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 a nonconforming sign as defined in Section, a noncomplying structure as defined in Sectionsand, or a nonconforming use as defined in Sectionsandis obstructed due to a noise abatement or safety measure, grade change, construction, directional sign, highway widening, or aesthetic improvement made by an agency of this state, along an interstate, federal aid primary highway existing as of June 1, 1991, national highway systems highway, or state highway or by an improvement created on real property subsequent to the department's disposal of the property under Section, the owner of the sign may: 72-7-510 10-20-102 17-79-102 10-20-102 17-79-102 72-5-111 adjust the height of the sign; if the sign is located along an interstate, federal aid primary highway existing as of June 1, 1991, or national highway systems highway, relocate the sign to either side of the same highway, within the same municipality or unincorporated county, if the sign complies with the spacing requirements under Sectionand is in a commercial or industrial zone; 72-7-505 if the sign is located along a state highway, relocate the sign to either side of the same highway, within the same municipality or unincorporated county, to a point within one mile of the sign's prior location, if the sign complies with the spacing requirements under Sectionand is located in a commercial or industrial zone; or 72-7-505 relocate the sign to a location that is mutually agreed upon by the owner and: the same municipality or unincorporated county in which the obstructed sign is located; or any other municipality or unincorporated county.
(2) A height adjusted sign under this section does not constitute a substantial change to the sign.
(3) The county or municipality in which the obstructed sign is located or is to be relocated shall, if necessary, provide for the height adjustment or relocation by ordinance for a special exception to its zoning ordinance.
(4) The height adjusted sign: may be erected: to a height to make the entire advertising content of the sign clearly visible; and to an angle to make the entire advertising content of the sign clearly visible; and shall be the same size as the previous sign. The provisions of Subsectionare an exception to the height requirements under Section. (4)(a) 72-7-505