Full Text of SB2201 102nd General Assembly
SB2201 102ND GENERAL ASSEMBLY |
| | 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 | |
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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.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB2201 | | LRB102 15833 AWJ 21202 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-12022 as follows: | 6 | | (55 ILCS 5/5-12022 new) | 7 | | Sec. 5-12022. Industrialized residential structures and | 8 | | manufactured homes. Except as provided for in Section 5-12001, | 9 | | a zoning ordinance or other zoning regulation may not prohibit | 10 | | or restrict the erection of an industrialized residential | 11 | | structure, as defined in Section 5 of the Industrialized | 12 | | Residential Structure Deed Restriction Act, or a manufactured | 13 | | home, as defined in Section 10 of the Manufactured Home | 14 | | Quality 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 |
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| 1 | | exterior design of buildings and structures. | 2 | | A home rule county may not regulate industrialized | 3 | | residential structures or manufactured homes in a manner | 4 | | inconsistent with this Section. This Section is a limitation | 5 | | under subsection (i) of Section 6 of Article VII of the | 6 | | Illinois Constitution on the current exercise by home rule | 7 | | units of power and functions exercised by the State. | 8 | | Section 10. The Township Code is amended by adding Section | 9 | | 110-17 as follows: | 10 | | (60 ILCS 1/110-17 new) | 11 | | Sec. 110-17. Industrialized residential structures and | 12 | | manufactured homes. Except as provided for in Section 110-10, | 13 | | a zoning ordinance or other zoning regulation may not prohibit | 14 | | or restrict the erection of an industrialized residential | 15 | | structure, as defined in Section 5 of the Industrialized | 16 | | Residential
Structure Deed Restriction Act, or a manufactured | 17 | | home, as defined in Section 10 of the Manufactured Home | 18 | | Quality 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 |
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| 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 | 7 | | adding 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 | 10 | | manufactured homes. Except as provided for in Section 11-12-5, | 11 | | a zoning ordinance or other zoning regulation may not prohibit | 12 | | or restrict the erection of an industrialized residential | 13 | | structure, as defined in Section 5 of the Industrialized | 14 | | Residential Structure Deed Restriction Act, or a manufactured | 15 | | home, as defined in Section 10 of the Manufactured Home | 16 | | Quality Assurance Act, on real property, provided that: | 17 | | (1) an industrialized residential structure or | 18 | | manufactured home is compatible with the character of a | 19 | | respective district; | 20 | | (2) regulations impose the same aesthetic | 21 | | compatibility requirements on an industrialized residential | 22 | | structure or manufactured home that are applicable to all | 23 | | residential structures in the respective district; and | 24 | | (3) an industrialized residential structure or |
| | | SB2201 | - 4 - | LRB102 15833 AWJ 21202 b |
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| 1 | | manufactured home meets applicable standards for the exterior | 2 | | design of buildings and structures. | 3 | | A home rule municipality may not regulate industrialized | 4 | | residential structures or manufactured homes in a manner | 5 | | inconsistent with this Section. This Section is a limitation | 6 | | under subsection (i) of Section 6 of Article VII of the | 7 | | Illinois Constitution on the current exercise by home rule | 8 | | units 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 | 11 | | manufactured homes. Except as provided for in Section 11-13-1, | 12 | | a zoning ordinance or other zoning regulation may not prohibit | 13 | | or restrict the erection of an industrialized residential | 14 | | structure, as defined in Section 5 of the Industrialized | 15 | | Residential Structure Deed Restriction Act, or a manufactured | 16 | | home, as defined in Section 10 of the Manufactured Home | 17 | | Quality 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 |
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| 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 | 5 | | residential structures or manufactured homes in a manner | 6 | | inconsistent with this Section. This Section is a limitation | 7 | | under subsection (i) of Section 6 of Article VII of the | 8 | | Illinois Constitution on the current exercise by home rule | 9 | | units of power and functions exercised by the State.
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