HB0812 102ND GENERAL ASSEMBLY

LRB102 05148 AWJ 15169 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0812

Introduced 2/10/2021, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Accessory Dwelling Unit Act. Defines terms. 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. Limits home rule powers.

HOME RULE NOTE ACT MAY APPLY

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 primary residence and must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling it is or will be situated. "Accessory dwelling unit" includes, but is not limited to:

(1) An efficiency unit.

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

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

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.

Section 15. 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.