The Illinois General Assembly is considering another bill that would restrict local zoning authority. Yesterday, we reported on the bill that would restrict municipal zoning authority over “hoop houses” (temporary green houses for gardens). Today, we report on HB 2919 which, if passed, would restrict municipal zoning authority over short-term rentals (i.e., AirBNB, HomeAway, etc.)
If passed, the bill would prohibit municipalities from enacting any ordinance, regulation, or plan that would prohibit short-term rentals or even regulate them based on classification, use, or occupancy. There are a few exceptions to the ban that would allow the regulation of short-term rentals to protect the public health, safety, and other circumstances. That exception would seem to allow municipalities to exercise zoning authority to regulate or restrict short-term rentals so long as the primary purpose of the regulation is to protect fire and building codes, traffic control, or other health and safety concerns.
We will keep you posted on this and other bills proposing to restrict municipal zoning authority this session.