SB4064 104TH GENERAL ASSEMBLY

LRB104 20886 RTM 34556 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4064

Introduced 2/19/2026, by Sen. Javier L. Cervantes

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-30 new

Amends the Illinois Municipal Code. Provides that, beginning January 1, 2027, the corporate authorities of a municipality shall not require more than 0.5 automobile parking spaces per multifamily dwelling unit or more than one automobile parking space per single-family home. Provides that, beginning January 1, 2027, the corporate authorities of a municipality shall not establish minimum automobile parking requirements for (A) residential dwellings of less than 1,500 square feet; (B) affordable housing projects under the Illinois Affordable Housing Act; (C) assisted living establishments; (D) ground level nonresidential spaces in mixed-use buildings; or (E) buildings undergoing a change of use from nonresidential to residential. Provides that requirements for automobile parking spaces permanently marked for the exclusive use of individuals with disabilities are not subject to the provisions. Provides that, if the provisions conflict with a developer's contractual agreement or approved site plan with the corporate authorities of a municipality that was executed or approved on or before the effective date of the amendatory Act, then the contractual agreement or approved site plan is not subject to the provisions. Provides that nothing in the provisions prevents a municipality from enacting or enforcing an ordinance or resolution that establishes a maximum automobile parking requirement that is more stringent than or equal to the automobile parking requirements of the provisions. Provides that nothing in the provisions prohibits a developer from constructing additional automobile parking that is not available to the public. 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 Section 11-13-30 as follows:

(65 ILCS 5/11-13-30 new)

Sec. 11-13-30. Automobile parking requirements for residential developments.

(a) Beginning January 1, 2027, the corporate authorities of a municipality shall not:

(1) require more than 0.5 automobile parking spaces per multifamily dwelling unit or more than one automobile parking space per single-family home; or

(2) establish minimum automobile parking requirements for:

(A) residential dwellings of less than 1,500 square feet;

(B) affordable housing projects under the Illinois Affordable Housing Act;

(C) assisted living establishments, as defined by the Assisted Living and Shared Housing Act;

(D) ground level nonresidential spaces in mixed-use buildings; or

(E) buildings undergoing a change of use from nonresidential to residential.

(b) This Section does not apply:

(1) to requirements for automobile parking spaces permanently marked for the exclusive use of individuals with disabilities in compliance with the American with Disabilities Act; or

(2) if the requirements of this Section conflict with a developer's contractual agreement or approved site plan with the corporate authorities of a municipality that was executed or approved on or before the effective date of this amendatory Act of the 104th General Assembly.

(c) Nothing in this Section prevents a municipality from enacting or enforcing an ordinance or resolution that establishes a maximum automobile parking requirement that is more stringent than or equal to the automobile parking requirements of this Section.

(d) Nothing in this Section prohibits a developer from constructing additional automobile parking that is not available to the public.

(e) A home rule unit may not regulate automobile parking 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 concurrent exercise by home rule units of powers and functions exercised by the State.