IL
Illinois House Bill HB1843

Illinois 2025-2026 Regular Session

Illinois House Bill HB1843 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1843 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 Amends the Zoning Division of the Illinois Municipal Code. Removes a provision giving the corporate authorities in each municipality the power to classify, to regulate, and to restrict the use of property on the basis of family relationship. Provides that the powers enumerated in provisions relating to zoning powers of a municipality may not be used in any way that violates or otherwise contradicts any other applicable State or federal law, including the federal Fair Housing Act and the Americans with Disabilities Act. Prohibits a municipality from adopting zoning regulations that prohibit 2 or more individuals who are not related by blood from living together in the same residence. Provides that a municipality may not adopt zoning regulations that prohibit the creation of a community-integrated living arrangement or housing for a community-integrated living arrangement. Limits home rule powers. LRB104 11318 RTM 21404 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1843 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 Amends the Zoning Division of the Illinois Municipal Code. Removes a provision giving the corporate authorities in each municipality the power to classify, to regulate, and to restrict the use of property on the basis of family relationship. Provides that the powers enumerated in provisions relating to zoning powers of a municipality may not be used in any way that violates or otherwise contradicts any other applicable State or federal law, including the federal Fair Housing Act and the Americans with Disabilities Act. Prohibits a municipality from adopting zoning regulations that prohibit 2 or more individuals who are not related by blood from living together in the same residence. Provides that a municipality may not adopt zoning regulations that prohibit the creation of a community-integrated living arrangement or housing for a community-integrated living arrangement. Limits home rule powers. LRB104 11318 RTM 21404 b LRB104 11318 RTM 21404 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1843 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
3+65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
4+65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
5+Amends the Zoning Division of the Illinois Municipal Code. Removes a provision giving the corporate authorities in each municipality the power to classify, to regulate, and to restrict the use of property on the basis of family relationship. Provides that the powers enumerated in provisions relating to zoning powers of a municipality may not be used in any way that violates or otherwise contradicts any other applicable State or federal law, including the federal Fair Housing Act and the Americans with Disabilities Act. Prohibits a municipality from adopting zoning regulations that prohibit 2 or more individuals who are not related by blood from living together in the same residence. Provides that a municipality may not adopt zoning regulations that prohibit the creation of a community-integrated living arrangement or housing for a community-integrated living arrangement. Limits home rule powers.
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311 1 AN ACT concerning local government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Illinois Municipal Code is amended by
715 5 changing Section 11-13-1 as follows:
816 6 (65 ILCS 5/11-13-1) (from Ch. 24, par. 11-13-1)
917 7 Sec. 11-13-1. Zoning powers.
1018 8 (a) To the end that adequate light, pure air, and safety
1119 9 from fire and other dangers may be secured, that the taxable
1220 10 value of land and buildings throughout the municipality may be
1321 11 conserved, that congestion in the public streets may be
1422 12 lessened or avoided, that the hazards to persons and damage to
1523 13 property resulting from the accumulation or runoff of storm or
1624 14 flood waters may be lessened or avoided, and that the public
1725 15 health, safety, comfort, morals, and welfare may otherwise be
1826 16 promoted, and to insure and facilitate the preservation of
1927 17 sites, areas, and structures of historical, architectural and
2028 18 aesthetic importance; the corporate authorities in each
2129 19 municipality have the following powers:
2230 20 (1) to regulate and limit the height and bulk of
2331 21 buildings hereafter to be erected;
2432 22 (2) to establish, regulate and limit, subject to the
2533 23 provisions of Division 14 of this Article 11, the building
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1843 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
38+65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1 65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
39+65 ILCS 5/11-13-1 from Ch. 24, par. 11-13-1
40+Amends the Zoning Division of the Illinois Municipal Code. Removes a provision giving the corporate authorities in each municipality the power to classify, to regulate, and to restrict the use of property on the basis of family relationship. Provides that the powers enumerated in provisions relating to zoning powers of a municipality may not be used in any way that violates or otherwise contradicts any other applicable State or federal law, including the federal Fair Housing Act and the Americans with Disabilities Act. Prohibits a municipality from adopting zoning regulations that prohibit 2 or more individuals who are not related by blood from living together in the same residence. Provides that a municipality may not adopt zoning regulations that prohibit the creation of a community-integrated living arrangement or housing for a community-integrated living arrangement. Limits home rule powers.
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3468 1 or set-back lines on or along any street, traffic-way,
3569 2 drive, parkway or storm or floodwater runoff channel or
3670 3 basin;
3771 4 (3) to regulate and limit the intensity of the use of
3872 5 lot areas, and to regulate and determine the area of open
3973 6 spaces, within and surrounding such buildings;
40-7 (4) to classify, regulate, and restrict the location
41-8 of trades and industries and the location of buildings
74+7 (4) to classify, regulate and restrict the location of
75+8 trades and industries and the location of buildings
4276 9 designed for specified industrial, business, residential,
4377 10 and other uses;
4478 11 (5) to divide the entire municipality into districts
4579 12 of such number, shape, area, and of such different classes
4680 13 (according to use of land and buildings, height and bulk
4781 14 of buildings, intensity of the use of lot area, area of
4882 15 open spaces, or other classification) as may be deemed
4983 16 best suited to carry out the purposes of this Division 13;
5084 17 (6) to fix standards to which buildings or structures
5185 18 therein shall conform;
5286 19 (7) to prohibit uses, buildings, or structures
5387 20 incompatible with the character of such districts;
5488 21 (8) to prevent additions to and alteration or
5589 22 remodeling of existing buildings or structures in such a
5690 23 way as to avoid the restrictions and limitations lawfully
5791 24 imposed under this Division 13;
58-25 (9) except as provided in paragraph (2) of subsection
59-26 (c), to classify, to regulate, and restrict the use of
92+25 (9) (blank); to classify, to regulate and restrict the
93+26 use of property on the basis of family relationship, which
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70-1 property on the basis of family relationship, which family
71-2 relationship may be defined as one or more persons each
72-3 related to the other by blood, marriage or adoption and
73-4 maintaining a common household;
74-5 (10) to regulate or forbid any structure or activity
75-6 which may hinder access to solar energy necessary for the
76-7 proper functioning of a solar energy system, as defined in
77-8 Section 1.2 of the Comprehensive Solar Energy Act of 1977;
78-9 (11) to require the creation and preservation of
79-10 affordable housing, including the power to provide
80-11 increased density or other zoning incentives to developers
81-12 who are creating, establishing, or preserving affordable
82-13 housing; and
83-14 (12) to establish local standards solely for the
84-15 review of the exterior design of buildings and structures,
85-16 excluding utility facilities and outdoor off-premises
86-17 advertising signs, and designate a board or commission to
87-18 implement the review process; except that, other than
88-19 reasonable restrictions as to size, no home rule or
89-20 non-home rule municipality may prohibit the display of
90-21 outdoor political campaign signs on residential property
91-22 during any period of time, the regulation of these signs
92-23 being a power and function of the State and, therefor,
93-24 this item (12) is a denial and limitation of concurrent
94-25 home rule powers and functions under subsection (i) of
95-26 Section 6 of Article VII of the Illinois Constitution.
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104+1 family relationship may be defined as one or more persons
105+2 each related to the other by blood, marriage or adoption
106+3 and maintaining a common household;
107+4 (10) to regulate or forbid any structure or activity
108+5 which may hinder access to solar energy necessary for the
109+6 proper functioning of a solar energy system, as defined in
110+7 Section 1.2 of the Comprehensive Solar Energy Act of 1977;
111+8 (11) to require the creation and preservation of
112+9 affordable housing, including the power to provide
113+10 increased density or other zoning incentives to developers
114+11 who are creating, establishing, or preserving affordable
115+12 housing; and
116+13 (12) to establish local standards solely for the
117+14 review of the exterior design of buildings and structures,
118+15 excluding utility facilities and outdoor off-premises
119+16 advertising signs, and designate a board or commission to
120+17 implement the review process; except that, other than
121+18 reasonable restrictions as to size, no home rule or
122+19 non-home rule municipality may prohibit the display of
123+20 outdoor political campaign signs on residential property
124+21 during any period of time, the regulation of these signs
125+22 being a power and function of the State and, therefor,
126+23 this item (12) is a denial and limitation of concurrent
127+24 home rule powers and functions under subsection (i) of
128+25 Section 6 of Article VII of the Illinois Constitution.
129+26 (b) The powers enumerated in this Section may not be used
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106-1 (b) The powers enumerated in this Section may not be used
107-2 in any way that violates or otherwise contradicts any other
108-3 applicable State or federal law, including the federal Fair
109-4 Housing Act and the Americans with Disabilities Act.
110-5 (c) A municipality may not adopt zoning regulations that
111-6 prohibit:
112-7 (1) the creation of a community-integrated living
113-8 arrangement or housing for a community-integrated living
114-9 arrangement; or
115-10 (2) notwithstanding paragraph (9) of subsection (a), 2
116-11 or more individuals, who are not related by blood, from
117-12 living together in a community-integrated living
118-13 arrangement or housing for a community-integrated living
119-14 arrangement.
120-15 (d) The powers enumerated may be exercised within the
121-16 corporate limits or within contiguous territory not more than
122-17 one and one-half miles beyond the corporate limits and not
123-18 included within any municipality. However, if any municipality
124-19 adopts a plan pursuant to Division 12 of Article 11 which plan
125-20 includes in its provisions a provision that the plan applies
126-21 to such contiguous territory not more than one and one-half
127-22 miles beyond the corporate limits and not included in any
128-23 municipality, then no other municipality shall adopt a plan
129-24 that shall apply to any territory included within the
130-25 territory provided in the plan first so adopted by another
131-26 municipality. No municipality shall exercise any power set
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140+1 in any way that violates or otherwise contradicts any other
141+2 applicable State or federal law, including the federal Fair
142+3 Housing Act and the Americans with Disabilities Act.
143+4 (c) A municipality may not adopt zoning regulations that
144+5 prohibit 2 or more individuals who are not related by blood
145+6 from living together in the same residence.
146+7 (d) A municipality may not adopt zoning regulations that
147+8 prohibit the creation of a community-integrated living
148+9 arrangement or housing for a community-integrated living
149+10 arrangement.
150+11 (e) The powers enumerated may be exercised within the
151+12 corporate limits or within contiguous territory not more than
152+13 one and one-half miles beyond the corporate limits and not
153+14 included within any municipality. However, if any municipality
154+15 adopts a plan pursuant to Division 12 of Article 11 which plan
155+16 includes in its provisions a provision that the plan applies
156+17 to such contiguous territory not more than one and one-half
157+18 miles beyond the corporate limits and not included in any
158+19 municipality, then no other municipality shall adopt a plan
159+20 that shall apply to any territory included within the
160+21 territory provided in the plan first so adopted by another
161+22 municipality. No municipality shall exercise any power set
162+23 forth in this Division 13 outside the corporate limits
163+24 thereof, if the county in which such municipality is situated
164+25 has adopted "An Act in relation to county zoning", approved
165+26 June 12, 1935, as amended. Nothing in this Section prevents a
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142-1 forth in this Division 13 outside the corporate limits
143-2 thereof, if the county in which such municipality is situated
144-3 has adopted "An Act in relation to county zoning", approved
145-4 June 12, 1935, as amended. Nothing in this Section prevents a
146-5 municipality of more than 112,000 population located in a
147-6 county of less than 185,000 population that has adopted a
148-7 zoning ordinance and the county that adopted the zoning
149-8 ordinance from entering into an intergovernmental agreement
150-9 that allows the municipality to exercise its zoning powers
151-10 beyond its territorial limits; provided, however, that the
152-11 intergovernmental agreement must be limited to the territory
153-12 within the municipality's planning jurisdiction as defined by
154-13 law or any existing boundary agreement. The county and the
155-14 municipality must amend their individual zoning maps in the
156-15 same manner as other zoning changes are incorporated into
157-16 revised zoning maps. No such intergovernmental agreement may
158-17 authorize a municipality to exercise its zoning powers, other
159-18 than powers that a county may exercise under Section 5-12001
160-19 of the Counties Code, with respect to land used for
161-20 agricultural purposes. This amendatory Act of the 92nd General
162-21 Assembly is declarative of existing law. No municipality may
163-22 exercise any power set forth in this Division 13 outside the
164-23 corporate limits of the municipality with respect to a
165-24 facility of a telecommunications carrier defined in Section
166-25 5-12001.1 of the Counties Code.
167-26 (e) Notwithstanding any other provision of law to the
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176+1 municipality of more than 112,000 population located in a
177+2 county of less than 185,000 population that has adopted a
178+3 zoning ordinance and the county that adopted the zoning
179+4 ordinance from entering into an intergovernmental agreement
180+5 that allows the municipality to exercise its zoning powers
181+6 beyond its territorial limits; provided, however, that the
182+7 intergovernmental agreement must be limited to the territory
183+8 within the municipality's planning jurisdiction as defined by
184+9 law or any existing boundary agreement. The county and the
185+10 municipality must amend their individual zoning maps in the
186+11 same manner as other zoning changes are incorporated into
187+12 revised zoning maps. No such intergovernmental agreement may
188+13 authorize a municipality to exercise its zoning powers, other
189+14 than powers that a county may exercise under Section 5-12001
190+15 of the Counties Code, with respect to land used for
191+16 agricultural purposes. This amendatory Act of the 92nd General
192+17 Assembly is declarative of existing law. No municipality may
193+18 exercise any power set forth in this Division 13 outside the
194+19 corporate limits of the municipality with respect to a
195+20 facility of a telecommunications carrier defined in Section
196+21 5-12001.1 of the Counties Code.
197+22 (f) Notwithstanding any other provision of law to the
198+23 contrary, 30 days prior to the issuance of any permits for a
199+24 new telecommunications facility within 1.5 miles of a
200+25 municipality, the telecommunications carrier constructing the
201+26 facility shall provide written notice of its intent to
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178-1 contrary, 30 days prior to the issuance of any permits for a
179-2 new telecommunications facility within 1.5 miles of a
180-3 municipality, the telecommunications carrier constructing the
181-4 facility shall provide written notice of its intent to
182-5 construct the facility. The notice shall include, but not be
183-6 limited to, the following information: (i) the name, address,
184-7 and telephone number of the company responsible for the
185-8 construction of the facility, (ii) the address and telephone
186-9 number of the governmental entity that is to issue the
187-10 building permit for the telecommunications facility, (iii) a
188-11 site plan and site map of sufficient specificity to indicate
189-12 both the location of the parcel where the telecommunications
190-13 facility is to be constructed and the location of all the
191-14 telecommunications facilities within that parcel, and (iv) the
192-15 property index number and common address of the parcel where
193-16 the telecommunications facility is to be located. The notice
194-17 shall not contain any material that appears to be an
195-18 advertisement for the telecommunications carrier or any
196-19 services provided by the telecommunications carrier. The
197-20 notice shall be provided in person, by overnight private
198-21 courier, or by certified mail to all owners of property within
199-22 250 feet of the parcel in which the telecommunications carrier
200-23 has a leasehold or ownership interest. For the purposes of
201-24 this notice requirement, "owners" means those persons or
202-25 entities identified from the authentic tax records of the
203-26 county in which the telecommunications facility is to be
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212+1 construct the facility. The notice shall include, but not be
213+2 limited to, the following information: (i) the name, address,
214+3 and telephone number of the company responsible for the
215+4 construction of the facility, (ii) the address and telephone
216+5 number of the governmental entity that is to issue the
217+6 building permit for the telecommunications facility, (iii) a
218+7 site plan and site map of sufficient specificity to indicate
219+8 both the location of the parcel where the telecommunications
220+9 facility is to be constructed and the location of all the
221+10 telecommunications facilities within that parcel, and (iv) the
222+11 property index number and common address of the parcel where
223+12 the telecommunications facility is to be located. The notice
224+13 shall not contain any material that appears to be an
225+14 advertisement for the telecommunications carrier or any
226+15 services provided by the telecommunications carrier. The
227+16 notice shall be provided in person, by overnight private
228+17 courier, or by certified mail to all owners of property within
229+18 250 feet of the parcel in which the telecommunications carrier
230+19 has a leasehold or ownership interest. For the purposes of
231+20 this notice requirement, "owners" means those persons or
232+21 entities identified from the authentic tax records of the
233+22 county in which the telecommunications facility is to be
234+23 located. If, after a bona fide effort by the
235+24 telecommunications carrier to determine the owner and his or
236+25 her address, the owner of the property on whom the notice must
237+26 be served cannot be found at the owner's last known address, or
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214-1 located. If, after a bona fide effort by the
215-2 telecommunications carrier to determine the owner and his or
216-3 her address, the owner of the property on whom the notice must
217-4 be served cannot be found at the owner's last known address, or
218-5 if the mailed notice is returned because the owner cannot be
219-6 found at the last known address, the notice requirement of
220-7 this paragraph is deemed satisfied. For the purposes of this
221-8 paragraph, "facility" means that term as it is defined in
222-9 Section 5-12001.1 of the Counties Code.
223-10 (f) If a municipality adopts a zoning plan covering an
224-11 area outside its corporate limits, the plan adopted shall be
225-12 reasonable with respect to the area outside the corporate
226-13 limits so that future development will not be hindered or
227-14 impaired; it is reasonable for a municipality to regulate or
228-15 prohibit the extraction of sand, gravel, or limestone even
229-16 when those activities are related to an agricultural purpose.
230-17 If all or any part of the area outside the corporate limits of
231-18 a municipality which has been zoned in accordance with the
232-19 provisions of this Division 13 is annexed to another
233-20 municipality or municipalities, the annexing unit shall
234-21 thereafter exercise all zoning powers and regulations over the
235-22 annexed area.
236-23 (g) In all ordinances passed under the authority of this
237-24 Division 13, due allowance shall be made for existing
238-25 conditions, the conservation of property values, the direction
239-26 of building development to the best advantage of the entire
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248+1 if the mailed notice is returned because the owner cannot be
249+2 found at the last known address, the notice requirement of
250+3 this paragraph is deemed satisfied. For the purposes of this
251+4 paragraph, "facility" means that term as it is defined in
252+5 Section 5-12001.1 of the Counties Code.
253+6 (g) If a municipality adopts a zoning plan covering an
254+7 area outside its corporate limits, the plan adopted shall be
255+8 reasonable with respect to the area outside the corporate
256+9 limits so that future development will not be hindered or
257+10 impaired; it is reasonable for a municipality to regulate or
258+11 prohibit the extraction of sand, gravel, or limestone even
259+12 when those activities are related to an agricultural purpose.
260+13 If all or any part of the area outside the corporate limits of
261+14 a municipality which has been zoned in accordance with the
262+15 provisions of this Division 13 is annexed to another
263+16 municipality or municipalities, the annexing unit shall
264+17 thereafter exercise all zoning powers and regulations over the
265+18 annexed area.
266+19 (h) In all ordinances passed under the authority of this
267+20 Division 13, due allowance shall be made for existing
268+21 conditions, the conservation of property values, the direction
269+22 of building development to the best advantage of the entire
270+23 municipality and the uses to which the property is devoted at
271+24 the time of the enactment of such an ordinance. The powers
272+25 conferred by this Division 13 shall not be exercised so as to
273+26 deprive the owner of any existing property of its use or
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250-1 municipality and the uses to which the property is devoted at
251-2 the time of the enactment of such an ordinance. The powers
252-3 conferred by this Division 13 shall not be exercised so as to
253-4 deprive the owner of any existing property of its use or
254-5 maintenance for the purpose to which it is then lawfully
255-6 devoted, but provisions may be made for the gradual
256-7 elimination of uses, buildings and structures which are
257-8 incompatible with the character of the districts in which they
258-9 are made or located, including, without being limited thereto,
259-10 provisions (a) for the elimination of such uses of unimproved
260-11 lands or lot areas when the existing rights of the persons in
261-12 possession thereof are terminated or when the uses to which
262-13 they are devoted are discontinued; (b) for the elimination of
263-14 uses to which such buildings and structures are devoted, if
264-15 they are adaptable for permitted uses; and (c) for the
265-16 elimination of such buildings and structures when they are
266-17 destroyed or damaged in major part, or when they have reached
267-18 the age fixed by the corporate authorities of the municipality
268-19 as the normal useful life of such buildings or structures.
269-20 (h) This Section amendatory Act of 1971 does not apply to
270-21 any municipality which is a home rule unit, except that
271-22 subsections (b) and (c) and paragraph (12) of subsection (a)
272-23 apply to home rule municipalities as provided in item (12). A
273-24 home rule unit may not exercise the zoning and other powers
274-25 described in subsections (b) and (c) and paragraph (12) of
275-26 subsection (a) in a manner that is inconsistent with the
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284+1 maintenance for the purpose to which it is then lawfully
285+2 devoted, but provisions may be made for the gradual
286+3 elimination of uses, buildings and structures which are
287+4 incompatible with the character of the districts in which they
288+5 are made or located, including, without being limited thereto,
289+6 provisions (a) for the elimination of such uses of unimproved
290+7 lands or lot areas when the existing rights of the persons in
291+8 possession thereof are terminated or when the uses to which
292+9 they are devoted are discontinued; (b) for the elimination of
293+10 uses to which such buildings and structures are devoted, if
294+11 they are adaptable for permitted uses; and (c) for the
295+12 elimination of such buildings and structures when they are
296+13 destroyed or damaged in major part, or when they have reached
297+14 the age fixed by the corporate authorities of the municipality
298+15 as the normal useful life of such buildings or structures.
299+16 (i) This Section amendatory Act of 1971 does not apply to
300+17 any municipality which is a home rule unit, except that
301+18 subsections (b), (c), and (d) and paragraph (12) of subsection
302+19 (a) apply to home rule municipalities as provided in item
303+20 (12). A home rule unit may not exercise the zoning and other
304+21 powers described in subsections (b), (c), and (d) and
305+22 paragraph (12) of subsection (a) in a manner that is
306+23 inconsistent with the regulation by the State of those powers
307+24 under those provisions. This subsection (i) is a limitation
308+25 under subsection (i) of Section 6 of Article VII of the
309+26 Illinois Constitution on the concurrent exercise by home rule
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286-1 regulation by the State of those powers under those
287-2 provisions. This subsection (h) is a limitation under
288-3 subsection (i) of Section 6 of Article VII of the Illinois
289-4 Constitution on the concurrent exercise by home rule units of
290-5 powers and functions exercised by the State.
291-6 (Source: P.A. 96-904, eff. 1-1-11; 97-496, eff. 8-22-11.)
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