1     
SIGN RELOCATING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the relocation of a billboard due to construction,
10     road widening, or other reasons.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to the allowable relocation distance of a billboard due to
14     construction, road widening, or other reasons.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          10-9a-513, as last amended by Laws of Utah 2018, Chapter 239
22          17-27a-512, as last amended by Laws of Utah 2018, Chapter 239
23          72-7-510, as last amended by Laws of Utah 2008, Chapter 3
24          72-7-510.5, as last amended by Laws of Utah 2009, Chapter 170
25          72-7-513, as last amended by Laws of Utah 1999, Chapter 72
26          72-7-516, as last amended by Laws of Utah 2006, Chapter 330
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 10-9a-513 is amended to read:
30          10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
31     without providing compensation -- Limit on allowing nonconforming billboards to be
32     rebuilt or replaced -- Validity of municipal permit after issuance of state permit.
33          (1) As used in this section:
34          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
35     a vehicle traveling on a street or highway within the visibility area.
36          (b) "Highest allowable height" means:
37          (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
38     height under Subsection (1)(b)(ii), the height allowed by the municipality; or
39          (ii) (A) for a noninterstate billboard:
40          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
41     previous use or structure; or
42          (II) if the height of the previous use or structure is less than 45 feet, the height of the
43     previous use or structure or the height to make the entire advertising content of the billboard
44     clearly visible, whichever is higher, but no higher than 45 feet; and
45          (B) for an interstate billboard:
46          (I) if the height of the previous use or structure is at or above the interstate height, the
47     height of the previous use or structure; or
48          (II) if the height of the previous use or structure is less than the interstate height, the
49     height of the previous use or structure or the height to make the entire advertising content of
50     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
51          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
52     highway that is an interstate.
53          (d) "Interstate height" means a height that is the higher of:
54          (i) 65 feet above the ground; and
55          (ii) 25 feet above the grade of the interstate.
56          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
57     street or highway that is not an interstate.
58          (f) "Visibility area" means the area on a street or highway that is:

59          (i) defined at one end by a line extending from the base of the billboard across all lanes
60     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
61          (ii) defined on the other end by a line extending across all lanes of traffic of the street
62     or highway in a plane that is:
63          (A) perpendicular to the street or highway; and
64          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
65          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
66          (2) (a) If a billboard owner makes a written request to the municipality with
67     jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard
68     owner may take the requested action, without further municipal land use approval, 180 days
69     after the day on which the billboard owner makes the written request, unless within the 180-day
70     period the municipality:
71          (i) in an attempt to acquire the billboard and associated rights through eminent domain
72     under Section 10-9a-512 for the purpose of terminating the billboard and associated rights:
73          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
74     Eminent Domain, before the filing of an eminent domain action; and
75          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
76     Eminent Domain;
77          (ii) denies the request in accordance with Subsection (2)(d); or
78          (iii) requires the billboard owner to remove the billboard in accordance with
79     Subsection (3).
80          (b) Subject to Subsection (2)(a), a billboard owner may:
81          (i) rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty,
82     an act of God, or vandalism;
83          (ii) relocate or rebuild a billboard structure, or take another measure, to correct a
84     mistake in the placement or erection of a billboard for which the municipality issued a permit,
85     if the proposed relocation, rebuilding, or other measure is consistent with the intent of that
86     permit;
87          (iii) structurally modify or upgrade a billboard;
88          (iv) relocate a billboard into any commercial, industrial, or manufacturing zone within
89     the municipality's boundaries, if the relocated billboard is:

90          (A) within [5,280] 21,120 feet of the billboard's previous location; and
91          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
92     street or highway, or if the street or highway is an interstate or limited access highway that is
93     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
94     under that act between the relocated billboard and an off-premise sign existing on the same side
95     of the interstate or limited access highway; or
96          (v) make one or more of the following modifications, as the billboard owner
97     determines, to a billboard that is structurally altered by modification or upgrade under
98     Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
99     alterations:
100          (A) erect the billboard:
101          (I) to the highest allowable height; and
102          (II) as the owner determines, to an angle that makes the entire advertising content of
103     the billboard clearly visible; or
104          (B) install a sign face on the billboard that is at least the same size as, but no larger
105     than, the sign face on the billboard before the billboard's relocation.
106          (c) A modification under Subsection (2)(b)(v) shall comply with Title 72, Chapter 7,
107     Part 5, Utah Outdoor Advertising Act, to the extent applicable.
108          (d) A municipality may deny a billboard owner's request to relocate or rebuild a
109     billboard structure, or to take other measures, in order to correct a mistake in the placement or
110     erection of a billboard without acquiring the billboard and associated rights through eminent
111     domain under Section 10-9a-512, if the mistake in placement or erection of the billboard is
112     determined by clear and convincing evidence, in a proceeding that protects the billboard
113     owner's due process rights, to have resulted from an intentionally false or misleading statement:
114          (i) by the billboard applicant in the application; and
115          (ii) regarding the placement or erection of the billboard.
116          (e) A municipality that acquires a billboard and associated rights through eminent
117     domain under Section 10-9a-512 shall pay just compensation to the billboard owner in an
118     amount that is:
119          (i) the value of the existing billboard at a fair market capitalization rate, based on
120     actual annual revenue, less any annual rent expense;

121          (ii) the value of any other right associated with the billboard;
122          (iii) the cost of the sign structure; and
123          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
124     billboard owner's interest is a part.
125          (f) If a municipality commences an eminent domain action under Subsection (2)(a)(i):
126          (i) the provisions of Section 78B-6-510 do not apply; and
127          (ii) the municipality may not take possession of the billboard or the billboard's
128     associated rights until:
129          (A) completion of all appeals of a judgment allowing the municipality to acquire the
130     billboard and associated rights; and
131          (B) the billboard owner receives payment of just compensation, described in
132     Subsection (2)(e).
133          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
134     billboard owner may proceed, without further municipal land use approval, to take an action
135     requested under Subsection (2)(a), if the municipality's eminent domain action commenced
136     under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire
137     the billboard and associated rights.
138          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
139     time before the municipality takes possession of the billboard or the billboard's associated
140     rights in accordance with Subsection (2)(f)(ii).
141          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
142     the court shall dismiss the municipality's eminent domain action to acquire the billboard or
143     associated rights.
144          (3) Notwithstanding Section 10-9a-512, a municipality may require the owner of a
145     billboard to remove the billboard without acquiring the billboard and associated rights through
146     eminent domain if:
147          (a) the municipality determines:
148          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
149     false or misleading statement in the applicant's application regarding the placement or erection
150     of the billboard; or
151          (ii) by substantial evidence that the billboard:

152          (A) is structurally unsafe;
153          (B) is in an unreasonable state of repair; or
154          (C) has been abandoned for at least 12 months;
155          (b) the municipality notifies the billboard owner in writing that the billboard owner's
156     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
157          (c) the billboard owner fails to remedy the condition or conditions within:
158          (i) 180 days after the day on which the billboard owner receives written notice under
159     Subsection (3)(b); or
160          (ii) if the condition forming the basis of the municipality's intention to remove the
161     billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
162     because of a natural disaster, after the day on which the billboard owner receives written notice
163     under Subsection (3)(b); and
164          (d) following the expiration of the applicable period under Subsection (3)(c) and after
165     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
166     hearing, the municipality finds:
167          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
168     a false or misleading statement in the application regarding the placement or erection of the
169     billboard; or
170          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
171     unreasonable state of repair, or has been abandoned for at least 12 months.
172          (4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced
173     by anyone other than the billboard's owner, or the billboard's owner acting through a contractor,
174     within 500 feet of the nonconforming location.
175          (5) A permit that a municipality issues, extends, or renews for a billboard remains valid
176     beginning on the day on which the municipality issues, extends, or renews the permit and
177     ending 180 days after the day on which a required state permit is issued for the billboard if:
178          (a) the billboard requires a state permit; and
179          (b) an application for the state permit is filed within 30 days after the day on which the
180     municipality issues, extends, or renews a permit for the billboard.
181          Section 2. Section 17-27a-512 is amended to read:
182          17-27a-512. County's acquisition of billboard by eminent domain -- Removal

183     without providing compensation -- Limit on allowing nonconforming billboard to be
184     rebuilt or replaced -- Validity of county permit after issuance of state permit.
185          (1) As used in this section:
186          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
187     a vehicle traveling on a street or highway within the visibility area.
188          (b) "Highest allowable height" means:
189          (i) if the height allowed by the county, by ordinance or consent, is higher than the
190     height under Subsection (1)(b)(ii), the height allowed by the county; or
191          (ii) (A) for a noninterstate billboard:
192          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
193     previous use or structure; or
194          (II) if the height of the previous use or structure is less than 45 feet, the height of the
195     previous use or structure or the height to make the entire advertising content of the billboard
196     clearly visible, whichever is higher, but no higher than 45 feet; and
197          (B) for an interstate billboard:
198          (I) if the height of the previous use or structure is at or above the interstate height, the
199     height of the previous use or structure; or
200          (II) if the height of the previous use or structure is less than the interstate height, the
201     height of the previous use or structure or the height to make the entire advertising content of
202     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
203          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
204     highway that is an interstate.
205          (d) "Interstate height" means a height that is the higher of:
206          (i) 65 feet above the ground; and
207          (ii) 25 feet above the grade of the interstate.
208          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
209     street or highway that is not an interstate.
210          (f) "Visibility area" means the area on a street or highway that is:
211          (i) defined at one end by a line extending from the base of the billboard across all lanes
212     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
213          (ii) defined on the other end by a line extending across all lanes of traffic of the street

214     or highway in a plane that is:
215          (A) perpendicular to the street or highway; and
216          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
217          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
218          (2) (a) If a billboard owner makes a written request to the county with jurisdiction over
219     the billboard to take an action described in Subsection (2)(b), the billboard owner may take the
220     requested action, without further county land use approval, 180 days after the day on which the
221     billboard owner makes the written request, unless within the 180-day period the county:
222          (i) in an attempt to acquire the billboard and associated rights through eminent domain
223     under Section 17-27a-511 for the purpose of terminating the billboard and associated rights:
224          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
225     Eminent Domain, before the filing of an eminent domain action; and
226          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
227     Eminent Domain;
228          (ii) denies the request in accordance with Subsection (2)(d); or
229          (iii) requires the billboard owner to remove the billboard in accordance with
230     Subsection (3).
231          (b) Subject to Subsection (2)(a), a billboard owner may:
232          (i) rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty,
233     an act of God, or vandalism;
234          (ii) relocate or rebuild a billboard structure, or take another measure, to correct a
235     mistake in the placement or erection of a billboard for which the county issued a permit, if the
236     proposed relocation, rebuilding, or other measure is consistent with the intent of that permit;
237          (iii) structurally modify or upgrade a billboard;
238          (iv) relocate a billboard into any commercial, industrial, or manufacturing zone within
239     the unincorporated area of the county, if the relocated billboard is:
240          (A) within [5,280] 21,120 feet of the billboard's previous location; and
241          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
242     street or highway, or if the street or highway is an interstate or limited access highway that is
243     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
244     under that act between the relocated billboard and an off-premise sign existing on the same side

245     of the interstate or limited access highway; or
246          (v) make one or more of the following modifications, as the billboard owner
247     determines, to a billboard that is structurally altered by modification or upgrade under
248     Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
249     alterations:
250          (A) erect the billboard:
251          (I) to the highest allowable height; and
252          (II) as the owner determines, to an angle that makes the entire advertising content of
253     the billboard clearly visible; or
254          (B) install a sign face on the billboard that is at least the same size as, but no larger
255     than, the sign face on the billboard before the billboard's relocation.
256          (c) A modification under Subsection (2)(b)(v) shall comply with Title 72, Chapter 7,
257     Part 5, Utah Outdoor Advertising Act, to the extent applicable.
258          (d) A county may deny a billboard owner's request to relocate or rebuild a billboard
259     structure, or to take other measures, in order to correct a mistake in the placement or erection of
260     a billboard without acquiring the billboard and associated rights through eminent domain under
261     Section 17-27a-511, if the mistake in placement or erection of the billboard is determined by
262     clear and convincing evidence, in a proceeding that protects the billboard owner's due process
263     rights, to have resulted from an intentionally false or misleading statement:
264          (i) by the billboard applicant in the application; and
265          (ii) regarding the placement or erection of the billboard.
266          (e) A county that acquires a billboard and associated rights through eminent domain
267     under Section 17-27a-511 shall pay just compensation to the billboard owner in an amount that
268     is:
269          (i) the value of the existing billboard at a fair market capitalization rate, based on
270     actual annual revenue, less any annual rent expense;
271          (ii) the value of any other right associated with the billboard;
272          (iii) the cost of the sign structure; and
273          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
274     billboard owner's interest is a part.
275          (f) If a county commences an eminent domain action under Subsection (2)(a)(i):

276          (i) the provisions of Section 78B-6-510 do not apply; and
277          (ii) the county may not take possession of the billboard or the billboard's associated
278     rights until:
279          (A) completion of all appeals of a judgment allowing the county to acquire the
280     billboard and associated rights; and
281          (B) the billboard owner receives payment of just compensation, described in
282     Subsection (2)(e).
283          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
284     billboard owner may proceed, without further county land use approval, to take an action
285     requested under Subsection (2)(a), if the county's eminent domain action commenced under
286     Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard
287     and associated rights.
288          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
289     time before the county takes possession of the billboard or the billboard's associated rights in
290     accordance with Subsection (2)(f)(ii).
291          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
292     the court shall dismiss the county's eminent domain action to acquire the billboard or
293     associated rights.
294          (3) Notwithstanding Section 17-27a-511, a county may require an owner of a billboard
295     to remove the billboard without acquiring a billboard and associated rights through eminent
296     domain if:
297          (a) the county determines:
298          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
299     false or misleading statement in the applicant's application regarding the placement or erection
300     of the billboard; or
301          (ii) by substantial evidence that the billboard:
302          (A) is structurally unsafe;
303          (B) is in an unreasonable state of repair; or
304          (C) has been abandoned for at least 12 months;
305          (b) the county notifies the billboard owner in writing that the billboard owner's
306     billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);

307          (c) the billboard owner fails to remedy the condition or conditions within:
308          (i) 180 days after the day on which the billboard owner receives written notice under
309     Subsection (3)(b); or
310          (ii) if the condition forming the basis of the county's intention to remove the billboard
311     is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
312     natural disaster, after the day on which the billboard owner receives written notice under
313     Subsection (3)(b); and
314          (d) following the expiration of the applicable period under Subsection (3)(c) and after
315     providing the billboard owner with reasonable notice of proceedings and an opportunity for a
316     hearing, the county finds:
317          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
318     a false or misleading statement in the application regarding the placement or erection of the
319     billboard; or
320          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
321     unreasonable state of repair, or has been abandoned for at least 12 months.
322          (4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
323     anyone other than the billboard's owner, or the billboard's owner acting through a contractor,
324     within 500 feet of the nonconforming location.
325          (5) A permit that a county issues, extends, or renews for a billboard remains valid
326     beginning on the day on which the county issues, extends, or renews the permit and ending 180
327     days after the day on which a required state permit is issued for the billboard if:
328          (a) the billboard requires a state permit; and
329          (b) an application for the state permit is filed within 30 days after the day on which the
330     county issues, extends, or renews a permit for the billboard.
331          Section 3. Section 72-7-510 is amended to read:
332          72-7-510. Existing outdoor advertising not in conformity with part -- Procedure
333     -- Eminent domain -- Compensation -- Relocation.
334          (1) As used in this section, "nonconforming sign" means a sign that has been erected in
335     a zone or area other than commercial or industrial or where outdoor advertising is not
336     permitted under this part.
337          (2) (a) The department may acquire by gift, purchase, agreement, exchange, or eminent

338     domain, any existing outdoor advertising and all property rights pertaining to the outdoor
339     advertising which were lawfully in existence on May 9, 1967, and which by reason of this part
340     become nonconforming.
341          (b) If the department, or any town, city, county, governmental entity, public utility, or
342     any agency or the United States Department of Transportation under this part, prevents the
343     maintenance as defined in Section 72-7-502, or requires that maintenance of an existing sign be
344     discontinued, the sign in question shall be considered acquired by the entity and just
345     compensation will become immediately due and payable.
346          (c) Eminent domain shall be exercised in accordance with the provision of Title 78B,
347     Chapter 6, Part 5, Eminent Domain.
348          (3) (a) Just compensation shall be paid for outdoor advertising and all property rights
349     pertaining to the same, including the right of the landowner upon whose land a sign is located,
350     acquired through the processes of eminent domain.
351          (b) For the purposes of this part, just compensation shall include the consideration of
352     damages to remaining properties, contiguous and noncontiguous, of an outdoor advertising sign
353     company's interest, which remaining properties, together with the properties actually
354     condemned, constituted an economic unit.
355          (c) The department is empowered to remove signs found in violation of Section
356     72-7-508 without payment of any compensation.
357          (4) Except as specifically provided in this section or Section 72-7-513, this part may
358     not be construed to permit a person to place or maintain any outdoor advertising adjacent to
359     any interstate or primary highway system which is prohibited by law or by any town, city, or
360     county ordinance. Any town, city, county, governmental entity, or public utility which requires
361     the removal, relocation, alteration, change, or termination of outdoor advertising shall pay just
362     compensation as defined in this part and in Title 78B, Chapter 6, Part 5, Eminent Domain.
363          (5) Except as provided in Section 72-7-508, no sign shall be required to be removed by
364     the department nor sign maintenance as described in this section be discontinued unless at the
365     time of removal or discontinuance there are sufficient funds, from whatever source,
366     appropriated and immediately available to pay the just compensation required under this
367     section and unless at that time the federal funds required to be contributed under 23 U.S.C.,
368     Sec. 131, if any, with respect to the outdoor advertising being removed, have been appropriated

369     and are immediately available to this state.
370          (6) (a) If any outdoor advertising use, structure, or permit may not be continued
371     because of the widening, construction, or reconstruction along an interstate, federal aid primary
372     highway existing as of June 1, 1991, or national highway systems highway, the owner shall
373     have the option to relocate and remodel the use, structure, or permit to another location:
374          (i) on the same property;
375          (ii) on adjacent property;
376          (iii) on the same highway within [5280] 21,120 feet of the previous location, which
377     may be extended [5280] 21,120 feet outside the areas described in Subsection
378     72-7-505(3)(c)(i)(A), on either side of the same highway; or
379          (iv) mutually agreed upon by the owner and the county or municipality in which the
380     use, structure, or permit is located.
381          (b) The relocation under Subsection (6)(a) shall be in a commercial or industrial zoned
382     area or where outdoor advertising is permitted under this part.
383          (c) The county or municipality in which the use or structure is located shall, if
384     necessary, provide for the relocation and remodeling by ordinance for a special exception to its
385     zoning ordinance.
386          (d) The relocated and remodeled use or structure may be:
387          (i) erected to a height and angle to make it clearly visible to traffic on the main-traveled
388     way of the highway to which it is relocated or remodeled;
389          (ii) the same size and at least the same height as the previous use or structure, but the
390     relocated use or structure may not exceed the size and height permitted under this part; or
391          (iii) relocated to a comparable vehicular traffic count.
392          (7) (a) The governmental entity, quasi-governmental entity, or public utility that causes
393     the need for the outdoor advertising relocation or remodeling as provided in Subsection (6)(a)
394     shall pay the costs related to the relocation, remodeling, or acquisition.
395          (b) If a governmental entity prohibits the relocation and remodeling as provided in
396     Subsection (6)(a), it shall pay just compensation as provided in Subsection (3).
397          Section 4. Section 72-7-510.5 is amended to read:
398          72-7-510.5. Height adjustments for outdoor advertising signs.
399          (1) If the view and readability of an outdoor advertising sign, including a sign that is a

400     nonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined in
401     Sections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in Sections 10-9a-103
402     and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,
403     construction, directional sign, highway widening, or aesthetic improvement made by an agency
404     of this state, along an interstate, federal aid primary highway existing as of June 1, 1991,
405     national highway systems highway, or state highway or by an improvement created on real
406     property subsequent to the department's disposal of the property under Section 72-5-111, the
407     owner of the sign may:
408          (a) adjust the height of the sign; or
409          (b) relocate the sign to a point within [500] 21,120 feet of [its] the sign's prior location,
410     if the sign complies with the spacing requirements under Section 72-7-505 and is in a
411     commercial or industrial zone.
412          (2) A height adjusted sign under this section does not constitute a substantial change to
413     the sign.
414          (3) The county or municipality in which the outdoor advertising sign is located shall, if
415     necessary, provide for the height adjustment or relocation by ordinance for a special exception
416     to its zoning ordinance.
417          (4) (a) The height adjusted sign:
418          (i) may be erected:
419          (A) to a height to make the entire advertising content of the sign clearly visible; and
420          (B) to an angle to make the entire advertising content of the sign clearly visible; and
421          (ii) shall be the same size as the previous sign.
422          (b) The provisions of Subsection (4)(a) are an exception to the height requirements
423     under Section 72-7-505.
424          Section 5. Section 72-7-513 is amended to read:
425          72-7-513. Relocation on state highways.
426          (1) As used in this section, "state highway" means those highways designated as state
427     highways in Title 72, Chapter 4, Designation of State Highways Act, on July 1, 1999, and any
428     subsequently designated state highway.
429          (2) If any outdoor advertising use or structure may not be continued because of the
430     widening, construction, or reconstruction along a state highway, the owner shall have the

431     option to relocate and remodel the use or structure to another location:
432          (a) on the same property;
433          (b) on adjacent property;
434          (c) within [2640] 21,120 feet of the previous location on either side of the same
435     highway; or
436          (d) mutually agreed upon by the owner and the county or municipality in which the
437     use, structure, or permit is located.
438          (3) The relocation under Subsection (2) shall be in a commercial or industrial zoned
439     area or where outdoor advertising is permitted under this part.
440          (4) The county or municipality in which the use or structure is located shall, if
441     necessary, provide for the relocation and remodeling by ordinance for a special exception to its
442     zoning ordinance.
443          (5) The relocated and remodeled use or structure may be:
444          (a) erected to a height and angle to make it clearly visible to traffic on the
445     main-traveled way of the highway to which it is relocated or remodeled;
446          (b) the same size and at least the same height as the previous use or structure, but the
447     relocated use or structure may not exceed the size and height permitted under this part; or
448          (c) relocated to a comparable vehicular traffic count.
449          (6) (a) The governmental entity, quasi-governmental entity, or public utility that causes
450     the need for the outdoor advertising relocation or remodeling as provided in Subsection (2)
451     shall pay the costs related to the relocation, remodeling, or acquisition.
452          (b) If a governmental entity prohibits the relocation and remodeling as provided in
453     Subsection (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection
454     72-7-510(3).
455          Section 6. Section 72-7-516 is amended to read:
456          72-7-516. Relocating outdoor advertising structure to maintain required distance
457     from high voltage overhead lines.
458          (1) If an outdoor advertising structure needs to be moved away from a high voltage
459     power line or lines so that the sign can be reposted or maintenance performed without having
460     to comply with the distance or notification requirements of Section 54-8c-2, or in order to
461     comply with distance or notification requirements imposed by the National Electrical Safety

462     Code, International Building Code, a regulation, standard, or directive of the Occupational
463     Safety and Health Administration or any other similar applicable regulation, then the owner
464     shall have the option to remodel the structure at the same location or relocate and remodel the
465     structure to another location within the same jurisdiction:
466          (a) on the same property;
467          (b) on adjacent property;
468          (c) within [2,640] 21,120 feet of the previous location on either side of the same
469     highway; or
470          (d) mutually agreed upon by the owner and the county or municipality in which the
471     structure is located.
472          (2) The relocation under Subsection (1) shall be in a commercial or industrial zoned
473     area or where outdoor advertising is permitted under this part.
474          (3) The county or municipality in which the structure is located shall, if necessary,
475     provide for the relocation or remodeling by ordinance for a special exception to its zoning
476     ordinance.
477          (4) The relocated and remodeled structure may be:
478          (a) erected to a height and angle to make it clearly visible to traffic on the
479     main-traveled way of the highway to which it is relocated or remodeled;
480          (b) the same size and at least the same height as the previous structure, but the
481     relocated structure may not exceed the size and height permitted under this part; and
482          (c) relocated to a location with a comparable traffic vehicular count.
483          (5) If a governmental entity prohibits the relocation and remodeling as provided in
484     Subsection (1)(a), (b), or (c), it shall pay just compensation as provided in Subsection
485     72-7-510(3).