Utah Code 72-7-510.5. Height adjustments for outdoor advertising signs
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(1) If the view and readability of an outdoor advertising sign, including a sign that is a nonconforming sign as defined in Section 72-7-510 , a noncomplying structure as defined in Sections 10-9a-103 and 17-27a-103 , or a nonconforming use as defined in Sections 10-9a-103 and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change, construction, directional sign, highway widening, or aesthetic improvement made by an agency of this state, along an interstate, federal aid primary highway existing as of June 1, 1991, national highway systems highway, or state highway or by an improvement created on real property subsequent to the department‘s disposal of the property under Section 72-5-111 , the owner of the sign may:
Terms Used In Utah Code 72-7-510.5
- Clearly visible: means capable of being read without obstruction by an occupant of a vehicle traveling on the main traveled way of a street or highway within the visibility area. See Utah Code 72-7-502
- Commercial or industrial zone: means only:(3)(a)(i) those areas within the boundaries of cities or towns that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;(3)(a)(ii) those areas within the boundaries of urbanized counties that are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under enabling state legislation or comprehensive local zoning ordinances or regulations;(3)(a)(iii) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns that:(3)(a)(iii)(A) are used or reserved for business, commerce, or trade, or zoned as a highway service zone, under comprehensive local zoning ordinances or regulations or enabling state legislation; and(3)(a)(iii)(B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way; or(3)(a)(iv) those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured from the nearest point of the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way that are reserved for business, commerce, or trade under enabling state legislation or comprehensive local zoning ordinances or regulations, and are actually used for commercial or industrial purposes. See Utah Code 72-7-502
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Federal aid primary highway: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under
Title 23 , Highways, U. See Utah Code 72-1-102- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Relocation: includes the removal of a sign from one situs together with the erection of a new sign upon another situs in a commercial or industrial zoned area as a substitute. See Utah Code 72-7-502
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State highway: means those highways designated as state highways in Title 72, Chapter 4, Designation of State Highways Act. See Utah Code 72-1-102
(1)(a) adjust the height of the sign; or(1)(b) relocate the sign to a point within 500 feet of its prior location, if the sign complies with the spacing requirements under Section72-7-505 and is in a commercial or industrial zone.
(2) A height adjusted sign under this section does not constitute a substantial change to the sign.
(3) The county or municipality in which the outdoor advertising sign is located shall, if necessary, provide for the height adjustment or relocation by ordinance for a special exception to its zoning ordinance.
(4)
(4)(a) The height adjusted sign:
(4)(a)(i) may be erected:
(4)(a)(i)(A) to a height to make the entire advertising content of the sign clearly visible; and
(4)(a)(i)(B) to an angle to make the entire advertising content of the sign clearly visible; and
(4)(a)(ii) shall be the same size as the previous sign.
(4)(b) The provisions of Subsection (4)(a) are an exception to the height requirements under Section 72-7-505 .