101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4869

 

Introduced 2/18/2020, 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.


LRB101 19564 AWJ 69038 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4869LRB101 19564 AWJ 69038 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 1. Short title. This Act may be cited as the Local
5Accessory Dwelling Unit Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Accessory dwelling unit" means an attached or a detached
8residential dwelling unit that provides complete independent
9living facilities for one or more persons and is located on a
10lot with a proposed or existing primary residence and must
11include permanent provisions for living, sleeping, eating,
12cooking, and sanitation on the same parcel as the single-family
13or multifamily dwelling it is or will be situated. "Accessory
14dwelling unit" includes, but is not limited to:
15        (1) An efficiency unit.
16        (2) A manufactured home, as that term is defined in
17    paragraph (53) of subsection (a) of Section 9-102 of the
18    Uniform Commercial Code.
19    "Efficiency unit" means a unit for occupancy by no more
20than two persons which has a minimum floor area of 150 square
21feet and may also have a partial kitchen or bathroom
22facilities.
 

 

 

HB4869- 2 -LRB101 19564 AWJ 69038 b

1    Section 10. Regulation of accessory dwelling units.
2    (a) A unit of local government may not prohibit the
3building or usage of accessory dwelling units in the unit of
4local government.
5    (b) A unit of local government may provide reasonable
6regulations relating to the size and location of accessory
7dwelling units similar to other accessory structures unless a
8regulation would have the effect of prohibiting accessory
9dwelling units.
 
10    Section 15. Home rule. A home rule unit may not regulate
11accessory dwelling units in a manner inconsistent with this
12Act. This Act is a limitation under subsection (i) of Section 6
13of Article VII of the Illinois Constitution on the concurrent
14exercise by home rule units of powers and functions exercised
15by the State.