1     
HIGHWAY SIGNAGE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Alvin B. Jackson

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Transportation Code by amending provisions related to outdoor
10     advertising.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides and amends definitions;
14          ▸     clarifies restrictions and requirements for on-premises advertising; and
15          ▸     makes conforming and technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          72-7-502, as last amended by Laws of Utah 2011, Chapter 346
23          72-7-504, as last amended by Laws of Utah 2012, Chapter 347
24          72-7-505, as last amended by Laws of Utah 2011, Chapter 346
25          72-7-506, as last amended by Laws of Utah 2008, Chapter 382
26          72-7-508, as last amended by Laws of Utah 2011, Chapter 346
27     ENACTS:
28          72-7-504.6, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 72-7-502 is amended to read:
32          72-7-502. Definitions.
33          As used in this part:
34          (1) "Clearly visible" means capable of being read without obstruction by an occupant
35     of a vehicle traveling on the main traveled way of a street or highway within the visibility area.
36          (2) "Commercial or industrial activities" means those activities generally recognized as
37     commercial or industrial by zoning authorities in this state, except that none of the following
38     are commercial or industrial activities:
39          (a) agricultural, forestry, grazing, farming, and related activities, including wayside
40     fresh produce stands;
41          (b) transient or temporary activities;
42          (c) activities not visible from the main-traveled way;
43          (d) activities conducted in a building principally used as a residence; and
44          (e) railroad tracks and minor sidings.
45          (3) (a) "Commercial or industrial zone" means only:
46          (i) those areas within the boundaries of cities or towns that are used or reserved for
47     business, commerce, or trade, or zoned as a highway service zone, under enabling state
48     legislation or comprehensive local zoning ordinances or regulations;
49          (ii) those areas within the boundaries of urbanized counties that are used or reserved
50     for business, commerce, or trade, or zoned as a highway service zone, under enabling state
51     legislation or comprehensive local zoning ordinances or regulations;
52          (iii) those areas outside the boundaries of urbanized counties and outside the
53     boundaries of cities and towns that:
54          (A) are used or reserved for business, commerce, or trade, or zoned as a highway
55     service zone, under comprehensive local zoning ordinances or regulations or enabling state
56     legislation; and
57          (B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
58     from the nearest point of the beginning or ending of the pavement widening at the exit from or
59     entrance to the main-traveled way; or
60          (iv) those areas outside the boundaries of urbanized counties and outside the
61     boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp,
62     or turnoff as measured from the nearest point of the beginning or ending of the pavement
63     widening at the exit from or entrance to the main-traveled way that are reserved for business,
64     commerce, or trade under enabling state legislation or comprehensive local zoning ordinances
65     or regulations, and are actually used for commercial or industrial purposes.
66          (b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
67     allowing outdoor advertising.
68          (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
69     comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by
70     Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and
71     17-27a-501. Property that is rezoned by comprehensive local zoning ordinances or regulations
72     is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor
73     advertising.
74          (5) "Contiguous" means that a portion of one parcel of land is situated immediately
75     adjacent to, and shares a common boundary with, a portion of another parcel of land.
76          (6) "Controlled route" means any route where outdoor advertising control is mandated
77     by state or federal law, including this part and the Utah-Federal Agreements described in
78     Section 72-7-501.
79          [(5)] (7) "Directional signs" means signs containing information about public places
80     owned or operated by federal, state, or local governments or their agencies, publicly or
81     privately owned natural phenomena, historic, cultural, scientific, educational, or religious sites,
82     and areas of natural scenic beauty or naturally suited for outdoor recreation, that the department
83     considers to be in the interest of the traveling public.
84          [(6)] (8) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach,
85     create, paint, draw, or in any other way bring into being.
86          (b) "Erect" does not include any activities defined in Subsection [(6)] (8)(a) if they are
87     performed incident to the change of an advertising message or customary maintenance of a
88     sign.
89          [(7)] (9) "Highway service zone" means a highway service area where the primary use
90     of the land is used or reserved for commercial and roadside services other than outdoor
91     advertising to serve the traveling public.
92          [(8)] (10) "Information center" means an area or site established and maintained at rest
93     areas for the purpose of informing the public of:
94          (a) places of interest within the state; or
95          (b) any other information that the department considers desirable.
96          [(9)] (11) "Interchange or intersection" means those areas and their approaches where
97     traffic is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration
98     lanes, or feeder systems, from or to another federal, state, county, city, or other route.
99          [(10)] (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
100          [(11)] (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an
101     existing sign structure safe and in a state suitable for use, including signs destroyed by
102     vandalism or an act of God.
103          [(12)] (14) "Main-traveled way" means the through traffic lanes, including auxiliary
104     lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads
105     and ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
106     direction.
107          [(13)] (15) "Major sponsor" means a sponsor of a public assembly facility or of a team
108     or event held at the facility where the amount paid by the sponsor to the owner of the facility,
109     to the team, or for the event is at least $100,000 per year.
110          [(14)] (16) "Official signs and notices" means signs and notices erected and maintained
111     by public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
112     official duties or responsibilities in accordance with direction or authorization contained in
113     federal, state, or local law.
114          [(15) "Off-premise signs" means signs]
115          (17) "Off-premises sign" means a sign located in [areas] an area zoned industrial,
116     commercial, or H-1 and in [areas] an area determined by the department to be unzoned
117     industrial or commercial that [advertise] advertises an activity, service, event, person, or
118     product located on premises other than the premises [at] on which the [advertising occurs] sign
119     is located.
120          [(16) "On-premise signs" means signs]
121          (18) "On-premises sign" means a sign used to advertise the [major] sale or lease of, or
122     major activities conducted on, the property [where the] on which the sign is located.
123          [(17)] (19) "Outdoor advertising" means any outdoor advertising structure or outdoor
124     structure used in combination with an outdoor advertising sign or outdoor sign within the
125     outdoor advertising corridor which is visible from a place on the main-traveled way of a
126     controlled route.
127          [(18)] (20) "Outdoor advertising corridor" means a strip of land 350 feet wide,
128     measured perpendicular from the edge of a controlled highway right-of-way.
129          [(19)] (21) "Outdoor advertising structure" or "outdoor structure" means any sign
130     structure, including any necessary devices, supports, appurtenances, and lighting that is part of
131     or supports an outdoor sign.
132          [(20)] (22) "Point of widening" means the point of the gore or the point where the
133     intersecting lane begins to parallel the other lanes of traffic, but the point of widening may
134     never be greater than 2,640 feet from the center line of the intersecting highway of the
135     interchange or intersection at grade.
136          [(21)] (23) "Public assembly facility" means a convention facility as defined under
137     Section 59-12-602 [and] that:
138          (a) includes all contiguous interests in land, improvements, and utilities acquired,
139     constructed, and used in connection with the operation of the public assembly facility, whether
140     the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
141     and regardless of whether the interests are owned or operated by separate governmental
142     authorities or districts;
143          (b) is wholly or partially funded by public money;
144          (c) requires a person attending an event at the public assembly facility to purchase a
145     ticket or that otherwise charges for the use of the public assembly facility as part of its regular
146     operation; and
147          (d) has a minimum and permanent seating capacity of at least 10,000 people.
148          [(22)] (24) "Public assembly facility sign" means a sign located on a public assembly
149     facility that only advertises the public assembly facility, major sponsors, events, the sponsors of
150     events held or teams playing at the facility, and products sold or services conducted at the
151     facility.
152          [(23)] (25) "Relocation" includes the removal of a sign from one situs together with the
153     erection of a new sign upon another situs in a commercial or industrial zoned area as a
154     substitute.
155          [(24)] (26) "Relocation and replacement" means allowing all outdoor advertising signs
156     or permits the right to maintain outdoor advertising along the interstate, federal aid primary
157     highway existing as of June 1, 1991, and national highway system highways to be maintained
158     in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
159     widening of the highway systems.
160          [(25)] (27) "Remodel" means the upgrading, changing, alteration, refurbishment,
161     modification, or complete substitution of a new outdoor advertising structure for one permitted
162     pursuant to this part and that is located in a commercial or industrial area.
163          [(26)] (28) "Rest area" means an area or site established and maintained within or
164     adjacent to the right-of-way by or under public supervision or control for the convenience of
165     the traveling public.
166          [(27)] (29) "Scenic or natural area" means an area determined by the department to
167     have aesthetic value.
168          [(28)] (30) "Traveled way" means that portion of the roadway used for the movement
169     of vehicles, exclusive of shoulders and auxiliary lanes.
170          [(29)] (31) (a) "Unzoned commercial or industrial area" means:
171          (i) those areas not zoned by state law or local law, regulation, or ordinance that are
172     occupied by one or more industrial or commercial activities other than outdoor advertising
173     signs;
174          (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
175     those activities; and
176          (iii) lands covering the same dimensions that are directly opposite those activities on
177     the other side of the highway, if the department determines that those lands on the opposite side
178     of the highway do not have scenic or aesthetic value.
179          (b) In measuring the scope of the unzoned commercial or industrial area, all
180     measurements shall be made from the outer edge of the regularly used buildings, parking lots,
181     storage, or processing areas of the activities and shall be along or parallel to the edge of
182     pavement of the highway.
183          (c) All signs located within an unzoned commercial or industrial area become
184     nonconforming if the commercial or industrial activity used in defining the area ceases for a
185     continuous period of 12 months.
186          [(30)] (32) "Urbanized county" means a county with a population of at least 125,000
187     persons.
188          [(31)] (33) "Visibility area" means the area on a street or highway that is:
189          (a) defined at one end by a line extending from the base of the billboard across all lanes
190     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
191          (b) defined on the other end by a line extending across all lanes of traffic of the street
192     or highway in a plane that is:
193          (i) perpendicular to the street or highway; and
194          (ii) 500 feet from the base of the billboard.
195          Section 2. Section 72-7-504 is amended to read:
196          72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
197     -- Logo advertising -- Department rules.
198          (1) Outdoor advertising that is capable of being read or comprehended from any place
199     on the main-traveled way of an interstate or primary system may not be erected or maintained,
200     except:
201          (a) directional and other official signs and notices authorized or required by law,
202     including signs and notices pertaining to natural wonders and scenic and historic attractions,
203     informational or directional signs regarding utility service, emergency telephone signs, buried
204     or underground utility markers, and above ground utility closure signs;
205          (b) on-premises signs advertising the sale or lease of property upon which [they] the
206     on-premises signs are located;
207          (c) on-premises signs advertising activities conducted on the property where [they] the
208     on-premises signs are located, including signs on the premises of a public assembly facility as
209     [provided] described in Section 72-7-504.5[;], and signs within a unified commercial
210     development as described in Section 72-7-504.6.
211          (d) signs located in a commercial or industrial zone;
212          (e) signs located in unzoned industrial or commercial areas as determined from actual
213     land uses; and
214          (f) logo advertising under Subsection (2).
215          (2) (a) The department may itself or by contract erect, administer, and maintain
216     informational signs on the main-traveled way of an interstate or primary system for the display
217     of logo advertising and information of interest to the traveling public if:
218          (i) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in the
219     lease or other contract agreement with a private party for the sign or sign space; and
220          (ii) the private party for the lease of the sign or sign space pays an amount set by the
221     department to be paid to the department or the party under contract with the department under
222     this Subsection (2).
223          (b) The amount shall be sufficient to cover the costs of erecting, administering, and
224     maintaining the signs or sign spaces.
225          (c) The department may consult the Governor's Office of Economic Development in
226     carrying out this Subsection (2).
227          (3) (a) Revenue generated under Subsection (2) shall be:
228          (i) applied first to cover department costs under Subsection (2); and
229          (ii) deposited in the Transportation Fund.
230          (b) Revenue in excess of costs under Subsection (2)(a) shall be deposited in the
231     General Fund as a dedicated credit for use by the Governor's Office of Economic Development
232     no later than the following fiscal year.
233          (4) Outdoor advertising under Subsections (1)(a), (d), (e), and (f) shall [conform to]
234     comply with the rules made by the department under Sections [72-7-506 and] 72-7-505 through
235     72-7-507.
236          (5) A sign that qualifies as an on-premises sign as defined in Section 72-7-502, as a
237     public assembly facility sign as defined in Section 72-7-502, or as a sign within a unified
238     commercial development as defined in Section 72-7-504.6 is exempt from the provisions of
239     this part.
240          Section 3. Section 72-7-504.6 is enacted to read:
241          72-7-504.6. Unified commercial developments.
242          (1) As used in this section:
243          (a) "Common ownership" means the ownership of separate parcels of land by:
244          (i) a single person; or
245          (ii) more than one person associated by mutual ownership or control.
246          (b) "Unified commercial development" means a development that:
247          (i) comprises land that is, or is anticipated to be, used primarily for commercial or
248     industrial activities;
249          (ii) comprises either a single parcel of land or two or more parcels of land that are
250     contiguous; and
251          (iii) includes three or more of the following elements of commonality:
252          (A) the land within the development is under common ownership;
253          (B) the land within the development, even if developed in phases, has been the subject
254     of a common development plan, as evidenced by approved submittals or amended submittals to
255     a public entity with planning authority;
256          (C) the development is subject to a common development and use plan that provides
257     for common or limited common areas, including sidewalks, roadways, parking, storage,
258     landscaping, service areas, or similar areas or improvements that have true value to the
259     businesses' regular operations, and to which all businesses within the development have shared
260     use rights and obligations;
261          (D) the development operates through an association or other entity, actively managed
262     and maintained, through which all owners have rights and obligations with respect to the
263     development and any common or limited common areas; or
264          (E) the development and its businesses hold themselves out to the public as a common
265     development through signs or other marketing efforts.
266          (2) As used in this section only, parcels that would otherwise be contiguous, as defined
267     in Section 72-7-502, are not made non-contiguous:
268          (a) as the result of a survey error or discrepancy in a legal boundary description; or
269          (b) by the presence of any of the following intervening features, including land
270     reasonably related to those features:
271          (i) a road, other than a controlled route;
272          (ii) a river;
273          (iii) a stream;
274          (iv) a canal;
275          (v) an easement;
276          (vi) a railroad track;
277          (vii) a recreational trail or way;
278          (viii) a transportation corridor;
279          (ix) a utility line; or
280          (x) land that is an unbuildable parcel within the unified commercial development.
281          (3) Signs within a unified commercial development may advertise:
282          (a) the sale or lease of land within the unified commercial development where the sign
283     is located; or
284          (b) any activities conducted in the unified commercial development where the sign is
285     located.
286          Section 4. Section 72-7-505 is amended to read:
287          72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
288     Limit on implementation.
289          (1) (a) Except as provided in Subsection (2), a sign face within the state may not
290     exceed the following limits:
291          (i) maximum area - 1,000 square feet;
292          (ii) maximum length - 60 feet; and
293          (iii) maximum height - 25 feet.
294          (b) No more than two facings visible and readable from the same direction on the
295     main-traveled way may be erected on any one sign structure. Whenever two facings are so
296     positioned, neither shall exceed the maximum allowed square footage.
297          (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
298     stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
299     enjoy common ownership.
300          (d) A changeable message sign is permitted if the interval between message changes is
301     not more frequent than at least eight seconds and the actual message rotation process is
302     accomplished in three seconds or less.
303          (e) An illumination standard adopted by any jurisdiction shall be uniformly applied to
304     all signs, public or private, on premises or off [premise] premises.
305          (2) (a) An outdoor sign structure located inside the unincorporated area of a
306     nonurbanized county may have the maximum height allowed by the county for outdoor
307     advertising structures in the commercial or industrial zone in which the sign is located. If no
308     maximum height is provided for the location, the maximum sign height may be 65 feet above
309     the ground or 25 feet above the grade of the main traveled way, whichever is greater.
310          (b) An outdoor sign structure located inside an incorporated municipality or urbanized
311     county may have the maximum height allowed by the municipality or urbanized county for
312     outdoor advertising structures in the commercial or industrial zone in which the sign is located.
313     If no maximum height is provided for the location, the maximum sign height may be 65 feet
314     above the ground or 25 feet above the grade of the main traveled way, whichever is greater.
315          (3) Except as provided in Section 72-7-509:
316          (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
317     72-7-504(1) or in H-1 zones may not be closer than 500 feet to an existing [off-premise]
318     off-premises sign adjacent to an interstate highway or limited access primary highway, except
319     that signs may be erected closer than 500 feet if the signs on the same side of the interstate
320     highway or limited access primary highway are not simultaneously visible.
321          (b) Signs may not be located within 500 feet of any of the following which are adjacent
322     to the highway, unless the signs are in an incorporated area:
323          (i) public parks;
324          (ii) public forests;
325          (iii) public playgrounds;
326          (iv) areas designated as scenic areas by the department or other state agency having and
327     exercising this authority; or
328          (v) cemeteries.
329          (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
330     highway or limited access highway on the primary system within 500 feet of an interchange, or
331     intersection at grade, or rest area measured along the interstate highway or freeway from the
332     sign to the nearest point of the beginning or ending of pavement widening at the exit from or
333     entrance to the main-traveled way.
334          (B) Interchange and intersection distance limitations shall be measured separately for
335     each direction of travel. A measurement for each direction of travel may not control or affect
336     any other direction of travel.
337          (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning
338     or ending of pavement widening at the exit from or entrance to the main-traveled way, if:
339          (A) the sign is replacing an existing outdoor advertising use or structure which is being
340     removed or displaced to accommodate the widening, construction, or reconstruction of an
341     interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
342     highway; and
343          (B) it is located in a commercial or industrial zoned area inside an urbanized county or
344     an incorporated municipality.
345          (d) The location of signs situated on nonlimited access primary highways in
346     commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the
347     primary highway shall not exceed the following minimum spacing criteria:
348          (i) Where the distance between centerlines of intersecting streets, roads, or highways is
349     less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted
350     between the intersecting streets or highways.
351          (ii) Where the distance between centerlines of intersecting streets, roads, or highways
352     is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
353          (e) All outdoor advertising shall be erected and maintained within the outdoor
354     advertising corridor.
355          (4) Subsection (3)(c)(ii) may not be implemented until:
356          (a) the Utah-Federal Agreement for carrying out national policy relative to control of
357     outdoor advertising in areas adjacent to the national system of interstate and defense highways
358     and the federal-aid primary system is modified to allow the sign placement specified in
359     Subsection (3)(c)(ii); and
360          (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
361     and the United States Secretary of Transportation.
362          Section 5. Section 72-7-506 is amended to read:
363          72-7-506. Advertising -- Regulatory power of department -- Notice requirements.
364          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
365     department may make rules no more restrictive than this chapter to:
366          (a) control the erection and maintenance of outdoor advertising along the interstate and
367     primary highway systems;
368          (b) provide for enforcement of this chapter;
369          (c) establish the form, content, and submittal of applications to erect outdoor
370     advertising; and
371          (d) establish administrative procedures.
372          (2) In addition to all other statutory notice requirements:
373          (a) the department shall give reasonably timely written notice to all outdoor advertising
374     permit holders of any changes or proposed changes in administrative rules made under
375     authority of this part; and
376          (b) any county, municipality, or governmental entity shall, upon written request, give
377     reasonably timely written notice to all outdoor advertising permit holders within its jurisdiction
378     of any change or proposed change to the outdoor or [off-premise] off-premises advertising
379     provisions of its zoning provisions, codes, or ordinances.
380          Section 6. Section 72-7-508 is amended to read:
381          72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
382     review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
383     Immunity for Department of Transportation.
384          (1) Outdoor advertising is unlawful when:
385          (a) erected after May 9, 1967, contrary to the provisions of this chapter;
386          (b) a permit is not obtained as required by this part;
387          (c) a false or misleading statement has been made in the application for a permit that
388     was material to obtaining the permit; [or]
389          (d) the sign for which a permit was issued is not in a reasonable state of repair, is
390     unsafe, or is otherwise in violation of this part[.]; or
391          (e) in the case of a sign, the sign ceases to meet the criteria required for the exemption
392     described in Subsection 72-7-504(5).
393          (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
394     to this chapter is also a public nuisance.
395          (3) Except as provided in Subsection (4), in its enforcement of this section, the
396     department shall comply with the procedures and requirements of Title 63G, Chapter 4,
397     Administrative Procedures Act.
398          (4) (a) The district courts shall have jurisdiction to review by trial de novo all final
399     orders of the department under this part resulting from formal and informal adjudicative
400     proceedings.
401          (b) Venue for judicial review of final orders of the department shall be in the county in
402     which the sign is located.
403          (5) If the department is granted a judgment, the department is entitled to have any
404     nuisance abated and recover from the responsible person, firm, or corporation, jointly and
405     severally:
406          (a) the costs and expenses incurred in removing the sign; and
407          (b) (i) $500 for each day the sign was maintained following the expiration of 10 days
408     after notice of agency action was filed and served under Section 63G-4-201;
409          (ii) $750 for each day the sign was maintained following the expiration of 40 days after
410     notice of agency action was filed and served under Section 63G-4-201;
411          (iii) $1,000 for each day the sign was maintained following the expiration of 70 days
412     after notice of agency action was filed and served under Section 63G-4-201; and
413          (iv) $1,500 for each day the sign was maintained following the expiration of 100 days
414     after notice of agency action was filed and served under Section 63G-4-201.
415          (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
416     destroys, or uses any sign controlled under this chapter without the owner's permission is liable
417     to the owner of the sign for treble the amount of damage sustained and all costs of court,
418     including a reasonable attorney's fee, and is guilty of a class C misdemeanor.
419          (b) This Subsection (6) does not apply to the department, its agents, or employees if
420     acting to enforce this part.
421          (7) The following criteria shall be used for determining whether an existing sign within
422     an interstate outdoor advertising corridor has as its purpose unlawful [off-premise]
423     off-premises outdoor advertising:
424          (a) whether the sign complies with this part;
425          (b) whether the [premise] premises includes an area:
426          (i) from which the general public is serviced according to normal industry practices for
427     organizations of that type; or
428          (ii) that is directly connected to or is involved in carrying out the activities and normal
429     industry practices of the advertised activities, services, events, persons, or products;
430          (c) whether the sign generates revenue:
431          (i) arising from the advertisement of activities, services, events, or products not
432     available on the [premise] premises according to normal industry practices for organizations of
433     that type;
434          (ii) arising from the advertisement of activities, services, events, persons, or products
435     that are incidental to the principal activities, services, events, or products available on the
436     premise; and
437          (iii) including the following:
438          (A) money;
439          (B) securities;
440          (C) real property interest;
441          (D) personal property interest;
442          (E) barter of goods or services;
443          (F) promise of future payment or compensation; or
444          (G) forbearance of debt;
445          (d) whether the purveyor of the activities, services, events, persons, or products being
446     advertised:
447          (i) carries on hours of operation on the [premise] premises comparable to the normal
448     industry practice for a business, service, or operation of that type, or posts the hours of
449     operation on the [premise] premises in public view;
450          (ii) has available utilities comparable to the normal industry practice for an entity of
451     that type; and
452          (iii) has a current valid business license or permit under applicable local ordinances,
453     state law, and federal law to conduct business on the premise upon which the sign is located;
454          (e) whether the advertisement is located on the site of any auxiliary facility that is not
455     essential to, or customarily used in, the ordinary course of business for the activities, services,
456     events, persons, or products being advertised; or
457          (f) whether the sign or advertisement is located on property that is not contiguous to a
458     property that is essential and customarily used for conducting the business of the activities,
459     services, events, persons, or products being advertised.
460          (8) The following do not qualify as a business under Subsection (7):
461          (a) public or private utility corridors or easements;
462          (b) railroad tracks;
463          (c) outdoor advertising signs or structures;
464          (d) vacant lots;
465          (e) transient or temporary activities; or
466          (f) storage of accessory products.
467          (9) The sign owner has the burden of proving, by a preponderance of the evidence, that
468     the advertised activity is conducted on the [premise] premises.




Legislative Review Note
     as of 2-12-15 11:20 AM

Office of Legislative Research and General Counsel