10-9a-513 - Municipality's acquisition of billboard by eminent domain -- Removal without providing compensation -- Limit on allowing nonconforming billboards to be rebuilt or replaced -- Validity
10-9a-513. Municipality's acquisition of billboard by eminent domain -- Removalwithout providing compensation -- Limit on allowing nonconforming billboards to berebuilt or replaced -- Validity of municipal permit after issuance of state permit.
(1) As used in this section:
(a) "Clearly visible" means capable of being read without obstruction by an occupant of avehicle traveling on a street or highway within the visibility area.
(b) "Highest allowable height" means:
(i) if the height allowed by the municipality, by ordinance or consent, is higher than theheight under Subsection (1)(b)(ii), the height allowed by the municipality; or
(ii) (A) for a noninterstate billboard:
(I) if the height of the previous use or structure is 45 feet or higher, the height of theprevious use or structure; or
(II) if the height of the previous use or structure is less than 45 feet, the height of theprevious use or structure or the height to make the entire advertising content of the billboardclearly visible, whichever is higher, but no higher than 45 feet; and
(B) for an interstate billboard:
(I) if the height of the previous use or structure is at or above the interstate height, theheight of the previous use or structure; or
(II) if the height of the previous use or structure is less than the interstate height, theheight of the previous use or structure or the height to make the entire advertising content of thebillboard clearly visible, whichever is higher, but no higher than the interstate height.
(c) "Interstate billboard" means a billboard that is intended to be viewed from a highwaythat is an interstate.
(d) "Interstate height" means a height that is the higher of:
(i) 65 feet above the ground; and
(ii) 25 feet above the grade of the interstate.
(e) "Noninterstate billboard" means a billboard that is intended to be viewed from a streetor highway that is not an interstate.
(f) "Visibility area" means the area on a street or highway that is:
(i) defined at one end by a line extending from the base of the billboard across all lanesof traffic of the street or highway in a plane that is perpendicular to the street or highway; and
(ii) defined on the other end by a line extending across all lanes of traffic of the street orhighway in a plane that is:
(A) perpendicular to the street or highway; and
(B) (I) for an interstate billboard, 500 feet from the base of the billboard; or
(II) for a noninterstate billboard, 300 feet from the base of the billboard.
(2) (a) A municipality is considered to have initiated the acquisition of a billboardstructure by eminent domain if the municipality prevents a billboard owner from:
(i) rebuilding, maintaining, repairing, or restoring a billboard structure that is damagedby casualty, an act of God, or vandalism;
(ii) except as provided in Subsection (2)(c), relocating or rebuilding a billboard structure,or taking other measures, to correct a mistake in the placement or erection of a billboard forwhich the municipality has issued a permit, if the proposed relocation, rebuilding, or othermeasure is consistent with the intent of that permit;
(iii) structurally modifying or upgrading a billboard;
(iv) relocating a billboard into any commercial, industrial, or manufacturing zone withinthe municipality's boundaries, if:
(A) the relocated billboard is:
(I) within 5,280 feet of its previous location; and
(II) no closer than:
(Aa) 300 feet from an off-premise sign existing on the same side of the street orhighway; or
(Bb) if the street or highway is an interstate or limited access highway that is subject toTitle 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the distance allowed under that actbetween the relocated billboard and an off-premise sign existing on the same side of the interstateor limited access highway; and
(B) (I) the billboard owner has submitted a written request under Subsection10-9a-511(3)(c); and
(II) the municipality and billboard owner are unable to agree, within the time provided inSubsection 10-9a-511(3)(c), to a mutually acceptable location; or
(v) making the following modifications, as the billboard owner determines, to a billboardthat is structurally modified or upgraded under Subsection (2)(a)(iii) or relocated underSubsection (2)(a)(iv):
(A) erecting the billboard:
(I) to the highest allowable height; and
(II) as the owner determines, to an angle that makes the entire advertising content of thebillboard clearly visible; and
(B) installing a sign face on the billboard that is at least the same size as, but no largerthan, the sign face on the billboard before its relocation.
(b) A modification under Subsection (2)(a)(v) shall comply with Title 72, Chapter 7, Part5, Utah Outdoor Advertising Act, to the extent applicable.
(c) A municipality's denial of a billboard owner's request to relocate or rebuild abillboard structure, or to take other measures, in order to correct a mistake in the placement orerection of a billboard does not constitute the initiation of acquisition by eminent domain underSubsection (2)(a) if the mistake in placement or erection of the billboard is determined by clearand convincing evidence to have resulted from an intentionally false or misleading statement:
(i) by the billboard applicant in the application; and
(ii) regarding the placement or erection of the billboard.
(d) If a municipality is considered to have initiated the acquisition of a billboard structureby eminent domain under Subsection (2)(a) or any other provision of applicable law, themunicipality shall pay just compensation to the billboard owner in an amount that is:
(i) the value of the existing billboard at a fair market capitalization rate, based on actualannual revenue, less any annual rent expense;
(ii) the value of any other right associated with the billboard structure that is acquired;
(iii) the cost of the sign structure; and
(iv) damage to the economic unit described in Subsection 72-7-510(3)(b), of which thebillboard owner's interest is a part.
(3) Notwithstanding Subsection (2) and Section 10-9a-512, a municipality may remove abillboard without providing compensation if:
(a) the municipality determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made afalse or misleading statement in the applicant's application regarding the placement or erection ofthe billboard; or
(ii) by substantial evidence that the billboard:
(A) is structurally unsafe;
(B) is in an unreasonable state of repair; or
(C) has been abandoned for at least 12 months;
(b) the municipality notifies the owner in writing that the owner's billboard meets one ormore of the conditions listed in Subsections (3)(a)(i) and (ii);
(c) the owner fails to remedy the condition or conditions within:
(i) except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner'sreceipt of written notice under Subsection (3)(b); or
(ii) if the condition forming the basis of the municipality's intention to remove thebillboard is that it is structurally unsafe, 10 business days, or a longer period if necessary becauseof a natural disaster, following the billboard owner's receipt of written notice under Subsection(3)(b); and
(d) following the expiration of the applicable period under Subsection (3)(c) and afterproviding the owner with reasonable notice of proceedings and an opportunity for a hearing, themunicipality finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made afalse or misleading statement in the application regarding the placement or erection of thebillboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an unreasonablestate of repair, or has been abandoned for at least 12 months.
(4) A municipality may not allow a nonconforming billboard to be rebuilt or replaced byanyone other than its owner or the owner acting through its contractors.
(5) A permit issued, extended, or renewed by a municipality for a billboard remains validfrom the time the municipality issues, extends, or renews the permit until 180 days after arequired state permit is issued for the billboard if:
(a) the billboard requires a state permit; and
(b) an application for the state permit is filed within 30 days after the municipality issues,extends, or renews a permit for the billboard.
Amended by Chapter 170, 2009 General Session
Amended by Chapter 233, 2009 General Session