94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0999

 

Introduced 2/3/2005, by Rep. Kevin Joyce

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12025 new
65 ILCS 5/11-80-15   from Ch. 24, par. 11-80-15

    Amends the Counties Code and the Illinois Municipal Code. Provides that no county or municipality may adopt a zoning or other ordinance or resolution that requires the removal or alteration of any lawfully erected sign without providing for payment of just compensation, as determined by agreement between the parties or through eminent domain proceedings. Provides that these provisions do not apply if the owner of the land on which the sign is located is seeking to have the property zoned for single family residential use or when the ordinance or resolution permits the construction of a replacement sign that cannot be erected without the removal of the lawfully erected sign.


LRB094 07039 AJO 37181 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0999 LRB094 07039 AJO 37181 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Counties Code is amended by adding Section
5 5-12025 as follows:
 
6     (55 ILCS 5/5-12025 new)
7     Sec. 5-12025. Removal or alteration of signs. No county may
8 adopt a zoning or other ordinance or resolution that requires
9 the removal or alteration of any lawfully erected sign without
10 providing for payment of just compensation, as determined by
11 agreement between the parties or through eminent domain
12 proceedings. This Section does not apply if the owner of the
13 land on which the sign is located is seeking to have the
14 property zoned for single family residential use or when the
15 ordinance or resolution permits the construction of a
16 replacement sign that cannot be erected without the removal of
17 the lawfully erected sign.
 
18     Section 10. The Illinois Municipal Code is amended by
19 changing Section 11-80-15 as follows:
 
20     (65 ILCS 5/11-80-15)  (from Ch. 24, par. 11-80-15)
21     Sec. 11-80-15. Street advertising; adult entertainment
22 advertising.
23     (a) The corporate authorities of each municipality may
24 license street advertising by means of billboards, sign boards,
25 and signs and may regulate the character and control the
26 location of billboards, sign boards, and signs upon vacant
27 property and upon buildings.
28     (b) The corporate authorities of each municipality may
29 further regulate the character and control the location of
30 adult entertainment advertising placed on billboards, sign

 

 

HB0999 - 2 - LRB094 07039 AJO 37181 b

1 boards, and signs upon vacant property and upon buildings that
2 are within 1,000 feet of the property boundaries of schools,
3 day care centers, cemeteries, public parks, and places of
4 religious worship.
5     For the purposes of this subsection, "adult entertainment"
6 means entertainment provided by an adult bookstore, striptease
7 club, or pornographic movie theater whose business is the
8 commercial sale, dissemination, or distribution of sexually
9 explicit materials, shows, or other exhibitions.
10     (c) No municipality may adopt a zoning or other ordinance
11 or resolution that requires the removal or alteration of any
12 lawfully erected sign without providing for payment of just
13 compensation, as determined by agreement between the parties or
14 through eminent domain proceedings. This subsection does not
15 apply if the owner of the land on which the sign is located is
16 seeking to have the property zoned for single family
17 residential use or when the ordinance or resolution permits the
18 construction of a replacement sign that cannot be erected
19 without the removal of the lawfully erected sign.
20 (Source: P.A. 89-605, eff. 8-2-96.)