Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart A - GENERAL PROVISIONS › Section 522.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Highway Advertising Control Act of 1971 [225
				  ILCS 440 ].
"Affiliate" means a company that directly, or indirectly
				  through one or more intermediaries, controls, is controlled by, or is under
				  common control with, another company.
"Air mile" means a distance of one mile as measured
				  horizontally along a straight line between the sign and activity
				  advertised.
"Business Area" means any part of an area adjacent to and
				  within660feet of the right-of-way which is at any time zoned for business,
				  commercial or industrial activities under the authority of any law of this
				  State; or not so zoned, but which constitutes an unzoned commercial or
				  industrial area. However, as to signs along Interstate highways, the term
				  "business area" includes only areas which are within incorporated limits of any
				  city, village, or incorporated town, as such limits existed on September 21,
				  1959, and which are zoned for business, industrial or commercial use, or to
				  portions of Interstate highways which traverse other areas where the land use,
				  as of September 21, 1959, was clearly established by State law as business,
				  industrial or commercial. (Section 3.12 of the Act [225 ILCS
				  440/3.12 ]) Areas which were zoned as of September 21,
				  1959 and were not specifically zoned for business, commercial or industrial use
				  as of September 21, 1959 and were outside corporate limits on that date will
				  not be considered business areas along Interstate highways. However, an area
				  zoned for business, commercial or industrial activities that is adjacent to and
				  within 660 feet of an Interstate highway and that is in Township 41 North,
				  Range 10 East of the Third Principal Meridian shall be deemed a business area
				  along Interstate highways. [225 ILCS
				  440/3.12 ] (See PA 95-0340, effective January 1,
				  2008.) Areas which were unzoned on September 21, 1959 may qualify as business
				  areas along Interstate highways if the applicant can show, based on
				  contemporaneous historical records of State actions (e.g., State sales tax
				  records, required State license fees, etc.) that the land on September 21, 1959
				  was and has continuously been used as business, commercial or industrial. Land
				  unzoned on September 21, 1959, used for agricultural and/or farming activities,
				  including but not limited to forestry, ranging, mining and mineral extraction
				  activities, grazing, wayside produce stands and grain storage bins, will not be
				  considered as business, commercial or industrial land uses for purposes of this
				  Part. Additionally, unzoned land used for railroad tracks and minor sidings;
				  transient or temporary activities not involving permanent buildings or
				  structures; outdoor advertising structures; activities not visible from the
				  main-traveled way; activities conducted in a building principally used as a
				  residence (if the ground floor of the building is more than 50% residence); and
				  activities located in buildings that are not integral to the business operation
				  or that are used to store trade equipment and where business transactions do
				  not take place will not be considered as business, commercial or industrial
				  land uses.
"Code" means the Illinois Highway Code [605 ILCS 5 ].
"Commercial or industrial activities," as used in the
				  definition of "business area" and "unzoned commercial or industrial area,"
				  means those activities located within660feet of the nearest edge of the highway
				  right-of-way generally recognized as commercial or industrial by zoning
				  authorities in this State, such as land use devoted to commerce, industry,
				  trade, manufacturing, highway service, highway business, warehouses, offices or
				  similar uses, but for the purpose of determining unzoned commercial and
				  industrial areas does not include the following:
Agricultural, forestry, ranging, mining and mineral
				  extraction activities, grazing and farming activities, including wayside fresh
				  produce stands and grain storage bins;
Railroad tracks and minor sidings;
Transient or temporary activities not involving permanent
				  buildings or structures;
Activities that are conducted in a building that is used to
				  store trade equipment or that is not integral to the business operation where
				  actual business transactions take place;
Outdoor advertising structures;
Activities not visible from a main-traveled way; and
Activities conducted in a building principally used as a
				  residence (if the ground floor of the building is more than 50% residence).
				  (Section
				  3.10 of the Act)
"Damaged signs" means signs that require repair beyond normal
				  maintenance.
"Department" means the Illinois Department of
				  Transportation.
"Directional signs" means signs containing directional
				  information about public places owned or operated by Federal, State or local
				  governments or their agencies; publicly or privately owned natural phenomena;
				  historic, educational, cultural, scientific and religious sites; areas of
				  natural or scenic beauty; or areas naturally suited for outdoor recreation
				  which are deemed to be in the interest of the traveling public.
"Director" means the Director of the Division of Highways or
				  the Director's designee.
"District" means any one of the District offices of the
				  Department's Division of Highways. (See Illustration M.)
"Erect" means to construct, build, raise, assemble, place,
				  affix, attach, create, paint, draw or in any other way bring into being or
				  establish; but does not include any of the foregoing activities when performed
				  as an incident to the change of advertising message or normal maintenance or
				  repair of a sign or sign structure.For the purposes of this definition, the
				  following shall not constitute normal maintenance or repair of a sign or sign
				  structure: replacing more than 60% of the uprights, in whole or in part, of a
				  wooden sign structure; replacing more than 30% of the length above ground of
				  each broken, bent, or twisted support of a metal sign structure; raising the
				  height above ground of a sign or sign structure; making a sign bigger; adding
				  lighting; or similar activities that substantially change a sign or make a sign
				  more valuable. (Section 3.08 of the Act)
"Expressway" means a primary highway constructed either as a
				  freeway or tollway which has complete control of access. (See Illustration A.)
				  (Section 3.04 of the Act)
"Federal, State or local law" means a Federal or State
				  constitutional provision or statute, or an ordinance, rule or regulation
				  enacted or adopted by a State or Federal agency or a political subdivision of a
				  State pursuant to Federal or State constitution or statute.
"Illegal Signs" means signs not in compliance with this
				  Part.
"Interchange" means a system of interconnecting roadways in
				  conjunction with one or more grade separations, providing for the movement of
				  traffic between two or more roadways on different levels.
"Interstate highway" means any highway, including a tollway,
				  designated by the Department and approved by the United States Department of
				  Transportation as a part of the National System of Interstate and Defense
				  Highways. A highway becomes a part of the National System of Interstate and
				  Defense highways upon the date of approval of the Route Location Decision and
				  the approval of the addition of the highway to the National System of
				  Interstate and Defense Highways by the Governor and the United States
				  Department of Transportation. (Section 3.02 of the Act)
"Main-traveled way" means the traveled way (i.e., pavement)
				  of a highway on which through traffic is carried. In the case of a divided
				  highway, the traveled way of each of the separated roadways for traffic in
				  opposite directions is a main-traveled way. It does not include such facilities
				  as frontage roads, turning roadways, or parking areas. (Section 3.05 of the
				  Act)
"Maintain" means to allow to existand includes the periodic
				  changing of advertising messages as well as the normal maintenance or repair of
				  signs and sign structures. (Section 3.06 of the Act)
"Multiple Message Sign" means an outdoor advertising sign
				  that displays a series of message changes, regardless of the technology used. A
				  multiple message sign provides for a fixed message of at least ten seconds in
				  length with a transition time between message changes of three seconds or less.
				  Multiple message signs contain a default design that will freeze the message in
				  one position if a malfunction occurs.
"Municipality" means a city, village, or incorporated town in
				  the State of Illinois, but, "municipal" or "municipality" does not include a
				  township, town when used as the equivalent of a township, incorporated town
				  which has superseded a civil township, county, school district, park district,
				  sanitary district or any other similar governmental district. (Section 3.09 of
				  the Act)
"National Highway System" means the designation provided to
				  certain highways by the Department, which designation must be approved by the
				  United States Department of Transportation and the United States Congress for
				  the purpose of providing an interconnected system of principal arterial routes
				  that serve major population centers, international border crossings, ports,
				  airports, public transportation facilities, other major travel destinations,
				  and interstate and inter-regional travel and meet national defense
				  requirements. (Section 3.15 of the Act)
"Non-conforming sign and/or sign structure" means a
				  registered sign and/or sign structure lawfully in existence as of the effective
				  date of the Highway Advertising Control Act (July 1, 1972), but which
				  thereafter does not conform with the provisions of the Act. The term also
				  includes a lawful sign and/or sign structure rendered non-conforming by its
				  subsequently becoming subject to the terms of the Act, including but not
				  limited to its being adjacent to a highway, and not in a business area, that
				  subsequently comes under control of the Act or a sign and/or sign structure
				  that is rendered non-conforming by subsequent amendment to the Act (except that
				  sign and/or sign structures subject to the amendments of Section 6.01(Size) and
				  6.03(Spacing) of the Act by Public Act 87-1205 shall not be rendered
				  non-conforming, the text of this definition notwithstanding). A non-conforming
				  sign and/or sign structure may be maintained, but neither a lawfully erected
				  conforming sign and/or sign structure nor a lawfully erected non-conforming
				  sign and/or sign structure may be compelled to be altered or removed under this
				  Act until just compensation is paid to the sign and/or sign structure owner and
				  the owner or owners of the property on which the sign and/or sign structure is
				  erected.
"Official notices" means service club and religious notices
				  and public service signs.
"Official signs" means signs erected and maintained by public
				  officers or public agencies within their territorial or zoning jurisdiction and
				  pursuant to and in accordance with direction or authorization contained in
				  Federal, State or local law for the purposes of carrying out an official duty
				  or responsibility. Historical markers authorized by State law and erected by
				  State or local government agencies or non-profit historical societies are
				  considered official signs.
"On premise signs" means those signs which advertise
				  activities conducted on the property on which they are located. Variety seed
				  signs, fertilizer signs, and other agricultural product signs are not on
				  premise signs unless at least 50 percent of the sign face is devoted to
				  identification of the farm owner or operator. A sale or lease sign which also
				  advertises any product or service not located upon and unrelated to the
				  business of selling or leasing the land on which the sign is located is not an
				  on premise sign.
"Parkland" means any publicly owned land which is designed or
				  used as a public park, recreation area, conservation area, wildlife or
				  waterfowl refuge or historic site.
"Primary highway" means any highway, other than an Interstate
				  highway, designated by the Department and approved by the United States
				  Department of Transportation as a part of the Federal-Aid Primary Systemin
				  existence on June 1, 1991 or any highway other than an Interstate highway that
				  is not on such system that is on the National Highway System. (Section 3.03 of
				  the Act)
"Public utility signs" means warning signs, informational
				  signs, notices or markers which are erected and maintained by publicly or
				  privately owned public utilities as essential to their operations.
"Responsible Local Officials" means in urbanized areas,
				  principal elected officials of general purpose local governments acting through
				  the Metropolitan Planning Organization designated by the Governor; or in urban
				  areas not within any urbanized area, principal elected officials of general
				  purpose local governments.
"Rest area" means an area or site established and maintained
				  within or adjacent to the highway right-of-way by or under public supervision
				  or control for the convenience of the traveling public.
"Right-of-way" includes all property, whether it is presently
				  being used for highway purposes or not, either under the jurisdiction of the
				  Department or owned in fee by the State of Illinois or dedicated to the People
				  of the State of Illinois for highway purposes, for which the jurisdiction,
				  maintenance, administration, engineering or improvement of any highway situated
				  thereon has been contracted by the Department to any other highway authority
				  pursuant to Section 4-409 of the Highway Code.
"Scenic area" means any area of particular scenic beauty or
				  historical significance as determined by Federal, State or local officials
				  having jurisdiction over said areas, and includes interests in land which have
				  been acquired for the restoration, preservation and enhancement of scenic
				  beauty.
"Scenic byway" means that portion of a highway that has been
				  nominated by the Department to the United States Department of Transportation
				  for designation as a National Scenic Byway or All-American Road, and that has
				  received national designation. "Scenic byway" does not include a section of
				  primary or Interstate highway that traverses a business area at the time of
				  nomination, except in accordance with Section 14.02(a)(5) of the Act. (Section
				  3.16 of the Act)
"Secretary" means the Secretary of the Department.
"Service club and religious notices" means signs and notices
				  relating to meetings of not for profit service clubs and charitable
				  associations, or religious services.
"Sign" means any outdoor sign, display, device, notice,
				  figure painting, drawing, message, placard, poster, billboard, or other thing,
				  which is designated, intended or used to advertise or inform, and of which any
				  part of the existing or intended advertising or informative contents is or will
				  be visible from any place on the main-traveled way of any portion of an
				  Interstate or primary highway and which is within660feet of the nearest edge of
				  the right-of-way of such highway. (Section 3.07 of the Act)
"Sign" also means any sign described above which is more
				  than660feet from the nearest edge of such highway right-of-way, outside of an
				  urban area, visible from any place on the main-traveled way of any portion of
				  such highway and erected with purpose of its message being read from such
				  main-traveledway. (Section 3.07 of the Act)
"Sign Structure" means the assembled components which make up
				  an outdoor advertising display, including but not limited to uprights,
				  supports, display area and trim.
"Unzoned commercial or industrial area" means any area
				  adjacent to the right-of-way of a primary highway or an Interstate highway for
				  purposes of Section
				  522.210,
				  not zoned by any county or municipality and which lies within600feet of any
				  commercial or industrial activity. All measurements shall be from the outer
				  edges of the regularly used buildings, parking lots, storage or processing
				  areas of the activities, not from the property lines of the activities, and
				  shall be along or parallel to the edge or pavement of the highway. On primary
				  highways other than expressways, but not along Interstate highways for purposes
				  of Section 522.210, where there is an unzoned commercial or industrial area on
				  one side of the road in accordance with the preceding, the unzoned commercial
				  or industrial area shall also include those lands directly opposite on the
				  other side of the highway to the extent of the same dimensions except where
				  such lands are publicly owned or controlled for scenic or recreational
				  purposes. (See Illustration B.) (Section 3.11 of the Act)
"Urban area" means an urbanized area or, in the case of an
				  urbanized area encompassing more than one state, that part of the urbanized
				  area in each such state, or an urban place as designated by the Bureau of the
				  Census of the United States having a population of 5,000 or more and not within
				  any urbanized area, within boundaries to be fixed by responsible state and
				  local officials in cooperation with each other, subject to approval by the
				  Secretary of the United States Department of Transportation. Such boundaries
				  shall, as a minimum, encompass the entire urban place designated by the Bureau
				  of the Census. (Section 3.14 of the Act)
"Visible" means capable of being seen (whether or not
				  legible) without visual aid by persons of normal visual acuity. (Section 3.13
				  of the Act)