SB4060 104TH GENERAL ASSEMBLY

LRB104 20890 RTM 34564 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4060

Introduced 2/19/2026, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Municipal Code. Provides that a municipality shall provide for at least one residential zoning district in which detached single-family dwellings are permitted on lots with an area of not more than 2,500 square feet. Provides that a municipality may not require a minimum lot area of more than 2,500 square feet for detached single-family dwellings in any residential zoning district that permits detached single-family dwellings. Provides that, 8 months after the effective date of the amendatory Act, a municipality shall, on any lot located in a residential zoning district that permits single-family dwellings, allow (1) on an area of not more than 2,500 square feet, at least one detached single-family dwelling unit; (2) on any lot with an area of more than 2,500 square feet and not more than 5,000 square feet, up to 4 dwelling units; (3) on any lot with an area of more than 5,000 square feet and not more than 7,500 square feet, up to 6 dwelling units; and (4) on any lot with an area of more than 7,500 square feet, up to 8 dwelling units, including cottage clusters. Provides that a municipality must allow an existing principal residential structure to be converted to any middle-housing type if (1) the structure is not expanded by more than 50% of its existing floor area or more than 1,200 square feet, whichever is greater; and (2) the conversion complies with applicable building codes and preservation or landmark laws. Provides that municipalities may not adopt or enforce standards for bulk, lot area, yards, height, automobile parking, density, floor-area ratio, lot coverage, access, unit size, building separation, and design that (1) impose requirements on middle housing that are more restrictive than those applicable to detached single-family dwellings; (2) require automobile parking mandates for residential dwellings of less than 1,500 square feet and require automobile parking mandates no greater than specified requirements; and (3) require any form of discretionary review, unless the same review is required for detached single-family dwellings. 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 5. The Illinois Municipal Code is amended by adding Division 13.1 as follows:

(65 ILCS 5/Art. 11 Div. 13.1 heading new)

Division 13.1. MIDDLE HOUSING

(65 ILCS 5/11-13.1-1 new)

Sec. 11-13.1-1. Purpose. The purpose of this Division is to expand housing choice, increase the supply of attainable housing, and establish uniform statewide standards for middle housing production while preserving reasonable, non-exclusionary municipal design and siting authority.

(65 ILCS 5/11-13.1-5 new)

Sec. 11-13.1-5. Definitions. As used in this Division:

"Attached courtyard housing" means a form of middle housing consisting of 2 or more attached dwelling units arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Clear and objective standard" means a standard that does not require discretionary judgment in its interpretation or application and that applies uniformly to all applicants.

"Common courtyard" means a landscaped or hardscaped area accessible to multiple dwelling units that provides pedestrian access and passive or active recreation.

"Cottage cluster" means a grouping of 3 or more detached or semi-detached dwelling units on a shared lot or parcel, arranged around common open space, and served by shared pedestrian or vehicular access.

"Detached courtyard housing" means a form of middle housing consisting of 2 or more detached dwelling units located on a shared lot or parcel and arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Discretionary review" means any land-use or development approval that requires the exercise of subjective judgment by a legislative body, planning commission, zoning board of appeals, architectural review board, or similar body, including, but not limited to, special uses, conditional uses, variances, planned unit developments, or non-objective design review. "Discretionary review" does not include:

(1) ministerial building permit review for compliance with clear and objective standards;

(2) historic preservation review required solely for the demolition of a structure designated as a local, State, or national historic landmark; or

(3) environmental or safety review required by State or federal law.

"Middle housing" means:

(1) duplexes;

(2) triplexes;

(3) fourplexes;

(4) cottage clusters;

(5) townhouses;

(6) attached courtyard housing;

(7) detached courtyard housing; and

(8) stacked-flat plexes

"Middle housing land division" means the division of land containing middle housing to allow fee-simple ownership of one or more dwelling units consistent with Section 11-13.1-40.

"Pedestrian path" means a walkway connecting at least one building entrance to a public or private street that complies with the provisions of the Americans with Disabilities Act of 1990 and its implementing regulations.

"Public transit" means fixed-route bus, commuter rail, light rail, rapid transit, or other publicly operated or publicly subsidized transit with regularly scheduled service.

"Residential zoning district" means any municipal zoning district in which detached single-family dwellings are a permitted use.

"Stacked-flat plex" means a middle-housing building type containing between 2 and 8 dwelling units, where units are arranged in vertical tiers and accessed by shared or individual entrances, and the overall building is designed to be similar in scale and massing to a detached single-family house.

(65 ILCS 5/11-13.1-10 new)

Sec. 11-13.1-10. Statewide middle-housing entitlements.

(a) This Section applies to every residential zoning district in every municipality with zoning authority under this Code.

(b) A municipality shall provide for at least one residential zoning district in which detached single-family dwellings are permitted on lots with an area of not more than 2,500 square feet. A municipality may not require a minimum lot area of more than 2,500 square feet for detached single-family dwellings in any residential zoning district that permits detached single-family dwellings.

(c) The following residential unit allowances are permitted on any lot located in a residential zoning district that permits detached single-family dwellings:

(1) On any lot with an area of not more than 2,500 square feet, at least one detached single-family dwelling unit shall be permitted as of right.

(2) Up to 4 dwelling units are permitted as of right on any lot with an area of more than 2,500 square feet and not more than 5,000 square feet.

(3) Up to 6 dwelling units are permitted as of right on any lot with an area of more than 5,000 square feet and not more than 7,500 square feet.

(4) Up to 8 dwelling units, including cottage clusters, are permitted as of right on any lot with an area of more than 7,500 square feet. Each individual cottage counts as a dwelling unit for purposes of this paragraph (4).

(d) Municipalities may authorize unit counts or densities that exceed the allowances established in this Section but may not reduce them.

(e) For the first 8 months after the effective date of this amendatory Act of the 104th General Assembly, municipalities may continue to review middle-housing permit applications under existing local standards. During this period, municipalities may not adopt new standards that reduce the minimum dwelling-unit entitlements set forth in subsection (b). Beginning immediately after the 8-month period, any municipal ordinance that conflicts with subsection (b) is void and unenforceable to the extent of the conflict. After the transition period:

(1) if a municipality has adopted conforming zoning amendments under Section 11-13.1-45, then permit applications shall be reviewed under the municipality's updated zoning code; and

(2) if a municipality has not adopted conforming amendments within 8 months after the effective date of this amendatory Act of the 104th General Assembly, then permit applications shall be reviewed under the default clear-and-objective standards in Section 11-13.1-35.

(f) Any residential zoning district that permits detached single-family dwellings shall also permit the dwelling unit allowance required under this Section, regardless of zoning classification or district name.

(65 ILCS 5/11-13.1-15 new)

Sec. 11-13.1-15. Conversion of existing residential structures.

(a) A municipality must allow an existing principal residential structure to be converted to any middle-housing type up to the maximum units permitted under Section 11-13.1-10 if:

(1) the structure is not expanded by more than 50% of its existing floor area or more than 1,200 square feet, whichever is greater; and

(2) the conversion complies with applicable building codes and preservation or landmark laws.

(b) A compliant conversion shall not be subject to site-development standards that apply only to new construction.

(65 ILCS 5/11-13.1-20 new)

Sec. 11-13.1-20. Local development and design standards.

(a) Municipal standards for bulk, lot area, yards, height, automobile parking, density, floor-area ratio, lot coverage, access, unit size, building separation, and design are enforceable only if the standards:

(1) are clear and objective; and

(2) do not, individually or cumulatively, preclude or materially discourage the development of middle housing on typical lots in the zoning district, or unreasonably delay development of the minimum dwelling-unit allowances established under Section 11-13.1-10.

(b) Municipalities may not adopt or enforce standards for bulk, lot area, yards, height, automobile parking, density, floor-area ratio, lot coverage, access, unit size, building separation, and design that:

(1) impose requirements on middle housing that are more restrictive than those applicable to detached single-family dwellings;

(2) require automobile parking mandates for residential dwellings of less than 1,500 square feet and require automobile parking mandates no greater than:

(A) 0.5 automobile parking spaces per multifamily dwelling unit; or

(B) more than one automobile parking space per single family home; and

(3) require any form of discretionary review, including, but not limited to, special use permits, planned unit developments, public hearings, or discretionary design review, unless the same review is required for detached single-family dwellings.

(65 ILCS 5/11-13.1-25 new)

Sec. 11-13.1-25. Administrative processing. Middle-housing applications that comply with clear and objective standards must be processed:

(1) as a permitted use;

(2) without discretionary review; and

(3) within the same timeframe applied to detached single-family dwellings.

Nothing in this Section shall be construed to prohibit demolition review required under an adopted historic preservation ordinance for a locally, State, or nationally designated historic resource.

(65 ILCS 5/11-13.1-30 new)

Sec. 11-13.1-30. Default clear and objective standards.

(a) This Section applies in any municipality that:

(1) fails to adopt conforming zoning amendments within 8 months after the effective date of this amendatory Act of the 104th General Assembly; or

(2) has adopted zoning provisions that conflict with this Division.

If this Section applies to a municipality, then the standards under this Section apply in all residential zoning districts in the municipality and the permit applications in residential zoning districts within the municipality shall be reviewed solely under this Division.

(b) A municipality's minimum setbacks for dwellings shall not exceed 10 feet from the front of the dwelling; 5 feet from either side of the dwelling; 10 feet from the rear of the dwelling; or 10 feet from the corner of the corner-lot street. Municipalities may not impose a maximum building height of less than 35 feet. Any additional height reductions based on building form, articulation, roof type, or architectural style are invalid. The maximum lot-coverage limit shall not be less than 70%. The maximum floor-area-ratio limit shall not be less than 1.5. The minimum separation between structures on the same lot shall not exceed 6 feet, except as required by the State Fire Code.

(c) The maximum number of required automobile parking spaces is 0.5 spaces per multifamily dwelling unit. No automobile parking may be required for any lot located within one-half mile of public transit. Municipal automobile parking design standards are limited to surfacing, emergency-access, and drainage requirements under State law.

(d) Access to a dwelling via an alley or shared driveway must be permitted. The municipality's maximum driveway widths must not exceed (i) 10 feet for one-way access or (ii) 18 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.

(e) Design standards are applicable to all residential development, including middle housing. Design standards are limited to:

(1) at least one primary entrance facing the street, except for cottage clusters;

(2) roof-drainage compliance with State plumbing codes and stormwater codes;

(3) at least 20% transparency on street-facing facades;

(4) materials permitted under the State building code; and

(5) no standards based on subjective criteria, including, but not limited to, compatibility, character, and context.

(f) Design standards for middle-housing include the following standards:

(1) Design standards for cottage clusters include the following standards:

(A) The minimum unit size shall be at least 150 square feet.

(B) Cottage clusters shall contain a common open space of at least 150 square feet per unit.

(C) Automobile parking in cottage clusters may be consolidated.

(D) Cottage clusters shall contain pedestrian paths required, as needed, for fire safety and life safety.

(2) Complexes of between 2 and 8 units may occupy the same building envelope allowed for a detached single-family dwelling under this Section. Municipalities may not require complexes of between 2 and 8 units to have design differentiation from single-family structures.

(3) The design standards for a townhomes may not require minimum rear setbacks greater than 10 feet, except that lots with rear alley access shall not be required to have minimum rear setbacks greater than 0 feet. The design standards for a townhomes shall include minimum setbacks at a common wall property line of greater than 0 feet.

(4) Existing buildings may be converted to up to 8 units of middle housing without triggering standards applicable only to new construction, other than life-safety codes. A building's existing nonconformities need not be corrected.

(g) Municipalities shall approve land subdivisions, condo-alternatives, or attached-dwelling plats that enable fee-simple ownership. Lot-size, dimension, and frontage requirements shall not preclude the divisions. Shared areas may be governed by easements, covenants, or owners' associations.

(65 ILCS 5/11-13.1-35 new)

Sec. 11-13.1-35. Middle-housing land divisions. Municipalities shall approve a middle-housing land division if the application demonstrates that:

(1) each dwelling unit has separate utility connections or easements;

(2) private and common areas, access ways, and shared facilities are protected by recorded easements or agreements;

(3) the proposed middle-housing land division does not conflict with the municipality's building safety codes; and

(4) the middle-housing land division preserves the ability to meet applicable standards under this Division.

A middle-housing land division shall not be denied based on minimum lot-size, density, or similar standards.

(65 ILCS 5/11-13.1-40 new)

Sec. 11-13.1-40. Municipality requirements.

(a) Each municipality must amend its zoning ordinance to conform to this Division within 8 months after the effective date of this amendatory Act of the 104th General Assembly.

(b) If a municipality fails to adopt conforming amendments within 8 months after the effective date of this amendatory Act of the 104th General Assembly, then the default clear-and-objective standards in Section 11-13.1-30 shall automatically apply.

(c) Any municipal ordinance that conflicts with this Division is void and unenforceable to the extent of the conflict 8 months after the effective date of this amendatory Act of the 104th General Assembly.

(d) During the first 8 months after the effective date of this amendatory Act of the 104th General Assembly, municipalities may continue to review middle-housing permit applications under existing local standards. No municipality may adopt new standards during this period that reduce the minimum dwelling-unit entitlements in subsection (c) of Section 11-13.1-10.

(e) Any person or entity aggrieved by a municipality's action or inaction alleged to violate this Division may bring an action for declaratory or injunctive relief in a court of competent jurisdiction. If the court finds that a municipality has violated this Division, then the court shall award reasonable attorney's fees and costs to the prevailing plaintiff. Nothing in this subsection shall be construed to limit any other remedies available at law or in equity.

(65 ILCS 5/11-13.1-45 new)

Sec. 11-13.1-45. Conflict. In case of any conflict between the provisions of this Division and Division 11-13, the provisions of this Division shall prevail and control.

(65 ILCS 5/11-13.1-50 new)

Sec. 11-13.1-50. Home rule. A home rule unit may not regulate middle housing in a manner inconsistent with this Division. This Division 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.