May 3, 2005, Introduced by Reps. Elsenheimer, Garfield, Hansen, Sheltrown, Booher, Taub, Walker, Vander Veen, Gonzales and Proos and referred to the Committee on Agriculture.
A bill to amend 1972 PA 106, entitled
"Highway advertising act of 1972,"
by amending sections 2, 5, and 13 (MCL 252.302, 252.305, and
252.313), as amended by 1998 PA 533.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Agricultural operation" means a business or individual
that offers 1 or more of the following products or services:
(i) The sale of an agriculturally related product or service,
including, but not limited to, hay rides, farm tours, orchard
tours, or customer-harvested fruit or produce.
(ii) The sale of a farm product, as that term is defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(b) (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.
(c) (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) (b), 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.
(d) (c)
"Erect" means to construct, build, raise,
assemble,
place, affix, attach, create, paint, draw, or in any other way
bring into being or establish.
(e) (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.
(f) (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.
(g) (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 U.S.C. USC
131, by the department and
approved by the appropriate authority of the federal government.
(h) (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.
(i) (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.
(j) (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.
(k) (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.
(l) (k)
"Location" means a place where there is
located a
single, double-faced, back to back, T-type, or V-type sign
structure.
(m) (l) "Maintain" means to allow to exist and
includes the
periodic changing of advertising messages, customary maintenance
and repair of signs and sign structures.
(n) (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.
(o) (n)
"Department" means the state
transportation
department.
(p) (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.
(q) (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.
(r) (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.
Sec.
5. (1) A Except
as otherwise provided in subsection
(2), a person shall not engage or continue to engage in outdoor
advertising through the erection, use, or maintenance of any signs
in an adjacent area where the facing of the sign is visible from an
interstate highway, freeway, or primary highway, except as provided
in this act. A sign having a facing visible from more than 1 state
highway or other public road shall comply with the requirements for
outdoor advertising for each state highway and each public road
from which it is visible.
(2) A business or individual that is engaged in a seasonal
agricultural operation is exempt from the requirement to obtain a
permit from the department under this act.
Sec. 13. (1) A sign shall not be erected or maintained in an
adjacent area where the facing of the sign is visible from an
interstate highway, freeway, or primary highway except the
following:
(a) Directional and other official signs, including, but not
limited to, signs pertaining to natural wonders, scenic and
historical attractions, which are required or authorized by law,
and which comply with rules promulgated by the department relative
to the lighting, size, number, and spacing thereof.
(b) Signs advertising the sale or lease of real property upon
which they are located.
(c) On-premises signs.
(d)
Signs located in a business area,
or an
unzoned
commercial and industrial area, or a sign advertising an
agricultural operation located in an area that is zoned for
agricultural use and that comply with sections 12, 15, 16, and 17
except that a sign not described in subdivision (a), (b), or (c)
shall not be erected or maintained beyond 660 feet of the nearest
edge of the right of way.
(2) If the department is authorized by law to designate scenic
areas along an interstate highway, freeway, or primary highway,
signs shall not be erected or maintained within areas so designated
unless located within a business area or an unzoned commercial or
industrial area where signs may be erected or maintained in
compliance with this act.