Illinois General Assembly - Full Text of SB3212

LRB104 20176 RTM 33627 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3212

Introduced 2/2/2026, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

New Act

Creates the Transit-Oriented Overlay and Opportunity Retail Integration Zoning Act. Provides that the area located within a one-mile radius of a transit-oriented development is an ORI zone. Provides that the ORI zone is created automatically by operation of law. Provides that, if a conflict exists between the provisions of the ORI zone and a county or municipality, then the provisions of the ORI zone shall control. Provides that, within the ORI zone, the following uses shall be permitted by right: (1) retail, restaurant, and personal service establishments; (2) office, professional, medical, and administrative uses; (3) residential uses of all types, including single-family, multifamily, and mixed-use residential; (4) light manufacturing, research and development, storage warehousing, maker spaces, and innovation or technology-oriented industrial uses that do not involve heavy industrial processes; (5) institutional, educational, cultural, and governmental uses; (6) lodging and hospitality uses; (7) structured and accessory parking facilities; and (8) any other substantially similar use. Provides that a county or a municipality may enforce objective development standards applicable within the ORI zone. Provides that, if a county or municipality does not approve a proposal for a development in an ORI zone for a use that is permitted within an ORI zone within 90 days after receiving the application for the project, then the development proposal is deemed approved. Limits home rule powers. Effective January 1, 2026.

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 Transit-Oriented Opportunity Retail Integration Zoning Act.

Section 5. Findings and purpose.

(a) The General Assembly finds that:

(a) The State of Illinois has a compelling interest in promoting efficient land use, economic development, housing availability, reduced automobile dependency, and equitable access to employment and services near public transportation.

(b) Transit-oriented development has been demonstrated to increase economic activity, expand housing options, reduce transportation costs for residents, and improve environmental outcomes.

(c) Inconsistent local zoning practices surrounding transit-oriented developments frequently limit the full economic and community benefits of public transportation investments.

(d) Establishing a uniform, by-right zoning framework within a radius of transit-oriented developments will advance statewide goals while preserving reasonable local regulatory authority over design, health, and safety.

(b) The purpose of this Act is to create an automatic zoning overlay for land within one mile of a transit-oriented development, designated as an opportunity, retail, and innovation zone, to facilitate mixed-use, commercial, employment, and residential development in proximity to transit-oriented developments.

Section 10. Definitions. As used in this Act:

"One-mile radius" includes all land parcels, or portions thereof, located within one mile, measured horizontally, of a transit-oriented development.

"Opportunity, retail, and innovation zoning" or "ORI zone" means a mixed-use zoning classification that permits, by right, commercial, retail, office, institutional, light and medium industrial, innovation, and residential uses, subject to the standards of this Act.

"Transit-oriented development" means a fixed-route public transit facility, including but not limited to CTA rail stations, Metra commuter rail stations, Amtrak stations with local service, or fixed-guideway bus rapid transit stations.

Section 15. Automatic ORI zone.

(a) Notwithstanding any other provision of law, the area located within a one-mile radius of a transit-oriented development is an ORI zone. All land located within an ORI zone is subject to the provisions of the ORI zone.

(b) The ORI zone is created automatically by operation of law and shall not require:

(1) an amendment to a comprehensive plan;

(2) a rezoning ordinance;

(3) map amendment approval; or

(4) discretionary legislative or administrative action by a county or municipality.

(c) If a conflict exists between the provisions of the ORI zone and a county or municipality, then the provisions of the ORI zone shall control.

Section 20. Permitted uses within an ORI zone.

(a) Within the ORI zone, the following uses shall be permitted by right:

(1) retail, restaurant, and personal service establishments;

(2) office, professional, medical, and administrative uses;

(3) residential uses of all types, including single-family, multifamily, and mixed-use residential;

(4) light manufacturing, research and development, storage warehousing, maker spaces, and innovation or technology-oriented industrial uses that do not involve heavy industrial processes;

(5) institutional, educational, cultural, and governmental uses;

(6) lodging and hospitality uses;

(7) structured and accessory parking facilities; and

(8) any other use substantially similar to those listed in this Section.

(b) Local zoning authorities may not require special use permits, variances, or planned development approvals for uses listed in this subsection (a).

Section 25. Development standards.

(a) A county or a municipality may enforce objective development standards applicable within the ORI zone, including:

(1) building height;

(2) setbacks;

(3) lot coverage;

(4) floor-area ratio;

(5) design and aesthetic standards; and

(6) environmental and stormwater regulations.

(b) The county's or municipality's standards shall be ministerial, objective, and uniformly applied, and shall not have the effect of prohibiting or unreasonably restricting development permitted under this Act.

(c) Minimum off-street parking requirements within the ORI zone are prohibited, except where required for persons with disabilities under federal or State law.

Section 30. Administrative approval.

(a) Proposed developments within an ORI zone that comply with this Act and applicable objective standards shall be approved administratively.

(b) Counties and municipalities shall issue all required zoning and building approvals within 90 days after receiving a complete application.

(c) Failure to act within the time period specified in subsection (b) shall result the application being deemed approved.

Section 35. Home rule. A home rule unit may not regulate a real property 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.

Section 40. Relationship to existing law. Nothing in this Act shall be construed to:

(1) limit the application of building, fire, life safety, or environmental codes;

(2) affect historic preservation districts established under State or federal law, provided that the districts do not prohibit all economically viable use of property; or

(3) impair existing collective bargaining agreements or labor standards.

Section 99. Effective date. This Act takes effect January 1, 2027.