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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 | 5-12024 as follows: | |||||||||||||||||||||||
6 | (55 ILCS 5/5-12024 new) | |||||||||||||||||||||||
7 | Sec. 5-12024. 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 in Section 5-12001, a zoning | |||||||||||||||||||||||
13 | ordinance or other zoning regulation of a county other than a | |||||||||||||||||||||||
14 | home rule county may not prohibit or restrict the erection of | |||||||||||||||||||||||
15 | an industrialized residential structure, as defined in Section | |||||||||||||||||||||||
16 | 5 of the Industrialized Residential Structure Deed Restriction | |||||||||||||||||||||||
17 | Act, or a manufactured home, as defined in Section 10 of the | |||||||||||||||||||||||
18 | Manufactured Home Quality Assurance Act, on real property if: | |||||||||||||||||||||||
19 | (1) the industrialized residential structure or | |||||||||||||||||||||||
20 | manufactured home is compatible with the character of | |||||||||||||||||||||||
21 | other residential structures in the county; | |||||||||||||||||||||||
22 | (2) an ordinance or regulation of the county imposes | |||||||||||||||||||||||
23 | the same aesthetic compatibility requirements on the |
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1 | industrialized residential structure or manufactured home | ||||||
2 | as those aesthetic compatibility requirements that are | ||||||
3 | applicable to all residential structures in the county; | ||||||
4 | and | ||||||
5 | (3) the industrialized residential structure or | ||||||
6 | manufactured home meets applicable standards for the | ||||||
7 | exterior design of buildings and structures. | ||||||
8 | Restrictions prohibited by this subsection include | ||||||
9 | restrictions of a manufactured home based upon the age of the | ||||||
10 | manufactured home. | ||||||
11 | (c) A person who is the owner of real property or who has a | ||||||
12 | right to the use of real property may install and occupy a | ||||||
13 | pre-owned manufactured home on a property if the pre-owned | ||||||
14 | manufactured home complies with restrictions allowed under | ||||||
15 | subsection (b) and is located on property zoned for | ||||||
16 | residential use. | ||||||
17 | (d) A county may establish health and safety standards for | ||||||
18 | pre-owned manufactured homes that are relocated from one | ||||||
19 | location to another location and an inspection program for | ||||||
20 | those pre-owned manufactured homes. The county and the | ||||||
21 | individual performing an inspection are not liable for any | ||||||
22 | injuries to a person resulting from any defects or conditions | ||||||
23 | in the pre-owned manufactured home. | ||||||
24 | (e) This Section is not intended to and does not limit the | ||||||
25 | powers of a home rule county. |
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1 | Section 10. The Township Code is amended by adding Section | ||||||
2 | 110-18 as follows: | ||||||
3 | (60 ILCS 1/110-18 new) | ||||||
4 | Sec. 110-18. Industrialized residential structures and | ||||||
5 | manufactured homes. | ||||||
6 | (a) As used in this subsection, "pre-owned manufactured | ||||||
7 | home" means a manufactured home that has been previously used | ||||||
8 | as a residential dwelling and has been titled. | ||||||
9 | (b) Except as provided in Section 110-10, a zoning | ||||||
10 | ordinance or other zoning regulation of a township may not | ||||||
11 | prohibit or restrict the erection of an industrialized | ||||||
12 | residential structure, as defined in Section 5 of the | ||||||
13 | Industrialized Residential Structure Deed Restriction Act, or | ||||||
14 | a manufactured home, as defined in Section 10 of the | ||||||
15 | Manufactured Home Quality Assurance Act, on real property if: | ||||||
16 | (1) the industrialized residential structure or | ||||||
17 | manufactured home is compatible with the character of | ||||||
18 | other residential structures in the township; | ||||||
19 | (2) an ordinance or regulation of the township imposes | ||||||
20 | the same aesthetic compatibility requirements on the | ||||||
21 | industrialized residential structure or manufactured home | ||||||
22 | as those aesthetic compatibility requirements that are | ||||||
23 | applicable to all residential structures in the township; | ||||||
24 | and | ||||||
25 | (3) the industrialized residential structure or |
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1 | manufactured home meets applicable standards for the | ||||||
2 | exterior design of buildings and structures. | ||||||
3 | Restrictions prohibited by this subsection include | ||||||
4 | restrictions of a manufactured home based upon the age of the | ||||||
5 | manufactured home. | ||||||
6 | (c) A person who is the owner of real property or who has a | ||||||
7 | right to the use of real property may install and occupy a | ||||||
8 | pre-owned manufactured home on a property if the pre-owned | ||||||
9 | manufactured home complies with restrictions allowed under | ||||||
10 | subsection (b) and is located on property zoned for | ||||||
11 | residential use. | ||||||
12 | (d) A township may establish health and safety standards | ||||||
13 | for pre-owned manufactured homes that are relocated from one | ||||||
14 | location to another location and an inspection program for | ||||||
15 | those pre-owned manufactured homes. The township and the | ||||||
16 | individual performing an inspection are not liable for any | ||||||
17 | injuries to a person resulting from any defects or conditions | ||||||
18 | in the pre-owned manufactured home. | ||||||
19 | Section 15. The Illinois Municipal Code is amended by | ||||||
20 | adding Section 11-13-30 as follows: | ||||||
21 | (65 ILCS 5/11-13-30 new) | ||||||
22 | Sec. 11-13-30. Industrialized residential structures and | ||||||
23 | manufactured homes. | ||||||
24 | (a) As used in this subsection, "pre-owned manufactured |
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1 | home" means a manufactured home that has been previously used | ||||||
2 | as a residential dwelling and has been titled. | ||||||
3 | (b) Except as provided in Sections 11-12-5 and 11-13-1, a | ||||||
4 | zoning ordinance or other zoning regulation of a municipality | ||||||
5 | other than a home rule municipality may not prohibit or | ||||||
6 | restrict the erection of an industrialized residential | ||||||
7 | structure, as defined in Section 5 of the Industrialized | ||||||
8 | Residential Structure Deed Restriction Act, or a manufactured | ||||||
9 | home, as defined in Section 10 of the Manufactured Home | ||||||
10 | Quality Assurance Act, on real property if: | ||||||
11 | (1) the industrialized residential structure or | ||||||
12 | manufactured home is compatible with the character of | ||||||
13 | other residential structures in the municipality; | ||||||
14 | (2) an ordinance or regulation of the municipality | ||||||
15 | imposes the same aesthetic compatibility requirements on | ||||||
16 | the industrialized residential structure or manufactured | ||||||
17 | home as those aesthetic compatibility requirements that | ||||||
18 | are applicable to all residential structures in the | ||||||
19 | municipality; and | ||||||
20 | (3) the industrialized residential structure or | ||||||
21 | manufactured home meets applicable standards for the | ||||||
22 | exterior design of buildings and structures. | ||||||
23 | Restrictions prohibited by this subsection include | ||||||
24 | restrictions of a manufactured home based upon the age of the | ||||||
25 | manufactured home. | ||||||
26 | (c) A person who is the owner of real property or who has a |
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1 | right to the use of real property may install and occupy a | ||||||
2 | pre-owned manufactured home on a property if the pre-owned | ||||||
3 | manufactured home complies with restrictions allowed under | ||||||
4 | subsection (b) and is located on property zoned for | ||||||
5 | residential use. | ||||||
6 | (d) A municipality may establish health and safety | ||||||
7 | standards for pre-owned manufactured homes that are relocated | ||||||
8 | from one location to another location and an inspection | ||||||
9 | program for those pre-owned manufactured homes. The | ||||||
10 | municipality and the individual performing an inspection are | ||||||
11 | not liable for any injuries to a person resulting from any | ||||||
12 | defects or conditions in the pre-owned manufactured home. | ||||||
13 | (e) This Section is not intended to and does not limit the | ||||||
14 | powers of a home rule municipality. |