
1328 [
1329 [
1330 stratum or formation in any land for the underground storage of natural gas, and in connection
1331 with that, any other interests in property which may be required to adequately examine,
1332 prepare, maintain, and operate underground natural gas storage facilities;
1333 [
1334 solution; and
1335 [
1336 quarries, coal mines, mineral deposits, mills, smelters, or other places for the reduction of ores,
1337 or any place for the flow, deposit or conduct of tailings or refuse matter;
1338 [
1339 [
1340 [
1341 [
1342 [
1343 electric light and power plants;
1344 [
1345 [
1346 [
1347 [
1348 [
1349 [
1350 and storing water for the operation of machinery for the purpose of generating and transmitting
1351 electricity for power, light or heat;
1352 [
1353 [
1354 or
1355 [
1356 equestrian use;
1357 [
1358 the manufacture of beet sugar; and
1359 [
1360 necessary to their successful operation, including the right to take lands for the discharge and
1361 natural distribution of smoke, fumes, and dust, produced by the operation of works, provided
1362 that the powers granted by this section may not be exercised in any county where the
1363 population exceeds 20,000, or within one mile of the limits of any city or incorporated town
1364 nor unless the proposed condemner has the right to operate by purchase, option to purchase or
1365 easement, at least 75% in value of land acreage owned by persons or corporations situated
1366 within a radius of four miles from the mill, smelter or other works for the reduction of ores; nor
1367 beyond the limits of the four-mile radius; nor as to lands covered by contracts, easements, or
1368 agreements existing between the condemner and the owner of land within the limit and
1369 providing for the operation of such mill, smelter, or other works for the reduction of ores; nor
1370 until an action shall have been commenced to restrain the operation of such mill, smelter, or
1371 other works for the reduction of ores.
1372 (2) A political subdivision may not terminate a billboard owner's billboard structure or
1373 associated rights through eminent domain unless:
1374 (a) the political subdivision commences eminent domain proceedings for a proposed
1375 public use described in Subsection (1); and
1376 (b) the proposed public use would be located on:
1377 (i) the same property where the billboard is located if the billboard owner does not
1378 intend to relocate the billboard; or
1379 (ii) the property where a billboard owner intends to relocate or construct a billboard.
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