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 
 
 
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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 
 
 
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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.