SB0635sam002 104TH GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 5/29/2026

10400SB0635sam002 LRB104 06913 TRT 38559 a

AMENDMENT TO SENATE BILL 635

AMENDMENT NO. ______. Amend Senate Bill 635 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Faith-Based Housing and Mixed-Use By-Right Act.

Section 5. Applicability.

(a) Except as provided in subsection (b), this Act applies to all faith-based land within this State.

(b) This Act does not apply to faith-based land that is located within one-quarter mile of:

(1) a heavy industrial use; or

(2) an airport with scheduled commercial service, a public-use seaport, or an active military installation.

(c) A unit of local government bears the burden of demonstrating the applicability of subsection (b) based on substantial evidence in a written determination issued within the periods described in Section 35.

(d) Nothing in this Act shall be construed to conflict with existing residential development projects for which contracts or agreements were executed prior to the effective date of this Act.

Section 10. Definitions. As used in this Act:

"Affordable housing" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

"By-right" means a use and development that is permitted without any discretionary zoning or land use approval, and that may be approved only through ministerial review for compliance with objective standards and generally applicable codes provided that the developments meet the following affordable housing threshold:

(1) Upon the initial offering of any new housing, developments that provide 5 housing units or more shall provide at least 20% of their total rental units as affordable housing units available to low-income or very low-income households or 20% of their total for-sale units to be owner-occupied available to moderate income households.

(2) Developments of 4 units or less shall be exempt from affordable housing requirements, in addition to housing that is solely available for employees of or volunteers for a faith-based organization and their spouses and their dependents.

"Discretionary approval" includes, without limitation, a zoning map amendment, planned development, special use, conditional use, variation, special exception, text amendment required solely to enable the use, comprehensive plan amendment, development agreement required solely to enable the use, or any similar discretionary land use classification or entitlement.

"Faith-based land" means real property in this State that is:

(1) owned in fee simple by a faith-based organization; or

(2) held of record in fee by trustees for the use or benefit of a faith-based organization, religious congregation, or religious corporation; or

(3) leased by a faith-based organization under a recorded lease, with a remaining or initial term of not less than 30 years.

"Faith-based organization" means an organization incorporated or established at least 10 years prior to applying for a permit for a proposed multifamily or mixed-use development on faith-based land under this Act. The organization incorporated or established may be:

(1) a religious corporation;

(2) a religious congregation; or

(3) any nonprofit corporation, not-for-profit corporation, or other nonprofit entity that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code and is controlled by, affiliated with, or acting at the direction of an entity described in paragraph (1) or (2) for religious, charitable, or community-service purposes.

"Generally applicable code" means a building, fire, life-safety, electrical, plumbing, mechanical, energy, accessibility, stormwater, floodplain, health, affordability, parking requirements, or similar code, ordinance, or regulation that:

(1) applies broadly to the jurisdiction or to a zoning district or overlay without regard to the identity of the landowner or the religious status of the property;

(2) is not applied in a manner that imposes requirements on a development authorized by this Act that are more burdensome than those imposed on comparable developments; and

(3) does not include any discretionary approval process, subjective design guideline, or standard whose satisfaction is determined by a board, commission, council, or other discretionary body.

"Group home" means a residential facility providing housing and support services in a community-based environment for individuals requiring assistance due to physical, mental, developmental, or behavioral disabilities.

"Heavy industrial use" means a storage, processing, or manufacturing use:

(1) with processes using flammable or explosive materials in a manner that triggers special hazard occupancy classifications under generally adopted building or fire codes;

(2) involving hazardous conditions regulated under federal or State environmental law; or

(3) that is noxious or offensive from odors, smoke, noise, fumes, or vibrations such that it is commonly separated from residential uses in local zoning practice.

"Low-income household" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

"Ministerial review" means a review limited to confirming compliance with objective standards and generally applicable codes, without discretion to deny, condition, or delay a development based on subjective criteria, public opposition, or policy considerations outside those standards and codes.

"Mixed-use" means use and development of a site consisting of residential and nonresidential uses in which residential uses occupy at least 60% of the total building gross floor area of the development.

"Moderate income household" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

"Multifamily" means development of a site for 3 or more dwelling units within one or more buildings, including a residential condominium.

"Objective standard" means a standard that:

(1) is stated in fixed, measurable, or otherwise ascertainable terms in the text of an ordinance, code, or adopted engineering manual;

(2) is capable of being applied and determined without the exercise of personal, subjective, or aesthetic judgment by a public official or body; and

(3) is uniformly applicable to comparable developments within the jurisdiction.

"Religious corporation" means a corporation formed for religious purposes under the Religious Corporation Act, including a church, congregation, or society incorporated under that Act.

"Religious congregation" means any church, congregation, or society formed for the purposes of religious worship, whether or not incorporated.

"Supportive housing" means residential accommodations combined with on-site or off-site supportive services designed to assist individuals or families in maintaining stable housing and achieving greater independence.

"Trustees" includes trustees, wardens, vestrymen, or other officers performing duties similar to trustees for a religious congregation or religious corporation.

"Very low-income household" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

Section 15. Proof of qualifying status; nondiscrimination.

(a) A faith-based organization may demonstrate qualifying status by submitting any of the following:

(1) a recorded affidavit of incorporation or certified copy thereof for a religious corporation formed under the Religious Corporation Act;

(2) articles of incorporation, an IRS determination letter, or other documentation establishing tax-exempt status under Section 501(c)(3) of the Internal Revenue Code as a religious or charitable organization;

(3) a recorded deed, trust, or other instrument showing ownership or holding of title by trustees for the use or benefit of a religious congregation or religious corporation; or

(4) other objective documentation reasonably sufficient to establish that the applicant is a faith-based organization.

(b) A unit of local government shall not condition approval on the faith-based organization's denomination, theology, mode of worship, or other religious doctrine, and shall apply this Act in a religion-neutral manner.

Section 20. Allowable uses; by-right entitlement.

(a) A unit of local government shall permit the following as allowable by-right uses on faith-based land:

(1) multifamily developments that are not more than 6 stories above grade plane;

(2) mixed-use developments that are not more than 6 stories above grade plane; and

(3) supportive housing or group homes within a multifamily or mixed-use development authorized by this Act.

(b) The by-right entitlement under this Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization.

(c) To conform to this Section, a unit of local government may adopt, by ordinance, clear and objective development standards that govern form and placement of permitted development so long as those standards do not have the effect of prohibiting or materially impeding such development. If a unit of local government does not adopt specific clear and objective standards for permitted development, or adopts, enforces, or applies standards that are in violation of this Act, then permits to develop shall be reviewed according to the default clear and objective standards established in Section 30. A unit of local government may require clear and objective standards for permitted development as long as those standards are not more burdensome than those in the generally applicable code for comparable developments. Local standards may not individually or cumulatively have the effect of prohibiting, materially impeding, or unreasonably delaying the development permitted under this Act.

(d) For the first 12 months after the effective date of this Act, a unit of local government may continue to review permit applications under existing local standards. Beginning immediately after the 12-month period, any local ordinance that conflicts with this Act is void and unenforceable to the extent of the conflict. After the transition period if:

(1) a unit of local government has adopted conforming zoning amendments under Section 20, then the building permit applications shall be reviewed under the updated zoning code; or

(2) a unit of local government has not adopted conforming amendments within 12 months after the effective date of this Act, then the building permit applications shall be reviewed under the default clear-and-objective standards in Section 30.

(e) A faith-based organization shall not engage in unlawful discrimination, as defined in Section 1-103 of the Illinois Human Rights Act, in the rental, lease, or availability of residential property permitted under this Section, or otherwise discriminate against any tenant or prospective tenant.

(f) Faith-based land used for developments permitted by this Section does not qualify for the exemption described in Section 15-40 of the Property Tax Code. However, faith-based land used for developments permitted by this Section may qualify for the exemption described in Section 15-65 of the Property Tax Code if the property is actually and exclusively used for charitable or beneficent purposes, and not leased or otherwise used with a view to profit.

Section 25. Other local development and design standards.

(a) A unit of local government may not require any form of discretionary review for a proposed multifamily or mixed-use development on faith-based land, including, but not limited to, special use permits, planned unit developments, public hearings, or discretionary design review.

(b) A unit of local government may require a proposed multifamily or mixed-use development on faith-based land to comply with regulations that are required for substantially similar multifamily or mixed-use development projects and generally applicable local health and safety, building, accessibility, fire, environmental, sewer, stormwater, and construction phase regulations, and may deny an application for a building permit that does not comply with such regulations. A unit of local government may not adopt, enforce, or apply such regulations in a manner that has the effect of prohibiting or materially impeding the development of a proposed multifamily or mixed-use development on faith-based land, including through categorical restrictions or the imposition of standards that cannot be reasonably satisfied on a typical lot.

(c) A unit of local government may impose ministerial permit fees that do not exceed the ministerial permit fees imposed on comparable multifamily or mixed-use developments. However, a unit of local government may not condition approval on an exaction, dedication, impact fee, or contribution that is not also generally imposed on comparable developments, and any such condition shall be subject to generally applicable constitutional standards.

(d) Residential parking requirements shall be limited to no more than one space per residential unit or the fewest parking spaces required for the by-right residential parking standard under the generally applicable code for comparable developments, whichever is less. Parking requirements for all other permitted nonresidential uses shall be limited to no more than one space per 300 square feet or the fewest parking spaces required for that use type under the local zoning ordinance, whichever is less.

(e) Nothing in this Act shall exempt developments affecting locally designated landmarks or properties within locally designated historic districts from review under an adopted historic preservation ordinance, provided that such ordinance has clear and objective standards and the standards are applied in a generally uniform and nondiscriminatory manner. Review by a historic preservation commission or a similar body applying clear and objective standards must be completed within 30 days of submission of a completed application. Review by a historic preservation commission or a similar body applying objective standards shall not be considered a prohibited discretionary approval under this Act.

Section 30. Default clear and objective standards.

(a) This Section applies to any unit of local government that fails to adopt conforming zoning amendments within 12 months after the effective date of this Act.

(b) A unit of local government's minimum setbacks shall not exceed 10 feet from the front of the building, 10 feet from the rear of the building, and 5 feet from the side of the building, except as required to satisfy generally applicable fire access standards or building code light or ventilation requirements. A unit of local government may not impose a maximum building height of less than 6 stories or 72 feet tall. The maximum lot-coverage limit shall not be less than 60%. The minimum separation between structures on the same lot shall not exceed 6 feet, except as required by the state building code.

(c) Access to a dwelling via an alley or shared driveway must be permitted. Maximum driveway widths must not exceed 10 feet for one-way access or 20 feet for 2-way access. No minimum street-frontage applies if access exists via an easement or alley. No more than one driveway may be required per development.

(d) A unit of local government's regulations for the conversion of an existing building from a different use to a multifamily use or mixed-use development shall not exceed standards imposed by the International Existing Building Code or the equivalent compliance pathways within the jurisdiction's adopted building code for a change of occupancy, provided that this subsection does not limit generally applicable accessibility requirements.

Section 35. Duty to approve; ministerial review; timeliness; deemed approval.

(a) A unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by this Act.

(b) The duty to approve under subsection (a) is ministerial.

(c) Within 15 business days after submission, the unit of local government shall notify the applicant in writing of any specific, objective information required to deem the application complete. If the unit of local government fails to comply with this subsection, then the application shall be deemed complete.

(d) Within 60 days after an application is deemed complete, the unit of local government shall approve or deny the application in a written determination. A denial must identify each specific, objective provision of a generally applicable code or ordinance with which the application fails to comply, and shall describe the corrective action that would result in compliance. If the unit of local government fails to approve or deny an application within the time period required by this subsection, then the application shall be deemed approved by operation of law.

(e) Upon deemed approval, the applicant may request, and the unit of local government shall issue within 10 business days, all permits necessary to commence construction, subject only to compliance with generally applicable building and safety codes.

Section 40. Enforcement.

(a) Any of the following may bring an action to enforce this Act:

(1) a faith-based organization that owns, leases, or is developing faith-based land;

(2) an applicant or developer acting under agreement with a faith-based organization;

(3) any person directly aggrieved by a violation of this Act, including by unlawful denial, unlawful delay, or imposition of prohibited requirements.

(b) An action under this Section shall be brought in the circuit court of the county in which the property is wholly or partly located.

(c) In an action under this Section, the court may:

(1) enter declaratory judgment;

(2) issue a writ of mandamus compelling compliance with this Act;

(3) issue temporary, preliminary, or permanent injunctive relief;

(4) order issuance of permits wrongfully withheld;

(5) award damages for proven economic losses proximately caused by the violation, including carrying costs and increased construction costs attributable to unlawful delay.

(d) The court shall award reasonable attorney's fees and court costs to a prevailing plaintiff.

(e) Any statutory, common law, or governmental immunity of a unit of local government is waived to the extent necessary to effectuate the remedies expressly authorized by this Section, including damages authorized under paragraph (5) of subsection (c).

(f) The circuit court shall prioritize actions under this Act and, upon motion of any party, shall set a hearing on preliminary relief as soon as practicable.

Section 45. Home rule. A home rule municipality may not regulate faith-based land 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.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".