HOUSE BILL No. 5817


     March 20, 2002, Introduced by Rep. Bradstreet and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1972 PA 106, entitled

   "Highway advertising act of 1972,"

   by amending section 4 (MCL 252.304), as amended by 1998 PA 533.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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        and spacing of signs and sign structures in adjacent areas and

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        occupies the whole field of that regulation and control except

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        for the following:

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

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        ordinances to regulate and control the size, lighting, and spac-

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        ing of signs and sign structures, but the ordinances shall not

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        permit a sign or sign structure that is otherwise prohibited by

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        this act or require or cause the removal of lawfully erected

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        signs or sign structures subject to this act without the payment

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        of just compensation.  A sign owner shall apply for an annual


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        permit pursuant to section 6 for each sign to be maintained or to

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        be erected within that city, village, charter township, or

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        township.  A sign erected or maintained within that city, vil-

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        lage, township, or charter township shall also comply with all

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        applicable provisions of this act.

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             (b) A city, village, charter township, or township vested by

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        law with authority to enact zoning codes has full authority under

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        its own zoning codes or ordinances to establish commercial or

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        industrial areas and the actions of a city, village, charter

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        township, or township in so doing shall be accepted for the pur-

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        poses of this act.  However, except as provided in

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        subdivision (a), zoning  which  THAT is not part of a comprehen-

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        sive zoning plan and is taken primarily to permit outdoor adver-

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        tising structures shall not be accepted for purposes of this

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        act.  A zone in which limited commercial or industrial activities

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        are permitted as incidental to other primary land uses is not a

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        commercial or industrial zone for outdoor advertising control

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        purposes.

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             (c) An ordinance or code of a city, village, township, or

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        charter township that existed on March 31, 1972 and that prohib-

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

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

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

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        may prepare  a model  AN ordinance as described in

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        subdivision (a).  A city, village, township, or charter township

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        within that county may adopt the  model  ordinance.  IF THE CITY,

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        VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP WITHIN THE COUNTY ADOPTS



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        THE ORDINANCE AND REQUESTS THE COUNTY TO ENFORCE THE ORDINANCE,

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        THE COUNTY SHALL ENFORCE THE ORDINANCE ON BEHALF OF THE CITY,

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        VILLAGE, TOWNSHIP, OR CHARTER TOWNSHIP.


















































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