June 17, 2009, Introduced by Rep. Kandrevas and referred to the Committee on Transportation.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 7, 7a, 11a, 17, 18, and 21 (MCL 252.302,
252.307, 252.307a, 252.311a, 252.317, 252.318, and 252.321),
sections 2, 7, 17, and 18 as amended and section 11a as added by
2006 PA 448 and section 7a as added by 2006 PA 447.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Business area" means an adjacent area which is zoned
under authority of state, county, township, or municipal zoning
authority for industrial or commercial purposes, customarily
referred to as "b" or business, "c" or commercial, "i" or
industrial, "m" or manufacturing, and "s" or service, and all other
similar classifications and which is within a city, village, or
charter township or is within 1 mile of the corporate limits of a
city, village, or charter township or is beyond 1 mile of the
corporate limits of a city, village, or charter township and
contains 1 or more permanent structures devoted to the industrial
or commercial purposes described in this subdivision and which
extends along the highway a distance of 800 feet beyond each edge
of the activity. Each side of the highway is considered separately
in applying this definition except where it is not topographically
feasible for a sign or sign structure to be erected or maintained
on the same side of the highway as the permanent structure devoted
to industrial or commercial purposes, a business area may be
established on the opposite side of a primary highway in an area
zoned commercial or industrial or in an unzoned area with the
approval of the state highway commission. A permanent structure
devoted to industrial or commercial purposes does not result in the
establishment of a business area on both sides of the highway. All
measurements shall be from the outer edge of the regularly used
building, parking lot or storage or processing area of the
commercial or industrial activity and not from the property lines
of the activities and shall be along or parallel to the edge or
pavement of the highway. Commercial or industrial purposes are
those activities generally restricted to commercial or industrial
zones in jurisdictions that have zoning. In addition, the following
activities shall not be considered commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing, farming,
and related activities, including, but not limited to, wayside
fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for activities recited in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled way.
(viii) Activities that have not been in continuous operation of
a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an occupancy
permit has not been issued or which is not a fully enclosed
building, having all necessary utility service and sanitary
facilities required for its intended commercial or industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available to be rented by the
public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(b) "Unzoned commercial or industrial area" means an area
which is within an adjacent area, which is not zoned by state or
local law, regulation or ordinance, which contains 1 or more
permanent structures devoted to the industrial or commercial
purposes described in subdivision (a), and which extends along the
highway a distance of 800 feet beyond each edge of the activity.
Each side of the highway is considered separately in applying this
definition except where it is not topographically feasible for a
sign or sign structure to be erected or maintained on the same side
of the highway as the permanent structure devoted to industrial or
commercial purposes, an unzoned commercial or industrial area may
be established on the opposite side of a primary highway in an area
zoned commercial or industrial or in an unzoned area with the
approval of the state highway commission. A permanent structure
devoted to industrial or commercial purposes does not result in the
establishment of an unzoned commercial or industrial area on both
sides of the highway. All measurements shall be from the outer edge
of the regularly used building, parking lot or storage or
processing area of the commercial or industrial activity and not
from the property lines of the activities and shall be along or
parallel to the edge or pavement of the highway. Commercial or
industrial purposes are those activities generally restricted to
commercial or industrial zones in jurisdictions that have zoning.
In addition, the following activities shall not be considered
commercial or industrial:
(i) Agricultural, animal husbandry, forestry, grazing, farming
and related activities, including, but not limited to, wayside
fresh produce stands.
(ii) Transient or temporary activities.
(iii) Activities not visible from the main-traveled way.
(iv) Activities conducted in a building principally used as a
residence, or in a building located on property that is used
principally for residential purposes or for activities recited in
subparagraph (i).
(v) Railroad tracks and minor sidings.
(vi) Outdoor advertising.
(vii) Activities more than 660 feet from the main-traveled way.
(viii) Activities that have not been in continuous operation of
a business or commercial nature for at least 2 years.
(ix) Public utility facilities, whether regularly staffed or
not.
(x) Structures associated with on-site outdoor recreational
activities such as riding stables, golf course shops, and
campground offices.
(xi) Activities conducted in a structure for which an occupancy
permit has not been issued or which is not a fully enclosed
building, having all necessary utility service and sanitary
facilities required for its intended commercial or industrial use.
(xii) A storage facility for a business or other activity not
located on the same property, except a storage building having at
least 10 separate units that are available to be rented by the
public.
(xiii) A temporary business solely established to qualify as
commercial or industrial activity under this act.
(c) "Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any other way bring into
being or establish.
(d) "Interstate highway" means a highway officially designated
as a part of the national system of interstate and defense highways
by the department and approved by the appropriate authority of the
federal government.
(e) "Freeway" means a divided highway of not less than 2 lanes
in each direction to which owners or occupants of abutting property
or the public do not have a right of ingress or egress to, from or
across the highway, except at points determined by or as otherwise
provided by the authorities responsible therefor.
(f) "Primary highway" means a highway, other than an
interstate highway or freeway, officially designated as a part of
the primary system as defined in section 131 of title 23 of the
United States Code, 23 USC 131, by the department and approved by
the appropriate authority of the federal government.
(g) "Main-traveled way" means the traveled way of a highway on
which through traffic is carried. The traveled way of each of the
separate roadways for traffic in opposite directions is a main-
traveled way of a divided highway. It does not include facilities
as frontage roads, turning roadways or parking areas.
(h) "Sign" means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or other
thing, whether placed individually or on a T-type, V-type, back to
back or double-faced display, designed, intended or used to
advertise or inform.
(i) "Sign structure" means the assembled components which make
up an outdoor advertising display, including but not limited to
uprights, supports, facings and trim. Such sign structure may
contain 1 or 2 signs per facing and may be double-faced, back to
back, T-type or V-type.
(j) "Visible" means a sign that has a message that is capable
of being seen and read by a person of normal visual acuity when
traveling in a motor vehicle.
(k) "Location" means a place where there is located a single,
double-faced, back to back, T-type, or V-type sign structure.
(l) "Maintain" means to allow to exist and includes the
periodic changing of advertising messages, customary maintenance
and repair of signs and sign structures.
(m) "Abandoned sign or sign structure" means a sign or sign
structure subject to the provisions of this act, the owner of which
has failed to secure a permit, has failed to identify the sign or
sign structure or has failed to respond to notice.
(n) "Department" means the state transportation department.
(o) "Adjacent area" means the area measured from the nearest
edge of the right of way of an interstate highway, freeway, or
primary highway and extending 3,000 feet perpendicularly and then
along a line parallel to the right-of-way line.
(p) "Person" means any individual, partnership, private
association, or corporation, state, county, city, village,
township, charter township, or other public or municipal
association or corporation.
(q) "On-premises sign" means a sign advertising activities
conducted or maintained on the property on which it is located. The
boundary of the property shall be as determined by tax rolls, deed
registrations, and apparent land use delineations. When a sign
consists principally of brand name or trade name advertising and
the product or service advertised is only incidental to the
principal activity, or if it brings rental income to the property
owner or sign owner, it shall be considered the business of outdoor
advertising and not an on-premises sign. Signs on narrow strips of
land contiguous to the advertised activity, or signs on easements
on adjacent property, when the purpose is clearly to circumvent the
intent of this act, shall not be considered on-premises signs.
(r) "Billboard" means a sign separate from a premises erected
for the purpose of advertising a product, event, person, or subject
not related to the premises on which the sign is located. Off-
premises directional signs as permitted in this act shall not be
considered billboards for the purposes of this section.
(s) "Secondary highway" means a state secondary road or county
primary road.
(t) "Tobacco product" means any tobacco product sold to the
general public and includes, but is not limited to, cigarettes,
tobacco snuff, and chewing tobacco.
(u) "Religious organization sign" means a sign, not larger
than 8 square feet, that gives notice of religious services.
(v) "Service club sign" means a sign, not larger than 8 square
feet, that gives notice about nonprofit service clubs or charitable
associations.
Sec. 7. (1) A permit fee is payable annually in advance, to be
credited to the state trunk line fund. The fee is $100.00 for the
first year except that signs in existence prior to a highway's
change in designation or jurisdiction which would require signs to
be permitted shall only be required to pay the permit renewal
amount as provided in subsection (2). The department shall
establish an annual expiration date for each permit and may change
the expiration date of existing permits to spread the permit
renewal activity over the year. Permit fees may be prorated the
first year. An application for the renewal of a permit shall be
filed with the department at least 30 days before the expiration
date.
(2) For signs up to and including 300 square feet, the annual
permit renewal fee is $50.00. For signs greater than 300 square
feet, the annual permit renewal fee is $80.00. Signs of the service
club
and religious category as defined in rules promulgated by the
department
are not subject to an annual
renewal fee.
(3)
For each permit, the department shall assess a $100.00
penalty
for delinquent payment of renewal fees. The annual renewal
fee for each permit shall increase by an additional $20.00 if the
fee is not paid at least 30 days before the expiration date of
the permit. If the annual renewal fee for any permit is not paid
within 60 days after the permit expiration date, the department may
cancel the permit without taking further administrative action
unless an administrative hearing is requested by the permit holder
within 60 days of the permit expiration date.
(4) Notwithstanding subsection (3), for permits having the
same expiration date, the maximum amount of increased annual
renewal fees for late payments that may be assessed by the
department under this section from 1 permit holder is $10,000.00.
(5) If the department has collected fees or penalties from a
permit holder under this section during the period beginning
January 1, 2007 and ending on the date of the amendatory act that
added this subsection and the total amount collected from that
permit holder during that period exceeds $10,000.00, the excess
amount for that period shall be credited against future renewal
fees of the permit holder.
(6) (4)
The department shall require a
transfer fee when a
request is made to transfer existing permits to a new sign owner.
Except as otherwise provided in this subsection, the transfer fee
shall be $100.00 for each permit that is requested to be
transferred, up to a maximum of $500.00 for a request that
identifies 5 or more permits to be transferred. If the department
incurs additional costs directly attributable to special and unique
circumstances associated with the requested transfer, the
department may assess a transfer fee greater than the maximums
identified in this subsection to recover those costs incurred by
the department.
Sec. 7a. (1) Except as otherwise provided in this section, the
department shall not issue annual permits for new signs on or after
January 1, 2007.
(2)
Permits issued by the department before the effective date
of
the amendatory act that added this section January 1, 2007
remain in force and valid.
(3) On and after January 1, 2007, the department shall issue
an interim permit or permits to a holder of a valid permit or
permits if all of the following conditions are met:
(a) The holder of the valid permit or permits is otherwise in
compliance with this act.
(b) The holder of the permit or permits surrenders the permit
or permits to the department upon the removal of a sign structure
or sign structures that have a valid permit under this act.
(c) The holder of the permit or permits verifies the removal
of the sign structure or sign structures in writing to the
department.
(d) The department verifies that the sign structure or
structures have been removed or the removal has been deemed
effective under this section.
(e)
If a permit holder has a valid annual permit or permits
for
a site or sites where no sign structure exists or no
construction
has begun to build a sign structure on January 1,
2007,
the permit holder may exchange the permit or permits for an
interim
permit under this section or begin construction under the
valid
permit or permits no later than 1 year after January 1, 2007.
The
number of permits that can be received in an exchange shall be
determined
under subsection (4).
(4) (3)
An interim permit that is issued
under this section
shall only be utilized for the construction of a new sign structure
and shall remain in effect without expiration with fees renewed on
an annual basis.
(4)
Subject to subsections (2) and (8), a permit holder who is
exchanging
a permit or permits under subsection (2)(e) shall be
issued
1 interim permit for each of the first 3 permits
surrendered.
For each permit surrendered under subsection (2)(e)
after
the first 3 permits surrendered, a permit holder under
subsection
(2)(e) shall receive 1 interim permit for each 3 permits
surrendered.
A permit holder shall have 1 year from January 1, 2007
to
exchange permits pursuant to subsection (2)(e) and this
subsection.
A permit that is not exchanged pursuant to subsection
(2)(e)
and this subsection cannot be exchanged and shall expire no
later
than 1 year after January 1, 2007.
(5) The department shall verify that an existing sign
structure has been removed no later than 30 days after the
department receives written notice from the permit holder that the
sign structure has been removed. If the department does not respond
to the written notice within 30 days after receipt of the written
notice, then the permit holder shall be deemed to have removed the
sign structure in compliance with this section.
(6) A holder of 2 valid permits for a sign structure with 2
faces who complies with this section shall receive 2 interim
permits for the construction of a sign structure with 2 faces. A
permit holder under this subsection shall not receive 2 interim
permits to construct 2 single-face sign structures.
(7) A holder of a valid permit for a sign structure with a
single face is entitled to exchange that permit under this section
for an interim permit with a single face. A holder of valid permits
for 2 different single-face structures may exchange the 2 permits
under this section for 2 interim permits to construct 2 single-face
sign structures or 2 interim permits to construct 1 sign structure
with 2 faces.
(8) A holder of more than 2 valid permits for a sign structure
with more than 2 faces may exchange the permits under this section
for a maximum of 2 interim permits. The 2 interim permits received
under this section shall only be used to construct 1 sign structure
with no more than 2 faces.
(9) After construction of a sign structure under an interim
permit is complete, the department shall issue renewable permits
annually for the completed sign structure.
(10) If a permit holder for a sign structure that exists on
January 1, 2007 requires additional permits for any reason, the
department may issue a valid renewable permit renewable on an
annual basis without complying with subsection (2) even if the
permit holder has more than 2 valid permits as a result.
(11) The department may issue a permit for a new sign
structure that measures less than 8 square feet for signs in the
categories of service club signs and religious organization signs.
(12) Notwithstanding anything else in this act that may be to
the contrary, permits issued under subsection (11) are not eligible
to be surrendered for an interim permit.
Sec. 11a. (1) Subject to the requirements of this section, the
department is authorized to and shall issue permits for the
management of vegetation to the owner of a sign subject to this
act.
(2) A sign owner may apply to the department for a permit to
manage vegetation using the department's approved form. The
application shall be accompanied by an application fee of $150.00
to cover the costs of evaluating and processing the application.
The application shall be submitted during the 2 or more annual
application periods not less than 60 days each, as specified by the
department. The application shall clearly identify the vegetation
to be managed in order to create visibility of the sign within the
billboard viewing zone and all proposed mitigation for the impacts
of the vegetation management undertaken. The application shall also
include anticipated management that will be needed in the future to
maintain the visibility of the sign within the billboard viewing
zone for the time specified in subsection (4) and procedures for
clearing vegetation as determined by the department.
(3)
From January 1, 2007 until January 1, 2008, upon proper
receipt
by the department of an application and application fee,
and
based on the provisions of subsection (4), an applicant shall
be
notified of approval, approval with modifications, or denial no
later
than 90 days after the last day of the application period.
Beginning
January 1, 2008 Unless
otherwise agreed to by the
department and an applicant, the department shall issue its
decision on an application no later than 30 days after the last day
of the application period. The department shall approve the
application, approve the application with modification, or deny the
application. If the department approves the application or approves
the application with modification, it shall notify the applicant
and the notification shall include the value of the vegetation to
be managed as determined by the department using the most recent
version of the international society of arboriculture's guide for
plant appraisal and the corresponding Michigan tree evaluation
supplement to the guide for plant appraisal published by the
Michigan forestry and park association. The department may use
another objective authoritative guide or establish a value schedule
based on the past history of the valuation process and the
principles outlined in the guide for plant appraisal, in
consultation with representatives of the outdoor advertising
industry
and other interested parties. , if either the guide or the
supplement
has not been updated for more than 5 years. Unless the
applicant or the department requests otherwise, a value schedule,
if established, shall be used for all vegetation valuation. If
established, the value schedule shall be updated by the department
in consultation with representatives of the outdoor advertising
industry and other interested parties at least every 3 years. The
notification to the applicant shall also include any required
mitigation for the vegetation to be managed and all conditions and
requirements associated with the issuance of the permit. The permit
fee shall be $300.00, except that in special and unique situations
and circumstances where the department incurs additional costs
directly attributable to the approval of the permit, a fee greater
than $300.00 adequate for the recovery of additional costs may be
assessed. The employment of nondepartment personnel or outside
vendors for the sole purpose of meeting statutory deadlines is not
a special and unique situation, and no additional costs shall be
assessed against the applicant. Upon receipt of the permit fee,
payment for the value of the vegetation, and compliance with MDOT
conditions and requirements, the department shall issue the permit.
(4) Subject to the provisions of this subsection, a permit to
manage vegetation shall provide for a minimum of 5 seconds of
continuous, clear, and unobstructed view of the billboard face
based on travel at the posted speed as measured from the point
directly adjacent to the point of the billboard closest to the
highway. The department and the applicant may enter into an
agreement, at the request of the applicant, identifying the
specific location of the continuous, clear, and unobstructed view
within the billboard viewing zone. The specific location may begin
at a point anywhere within the billboard viewing zone but shall
result in a continuous, clear, and unobstructed view of not less
than 5 seconds. An applicant shall apply for a permit that
minimizes the amount of vegetation to be managed for the amount of
viewing time requested. Applications for vegetation management that
provide for greater than 5 seconds of continuous, clear, and
unobstructed viewing at the posted speed as measured from a point
directly adjacent to the point of the billboard closest to the
highway shall not be rejected based solely upon the application
exceeding the 5-second minimum. For billboards spaced less than 500
feet apart, vegetation management, when permitted, shall provide
for a minimum of 5 seconds of continuous, clear, and unobstructed
view of the billboard face based on travel at the posted speed or
the distance between the billboard and the adjacent billboard,
whichever is less.
(5) The department shall issue permits for vegetation
management in a viewing cone or, at the department's discretion,
another shape that provides for the continuous, clear, and
unobstructed view of the billboard face. The department may, in its
discretion, issue a permit for vegetation management outside of the
billboard viewing zone.
(6) If no suitable alternative exists or the applicant is
unable to provide acceptable mitigation, the department may deny an
application or provide a limited permit to manage vegetation when
it can be demonstrated that 1 or more of the following situations
exist:
(a) The vegetation management would have an adverse impact on
safety.
(b) The vegetation management would have an adverse impact on
operations of the state trunk line highway.
(c) The vegetation management conflicts with federal or state
law, rules, or statutory requirements.
(d) The applicant does not have the approval of the owner of
the property.
(e) The vegetation to be managed was planted or permitted to
be planted by the department for a specific purpose. This
subdivision does not apply to requests to manage vegetation that
was planted in the billboard viewing zone after January 1, 2007
except where the request to manage vegetation would provide for
greater than 5 seconds of continuous, clear, and unobstructed view
of the billboard face.
(f) Vegetation would be managed for a newly constructed
billboard or vegetation existed that obscured the billboard or
would have obscured the billboard before it was constructed. In
denying an application or providing a limited permit, the
department shall consider previous vegetation management that was
allowed at the billboard site.
(g) The management would occur on a scenic or heritage route
that was designated on or before the effective date of the
amendatory act that added this section.
(h) The application is for a sign that has been found, after a
hearing in accordance with section 19, not to be in compliance with
this act.
(i) Other special or unique circumstances or conditions exist,
including, but not limited to, adverse impact on the environment,
natural features, or adjacent property owners.
(7) If the department denies an application or issues a
limited permit under this subsection, the department shall provide
a specific rationale for denying an application or approving a
limited permit.
(8) No later than 30 days after receiving a denial or a
limited permit under subsection (6), an applicant may request the
review and reconsideration of the denial or limited permit. The
applicant shall submit its request in writing on a form as
determined by the department. The applicant shall state the
specific item or items for which review and reconsideration are
being requested. An applicant who received a limited permit may
manage vegetation in accordance with that permit during the review
and reconsideration period.
(9) No later than 90 days after January 1, 2007, the
department shall develop a procedure for review and reconsideration
of applications that are denied or that result in the issuance of a
limited permit. This procedure shall include at least 2 levels of
review and provide for input from the applicant. The review period
shall not exceed 120 days. The department shall consult with all
affected and interested parties, including, but not limited to,
representatives of the outdoor advertising industry, in the
development of this procedure.
(10) If, after review and reconsideration as provided for in
subsection (8), the applicant is denied a permit or issued a
limited permit, the applicant may appeal the decision of the
department to a court of competent jurisdiction.
(11) All work performed in connection with trimming, removing,
or relocating vegetation shall be performed at the sign owner's
expense.
(12) The department shall not plant or authorize to be planted
any vegetation that obstructs, or through expected normal growth
will
obstruct in the future, the visibility within the billboard
viewing
5-second zone of
continuous, clear, unobstructed view of
the billboard face of any portion of a sign face subject to this
act.
(13) The department shall prepare an annual report for
submission to the legislature regarding the vegetation management
undertaken pursuant to this section. At a minimum, this report
shall include all of the following items:
(a) The number of application periods.
(b) The number of applications submitted under this section.
(c) The number of permits approved without modifications.
(d) The number of permits approved with modifications.
(e) The number of permits denied.
(f) The number of modified or denied permits which were
appealed.
(g) The number of appeals that reversed the department's
decision.
(h) The number of appeals that upheld the department's
decision.
(i) The number of permits approved which requested a
visibility time period exceeding 5 seconds.
(j) The amount of compensation paid to the state for removed
vegetation.
(k) The average number of days after the end of the
application period before an applicant was sent notice that a
permit was approved.
(l) A summary of the reasons for which the department denied or
modified permits.
(m) A summary of the amount of all revenues and expenses
associated with the management of the vegetation program.
(14) The report in subsection (13) shall contain a summary for
the entire state and report in detail for each department region.
The department shall provide the report to the legislature for
review no later than 90 days following the completion of each
fiscal year. The reporting deadline for the initial report is 18
months after January 1, 2007.
(15) A person who under the authority of a permit obtained
under this section trims or removes more trees and shrubs than the
permit authorizes is subject to 1 or more of the following
penalties:
(a) For the first 3 violations during a 3-year period, a
penalty of an amount up to $5,000.00 or the amount authorized as a
penalty in section 11(1), whichever is greater.
(b) For the fourth violation during a 3-year period and any
additional violation during that period, a penalty of an amount up
to $25,000.00 or double the amount authorized as a penalty in
section 11(1), whichever is greater, for each violation.
(c) For the fourth violation during a 3-year period, and any
additional violation, a person is not eligible to obtain or renew a
permit under this section for a period of 3 years from the date of
the fourth violation.
(16) If the department alleges that a person has trimmed or
removed more trees or shrubs than the permit authorizes, then the
department shall notify the person of its intent to seek any 1 or
more of the penalties provided in subsection (15). The notification
shall be in writing and delivered via United States certified mail,
and shall detail the conduct the department alleges constitutes a
violation of subsection (15), shall indicate what penalties the
department will be seeking under subsection (15), and shall occur
within 30 days of the filing of the completion order for the
trimming or removal of trees or shrubs the department alleges
violated the permit. Any allegation by the department that a person
has trimmed or removed more trees or shrubs than the permit
authorizes shall be subject to the appeals process contained in
section
11(8) subsections (8), (9), and (10).
(17) As used in this act:
(a) "Billboard viewing zone" means the 1,000-foot area
measured at the pavement edge of the main-traveled way closest to
the billboard having as its terminus the point of the right-of-way
line immediately adjacent to the billboard.
(b) "Vegetation management" means the trimming, removal, or
relocation of trees, shrubs, or other plant material.
(c) "Viewing cone" means the triangular area described as the
point directly below the face of the billboard closest to the
roadway, the point directly below the billboard face farthest away
from the roadway, a point as measured from a point directly
adjacent to the part of the billboard closest to the roadway and
extending back parallel to the roadway the distance that provides
the view of the billboard prescribed in this section, and the
triangle described by the points extending upward to the top of the
billboard.
Sec. 17. (1) Along interstate highways and freeways, a sign
structure located in a business area or unzoned commercial or
industrial
area shall not be erected closer than 1,000 500 feet
to
another sign structure on the same side of the highway.
(2) Along primary highways a sign structure shall not be
closer
than 500 300 feet to another sign structure.
(3) The provisions of this section do not apply to signs
separated by a building or other visual obstruction in such a
manner that only 1 sign located within the spacing distances is
visible from the highway at any time, provided that the building or
other visual obstruction has not been created for the purpose of
visually obstructing either of the signs at issue.
(4) Along interstate highways and freeways located outside of
incorporated municipalities, a sign structure shall not be
permitted adjacent to or within 500 feet of an interchange, an
intersection at grade or a safety roadside rest area. The 500 feet
shall be measured from the point of beginning or ending of pavement
widening at the exit from, or entrance to, the main-traveled way.
(5) Official signs as described in section 13(1)(a) and on-
premises signs shall not be counted nor shall measurements be made
from them for purposes of determining compliance with the spacing
requirements provided in this section.
(6) The spacing requirements provided in this section apply
separately to each side of the highway.
(7) The spacing requirements provided in this section shall be
measured along the nearest edge of the pavement of the highway
between points directly opposite each sign.
(8) A sign that was erected in compliance with the spacing
requirements of this section that were in effect at the time when
the sign was erected, but which does not comply with the spacing
requirements of this section after March 23, 1999, shall not be
considered unlawful as that term is used in section 22.
Sec. 18. The following signs or sign structures are
prohibited:
(a) Those which purport to regulate, warn, or direct the
movement of traffic or which interfere with, imitate, or resemble
any official traffic sign, signal, or device.
(b) Those which are not adequately maintained and in a good
state of repair.
(c) Those which are erected or maintained upon trees or
painted or drawn upon rocks or other natural resources.
(d) Those which prevent the driver of a motor vehicle from
having a clear and unobstructed view of approaching, intersecting,
or merging traffic.
(e) Those which are abandoned.
(f) Those that involve motion or rotation of any part of the
structure, running animation or displays, or flashing or moving
lights. This subdivision does not apply to a sign or sign structure
with static messages or images that change if the rate of change
between 2 static messages or images does not exceed more than 1
change
per 6 seconds, each change is complete in 1 second or less,
and
the maximum daylight sign luminance
level does not exceed
62,000
candelas per meter squared at 40,000 lux illumination
beginning
1/2 hour after sunrise and continuing until 1/2 hour
before
sunset and does not exceed 375 candelas per meter squared at
4
lux illumination at all other times. sign possesses and utilizes
automatic dimming capabilities so that the maximum luminescence
level is not more than 0.3 foot candles over ambient light levels
measured at a distance of 150 feet for those sign faces at least
300 square feet and less than or equal to 378 square feet, measured
at a distance of 250 feet for those sign faces measuring greater
than 378 square feet and less than or equal to 672 square feet, and
measured at 350 feet for those sign faces measuring greater than
672 square feet. In addition to the above requirements, signs
exempted under this subdivision shall be configured to default to a
static display in the event of mechanical failure.
(g) Signs found to be in violation of subdivision (f) shall be
brought into compliance by the permit holder or its agent no later
than 24 hours after receipt by the permit holder or its agent of an
official written notice from the department. Failure to comply with
this subdivision within this specified time frame shall result in a
$100.00 penalty being assessed to the sign owner for each day the
sign remains out of compliance. The first repeat violation of
subdivision (f), for a specific sign, shall also be brought into
compliance by the permit holder or its agent within 24 hours after
receipt of an official written notice from the department. Failure
to comply with the official written notice within the 24-hour
period for the first repeat violation subjects the sign owner to a
$1,000.00 penalty for each day the sign remains out of compliance.
These penalties are required to be submitted to the department
before the sign's permit is renewed under section 6. Second repeat
violations of subdivision (f), for a specific sign, shall result in
permanent removal of the variable message display device from that
sign by the department or the sign owner.
Sec.
21. A Except as otherwise
provided in section 7, a person
who erects or maintains any sign or sign structure or other object
for outdoor advertising subject to the provisions of this act
without complying with this act is liable for a penalty of not less
than $100.00 nor more than $1,000.00 for each violation which shall
be paid into the state trunk line fund. Penalties shall be sued
for, by and in the name of the department and shall be recoverable
with the reasonable costs thereof in the district or circuit court
in the county where the person maintains his principal place of
business or in the county where the signs erected or maintained
without complying with this act are located. A person who falsely
misrepresents information submitted in a permit form pursuant to
section 6 is guilty of a misdemeanor. A sign erected or maintained
under a permit falsely secured in such a manner shall be deemed to
be abandoned and is not eligible for removal compensation.