Michigan Laws 252.314 – Signs on land leased from state; conditions; terms; cancellation
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(1) The state highway commission may lease land owned by the department along an interstate highway, freeway or primary highway in business areas or unzoned, commercial or industrial areas, to the owner or operator of any gasoline station, repair garage, restaurant, lodging facility, retail store, tourist attraction or to sports, cultural, educational, charitable, service, religious or civic organizations, for the purpose of erecting and maintaining a sign, the advertising copy of which publicizes or calls attention only to goods, services or facilities available on, or events or attractions on, the premises of the owner or operator. Signs may be permitted if all of the following conditions exist:
(a) The advertised premises of the owner or operator are located within 5 miles of the land so leased.
Terms Used In Michigan Laws 252.314
- Business area: means an adjacent area that is zoned by a 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 that 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 that extends along the highway a distance of 800 feet beyond each edge of the activity. See Michigan Laws 252.302
- Department: means the state transportation department. See Michigan Laws 252.302
- 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 for the freeway. See Michigan Laws 252.302
- 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 federal government under 23 USC 103. See Michigan Laws 252.302
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Primary highway: means a highway other than an interstate highway or freeway that is a regulated route. See Michigan Laws 252.302
- 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, that is designed, intended, or used to advertise or inform. See Michigan Laws 252.302
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Unzoned commercial or industrial area: means an area that is within an adjacent area, that is not zoned by state or local law, regulation, or ordinance, that contains 1 or more permanent structures devoted to the industrial or commercial purposes described in subdivision (e), and that extends along the highway a distance of 800 feet beyond each edge of the activity. See Michigan Laws 252.302
(b) There is no business area or unzoned commercial or industrial area available for outdoor advertising along the interstate highway, freeway or primary highway within 5 miles of the advertised premises of the owner or operator.
(c) The inability to publicize or call attention to goods, services or facilities available on, or events or attractions on, the premises of the owner or operator except by a sign erected and maintained pursuant to this section would work a financial hardship upon the owner or operator under such reasonable criteria as may be determined by the state highway commission.
(d) The leasing of such land and the erection and maintenance of such sign would not be cause for the reduction of federal aid highway funds to the state, pursuant to section 131 of title 23 of the United States code, as amended.
(2) Any signs so erected or maintained shall be subject to the provisions of sections 15, 16 and 17 and if erected or maintained by a permittee under this act, to the provisions of section 12.
(3) The leases made pursuant to this section shall be on a year to year term and shall be subject to cancellation at any time the signs erected or maintained on the leased property cease to meet the requirements of this section. The signs shall be subject to removal pursuant to section 19 upon cancellation of the lease.