SB 966 — HOUSING-TECH

SB0966 EngrossedEnrolled LRB094 04641 DRJ 34670 b AN ACT concerning housing.

to prohibit uses, buildings or structures incompatible with the character of such districts SB0966 EngrossedEnrolled - 2 - LRB094 04641 DRJ 34670 b respectively;

nor shall they be exercised so as to impose regulations, eliminate uses, buildings, or structures, or require permits with respect to land used for agricultural purposes, which includes the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such SB0966 EngrossedEnrolled - 3 - LRB094 04641 DRJ 34670 b agricultural purposes constitute the principal activity on the land, other than parcels of land consisting of less than 5 acres from which $1,000 or less of agricultural products were sold in any calendar year in counties with a population between 300,000 and 400,000 or in counties contiguous to a county with a population between 300,000 and 400,000, and other than parcels of land consisting of less than 5 acres in counties with a population in excess of 400,000, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land except that such buildings or structures for agricultural purposes may be required to conform to building or set back lines and counties may establish a minimum lot size for residences on land used for agricultural purposes;

nor shall any such powers include the right to specify or regulate the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in the Public Utilities Act, if the public utility is subject to the Messages Tax Act, the Gas Revenue Tax Act or the Public Utilities Revenue Act, or if such facilities or equipment are located on any rights of way and are used for railroad purposes, nor shall any such powers be exercised with respect to uses, buildings, or structures of a public utility as defined in the Public Utilities Act, nor shall any such powers be exercised in any respect as to the facilities, as defined in Section 5-12001.1, of a telecommunications carrier, as also defined therein, except to the extent and in the manner set forth in Section SB0966 EngrossedEnrolled - 4 - LRB094 04641 DRJ 34670 b 5-12001.1.

The powers granted by this Division may be used to promoterequire the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are buildingcreating, establishing, or preserving affordable housing.

SB0966 Enrolled - 5 - LRB094 04641 DRJ 34670 b (65 ILCS 5/11-13-1) (from Ch.

11-13-1) SB0966 Engrossed - 5 - LRB094 04641 DRJ 34670 b Sec.

(8) to prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and SB0966 Enrolled - 6 - LRB094 04641 DRJ 34670 b limitations lawfully imposed under this Division 13;

(9) to SB0966 Engrossed - 6 - LRB094 04641 DRJ 34670 b classify, to regulate and restrict the use of property on the basis of family relationship, which family relationship may be defined as one or more persons each related to the other by blood, marriage or adoption and maintaining a common household;

and (11) to promoterequire the creation and preservation of affordable housing, including the power to provide increased density or other zoning incentives to developers who are buildingcreating, establishing, or preserving affordable housing.

provided, however, that the intergovernmental agreement must be limited to the territory within the municipality’s planning SB0966 EngrossedEnrolled - 7 - LRB094 04641 DRJ 34670 b be limited to the territory within the municipality’s planning jurisdiction as defined by law or any existing boundary agreement.

If, after a bona fide effort by the telecommunications carrier to determine the owner and his or her address, the owner of the property on whom the notice must be served cannot be found at the owner’s last known address, or if the mailed notice is SB0966 Enrolled - 8 - LRB094 04641 DRJ 34670 b returned because the owner cannot be found at the last known SB0966 Engrossed - 8 - LRB094 04641 DRJ 34670 b address, the notice requirement of this paragraph is deemed satisfied.

(b) for the elimination of uses to which such buildings and structures are devoted, if they are SB0966 Enrolled - 9 - LRB094 04641 DRJ 34670 b adaptable for permitted uses;

and (c) for the elimination of SB0966 Engrossed - 9 - LRB094 04641 DRJ 34670 b such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the corporate authorities of the municipality as the normal useful life of such buildings or structures.

"Affordable housing development" means (i) any housing that is subsidized by the federal or State government or (ii) any housing in which at least 20% of the dwelling units are subject to covenants or restrictions that require that the dwelling units be sold or rented at prices that preserve them SB0966 Enrolled - 10 - LRB094 04641 DRJ 34670 b as affordable housing for a period of at least 15 years, in the SB0966 Engrossed - 10 - LRB094 04641 DRJ 34670 b case of for-sale housing, and at least 30 years, in the case of rental housing.

"Development" means any building, construction, renovation, or excavation or any material change in the use or appearance of any structure or in the landland, itself;

or any change in the intensity or use of such structure or land, that results in a net increase in the number of dwelling units in a structure or on a parcel of land by more than one dwelling unit such as an increase in the number of dwelling units in a structure or a change to a commercial use.

"Housing trust fund" means a separate fundfund, either within a local government or between local governments pursuant to intergovernmental agreement, established solely for the purposepurposes authorized in subsection (d) of Section 25, including, without limitation, the holding and disbursing of financial SB0966 Enrolled - 11 - LRB094 04641 DRJ 34670 b resources to address the affordable housing needs of individuals or households that may occupy low-income or moderate-income housing.

"Low-income housing" means housing that is affordable, according to the federal Department of Housing and Urban Development, for either home ownership or rental, and that is SB0966 Engrossed - 11 - LRB094 04641 DRJ 34670 b occupied, reserved, or marketed for occupancy by households with a gross household income that does not exceed 50% of the area median household income.

UponAny recalculationlocal ofgovernment thethat non-exemptis listdetermined underby Sectionthe 20Illinois usingHousing newDevelopment decennialAuthority censusunder data,Section any20 local government determined to be non-exempt for the first time bybased on the Illinoisrecalculation Housingof Developmentdecennial Authoritycensus data after 2010 shall have 18 months from the date of notification of its non-exempt status to approve an affordable housing plan under this Act.

SB0966 Enrolled - 12 - LRB094 04641 DRJ 34670 b (i) a statement of the total number of affordable housing units that are necessary to exempt the local government from the operation of this Act as defined in Section 15 and Section 20;

(ii) an identification of lands within the jurisdiction that are most appropriate for the construction of affordable housing and of existing SB0966 Engrossed - 12 - LRB094 04641 DRJ 34670 b structures most appropriate for conversion to, or rehabilitation for, affordable housing, including a consideration of lands and structures of developers who have expressed a commitment to provide affordable housing and lands and structures that are publicly or semi-publicly owned;

(d) In order to promote the goals of this Act and to maximize the creationcreation, establishment, or preservation of affordable housing throughout the State of Illinois, a local government, whether exempt or non-exempt under this Act, may SB0966 Enrolled - 13 - LRB094 04641 DRJ 34670 b adopt the following measures to address the need for affordable housing:

(1) ALocal localgovernments government may individually or jointly create or participate in a housing trust fund,fund whichor mayotherwise beprovide used,funding or support for the purpose of supporting affordable housing, including, without limitation, to support the following affordable housing activities:

SB0966 Engrossed - 13 - LRB094 04641 DRJ 34670 b (B) Acquisition, including, without limitation, vacant land, single-family homes, multi-unit buildings, and other existing structures that may be used in whole or in part for residential use.

(I) CapacityGrants grantsor loans to not-for-profit organizations that are actively engaged in addressing the affordable housing needs of low-income and moderate-income households.

acquire developed or undeveloped parcelsinterests ofin land;real property and hold them for affordable housing purposes;

holdconvey themsuch ininterests perpetuity and for conveyance under long-term leases, including ground leases;

transferconvey ownershipsuch ofinterests anyfor structuralSB0966 improvementsEnrolled on- such14 parcels- toLRB094 lessees;04641 DRJ 34670 b affordable housing purposes;

and retain aan preemptive option to purchasereacquire any such structuralreal improvementsproperty interests at a price determined by a formula ensuring that thesuch improvementinterests remains affordable in perpetuity to individuals or households that may occupybe low-incomeutilized orfor moderate-incomeaffordable housing.housing purposes.

(3) A local government may use its zoning powers to promoterequire the creation and preservation of affordable housing as authorized under Section 5-12001 of the Counties Code and Section 11-13-1 of the Illinois Municipal Code.

(4) A local government may accept donations of money or SB0966 Engrossed - 14 - LRB094 04641 DRJ 34670 b land infor orderthe topurpose useof thoseaddressing donations to address the affordable housing needs of individuals or households that may occupy low-income or moderate-income housing.

These donations may includeinclude, without limitation, donations of money or land from developerspersons in lieu of building affordable housing.

(e) In order to encourage regional cooperation and the maximum creation of affordable housing in areas lacking such housing in the State of Illinois, any non-exempt local government may enter into intergovernmental agreements under subsection (e) of Section 25 with local governments within 10 miles of its corporate boundaries in order to create affordable housing units to meet the goals of this Act.

All intergovernmental agreements entered into to create affordable housing units to meet the goals of this Act must also specify the basis for determining how many of the affordable housing units created will be credited to each local government participating in the agreement for purposes of complying with this Act.

InAll specifyingintergovernmental howagreements manyentered into to create affordable housing units willto bemeet creditedthe togoals eachof localthis government,Act must also specify the sameanticipated number of newly created affordable housing unitunits maythat notare to be countedcredited byto moreeach thanlocal onegovernment localparticipating government.in the agreement for purposes of complying with this Act.

ThisIn subsectionspecifying (e)how ismany inoperativeaffordable onhousing andunits afterwill Januarybe 1,credited 2010.to each local SB0966 Enrolled - 15 - LRB094 04641 DRJ 34670 b government, the same affordable housing unit may not be counted by more than one local government.

Beginning January 1, 2006, an affordable housing developer whose application is either denied or approved with conditions that in his or her judgment render the provision of affordable housing infeasible may, within 45 days after the decision, submit to the State Housing Appeals Board information regarding why the developer believes he or she was unfairly denied or conditions were placed upon the tentative approval of the development unless the local government that SB0966 Engrossed - 15 - LRB094 04641 DRJ 34670 b rendered the decision is exempt under Section 15 or Section 20 of this Act.

In the case of local governments that are determined to be non-exempt for the first time by the Illinois Housing Development Authority under Section 20 usingto newbe non-exempt for the first time based on the recalculation of decennial census data,data after 2010, no developer may appeal to the State Housing Appeals Board until 60 months after a local government has been notified of its non-exempt status.

(c) Beginning January 1, 2009, the Board shall render a SB0966 Enrolled - 16 - LRB094 04641 DRJ 34670 b decision on the appeal within 120 days after the appeal is filed.