Transportation, Preconstruction, Right-of-Way Acquisition

Rule R933-2

Control of Outdoor Advertising Signs

Notice of Proposed Rule

(Amendment)

DAR File No.: 36608
Filed: 08/01/2012 04:12:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to clarify the Department of Transportation's authority to maintain "effective control" of outdoor advertising as required by the Federal Highway Beautification Act, by defining critical terms and making other stylistic and grammatical changes.

Summary of the rule or change:

This rule change defines the word "contiguous", defines the concept of a "unified commercial development", and specifies what constitutes completed roadway construction for purposes of issuing outdoor advertising permits. These changes will prevent the department from being pressured into making permitting decisions before the final highway configuration is determined, and clarify the legal distinction between what constitutes on-premise verses off-premise advertising. These changes will help the department maintain operational effectiveness of its outdoor advertising control program and help ensure compliance with the Federal Highway Beautification Act so that eligibility for federal funding is not jeopardized. The proposed changes also remove fee amounts that are included in the Utah Code, clarifies that permits are transferable, clarifies how and for what time period fees are collected, and makes other stylistic and grammatical changes.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Sections 72-7-501 through 72-7-516

Anticipated cost or savings to:

the state budget:

Failing to maintain "effective control" of outdoor advertising can trigger a ten percent reduction in total federal highway monies received by the state. This is currently estimated to be in the tens of millions of dollars. Additionally, litigation costs are unknown, but expected to be substantial in order to defend against applicants claiming inverse commendation for takings arising out of the department not issuing outdoor advertising permits in locations where highway design is considered incomplete. Enacting this rule change will help prevent these costs.

local governments:

There are no anticipated cost or savings to local government because the rule only applies to outdoor advertising regulated by the state.

small businesses:

There is no anticipated cost or savings to small businesses because the rule change only clarifies terms used in the rule to help the department comply with the Federal Highway Beautification Act except those associated with a possible delay in advertising revenue for persons seeking an outdoor advertising permit along a highway construction project until design of the project is completed and a permit can be issued.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the rule change only clarifies terms used in the rule to help the department comply with the Federal Highway Beautification Act.

Compliance costs for affected persons:

There are no anticipated costs for affected persons except those associated with a possible delay in advertising revenue for persons seeking an outdoor advertising permit along a highway construction project until design of the project is completed and a permit can be issued.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses except those associated with a possible delay in advertising revenue for businesses seeking an outdoor advertising permit along a highway construction project until design of the project is completed and a permit can be issued.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction, Right-of-Way Acquisition
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2012

Interested persons may attend a public hearing regarding this rule:

• 08/27/2012 01:00 PM, Calvin Rampton Complex, 4501 S 2700 W, First Floor, Salt Lake City, UT

This rule may become effective on:

09/21/2012

Authorized by:

John Njord, Executive Director

R933. Transportation, Preconstruction, Right-of-Way Acquisition.

R933-2. Control of Outdoor Advertising Signs.

R933-2-1. Purpose.

The purpose of this[these] rule[s] is to implement the Utah Outdoor Advertising Act Section s 72-7-501 through 72-7-516[et seq]. Nothing in [these]this rule[s] shall be construed to permit outdoor advertising that would disqualify the [S]state for [F]federal participation of funds under the applicable [F]federal standards or conflict with the Utah Outdoor Advertising Act[applicable]. The Transportation Commission and the Utah Department of Transportation shall, through designated personnel, control outdoor advertising on the current Interstate System and Federal Aid Primaries as of June 1, 1991[interstate and primary highway systems].

 

R933-2-3. Definitions.

All references in [these]this [R]rule[s] to Title 72, Chapter 7, Part 5, are to those sections of the Utah Code known as the Utah Outdoor Advertising Act. In addition to the definitions in that part, the following definitions are supplied:

(1) "Abandoned [S]sign" means any controlled sign[, the sign facing] of which the sign face has been partially obliterated, dilapidated, has unsafe conditions or [been painted out,] has remained blank [or has obsolete advertising matter] for a continuous period of 12 months or more.

(2) "Acceleration and deceleration lanes" means speed change lanes created for the purpose of enabling a vehicle to increase or decrease its speed to merge into, or out of, traffic on the main-traveled way. As used in the Act, an acceleration or deceleration lane begins and ends at a point no closer than 500 feet from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way. On-ramps and off-ramps are part of the interchange and shall not be considered an acceleration or deceleration lane under the Act or this[ese] rule[s].

(3) "Act" means the Utah Outdoor Advertising Act.

(4) "Advertising" means any message, whether in words, symbols, pictures or any combination thereof, painted or otherwise applied to the face of an outdoor advertising structure, [which]and the message is designed, intended, or used to advertise or inform, and the[which] message is visible from any place on the main travel-way of a controlled route[the interstate or primary highway system].

(5) "Areas zoned for the primary purpose of outdoor advertising" as used in the Act is defined to include areas in which the primary activity is outdoor advertising.

[ (6) "Commercial or industrial zone" as defined in of the Act is further defined to mean, with regard to those areas outside the boundaries of urbanized counties and outside the boundaries of cities and towns referred to in that subsection, those areas not within 8,420 feet of an interstate highway exit-ramp or entrance-ramp 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, including the land along both sides of a controlled highway for 600 feet immediately abutting the area of use, measurements under this subsection being made from the outer edge of regularly used buildings, parking lots, gate-houses, entrance gates, or storage or processing areas.

] [(7)](6) "Conforming [S]sign" means an off-premise sign maintained in a location that conforms to the size, lighting, spacing, zoning and usage requirements as provided by law and th is[ese] rule[s].

(7) "Contiguous" means a property that shares a common property line with another property.

(8) "Controlled route" means any interstate, primary system, federal aid primary highway existing as of June 1, 1991, the national highway system, and designated scenic byways meeting any of these classification criteria, where outdoor advertising control is mandated by the Utah-Federal Agreement R933-5-2, or other state law.

[(8)](9) "Controlled [S]sign" means any off-premise sign that is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main traveled way of a controlled route[any interstate or federal-aid primary highway in this State].

[(9)](10) "Destroyed [S]sign" means a sign damaged by natural elements wherein the costs of re-erection exceeds 30% of the depreciated value of the sign as established by departmental appraisal methods.

[(10)](11) "Feeder systems" are secondary roads that bring traffic to the main-traveled way.

[(11)](12) "Freeway" means a divided highway for through traffic with full control access.

[(12)](13) "Grandfather [S]status" refers to any off-premise controlled sign erected in zoned or unzoned commercial or industrial areas, prior to May 9, 1967, even if the sign does not comply with the size, lighting, or spacing of the Act and th is[ese] [R]rule[s]. Signs only, and not sign sites, may qualify for Grandfather Status.

[(13)](14) "H-1" means highway service zone as defined in the Act.

[(14)](15) "Lease or [C]consent" means any written agreement by which possession of land, or permission to use land for the purpose of erecting or maintaining a sign, or both, is granted by the owner to another person for a specified period of time.

[(15)](16) "Legal copy" means the advertising copy on the sign that occupies at least 50% of the sign size.

[(16)](17) "Nonconforming [S]sign" means a sign that was lawfully erected, but that does not conform to [S]state law or rules enacted[passed or made] at a later date or that later fails to comply with [S]state legislation or rules because of changed conditions. The term "illegally erected" or "illegally maintained" is not synonymous with the term, "nonconforming sign", nor is a sign with "grandfather" status synonymous with the term, "nonconforming sign."

[ (17) "Off-Premise Sign" means also, in supplement to the definition stated in the Act, an outdoor advertising sign that advertises an activity, service or product and that is located on premises other than the premises at which activity or service occurs or product is sold or manufactured.

(18) "On-Premise Sign", in supplement to the definition stated in the Act, does not include a sign that advertises a product or service that is only incidental to the principal activity or that brings rental income to the property owner or occupant.

] [(19)](18) ["Parkland"]"Public park" means any publicly owned land that is designed or used as a [public park,] recreation area, wildlife or waterfowl refuge, or historical site.

[(20)](19) "Point of the [G]gore" means the point of the area delineated by two solid white lines that is between a permanently constructed continuing lane of a through-roadway and a permanently constructed lane used to enter or exit the continuing lane, including similar areas between merging or splitting highways. The point of gore does not include solid white lines on one or more temporary lanes during a road construction project. The point of gore is not permanently constructed during the time when road construction occurs within the point of gore area.

[ (21) "Property" as used in the definition of "On-Premise Sign" includes those areas from which the general public is serviced and which are directly connected with and are involved in assembling, manufacturing, servicing, repairing, or storing of products used in the business activity. This property does not include the site of any auxiliary facilities that are not essential to and customarily used in the conduct of business, nor does it include property not contiguous to the property on which the sign is situated.

] [(22)](20) "Sale or [L]lease [S]sign" means any sign situated on the subject property that advertises that the property is for "sale" or "lease". This sign may not advertise any product or service unrelated to the business of selling or leasing the land upon which it is located, nor may it advertise a projected use of the land or a financing service available or being utilized in its development.

[(23)](21) "Scenic [A]area" as used in the Act includes a scenic byway.

(22) "Sign location" means the center most point of the primary support pole, beam, or column, where it is physically attached to the property. In cases other than single monopole construction, the sign location is determined as the center point between the two outermost support poles, beams, or columns where they are physically attached to the property.

[(24)](23) "Transient or [T]temporary [A]activity" means any industrial or commercial activity, not otherwise herein excluded, that does not have a prior continuous history for a period of six months.

(24) " Unified commercial development " means a multiple parcel commercial development that will be considered contiguous for purposes of on-premise advertising in accordance with the Outdoor Advertising Act if all of the following requirements are met.

a. There is a common development and ownership plan that includes common and/or limited common areas such as sidewalks, roadways, gardens, parking, storage and service areas, to which all constituent businesses have irrevocable shared ownership and use rights, and for which they have irrevocable shared obligations.

b. The unified commercial development operates through an underlying common association or other entity, actively managed and maintained, through which all owners have irrevocable rights and obligations with respect to the unified commercial development and its common areas or limited common areas.

c. The contiguity requirement is met because no part of the development is separated from the other parcel(s) by a state highway as defined in Section 72-7-502. All parts of the unified commercial development are on the same side of a state highway and are contiguous except for roadways or driveways that provide access to the development and these roadways are not state highways.

d. The common areas or limited common areas of the unified development have necessary and true value to the constituent businesses' regular operations. The common areas or limited common areas are not created solely for the purpose of establishing eligibility for on-premise advertising or other non-operational purposes.

e. A development that mainly involves reciprocal easements or use agreements among individual properties does not meet these requirements. Based upon the requirements above, the unified commercial development satisfies the contiguous criteria for on-premise advertising in the Outdoor Advertising Act. If the owners in a unified commercial development subdivide or change the use to one that does not meet these requirements, the advertising may not be considered on-premise advertising.

[ (25) "Un-zoned Area" in supplement to the definition stated in the Act, means an area in which no zoning is in effect. It does not include areas within comprehensive zoning or master plans adopted by local zoning authorities.

] [(26)](25) "V-Type [S]sign" means any sign, the center pole of which is nearest the traveled portion of the highway and is a common pole to the two sign faces, or when a common pole is not used, a sign with the sign faces no further than 36 inches apart at the angle of the sign closest to the traveled portion of the highway, and the structure poles at the point nearest the traveled portion of the highway no further apart than 48 inches. Existing V-type signs now controlled and permitted are excluded from this definition.

[(27)](26) "Visible" means capable of being seen whether or not readable, without visual aid, by a person of normal visual acuity.

(27) "Written notification" as described under Subsection 72-7-506(2)(a) is further defined to include email notification.

 

R933-2-4. Permits.

(1) All controlled outdoor advertising signs legally in existence prior to the effective date of the 1967 Act, or that are legally created thereafter, must have a permit. This includes off-premise signs located on the side of or on top of any fixed object or building and visible from the main traveled way of a controlled route[an interstate or federal-aid primary highway].

(2) All outdoor advertising-related fees shall be determined in accordance with Section 63J-1-504 and be contained within the department's legislatively approved fee schedule.

[(2)](3) Anyone preparing to erect a controlled sign shall apply for the permit before beginning construction of the sign. The applicant must submit a completed application as determined by the department. Until the application is considered complete by the department, the department cannot process the application. Except for sign relocations caused by department construction projects, an application is not considered complete until the point of gore can be determined as described in R933-2-3(19). However, if an application is submitted during construction occurring on a controlled route, the department will use the project design plans to determine the point of gore if the design plans are complete for that area. Permits shall be issued in the manner prescribed in the Act. Permits may be issued only for signs that are to be erected in commercial or industrial zones or in unzoned commercial or industrial areas, as defined by the Act. Insomuch as a sign cannot lawfully be constructed or maintained unless there is legal access to the property on which the sign is proposed to be located, a permit shall[may] not be issued if the applicant does not have legal access to the[that] property.

[(3)](4) Permits may be issued only for signs already lawfully erected or to be lawfully erected[ within 90 days from the date of the issuance of the permit]. New construction must commence within 180 days of permit issuance and must be completed within 365 days from permit issuance per Section 72-7-507(5)(c). The sign owner is responsible for the proper placement of the sign permit (plate) on the sign within 30 days after delivery by the department to the permit holder, or within 30 days of the installation date of the sign structure.[ Within 30 days from the date of issuance, the permit must be affixed to the completed sign for which the permit was issued as provided in Subsection R933-2-4(5).]

[(4)](5) A permit affixed to a sign other than the sign for which it was issued is unlawful, and remedial action shall be taken by the permittee by the proper affixing of the permit to the correct sign within 30 days of notice to the permittee.

[(5)](6) Permits shall be permanently attached to the sign in a position to be readily visible from the nearest highway in the direction of travel to the sign faces. If the sign is a single-face cross-highway reader, then the permit must be attached to the sign in a position readily visible from the nearest traveled portion of the highway. The permittee is responsible for the proper placement of the permit on the sign.

[(6)](7) If a sign permit is lost or destroyed, the sign owner must submit a new permit application and appropriate fee to the department to obtain a new permit[Sign permits that have been lost or destroyed must be replaced, and new permits for signs otherwise lawful shall be issued upon the payment of a $25 fee for each sign and the completion of a new permit application].

[(7)](8) Permits shall be valid for five years from the date of issuance, or until the department reaches its scheduled billing cycle every fifth year (whichever is shorter),[issued on a one year fiscal basis,] and must[shall] be renewed on or before the first day of July during designated billing cycle years[of each year].

[ (8) The fee for a new permit is $100 for the one-year fiscal period or any part thereof. The permit expires June 30 of the fiscal year. The fee for permit renewal is $25 for the one-year fiscal period or any part thereof. Notwithstanding the specification in Subsections R933-2-4(8),(12), and (13)(a) of a $100 fee for a sign permit, the fee for the sign permit for a non-profit public service sign shall be $25, and the fee for renewal of the permit for that non-profit public service sign shall be $10.

] (9) The fee for permits[ issued within a one-year fiscal period] shall not be prorated.

(10) [One-year p]Permit renewals shall be made on renewal forms prepared by the [D]department. Completion of the renewal application and obtaining[ of] the renewal permit prior to the expiration of the existing permit shall be the sole responsibility of the sign owner. The renewal may be applied for no sooner than 60 days prior to the first day of July[ 1] of the year in which the permit is to be renewed.

(11) Written proof of lease, easement, ownership, or consent from the property[site] owner to erect or maintain an outdoor advertising sign must be furnished by the applicant at the time of application for an original permit. [This p]Proof may consist of a[n] notarized affidavit showing the landowner's name and address, the sign owner's name, and the sign location by route, milepost, address, and county. On renewal of the permit the applicant must certify that the sign site is still under valid lease , easement, or consent to the applicant , or ownership of the applicant.

(12) When[If] a [one-year] permit on a conforming sign is not renewed on or before the first day of July [1] of the designated billing cycle year[ of its term], a new permit application shall be required for a new permit, along with the appropriate fee[ a fee of $100].

(13) A permit is [non] transferable in accordance with Section 72-7-507(7)[, and the permittee shall be liable for any violation of the law regarding the permitted sign]. No new permit may be issued for a sign for which a permit has already been issued, except as follows:

(a) Transfer of ownership of a permitted sign shall require the holder of the valid permit to release, in writing, any[his] rights to continue to maintain the[his] sign or use the[his] location for outdoor advertising. The new owner applicant shall then submit to the [Utah D]department [of Transportation] the written release and proof of having obtained sign ownership, and a valid lease , easement or consent for the remainder of the permit term. The appropriate[A $100] fee shall accompany the application and both application and fee must be submitted to the department[received] within 30 days of the ownership transfer.

(b) A conforming sign with an expired permit[that is unlawful and] forfeited by the permittee may be acquired and permitted, providing the new sign applicant submits the completed permit application and proof of ownership, possession of a valid land lease , easement, or consent to maintain a sign at the described location and providing the new application and the sign are otherwise lawful.

(14) A supplemental application fee [of $100] shall be charged to cover administrative and inspection costs for every sign that was erected without a sign permit[,] Form R-299, or altered without prior written approval of the department[,] on Form R-407. This supplemental fee is in addition to the regular[ $100] permit fee.

(15) Each application for a new permit must be accompanied by a valid and[the] approved building permit of the local governing authority , or a written statement from that authority indicating that building permit[s] [are]is not required under its ordinances for the proposed sign.

(16) Where local authority has issued a building permit for construction of a sign, but construction is contrary to the Utah Outdoor Advertising Act, the action of the local authority does not require the [S]state to issue a permit.

(17) Federal agencies, [S]state agencies, counties, cities and towns that use outdoor advertising signs along the interstate or a controlled route[primary highway systems] shall have a permit for each controlled sign as provided in the Act and this[these] rule[s].

 

R933-2-5. Sign Changes, Repairs, and Maintenance.

(1) Sign changes or repairs[, including those for signs in a commercial or industrial zone,] are subject to the following requirements:

(a) The face of a controlled sign may be removed for maintenance and renovation or change of advertising copy using basically the same face material. The shape and size of advertising space may not be changed except as provided in this[these] rule[s]. Replacement of the sign face must be accomplished within a 60 calendar day period from the date of its removal.

[ (b) A nonconforming sign with "Grandfather Status" may not be relocated, structurally altered, nor repositioned, including reversing the direction of the sign face.

] [(c)](b) [A conforming]As allowed by the Act a sign may be reshaped or modified as to height or size, or relocated upon proper written request[,] on Form R-407, provided the change is in compliance with the Act and this[these] rule[s]. Any change shall be completed within 60 calendar days from the date of the approval of the request. A n appropriate fee [of $100] shall accompany the R-407 application to change the sign, in addition to any applicable fee under Subsection R933-2-4(14).

[ (d) A conforming sign that is damaged by vandals, storms, wind, or acts of nature can be re-erected or changed, or both, upon proper written request and approval on Form R-407.

(e) A nonconforming sign that is damaged but not destroyed by vandals or acts of nature may be repaired to the same size or shape upon proper written application and approval. Normal maintenance may be included in the repair, but no structural changes affecting the sign's value may be allowed. The sign may be purchased by the State if agreement is reached by the State and the sign owner. The compensation to the sign owner shall be the depreciated value of the sign immediately before damage, less cost of re-erection or repair.

][(f)](c) Repairs and ordinary maintenance may be made on conforming and nonconforming signs so long as repairs do not alter the basic advertising space or illumination, or change the material of the sign structure.

[(g) Nonconforming signs destroyed by natural disaster are not eligible for compensation, unless at the time of destruction they have been appraised and committed for removal and the State has approved a purchase agreement.

] (2) [The following provisions govern maintenance:]Signs shall be properly maintained.

[(a) A legally permitted nonconforming sign may remain standing subject to the provisions of the Act and these rules so long as it is not changed, except for advertising copy, and is not purchased or condemned pursuant to law.

] [(b)](a) [Signs shall be properly maintained.] Improper maintenance includes[is considered]:

(i) [P]paint faded or peeling extensively;

(ii) [M]message not visible or illegible;

(iii) [S]sheets or panels loose or sagging;

(iv) [S]structural damage, [supports]or leaning; or

(v) [A]abandonement[d].

[(c)](b) A sign with any of the deficiencies listed in Subsection R933-2-5(2)[(b)](a) is not in a reasonable state of repair, is in violation of the law, and is subject to permit revocation and removal.

[(d)](c) The crossing of a right-of-way line of any [S]state highway at other than an established access approach to erect or maintain a sign without the written permission of the d[D]epartment, is unlawful.

 

[R933-2-6. Commercial and Industrial Usage: Limitations in Zoned or Unzoned Areas.

(1) Controlled signs in zoned or unzoned industrial or commercial areas are subject to the following zoning and usage requirements:

(a) Commercial or industrial usage must be visible from a traveled portion of the highway and must be situated within 600 feet of the sign site, measured from the outer edge of the regularly used buildings, parking lot, storage or processing area of the activity.

(b) The sign site must be zoned commercial or industrial or be in an unzoned commercial or industrial area.

(2) Airport runways or parking or aircraft tie down areas are not zoned or unzoned commercial or industrial areas.

(3) Mining operations and related activities, including gravel pits are not zoned or unzoned commercial or industrial areas unless they are:

(a) Where the final and concentrated processing of mined or extracted minerals is effected; or

(b) Where the mined material which has been processed is regularly stored or held for sale or shipment.

(4) Farming or ranching areas or related dairy farm facilities, of whatever nature, are not zoned or unzoned commercial or industrial areas.

(5) Municipal or private golf courses or cemeteries are not zoned or unzoned commercial or industrial areas.

(6) A trailer or mobile home park, court, or facility does not qualify under Subsection 72-7-504(1)(d) or (e) regardless of the local zoning. An RV Park does not qualify under either of those subsections unless at least 3/4 of the total available trailer parking spaces are not occupied or reserved for rental on a month-to-month basis.

(7) Where an occupied residence is located along the highway right of way within 600 feet of a commercial or industrial activity, no controlled sign may be erected closer than 100 feet of the residence unless the owner of the residence expressly waives in writing the foregoing restriction. The waiver must be submitted with the permit application prior to the erection of a new sign.

(8) Where the width of the right of way in a commercial or industrial area is more than 300 feet, and there is commercial activity on only one side of the highway, that activity does not qualify the opposite side of the highway as commercial or industrial usage for the purpose of erecting new outdoor advertising signs.

 

]R933-2-[7]6. Spacing For Permitted Signs.

[ (1) Spacing of permitted signs shall be as follows:

(a) Signs in unincorporated areas may not be spaced less than 500 feet apart on the interstate and federal-aid primary system, as measured parallel to the highway right of way. Any sign allowed to be erected in a highway service zone H-1 may not be less than 500 feet from an existing controlled sign adjacent to an interstate highway or primary highway except that signs may be erected less than 500 feet from each other if the sign faces on the same side of the interstate highway or limited access primary highway are not simultaneously visible.

(b) No sign may be erected more than 100 feet on the perpendicular from the edge of the right of way of an interstate or primary highway except where a non-controlled highway or railroad right of way runs contiguous and adjacent to the edge of the controlled highway. The 100-foot corridor shall then be measured from a point on the perpendicular not to exceed 200 feet from the edge of the right of way of the interstate or primary highway. In no case may the outer edge of the corridor exceed 350 feet from the controlled right of way.

] [(c)](1) Any sign located within the controlled area of both the interstate system and a controlled route[primary system] must meet the spacing requirements of both highway systems.

[(d)](2) If a sign message may be read from two or more routes, one or more of which is a controlled route, the more stringent of applicable control requirements applies.

[(2)](3) Height Above Highway[:]. No new structure, including the sign face, may exceed the height limitations as specified under Sections 72-7-505(2) and 72-7-510.5[be more than 50 feet in height above the elevation of the edge of the traveled surface of the highway]. Where local zoning requirements or ordinances are in effect, the stricter of any applicable zoning requirements or ordinances apply.

 

R933-2-[8]7. Removal of Illegal Signs.

(1) Removal Costs[:]. The cost for the removal by [the Utah D]department [of Transportation] of an illegal or abandoned sign shall be assessed jointly and severally against the sign owner, landowner, occupant of the land or other responsible person, or any combination thereof, in accordance with Section 72-7-508.

(2) Storage Charges[:]. Illegal or abandoned signs that have been removed by the d[D]epartment after proper notice to the sign and site owner or occupant of the land shall be stored at the nearest department shed. An appropriate fee shall be charged for storage[There shall be a charge of $25 per month levied as the storage charges]. The storage charges shall be in addition to the costs of the removal of the illegal or abandoned sign.

(3) Redemption and Disposal[:]. If the illegal or abandoned sign has not been claimed and redeemed within 30 calendar days from the date of removal, notice to the sign owner, property[site] owner, and occupant of the land shall be given. If the sign is not redeemed within 30 calendar days thereafter, a designated [D]department official in the area in which the sign is stored shall proceed to dispose of the stored illegal or abandoned sign by either utilizing the material contained therein for department[Utah Department of Transportation maintenance] purposes or destroying the sign. A statement of the sign disposal shall be made and filed with a designated person at the [D]department.

 

R933-2-[9]8. Termination of Non-Conforming Use Status.

(1) The non-conforming use status of a controlled sign shall terminate under the following conditions:

(a) [F]failure of the sign owner to apply for a renewal permit on or before the date on which the permit expires;

[ (b) Structural alteration or change of the sign as to height, size, location or direction of sign face not constituting ordinary maintenance or a change of advertising matter;

(c) Destruction by storm, wind, act of nature, fire or vandalism;

] [(d)](b) [A]abandonment;

[(e)](c) [F]failure to correct after receiving proper notice pursuant to Section 72-7-508, or failure to ask for a hearing after receiving proper notice pursuant to Section 72-7-508, or failure to file a written response as required by law, or failure to appeal from an adverse decision of the [D]department, or exhaustion of all legal remedies under Section 72-7-508 ;[.]

[(f)](d) [P]purchase by the [D]department under Section 72-7-510 ;[.] or

[(g)](e) [A]acquisition at any time by the [D]department for highway construction.

 

[R933-2-10. Conforming Sign Becoming Nonconforming -- Removal.

(1) Any legal conforming sign that becomes nonconforming after May 9, 1967, by reason of law or route classification, may not be required to be removed under the Utah Advertising Act until after the end of the fifth year after it had become nonconforming, except as otherwise provided for by law or contract.

 

]R933-2-[11]9. On-Premise Signs -- Illegal Status - Removal.

An on-premise sign loses its on-premise status when the business or activity it advertises has ceased to exist for a period of [at least] 12 months at the site of the sign, [the sign is located within 1,000 feet of a controlled highway,] and the message thereon is visible to the traveling public from that controlled route[highway]. [This sign]The advertising copy on signs meeting this criteria may be removed at the expense of the sign owner or land owner or both without compensation to the sign or site owner as provided in Section 72-7-508 of the Act.

 

R933-2-[12]10. Directional Signs.

(1) Directional signs shall conform to federal standards concerning the lighting, size, number, and spacing of the signs. There are no zoning or usage requirements for directional signs.

(2) The following standards apply only to directional signs that are erected and maintained adjacent to the interstate and federal-aid primary highway system, and that are visible from the main traveled way.

(a) A directional sign allowed under Section[s 72-7-502 and] 72-7-504 is subject to the following restrictions[:].

(i) No sign may exceed the following limits where all dimensions include border and trim, but exclude supports:

(A) [M]maximum area - 150 square feet;

(B) [M]maximum height - 20 feet; and

(C) [M]maximum length - 20 feet.

(ii) A sign may be illuminated, subject to the following:

(A) [S]signs that are not effectively shielded so as to prevent light from being directed at any portion of the traveled way of an interstate or a controlled route[ primary highway], or that cause glare or impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle, are prohibited[.]; and

(B) [N]no sign may be so illuminated as to obscure or interfere with the effectiveness of an official traffic sign, device, or signal.

(iii) Each location of a directional sign must be approved by the [D]department and is subject to the following restrictions:

(A) [N]no directional sign may be located within 2,000 feet of an interchange or intersection at grade within the interstate system or other freeways or controlled routes[ the primary system], measured from the nearest point of pavement widening at the exit from or entrance to the main traveled way[.];

(B) [N]no directional sign may be located within 2,000 feet of a rest area, parkland, or scenic areas[.];

(C) [D]directional signs facing the same direction of travel shall be spaced no less than one mile apart[.];

(D) [N]no more than one directional sign per activity facing the same direction of travel may be erected along a single route approaching the activity[.]; and

(E) [S]signs adjacent to the interstate or a controlled route [primary system] shall be located within 15 air miles of the activity they advertise.

(iv) Any area of historical interest shall be approved by the Utah Historical Society before consideration for approval as an area for a directional sign.

(b) The following directional signs are prohibited:

(i) [S]signs advertising activities that are illegal under [F]federal or [S]state law in effect at the location of those signs or activities;

(ii) [S]signs positioned in any manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or to obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic;

(iii) [S]signs erected or maintained upon trees or painted or drawn upon rocks, or other natural features;

(iv) Obsolete signs;

(v) [S]signs that are structurally unsafe or in disrepair;

(vi) [S]signs that contain or are illuminated by any flashing or moving light or animated by moving parts; and

(vii) [S]signs located in rest areas, parklands, or scenic areas.

(3) Any directional sign erected or maintained under the Act and this[these] rule[s] may at any time be removed for cause upon order of the [D]department after notice and hearing, if requested and timely pursued, under Section 72-7-508.

 

R933-2-[13]11. Official Signs.

(1) Prerequisites for erection and maintenance[:].

(a) Prior to erection of an official sign the public agency shall submit to the d[D]epartment in the [R]region where the sign is to be located, a completed permit application form R-299 along with:

(i) Content[Facsimile] of the sign message to be erected;

(ii) [S]statement of the official duty or responsibility being performed; and

(iii) [Certified] copy of the statute, resolution, or ordinance from the public body showing official action authorizing erection and maintenance of the sign.

(b) The sign must be erected off the highway right-of-way, owned and maintained by the public agency, and located within the zoning jurisdiction of the public agency.

([c]2) Standards, Criteria and Restrictions[:].

([i]a) Only information of general interest to the traveling public may be placed on an official sign. Commercial advertising of a particular service, product or facility is prohibited.

([ii]b) The sign must be within the zoning jurisdiction of the city, town, or other public agency designated by the sign.

([iii]c) No city, town or other subdivision of the [S]state may erect or maintain more than one sign at each approach to the off-ramp, facing oncoming traffic at the nearest point of turn off to a city, town or other subdivision and in no event may more than two official signs, one for each direction of travel upon the controlled highway, be erected and maintained by or for the purpose of designating a city or town or other subdivision.

([iv]d) No official sign may be located within 2,000 feet of an interchange or intersection at grade along the interstate [or primary] highway system, measured from the nearest point of pavement widening at the exit from the main traveled way.

([v]e) No official sign may be so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal.

([vi]f) Signs that are not effectively shielded so as to prevent light from being directed at any portion of the traveled way of an interstate or other controlled route[primary highway], or that cause glare or impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

[(vii) No sign may be located within 500 feet of a rest area, parkland, cemetery, or scenic area or other official sign.

(viii) No sign may be erected at a site prohibited under local zoning. The stricter commercial and industrial zoning and usage requirements applicable to controlled outdoor advertising signs do not apply to official signs, though all other relevant rules apply.

(ix) No sign message may be altered without prior written approval by the department.

]([x]g) Any official sign erected or maintained under the Act and this[ese] [R]rule[s] may at any time be removed for cause and without compensation after notice and hearing, if required. The owner of any official sign shall remove the sign at its own cost and expense.

 

R933-2-[14]12. Department Hearings.

Any hearing regarding the legality of a sign shall be held in [the region where the sign is located, and shall be held in] accordance with the Act, and in accordance with the Utah Administrative Procedures Act and Rule R907-1 unless specifically stated otherwise in a governing statute.

 

KEY: signs

Date of Enactment or Last Substantive Amendment: [March 31, 2006]2012

Notice of Continuation: November 14, 2011

Authorizing, and Implemented or Interpreted Law: Title 72, Chapter 7, Part 5; 72-1-201