Housing (Zoning)

Amends the Illinois Municipal Code. Provides that, if a municipality adopts zoning regulations, then the zoning regulations adopted by the municipality must include a minimum of 5 of 14 specified housing strategies, applicable to the majority of the area where residential development is permitted in the municipality. Provides that, if a municipality has adopted one of the specified housing strategies before the effective date of the amendatory Act, then the housing strategy is considered adopted. Provides that, if a municipality adopts a housing strategy that satisfies 2 or more of the specified housing strategies, then only one strategy may be considered to have been adopted for purposes of compliance with the requirements added by the Amendatory Act.

Creates the Local Government Building Permit Act. Provides that the Act only applies to units of local government that require a person to obtain a permit from the unit of local government before the person may construct a building within the unit of local government. Requires a unit of local government to comply with specified timelines for issuing building permits. Provides that, if a unit of local government fails to comply with the timelines, then the building permit is automatically approved by operation of law, unless the proposed building project violates published building or zoning codes. Requires a unit of local government to publish the specified information concerning building permits on its public-facing website. Provides that the fees that a unit of local government imposes to approve a building permit application may not exceed the actual cost the unit of local government incurs to review a building permit application. Provides that, if a unit of local government denies a person's building permit application, then the person may appeal the decision to the Building Permit Ombudsman. Amends the Department of Commerce and Economic Opportunity Law. Creates the position of Building Permit Ombudsman within the Department of Commerce and Economic Opportunity. Provides that the Building Permit Ombudsman shall receive, review, and resolve appeals brought under the Local Government Building Permit Act. Requires the Building Permit Ombudsman to (i) examine the issues and the information provided by both parties; (ii) make findings of fact and conclusions of law; and (iii) issue a decision to the developer and the unit of local government in response to the appeal.

Amends the Illinois Municipal Code. Provides that, beginning January 1, 2027, each municipality shall, by ordinance, authorize the development of accessory dwelling units. Provides that each municipality shall permit accessory dwelling units in all zoning districts that permit single-family dwellings without additional requirements for lot size, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond those required for single-family dwelling units without an accessory dwelling unit. Provides that a municipality is not required to allow more than one accessory dwelling unit for any single-family dwelling. Provides that accessory dwelling units may be constructed at the same time as the principal dwelling unit. Provides that no municipality shall: (A) require additional automobile parking spaces for a property with an accessory dwelling unit beyond the requirements for a single-family dwelling unit without an accessory dwelling unit; (B) require the establishment of a familial relationship between the occupants of an accessory dwelling unit and the occupants of a principal dwelling unit; or (C) establish a minimum or maximum limit on (i) square footage of an accessory dwelling unit or (ii) the number of bedrooms of an accessory dwelling unit. Limits home rule powers.

Amends the Control Over Building and Construction Article of the Illinois Municipal Code. Provides that a municipality may not prohibit the building or usage of accessory dwelling units in the municipality. Provides that a municipality 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. Defines terms.

Creates the Transit-Oriented Overlay and Opportunity Retail Integration Zoning Act. Provides that the area located within a one-mile radius of a transit-oriented development is an ORI zone. Provides that the ORI zone is created automatically by operation of law. Provides that, if a conflict exists between the provisions of the ORI zone and a county or municipality, then the provisions of the ORI zone shall control. Provides that, within the ORI zone, the following uses shall be permitted by right: (1) retail, restaurant, and personal service establishments; (2) office, professional, medical, and administrative uses; (3) residential uses of all types, including single-family, multifamily, and mixed-use residential; (4) light manufacturing, research and development, storage warehousing, maker spaces, and innovation or technology-oriented industrial uses that do not involve heavy industrial processes; (5) institutional, educational, cultural, and governmental uses; (6) lodging and hospitality uses; (7) structured and accessory parking facilities; and (8) any other substantially similar use. Provides that a county or a municipality may enforce objective development standards applicable within the ORI zone. Provides that, if a county or municipality does not approve a proposal for a development in an ORI zone for a use that is permitted within an ORI zone within 90 days after receiving the application for the project, then the development proposal is deemed approved. Limits home rule powers. Effective January 1, 2026.

Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides that a unit of local government shall permit multifamily developments and mixed-use developments as allowable by-right uses on faith-based land. Provides that a unit of local government may not require a proposed multifamily or mixed-use development on faith-based land to obtain any discretionary approval in order to permit the proposed use and development or allow for the minimum development standards and limitations established by the Act. Provides that the by-right entitlement under the Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization. Provides that nothing in the Act affects the authority of a unit of local government to apply to a development authorized by this Act requirements that are (1) generally applicable to comparable developments within the jurisdiction; (2) objective and ascertainable on the face of the ordinance or code provision; and (3) related to public health and safety. Provides that a unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by the Act. Limits the concurrent use of home rule powers. Effective immediately.

Amends the Illinois Municipal Code. Provides that, 8 months after the effective date of the amendatory Act, a municipality shall, on any lot located in a residential zoning district that permits single-family dwellings, allow (1) on an area of not more than 2,500 square feet, at least one detached single-family dwelling unit; (2) on any lot with an area of more than 2,500 square feet and not more than 5,000 square feet, up to 4 dwelling units; (3) on any lot with an area of more than 5,000 square feet and not more than 7,500 square feet, up to 6 dwelling units; and (4) on any lot with an area of more than 7,500 square feet, up to 8 dwelling units, including cottage clusters. Provides that each municipality shall permit accessory dwelling units in all zoning districts that permit single-family dwellings without additional requirements for lot size, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond those required for single-family dwelling units without an accessory dwelling unit. Provides that, if a municipality fails to complete its plan review within the deadlines established under the provisions, then the applicant may retain a qualified third-party plan reviewer. Provides that, if a municipality fails to conduct a required inspection within 2 business days, then the applicant may retain a qualified third-party inspector. Provides that municipalities authorized to levy impact fees must calculate fees using the statewide formula structure issued by the Department of Commerce and Economic Opportunity. Provides that, beginning January 1, 2027, the corporate authorities of a municipality shall not establish minimum automobile parking requirements for (A) residential dwellings of less than 1,500 square feet; (B) affordable housing projects under the Illinois Affordable Housing Act; (C) assisted living establishments; (D) ground level nonresidential spaces in mixed-use buildings; or (E) buildings undergoing a change of use from nonresidential to residential. Amends the Counties Code. Provides that, beginning January 1, 2027, no building code adopted by a county or municipality may prohibit residential buildings from having a single stairway serving as an exit for all units if the building satisfies specified requirements. Limits home rule powers. Makes other changes.

Amends the Illinois Municipal Code. Provides that a municipality shall provide for at least one residential zoning district in which detached single-family dwellings are permitted on lots with an area of not more than 2,500 square feet. Provides that a municipality may not require a minimum lot area of more than 2,500 square feet for detached single-family dwellings in any residential zoning district that permits detached single-family dwellings. Provides that, 8 months after the effective date of the amendatory Act, a municipality shall, on any lot located in a residential zoning district that permits single-family dwellings, allow (1) on an area of not more than 2,500 square feet, at least one detached single-family dwelling unit; (2) on any lot with an area of more than 2,500 square feet and not more than 5,000 square feet, up to 4 dwelling units; (3) on any lot with an area of more than 5,000 square feet and not more than 7,500 square feet, up to 6 dwelling units; and (4) on any lot with an area of more than 7,500 square feet, up to 8 dwelling units, including cottage clusters. Provides that a municipality must allow an existing principal residential structure to be converted to any middle-housing type if (1) the structure is not expanded by more than 50% of its existing floor area or more than 1,200 square feet, whichever is greater; and (2) the conversion complies with applicable building codes and preservation or landmark laws. Provides that municipalities may not adopt or enforce standards for bulk, lot area, yards, height, automobile parking, density, floor-area ratio, lot coverage, access, unit size, building separation, and design that (1) impose requirements on middle housing that are more restrictive than those applicable to detached single-family dwellings; (2) require automobile parking mandates for residential dwellings of less than 1,500 square feet and require automobile parking mandates no greater than specified requirements; and (3) require any form of discretionary review, unless the same review is required for detached single-family dwellings. Limits home rule powers.

Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides that a unit of local government shall permit multifamily developments and mixed-use developments as allowable by-right uses on faith-based land. Provides that a unit of local government may not require a proposed multifamily or mixed-use development on faith-based land to obtain any discretionary approval in order to permit the proposed use and development or allow for the minimum development standards and limitations established by the Act. Provides that the by-right entitlement under the Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization. Provides that nothing in the Act affects the authority of a unit of local government to apply to a development authorized by this Act requirements that are (1) generally applicable to comparable developments within the jurisdiction; (2) objective and ascertainable on the face of the ordinance or code provision; and (3) related to public health and safety. Provides that a unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by the Act. Limits the concurrent use of home rule powers. Effective immediately.

Creates the Starter Home Incentive Zone Act. Provides that a municipality may establish a Starter Home Incentive Zone within a designated area if the municipality adopts any 3 of the following reforms within a designated zone: (1) reduced minimum lot sizes applicable to detached single-family homes; (2) reduced minimum dwelling size requirements permitting homes of 1,600 square feet or less; (3) fast-track permitting with a decision issued within 10 to 20 business days; (4) reduction, waiver, or cap of impact fees for detached single-family homes; or (5) reduced setback requirements. Provides that municipalities containing a Starter Home Incentive Zone shall receive specified benefits from the Department of Commerce and Economic Opportunity. Provides that municipalities containing a Starter Home Incentive Zone may receive specified benefits from the Department of Transportation. Provides that, on or before January 31 of each year, a SHIZ-certified municipality shall submit a report, not to exceed 2 pages, containing specified information for each Starter Home Incentive Zone within the municipality. Requires the Department to adopt rules necessary to implement the Act in accordance with the Illinois Administrative Procedure Act. Provides that the Department may not require any municipality to submit reports, data, analyses, or documentation beyond the annual compliance report, unless expressly authorized by the Act. Limits home rule powers. Effective immediately.