S 1035 Session 112 (1997-1998)
S 1035 General Bill, By Giese
Similar(H 4836)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
57-25-125 SO AS TO PROVIDE CERTAIN RESTRICTIONS UPON COMMERCIAL OR INDUSTRIAL
ACTIVITIES WITH REGARD TO OUTDOOR ADVERTISING; BY ADDING SECTION 57-25-215 SO
AS TO PROVIDE THAT CERTAIN SIGNS MUST BE CONSTRUCTED WITH STEEL OR STEEL
MONOPOLES; TO AMEND SECTION 57-25-120 RELATING TO THE DEFINITION OF CERTAIN
OUTDOOR ADVERTISING TERMS, SO AS TO PROVIDE THAT MOBILE HOMES AND TRAILERS ARE
NOT COMMERCIAL OR INDUSTRIAL ACTIVITIES; TO AMEND SECTION 57-25-140 RELATING
TO SIGNS PERMITTED ALONG CERTAIN HIGHWAYS, SO AS TO PROHIBIT THE ERECTION OF
SIGNS WITH VERTICAL STACK FACES OR DOUBLE-DECKED FACES; AND TO AMEND SECTION
57-25-190, AS AMENDED, RELATING TO COMPENSATION FOR REMOVAL OF SIGNS, SO AS TO
PROVIDE THAT A GOVERNMENTAL ENTITY SHALL NOT REMOVE A LEGALLY PLACED
OFF-PREMISES OUTDOOR ADVERTISING WITHOUT COMPENSATING THE OWNER, AND TO
PROVIDE THAT GOVERNMENTAL ENTITIES AND OWNERS OF OFF-PREMISES OUTDOOR
ADVERTISING ARE ENCOURAGED TO ENTER INTO RELOCATION AGREEMENTS IN LIEU AND
INSTEAD OF ENTERING INTO COMPENSATION AGREEMENTS.
02/17/98 Senate Introduced and read first time SJ-4
02/17/98 Senate Referred to Committee on Transportation SJ-4
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 57-25-125 SO AS TO PROVIDE
CERTAIN RESTRICTIONS UPON COMMERCIAL OR
INDUSTRIAL ACTIVITIES WITH REGARD TO OUTDOOR
ADVERTISING; BY ADDING SECTION 57-25-215 SO AS TO
PROVIDE THAT CERTAIN SIGNS MUST BE CONSTRUCTED
WITH STEEL OR STEEL MONOPOLES; TO AMEND SECTION
57-25-120 RELATING TO THE DEFINITION OF CERTAIN
OUTDOOR ADVERTISING TERMS, SO AS TO PROVIDE THAT
MOBILE HOMES AND TRAILERS ARE NOT COMMERCIAL
OR INDUSTRIAL ACTIVITIES; TO AMEND SECTION
57-25-140 RELATING TO SIGNS PERMITTED ALONG
CERTAIN HIGHWAYS, SO AS TO PROHIBIT THE ERECTION
OF SIGNS WITH VERTICAL STACK FACES OR
DOUBLE-DECKED FACES; AND TO AMEND SECTION
57-25-190, AS AMENDED, RELATING TO COMPENSATION
FOR REMOVAL OF SIGNS, SO AS TO PROVIDE THAT A
GOVERNMENTAL ENTITY SHALL NOT REMOVE A
LEGALLY PLACED OFF-PREMISES OUTDOOR ADVERTISING
WITHOUT COMPENSATING THE OWNER, AND TO PROVIDE
THAT GOVERNMENTAL ENTITIES AND OWNERS OF
OFF-PREMISES OUTDOOR ADVERTISING ARE
ENCOURAGED TO ENTER INTO RELOCATION
AGREEMENTS IN LIEU AND INSTEAD OF ENTERING INTO
COMPENSATION AGREEMENTS.
Whereas, it is the policy of this State to encourage governmental
entities and owners of off-premises outdoor advertising to enter into
relocation agreements instead of compensation agreements for the
removal of off-premises outdoor advertising to continue development
in a planned manner without expenditures of public funds while
allowing continued maintenance of private investment and a medium
of public communication; and
Whereas, the State and its political subdivisions are empowered to
enter into relocation agreements on terms agreeable to the
off-premises outdoor advertising owner and are required to
compensate the owner for the actual cost of relocation unless the
owner is reasonably unable to acquire an alternate permissible
location of comparable cost and value within the same market area;
and
Whereas, this act shall not be construed to prohibit a governmental
entity from entering into a relocation agreement upon any lawful
term. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 57-25-125. A commercial or industrial activity as defined
in Section 57-25-120(5):
(1) must have a minimum one thousand square foot foundation
constructed of concrete or another permanent material;
(2) that has a concrete foundation of two thousand five hundred
square feet or greater may be granted an outdoor advertising permit
upon issuance of a certificate of occupancy and meeting any other
statutory requirement;
(3) that has a concrete foundation of less than two thousand five
hundred square feet may be granted an outdoor advertising permit
one year after the issuance of a certificate of occupancy and meeting
any other statutory requirement."
SECTION 2. The 1976 Code is amended by adding:
"Section 57-25-215. (A) Signs with faces three hundred square
feet or larger permitted after July 1, 1998, must be constructed with
steel.
(B) Signs with faces of six hundred seventy-two square feet
permitted after July 1, 1998, must be constructed with steel
monopoles."
SECTION 3. Section 57-25-120(5) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended by adding at the
end:
"(m) mobile home or trailers."
SECTION 4. Section 57-25-140 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended by adding at the end:
"(K) Signs erected with vertical stack faces or double-decked
faces are prohibited."
SECTION 5. Section 57-25-190 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 57-25-190. (A) The Department of Transportation may
acquire by purchase, gift, or condemnation and shall pay just
compensation upon the removal of the following outdoor advertising
signs:
(1) those lawfully in existence on November 3, 1971;
(2) those lawfully erected after November 2, 1971.
The State and its political subdivisions shall not remove or
cause to be removed a legally placed off-premises outdoor
advertising without paying compensation in cash or another method
of payment mutually agreed upon to the owner of the off-premises
outdoor advertising based on an approved appraisal valuation of the
off-premises outdoor advertising removed or proposed to be
removed.
(B) Compensation may be paid only for the taking from the owner
of:
(1) a sign of all right, title, leasehold, and interest in it;
(2) the real property on which the sign is located of the right to
erect and maintain a sign on it.
(C) No sign may be removed until the owner of the property on
which it is located has been compensated fully for a loss which may
be suffered by him as a result of the removal of the sign through the
termination of a lease or other financial arrangement with the owner
of the sign. The compensation must include damage to the
landowner's property occasioned by the removal of the sign. The
Department of Transportation is limited to an expenditure of five
million dollars for the state's part of just compensation.
(D) Tourist-oriented directional signs must be the last to be
removed under the terms of this article.
(E) The State and its political subdivisions and owners of
off-premises outdoor advertising are encouraged to enter into
relocation agreements in lieu and instead of paying the compensation
contained in this section to continue development in a planned
manner without expenditures of public funds while allowing
continued maintenance of private investment and a medium of public
communication. The State and its political subdivisions may enter
into relocation agreements on terms that are agreeable to the
off-premises outdoor advertising owner and the governmental entity
and to adopt rules, ordinances, or resolutions providing for the
relocation of off-premises outdoor advertising. Notwithstanding
another provision of law, this section does not prohibit the State or its
political subdivisions from entering into a lawful relocation
agreement."
SECTION 6. This act takes effect upon approval by the Governor.
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