Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 361 Second Substitute (2018GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions related to a municipality or a county's acquisition of a billboard and associated rights through eminent domain;
• permits a municipality or county to require a billboard owner to remove a billboard under certain conditions; and
• makes technical changes.

Every vote on this bill

Bill text

BILLBOARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill amends provisions related to billboards in municipalities and counties.
Highlighted Provisions:
This bill:
▸ amends provisions related to a municipality or a county's acquisition of a billboard
and associated rights through eminent domain;
▸ permits a municipality or county to require a billboard owner to remove a billboard
under certain conditions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-511
, as last amended by Laws of Utah 2015, Chapter 205
10-9a-512
, as renumbered and amended by Laws of Utah 2005, Chapter 254
10-9a-513
, as last amended by Laws of Utah 2009, Chapters 170 and 233
17-27a-510
, as last amended by Laws of Utah 2009, Chapter 170
17-27a-511
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-512
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-511
 is amended to read:
10-9a-511.
Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or noncomplying
structure may be continued by the present or a future property owner.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a
building is not a structural alteration.
(2) The legislative body may provide for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the land use
ordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a
formula establishing a reasonable time period during which the owner can recover or amortize
the amount of his investment in the nonconforming use, if any; and
(c) the termination of a nonconforming use due to its abandonment.
(3) (a) A municipality may not prohibit the reconstruction or restoration of a
noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
destroyed in whole or in part due to fire or other calamity unless the structure or use has been
abandoned.
(b) A municipality may prohibit the reconstruction or restoration of a noncomplying
structure or terminate the nonconforming use of a structure if:
(i) the structure is allowed to deteriorate to a condition that the structure is rendered
uninhabitable and is not repaired or restored within six months after 
the day on which
 written
notice 
is served
 to the property owner that the structure is uninhabitable and that the
noncomplying structure or nonconforming use will be lost if the structure is not repaired or
restored within six months; or
(ii) the property owner has voluntarily demolished a majority of the noncomplying
structure or the building that houses the nonconforming use.
(c) (i) Notwithstanding a prohibition in [
its
] 
the municipality's
 zoning ordinance, a
municipality may permit a billboard owner to relocate the billboard within the municipality's
boundaries to a location that is mutually acceptable to the municipality and the billboard
owner.
(ii) If the municipality and billboard owner cannot agree to a mutually acceptable
location within [
] 
 days after 
the day on which
 the owner submits a written request to
relocate the billboard, [
the provisions of Subsection 
10-9a-513
(2)(a)(iv) apply
] 
the billboard
owner may relocate the billboard in accordance with Subsection 
10-9a-513
(2)
.
(4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
legal existence for nonconforming uses, the property owner shall have the burden of
establishing the legal existence of a noncomplying structure or nonconforming use.
(b) Any party claiming that a nonconforming use has been abandoned shall have the
burden of establishing the abandonment.
(c) Abandonment may be presumed to have occurred if:
(i) a majority of the primary structure associated with the nonconforming use has been
voluntarily demolished without prior written agreement with the municipality regarding an
extension of the nonconforming use;
(ii) the use has been discontinued for a minimum of one year; or
(iii) the primary structure associated with the nonconforming use remains vacant for a
period of one year.
(d) The property owner may rebut the presumption of abandonment under Subsection
(4)(c), and [
shall have
] 
has
 the burden of establishing that any claimed abandonment under
Subsection (4)(b) has not [
in fact
] occurred.
(5) A municipality may terminate the nonconforming status of a school district or
charter school use or structure when the property associated with the school district or charter
school use or structure ceases to be used for school district or charter school purposes for a
period established by ordinance.
Section 2. Section 
10-9a-512
 is amended to read:
10-9a-512.
Termination of a billboard and associated rights.
(1) A municipality may only require termination of a billboard and associated
[
property
] rights through:
(a) gift;
(b) purchase;
(c) agreement;
(d) exchange; or
(e) eminent domain.
(2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
of the billboard owner.
(3) A termination under Subsection (1)(e) requires the municipality to:
(a) acquire the billboard and associated rights through eminent domain, in accordance
with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
10-9a-513
(2)(f) and (h); and
(b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
associated rights.
Section 3. Section 
10-9a-513
 is amended to read:
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 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
a vehicle 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 the
height 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 the
previous use or structure; or
(II) if the height of the previous use or structure is less than 45 feet, the height of the
previous use or structure or the height to make the entire advertising content of the billboard
clearly 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, the
height of the previous use or structure; or
(II) if the height of the previous use or structure is less than the interstate height, the
height of the previous use or structure or the height to make the entire advertising content of
the billboard 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
highway that 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
street or 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 lanes
of 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
or highway 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 billboard
structure by eminent domain if the municipality prevents a billboard owner from:
]
(2) (a) If a billboard owner makes a written request to the municipality with
jurisdiction over the billboard to take an action described in Subsection (2)(b), the billboard
owner may take the requested action, without further municipal land use approval, 180 days
after the day on which the billboard owner makes the written request, unless within the 180-day
period the municipality:
(i) in an attempt to acquire the billboard and associated rights through eminent domain
under Section 
10-9a-512
 for the purpose of terminating the billboard and associated rights:
(A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
Eminent Domain, before the filing of an eminent domain action; and
(B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
Eminent Domain;
(ii) denies the request in accordance with Subsection (2)(d); or
(iii) requires the billboard owner to remove the billboard in accordance with
Subsection (3).
(b) Subject to Subsection (2)(a), a billboard owner may:
(i) [
rebuilding, maintaining, repairing, or restoring
] 
rebuild, maintain, repair, or restore
a billboard structure that is damaged by casualty, an act of God, or vandalism;
(ii) [
except as provided in Subsection (2)(c), relocating or rebuilding
] 
relocate or
rebuild
 a billboard structure, or [
taking other measures
] 
take another measure
, to correct a
mistake in the placement or erection of a billboard for which the municipality [
has
] issued a
permit, if the proposed relocation, rebuilding, or other measure is consistent with the intent of
that permit;
(iii) structurally [
modifying or upgrading
] 
modify or upgrade
 a billboard;
(iv) [
relocating
] 
relocate
 a billboard into any commercial, industrial, or manufacturing
zone within the municipality's boundaries, if[
: (A)
] the relocated billboard is:
[
(I)
] 
(A)
 within 5,280 feet of [
its
] 
the billboard's
 previous location; and
[
(II)
] 
(B)
 no closer than[
: (Aa)
] 300 feet from an off-premise sign existing on the same
side of the street or highway[
;
]
,
 or [
(Bb)
] if the street or highway is an interstate or limited
access highway that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the
distance allowed under that act between the relocated billboard and an off-premise sign
existing on the same side of the interstate or limited access highway; [
and
] 
or
[
(B) (I) the billboard owner has submitted a written request under Subsection
10-9a-511
(3)(c); and
]
[
(II) the municipality and billboard owner are unable to agree, within the time provided
in Subsection 
10-9a-511
(3)(c), to a mutually acceptable location; or
]
(v) [
making
] 
make one or more of
 the following modifications, as the billboard owner
determines, to a billboard that is structurally [
modified or upgraded under Subsection (2)(a)(iii)
or relocated under Subsection (2)(a)(iv)
] 
 altered by modification or upgrade under Subsection
(2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
alterations
:
(A) [
erecting
] 
erect
 the billboard:
(I) to the highest allowable height; and
(II) as the owner determines, to an angle that makes the entire advertising content of
the billboard clearly visible; [
and
] 
or
(B) [
installing
] 
install
 a sign face on the billboard that is at least the same size as, but
no larger than, the sign face on the billboard before [
its
] 
the billboard's
 relocation.
[
(b)
] 
(c)
 A modification under Subsection (2)[
(a)
]
(b)
(v) shall comply with Title 72,
Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
[
(c)
] 
(d)
 A [
municipality's denial of
] 
municipality may deny
 a billboard owner's request
to relocate or rebuild a billboard structure, or to take other measures, in order to correct a
mistake in the placement or erection of a billboard [
does not constitute the initiation of
acquisition by eminent domain under Subsection (2)(a)
] 
without acquiring the billboard and
associated rights through eminent domain under Section 
10-9a-512
,
 if the mistake in placement
or erection of the billboard is determined by clear and convincing evidence
, in a proceeding
that protects the billboard owner's due process rights,
 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
structure by eminent domain under Subsection (2)(a) or any other provision of applicable law,
the municipality
]
(e) A municipality that acquires a billboard and associated rights through eminent
domain under Section 
10-9a-512
 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
actual annual 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 the
billboard owner's interest is a part.
(f) If a municipality commences an eminent domain action under Subsection (2)(a)(i):
(i) the provisions of Section 
78B-6-510
 do not apply; and
(ii) the municipality may not take possession of the billboard or the billboard's
associated rights until:
(A) completion of all appeals of a judgment allowing the municipality to acquire the
billboard and associated rights; and
(B) the billboard owner receives payment of just compensation, described in
Subsection (2)(e).
(g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
billboard owner may proceed, without further municipal land use approval, to take an action
requested under Subsection (2)(a), if the municipality's eminent domain action commenced
under Subsection (2)(a)(i) is dismissed without an order allowing the municipality to acquire
the billboard and associated rights.
(h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
time before the municipality takes possession of the billboard or the billboard's associated
rights in accordance with Subsection (2)(f)(ii).
(ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
the court shall dismiss the municipality's eminent domain action to acquire the billboard or
associated rights.
(3) Notwithstanding [
Subsection (2) and
] Section 
10-9a-512
, a municipality may
[
remove a billboard without providing compensation if
] 
require the owner of a billboard to
remove the billboard without acquiring the billboard and associated rights through eminent
domain if
:
(a) the municipality determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection
of the 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 
billboard
 owner in writing that the 
billboard
 owner's
billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
(c) the 
billboard
 owner fails to remedy the condition or conditions within:
(i) [
except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
receipt of
] 
days after the day on which the billboard owner receives
 written notice under
Subsection (3)(b); or
(ii) if the condition forming the basis of the municipality's intention to remove the
billboard is that it is structurally unsafe, 10 business days, or a longer period if necessary
because of a natural disaster, [
following the
] 
after the day on which the
 billboard [
owner's
receipt of
] 
owner receives
 written notice under Subsection (3)(b); and
(d) following the expiration of the applicable period under Subsection (3)(c) and after
providing the 
billboard
 owner with reasonable notice of proceedings and an opportunity for a
hearing, the municipality finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made
a false or misleading statement in the application regarding the placement or erection of the
billboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an
unreasonable state 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
by anyone other than [
its
] 
the billboard's
 owner
,
 or the 
billboard's
 owner acting through [
its
contractors.
] 
a contractor, within 500 feet of the nonconforming location.
(5) A permit [
issued, extended, or renewed by a municipality
] 
that a municipality
issues, extends, or renews
 for a billboard remains valid [
from the time
] 
beginning on the day on
which
 the municipality issues, extends, or renews the permit [
until
] 
and ending
days after
the day on which
 a required 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 day on which
 the
municipality issues, extends, or renews a permit for the billboard.
Section 4. Section 
17-27a-510
 is amended to read:
17-27a-510.
Nonconforming uses and noncomplying structures.
(1) (a) Except as provided in this section, a nonconforming use or a noncomplying
structure may be continued by the present or a future property owner.
(b) A nonconforming use may be extended through the same building, provided no
structural alteration of the building is proposed or made for the purpose of the extension.
(c) For purposes of this Subsection (1), the addition of a solar energy device to a
building is not a structural alteration.
(2) The legislative body may provide for:
(a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
substitution of nonconforming uses upon the terms and conditions set forth in the land use
ordinance;
(b) the termination of all nonconforming uses, except billboards, by providing a
formula establishing a reasonable time period during which the owner can recover or amortize
the amount of his investment in the nonconforming use, if any; and
(c) the termination of a nonconforming use due to its abandonment.
(3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
whole or in part due to fire or other calamity unless the structure or use has been abandoned.
(b) A county may prohibit the reconstruction or restoration of a noncomplying structure
or terminate the nonconforming use of a structure if:
(i) the structure is allowed to deteriorate to a condition that the structure is rendered
uninhabitable and is not repaired or restored within six months after 
the day on which
 written
notice 
is served
 to the property owner that the structure is uninhabitable and that the
noncomplying structure or nonconforming use will be lost if the structure is not repaired or
restored within six months; or
(ii) the property owner has voluntarily demolished a majority of the noncomplying
structure or the building that houses the nonconforming use.
(c) (i) Notwithstanding a prohibition in [
its
] 
the county's
 zoning ordinance, a county
may permit a billboard owner to relocate the billboard within the county's unincorporated area
to a location that is mutually acceptable to the county and the billboard owner.
(ii) If the county and billboard owner cannot agree to a mutually acceptable location
within [
] 
 days after 
the day on which
 the owner submits a written request to relocate the
billboard, [
the provisions of Subsection 
17-27a-512
(2)(a)(iv) apply
] 
the billboard owner may
relocate the billboard in accordance with Subsection 
17-27a-512
(2)
.
(4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
existence for nonconforming uses, the property owner shall have the burden of establishing the
legal existence of a noncomplying structure or nonconforming use.
(b) Any party claiming that a nonconforming use has been abandoned shall have the
burden of establishing the abandonment.
(c) Abandonment may be presumed to have occurred if:
(i) a majority of the primary structure associated with the nonconforming use has been
voluntarily demolished without prior written agreement with the county regarding an extension
of the nonconforming use;
(ii) the use has been discontinued for a minimum of one year; or
(iii) the primary structure associated with the nonconforming use remains vacant for a
period of one year.
(d) The property owner may rebut the presumption of abandonment under Subsection
(4)(c), and [
shall have
] 
has
 the burden of establishing that any claimed abandonment under
Subsection (4)(c) has not [
in fact
] occurred.
(5) A county may terminate the nonconforming status of a school district or charter
school use or structure when the property associated with the school district or charter school
use or structure ceases to be used for school district or charter school purposes for a period
established by ordinance.
Section 5. Section 
17-27a-511
 is amended to read:
17-27a-511.
 Termination of a billboard and associated rights.
(1) A county may only require termination of a billboard and associated [
property
]
rights through:
(a) gift;
(b) purchase;
(c) agreement;
(d) exchange; or
(e) eminent domain.
(2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent
of the billboard owner.
(3) A termination under Subsection (1)(e) requires the county to:
(a) acquire the billboard and associated rights through eminent domain, in accordance
with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections
17-27a-512
(2)(f) and (h); and
(b) after acquiring the rights under Subsection (3)(a), terminate the billboard and
associated rights.
Section 6. Section 
17-27a-512
 is amended to read:
17-27a-512.
County's acquisition of billboard by eminent domain -- Removal
without providing compensation -- Limit on allowing nonconforming billboard to be
rebuilt or replaced -- Validity of county 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
a vehicle traveling on a street or highway within the visibility area.
(b) "Highest allowable height" means:
(i) if the height allowed by the county, by ordinance or consent, is higher than the
height under Subsection (1)(b)(ii), the height allowed by the county; 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 the
previous use or structure; or
(II) if the height of the previous use or structure is less than 45 feet, the height of the
previous use or structure or the height to make the entire advertising content of the billboard
clearly 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, the
height of the previous use or structure; or
(II) if the height of the previous use or structure is less than the interstate height, the
height of the previous use or structure or the height to make the entire advertising content of
the billboard 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
highway that 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
street or 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 lanes
of 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
or highway 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 county is considered to have initiated the acquisition of a billboard structure
by eminent domain if the county prevents a billboard owner from:
]
(2) (a) If a billboard owner makes a written request to the county with jurisdiction over
the billboard to take an action described in Subsection (2)(b), the billboard owner may take the
requested action, without further county land use approval, 180 days after the day on which the
billboard owner makes the written request, unless within the 180-day period the county:
(i) in an attempt to acquire the billboard and associated rights through eminent domain
under Section 
17-27a-511
 for the purpose of terminating the billboard and associated rights:
(A) completes the procedural steps required under Title 78B, Chapter 6, Part 5,
Eminent Domain, before the filing of an eminent domain action; and
(B) files an eminent domain action in accordance with Title 78B, Chapter 6, Part 5,
Eminent Domain;
(ii) denies the request in accordance with Subsection (2)(d); or
(iii) requires the billboard owner to remove the billboard in accordance with
Subsection (3).
(b) Subject to Subsection (2)(a), a billboard owner may:
(i) [
rebuilding, maintaining, repairing, or restoring
] 
rebuild, maintain, repair, or restore
a billboard structure that is damaged by casualty, an act of God, or vandalism;
(ii) [
except as provided in Subsection (2)(c), relocating or rebuilding
] 
relocate or
rebuild
 a billboard structure, or [
taking other measures
] 
take another measure
, to correct a
mistake in the placement or erection of a billboard for which the county [
has
] issued a permit,
if the proposed relocation, rebuilding, or other measure is consistent with the intent of that
permit;
(iii) structurally [
modifying or upgrading
] 
modify or upgrade
 a billboard;
(iv) [
relocating
] 
relocate
 a billboard into any commercial, industrial, or manufacturing
zone within the unincorporated area of the county, if[
: (A)
] the relocated billboard is:
[
(I)
] 
(A)
 within 5,280 feet of [
its
] 
the billboard's
 previous location; and
[
(II)
] 
(B)
 no closer than[
: (Aa)
] 300 feet from an off-premise sign existing on the same
side of the street or highway[
;
]
,
 or [
(Bb)
] if the street or highway is an interstate or limited
access highway that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act, the
distance allowed under that act between the relocated billboard and an off-premise sign
existing on the same side of the interstate or limited access highway; [
and
] 
or
[
(B) (I) the billboard owner has submitted a written request under Subsection
17-27a-510
(3)(c); and
]
[
(II) the county and billboard owner are unable to agree, within the time provided in
Subsection 
17-27a-510
(3)(c), to a mutually acceptable location; or
]
(v) [
making
] 
make one or more of
 the following modifications, as the billboard owner
determines, to a billboard that is structurally [
modified or upgraded under Subsection (2)(a)(iii)
or relocated under Subsection (2)(a)(iv)
] 
 altered by modification or upgrade under Subsection
(2)(b)(iii), by relocation under Subsection (2)(b)(iv), or by any combination of these
alterations
:
(A) [
erecting
] 
erect
 the billboard:
(I) to the highest allowable height; and
(II) as the owner determines, to an angle that makes the entire advertising content of
the billboard clearly visible; [
and
] 
or
(B) [
installing
] 
install
 a sign face on the billboard that is at least the same size as, but
no larger than, the sign face on the billboard before [
its
] 
the billboard's
 relocation.
[
(b)
] 
(c)
 A modification under Subsection (2)[
(a)
]
(b)
(v) shall comply with Title 72,
Chapter 7, Part 5, Utah Outdoor Advertising Act, to the extent applicable.
[
(c)
] 
(d)
 A [
county's denial of
] 
county may deny
 a billboard owner's request to relocate
or rebuild a billboard structure, or to take other measures, in order to correct a mistake in the
placement or erection of a billboard [
does not constitute the initiation of acquisition by eminent
domain under Subsection (2)(a)
] 
without acquiring the billboard and associated rights through
eminent domain under Section 
17-27a-511
,
 if the mistake in placement or erection of the
billboard is determined by clear and convincing evidence
, in a proceeding that protects the
billboard owner's due process rights,
 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 county is considered to have initiated the acquisition of a billboard structure by
eminent domain under Subsection (1)(a) or any other provision of applicable law, the county
]
(e) A county that acquires a billboard and associated rights through eminent domain
under Section 
17-27a-511
 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
actual annual 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 the
billboard owner's interest is a part.
(f) If a county commences an eminent domain action under Subsection (2)(a)(i):
(i) the provisions of Section 
78B-6-510
 do not apply; and
(ii) the county may not take possession of the billboard or the billboard's associated
rights until:
(A) completion of all appeals of a judgment allowing the county to acquire the
billboard and associated rights; and
(B) the billboard owner receives payment of just compensation, described in
Subsection (2)(e).
(g) Unless the eminent domain action is dismissed under Subsection (2)(h)(ii), a
billboard owner may proceed, without further county land use approval, to take an action
requested under Subsection (2)(a), if the county's eminent domain action commenced under
Subsection (2)(a)(i) is dismissed without an order allowing the county to acquire the billboard
and associated rights.
(h) (i) A billboard owner may withdraw a request made under Subsection (2)(a) at any
time before the county takes possession of the billboard or the billboard's associated rights in
accordance with Subsection (2)(f)(ii).
(ii) If a billboard owner withdraws a request in accordance with Subsection (2)(h)(i),
the court shall dismiss the county's eminent domain action to acquire the billboard or
associated rights.
(3) Notwithstanding [
Subsection (2) and
] Section 
17-27a-511
, a county may [
remove a
billboard without providing compensation if
] 
require an owner of a billboard to remove the
billboard without acquiring a billboard and associated rights through eminent domain if
:
(a) the county determines:
(i) by clear and convincing evidence that the applicant for a permit intentionally made a
false or misleading statement in the applicant's application regarding the placement or erection
of the 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 county notifies the 
billboard
 owner in writing that the 
billboard
 owner's
billboard meets one or more of the conditions listed in Subsections (3)(a)(i) and (ii);
(c) the 
billboard
 owner fails to remedy the condition or conditions within:
(i) [
except as provided in Subsection (3)(c)(ii), 90 days following the billboard owner's
receipt of
] 
days after the day on which the billboard owner receives
 written notice under
Subsection (3)(b); or
(ii) if the condition forming the basis of the county's intention to remove the billboard
is that it is structurally unsafe, 10 business days, or a longer period if necessary because of a
natural disaster, [
following the
] 
after the day on which the
 billboard [
owner's receipt of
] 
owner
receives
 written notice under Subsection (3)(b); and
(d) following the expiration of the applicable period under Subsection (3)(c) and after
providing the 
billboard
 owner with reasonable notice of proceedings and an opportunity for a
hearing, the county finds:
(i) by clear and convincing evidence, that the applicant for a permit intentionally made
a false or misleading statement in the application regarding the placement or erection of the
billboard; or
(ii) by substantial evidence that the billboard is structurally unsafe, is in an
unreasonable state of repair, or has been abandoned for at least 12 months.
(4) A county may not allow a nonconforming billboard to be rebuilt or replaced by
anyone other than [
its
] 
the billboard's
 owner
,
 or the 
billboard's
 owner acting through [
its
contractors.
] 
a contractor, within 500 feet of the nonconforming location.
(5) A permit [
issued, extended, or renewed by a county
] 
that a county issues, extends,
or renews
 for a billboard remains valid [
from the time
] 
beginning on the day on which
 the
county issues, extends, or renews the permit [
until
] 
and ending
days after 
the day on which
a required 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 day on which
 the
county issues, extends, or renews a permit for the billboard.