Full Text of HB0876 95th General Assembly
HB0876eng 95TH GENERAL ASSEMBLY
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HB0876 Engrossed |
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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 | 5 |
| 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 | 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 | 17 |
| 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 | 19 |
| 21, l959,
was established by State law as industrial or | 20 |
| commercial, or both. | 21 |
| With respect to signs owned or leased by the State or a | 22 |
| political subdivision, an area zoned for business, commercial, | 23 |
| or industrial activities that is adjacent to and within 660 |
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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, | 2 |
| Range 10 East of the Third Principal Meridian, shall be deemed | 3 |
| a "business area" for purposes of this Act. This zoning must | 4 |
| have been a part of comprehensive zoning and not have been | 5 |
| created primarily to permit outdoor advertising structures as | 6 |
| described in 23 CFR 750. | 7 |
| (b) The changes to this Section made by this amendatory Act | 8 |
| of the 95th General Assembly are intended to comply with the | 9 |
| federal Highway Beautification Act of 1965, 23 U.S.C. 131, and | 10 |
| the regulations promulgated thereunder by the Secretary of the | 11 |
| United States Department of Transportation. To the extent that | 12 |
| the Secretary of the United States Department of Transportation | 13 |
| or any court finds the changes to this Section made by this | 14 |
| amendatory Act to be inconsistent with or preempted by such law | 15 |
| or regulations, the changes shall be repealed to the extent | 16 |
| necessary to cure such inconsistency or preemption. | 17 |
| (c) The provisions of this amendatory Act of the 95th | 18 |
| General Assembly shall not be applicable if such application | 19 |
| would impact the receipt, use, or reimbursement of federal | 20 |
| funds by the Illinois Department of Transportation.
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| (Source: P.A. 79-1009.)
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