102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2201

 

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12022 new
60 ILCS 1/110-17 new
65 ILCS 5/11-12-6.5 new
65 ILCS 5/11-13-28 new

    Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure or a manufactured home on real property, provided that: (1) an industrialized residential structure or manufactured home is compatible with the character of a respective district; (2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and (3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures. Limits home rule powers.


LRB102 15833 AWJ 21202 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2201LRB102 15833 AWJ 21202 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Industrialized residential structures and
8manufactured homes.Except as provided for in Section 5-12001,
9a zoning ordinance or other zoning regulation may not prohibit
10or restrict the erection of an industrialized residential
11structure, as defined in Section 5 of the Industrialized
12Residential Structure Deed Restriction Act, or a manufactured
13home, as defined in Section 10 of the Manufactured Home
14Quality Assurance Act, on real property, provided that:
15        (1) an industrialized residential structure or
16    manufactured home is compatible with the character of a
17    respective district;
18        (2) regulations impose the same aesthetic
19    compatibility requirements on an industrialized
20    residential structure that are applicable to all
21    residential structures in the respective district; and
22        (3) an industrialized residential structure or
23    manufactured home meets applicable standards for the

 

 

SB2201- 2 -LRB102 15833 AWJ 21202 b

1    exterior design of buildings and structures.
2    A home rule county may not regulate industrialized
3residential structures or manufactured homes in a manner
4inconsistent with this Section. This Section is a limitation
5under subsection (i) of Section 6 of Article VII of the
6Illinois Constitution on the current exercise by home rule
7units of power and functions exercised by the State.
 
8    Section 10. The Township Code is amended by adding Section
9110-17 as follows:
 
10    (60 ILCS 1/110-17 new)
11    Sec. 110-17. Industrialized residential structures and
12manufactured homes. Except as provided for in Section 110-10,
13a zoning ordinance or other zoning regulation may not prohibit
14or restrict the erection of an industrialized residential
15structure, as defined in Section 5 of the Industrialized
16Residential Structure Deed Restriction Act, or a manufactured
17home, as defined in Section 10 of the Manufactured Home
18Quality Assurance Act, on real property, provided that:
19        (1) an industrialized residential structure or
20    manufactured home is compatible with the character of a
21    respective district;
22        (2) regulations impose the same aesthetic
23    compatibility requirements on an industrialized
24    residential structure or manufactured home that are

 

 

SB2201- 3 -LRB102 15833 AWJ 21202 b

1    applicable to all residential structures in the respective
2    district; and
3        (3) an industrialized residential structure or
4    manufactured home meets applicable standards for the
5    exterior design of buildings and structures.
 
6    Section 15. The Illinois Municipal Code is amended by
7adding Sections 11-12-6.5 and 11-13-28 as follows:
 
8    (65 ILCS 5/11-12-6.5 new)
9    Sec. 11-12-6.5. Industrialized residential structures and
10manufactured homes. Except as provided for in Section 11-12-5,
11a zoning ordinance or other zoning regulation may not prohibit
12or restrict the erection of an industrialized residential
13structure, as defined in Section 5 of the Industrialized
14Residential Structure Deed Restriction Act, or a manufactured
15home, as defined in Section 10 of the Manufactured Home
16Quality Assurance Act, on real property, provided that:
17        (1) an industrialized residential structure or
18manufactured home is compatible with the character of a
19respective district;
20        (2) regulations impose the same aesthetic
21compatibility requirements on an industrialized residential
22structure or manufactured home that are applicable to all
23residential structures in the respective district; and
24        (3) an industrialized residential structure or

 

 

SB2201- 4 -LRB102 15833 AWJ 21202 b

1manufactured home meets applicable standards for the exterior
2design of buildings and structures.
3    A home rule municipality may not regulate industrialized
4residential structures or manufactured homes in a manner
5inconsistent with this Section. This Section is a limitation
6under subsection (i) of Section 6 of Article VII of the
7Illinois Constitution on the current exercise by home rule
8units of power and functions exercised by the State.
 
9    (65 ILCS 5/11-13-28 new)
10    Sec. 11-13-28. Industrialized residential structures and
11manufactured homes. Except as provided for in Section 11-13-1,
12a zoning ordinance or other zoning regulation may not prohibit
13or restrict the erection of an industrialized residential
14structure, as defined in Section 5 of the Industrialized
15Residential Structure Deed Restriction Act, or a manufactured
16home, as defined in Section 10 of the Manufactured Home
17Quality Assurance Act, on real property, provided that:
18        (1) an industrialized residential structure or
19    manufactured home is compatible with the character of a
20    respective district;
21        (2) regulations impose the same aesthetic
22    compatibility requirements on an industrialized
23    residential structure or manufactured home that are
24    applicable to all residential structures in the respective
25    district; and

 

 

SB2201- 5 -LRB102 15833 AWJ 21202 b

1        (3) an industrialized residential structure or
2    manufactured home meets applicable standards for the
3    exterior design of buildings and structures.
4    A home rule municipality may not regulate industrialized
5residential structures or manufactured homes in a manner
6inconsistent with this Section. This Section is a limitation
7under subsection (i) of Section 6 of Article VII of the
8Illinois Constitution on the current exercise by home rule
9units of power and functions exercised by the State.