Terms Used In Utah Code 72-7-513
- 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
- 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
- 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
- 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
- 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
- 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
| (2) |
If any outdoor advertising use or structure may not be continued because of the widening, construction, or reconstruction along a state highway, the owner shall have the option to relocate and remodel the use or structure to another location:
| (a) |
on the same property; |
| (b) |
on adjacent property; |
| (c) |
within 2640 feet of the previous location on either side of the same highway; or |
| (d) |
mutually agreed upon by the owner and the county or municipality in which the use, structure, or permit is located. |
|
| (3) |
The relocation under Subsection (2) shall be in a commercial or industrial zoned area or where outdoor advertising is permitted under this part. |
| (4) |
The county or municipality in which the use or structure is located shall, if necessary, provide for the relocation and remodeling by ordinance for a special exception to its zoning ordinance. |
| (5) |
The relocated and remodeled use or structure may be:
| (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; |
| (b) |
the same size and at least the same height as the previous use or structure, but the relocated use or structure may not exceed the size and height permitted under this part; |
| (c) |
relocated to a comparable vehicular traffic count. |
|
| (6) |
| (a) |
The governmental entity, quasi-governmental entity, or public utility that causes the need for the outdoor advertising relocation or remodeling as provided in Subsection (2) shall pay the costs related to the relocation, remodeling, or acquisition. |
| (b) |
If a governmental entity prohibits the relocation and remodeling as provided in Subsection (2)(a), (b), or (c), it shall pay just compensation as provided in Subsection 72-7-510(3). |
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Amended by Chapter 72, 1999 General Session
