This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 24, 2021 at 12:28 PM by lpoole.
Senator Scott D. Sandall proposes the following substitute bill:


1     
OUTDOOR ADVERTISING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Paul Ray

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to billboard and other signage and electronic or
10     mechanical changeable message signs.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms related to electronic and mechanical changeable message signs;
14          ▸     allows the upgrade of certain existing signs to electronic or mechanical changeable
15     message signs in certain circumstances;
16          ▸     allows a municipality for county to prohibit the upgrade to electronic or mechanical
17     changeable message signs along certain types of highways;
18          ▸     allows a municipality or county to impose a curfew or other restrictions on the
19     operation of certain signs;
20          ▸     amends provisions related to brightness of electronic changeable message signs; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          10-9a-103, as last amended by Laws of Utah 2020, Chapter 434
29          10-9a-511, as last amended by Laws of Utah 2018, Chapter 239
30          10-9a-513, as last amended by Laws of Utah 2018, Chapter 239
31          10-9a-529, as enacted by Laws of Utah 2020, Chapter 434
32          17-27a-103, as last amended by Laws of Utah 2020, Chapter 434
33          17-27a-510, as last amended by Laws of Utah 2018, Chapter 239
34          17-27a-512, as last amended by Laws of Utah 2018, Chapter 239
35          63I-2-217, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
36          72-7-505, as last amended by Laws of Utah 2015, Chapter 402
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 10-9a-103 is amended to read:
40          10-9a-103. Definitions.
41          As used in this chapter:
42          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
43     detached from a primary single-family dwelling and contained on one lot.
44          (2) "Adversely affected party" means a person other than a land use applicant who:
45          (a) owns real property adjoining the property that is the subject of a land use
46     application or land use decision; or
47          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
48     general community as a result of the land use decision.
49          (3) "Affected entity" means a county, municipality, local district, special service
50     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
51     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
52     public utility, property owner, property owners association, or the Utah Department of
53     Transportation, if:
54          (a) the entity's services or facilities are likely to require expansion or significant
55     modification because of an intended use of land;
56          (b) the entity has filed with the municipality a copy of the entity's general or long-range
57     plan; or
58          (c) the entity has filed with the municipality a request for notice during the same
59     calendar year and before the municipality provides notice to an affected entity in compliance
60     with a requirement imposed under this chapter.
61          (4) "Affected owner" means the owner of real property that is:
62          (a) a single project;
63          (b) the subject of a land use approval that sponsors of a referendum timely challenged
64     in accordance with Subsection 20A-7-601(5)(a); and
65          (c) determined to be legally referable under Section 20A-7-602.8.
66          (5) "Appeal authority" means the person, board, commission, agency, or other body
67     designated by ordinance to decide an appeal of a decision of a land use application or a
68     variance.
69          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
70     residential property if the sign is designed or intended to direct attention to a business, product,
71     or service that is not sold, offered, or existing on the property where the sign is located.
72          (7) (a) "Charter school" means:
73          (i) an operating charter school;
74          (ii) a charter school applicant that has its application approved by a charter school
75     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
76          (iii) an entity that is working on behalf of a charter school or approved charter
77     applicant to develop or construct a charter school building.
78          (b) "Charter school" does not include a therapeutic school.
79          (8) "Conditional use" means a land use that, because of its unique characteristics or
80     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
81     compatible in some areas or may be compatible only if certain conditions are required that
82     mitigate or eliminate the detrimental impacts.
83          (9) "Constitutional taking" means a governmental action that results in a taking of
84     private property so that compensation to the owner of the property is required by the:
85          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
86          (b) Utah Constitution Article I, Section 22.
87          (10) "Culinary water authority" means the department, agency, or public entity with
88     responsibility to review and approve the feasibility of the culinary water system and sources for
89     the subject property.
90          (11) "Development activity" means:
91          (a) any construction or expansion of a building, structure, or use that creates additional
92     demand and need for public facilities;
93          (b) any change in use of a building or structure that creates additional demand and need
94     for public facilities; or
95          (c) any change in the use of land that creates additional demand and need for public
96     facilities.
97          (12) (a) "Disability" means a physical or mental impairment that substantially limits
98     one or more of a person's major life activities, including a person having a record of such an
99     impairment or being regarded as having such an impairment.
100          (b) "Disability" does not include current illegal use of, or addiction to, any federally
101     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
102     802.
103          (13) "Educational facility":
104          (a) means:
105          (i) a school district's building at which pupils assemble to receive instruction in a
106     program for any combination of grades from preschool through grade 12, including
107     kindergarten and a program for children with disabilities;
108          (ii) a structure or facility:
109          (A) located on the same property as a building described in Subsection (13)(a)(i); and
110          (B) used in support of the use of that building; and
111          (iii) a building to provide office and related space to a school district's administrative
112     personnel; and
113          (b) does not include:
114          (i) land or a structure, including land or a structure for inventory storage, equipment
115     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
116          (A) not located on the same property as a building described in Subsection (13)(a)(i);
117     and
118          (B) used in support of the purposes of a building described in Subsection (13)(a)(i); or
119          (ii) a therapeutic school.
120          (14) "Electronic changeable message sign" or "electronic message sign" means a sign
121     on which the display is changed periodically by changing the internal illumination of the sign
122     face.
123          [(14)] (15) "Fire authority" means the department, agency, or public entity with
124     responsibility to review and approve the feasibility of fire protection and suppression services
125     for the subject property.
126          [(15)] (16) "Flood plain" means land that:
127          (a) is within the 100-year flood plain designated by the Federal Emergency
128     Management Agency; or
129          (b) has not been studied or designated by the Federal Emergency Management Agency
130     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
131     the land has characteristics that are similar to those of a 100-year flood plain designated by the
132     Federal Emergency Management Agency.
133          [(16)] (17) "General plan" means a document that a municipality adopts that sets forth
134     general guidelines for proposed future development of the land within the municipality.
135          [(17)] (18) "Geologic hazard" means:
136          (a) a surface fault rupture;
137          (b) shallow groundwater;
138          (c) liquefaction;
139          (d) a landslide;
140          (e) a debris flow;
141          (f) unstable soil;
142          (g) a rock fall; or
143          (h) any other geologic condition that presents a risk:
144          (i) to life;
145          (ii) of substantial loss of real property; or
146          (iii) of substantial damage to real property.
147          [(18)] (19) "Historic preservation authority" means a person, board, commission, or
148     other body designated by a legislative body to:
149          (a) recommend land use regulations to preserve local historic districts or areas; and
150          (b) administer local historic preservation land use regulations within a local historic
151     district or area.
152          [(19)] (20) "Hookup fee" means a fee for the installation and inspection of any pipe,
153     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
154     other utility system.
155          [(20)] (21) "Identical plans" means building plans submitted to a municipality that:
156          (a) are clearly marked as "identical plans";
157          (b) are substantially identical to building plans that were previously submitted to and
158     reviewed and approved by the municipality; and
159          (c) describe a building that:
160          (i) is located on land zoned the same as the land on which the building described in the
161     previously approved plans is located;
162          (ii) is subject to the same geological and meteorological conditions and the same law
163     as the building described in the previously approved plans;
164          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
165     and approved by the municipality; and
166          (iv) does not require any additional engineering or analysis.
167          [(21)] (22) "Impact fee" means a payment of money imposed under Title 11, Chapter
168     36a, Impact Fees Act.
169          [(22)] (23) "Improvement completion assurance" means a surety bond, letter of credit,
170     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
171     by a municipality to guaranty the proper completion of landscaping or an infrastructure
172     improvement required as a condition precedent to:
173          (a) recording a subdivision plat; or
174          (b) development of a commercial, industrial, mixed use, or multifamily project.
175          [(23)] (24) "Improvement warranty" means an applicant's unconditional warranty that
176     the applicant's installed and accepted landscaping or infrastructure improvement:
177          (a) complies with the municipality's written standards for design, materials, and
178     workmanship; and
179          (b) will not fail in any material respect, as a result of poor workmanship or materials,
180     within the improvement warranty period.
181          [(24)] (25) "Improvement warranty period" means a period:
182          (a) no later than one year after a municipality's acceptance of required landscaping; or
183          (b) no later than one year after a municipality's acceptance of required infrastructure,
184     unless the municipality:
185          (i) determines for good cause that a one-year period would be inadequate to protect the
186     public health, safety, and welfare; and
187          (ii) has substantial evidence, on record:
188          (A) of prior poor performance by the applicant; or
189          (B) that the area upon which the infrastructure will be constructed contains suspect soil
190     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
191          [(25)] (26) "Infrastructure improvement" means permanent infrastructure that is
192     essential for the public health and safety or that:
193          (a) is required for human occupation; and
194          (b) an applicant must install:
195          (i) in accordance with published installation and inspection specifications for public
196     improvements; and
197          (ii) whether the improvement is public or private, as a condition of:
198          (A) recording a subdivision plat;
199          (B) obtaining a building permit; or
200          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
201     project.
202          [(26)] (27) "Internal lot restriction" means a platted note, platted demarcation, or
203     platted designation that:
204          (a) runs with the land; and
205          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
206     the plat; or
207          (ii) designates a development condition that is enclosed within the perimeter of a lot
208     described on the plat.
209          [(27)] (28) "Land use applicant" means a property owner, or the property owner's
210     designee, who submits a land use application regarding the property owner's land.
211          [(28)] (29) "Land use application":
212          (a) means an application that is:
213          (i) required by a municipality; and
214          (ii) submitted by a land use applicant to obtain a land use decision; and
215          (b) does not mean an application to enact, amend, or repeal a land use regulation.
216          [(29)] (30) "Land use authority" means:
217          (a) a person, board, commission, agency, or body, including the local legislative body,
218     designated by the local legislative body to act upon a land use application; or
219          (b) if the local legislative body has not designated a person, board, commission,
220     agency, or body, the local legislative body.
221          [(30)] (31) "Land use decision" means an administrative decision of a land use
222     authority or appeal authority regarding:
223          (a) a land use permit;
224          (b) a land use application; or
225          (c) the enforcement of a land use regulation, land use permit, or development
226     agreement.
227          [(31)] (32) "Land use permit" means a permit issued by a land use authority.
228          [(32)] (33) "Land use regulation":
229          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
230     specification, fee, or rule that governs the use or development of land;
231          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
232     and
233          (c) does not include:
234          (i) a land use decision of the legislative body acting as the land use authority, even if
235     the decision is expressed in a resolution or ordinance; or
236          (ii) a temporary revision to an engineering specification that does not materially:
237          (A) increase a land use applicant's cost of development compared to the existing
238     specification; or
239          (B) impact a land use applicant's use of land.
240          [(33)] (34) "Legislative body" means the municipal council.
241          [(34)] (35) "Local district" means an entity under Title 17B, Limited Purpose Local
242     Government Entities - Local Districts, and any other governmental or quasi-governmental
243     entity that is not a county, municipality, school district, or the state.
244          [(35)] (36) "Local historic district or area" means a geographically definable area that:
245          (a) contains any combination of buildings, structures, sites, objects, landscape features,
246     archeological sites, or works of art that contribute to the historic preservation goals of a
247     legislative body; and
248          (b) is subject to land use regulations to preserve the historic significance of the local
249     historic district or area.
250          [(36)] (37) "Lot" means a tract of land, regardless of any label, that is created by and
251     shown on a subdivision plat that has been recorded in the office of the county recorder.
252          [(37)] (38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
253     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
254     accordance with Section 10-9a-608, with the consent of the owners of record.
255          (b) "Lot line adjustment" does not mean a new boundary line that:
256          (i) creates an additional lot; or
257          (ii) constitutes a subdivision.
258          [(38)] (39) "Major transit investment corridor" means public transit service that uses or
259     occupies:
260          (a) public transit rail right-of-way;
261          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
262     or
263          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
264     municipality or county and:
265          (i) a public transit district as defined in Section 17B-2a-802; or
266          (ii) an eligible political subdivision as defined in Section 59-12-2219.
267          (40) "Mechanical changeable message sign" or "mechanical message sign" means a
268     sign on which the display is changed periodically by a contained mechanism within the sign
269     structure that alters the physical components of the sign face and alter the sign.
270          [(39)] (41) "Moderate income housing" means housing occupied or reserved for
271     occupancy by households with a gross household income equal to or less than 80% of the
272     median gross income for households of the same size in the county in which the city is located.
273          [(40)] (42) "Municipal utility easement" means an easement that:
274          (a) is created or depicted on a plat recorded in a county recorder's office and is
275     described as a municipal utility easement granted for public use;
276          (b) is not a protected utility easement or a public utility easement as defined in Section
277     54-3-27;
278          (c) the municipality or the municipality's affiliated governmental entity uses and
279     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
280     water, or communications or data lines;
281          (d) is used or occupied with the consent of the municipality in accordance with an
282     authorized franchise or other agreement;
283          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
284     franchise or other agreement; and
285          (ii) is located in a utility easement granted for public use; or
286          (f) is described in Section 10-9a-529 and is used by a specified public utility.
287          [(41)] (43) "Nominal fee" means a fee that reasonably reimburses a municipality only
288     for time spent and expenses incurred in:
289          (a) verifying that building plans are identical plans; and
290          (b) reviewing and approving those minor aspects of identical plans that differ from the
291     previously reviewed and approved building plans.
292          [(42)] (44) "Noncomplying structure" means a structure that:
293          (a) legally existed before its current land use designation; and
294          (b) because of one or more subsequent land use ordinance changes, does not conform
295     to the setback, height restrictions, or other regulations, excluding those regulations, which
296     govern the use of land.
297          [(43)] (45) "Nonconforming use" means a use of land that:
298          (a) legally existed before its current land use designation;
299          (b) has been maintained continuously since the time the land use ordinance governing
300     the land changed; and
301          (c) because of one or more subsequent land use ordinance changes, does not conform
302     to the regulations that now govern the use of the land.
303          [(44)] (46) "Official map" means a map drawn by municipal authorities and recorded in
304     a county recorder's office that:
305          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
306     highways and other transportation facilities;
307          (b) provides a basis for restricting development in designated rights-of-way or between
308     designated setbacks to allow the government authorities time to purchase or otherwise reserve
309     the land; and
310          (c) has been adopted as an element of the municipality's general plan.
311          [(45)] (47) "Parcel" means any real property that is not a lot created by and shown on a
312     subdivision plat recorded in the office of the county recorder.
313          [(46)] (48) (a) "Parcel boundary adjustment" means a recorded agreement between
314     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
315     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
316          (i) none of the property identified in the agreement is subdivided land; or
317          (ii) the adjustment is to the boundaries of a single person's parcels.
318          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
319     line that:
320          (i) creates an additional parcel; or
321          (ii) constitutes a subdivision.
322          [(47)] (49) "Person" means an individual, corporation, partnership, organization,
323     association, trust, governmental agency, or any other legal entity.
324          [(48)] (50) "Plan for moderate income housing" means a written document adopted by
325     a municipality's legislative body that includes:
326          (a) an estimate of the existing supply of moderate income housing located within the
327     municipality;
328          (b) an estimate of the need for moderate income housing in the municipality for the
329     next five years;
330          (c) a survey of total residential land use;
331          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
332     income housing; and
333          (e) a description of the municipality's program to encourage an adequate supply of
334     moderate income housing.
335          [(49)] (51) "Plat" means a map or other graphical representation of lands that a licensed
336     professional land surveyor makes and prepares in accordance with Section 10-9a-603 or
337     57-8-13.
338          [(50)] (52) "Potential geologic hazard area" means an area that:
339          (a) is designated by a Utah Geological Survey map, county geologist map, or other
340     relevant map or report as needing further study to determine the area's potential for geologic
341     hazard; or
342          (b) has not been studied by the Utah Geological Survey or a county geologist but
343     presents the potential of geologic hazard because the area has characteristics similar to those of
344     a designated geologic hazard area.
345          [(51)] (53) "Public agency" means:
346          (a) the federal government;
347          (b) the state;
348          (c) a county, municipality, school district, local district, special service district, or other
349     political subdivision of the state; or
350          (d) a charter school.
351          [(52)] (54) "Public hearing" means a hearing at which members of the public are
352     provided a reasonable opportunity to comment on the subject of the hearing.
353          [(53)] (55) "Public meeting" means a meeting that is required to be open to the public
354     under Title 52, Chapter 4, Open and Public Meetings Act.
355          [(54)] (56) "Public street" means a public right-of-way, including a public highway,
356     public avenue, public boulevard, public parkway, public road, public lane, public alley, public
357     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
358     easement, or other public way.
359          [(55)] (57) "Receiving zone" means an area of a municipality that the municipality
360     designates, by ordinance, as an area in which an owner of land may receive a transferable
361     development right.
362          [(56)] (58) "Record of survey map" means a map of a survey of land prepared in
363     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
364          [(57)] (59) "Residential facility for persons with a disability" means a residence:
365          (a) in which more than one person with a disability resides; and
366          (b) (i) which is licensed or certified by the Department of Human Services under Title
367     62A, Chapter 2, Licensure of Programs and Facilities; or
368          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
369     21, Health Care Facility Licensing and Inspection Act.
370          [(58)] (60) "Rules of order and procedure" means a set of rules that govern and
371     prescribe in a public meeting:
372          (a) parliamentary order and procedure;
373          (b) ethical behavior; and
374          (c) civil discourse.
375          [(59)] (61) "Sanitary sewer authority" means the department, agency, or public entity
376     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
377     wastewater systems.
378          [(60)] (62) "Sending zone" means an area of a municipality that the municipality
379     designates, by ordinance, as an area from which an owner of land may transfer a transferable
380     development right.
381          [(61)] (63) "Specified public agency" means:
382          (a) the state;
383          (b) a school district; or
384          (c) a charter school.
385          [(62)] (64) "Specified public utility" means an electrical corporation, gas corporation,
386     or telephone corporation, as those terms are defined in Section 54-2-1.
387          [(63)] (65) "State" includes any department, division, or agency of the state.
388          [(64)] (66) "Subdivided land" means the land, tract, or lot described in a recorded
389     subdivision plat.
390          [(65)] (67) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
391     to be divided into two or more lots or other division of land for the purpose, whether
392     immediate or future, for offer, sale, lease, or development either on the installment plan or
393     upon any and all other plans, terms, and conditions.
394          (b) "Subdivision" includes:
395          (i) the division or development of land whether by deed, metes and bounds description,
396     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
397     includes all or a portion of a parcel or lot; and
398          (ii) except as provided in Subsection [(65)] (67)(c), divisions of land for residential and
399     nonresidential uses, including land used or to be used for commercial, agricultural, and
400     industrial purposes.
401          (c) "Subdivision" does not include:
402          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
403     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
404     neither the resulting combined parcel nor the parcel remaining from the division or partition
405     violates an applicable land use ordinance;
406          (ii) an agreement recorded with the county recorder's office between owners of
407     adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
408     in accordance with Section 57-1-45 if:
409          (A) no new lot is created; and
410          (B) the adjustment does not violate applicable land use ordinances;
411          (iii) a recorded document, executed by the owner of record:
412          (A) revising the legal description of more than one contiguous parcel of property that is
413     not subdivided land into one legal description encompassing all such parcels of property; or
414          (B) joining a subdivided parcel of property to another parcel of property that has not
415     been subdivided, if the joinder does not violate applicable land use ordinances;
416          (iv) an agreement between owners of adjoining subdivided properties adjusting the
417     mutual lot line boundary in accordance with Section 10-9a-603 if:
418          (A) no new dwelling lot or housing unit will result from the adjustment; and
419          (B) the adjustment will not violate any applicable land use ordinance;
420          (v) a bona fide division or partition of land by deed or other instrument where the land
421     use authority expressly approves in writing the division in anticipation of further land use
422     approvals on the parcel or parcels;
423          (vi) a parcel boundary adjustment;
424          (vii) a lot line adjustment;
425          (viii) a road, street, or highway dedication plat; or
426          (ix) a deed or easement for a road, street, or highway purpose.
427          (d) The joining of a subdivided parcel of property to another parcel of property that has
428     not been subdivided does not constitute a subdivision under this Subsection (65) as to the
429     unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
430     subdivision ordinance.
431          [(66)] (68) "Subdivision amendment" means an amendment to a recorded subdivision
432     in accordance with Section 10-9a-608 that:
433          (a) vacates all or a portion of the subdivision;
434          (b) alters the outside boundary of the subdivision;
435          (c) changes the number of lots within the subdivision;
436          (d) alters a public right-of-way, a public easement, or public infrastructure within the
437     subdivision; or
438          (e) alters a common area or other common amenity within the subdivision.
439          [(67)] (69) "Suspect soil" means soil that has:
440          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
441     3% swell potential;
442          (b) bedrock units with high shrink or swell susceptibility; or
443          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
444     commonly associated with dissolution and collapse features.
445          [(68)] (70) "Therapeutic school" means a residential group living facility:
446          (a) for four or more individuals who are not related to:
447          (i) the owner of the facility; or
448          (ii) the primary service provider of the facility;
449          (b) that serves students who have a history of failing to function:
450          (i) at home;
451          (ii) in a public school; or
452          (iii) in a nonresidential private school; and
453          (c) that offers:
454          (i) room and board; and
455          (ii) an academic education integrated with:
456          (A) specialized structure and supervision; or
457          (B) services or treatment related to a disability, an emotional development, a
458     behavioral development, a familial development, or a social development.
459          [(69)] (71) "Transferable development right" means a right to develop and use land that
460     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
461     land use rights from a designated sending zone to a designated receiving zone.
462          [(70)] (72) "Unincorporated" means the area outside of the incorporated area of a city
463     or town.
464          [(71)] (73) "Water interest" means any right to the beneficial use of water, including:
465          (a) each of the rights listed in Section 73-1-11; and
466          (b) an ownership interest in the right to the beneficial use of water represented by:
467          (i) a contract; or
468          (ii) a share in a water company, as defined in Section 73-3-3.5.
469          [(72)] (74) "Zoning map" means a map, adopted as part of a land use ordinance, that
470     depicts land use zones, overlays, or districts.
471          Section 2. Section 10-9a-511 is amended to read:
472          10-9a-511. Nonconforming uses and noncomplying structures.
473          (1) (a) Except as provided in this section, a nonconforming use or noncomplying
474     structure may be continued by the present or a future property owner.
475          (b) A nonconforming use may be extended through the same building, provided no
476     structural alteration of the building is proposed or made for the purpose of the extension.
477          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
478     building is not a structural alteration.
479          (2) The legislative body may provide for:
480          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
481     substitution of nonconforming uses upon the terms and conditions set forth in the land use
482     ordinance;
483          (b) the termination of all nonconforming uses, except billboards, by providing a
484     formula establishing a reasonable time period during which the owner can recover or amortize
485     the amount of his investment in the nonconforming use, if any; and
486          (c) the termination of a nonconforming use due to its abandonment.
487          (3) (a) A municipality may not prohibit the reconstruction or restoration of a
488     noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
489     destroyed in whole or in part due to fire or other calamity unless the structure or use has been
490     abandoned.
491          (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
492     structure or terminate the nonconforming use of a structure if:
493          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
494     uninhabitable and is not repaired or restored within six months after the day on which written
495     notice is served to the property owner that the structure is uninhabitable and that the
496     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
497     restored within six months; or
498          (ii) the property owner has voluntarily demolished a majority of the noncomplying
499     structure or the building that houses the nonconforming use.
500          (c) (i) Notwithstanding a prohibition in the municipality's zoning ordinance, a
501     municipality may permit a billboard owner to relocate the billboard within the municipality's
502     boundaries to a location that is mutually acceptable to the municipality and the billboard
503     owner.
504          (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
505     location within 180 days after the day on which the owner submits a written request to relocate
506     the billboard, the billboard owner may relocate the billboard in accordance with Subsection
507     10-9a-513(2).
508          (d) For any nonconforming or conforming billboard in existence on or after January 1,
509     2021, that is located in a zone that, on or after January 1, 2021, had in effect a municipal
510     zoning ordinance that allowed an electronic message sign or mechanical changeable message
511     sign adjacent to a right-of-way, the municipality shall allow the existing nonconforming or
512     conforming billboard to upgrade to:
513          (i) an electronic changeable message billboard if:
514          (A) the interval between message changes is not more frequent than eight seconds; and
515          (B) the actual message rotation process does not exceed one-quarter of one second;
516          (ii) a mechanical changeable message billboard if:
517          (A) the interval between message changes is not more frequent than eight seconds; and
518          (B) the actual message rotation process does not exceed three seconds; or
519          (iii) a combination of Subsections (3)(d)(i) and (ii).
520          (e) A municipality may enact or enforce an ordinance that prevents an owner of a
521     billboard from upgrading a billboard to an electronic or mechanical changeable message
522     billboard for any billboard:
523          (i) located on a property immediately adjacent to a State Scenic Byway, National
524     Scenic Byway, or All-American Road as designated pursuant to Title 72, Chapter 4, Part 3,
525     Utah State Scenic Byway Program; or
526          (ii) in any zone that, on or after January 1, 2021, was zoned exclusively for residential
527     use.
528          (f) (i) For an electronic changeable message sign located in a zone described in
529     Subsection (3)(f)(ii), a municipality may:
530          (A) subject to Subsection (3)(f)(iii) impose a curfew on the operation of the electronic
531     changeable message sign; or
532          (B) require the use of an electronic changeable message sign that is designed and
533     manufactured with physical light-trespass mitigation that blocks the displays light output from
534     substantially reaching an existing residential dwelling structure.
535          (ii) A municipality may impose the restrictions described in Subsection (3)(f)(i) for an
536     electronic changeable message sign if the face of the electronic changeable message sign is:
537          (A) located outside of an area subject to the Highway Beautification Act of 1965, Pub.
538     L. No. 89-285, 79 Stat. 1028, or the Utah-Federal Agreement, as defined in Section 72-7-515;
539          (B) located within 300 feet of the outer edge of an existing residential dwelling
540     structure that is legally occupied and located on property zoned primarily for residential
541     purposes; and
542          (C) oriented toward the structure described in Subsection (3)(f)(ii)(B).
543          (iii) A municipality may not enact a curfew on the operation of an electronic
544     changeable message sign except between the hours of midnight and 6 a.m.
545          (g) (i) Except as provided in Subsection (3)(g)(ii), a municipality may not, as a
546     condition of upgrading a sign in accordance with Subsection (3)(d), enact or enforce an
547     ordinance that requires a billboard owner to install additional landscaping or aesthetic
548     embellishments.
549          (ii) Subsection (3)(g)(i) does not apply to a municipal ordinance that restricts the paint
550     color of a sign structure.
551          (h) A municipality may not, as a condition of upgrading or building a sign in
552     accordance with Subsection (3)(d), enact or enforce an ordinance that requires a billboard
553     owner to forfeit another billboard or any associated right.
554          (i) If a municipal zoning ordinance allows an on-premise sign that has a sign face of 64
555     square feet or more that is located in a zone subject to a particular zoning classification to be an
556     electronic message sign, an owner of a nonconforming or conforming billboard located in a
557     zone that is subject to the same zoning classification may, in accordance with this Subsection
558     (3), upgrade the billboard to an electronic message sign.
559          (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
560     legal existence for nonconforming uses, the property owner shall have the burden of
561     establishing the legal existence of a noncomplying structure or nonconforming use.
562          (b) Any party claiming that a nonconforming use has been abandoned shall have the
563     burden of establishing the abandonment.
564          (c) Abandonment may be presumed to have occurred if:
565          (i) a majority of the primary structure associated with the nonconforming use has been
566     voluntarily demolished without prior written agreement with the municipality regarding an
567     extension of the nonconforming use;
568          (ii) the use has been discontinued for a minimum of one year; or
569          (iii) the primary structure associated with the nonconforming use remains vacant for a
570     period of one year.
571          (d) The property owner may rebut the presumption of abandonment under Subsection
572     (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
573     (4)(b) has not occurred.
574          (5) A municipality may terminate the nonconforming status of a school district or
575     charter school use or structure when the property associated with the school district or charter
576     school use or structure ceases to be used for school district or charter school purposes for a
577     period established by ordinance.
578          Section 3. Section 10-9a-513 is amended to read:
579          10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removal
580     without providing compensation -- Limit on allowing nonconforming billboards to be
581     rebuilt or replaced -- Validity of municipal permit after issuance of state permit.
582          (1) As used in this section:
583          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
584     a vehicle traveling on a street or highway within the visibility area.
585          (b) "Highest allowable height" means:
586          (i) if the height allowed by the municipality, by ordinance or consent, is higher than the
587     height under Subsection (1)(b)(ii), the height allowed by the municipality; or
588          (ii) (A) for a noninterstate billboard:
589          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
590     previous use or structure; or
591          (II) if the height of the previous use or structure is less than 45 feet, the height of the
592     previous use or structure or the height to make the entire advertising content of the billboard
593     clearly visible, whichever is higher, but no higher than 45 feet; and
594          (B) for an interstate billboard:
595          (I) if the height of the previous use or structure is at or above the interstate height, the
596     height of the previous use or structure; or
597          (II) if the height of the previous use or structure is less than the interstate height, the
598     height of the previous use or structure or the height to make the entire advertising content of
599     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
600          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
601     highway that is an interstate.
602          (d) "Interstate height" means a height that is the higher of:
603          (i) 65 feet above the ground; and
604          (ii) 25 feet above the grade of the interstate.
605          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
606     street or highway that is not an interstate.
607          (f) "Visibility area" means the area on a street or highway that is:
608          (i) defined at one end by a line extending from the base of the billboard across all lanes
609     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
610          (ii) defined on the other end by a line extending across all lanes of traffic of the street
611     or highway in a plane that is:
612          (A) perpendicular to the street or highway; and
613          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
614          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
615          (2) (a) If a billboard owner makes a written request to the municipality with
616     jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard
617     owner may take the requested action, without further municipal land use approval, 180 days
618     after the day on which the billboard owner makes the written request, unless within the 180-day
619     period the municipality:
620          (i) in an attempt to acquire the billboard and associated rights through eminent domain
621     under Section 10-9a-512 for the purpose of terminating the billboard and associated rights:
622          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
623     Eminent Domain, before the filing of an eminent domain action; and
624          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
625     Eminent Domain;
626          (ii) denies the request in accordance with Subsection (2)(d); or
627          (iii) requires the billboard owner to remove the billboard in accordance with
628     Subsection [(3)] (4).
629          (b) Subject to [Subsection] Subsections (2)(a) and (3), a billboard owner may:
630          (i) rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty,
631     an act of God, or vandalism;
632          (ii) relocate or rebuild a billboard structure, or take another measure, to correct a
633     mistake in the placement or erection of a billboard for which the municipality issued a permit,
634     if the proposed relocation, rebuilding, or other measure is consistent with the intent of that
635     permit;
636          (iii) structurally modify or upgrade a billboard;
637          (iv) relocate a billboard into any commercial, industrial, or manufacturing zone within
638     the municipality's boundaries, if the relocated billboard is:
639          (A) within 5,280 feet of the billboard's previous location; and
640          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
641     street or highway, or if the street or highway is an interstate or limited access highway that is
642     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
643     under that act between the relocated billboard and an off-premise sign existing on the same side
644     of the interstate or limited access highway; or
645          (v) make one or more of the following modifications, as the billboard owner
646     determines, to a billboard that is structurally altered by modification or upgrade under
647     Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
648     alterations:
649          (A) erect the billboard:
650          (I) to the highest allowable height; and
651          (II) as the owner determines, to an angle that makes the entire advertising content of
652     the billboard clearly visible; or
653          (B) install a sign face on the billboard that is at least the same size as, but no larger
654     than, the sign face on the billboard before the billboard's relocation.
655          (c) A modification under Subsection (2)(b)(v) shall comply with Title 72, Chapter 7,
656     Part 5, Utah Outdoor Advertising Act, to the extent applicable.
657          (d) A municipality may deny a billboard owner's request to relocate or rebuild a
658     billboard structure, or to take other measures, in order to correct a mistake in the placement or
659     erection of a billboard without acquiring the billboard and associated rights through eminent
660     domain under Section 10-9a-512, if the mistake in placement or erection of the billboard is
661     determined by clear and convincing evidence, in a proceeding that protects the billboard
662     owner's due process rights, to have resulted from an intentionally false or misleading statement:
663          (i) by the billboard applicant in the application; and
664          (ii) regarding the placement or erection of the billboard.
665          (e) A municipality that acquires a billboard and associated rights through eminent
666     domain under Section 10-9a-512 shall pay just compensation to the billboard owner in an
667     amount that is:
668          (i) the value of the existing billboard at a fair market capitalization rate, based on
669     actual annual revenue, less any annual rent expense;
670          (ii) the value of any other right associated with the billboard;
671          (iii) the cost of the sign structure; and
672          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
673     billboard owner's interest is a part.
674          (f) If a municipality commences an eminent domain action under Subsection (2)(a)(i):
675          (i) the provisions of Section 78B-6-510 do not apply; and
676          (ii) the municipality may not take possession of the billboard or the billboard's
677     associated rights until:
678          (A) completion of all appeals of a judgment allowing the municipality to acquire the
679     billboard and associated rights; and
680          (B) the billboard owner receives payment of just compensation, described in
681     Subsection (2)(e).
682          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
683     billboard owner may proceed, without further municipal land use approval, to take an action
684     requested under Subsection (2)(a), if the municipality's eminent domain action commenced
685     under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire
686     the billboard and associated rights.
687          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
688     time before the municipality takes possession of the billboard or the billboard's associated
689     rights in accordance with Subsection (2)(f)(ii).
690          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
691     the court shall dismiss the municipality's eminent domain action to acquire the billboard or
692     associated rights.
693          (3) For a billboard that is relocated as described in Subsection (2)(b)(iv), a billboard
694     owner may only upgrade the billboard to an electronic message sign if:
695          (a) the billboard is eligible to upgrade pursuant to Subsection 10-9a-511(3); and
696          (b) the new location of the billboard is located in a zone in which the municipal zoning
697     ordinance allows an electronic message sign adjacent to a right-of-way.
698          [(3)] (4) Notwithstanding Section 10-9a-512, a municipality may require the owner of a
699     billboard to remove the billboard without acquiring the billboard and associated rights through
700     eminent domain if:
701          (a) the municipality determines:
702          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
703     false or misleading statement in the applicant's application regarding the placement or erection
704     of the billboard; or
705          (ii) by substantial evidence that the billboard:
706          (A) is structurally unsafe;
707          (B) is in an unreasonable state of repair; or
708          (C) has been abandoned for at least 12 months;
709          (b) the municipality notifies the billboard owner in writing that the billboard owner's
710     billboard meets one or more of the conditions listed in Subsections [(3)] (4)(a)(i) and (ii);
711          (c) the billboard owner fails to remedy the condition or conditions within:
712          (i) 180 days after the day on which the billboard owner receives written notice under
713     Subsection [(3)] (4)(b); or
714          (ii) if the condition forming the basis of the municipality's intention to remove the
715     billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
716     because of a natural disaster, after the day on which the billboard owner receives written notice
717     under Subsection [(3)] (4)(b); and
718          (d) following the expiration of the applicable period under Subsection [(3)] (4)(c) and
719     after providing the billboard owner with reasonable notice of proceedings and an opportunity
720     for a hearing, the municipality finds:
721          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
722     a false or misleading statement in the application regarding the placement or erection of the
723     billboard; or
724          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
725     unreasonable state of repair, or has been abandoned for at least 12 months.
726          [(4)] (5) A municipality may not allow a nonconforming billboard to be rebuilt or
727     replaced by anyone other than the billboard's owner, or the billboard's owner acting through a
728     contractor, within 500 feet of the nonconforming location.
729          [(5)] (6) A permit that a municipality issues, extends, or renews for a billboard remains
730     valid beginning on the day on which the municipality issues, extends, or renews the permit and
731     ending 180 days after the day on which a required state permit is issued for the billboard if:
732          (a) the billboard requires a state permit; and
733          (b) an application for the state permit is filed within 30 days after the day on which the
734     municipality issues, extends, or renews a permit for the billboard.
735          Section 4. Section 10-9a-529 is amended to read:
736          10-9a-529. Specified public utility located in a municipal utility easement.
737          A specified public utility may exercise each power of a public utility under Section
738     54-3-27 if the specified public utility uses an easement:
739          (1) with the consent of a municipality; and
740          (2) that is located within a municipal utility easement described in Subsection
741     10-9a-103[(40)](42)(a) through (e).
742          Section 5. Section 17-27a-103 is amended to read:
743          17-27a-103. Definitions.
744          As used in this chapter:
745          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
746     detached from a primary single-family dwelling and contained on one lot.
747          (2) "Adversely affected party" means a person other than a land use applicant who:
748          (a) owns real property adjoining the property that is the subject of a land use
749     application or land use decision; or
750          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
751     general community as a result of the land use decision.
752          (3) "Affected entity" means a county, municipality, local district, special service
753     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
754     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
755     property owner, property owners association, public utility, or the Utah Department of
756     Transportation, if:
757          (a) the entity's services or facilities are likely to require expansion or significant
758     modification because of an intended use of land;
759          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
760     or
761          (c) the entity has filed with the county a request for notice during the same calendar
762     year and before the county provides notice to an affected entity in compliance with a
763     requirement imposed under this chapter.
764          (4) "Affected owner" means the owner of real property that is:
765          (a) a single project;
766          (b) the subject of a land use approval that sponsors of a referendum timely challenged
767     in accordance with Subsection 20A-7-601(5)(a); and
768          (c) determined to be legally referable under Section 20A-7-602.8.
769          (5) "Appeal authority" means the person, board, commission, agency, or other body
770     designated by ordinance to decide an appeal of a decision of a land use application or a
771     variance.
772          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
773     residential property if the sign is designed or intended to direct attention to a business, product,
774     or service that is not sold, offered, or existing on the property where the sign is located.
775          (7) (a) "Charter school" means:
776          (i) an operating charter school;
777          (ii) a charter school applicant that has its application approved by a charter school
778     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
779          (iii) an entity that is working on behalf of a charter school or approved charter
780     applicant to develop or construct a charter school building.
781          (b) "Charter school" does not include a therapeutic school.
782          (8) "Chief executive officer" means the person or body that exercises the executive
783     powers of the county.
784          (9) "Conditional use" means a land use that, because of its unique characteristics or
785     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
786     compatible in some areas or may be compatible only if certain conditions are required that
787     mitigate or eliminate the detrimental impacts.
788          (10) "Constitutional taking" means a governmental action that results in a taking of
789     private property so that compensation to the owner of the property is required by the:
790          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
791          (b) Utah Constitution, Article I, Section 22.
792          (11) "County utility easement" means an easement that:
793          (a) a plat recorded in a county recorder's office described as a county utility easement
794     or otherwise as a utility easement;
795          (b) is not a protected utility easement or a public utility easement as defined in Section
796     54-3-27;
797          (c) the county or the county's affiliated governmental entity owns or creates; and
798          (d) (i) either:
799          (A) no person uses or occupies; or
800          (B) the county or the county's affiliated governmental entity uses and occupies to
801     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
802     communications or data lines; or
803          (ii) a person uses or occupies with or without an authorized franchise or other
804     agreement with the county.
805          (12) "Culinary water authority" means the department, agency, or public entity with
806     responsibility to review and approve the feasibility of the culinary water system and sources for
807     the subject property.
808          (13) "Development activity" means:
809          (a) any construction or expansion of a building, structure, or use that creates additional
810     demand and need for public facilities;
811          (b) any change in use of a building or structure that creates additional demand and need
812     for public facilities; or
813          (c) any change in the use of land that creates additional demand and need for public
814     facilities.
815          (14) (a) "Disability" means a physical or mental impairment that substantially limits
816     one or more of a person's major life activities, including a person having a record of such an
817     impairment or being regarded as having such an impairment.
818          (b) "Disability" does not include current illegal use of, or addiction to, any federally
819     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
820     Sec. 802.
821          (15) "Educational facility":
822          (a) means:
823          (i) a school district's building at which pupils assemble to receive instruction in a
824     program for any combination of grades from preschool through grade 12, including
825     kindergarten and a program for children with disabilities;
826          (ii) a structure or facility:
827          (A) located on the same property as a building described in Subsection (15)(a)(i); and
828          (B) used in support of the use of that building; and
829          (iii) a building to provide office and related space to a school district's administrative
830     personnel; and
831          (b) does not include:
832          (i) land or a structure, including land or a structure for inventory storage, equipment
833     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
834          (A) not located on the same property as a building described in Subsection (15)(a)(i);
835     and
836          (B) used in support of the purposes of a building described in Subsection (15)(a)(i); or
837          (ii) a therapeutic school.
838          (16) "Electronic changeable message sign" or "electronic message sign" means the
839     same as that term is defined in Section 10-9a-103.
840          [(16)] (17) "Fire authority" means the department, agency, or public entity with
841     responsibility to review and approve the feasibility of fire protection and suppression services
842     for the subject property.
843          [(17)] (18) "Flood plain" means land that:
844          (a) is within the 100-year flood plain designated by the Federal Emergency
845     Management Agency; or
846          (b) has not been studied or designated by the Federal Emergency Management Agency
847     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
848     the land has characteristics that are similar to those of a 100-year flood plain designated by the
849     Federal Emergency Management Agency.
850          [(18)] (19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
851          [(19)] (20) "General plan" means a document that a county adopts that sets forth
852     general guidelines for proposed future development of:
853          (a) the unincorporated land within the county; or
854          (b) for a mountainous planning district, the land within the mountainous planning
855     district.
856          [(20)] (21) "Geologic hazard" means:
857          (a) a surface fault rupture;
858          (b) shallow groundwater;
859          (c) liquefaction;
860          (d) a landslide;
861          (e) a debris flow;
862          (f) unstable soil;
863          (g) a rock fall; or
864          (h) any other geologic condition that presents a risk:
865          (i) to life;
866          (ii) of substantial loss of real property; or
867          (iii) of substantial damage to real property.
868          [(21)] (22) "Hookup fee" means a fee for the installation and inspection of any pipe,
869     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
870     utility system.
871          [(22)] (23) "Identical plans" means building plans submitted to a county that:
872          (a) are clearly marked as "identical plans";
873          (b) are substantially identical building plans that were previously submitted to and
874     reviewed and approved by the county; and
875          (c) describe a building that:
876          (i) is located on land zoned the same as the land on which the building described in the
877     previously approved plans is located;
878          (ii) is subject to the same geological and meteorological conditions and the same law
879     as the building described in the previously approved plans;
880          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
881     and approved by the county; and
882          (iv) does not require any additional engineering or analysis.
883          [(23)] (24) "Impact fee" means a payment of money imposed under Title 11, Chapter
884     36a, Impact Fees Act.
885          [(24)] (25) "Improvement completion assurance" means a surety bond, letter of credit,
886     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
887     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
888     required as a condition precedent to:
889          (a) recording a subdivision plat; or
890          (b) development of a commercial, industrial, mixed use, or multifamily project.
891          [(25)] (26) "Improvement warranty" means an applicant's unconditional warranty that
892     the applicant's installed and accepted landscaping or infrastructure improvement:
893          (a) complies with the county's written standards for design, materials, and
894     workmanship; and
895          (b) will not fail in any material respect, as a result of poor workmanship or materials,
896     within the improvement warranty period.
897          [(26)] (27) "Improvement warranty period" means a period:
898          (a) no later than one year after a county's acceptance of required landscaping; or
899          (b) no later than one year after a county's acceptance of required infrastructure, unless
900     the county:
901          (i) determines for good cause that a one-year period would be inadequate to protect the
902     public health, safety, and welfare; and
903          (ii) has substantial evidence, on record:
904          (A) of prior poor performance by the applicant; or
905          (B) that the area upon which the infrastructure will be constructed contains suspect soil
906     and the county has not otherwise required the applicant to mitigate the suspect soil.
907          [(27)] (28) "Infrastructure improvement" means permanent infrastructure that is
908     essential for the public health and safety or that:
909          (a) is required for human consumption; and
910          (b) an applicant must install:
911          (i) in accordance with published installation and inspection specifications for public
912     improvements; and
913          (ii) as a condition of:
914          (A) recording a subdivision plat;
915          (B) obtaining a building permit; or
916          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
917     project.
918          [(28)] (29) "Internal lot restriction" means a platted note, platted demarcation, or
919     platted designation that:
920          (a) runs with the land; and
921          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
922     the plat; or
923          (ii) designates a development condition that is enclosed within the perimeter of a lot
924     described on the plat.
925          [(29)] (30) "Interstate pipeline company" means a person or entity engaged in natural
926     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
927     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
928          [(30)] (31) "Intrastate pipeline company" means a person or entity engaged in natural
929     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
930     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
931          [(31)] (32) "Land use applicant" means a property owner, or the property owner's
932     designee, who submits a land use application regarding the property owner's land.
933          [(32)] (33) "Land use application":
934          (a) means an application that is:
935          (i) required by a county; and
936          (ii) submitted by a land use applicant to obtain a land use decision; and
937          (b) does not mean an application to enact, amend, or repeal a land use regulation.
938          [(33)] (34) "Land use authority" means:
939          (a) a person, board, commission, agency, or body, including the local legislative body,
940     designated by the local legislative body to act upon a land use application; or
941          (b) if the local legislative body has not designated a person, board, commission,
942     agency, or body, the local legislative body.
943          [(34)] (35) "Land use decision" means an administrative decision of a land use
944     authority or appeal authority regarding:
945          (a) a land use permit;
946          (b) a land use application; or
947          (c) the enforcement of a land use regulation, land use permit, or development
948     agreement.
949          [(35)] (36) "Land use permit" means a permit issued by a land use authority.
950          [(36)] (37) "Land use regulation":
951          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
952     specification, fee, or rule that governs the use or development of land;
953          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
954     and
955          (c) does not include:
956          (i) a land use decision of the legislative body acting as the land use authority, even if
957     the decision is expressed in a resolution or ordinance; or
958          (ii) a temporary revision to an engineering specification that does not materially:
959          (A) increase a land use applicant's cost of development compared to the existing
960     specification; or
961          (B) impact a land use applicant's use of land.
962          [(37)] (38) "Legislative body" means the county legislative body, or for a county that
963     has adopted an alternative form of government, the body exercising legislative powers.
964          [(38)] (39) "Local district" means any entity under Title 17B, Limited Purpose Local
965     Government Entities - Local Districts, and any other governmental or quasi-governmental
966     entity that is not a county, municipality, school district, or the state.
967          [(39)] (40) "Lot" means a tract of land, regardless of any label, that is created by and
968     shown on a subdivision plat that has been recorded in the office of the county recorder.
969          [(40)] (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
970     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
971     accordance with Section 17-27a-608, with the consent of the owners of record.
972          (b) "Lot line adjustment" does not mean a new boundary line that:
973          (i) creates an additional lot; or
974          (ii) constitutes a subdivision.
975          [(41)] (42) "Major transit investment corridor" means public transit service that uses or
976     occupies:
977          (a) public transit rail right-of-way;
978          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
979     or
980          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
981     municipality or county and:
982          (i) a public transit district as defined in Section 17B-2a-802; or
983          (ii) an eligible political subdivision as defined in Section 59-12-2219.
984          (43) "Mechanical changeable message sign" or "mechanical message sign" means the
985     same as that term is defined in Section 10-9a-103.
986          [(42)] (44) "Moderate income housing" means housing occupied or reserved for
987     occupancy by households with a gross household income equal to or less than 80% of the
988     median gross income for households of the same size in the county in which the housing is
989     located.
990          [(43)] (45) "Mountainous planning district" means an area:
991          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
992          (b) that is not otherwise exempt under Section 10-9a-304.
993          [(44)] (46) "Nominal fee" means a fee that reasonably reimburses a county only for
994     time spent and expenses incurred in:
995          (a) verifying that building plans are identical plans; and
996          (b) reviewing and approving those minor aspects of identical plans that differ from the
997     previously reviewed and approved building plans.
998          [(45)] (47) "Noncomplying structure" means a structure that:
999          (a) legally existed before its current land use designation; and
1000          (b) because of one or more subsequent land use ordinance changes, does not conform
1001     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1002     the use of land.
1003          [(46)] (48) "Nonconforming use" means a use of land that:
1004          (a) legally existed before its current land use designation;
1005          (b) has been maintained continuously since the time the land use ordinance regulation
1006     governing the land changed; and
1007          (c) because of one or more subsequent land use ordinance changes, does not conform
1008     to the regulations that now govern the use of the land.
1009          [(47)] (49) "Official map" means a map drawn by county authorities and recorded in
1010     the county recorder's office that:
1011          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1012     highways and other transportation facilities;
1013          (b) provides a basis for restricting development in designated rights-of-way or between
1014     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1015     the land; and
1016          (c) has been adopted as an element of the county's general plan.
1017          [(48)] (50) "Parcel" means any real property that is not a lot created by and shown on a
1018     subdivision plat recorded in the office of the county recorder.
1019          [(49)] (51) (a) "Parcel boundary adjustment" means a recorded agreement between
1020     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1021     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
1022          (i) none of the property identified in the agreement is subdivided land; or
1023          (ii) the adjustment is to the boundaries of a single person's parcels.
1024          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1025     line that:
1026          (i) creates an additional parcel; or
1027          (ii) constitutes a subdivision.
1028          [(50)] (52) "Person" means an individual, corporation, partnership, organization,
1029     association, trust, governmental agency, or any other legal entity.
1030          [(51)] (53) "Plan for moderate income housing" means a written document adopted by
1031     a county legislative body that includes:
1032          (a) an estimate of the existing supply of moderate income housing located within the
1033     county;
1034          (b) an estimate of the need for moderate income housing in the county for the next five
1035     years;
1036          (c) a survey of total residential land use;
1037          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1038     income housing; and
1039          (e) a description of the county's program to encourage an adequate supply of moderate
1040     income housing.
1041          [(52)] (54) "Planning advisory area" means a contiguous, geographically defined
1042     portion of the unincorporated area of a county established under this part with planning and
1043     zoning functions as exercised through the planning advisory area planning commission, as
1044     provided in this chapter, but with no legal or political identity separate from the county and no
1045     taxing authority.
1046          [(53)] (55) "Plat" means a map or other graphical representation of lands that a licensed
1047     professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
1048     57-8-13.
1049          [(54)] (56) "Potential geologic hazard area" means an area that:
1050          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1051     relevant map or report as needing further study to determine the area's potential for geologic
1052     hazard; or
1053          (b) has not been studied by the Utah Geological Survey or a county geologist but
1054     presents the potential of geologic hazard because the area has characteristics similar to those of
1055     a designated geologic hazard area.
1056          [(55)] (57) "Public agency" means:
1057          (a) the federal government;
1058          (b) the state;
1059          (c) a county, municipality, school district, local district, special service district, or other
1060     political subdivision of the state; or
1061          (d) a charter school.
1062          [(56)] (58) "Public hearing" means a hearing at which members of the public are
1063     provided a reasonable opportunity to comment on the subject of the hearing.
1064          [(57)] (59) "Public meeting" means a meeting that is required to be open to the public
1065     under Title 52, Chapter 4, Open and Public Meetings Act.
1066          [(58)] (60) "Public street" means a public right-of-way, including a public highway,
1067     public avenue, public boulevard, public parkway, public road, public lane, public alley, public
1068     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1069     easement, or other public way.
1070          [(59)] (61) "Receiving zone" means an unincorporated area of a county that the county
1071     designates, by ordinance, as an area in which an owner of land may receive a transferable
1072     development right.
1073          [(60)] (62) "Record of survey map" means a map of a survey of land prepared in
1074     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1075          [(61)] (63) "Residential facility for persons with a disability" means a residence:
1076          (a) in which more than one person with a disability resides; and
1077          (b) (i) which is licensed or certified by the Department of Human Services under Title
1078     62A, Chapter 2, Licensure of Programs and Facilities; or
1079          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1080     21, Health Care Facility Licensing and Inspection Act.
1081          [(62)] (64) "Rules of order and procedure" means a set of rules that govern and
1082     prescribe in a public meeting:
1083          (a) parliamentary order and procedure;
1084          (b) ethical behavior; and
1085          (c) civil discourse.
1086          [(63)] (65) "Sanitary sewer authority" means the department, agency, or public entity
1087     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1088     wastewater systems.
1089          [(64)] (66) "Sending zone" means an unincorporated area of a county that the county
1090     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1091     development right.
1092          [(65)] (67) "Site plan" means a document or map that may be required by a county
1093     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1094     owner's or developer's proposed development activity meets a land use requirement.
1095          [(66)] (68) "Specified public agency" means:
1096          (a) the state;
1097          (b) a school district; or
1098          (c) a charter school.
1099          [(67)] (69) "Specified public utility" means an electrical corporation, gas corporation,
1100     or telephone corporation, as those terms are defined in Section 54-2-1.
1101          [(68)] (70) "State" includes any department, division, or agency of the state.
1102          [(69)] (71) "Subdivided land" means the land, tract, or lot described in a recorded
1103     subdivision plat.
1104          [(70)] (72) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1105     to be divided into two or more lots or other division of land for the purpose, whether
1106     immediate or future, for offer, sale, lease, or development either on the installment plan or
1107     upon any and all other plans, terms, and conditions.
1108          (b) "Subdivision" includes:
1109          (i) the division or development of land whether by deed, metes and bounds description,
1110     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1111     includes all or a portion of a parcel or lot; and
1112          (ii) except as provided in Subsection [(70)] (72)(c), divisions of land for residential and
1113     nonresidential uses, including land used or to be used for commercial, agricultural, and
1114     industrial purposes.
1115          (c) "Subdivision" does not include:
1116          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1117          (ii) an agreement recorded with the county recorder's office between owners of
1118     adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
1119     with Section 57-1-45 if:
1120          (A) no new lot is created; and
1121          (B) the adjustment does not violate applicable land use ordinances;
1122          (iii) a recorded document, executed by the owner of record:
1123          (A) revising the legal description of more than one contiguous parcel of property that is
1124     not subdivided land into one legal description encompassing all such parcels of property; or
1125          (B) joining a subdivided parcel of property to another parcel of property that has not
1126     been subdivided, if the joinder does not violate applicable land use ordinances;
1127          (iv) a bona fide division or partition of land in a county other than a first class county
1128     for the purpose of siting, on one or more of the resulting separate parcels:
1129          (A) an electrical transmission line or a substation;
1130          (B) a natural gas pipeline or a regulation station; or
1131          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1132     utility service regeneration, transformation, retransmission, or amplification facility;
1133          (v) an agreement between owners of adjoining subdivided properties adjusting the
1134     mutual lot line boundary in accordance with Section 10-9a-603 if:
1135          (A) no new dwelling lot or housing unit will result from the adjustment; and
1136          (B) the adjustment will not violate any applicable land use ordinance;
1137          (vi) a bona fide division or partition of land by deed or other instrument where the land
1138     use authority expressly approves in writing the division in anticipation of further land use
1139     approvals on the parcel or parcels;
1140          (vii) a parcel boundary adjustment;
1141          (viii) a lot line adjustment;
1142          (ix) a road, street, or highway dedication plat; or
1143          (x) a deed or easement for a road, street, or highway purpose.
1144          (d) The joining of a subdivided parcel of property to another parcel of property that has
1145     not been subdivided does not constitute a subdivision under this Subsection [(70)] (72) as to
1146     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1147     subdivision ordinance.
1148          [(71)] (73) "Subdivision amendment" means an amendment to a recorded subdivision
1149     in accordance with Section 17-27a-608 that:
1150          (a) vacates all or a portion of the subdivision;
1151          (b) alters the outside boundary of the subdivision;
1152          (c) changes the number of lots within the subdivision;
1153          (d) alters a public right-of-way, a public easement, or public infrastructure within the
1154     subdivision; or
1155          (e) alters a common area or other common amenity within the subdivision.
1156          [(72)] (74) "Suspect soil" means soil that has:
1157          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1158     3% swell potential;
1159          (b) bedrock units with high shrink or swell susceptibility; or
1160          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1161     commonly associated with dissolution and collapse features.
1162          [(73)] (75) "Therapeutic school" means a residential group living facility:
1163          (a) for four or more individuals who are not related to:
1164          (i) the owner of the facility; or
1165          (ii) the primary service provider of the facility;
1166          (b) that serves students who have a history of failing to function:
1167          (i) at home;
1168          (ii) in a public school; or
1169          (iii) in a nonresidential private school; and
1170          (c) that offers:
1171          (i) room and board; and
1172          (ii) an academic education integrated with:
1173          (A) specialized structure and supervision; or
1174          (B) services or treatment related to a disability, an emotional development, a
1175     behavioral development, a familial development, or a social development.
1176          [(74)] (76) "Transferable development right" means a right to develop and use land that
1177     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1178     land use rights from a designated sending zone to a designated receiving zone.
1179          [(75)] (77) "Unincorporated" means the area outside of the incorporated area of a
1180     municipality.
1181          [(76)] (78) "Water interest" means any right to the beneficial use of water, including:
1182          (a) each of the rights listed in Section 73-1-11; and
1183          (b) an ownership interest in the right to the beneficial use of water represented by:
1184          (i) a contract; or
1185          (ii) a share in a water company, as defined in Section 73-3-3.5.
1186          [(77)] (79) "Zoning map" means a map, adopted as part of a land use ordinance, that
1187     depicts land use zones, overlays, or districts.
1188          Section 6. Section 17-27a-510 is amended to read:
1189          17-27a-510. Nonconforming uses and noncomplying structures.
1190          (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
1191     structure may be continued by the present or a future property owner.
1192          (b) A nonconforming use may be extended through the same building, provided no
1193     structural alteration of the building is proposed or made for the purpose of the extension.
1194          (c) For purposes of this Subsection (1), the addition of a solar energy device to a
1195     building is not a structural alteration.
1196          (2) The legislative body may provide for:
1197          (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
1198     substitution of nonconforming uses upon the terms and conditions set forth in the land use
1199     ordinance;
1200          (b) the termination of all nonconforming uses, except billboards, by providing a
1201     formula establishing a reasonable time period during which the owner can recover or amortize
1202     the amount of his investment in the nonconforming use, if any; and
1203          (c) the termination of a nonconforming use due to its abandonment.
1204          (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
1205     structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
1206     whole or in part due to fire or other calamity unless the structure or use has been abandoned.
1207          (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
1208     or terminate the nonconforming use of a structure if:
1209          (i) the structure is allowed to deteriorate to a condition that the structure is rendered
1210     uninhabitable and is not repaired or restored within six months after the day on which written
1211     notice is served to the property owner that the structure is uninhabitable and that the
1212     noncomplying structure or nonconforming use will be lost if the structure is not repaired or
1213     restored within six months; or
1214          (ii) the property owner has voluntarily demolished a majority of the noncomplying
1215     structure or the building that houses the nonconforming use.
1216          (c) (i) Notwithstanding a prohibition in the county's zoning ordinance, a county may
1217     permit a billboard owner to relocate the billboard within the county's unincorporated area to a
1218     location that is mutually acceptable to the county and the billboard owner.
1219          (ii) If the county and billboard owner cannot agree to a mutually acceptable location
1220     within 180 days after the day on which the owner submits a written request to relocate the
1221     billboard, the billboard owner may relocate the billboard in accordance with Subsection
1222     17-27a-512(2).
1223          (d) For any nonconforming or conforming billboard in existence on or after January 1,
1224     2021, that is located in a zone that, on or after January 1, 2021, had in effect a county zoning
1225     ordinance that allowed an electronic message sign or mechanical changeable message sign
1226     adjacent to a right-of-way, the county shall allow the existing nonconforming or conforming
1227     billboard to upgrade to:
1228          (i) an electronic changeable message billboard if:
1229          (A) the interval between message changes is not more frequent than eight seconds; and
1230          (B) the actual message rotation process does not exceed one-quarter of one second;
1231          (ii) a mechanical changeable message billboard if:
1232          (A) the interval between message changes is not more frequent than eight seconds; and
1233          (B) the actual message rotation process does not exceed three seconds; or
1234          (iii) a combination of Subsections (3)(d)(i) and (ii).
1235          (e) A county may enact or enforce an ordinance that prevents an owner of a billboard
1236     from upgrading a billboard to an electronic or mechanical changeable message billboard for
1237     any billboard:
1238          (i) located on a property immediately adjacent to a State Scenic Byway, National
1239     Scenic Byway, or All-American Road as designated pursuant to Title 72, Chapter 4, Part 3,
1240     Utah State Scenic Byway Program; or
1241          (ii) in any zone that, on or after January 1, 2021, was zoned exclusively for residential
1242     use.
1243          (f) (i) For an electronic changeable message sign located in a zone described in
1244     Subsection (3)(f)(ii), a county may:
1245          (A) subject to Subsection (3)(f)(iii) impose a curfew on the operation of the electronic
1246     changeable message sign; or
1247          (B) require the use of an electronic changeable message sign that is designed and
1248     manufactured with physical light-trespass mitigation that blocks the displays light output from
1249     substantially reaching an existing residential dwelling structure.
1250          (ii) A county may impose the restrictions described in Subsection (3)(f)(i) for an
1251     electronic changeable message sign if the face of the electronic changeable message sign is:
1252          (A) located outside of an area subject to the Highway Beautification Act of 1965, Pub.
1253     L. No. 89-285, 79 Stat. 1028, or the Utah-Federal Agreement, as defined in Section 72-7-515;
1254          (B) located within 300 feet of the outer edge of an existing residential dwelling
1255     structure that is legally occupied and located on property zoned primarily for residential
1256     purposes; and
1257          (C) oriented toward the structure described in Subsection (3)(f)(ii)(B).
1258          (iii) A county may not enact a curfew on the operation of an electronic changeable
1259     message sign except between the hours of midnight and 6 a.m.
1260          (g) (i) Except as provided in Subsection (3)(g)(ii), a county may not, as a condition of
1261     upgrading a sign in accordance with Subsection (3)(d), enact or enforce an ordinance that
1262     requires a billboard owner to install additional landscaping or aesthetic embellishments.
1263          (ii) Subsection (3)(g)(i) does not apply to a county ordinance that restricts the paint
1264     color of a sign structure.
1265          (h) A county may not, as a condition of upgrading or building a sign in accordance
1266     with Subsection (3)(d), enact or enforce an ordinance that requires a billboard owner to forfeit
1267     another billboard or any associated right.
1268          (i) If a county zoning ordinance allows an on-premise sign that has a sign face of 64
1269     square feet or more that is located in a zone subject to a particular zoning classification to be an
1270     electronic message sign, an owner of a nonconforming or conforming billboard located in a
1271     zone that is subject to the same zoning classification may, in accordance with this Subsection
1272     (3), upgrade the billboard to an electronic message sign.
1273          (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
1274     existence for nonconforming uses, the property owner shall have the burden of establishing the
1275     legal existence of a noncomplying structure or nonconforming use.
1276          (b) Any party claiming that a nonconforming use has been abandoned shall have the
1277     burden of establishing the abandonment.
1278          (c) Abandonment may be presumed to have occurred if:
1279          (i) a majority of the primary structure associated with the nonconforming use has been
1280     voluntarily demolished without prior written agreement with the county regarding an extension
1281     of the nonconforming use;
1282          (ii) the use has been discontinued for a minimum of one year; or
1283          (iii) the primary structure associated with the nonconforming use remains vacant for a
1284     period of one year.
1285          (d) The property owner may rebut the presumption of abandonment under Subsection
1286     (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
1287     (4)(c) has not occurred.
1288          (5) A county may terminate the nonconforming status of a school district or charter
1289     school use or structure when the property associated with the school district or charter school
1290     use or structure ceases to be used for school district or charter school purposes for a period
1291     established by ordinance.
1292          Section 7. Section 17-27a-512 is amended to read:
1293          17-27a-512. County's acquisition of billboard by eminent domain -- Removal
1294     without providing compensation -- Limit on allowing nonconforming billboard to be
1295     rebuilt or replaced -- Validity of county permit after issuance of state permit.
1296          (1) As used in this section:
1297          (a) "Clearly visible" means capable of being read without obstruction by an occupant of
1298     a vehicle traveling on a street or highway within the visibility area.
1299          (b) "Highest allowable height" means:
1300          (i) if the height allowed by the county, by ordinance or consent, is higher than the
1301     height under Subsection (1)(b)(ii), the height allowed by the county; or
1302          (ii) (A) for a noninterstate billboard:
1303          (I) if the height of the previous use or structure is 45 feet or higher, the height of the
1304     previous use or structure; or
1305          (II) if the height of the previous use or structure is less than 45 feet, the height of the
1306     previous use or structure or the height to make the entire advertising content of the billboard
1307     clearly visible, whichever is higher, but no higher than 45 feet; and
1308          (B) for an interstate billboard:
1309          (I) if the height of the previous use or structure is at or above the interstate height, the
1310     height of the previous use or structure; or
1311          (II) if the height of the previous use or structure is less than the interstate height, the
1312     height of the previous use or structure or the height to make the entire advertising content of
1313     the billboard clearly visible, whichever is higher, but no higher than the interstate height.
1314          (c) "Interstate billboard" means a billboard that is intended to be viewed from a
1315     highway that is an interstate.
1316          (d) "Interstate height" means a height that is the higher of:
1317          (i) 65 feet above the ground; and
1318          (ii) 25 feet above the grade of the interstate.
1319          (e) "Noninterstate billboard" means a billboard that is intended to be viewed from a
1320     street or highway that is not an interstate.
1321          (f) "Visibility area" means the area on a street or highway that is:
1322          (i) defined at one end by a line extending from the base of the billboard across all lanes
1323     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
1324          (ii) defined on the other end by a line extending across all lanes of traffic of the street
1325     or highway in a plane that is:
1326          (A) perpendicular to the street or highway; and
1327          (B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
1328          (II) for a noninterstate billboard, 300 feet from the base of the billboard.
1329          (2) (a) If a billboard owner makes a written request to the county with jurisdiction over
1330     the billboard to take an action described in Subsection (2)(b), the billboard owner may take the
1331     requested action, without further county land use approval, 180 days after the day on which the
1332     billboard owner makes the written request, unless within the 180-day period the county:
1333          (i) in an attempt to acquire the billboard and associated rights through eminent domain
1334     under Section 17-27a-511 for the purpose of terminating the billboard and associated rights:
1335          (A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
1336     Eminent Domain, before the filing of an eminent domain action; and
1337          (B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
1338     Eminent Domain;
1339          (ii) denies the request in accordance with Subsection (2)(d); or
1340          (iii) requires the billboard owner to remove the billboard in accordance with
1341     Subsection [(3)] (4).
1342          (b) Subject to [Subsection] Subsections (2)(a) and (3), a billboard owner may:
1343          (i) rebuild, maintain, repair, or restore a billboard structure that is damaged by casualty,
1344     an act of God, or vandalism;
1345          (ii) relocate or rebuild a billboard structure, or take another measure, to correct a
1346     mistake in the placement or erection of a billboard for which the county issued a permit, if the
1347     proposed relocation, rebuilding, or other measure is consistent with the intent of that permit;
1348          (iii) structurally modify or upgrade a billboard;
1349          (iv) relocate a billboard into any commercial, industrial, or manufacturing zone within
1350     the unincorporated area of the county, if the relocated billboard is:
1351          (A) within 5,280 feet of the billboard's previous location; and
1352          (B) no closer than 300 feet from an off-premise sign existing on the same side of the
1353     street or highway, or if the street or highway is an interstate or limited access highway that is
1354     subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed
1355     under that act between the relocated billboard and an off-premise sign existing on the same side
1356     of the interstate or limited access highway; or
1357          (v) make one or more of the following modifications, as the billboard owner
1358     determines, to a billboard that is structurally altered by modification or upgrade under
1359     Subsection (2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
1360     alterations:
1361          (A) erect the billboard:
1362          (I) to the highest allowable height; and
1363          (II) as the owner determines, to an angle that makes the entire advertising content of
1364     the billboard clearly visible; or
1365          (B) install a sign face on the billboard that is at least the same size as, but no larger
1366     than, the sign face on the billboard before the billboard's relocation.
1367          (c) A modification under Subsection (2)(b)(v) shall comply with Title 72, Chapter 7,
1368     Part 5, Utah Outdoor Advertising Act, to the extent applicable.
1369          (d) A county may deny a billboard owner's request to relocate or rebuild a billboard
1370     structure, or to take other measures, in order to correct a mistake in the placement or erection of
1371     a billboard without acquiring the billboard and associated rights through eminent domain under
1372     Section 17-27a-511, if the mistake in placement or erection of the billboard is determined by
1373     clear and convincing evidence, in a proceeding that protects the billboard owner's due process
1374     rights, to have resulted from an intentionally false or misleading statement:
1375          (i) by the billboard applicant in the application; and
1376          (ii) regarding the placement or erection of the billboard.
1377          (e) A county that acquires a billboard and associated rights through eminent domain
1378     under Section 17-27a-511 shall pay just compensation to the billboard owner in an amount that
1379     is:
1380          (i) the value of the existing billboard at a fair market capitalization rate, based on
1381     actual annual revenue, less any annual rent expense;
1382          (ii) the value of any other right associated with the billboard;
1383          (iii) the cost of the sign structure; and
1384          (iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which the
1385     billboard owner's interest is a part.
1386          (f) If a county commences an eminent domain action under Subsection (2)(a)(i):
1387          (i) the provisions of Section 78B-6-510 do not apply; and
1388          (ii) the county may not take possession of the billboard or the billboard's associated
1389     rights until:
1390          (A) completion of all appeals of a judgment allowing the county to acquire the
1391     billboard and associated rights; and
1392          (B) the billboard owner receives payment of just compensation, described in
1393     Subsection (2)(e).
1394          (g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
1395     billboard owner may proceed, without further county land use approval, to take an action
1396     requested under Subsection (2)(a), if the county's eminent domain action commenced under
1397     Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard
1398     and associated rights.
1399          (h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
1400     time before the county takes possession of the billboard or the billboard's associated rights in
1401     accordance with Subsection (2)(f)(ii).
1402          (ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
1403     the court shall dismiss the county's eminent domain action to acquire the billboard or
1404     associated rights.
1405          (3) For a billboard that is relocated as described in Subsection (2)(b)(iv), a billboard
1406     owner may only upgrade the billboard to an electronic message sign if:
1407          (a) the billboard is eligible to upgrade pursuant to Subsection 17-27a-511(3); and
1408          (b) the new location of the billboard is located in a zone in which the county zoning
1409     ordinance allows an electronic message sign adjacent to a right-of-way.
1410          [(3)] (4) Notwithstanding Section 17-27a-511, a county may require an owner of a
1411     billboard to remove the billboard without acquiring a billboard and associated rights through
1412     eminent domain if:
1413          (a) the county determines:
1414          (i) by clear and convincing evidence that the applicant for a permit intentionally made a
1415     false or misleading statement in the applicant's application regarding the placement or erection
1416     of the billboard; or
1417          (ii) by substantial evidence that the billboard:
1418          (A) is structurally unsafe;
1419          (B) is in an unreasonable state of repair; or
1420          (C) has been abandoned for at least 12 months;
1421          (b) the county notifies the billboard owner in writing that the billboard owner's
1422     billboard meets one or more of the conditions listed in Subsections [(3)] (4)(a)(i) and (ii);
1423          (c) the billboard owner fails to remedy the condition or conditions within:
1424          (i) 180 days after the day on which the billboard owner receives written notice under
1425     Subsection [(3)] (4)(b); or
1426          (ii) if the condition forming the basis of the county's intention to remove the billboard
1427     is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
1428     natural disaster, after the day on which the billboard owner receives written notice under
1429     Subsection [(3)] (4)(b); and
1430          (d) following the expiration of the applicable period under Subsection [(3)] (4)(c) and
1431     after providing the billboard owner with reasonable notice of proceedings and an opportunity
1432     for a hearing, the county finds:
1433          (i) by clear and convincing evidence, that the applicant for a permit intentionally made
1434     a false or misleading statement in the application regarding the placement or erection of the
1435     billboard; or
1436          (ii) by substantial evidence that the billboard is structurally unsafe, is in an
1437     unreasonable state of repair, or has been abandoned for at least 12 months.
1438          [(4)] (5) A county may not allow a nonconforming billboard to be rebuilt or replaced
1439     by anyone other than the billboard's owner, or the billboard's owner acting through a contractor,
1440     within 500 feet of the nonconforming location.
1441          [(5)] (6) A permit that a county issues, extends, or renews for a billboard remains valid
1442     beginning on the day on which the county issues, extends, or renews the permit and ending 180
1443     days after the day on which a required state permit is issued for the billboard if:
1444          (a) the billboard requires a state permit; and
1445          (b) an application for the state permit is filed within 30 days after the day on which the
1446     county issues, extends, or renews a permit for the billboard.
1447          Section 8. Section 63I-2-217 is amended to read:
1448          63I-2-217. Repeal dates -- Title 17.
1449          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
1450          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
1451     Council, is repealed January 1, 2021.
1452          (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
1453     planning district" is repealed June 1, 2021.
1454          (4) (a) Subsection 17-27a-103[(18)](20)(b), regarding a mountainous planning district,
1455     is repealed June 1, 2021.
1456          (b) Subsection 17-27a-103[(42)](45), regarding a mountainous planning district, is
1457     repealed June 1, 2021.
1458          (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
1459     district area" is repealed June 1, 2021.
1460          (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
1461     repealed June 1, 2021.
1462          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
1463     June 1, 2021.
1464          (c) Subsection 17-27a-301(3)(a), the language that states " or (c)" is repealed June 1,
1465     2021.
1466          (7) Section 17-27a-302, the language that states ", or mountainous planning district"
1467     and "or the mountainous planning district," is repealed June 1, 2021.
1468          (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
1469     district or" and ", as applicable" is repealed June 1, 2021.
1470          (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
1471     repealed June 1, 2021.
1472          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
1473     June 1, 2021.
1474          (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
1475     repealed June 1, 2021.
1476          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
1477     repealed June 1, 2021.
1478          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
1479     planning district" is repealed June 1, 2021.
1480          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
1481     district" is repealed June 1, 2021.
1482          (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
1483     repealed June 1, 2021.
1484          (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
1485     repealed June 1, 2021.
1486          (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
1487     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
1488          (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
1489     repealed June 1, 2021.
1490          (15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning
1491     district land" is repealed June 1, 2021.
1492          (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
1493     2021.
1494          (17) On June 1, 2021, when making the changes in this section, the Office of
1495     Legislative Research and General Counsel shall:
1496          (a) in addition to its authority under Subsection 36-12-12(3):
1497          (i) make corrections necessary to ensure that sections and subsections identified in this
1498     section are complete sentences and accurately reflect the office's understanding of the
1499     Legislature's intent; and
1500          (ii) make necessary changes to subsection numbering and cross references; and
1501          (b) identify the text of the affected sections and subsections based upon the section and
1502     subsection numbers used in Laws of Utah 2017, Chapter 448.
1503          (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
1504     in a designated recreation area, is repealed June 1, 2021.
1505          (19) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
1506     January 1, 2022.
1507          (20) On June 1, 2022:
1508          (a) Section 17-52a-104 is repealed;
1509          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
1510     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
1511          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
1512          (21) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
1513     initiate a change of form of government process by July 1, 2018, is repealed.
1514          Section 9. Section 72-7-505 is amended to read:
1515          72-7-505. Sign size -- Sign spacing -- Location in outdoor advertising corridor --
1516     Limit on implementation.
1517          (1) (a) Except as provided in Subsection (2), a sign face within the state may not
1518     exceed the following limits:
1519          (i) maximum area - 1,000 square feet;
1520          (ii) maximum length - 60 feet; and
1521          (iii) maximum height - 25 feet.
1522          (b) No more than two facings visible and readable from the same direction on the
1523     main-traveled way may be erected on any one sign structure. Whenever two facings are so
1524     positioned, neither shall exceed the maximum allowed square footage.
1525          (c) Two or more advertising messages on a sign face and double-faced, back-to-back,
1526     stacked, side-by-side, and V-type signs are permitted as a single sign or structure if both faces
1527     enjoy common ownership.
1528          (d) A changeable message sign is permitted if the interval between message changes is
1529     not more frequent than at least eight seconds and the actual message rotation process is
1530     accomplished in three seconds or less.
1531          (e) An illumination standard adopted by any jurisdiction shall be uniformly applied to
1532     all signs, public or private, on or off premise.
1533          (f) The illumination of an electronic changeable message sign may not be limited,
1534     except to prevent an electronic sign face from increasing ambient lighting levels by more than
1535     0.3 footcandles when measured:
1536          (i) after sunset and before sunrise;
1537          (ii) perpendicular to the sign face; and
1538          (iii) at a distance in linear feet calculated by taking the square root of the product of the
1539     following:
1540          (A) the area of the electronic changeable message sign face measured in square feet;
1541     and
1542          (B) 100.
1543          (2) (a) An outdoor sign structure located inside the unincorporated area of a
1544     nonurbanized county may have the maximum height allowed by the county for outdoor
1545     advertising structures in the commercial or industrial zone in which the sign is located. If no
1546     maximum height is provided for the location, the maximum sign height may be 65 feet above
1547     the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1548          (b) An outdoor sign structure located inside an incorporated municipality or urbanized
1549     county may have the maximum height allowed by the municipality or urbanized county for
1550     outdoor advertising structures in the commercial or industrial zone in which the sign is located.
1551     If no maximum height is provided for the location, the maximum sign height may be 65 feet
1552     above the ground or 25 feet above the grade of the main traveled way, whichever is greater.
1553          (3) Except as provided in Section 72-7-509:
1554          (a) Any sign allowed to be erected by reason of the exceptions set forth in Subsection
1555     72-7-504(2) or in H-1 zones may not be closer than 500 feet to an existing off-premise sign
1556     adjacent to an interstate highway or limited access primary highway, except that signs may be
1557     erected closer than 500 feet if the signs on the same side of the interstate highway or limited
1558     access primary highway are not simultaneously visible.
1559          (b) Signs may not be located within 500 feet of any of the following which are adjacent
1560     to the highway, unless the signs are in an incorporated area:
1561          (i) public parks;
1562          (ii) public forests;
1563          (iii) public playgrounds;
1564          (iv) areas designated as scenic areas by the department or other state agency having and
1565     exercising this authority; or
1566          (v) cemeteries.
1567          (c) (i) (A) Except under Subsection (3)(c)(ii), signs may not be located on an interstate
1568     highway or limited access highway on the primary system within 500 feet of an interchange, or
1569     intersection at grade, or rest area measured along the interstate highway or freeway from the
1570     sign to the nearest point of the beginning or ending of pavement widening at the exit from or
1571     entrance to the main-traveled way.
1572          (B) Interchange and intersection distance limitations shall be measured separately for
1573     each direction of travel. A measurement for each direction of travel may not control or affect
1574     any other direction of travel.
1575          (ii) A sign may be placed closer than 500 feet from the nearest point of the beginning
1576     or ending of pavement widening at the exit from or entrance to the main-traveled way, if:
1577          (A) the sign is replacing an existing outdoor advertising use or structure which is being
1578     removed or displaced to accommodate the widening, construction, or reconstruction of an
1579     interstate, federal aid primary highway existing as of June 1, 1991, or national highway system
1580     highway; and
1581          (B) it is located in a commercial or industrial zoned area inside an urbanized county or
1582     an incorporated municipality.
1583          (d) The location of signs situated on nonlimited access primary highways in
1584     commercial, industrial, or H-1 zoned areas between streets, roads, or highways entering the
1585     primary highway shall not exceed the following minimum spacing criteria:
1586          (i) Where the distance between centerlines of intersecting streets, roads, or highways is
1587     less than 1,000 feet, a minimum spacing between structures of 150 feet may be permitted
1588     between the intersecting streets or highways.
1589          (ii) Where the distance between centerlines of intersecting streets, roads, or highways
1590     is 1,000 feet or more, minimum spacing between sign structures shall be 300 feet.
1591          (e) All outdoor advertising shall be erected and maintained within the outdoor
1592     advertising corridor.
1593          (4) Subsection (3)(c)(ii) may not be implemented until:
1594          (a) the Utah-Federal Agreement for carrying out national policy relative to control of
1595     outdoor advertising in areas adjacent to the national system of interstate and defense highways
1596     and the federal-aid primary system is modified to allow the sign placement specified in
1597     Subsection (3)(c)(ii); and
1598          (b) the modified agreement under Subsection (4)(a) is signed on behalf of both the state
1599     and the United States Secretary of Transportation.
1600          Section 10. Effective date.
1601          This bill takes effect on Ŝ→ [January 20] June 1 ←Ŝ , 2022.