Utah Code 72-7-516. Relocating outdoor advertising structure to maintain required distance from high voltage overhead lines
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(1) If an outdoor advertising structure needs to be moved away from a high voltage power line or lines so that the sign can be reposted or maintenance performed without having to comply with the distance or notification requirements of Section 54-8c-2 , or in order to comply with distance or notification requirements imposed by the National Electrical Safety Code, International Building Code, a regulation, standard, or directive of the Occupational Safety and Health Administration or any other similar applicable regulation, then the owner shall have the option to remodel the structure at the same location or relocate and remodel the structure to another location within the same jurisdiction:
Terms Used In Utah Code 72-7-516
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Main-traveled way: means the through traffic lanes, including auxiliary lanes, acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and ramps. See Utah Code 72-7-502
- Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God. See Utah Code 72-7-502
- 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
- Remodel: means the upgrading, changing, alteration, refurbishment, modification, or complete substitution of a new outdoor advertising structure for one permitted pursuant to this part and that is located in a commercial or industrial area. See Utah Code 72-7-502
(1)(a) on the same property;
(1)(b) on adjacent property;
(1)(c) within 2,640 feet of the previous location on either side of the same highway; or
(1)(d) mutually agreed upon by the owner and the county or municipality in which the structure is located.
(2) The relocation under Subsection (1) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part.
(3) The county or municipality in which the structure is located shall, if necessary, provide for the relocation or remodeling by ordinance for a special exception to its zoning ordinance.
(4) The relocated and remodeled structure may be:
(4)(a) erected to a height and angle to make it clearly visible to traffic on the main-traveled way of the highway to which it is relocated or remodeled;
(4)(b) the same size and at least the same height as the previous structure, but the relocated structure may not exceed the size and height permitted under this part; and
(4)(c) relocated to a location with a comparable traffic vehicular count.
(5) If a governmental entity prohibits the relocation and remodeling as provided in Subsection (1)(a) , (b) , or (c) , it shall pay just compensation as provided in Subsection 72-7-510(3) .