SS#2/SCS/SB 129 - LOCAL CONTROL OF BILLBOARDS - Under this act, when a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property.SEXUALLY ORIENTED BILLBOARDS - Under the act, the ten percent threshold for being considered a sexually oriented business is repealed. Under the act, a sexually oriented business is any business that offers its patrons goods of which a substantial or significant portion are sexually oriented materials. The act provides that no billboards for an adult cabaret or sexually oriented business shall be located within one mile of a state highway if the billboard displays any picture, photograph, image, or words describing, advertising, or discussing any material, product, performance, or other aspect that causes the business to be classified as an adult cabaret or sexually oriented business. If the business is located within one mile of a state highway, the business may have display two exterior signs (an identification sign and a notice to minors sign). The identification sign shall not include any picture, photograph, image, or words describing, advertising, or discussing any material, product, performance, or other aspect that causes the business to be classified as an adult cabaret or sexually oriented business. The current statute provides that the exterior sign can only include identifying information such as name, address and telephone number. Signs existing on August 28, 2007, which do not conform to the requirements of the act shall have until August 28, 2009, to comply with the act's requirements. These provisions are identical to the ones contained in SB 27 (2007).
The act contains a severability clause.
STEPHEN WITTE