103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4213
 
Introduced 11/7/2023, by Rep. Kam Buckner
 
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.


LRB103 34314 AWJ 64142 b

 
 
A BILL FOR
 
HB4213LRB103 34314 AWJ 64142 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 
13single-family or multifamily dwelling it is or will be 
14situated. "Accessory dwelling unit" includes, but is not 
15limited to:
16        (1) An efficiency unit.
17        (2) A manufactured home, as that term is defined in 
18    paragraph (53) of subsection (a) of Section 9-102 of the 
19    Uniform Commercial Code.
20    "Efficiency unit" means a unit for occupancy by no more 
21than 2 persons which has a minimum floor area of 150 square 
22feet and may also have a partial kitchen or bathroom 
23facilities.
 
 
 
HB4213- 2 -LRB103 34314 AWJ 64142 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.