103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2048

 

Introduced 2/9/2023, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12022 new
60 ILCS 1/110-17 new
65 ILCS 5/11-13-28 new

    Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a zoning ordinance or other zoning regulation may not prohibit or restrict the erection of an industrialized residential structure or a manufactured home on real property, provided that: (1) an industrialized residential structure or manufactured home is compatible with the character of a respective district; (2) regulations impose the same aesthetic compatibility requirements on an industrialized residential structure or manufactured home that are applicable to all residential structures in the respective district; and (3) an industrialized residential structure or manufactured home meets applicable standards for the exterior design of buildings and structures. Prohibits restricts based upon the age of a manufactured home. Provides that a person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on the property if the pre-owned manufactured home is in compliance with specified provisions and is on property that is zoned for residential use. Provides that a county, township, or municipality may establish health and safety standards for pre-owned manufactured homes that are relocated from one location to another location and an inspection program for those pre-owned manufactured homes. Provides that the county, township, or municipality and the individual performing an inspection are not liable for any injuries to a person resulting from any defects or conditions in the pre-owned manufactured home. Defines "pre-owned manufactured home".


LRB103 26518 AWJ 52881 b

 

 

A BILL FOR

 

SB2048LRB103 26518 AWJ 52881 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 Counties Code is amended by adding Section
55-12022 as follows:
 
6    (55 ILCS 5/5-12022 new)
7    Sec. 5-12022. Industrialized residential structures and
8manufactured homes.
9    (a) As used in this subsection, "pre-owned manufactured
10home" means a manufactured home that has been previously used
11as a residential dwelling and has been titled.
12    (b) Except as provided for in Section 5-12001, a zoning
13ordinance or other zoning regulation may not prohibit or
14restrict the erection of an industrialized residential
15structure, as defined in Section 5 of the Industrialized
16Residential Structure Deed Restriction Act, or a manufactured
17home, as defined in Section 10 of the Manufactured Home
18Quality Assurance Act, on real property, provided that:
19        (1) an industrialized residential structure or
20    manufactured home is compatible with the character of a
21    respective district;
22        (2) regulations impose the same aesthetic
23    compatibility requirements on an industrialized

 

 

SB2048- 2 -LRB103 26518 AWJ 52881 b

1    residential structure or manufactured home that are
2    applicable to all residential structures in the respective
3    district; and
4        (3) an industrialized residential structure or
5    manufactured home meets applicable standards for the
6    exterior design of buildings and structures.
7    Restrictions prohibited by this subsection include
8restrictions of a manufactured home based upon the age of the
9manufactured home.
10    (c) A person who is the owner of real property or who has a
11right to the use of real property may install and occupy a
12pre-owned manufactured home on the property if the pre-owned
13manufactured home is in compliance with restrictions allowed
14under subsection (b) and is on property that is zoned for
15residential use.
16    (d) A county may establish health and safety standards for
17pre-owned manufactured homes that are relocated from one
18location to another location and an inspection program for
19those pre-owned manufactured homes. The county and the
20individual performing an inspection are not liable for any
21injuries to a person resulting from any defects or conditions
22in the pre-owned manufactured home.
 
23    Section 10. The Township Code is amended by adding Section
24110-17 as follows:
 

 

 

SB2048- 3 -LRB103 26518 AWJ 52881 b

1    (60 ILCS 1/110-17 new)
2    Sec. 110-17. Industrialized residential structures and
3manufactured homes.
4    (a) As used in this subsection, "pre-owned manufactured
5home" means a manufactured home that has been previously used
6as a residential dwelling and has been titled.
7    (b) Except as provided for in Section 110-10, a zoning
8ordinance or other zoning regulation may not prohibit or
9restrict the erection of an industrialized residential
10structure, as defined in Section 5 of the Industrialized
11Residential Structure Deed Restriction Act, or a manufactured
12home, as defined in Section 10 of the Manufactured Home
13Quality Assurance Act, on real property, provided that:
14        (1) an industrialized residential structure or
15    manufactured home is compatible with the character of a
16    respective district;
17        (2) regulations impose the same aesthetic
18    compatibility requirements on an industrialized
19    residential structure or manufactured home that are
20    applicable to all residential structures in the respective
21    district; and
22        (3) an industrialized residential structure or
23    manufactured home meets applicable standards for the
24    exterior design of buildings and structures.
25    Restrictions prohibited by this subsection include
26restrictions of a manufactured home based upon the age of the

 

 

SB2048- 4 -LRB103 26518 AWJ 52881 b

1manufactured home.
2    (c) A person who is the owner of real property or who has a
3right to the use of real property may install and occupy a
4pre-owned manufactured home on the property if the pre-owned
5manufactured home is in compliance with restrictions allowed
6under subsection (b) and is on property that is zoned for
7residential use.
8    (d) A township may establish health and safety standards
9for pre-owned manufactured homes that are relocated from one
10location to another location and an inspection program for
11those pre-owned manufactured homes. The township and the
12individual performing an inspection are not liable for any
13injuries to a person resulting from any defects or conditions
14in the pre-owned manufactured home.
 
15    Section 15. The Illinois Municipal Code is amended by
16adding Section 11-13-28 as follows:
 
17    (65 ILCS 5/11-13-28 new)
18    Sec. 11-13-28. Industrialized residential structures and
19manufactured homes.
20    (a) As used in this subsection, "pre-owned manufactured
21home" means a manufactured home that has been previously used
22as a residential dwelling and has been titled.
23    (b) Except as provided for in Sections 11-12-5 and
2411-13-1, a zoning ordinance or other zoning regulation may not

 

 

SB2048- 5 -LRB103 26518 AWJ 52881 b

1prohibit or restrict the erection of an industrialized
2residential structure, as defined in Section 5 of the
3Industrialized Residential Structure Deed Restriction Act, or
4a manufactured home, as defined in Section 10 of the
5Manufactured Home Quality Assurance Act, on real property,
6provided that:
7        (1) an industrialized residential structure or
8    manufactured home is compatible with the character of a
9    respective district;
10        (2) regulations impose the same aesthetic
11    compatibility requirements on an industrialized
12    residential structure or manufactured home that are
13    applicable to all residential structures in the respective
14    district; and
15        (3) an industrialized residential structure or
16    manufactured home meets applicable standards for the
17    exterior design of buildings and structures.
18    Restrictions prohibited by this subsection include
19restrictions of a manufactured home based upon the age of the
20manufactured home.
21    (c) A person who is the owner of real property or who has a
22right to the use of real property may install and occupy a
23pre-owned manufactured home on the property if the pre-owned
24manufactured home is in compliance with restrictions allowed
25under subsection (b) and is on property that is zoned for
26residential use.

 

 

SB2048- 6 -LRB103 26518 AWJ 52881 b

1    (d) A municipality may establish health and safety
2standards for pre-owned manufactured homes that are relocated
3from one location to another location and an inspection
4program for those pre-owned manufactured homes. The
5municipality and the individual performing an inspection are
6not liable for any injuries to a person resulting from any
7defects or conditions in the pre-owned manufactured home.