SB2763 93RD GENERAL ASSEMBLY

LRB093 20969 DRJ 46955 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2763

Introduced 2/5/2004, by James F. Clayborne Jr.

SYNOPSIS AS INTRODUCED:

210 ILCS 115/9.3	from Ch. 111 1/2, par. 719.3
210 ILCS 115/26	from Ch. 111 1/2, par. 736

Amends the Mobile Home Park Act. Provides for a minimum separation from one mobile home to another mobile home for mobile homes located on sites constructed on or before July 1, 1998. Provides requirements for a minimum separation adjacent to the sides of every mobile home for mobile homes located on sites constructed after July 1, 1998. Provides that when a mobile home is removed from a site for repairs and then replaced on the site or when a mobile home on a site is replaced by another mobile home on the site, the site shall not be deemed to be a newly constructed site and shall be governed by the standards in effect at the time the site was originally constructed. Limits the concurrent exercise of home rule powers. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning mobile homes.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mobile Home Park Act is amended by changing Sections 9.3 and 26 as follows:

(210 ILCS 115/9.3) (from Ch. 111 1/2, par. 719.3)

Sec. 9.3. Minimum sites; access.

(a) Each site on which a mobile home is accommodated shall have a minimum area of 2,500 square feet, provided that sites existing in parks or approved by the Department for construction prior to August 21, 1967, shall contain an area of not less than 1,000 square feet, and sites constructed between August 21, 1967 and September 18, 1987 the effective date of this amendatory Act of 1987 shall contain an area of not less than 2,100 feet.

(b) No mobile home shall be parked closer than 5 feet to the side lot lines of a park, or closer than 10 feet to a public street, alley, or building. Each individual site shall abut or face on a private or public street. All streets shall have unobstructed access to a public street. There shall be an open space of at least 10 feet adjacent to the sides of every mobile home and at least 5 feet adjacent to the ends of every mobile home.

(c) Mobile homes located on sites constructed on or before July 1, 1998 shall have a minimum separation of 10 feet from the side of a mobile home to another mobile home and a minimum separation of 5 feet from the end of a mobile home to another mobile home. The dimensions of other structures on the site such as a shed, stair, deck, carport, or awning shall not be counted in calculating the minimum separation between mobile homes. There shall be no minimum setback requirements from a private street with respect to mobile homes located on sites constructed on or before July 1, 1998.

(d) With respect to mobile homes located on sites constructed after July 1, 1998, there shall be a minimum separation of at least 10 feet adjacent to the sides of every mobile home and at least 5 feet adjacent to the ends of every mobile home.

(e) When a mobile home is removed from a site for repairs and then replaced on the site or when a mobile home on a site is replaced by another mobile home on the site, the site shall not be deemed to be a newly constructed site and shall be governed by the standards in effect at the time the site was originally constructed.

(f) A home rule unit may not regulate mobile home sites with respect to setback and separation requirements in a manner that conflicts with this Section. This subsection 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.

(Source: P.A. 85-565.)

(210 ILCS 115/26) (from Ch. 111 1/2, par. 736)

Sec. 26. This Act does not apply within the corporate limits of any home rule unit, except as otherwise provided in this Act.

(Source: P.A. 85-565.)

Section 99. Effective date. This Act takes effect upon becoming law.