HB3552 104TH GENERAL ASSEMBLY

LRB104 11169 RTM 21251 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3552

Introduced 2/18/2025, by Rep. Kam Buckner, Michelle Mussman and Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Accessory Dwelling Unit Act. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Provides that, for the purposes of the Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: (1) explicitly disallows the construction of accessory dwelling units; (2) imposes fees other than building permit review; (3) applies standards that would render such units inconsistent with other local land use laws; (4) imposes design, bulk, and density standards that would physically preclude the project; (5) requires off-street parking spaces; or (6) requires corrections of nonconformities of the principal dwelling unit. Provides that that a unit of local government shall approve or deny an application for a permit to create or serve an accessory dwelling unit by right and without discretionary review. Requires the unit of local government to either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. Provides that, if the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved unless the Act provides for additional time. Provides that, if a unit of local government denies an application for an accessory dwelling unit, then the unit of local government shall return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Provides that a unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Defines terms. Limits home rule powers.

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 1. Short title. This Act may be cited as the Local Accessory Dwelling Unit Act.

Section 5. Definitions. As used in this Act:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing principal residence and must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling it is or will be situated. "Accessory dwelling unit" includes, but is not limited to:

(1) an efficiency unit; and

(2) a manufactured home, as that term is defined in paragraph (53) of subsection (a) of Section 9-102 of the Uniform Commercial Code.

"Discretionary review" means review of a housing proposal or building permit application by a government official or governing body which involves personal judgment by any public officials and involves any criteria other than whether a proposal meets pre-existing building codes or design standards.

"Efficiency unit" means a unit for occupancy by no more than 2 persons which has a minimum floor area of 150 square feet and may also have a partial kitchen or bathroom facilities.

"Multi-family dwelling" means any improved real property used or intended to be used as a residence and that contains more than one dwelling unit. "Multi-family dwelling" includes, but is not limited to, a condominium or cooperative, and single room occupancy housing developments.

"Off-street parking" means parking facilities for the parking of motor vehicles off the public streets. "Off-street parking" includes:

(1) graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, and drained sites used for parking motor vehicles off the public streets;

(2) driveways, ramps, structures, buildings, elevators, and traffic control equipment used for parking motor vehicles off the public streets; and

(3) all appurtenances and incidentals necessary, useful, or desirable for parking motor vehicles off the public streets.

"Principal dwelling unit" means an existing or proposed single-family dwelling or multi-family dwelling that is located on the lot where the accessory dwelling unit will be constructed or converted.

"Single-family dwelling" means a residential building structure that is designed and used as a single unit of residential occupancy, housing one family, with direct access to the outside, and providing complete, independent living facilities including provisions for living, sleeping, eating, cooking, and sanitation.

Section 10. Regulation of accessory dwelling units.

(a) A unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government.

(b) A unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units of at least 1,200 square feet.

(c) For the purposes of this Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it:

(1) explicitly disallows the construction of accessory dwelling units;

(2) contain fees other than building permit review fees;

(3) applies standards that would render such units inconsistent with other local land use laws;

(4) imposes design, bulk, and density standards that would physically preclude the project;

(5) requires off-street parking spaces; or

(6) requires corrections of nonconformities of the principal dwelling unit.

Section 15. Applications to create or serve accessory dwelling units.

(a) When a unit of local government that has not adopted an ordinance governing accessory dwelling units receives an application for a permit to create or serve an accessory dwelling unit, the unit of local government shall approve or disapprove the application by right and without discretionary review. The unit of local government shall either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create or serve an accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multi-family dwelling on the lot, then the unit of local government may delay approving or denying the permit application for the accessory dwelling unit until the unit of local government approves or denies the permit application to create or serve the new single-family dwelling or multi-family dwelling, but the application to create or serve the accessory dwelling unit shall still be considered by right and without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved.

(b) If a unit of local government denies an application for an accessory dwelling unit under subsection (a), then the unit of local government shall, within the time period described in subsection (a), return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(c) The unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

Section 20. Home rule. A home rule unit may not regulate accessory dwelling units in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.