HB0876 Engrossed

LRB095 04445 RAS 24645 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 5. The Highway Advertising Control Act of 1971 is 
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amended  by changing Section 3.12 as follows:
 



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    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)



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    Sec. 3.12. (a) "Business area" means any part of an area 
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adjacent to and
within 660 feet of the right-of-way which is at 
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any time zoned for business,
commercial or industrial 
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activities under the authority of any law of this
State; or not 
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so zoned, but which constitutes an unzoned commercial or

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industrial area as defined in Section 3.11.  However, as to 
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signs along
Interstate highways, the term "business area" 
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includes only areas which
are within incorporated limits of any 
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city, village, or incorporated town,
as such limits existed on 
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September 21, 1959, and which are zoned for
industrial or 
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commercial use, or both, or to portions of Interstate highways

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which traverse other areas where the land use, as of September 
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21, l959,
was established by State law as industrial or 
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commercial, or both.
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    With respect to signs owned or leased by the State or a 
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political subdivision, an area zoned for business, commercial, 
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or industrial activities that is adjacent to and within 660 
 


 






HB0876 Engrossed
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LRB095 04445 RAS 24645 b




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feet of an Interstate highway and that is in Township 41 North, 
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Range 10 East of the Third Principal Meridian, shall be deemed 
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a "business area" for purposes of this Act.  This zoning must 
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have been a part of comprehensive zoning and not have been 
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created primarily to permit outdoor advertising structures as 
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described in 23 CFR 750.
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    (b) The changes to this Section made by this amendatory Act 
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of the 95th General Assembly are intended to comply with the 
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federal Highway Beautification Act of 1965, 23 U.S.C. 131, and 
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the regulations promulgated thereunder by the Secretary of the 
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United States Department of Transportation.  To the extent that 
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the Secretary of the United States Department of Transportation 
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or any court finds the changes to this Section made by this 
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amendatory Act to be inconsistent with or preempted by such law 
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or regulations, the changes shall be repealed to the extent 
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necessary to cure such inconsistency or preemption.
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    (c) The provisions of this amendatory Act of the 95th 
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General Assembly shall not be applicable if such application 
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would impact the receipt, use, or reimbursement of federal 
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funds by the Illinois Department of Transportation.


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(Source: P.A. 79-1009.)