Batavia Illinois – The 5th Ward

During his “State of the State” address last week, the governor emphasized the need for more housing across Illinois. That push is directly reflected in House Bill 5626, a sweeping piece of legislation introduced the very same day.

If passed as currently written, HB 5626 will have a major impact on local government and it’s role in housing decisions. Below is a breakdown of the bill’s key details, along with an initial “swing” at what these mandates would mean specifically for Batavia.

Keep in mind, this bill has not yet passed, but it does have a January 1, 2027 implementation date which would imply a desire to move it forward quickly.

Bill Text: https://www.ilga.gov/Legislation/BillStatus/FullText?GAID=18&DocNum=5626&DocTypeID=HB&LegId=0&SessionID=114

Building Codes and Single Stairways

• Beginning January 1, 2027, county and municipal building codes cannot prohibit residential buildings from using a single stairway as an exit for all units.
• These buildings must have no more than 6 stories above grade plane.
• The buildings must be equipped with an automatic sprinkler system in the interior exit stairway.
• All dwelling unit exit doors must have self-closing devices.
• Smoke detection must be equipped throughout common areas and individual units.
• Each dwelling unit must have at least one emergency escape and rescue opening.
• Floors cannot have more than 4 individual dwelling units.

Impact Mitigation Fees

• The bill establishes mandatory statewide formulas for impact mitigation fees related to schools, parks, transportation, public safety, and stormwater.
• The Department of Commerce and Economic Opportunity is responsible for issuing and annually updating the mandatory formula components.
• Municipalities are prohibited from using alternative calculation methods.
• Exemptions are required for affordable housing units at or below 60% of the Area Median Income, permanent supportive housing, transitional housing, and accessory dwelling units.

Accessory Dwelling Units (ADUs)

• By January 1, 2027, municipalities must authorize the development of accessory dwelling units in all zoning districts that permit single-family dwellings.
• Municipalities cannot require additional parking spaces for properties with an accessory dwelling unit.
• Ordinances cannot mandate a familial relationship between the occupants of the primary dwelling and the accessory unit.
• The bill prohibits setting minimum or maximum limits on the square footage or the number of bedrooms for an accessory dwelling unit.

Automobile Parking Requirements

•  Starting January 1, 2027, municipalities cannot require more than 0.5 parking spaces per multi-family unit or more than one space per single-family home.
•  Minimum parking requirements are banned for residential dwellings under 1,500 square feet.
•  Minimum parking requirements are banned for affordable housing projects, assisted living establishments, ground-level nonresidential spaces in mixed-use buildings, and buildings converting from nonresidential to residential uses.

Middle Housing Entitlements

• The bill permits at least one detached single-family dwelling by right on any lot of 2,500 square feet or less.
• Lots between 2,500 and 5,000 square feet are permitted up to 4 dwelling units by right.
• Lots between 5,000 and 7,500 square feet are permitted up to 6 dwelling units by right.
• Lots larger than 7,500 square feet are permitted up to 8 dwelling units by right.
• Middle housing applications meeting clear and objective standards must be processed without discretionary review.
• Default state standards apply if a municipality fails to adopt conforming zoning amendments within 8 months of the law taking effect.

Building Inspections and Plan Reviews

• Municipalities must complete initial plan reviews within 15 business days for 1-to-2 family residential projects and within 30 business days for multi-family or commercial projects.
• Required inspections must be conducted within 2 business days of a request.
• If a municipality misses these deadlines, applicants have the right to retain a qualified third-party plan reviewer or inspector.
• Municipalities must accept compliant third-party reviews and issue permits or certificates within a strict turnaround of 1 to 2 business days.

What These Changes Mean for Batavia (First Swing)

Batavia currently maintains a traditional suburban zoning structure, with designated single-family residential districts (like R0 and R1-L) and strict local code enforcement. This state legislation effectively overrides “Home Rule” on several key issues, which would significantly alter local control over Batavia’s housing density, parking, and permitting:

A Shift in Residential Density: Batavia’s single-family neighborhoods would essentially be upzoned at the state level. Because the bill requires allowing up to 8 units on lots over 7,500 square feet (for reference a quarter acre lot is 10,890 square feet), classic single-family parcels in Batavia could be converted into “middle housing” (such as townhomes or cottage clusters) as a permitted use, circumventing the city’s customary discretionary design review and public hearing processes.

Legalization of Backyard Cottages/ADUs: The city would have to allow Accessory Dwelling Units by right in all single-family zones by January 1, 2027. Batavia could not limit them through arbitrary square-footage caps, bedroom limits, or extra parking space requirements.

Standardized Impact Fees: Kane County and local school and park districts currently assess various impact fees on developers. Under this law, Batavia and local taxing bodies would have to conform strictly to the state’s uniform fee calculation templates, removing local leverage to negotiate custom infrastructure exactions for schools, roads, and parks.

Faster Permitting Timelines: Batavia’s building department would be forced into a 15-day or 30-day shot clock for plan reviews. Additionally, if city inspectors are booked out and miss the 2-day inspection window, local developers building in Batavia will legally be allowed to bypass the city’s inspectors entirely and hire qualified third parties.

Friction with Batavia’s Parking Culture: Batavia currently prohibits street parking citywide between 1:00 a.m. and 6:00 a.m. Because the new state law would ban off-street parking minimums for homes under 1,500 square feet and cap municipal requirements at 1 off-street space per single-family home, residents moving into new middle-housing or ADUs may struggle with the lack of dedicated off-street parking combined with the city’s strict overnight street ban (which may need to repealed).

Author: Jim Fahrenbach