SB2201 102ND GENERAL ASSEMBLY

LRB102 15833 AWJ 21202 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2201

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12022 new
60 ILCS 1/110-17 new
65 ILCS 5/11-12-6.5 new
65 ILCS 5/11-13-28 new

Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure or a manufactured home on real property, provided that: (1) an industrialized residential structure or manufactured home is compatible with the character of a respective district; (2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and (3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures. Limits home rule powers.

HOME RULE 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 5-12022 as follows:

(55 ILCS 5/5-12022 new)

Sec. 5-12022. Industrialized residential structures and manufactured homes.Except as provided for in Section 5-12001, a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure, as defined in Section 5 of the Industrialized Residential Structure Deed Restriction Act, or a manufactured home, as defined in Section 10 of the Manufactured Home Quality Assurance Act, on real property, provided that:

(1) an industrialized residential structure or manufactured home is compatible with the character of a respective district;

(2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure that are applicable to all residential structures in the respective district; and

(3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures.

A home rule county may not regulate industrialized residential structures or manufactured homes in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the current exercise by home rule units of power and functions exercised by the State.

Section 10. The Township Code is amended by adding Section 110-17 as follows:

(60 ILCS 1/110-17 new)

Sec. 110-17. Industrialized residential structures and manufactured homes. Except as provided for in Section 110-10, a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure, as defined in Section 5 of the Industrialized Residential Structure Deed Restriction Act, or a manufactured home, as defined in Section 10 of the Manufactured Home Quality Assurance Act, on real property, provided that:

(1) an industrialized residential structure or manufactured home is compatible with the character of a respective district;

(2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and

(3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures.

Section 15. The Illinois Municipal Code is amended by adding Sections 11-12-6.5 and 11-13-28 as follows:

(65 ILCS 5/11-12-6.5 new)

Sec. 11-12-6.5. Industrialized residential structures and manufactured homes. Except as provided for in Section 11-12-5, a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure, as defined in Section 5 of the Industrialized Residential Structure Deed Restriction Act, or a manufactured home, as defined in Section 10 of the Manufactured Home Quality Assurance Act, on real property, provided that:

(1) an industrialized residential structure or manufactured home is compatible with the character of a respective district;

(2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and

(3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures.

A home rule municipality may not regulate industrialized residential structures or manufactured homes in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the current exercise by home rule units of power and functions exercised by the State.

(65 ILCS 5/11-13-28 new)

Sec. 11-13-28. Industrialized residential structures and manufactured homes. Except as provided for in Section 11-13-1, a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure, as defined in Section 5 of the Industrialized Residential Structure Deed Restriction Act, or a manufactured home, as defined in Section 10 of the Manufactured Home Quality Assurance Act, on real property, provided that:

(1) an industrialized residential structure or manufactured home is compatible with the character of a respective district;

(2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and

(3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures.

A home rule municipality may not regulate industrialized residential structures or manufactured homes in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the current exercise by home rule units of power and functions exercised by the State.