HOUSE BILL No. 6299

 

 

September 5, 2018, Introduced by Rep. LaFave and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1972 PA 106, entitled

 

"Highway advertising act of 1972,"

 

by amending section 4 (MCL 252.304), as amended by 2014 PA 2.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) 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 operation, 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, township, or charter

 

township. , or township. A sign erected or maintained within that

 

county, city, village, township, or charter township shall must

 

also comply with all applicable provisions of this act. An Subject

 

to subsection (2), an ordinance or code adopted by a county, city,

 

village, township, or charter township that regulates the

 

operation, size, lighting, or spacing of signs and sign structures

 

and that is more stringent than the laws of this state is not made

 

void by 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 must be

 

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

 

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

 

zoning plan and is taken primarily to permit outdoor advertising

 

structures shall must 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 Subject to subsection (2), 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) A county ordinance that regulates and controls the size,

 

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

 

applies 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) 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.

 

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

 

shall not adopt an ordinance or code that restricts, prohibits, or

 

places a limitation on a sign or sign structure based on the

 

content of the sign, unless the ordinance or code is narrowly

 

tailored to achieve a compelling governmental interest.An

 

ordinance or code of a county, city, village, township, or charter

 

township that restricts, prohibits, or places a limitation on a

 

sign or sign structure based on the content of the sign is void

 

unless the ordinance or code is narrowly tailored to achieve a

 

compelling governmental interest.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.