SB2048 103RD GENERAL ASSEMBLY

LRB103 26518 AWJ 52881 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2048

Introduced 2/9/2023, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12022 new
60 ILCS 1/110-17 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. Prohibits restricts based upon the age of a manufactured home. Provides that a person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on the property if the pre-owned manufactured home is in compliance with specified provisions and is on property that is zoned for residential use. Provides that a county, township, or municipality may establish health and safety standards for pre-owned manufactured homes that are relocated from one location to another location and an inspection program for those pre-owned manufactured homes. Provides that the county, township, or municipality and the individual performing an inspection are not liable for any injuries to a person resulting from any defects or conditions in the pre-owned manufactured home. Defines "pre-owned manufactured home".

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.

(a) As used in this subsection, "pre-owned manufactured home" means a manufactured home that has been previously used as a residential dwelling and has been titled.

(b) 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 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.

Restrictions prohibited by this subsection include restrictions of a manufactured home based upon the age of the manufactured home.

(c) A person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on the property if the pre-owned manufactured home is in compliance with restrictions allowed under subsection (b) and is on property that is zoned for residential use.

(d) A county may establish health and safety standards for pre-owned manufactured homes that are relocated from one location to another location and an inspection program for those pre-owned manufactured homes. The county and the individual performing an inspection are not liable for any injuries to a person resulting from any defects or conditions in the pre-owned manufactured home.

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.

(a) As used in this subsection, "pre-owned manufactured home" means a manufactured home that has been previously used as a residential dwelling and has been titled.

(b) 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.

Restrictions prohibited by this subsection include restrictions of a manufactured home based upon the age of the manufactured home.

(c) A person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on the property if the pre-owned manufactured home is in compliance with restrictions allowed under subsection (b) and is on property that is zoned for residential use.

(d) A township may establish health and safety standards for pre-owned manufactured homes that are relocated from one location to another location and an inspection program for those pre-owned manufactured homes. The township and the individual performing an inspection are not liable for any injuries to a person resulting from any defects or conditions in the pre-owned manufactured home.

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

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

Sec. 11-13-28. Industrialized residential structures and manufactured homes.

(a) As used in this subsection, "pre-owned manufactured home" means a manufactured home that has been previously used as a residential dwelling and has been titled.

(b) Except as provided for in Sections 11-12-5 and 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.

Restrictions prohibited by this subsection include restrictions of a manufactured home based upon the age of the manufactured home.

(c) A person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on the property if the pre-owned manufactured home is in compliance with restrictions allowed under subsection (b) and is on property that is zoned for residential use.

(d) A municipality may establish health and safety standards for pre-owned manufactured homes that are relocated from one location to another location and an inspection program for those pre-owned manufactured homes. The municipality and the individual performing an inspection are not liable for any injuries to a person resulting from any defects or conditions in the pre-owned manufactured home.