SB-0351, As Passed House, March 20, 2008

SUBSTITUTE FOR

SENATE BILL NO. 351

A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending section 4 (MCL 252.304), as amended by 2006 PA 448.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4. This act regulates and controls the size, lighting,

and spacing of signs and sign structures in adjacent areas and

occupies the whole field of that regulation and control except for

the following:

(a) A county, city, village, township, or charter township may

enact ordinances to regulate and control the size, lighting, and

spacing of signs and sign structures but shall not permit a sign or

sign structure that is otherwise prohibited by this act or require

or cause the removal of lawfully erected signs or sign structures

subject to this act without the payment of just compensation. A

sign owner shall apply for an annual permit pursuant to section 6

for each sign to be maintained or to be erected within that county,

city, village, charter township, or township. A sign erected or

maintained within that county, city, village, township, or charter

township shall also comply with all applicable provisions of this

act.

(b) A county, city, village, charter township, or township

vested by law with authority to enact zoning codes has full

authority under its own zoning codes or ordinances to establish

commercial or industrial areas and the actions of a county, city,

village, charter township, or township in so doing shall be

accepted for the purposes of this act. However, except as provided

in subdivision (a), zoning which is not part of a comprehensive

zoning plan and is taken primarily to permit outdoor advertising

structures shall not be accepted for purposes of this act. A zone

in which limited commercial or industrial activities are permitted

as incidental to other primary land uses is not a commercial or

industrial zone for outdoor advertising control purposes.

charter township that existed on March 31, 1972 and that prohibits

signs or sign structures is not made void by this act.

(d) A county ordinance that regulates and controls the size,

lighting, and spacing of signs and sign structures shall only apply

in a township within the county if the township has not enacted an

ordinance to regulate and control the size, lighting, and spacing

of signs and sign structures.

(e) ~~(d)~~ A county, on its own initiative or at the request of a