72-7-510.5 - Height adjustments for outdoor advertising signs.
72-7-510.5. Height adjustments for outdoor advertising signs.
(1) If the view and readability of an outdoor advertising sign, including a sign that is anonconforming sign as defined in Section 72-7-510, a noncomplying structure as defined inSections 10-9a-103 and 17-27a-103, or a nonconforming use as defined in Sections 10-9a-103and 17-27a-103 is obstructed due to a noise abatement or safety measure, grade change,construction, directional sign, highway widening, or aesthetic improvement made by an agencyof this state, along an interstate, federal aid primary highway existing as of June 1, 1991, nationalhighway systems highway, or state highway or by an improvement created on real propertysubsequent to the department's disposal of the property under Section 72-5-111, the owner of thesign may:
(a) adjust the height of the sign; or
(b) relocate the sign to a point within 500 feet of its prior location, if the sign complieswith the spacing requirements under Section 72-7-505 and is in a commercial or industrial zone.
(2) A height adjusted sign under this section does not constitute a substantial change tothe sign.
(3) The county or municipality in which the outdoor advertising sign is located shall, ifnecessary, provide for the height adjustment or relocation by ordinance for a special exception toits zoning ordinance.
(4) (a) The height adjusted sign:
(i) may be erected:
(A) to a height to make the entire advertising content of the sign clearly visible; and
(B) to an angle to make the entire advertising content of the sign clearly visible; and
(ii) shall be the same size as the previous sign.
(b) The provisions of Subsection (4)(a) are an exception to the height requirements underSection 72-7-505.
Amended by Chapter 170, 2009 General Session