March 15, 2007, Introduced by Senator GILBERT and referred to the Committee on Transportation.
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 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 city,
village, charter township, or township. A sign erected or
maintained within that city, village, township, or charter township
shall also comply with all applicable provisions of this act.
(b) A 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 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.
(c) An ordinance or code of a city, village, township, or
charter township that existed on March 31, 1972 and that prohibits
signs or sign structures is not made void by this act.
(d) If a township has not enacted an ordinance under
subdivision (a) or a zoning code or ordinance under subdivision
(b), a county may enact an ordinance described in subdivision (a)
or a zoning code or ordinance described in subdivision (b). An
ordinance or code enacted by a county under this subdivision
becomes void if a township within the county enacts an ordinance
under subdivision (a) or an ordinance or code under subdivision (b)
subsequent to enactment of the county ordinance or code.
(e) (d)
A county, on its own initiative or
at the request of a
city, village, township, or charter township within that county,
may prepare a model ordinance as described in subdivision (a). A
city, village, township, or charter township within that county may
adopt the model ordinance.