HB1814 104TH GENERAL ASSEMBLY

LRB104 09139 RTM 19195 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1814

Introduced 1/28/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-31 new

Amends the Zoning Division of the Illinois Municipal Code. Provides that, for all new development after January 1, 2026, each city with a population of 25,000 or more shall allow the development of all middle housing types on lots or parcels with a total area greater than 5,000 square feet and that are zoned for any type of residential use. Provides that each city with a population of more than 10,000 and less than 25,000 shall allow the development of a duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings. Provides that municipalities may regulate siting and design of middle housing provided that the regulations do not, individually or cumulatively, discourage the development of all middle housing types permitted in the area through unreasonable costs or delay. Provides that municipalities may regulate middle housing to comply with protective measures adopted under statewide land use planning goals. Limits home rule powers.

A BILL FOR

AN ACT concerning local government.

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

Section 1. Short title. This Act may be cited as the Missing Middle Housing Act.

Section 5. The Illinois Municipal Code is amended by adding Section 11-13-31 as follows:

(65 ILCS 5/11-13-31 new)

Sec. 11-13-31. Middle housing development.

(a) As used in this Section:

"Cottage clusters" means groupings of no fewer than 4 detached housing units per acre with a footprint of no less than 900 and no more than 1500 square feet each and that include a common courtyard.

"Middle housing" means:

(1) duplexes;

(2) triplexes;

(3) quadplexes;

(4) cottage clusters; and

(5) townhouses.

"New development" means the creation of any new parcel or lot, whether as a result of subdivision or otherwise, or the new construction of any type of dwelling unit on a preexisting parcel or lot.

"Townhouse" means a dwelling unit constructed in a row of 2 or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.

(b) Except as provided in subsection (d) of this Section, for all new development after January 1, 2026, each city with a population of 25,000 or more shall allow the development of all middle housing types on lots or parcels with a total area greater than 5,000 square feet and that are zoned for any type of residential use.

(c) Except as provided in subsection (d) of this Section, each city with a population of more than 10,000 and less than 25,000 shall allow the development of a duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings. Nothing in this subsection prohibits a municipality from allowing middle housing types in addition to duplexes.

(d) This Section does not apply to:

(1) cities with a population of 10,000 or less; and

(2) unincorporated lands adjacent to or adjoining incorporated city boundaries.

(e) Municipalities may regulate siting and design of middle housing required to be permitted under this Section, provided that the regulations do not, individually or cumulatively, discourage the development of all middle housing types permitted in the area through unreasonable costs or delay. Municipalities may regulate middle housing to comply with protective measures adopted under statewide land use planning goals.

(f) This Section does not prohibit municipalities from permitting:

(1) single-family dwellings in areas zoned to disallow for single-family dwellings; or

(2) middle housing in areas not required under this Section.

(g) A home rule unit may not regulate housing developments in a manner inconsistent with this Section. This Section 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.