HB0999 94TH GENERAL ASSEMBLY

LRB094 07039 AJO 37181 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by adding Section 5-12025 as follows:

(55 ILCS 5/5-12025 new)

Sec. 5-12025. Removal or alteration of signs. No county 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. This Section does 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.

Section 10. The Illinois Municipal Code is amended by changing Section 11-80-15 as follows:

(65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)

Sec. 11-80-15. Street advertising; adult entertainment advertising.

(a) The corporate authorities of each municipality may license street advertising by means of billboards, sign boards, and signs and may regulate the character and control the location of billboards, sign boards, and signs upon vacant property and upon buildings.

(b) The corporate authorities of each municipality may further regulate the character and control the location of adult entertainment advertising placed on billboards, sign boards, and signs upon vacant property and upon buildings that are within 1,000 feet of the property boundaries of schools, day care centers, cemeteries, public parks, and places of religious worship.

For the purposes of this subsection, "adult entertainment" means entertainment provided by an adult bookstore, striptease club, or pornographic movie theater whose business is the commercial sale, dissemination, or distribution of sexually explicit materials, shows, or other exhibitions.

(c) No 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. This subsection does 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.

(Source: P.A. 89-605, eff. 8-2-96.)