Illinois-2023-HB3306-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3306

Introduced , by Rep. Norine K. Hammond

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 27574 AWJ 53950 b

A BILL FOR

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LRB103 27574 AWJ 53950 b

1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Counties Code is amended by adding Section

5 5-12022 as follows:

6 (55 ILCS 5/5-12022 new)

7 Sec. 5-12022. Industrialized residential structures and

8 manufactured homes.

9 (a) As used in this subsection, "pre-owned manufactured

10 home" means a manufactured home that has been previously used

11 as a residential dwelling and has been titled.

12 (b) Except as provided for in Section 5-12001, a zoning

13 ordinance or other zoning regulation may not prohibit or

14 restrict the erection of an industrialized residential

15 structure, as defined in Section 5 of the Industrialized

16 Residential Structure Deed Restriction Act, or a manufactured

17 home, as defined in Section 10 of the Manufactured Home

18 Quality 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

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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

8 restrictions of a manufactured home based upon the age of the

9 manufactured home.

10 (c) A person who is the owner of real property or who has a

11 right to the use of real property may install and occupy a

12 pre-owned manufactured home on the property if the pre-owned

13 manufactured home is in compliance with restrictions allowed

14 under subsection (b) and is on property that is zoned for

15 residential use.

16 (d) A county may establish health and safety standards for

17 pre-owned manufactured homes that are relocated from one

18 location to another location and an inspection program for

19 those pre-owned manufactured homes. The county and the

20 individual performing an inspection are not liable for any

21 injuries to a person resulting from any defects or conditions

22 in the pre-owned manufactured home.

23 Section 10. The Township Code is amended by adding Section

24 110-17 as follows:

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1 (60 ILCS 1/110-17 new)

2 Sec. 110-17. Industrialized residential structures and

3 manufactured homes.

4 (a) As used in this subsection, "pre-owned manufactured

5 home" means a manufactured home that has been previously used

6 as a residential dwelling and has been titled.

7 (b) Except as provided for in Section 110-10, a zoning

8 ordinance or other zoning regulation may not prohibit or

9 restrict the erection of an industrialized residential

10 structure, as defined in Section 5 of the Industrialized

11 Residential Structure Deed Restriction Act, or a manufactured

12 home, as defined in Section 10 of the Manufactured Home

13 Quality 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

26 restrictions of a manufactured home based upon the age of the

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1 manufactured home.

2 (c) A person who is the owner of real property or who has a

3 right to the use of real property may install and occupy a

4 pre-owned manufactured home on the property if the pre-owned

5 manufactured home is in compliance with restrictions allowed

6 under subsection (b) and is on property that is zoned for

7 residential use.

8 (d) A township may establish health and safety standards

9 for pre-owned manufactured homes that are relocated from one

10 location to another location and an inspection program for

11 those pre-owned manufactured homes. The township and the

12 individual performing an inspection are not liable for any

13 injuries to a person resulting from any defects or conditions

14 in the pre-owned manufactured home.

15 Section 15. The Illinois Municipal Code is amended by

16 adding Section 11-13-28 as follows:

17 (65 ILCS 5/11-13-28 new)

18 Sec. 11-13-28. Industrialized residential structures and

19 manufactured homes.

20 (a) As used in this subsection, "pre-owned manufactured

21 home" means a manufactured home that has been previously used

22 as a residential dwelling and has been titled.

23 (b) Except as provided for in Sections 11-12-5 and

24 11-13-1, a zoning ordinance or other zoning regulation may not

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1 prohibit or restrict the erection of an industrialized

2 residential structure, as defined in Section 5 of the

3 Industrialized Residential Structure Deed Restriction Act, or

4 a manufactured home, as defined in Section 10 of the

5 Manufactured Home Quality Assurance Act, on real property,

6 provided 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

19 restrictions of a manufactured home based upon the age of the

20 manufactured home.

21 (c) A person who is the owner of real property or who has a

22 right to the use of real property may install and occupy a

23 pre-owned manufactured home on the property if the pre-owned

24 manufactured home is in compliance with restrictions allowed

25 under subsection (b) and is on property that is zoned for

26 residential use.

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1 (d) A municipality may establish health and safety

2 standards for pre-owned manufactured homes that are relocated

3 from one location to another location and an inspection

4 program for those pre-owned manufactured homes. The

5 municipality and the individual performing an inspection are

6 not liable for any injuries to a person resulting from any

7 defects or conditions in the pre-owned manufactured home.