Sen. Don Harmon
Filed: 5/18/2007
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1 | AMENDMENT TO HOUSE BILL 876
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2 | 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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6 | (225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
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7 | 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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12 | 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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1 | commercial use, or both, or to portions of Interstate highways
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2 | 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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1 | would impact the receipt, use, or reimbursement of federal | ||||||
2 | funds by the Illinois Department of Transportation.
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3 | (Source: P.A. 79-1009.)
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4 | (225 ILCS 440/6.01) (from Ch. 121, par. 506.01)
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5 | Sec. 6.01. Size of signs.
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6 | (a) Except as otherwise provided in this Section, no
No
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7 | 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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24 | 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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1 | 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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22 | (Source: P.A. 91-774, eff. 1-1-01.)".
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