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7 LONG TITLE
8 General Description:
9 This bill amends definitions related to an on-premise sign and a unified commercial
10 development.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of "public assembly facility" by reducing the defined seating
14 capacity;
15 ▸ amends certain location restrictions for an advertising structure owned by a public
16 assembly facility;
17 ▸ modifies the definition of "unified commercial development"; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 72-7-502, as last amended by Laws of Utah 2016, Chapter 299
26 72-7-504.5, as last amended by Laws of Utah 2011, Chapter 346
27 72-7-504.6, as enacted by Laws of Utah 2016, Chapter 299
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 72-7-502 is amended to read:
31 72-7-502. Definitions.
32 As used in this part:
33 (1) "Clearly visible" means capable of being read without obstruction by an occupant
34 of a vehicle traveling on the main traveled way of a street or highway within the visibility area.
35 (2) "Commercial or industrial activities" means those activities generally recognized as
36 commercial or industrial by zoning authorities in this state, except that none of the following
37 are commercial or industrial activities:
38 (a) agricultural, forestry, grazing, farming, and related activities, including wayside
39 fresh produce stands;
40 (b) transient or temporary activities;
41 (c) activities not visible from the main-traveled way;
42 (d) activities conducted in a building principally used as a residence; and
43 (e) railroad tracks and minor sidings.
44 (3) (a) "Commercial or industrial zone" means only:
45 (i) those areas within the boundaries of cities or towns that are used or reserved for
46 business, commerce, or trade, or zoned as a highway service zone, under enabling state
47 legislation or comprehensive local zoning ordinances or regulations;
48 (ii) those areas within the boundaries of urbanized counties that are used or reserved
49 for business, commerce, or trade, or zoned as a highway service zone, under enabling state
50 legislation or comprehensive local zoning ordinances or regulations;
51 (iii) those areas outside the boundaries of urbanized counties and outside the
52 boundaries of cities and towns that:
53 (A) are used or reserved for business, commerce, or trade, or zoned as a highway
54 service zone, under comprehensive local zoning ordinances or regulations or enabling state
55 legislation; and
56 (B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
57 from the nearest point of the beginning or ending of the pavement widening at the exit from or
58 entrance to the main-traveled way; or
59 (iv) those areas outside the boundaries of urbanized counties and outside the
60 boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp,
61 or turnoff as measured from the nearest point of the beginning or ending of the pavement
62 widening at the exit from or entrance to the main-traveled way that are reserved for business,
63 commerce, or trade under enabling state legislation or comprehensive local zoning ordinances
64 or regulations, and are actually used for commercial or industrial purposes.
65 (b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
66 allowing outdoor advertising.
67 (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
68 comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by
69 Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and
70 17-27a-501. Property that is rezoned by comprehensive local zoning ordinances or regulations
71 is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor
72 advertising.
73 (5) "Contiguous" means that a portion of one parcel of land is situated immediately
74 adjacent to, and shares a common boundary with, a portion of another parcel of land.
75 (6) "Controlled route" means any route where outdoor advertising control is mandated
76 by state or federal law, including under this part and under the Utah-Federal Agreements
77 described in Section 72-7-501.
78 (7) "Directional signs" means signs containing information about public places owned
79 or operated by federal, state, or local governments or their agencies, publicly or privately
80 owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas
81 of natural scenic beauty or naturally suited for outdoor recreation, that the department considers
82 to be in the interest of the traveling public.
83 (8) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create,
84 paint, draw, or in any other way bring into being.
85 (b) "Erect" does not include any activities defined in Subsection (8)(a) if they are
86 performed incident to the change of an advertising message or customary maintenance of a
87 sign.
88 (9) "Highway service zone" means a highway service area where the primary use of the
89 land is used or reserved for commercial and roadside services other than outdoor advertising to
90 serve the traveling public.
91 (10) "Information center" means an area or site established and maintained at rest areas
92 for the purpose of informing the public of:
93 (a) places of interest within the state; or
94 (b) any other information that the department considers desirable.
95 (11) "Interchange or intersection" means those areas and their approaches where traffic
96 is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes,
97 or feeder systems, from or to another federal, state, county, city, or other route.
98 (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
99 (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing
100 sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an
101 act of God.
102 (14) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
103 acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and
104 ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
105 direction.
106 (15) "Major sponsor" means a sponsor of a public assembly facility or of a team or
107 event held at the facility where the amount paid by the sponsor to the owner of the facility, to
108 the team, or for the event is at least $100,000 per year.
109 (16) "Official signs and notices" means signs and notices erected and maintained by
110 public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
111 official duties or responsibilities in accordance with direction or authorization contained in
112 federal, state, or local law.
113 (17) "Off-premise sign" means a sign located in an area zoned industrial, commercial,
114 or H-1 and in an area determined by the department to be unzoned industrial or commercial
115 that advertises an activity, service, event, person, or product located on premises other than the
116 premises on which the sign is located.
117 (18) "On-premise sign" means a sign used to advertise the sale or lease of, or activities
118 conducted on, the property on which the sign is located.
119 (19) "Outdoor advertising" means any outdoor advertising structure or outdoor
120 structure used in combination with an outdoor advertising sign or outdoor sign within the
121 outdoor advertising corridor which is visible from a place on the main-traveled way of a
122 controlled route.
123 (20) "Outdoor advertising corridor" means a strip of land 660 feet wide, measured
124 perpendicular from the edge of a controlled highway right-of-way.
125 (21) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
126 including any necessary devices, supports, appurtenances, and lighting that is part of or
127 supports an outdoor sign.
128 (22) "Point of widening" means the point of the gore or the point where the intersecting
129 lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
130 than 2,640 feet from the center line of the intersecting highway of the interchange or
131 intersection at grade.
132 (23) "Public assembly facility" means a convention facility as defined under Section
133 59-12-602 that:
134 (a) includes all contiguous interests in land, improvements, and utilities acquired,
135 constructed, and used in connection with the operation of the public assembly facility, whether
136 the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
137 and regardless of whether the interests are owned or operated by separate governmental
138 authorities or districts;
139 (b) is wholly or partially funded by public money;
140 (c) requires a person attending an event at the public assembly facility to purchase a
141 ticket or that otherwise charges for the use of the public assembly facility as part of its regular
142 operation; and
143 (d) has a minimum and permanent seating capacity of at least [
144 (24) "Public assembly facility sign" means a sign located on a public assembly facility
145 that only advertises the public assembly facility, major sponsors, events, the sponsors of events
146 held or teams playing at the facility, and products sold or services conducted at the facility.
147 (25) "Relocation" includes the removal of a sign from one situs together with the
148 erection of a new sign upon another situs in a commercial or industrial zoned area as a
149 substitute.
150 (26) "Relocation and replacement" means allowing all outdoor advertising signs or
151 permits the right to maintain outdoor advertising along the interstate, federal aid primary
152 highway existing as of June 1, 1991, and national highway system highways to be maintained
153 in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
154 widening of the highway systems.
155 (27) "Remodel" means the upgrading, changing, alteration, refurbishment,
156 modification, or complete substitution of a new outdoor advertising structure for one permitted
157 pursuant to this part and that is located in a commercial or industrial area.
158 (28) "Rest area" means an area or site established and maintained within or adjacent to
159 the right-of-way by or under public supervision or control for the convenience of the traveling
160 public.
161 (29) "Scenic or natural area" means an area determined by the department to have
162 aesthetic value.
163 (30) "Traveled way" means that portion of the roadway used for the movement of
164 vehicles, exclusive of shoulders and auxiliary lanes.
165 (31) (a) "Unzoned commercial or industrial area" means:
166 (i) those areas not zoned by state law or local law, regulation, or ordinance that are
167 occupied by one or more industrial or commercial activities other than outdoor advertising
168 signs;
169 (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
170 those activities; and
171 (iii) lands covering the same dimensions that are directly opposite those activities on
172 the other side of the highway, if the department determines that those lands on the opposite side
173 of the highway do not have scenic or aesthetic value.
174 (b) In measuring the scope of the unzoned commercial or industrial area, all
175 measurements shall be made from the outer edge of the regularly used buildings, parking lots,
176 storage, or processing areas of the activities and shall be along or parallel to the edge of
177 pavement of the highway.
178 (c) All signs located within an unzoned commercial or industrial area become
179 nonconforming if the commercial or industrial activity used in defining the area ceases for a
180 continuous period of 12 months.
181 (32) "Urbanized county" means a county with a population of at least 125,000 persons.
182 (33) "Visibility area" means the area on a street or highway that is:
183 (a) defined at one end by a line extending from the base of the billboard across all lanes
184 of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
185 (b) defined on the other end by a line extending across all lanes of traffic of the street
186 or highway in a plane that is:
187 (i) perpendicular to the street or highway; and
188 (ii) 500 feet from the base of the billboard.
189 Section 2. Section 72-7-504.5 is amended to read:
190 72-7-504.5. Public assembly facility signs -- Restrictions.
191 (1) Signs on the premises of a public assembly facility that do not bring rental income
192 to the owner of the public assembly facility may advertise:
193 (a) the name of the facility, including identifiable venues or stores within the facility;
194 and
195 (b) principal or accessory products or services offered on the property and activities
196 conducted on the property as permitted by 23 C.F.R. Section 750.709, including:
197 (i) events being conducted in the facility or upon the premises, including the sponsor of
198 the current event; and
199 (ii) products or services sold at the facility and activities conducted on the property that
200 produce significant income to the operation of the facility.
201 (2) An advertising structure described in Subsection (1):
202 (a) shall be located on a public assembly facility or on a parcel contiguous to the public
203 assembly facility;
204 (b) shall be under the same ownership as the public assembly facility; and
205 (c) may not be separated from the public assembly facility by a [
206 route.
207 (3) An advertising structure described in Subsection (1) may only promote a maximum
208 of seven major sponsors and the sponsor of a current event at any one time.
209 (4) An advertising structure described in Subsection (1) may not be located on narrow
210 land held by easement or anything other than a fee interest unless it is a part of a public
211 assembly facility.
212 (5) A public assembly facility is exempt from the requirement under this part to have a
213 state outdoor advertising permit.
214 Section 3. Section 72-7-504.6 is amended to read:
215 72-7-504.6. Unified commercial development.
216 (1) As used in this section:
217 (a) (i) "Contiguous" includes parcels that are otherwise contiguous, as defined in
218 Section 72-7-502, that are considered to be contiguous notwithstanding a survey error or
219 discrepancy in a legal boundary description or the presence of any of the following intervening
220 features, including land reasonably related to those features:
221 (A) a road, other than a controlled route;
222 (B) a railway right-of-way of a public transit district that provides, or may provide,
223 access to the development;
224 (C) a utility line; or
225 (D) land that is undevelopable.
226 (ii) "Contiguous" does not include a parcel of land that is only physically connected to
227 another parcel of land by a long, narrow strip.
228 (b) "Property," for purposes of the definition of "on-premise sign," includes all
229 property within a unified commercial development.
230 (c) "Unified commercial development" means a development that:
231 (i) is used primarily for commercial or industrial activities;
232 (ii) is developed by a single developer, including successors, under a common
233 development plan;
234 (iii) may include phased development;
235 (iv) consists solely of land that is contiguous;
236 (v) holds itself out to the public as a common development through signs or other
237 marketing efforts;
238 (vi) includes one or more [
239 [
240
241 [
242 industrial, or similar zone;
243 [
244 [
245 [
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247 of the unified commercial development as either originally planned or as amended.
248 [
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250 (2) An on-premise sign within a unified commercial development may advertise:
251 (a) the sale or lease of land within the unified commercial development where the sign
252 is located;
253 (b) activities conducted at venues or stores within the unified commercial development
254 where the sign is located;
255 (c) the name of identifiable venues or stores within the unified commercial
256 development; and
257 (d) products for sale or services provided at venues or stores within the unified
258 commercial development.
Legislative Review Note
Office of Legislative Research and General Counsel