103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2612

 

Introduced 2/15/2023, by Rep. Jed Davis

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-28 new

    Amends the Illinois Municipal Code. Provides that a zoning ordinance or other zoning regulation may not (1) prohibit a home-based business from serving clients by appointment, (2) prohibit 2 or fewer nonresident employees from working at a home-based business, (3) prohibit or require structural modifications for a home-based business, (4) restrict the amount of floor space a home-based business may use, or (5) restrict storage or the use of equipment that does not produce effects outside the home or accessory structure. Defines terms. Limits the concurrent exercise of home rule powers. Effective immediately.


LRB103 25889 AWJ 52240 b

 

 

A BILL FOR

 

HB2612LRB103 25889 AWJ 52240 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 Illinois Municipal Code is amended by
5adding Section 11-13-28 as follows:
 
6    (65 ILCS 5/11-13-28 new)
7    Sec. 11-13-28. Home-based businesses.
8    (a) As used in this Section:
9    "Home-based business" means a business in a person's home
10or an accessory structure to the home where the business is
11secondary to the primary use of the home as a residence.
12    "Accessory structure" means a building or structure that
13is subordinate to the principal building or principal use in
14terms of area, extent, and purpose and is located on the same
15zoning lot as the principal building.
16    (b) Except as provided for in Sections 11-12-5 and
1711-13-1, a zoning ordinance or other zoning regulation may not
18(1) prohibit a home-based business from serving clients by
19appointment, (2) prohibit 2 or fewer nonresident employees
20from working at a home-based business, (3) prohibit or require
21structural modifications for a home-based business, (4)
22restrict the amount of floor space a home-based business may
23use, or (5) restrict storage or the use of equipment that does

 

 

HB2612- 2 -LRB103 25889 AWJ 52240 b

1not produce effects outside the home or accessory structure.
2    (c) A home rule municipality may not regulate home-based
3businesses in a manner inconsistent with this Section. This
4Section is a limitation under subsection (i) of Section 6 of
5Article VII of the Illinois Constitution on the concurrent
6exercise by home rule units of power and functions exercised
7by the State.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.