Full Text of HB0876 95th General Assembly
HB0876sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/18/2007
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LRB095 04445 RAS 36630 a |
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| AMENDMENT TO HOUSE BILL 876
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| AMENDMENT NO. ______. Amend House Bill 876 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Highway Advertising Control Act of 1971 is | 5 |
| amended by changing Sections 3.12 and 6.01 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 | 8 |
| adjacent to and
within 660 feet of the right-of-way which is at | 9 |
| any time zoned for business,
commercial or industrial | 10 |
| activities under the authority of any law of this
State; or not | 11 |
| so zoned, but which constitutes an unzoned commercial or
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| industrial area as defined in Section 3.11. However, as to | 13 |
| signs along
Interstate highways, the term "business area" | 14 |
| includes only areas which
are within incorporated limits of any | 15 |
| city, village, or incorporated town,
as such limits existed on | 16 |
| 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 | 3 |
| 21, l959,
was established by State law as industrial or | 4 |
| commercial, or both. | 5 |
| With respect to signs owned or leased by the State or a | 6 |
| political subdivision, an area zoned for business, commercial, | 7 |
| or industrial activities that is adjacent to and within 660 | 8 |
| feet of an Interstate highway and that is in Township 41 North, | 9 |
| Range 10 East and Townships 40, 41, 42 North, Range 12 East of | 10 |
| the Third Principal Meridian, shall be deemed a "business area" | 11 |
| for purposes of this Act. This zoning must have been a part of | 12 |
| comprehensive zoning and not have been created primarily to | 13 |
| permit outdoor advertising structures as described in 23 CFR | 14 |
| 750. | 15 |
| (b) The changes to this Section made by this amendatory Act | 16 |
| of the 95th General Assembly are intended to comply with the | 17 |
| federal Highway Beautification Act of 1965, 23 U.S.C. 131, and | 18 |
| the regulations promulgated thereunder by the Secretary of the | 19 |
| United States Department of Transportation. To the extent that | 20 |
| the Secretary of the United States Department of Transportation | 21 |
| or any court finds the changes to this Section made by this | 22 |
| amendatory Act to be inconsistent with or preempted by such law | 23 |
| or regulations, the changes shall be repealed to the extent | 24 |
| necessary to cure such inconsistency or preemption. | 25 |
| (c) The provisions of this amendatory Act of the 95th | 26 |
| General Assembly shall not be applicable if such application |
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| would impact the receipt, use, or reimbursement of federal | 2 |
| funds by the Illinois Department of Transportation.
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| (Source: P.A. 79-1009.)
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| (225 ILCS 440/6.01) (from Ch. 121, par. 506.01)
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| Sec. 6.01. Size of signs.
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| (a) Except as otherwise provided in this Section, no
No
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| sign may be erected which exceeds 1,200 square feet in
area, 30 | 8 |
| feet in height and 60 feet in length, including border and | 9 |
| trim, but
excluding ornamental base or apron, supports and | 10 |
| other structural members.
Except as otherwise provided in this | 11 |
| Section and except with respect to the repair, rebuilding, or | 12 |
| replacement of any sign
lawfully erected before January 1, | 13 |
| 1993, no sign may be erected after the
effective date of this | 14 |
| amendatory Act of 1992 in any county with a population
under | 15 |
| 2,000,000 that exceeds 800 square feet in area, excluding | 16 |
| extensions and
cut-outs; the extensions and cut-outs may | 17 |
| account for no more than an
additional 20% in sign surface | 18 |
| area. The maximum size limitation shall apply to
each side of a | 19 |
| sign or sign structure. A maximum of 2 signs may be erected in | 20 |
| a
facing, in which event the facing shall be deemed to be one | 21 |
| sign, the size of
which may not exceed the dimensions listed in | 22 |
| this Section. Signs may be double
faced or be placed back to | 23 |
| back or V-type
or triangular, provided that the angle between
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| sign
faces shall not exceed 90 degrees.
The area shall be | 25 |
| measured by the
smallest square, rectangle, triangle, circle or |
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| combination thereof which will
encompass the entire sign. | 2 |
| (b) With respect to signs owned or leased by the State or a | 3 |
| political subdivision that are adjacent to and within 660 feet | 4 |
| of an Interstate highway and that are in Township 40 North, | 5 |
| Range 12 East, no sign may be erected that exceeds 42 feet in | 6 |
| height, 90 feet in length, and 3780 square feet in display | 7 |
| area. | 8 |
| (c) The changes to this Section made by this amendatory Act | 9 |
| of the 95th General Assembly are intended to comply with the | 10 |
| federal Highway Beautification Act of 1965, 23 U.S.C. 131, and | 11 |
| the regulations promulgated thereunder by the Secretary of the | 12 |
| United States Department of Transportation. To the extent that | 13 |
| the Secretary of the United States Department of Transportation | 14 |
| or any court finds the changes to this Section made by this | 15 |
| amendatory Act to be inconsistent with or preempted by such law | 16 |
| or regulations, the changes shall be repealed to the extent | 17 |
| necessary to cure such inconsistency or preemption. | 18 |
| (d) The provisions of this amendatory Act of the 95th | 19 |
| General Assembly shall not be applicable if such application | 20 |
| would impact the receipt, use, or reimbursement of federal | 21 |
| funds by the Illinois Department of Transportation.
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| (Source: P.A. 91-774, eff. 1-1-01.)".
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