The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare and the environment of the residents of the unincorporated areas of DuPage County, and to effectuate the purposes of this chapter and enabling legislation.

(2005 Code)

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other applicable statute, law, ordinance, regulation, or rule, the provision which is most restrictive or imposes the higher standards or requirements shall apply.

(2005 Code)

Although the requirements of this chapter are written in very specific terms, reasonable flexibility is offered through such devises as appeals, variations, conditional uses and conditional use - planned development.

(2005 Code)

This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.

(2005 Code)

No building, structure, or use not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, in any manner that said unlawful building, structure, or use is in conflict with the requirements of this chapter, said building, structure, or use shall remain unlawful under the provisions of this chapter.

(2005 Code)

Nothing contained in this chapter shall be deemed to consent to, license, or permit to use any property or to locate, construct, or maintain any building, structure, site, facility, or operation, or to carry on any trade, industry, occupation, or activity without first obtaining an appropriate building permit, stormwater management permit and/or and zoning certificate.

(2005 Code)

The provisions of this chapter shall be interpreted to be cumulative of, and to impose limitations in addition to, all other ordinances, laws, codes, and regulations in existence or which may be passed governing any subject matter of this chapter.

To the greatest extent possible, the provisions of this chapter shall be construed to be consistent with, and not in conflict with, the provisions of such other ordinances, laws, codes, and regulations, and with each other, to the end that all such provisions may be given their fullest application.

(2005 Code)

A.

The several provisions of this chapter shall be severable in accordance with the following rules:

1.

If any court of competent jurisdiction shall adjudge any provision of this chapter invalid, such judgment shall not affect any other provision of this chapter.

2.

If any court of competent jurisdiction shall adjudge the application of any provision of this chapter to a particular parcel of land, a particular structure, or a particular development, such judgment shall not affect the application of said provisions to any other land, structure, or development.

B.

All such unaffected provisions of this chapter shall remain in full force and effect.

(2005 Code)

If any court of competent jurisdiction shall adjudge any provision of this chapter or any amendments thereto, to be invalid, such judgment shall not affect any other provisions of this chapter or any amendments thereto, not specifically included in said judgment.

(2005 Code)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter or any amendments thereto, to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

(2005 Code)

It is hereby declared that the provisions of this chapter shall apply to all properties in unincorporated DuPage County as hereinafter specifically provided.

(2005 Code)

A.

All buildings or structures erected hereafter, all uses of land or buildings and structures established hereafter, and all structural alteration or relocation of existing buildings and structures occurring hereafter shall be subject to all regulations of this chapter applicable to the zoning districts in which such buildings, structures, uses, or land shall be located.

B.

Where a lot is to be occupied for a permitted use without buildings or structures, all yards required for such lot shall be provided and maintained unless otherwise stipulated in this chapter, except that side yards shall not be required on lots used for agricultural purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas except for buildings.

(2005 Code)

Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter and provided that construction is begun within six (6) months after such effective date and diligently prosecuted to completion (completion to be accomplished within eighteen (18) months of the adoption of this chapter), said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and further, may upon completion be occupied under a certificate of occupancy for the use originally designed, subject thereafter to the provisions of Article V of this chapter.

(2005 Code)

Any legal building, structure or use existing at the time of the enactment of the zoning ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing legal use may be continued, subject to the provisions in Article V of this chapter.

(2005 Code)

A.

Where a use is hereinafter classified as a conditional use under this chapter and exists as a conditional use or a permitted use on the date of the adoption of this comprehensive amendment, or by any subsequent amendment thereto, such use shall be considered to be a legal conditional use, which use shall be limited to: 1) the specific use in existence on the date of adoption as stated above; 2) the geographic area used by such use on the date of adoption as stated above; and 3) the physical improvements and equipment which constitutes a part of such use on the date of adoption as stated above; provided however, that; a) where individual mobile homes, as an integral part of a mobile home park are currently located within a special flood hazard area (SFHA) and/or wetland area, as determined by section 37-414 of this chapter, such mobile homes shall be anchored in accordance with the criteria established in section 37-705.9, 37-706.9 and 37-707.9 of this chapter.

B.

Where a use is not allowed as a conditional use, or a permitted use, under this chapter, and exists as a conditional use on the date of adoption of this amendment, or by a subsequent amendment thereto, such use shall be classified as a nonconforming use and, may be continued subject to the provisions of article V of this chapter.

C.

No legal conditional use shall be changed to any other use, unless such new use is a permitted use in the district in which the property is located; nor shall such legal conditional use be altered or expanded in any manner, except in compliance with the following:

1.

Application amending the legal conditional use, filed in accordance with section 37-1413 of this chapter.

2.

The use shall comply with all other requirements of the district in which the property is located.

3.

The use shall comply with all requirements established under section 37-404 of this chapter. (2005 Code)

D.

Where a building, structure or use is hereinafter entitled as a Map Amendment, Variation or a Conditional Use by approval by the County Board and exists on the date of the adoption of any subsequent amendment thereto, such building, structure or use shall be considered to be a legal map amendment, variation or conditional use, which use shall be limited to: 1) the specific use in existence on the date of adoption as stated above; 2) the geographic area used by such use on the date of adoption as stated above; and 3) the physical improvements and equipment which constitutes a part of such use on the date of adoption as stated above pursuant to all the terms of relief including specific conditions thereto as approved by the County Board.

(2005 Code; Ord. No. T-2-12, 10-23-2012)

Except as hereinafter provided, when a use is not specifically listed as a permitted or conditional use in any specific zoning district, such use shall be expressly prohibited.

(2005 Code)

A.

DETERMINATIONS CONCERNING USES NOT SPECIFIED: When a particular use or uses, or classes of uses, is not specifically identified in this zoning ordinance but which is of the same general character as those listed as permitted principal or accessory uses, or uses permissible by conditional use, the Director, Department of Economic Development and Planning, shall make a determination in the matter. The director shall give due consideration to the intent of the zoning ordinance concerning the district involved, the character of uses specifically identified, and the character of the use or uses in question.

B.

NOTIFICATIONS CONCERNING DETERMINATIONS: Upon making a determination, the Director, Department of Economic Development and Planning, shall notify the Zoning Board of Appeals and the County Board Development Committee of that determination.

C.

EFFECT OF FINDINGS BY DIRECTOR, DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING: If in making the determination, the director finds that the particular use or class of use is of unusual or transitory nature, or is unlikely to recur frequently, the determination shall thereafter be binding on all officers and agencies of the County of DuPage as an administrative ruling, and without further action or amendment of this zoning ordinance. If the director finds that the particular use or class of use is likely to be common or recurrent, the director shall include the proposed change in the next forthcoming text amendment to rectify the omission.

(2005 Code)

The new or unlisted uses shall be similar in impact, function and characteristics to uses listed in the district. Other standards for determination of compatibility are as follows:

A.

Volume and type of sales, retail or wholesale, size and type of items sold, and the nature of the inventory on the premises.

B.

Any processing done on the premises; assembly, manufacturing, smelting, warehousing, shipping and distribution; and any dangerous, hazardous, toxic or explosive materials used in processing.

C.

The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored, i.e., business vehicles, work in progress, inventory and merchandise, construction materials, scrap and junk, and bulk ores, powders and liquids.

D.

The type, size and nature of buildings and structures supporting the use.

E.

The number and density of employees and customers; and the per unit area of site and buildings in relation to business hours and employment shifts.

F.

The business hours the use is in operation or open for business.

G.

Transportation requirements, including mode of transportation, by volume, type and characteristics of traffic generated to and from the site, trip purposes, and whether trip purposes can be shared with other uses on the site.

H.

Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area or activity, and potential for shared parking with other uses.

I.

Predilection for attracting or repelling criminal activities to, from, or on the premises.

J.

Amount and nature of nuisances generated on the premises - noise, smoke, odor, glare, vibration, radiation, and fumes.

K.

Any special public utility requirements for serving the use - water supply, wastewater output, pretreatment of wastes and emissions recommended or required, and any significant power structures and communication towers or facilities required.

(2005 Code)

No building, structure or land shall hereafter be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

(2005 Code)

The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the property owner as long as the building is in existence. Further, no legally required yards, open space, or minimum lot area allocated to any building shall, by virtue of a change in ownership or for any other reason, be used to satisfy yard, open space, or minimum lot area requirements for any other building.

(2005 Code)

All new buildings shall conform to the building regulations established herein for the district in which each building shall be located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the bulk regulations of this chapter for the district in which such buildings shall be located.

(2005 Code)

Except as otherwise provided in Section 37-1414 of this chapter, or as provided for in the DuPage County, Illinois, Subdivision Regulations, every building shall be constructed upon a lot or parcel of land which abuts upon a public street.

(2005 Code)

(Ord. T-4-05, 7-11-2006)

Where two (2) or more permitted or conditional uses, each requiring a minimum lot area, are provided on the same zoning lot, the required lot area for such uses shall be the sum of the areas required for each use individually.

(2005 Code)

No zoning lot shall hereafter be divided into two (2) or more lots unless all lots resulting from each such division shall conform to all the applicable bulk regulations of the zoning district where the property is located. Such lots, created by subdivision or deed division, shall be required to make school and park donations in accordance with the DuPage County Subdivision Regulations for all extra lots created, shall conform to the zoning ordinance standards for stormwater management, and shall be required to pay any and all impact fees, which may apply.

(Ord. T-4-05, 7-11-2006)

All required yards allocated to a building, structure or use shall be located on the same zoning lot as such building, structure or use being served.

(2005 Code)

A.

REQUIRED YARDS FOR EXISTING BUILDINGS: No yards allocated to a building, structure or use existing on the effective date of this chapter shall be subsequently reduced, or be further reduced below the yard requirements of this chapter except a yard adjoining a street may be reduced in depth or width in the event and to the extent, that the right-of-way width of such street adjoining such yard is subsequently increased.

B.

AVERAGE FRONT YARD LESS THAN MINIMUM SETBACK: On streets where a front yard setback has heretofore been maintained by buildings situated on lots or tracts comprising not less than fifty percent (50%) of the total street frontage on one (1) side of that portion of any street including: 1) lying between two (2) intersecting streets, 2) lying between one (1) intersecting street and the centerline extended of the nearest street connecting with, but not intersecting such street, or 3) lying between the centerlines extended or the nearest streets connecting with, but not intersecting such street, buildings shall maintain a front yard (building setback) as required in the zoning district in which such property is located, or may maintain a lesser front yard, as determined by the average front yard (building setback) provided by existing buildings.

(2005 Code)

At the intersection of all streets and/or the intersection of any service entrance drive from a street to a zoning lot, line of sight easements shall be established within the triangular area formed: one (1) at the intersection of any two (2) street right-of-way lines; and/or the intersection of any street right-of-way line with any service entrance drive (both sides of such drive), by a line drawn between such right-of-way lines, and/or such right-of-way line and service entrance drive line, at a distance along such line of twenty-five feet (25′) from the point of intersection thereof.

Within the above vision clearance easements, no obstruction shall be permitted which exceeds three feet (3′) in height above grade, including, but not limited to, buildings, fences and walls, loading and open storage, plant material, play equipment, parking and structures.

(2005 Code)

(Rep. by Ord. T-4-05, 7-11-2006)

The following requirements shall apply in all districts:

A.

Fences, walls or shrubbery shall not be erected, constructed or maintained in conflict with the specifications established in Section 37-405.3 of this article.

B.

No fence, wall or shrubbery may be erected, constructed or maintained on any portion of a zoning lot that might impede the natural flow of stormwater.

(2005 Code)

C.

All fences and walls shall require the issuance of a permit, prior to their erection or construction.

D.

All fences located in the front yard shall be an open fence no taller than four feet (4′) above grade.

E.

All walls located in the front yard shall be no taller than two feet (2′) above average grade.

F.

Fences shall not have an electrical charge sufficient to cause a shock.

G.

Fences for industrial uses and public utility and service conditional uses may have barbed wire on the top provided that they satisfy the following conditions:

1.

No more than three (3) strands of barbed wire shall be used.

2.

The lowest strand of barbed wire shall have a fence height of not less than eight feet (8′).

3.

The vertical supports for the strands of barbed wire shall slant away from the property line at an angle form the vertical of not less than forty-five (45) degrees.

(2005 Code; amd. Ord. T-4-05, 7-11-2006)

A.

FRONT YARDS:

1.

An open fence may be erected at least three (3) inches from any lot line forming a part of the front yard to a height not to exceed four feet six inches (4′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

2.

A gate may be erected to a height not to exceed eight feet six inches (8′6″) above grade provided the gate is at least five (5) feet from the front property line. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

B.

INTERIOR SIDE/YARDS:

1.

An open or solid fence or non retaining wall may be erected at least three (3) inches from any lot line forming a part of the side yard to a height not to exceed six feet six inches (6′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

2.

Where a side lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non retaining wall may be erected at least three (3) inches from any lot line forming a part of the side yard to a height not to exceed eight feet six inches (8′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

3.

A gate may be erected to a height not to exceed eight feet six inches (8′6″) above grade provided the gate is at least five (5) feet from the side property line. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

C.

CORNER SIDE YARDS:

1.

An open or solid fence may be erected at least three (3) inches from any lot line forming a part of the corner side yard to a height not to exceed six feet six inches (6′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

2.

A gate may be erected to a height not to exceed eight feet six inches (8′6″) above grade provided the gate is at least five (5) feet from the corner side property line. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

3.

Where a corner side lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non retaining wall may be erected at least three (3) inches from any lot line forming a part of the corner side yard to a height not to exceed eight feet six inches (8′6″) feet above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

D.

REAR YARDS:

1.

An open or solid fence or non retaining wall may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed six feet six inches (6′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

2.

Within the rear yard of a reversed corner lot an open fence may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed four feet six inches (4′6″). The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

3.

Within the rear yard of a reversed corner lot an open or solid fence or non retaining wall may be erected at least ten (10) feet from any lot line forming a part of the rear yard to a height not to exceed six feet six inches (6′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

4.

A gate may be erected to a height not to exceed eight feet six inches (8′6″) above grade provided the gate is at least five (5) feet from the rear property line. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

5.

Where a rear lot line abuts a business or industrial district or a principal arterial roadway or Illinois interstate or freeway, an open or solid fence or non retaining wall may be erected at least three (3) inches from any lot line forming a part of the rear yard to a height not to exceed eight feet six inches (8′6″) above grade. The finished side or "good" side of any fence or gate shall face outward toward the adjacent property or right-of-way.

(Ord. T-4-05, 7-11-2006; Ord. No. T-2-11, Exh. 1(17), 10-11-2011; Ord. No. T-1-17, 2-13-2018; Ord. No. DC-O-0043-24, 6-25-2024)

A.

FRONT YARDS: No fence or wall shall be permitted in any required front yard.

B.

SIDE/REAR YARDS: An open or solid fence or wall may be erected within three inches (3″) of and property line to a height not to exceed eight feet six inches feet (8′6″) above grade.

C.

CORNER SIDE YARDS: No fence or wall shall be permitted in any required corner side yard.

(2005 Code; Ord. No. T-1-17, 2-13-2018)

A.

FRONT YARDS: No fence or wall shall be permitted in any required front yard.

B.

SIDE/REAR YARDS: An open or solid fence or wall may be erected within three inches (3″) of and property line to a height not to exceed eight feet six inches (8′6″) above grade.

C.

CORNER SIDE YARDS: No fence or wall shall be permitted in any required corner side yard.

(2005 Code; Ord. No. T-1-17, 2-13-2018)

A.

FRONT YARDS: No fence or wall shall be permitted in any required front yard.

B.

SIDE/REAR YARDS: An open or solid fence or wall may be erected within three inches (3″) of and property line to a height not to exceed eight feet six inches (8′6″) above grade.

C.

CORNER SIDE YARDS: No fence or wall shall be permitted in any required corner side yard.

(2005 Code; Ord. No. T-1-17, 2-13-2018)

Special events are temporary uses which may be allowed in any zoning district provided, that they satisfy the following requirements and are authorized by the County Development Committee.

(2005 Code)

Special events shall be subject to the following restrictions:

A.

All Zoning Districts:

1.

All temporary uses, buildings and structures shall observe all yard setback requirements for the districts in which the special events are located.

2.

Special events shall be limited to no more than two (2) occurrences per calendar year for each zoning lot.

3.

An applicant for a special event must apply for and obtain a special events permit from the Department of Economic Development and Planning. The Director, Department of Economic Development and Planning, shall take the application for a special event to the County Development Committee for review and comment. After the petitioner has obtained the review and comments of the committee, having complied with any additional conditions imposed by the committee and having paid all fees, a location permit may be issued by the Department of Economic Development and Planning, Zoning Division.

B.

Residence Districts:

1.

Special events shall be limited to duration of one (1) day each unless otherwise approved for a duration extension by the County Development Committee, (except that garage sales may last from Friday through the first Sunday following that Friday) with no less than one hundred twenty (120) days between special events.

3.

Special events shall begin activities after 9:00 a.m. and shall cease activities by 10:00 p.m. that same day unless otherwise approved for a time extension by the County Development Committee.

C.

Nonresidential Districts:

1.

All special events shall provide on-site parking for attendee vehicles in accordance with Article XII of this chapter.

2.

Special events shall be limited to duration of ten (10) days each with no less than sixty (60) days between special events.

3.

Special events shall begin activities after 9:00 a.m. and shall cease activities by 10:00 p.m. that same day unless otherwise approved for a time extension by the County Development Committee.

(2005 Code; Ord. No. T-2-11, Exh. 1(18), 10-11-2011)

All persons desiring to conduct a special event (except for residential garage sales) shall first submit an application to the Department of Economic Development and Planning, Zoning Division, no later than five (5) days prior to any scheduled County Development Committee Review. The DuPage County Department of Economic Development and Planning, Zoning Division, shall review all applications for compliance with the ordinance and shall report its findings to the County Development Committee.

Such application shall contain the following:

A.

Site Plan: Must show all signage, including banners and all temporary signs.

B.

Parking and Circulation Plan: Must show stalls, circulation paths, access locations and traffic control devices. Need not be required for special events located in residential districts on lots without on site parking.

C.

Sanitary Facilities: Report from DuPage County Health Department confirming compliance with all applicable health and sanitation codes. May be waived at the discretion of the Director, Department of Economic Development and Planning.

D.

Liability Insurance and Hold Harmless: Liability insurance shall be required and shall name the County to be coinsured. A "hold harmless" document shall be executed separately or be part of the insurance policy.

E.

Traffic Control and Security: Contract to provide for off duty police officers or trained security personnel to provide traffic control and security may be waived at the discretion of the Director, Department of Economic Development and Planning.

F.

Owner Authorization: When the applicant for a special event is not the owner of the lot on which the event will occur, the applicant must submit proof of the owner's authorization which shall be in writing, dated, signed by the owner and contain sufficient information so as to identify the property and the proposed special event.

G.

Bond or Letter of Credit: A cash bond or irrevocable standby letter of credit shall be placed with the DuPage County Department of Economic Development and Planning, Zoning Division, to guarantee removal of all temporary structures, tents, junk and debris, etc. from the site upon termination of a special event. The amount of the cash bond or irrevocable standby letter of credit shall be one hundred percent (100%) of the estimated reasonable cost of the removal of the special event items from the lot.

The Director, Department of Economic Development and Planning, and/or County Development Committee may, at his/their discretion, waive the requirements of Subsections B., C., and E. of this section, and may require additional information as he/they determine necessary.

(2005 Code)

The County Development Committee may authorize special events and, as part of such authorization, may require the following:

A.

Changes in the location of any temporary use, structure, tent, or signage as shown on the applicant's site plan.

B.

Changes in parking, site circulation, access points, or traffic control devices as shown on the applicant's parking plan.

C.

Additional sanitary facilities to be provided.

D.

Additional liability insurance to be provided in an amount determined by the Development Committee.

E.

Additional traffic control and/or security personnel to be provided and/or that notification of the special event's location and date be transmitted by applicant to any designated law enforcement agency and to the local fire department.

(2005 Code)

Tents are temporary uses which shall not be erected, used or maintained on any zoning lot except for limited periods of time for such uses as carnivals, church socials, tent sales, wedding and yard parties. Tents regulated in this section shall not include tents designed for and used for personal recreation in residence districts.

A.

General Restrictions: Tents shall be subject to the following restrictions:

1.

Tents shall not be used for the permanent storage of vehicles and other equipment or for the permanent covering of any recreational facilities.

2.

Tents shall not be used as a place of permanent residence.

3.

Tents shall observe all yard setback requirements in the districts where located and, if involving a commercial, office or industrial use, shall provide on site parking of customer vehicles in accordance with Article XII of this chapter.

4.

The use of a tent on a zoning lot shall be a use, which is clearly accessory to the existing use of the property. Tents shall not be established on any vacant parcel of land.

5.

All uses of tents in nonresidential districts and all nonresidential uses of tents in residential districts shall be limited to no more than ten (10) days at a time and no more than two (2) times in any calendar year.

6.

Before a zoning certificate and permit are issued for the erection, maintenance or use of a tent, a cash bond or irrevocable standby letter of credit shall be placed with the DuPage County Department of Economic Development and Planning, Zoning Division, to guarantee removal of the tent. The amount of the cash bond or irrevocable standby letter of credit shall be one hundred percent (100%) of the estimated reasonable cost of the removal of the tent from the lot.

B.

Authorization: The County Development Committee may authorize tents for the above types of uses and, as a part of such authorization, may require the following in addition to the cash bond or letter of credit:

1.

A graphic showing of the following:

a.

Location of buildings and tents.

b.

Location of off-street parking.

2.

A report from the DuPage County Health Department.

3.

Liability insurance shall be required which shall name the County as coinsured. A "hold harmless" document shall be executed or be part of the insurance policy.

4.

A contract to provide for off duty police officers or trained security guards for traffic control if necessary.

(2005 Code)

Regardless of other provisions of this chapter, in all classifications and in all districts there shall always be sufficient ground area left unoccupied by a structure or a paved area for a proper system of sewage disposal and water supply conforming with the standards and requirements of the DuPage County Private Sewage Disposal Ordinance and private water supply ordinance and all amendments relative thereto, the DuPage County Health Department and the Health Department of the State of Illinois. Plot plans accompanying building permit applications shall show clearly the proposed sewage disposal system and well location, if any.

(2005 Code)

(Ord. ZP-T-3-05; Ord. No. T-2-11, Exh. 1(1), 10-11-2011)

A.

In the development and execution of sections in this Ordinance relative to a new place of assembly use, it is recognized that there exists several uses that fall within the definition of place of assembly use. These existing place of assembly uses have been permitted by virtue of entitlement from the County Board via variation, special or conditional use zoning entitlement prior to the establishment of regulations for a new place of assembly use. As such, while a new place of assembly use is permitted in all zoning districts it is necessary and desirable to enable an existing conforming or legal nonconforming place of assembly use to continue.

(Ord. No. T-2-11, Exh. 1(1), 10-11-2011)

A.

Any conforming existing place of assembly use established prior to October 25, 2011 and established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval shall be permitted to continue the use per the entitlements granted to the use.

B.

Any conforming existing place of assembly use established prior to October 25, 2011 and established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval shall not be changed to any other use, unless such new use is a permitted use or a conditional use in the district in which the property is located.

C.

Any conforming existing place of assembly use established prior to October 25, 2011 and established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval shall be limited to the geographic area of the zoning lot established as of October 25, 2011.

D.

Any conforming existing place of assembly use established prior to October 25, 2011 and established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval shall not be altered or expanded in any manner, except in compliance with the following:

1.

The alteration is a necessary and customary part of maintenance of the property, building and/or structure on the property;

2.

The expansion or alteration does not intensify the existing use of the property, building and/or structure on the property;

3.

The alteration or expansion meets all of the requirements of the district; or

4.

The owner of the property applies for and receives a conditional use in accordance with section 37-1413 (Conditional Uses) of this Code, to allow an alteration or expansion of the conforming existing place of assembly use.

(Ord. No. T-2-11, Exh. 1(1), 10-11-2011)

A.

Any legal nonconforming existing place of assembly use established prior to October 25, 2011 which is not established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval may be continued subject to the provisions of Article V, Nonconforming Buildings, Structures and uses.

B.

Any legal nonconforming existing place of assembly use established prior to October 25, 2011 which is not established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval shall not be altered or expanded in any manner, except in compliance with the following:

1.

The alteration is a necessary and customary part of maintenance of the property, building and/or structure on the property;

2.

The expansion or alteration does not intensify the existing use of the property, building and/or structure on the property;

3.

The alteration or expansion meets all of the requirements of the district; or

4.

The owner of the property applies for and receives a conditional use in accordance with section 37-1413 (Conditional Uses) of this Code, to allow an alteration or expansion of the nonconforming existing place of assembly use.

(Ord. No. T-2-11, Exh. 1(1), 10-11-2011)

Airports and their surroundings are subject to the rules and regulations of the Federal Aviation Administration (FAA) and the State of Illinois, Division of Aeronautics and the following.

(2005 Code)

Height of structures in areas surrounding the boundaries of airports having established approach plans approved by the State of Illinois, Division of Aeronautics shall be in accordance with requirements set forth in the approach plans.

(2005 Code)

A.

Height of structures, in areas twenty thousand (20,000) linear feet beyond the boundaries of airports that do not have an established approach plans, shall be in accordance with requirements established by the State of Illinois, Division of Aeronautics, for each type of airport (e.g., restricted landing areas and residential airports.)

B.

All structures within subdivisions surrounding airports without established approach plans or within one thousand (1,000) linear feet of the end of the runways of such airports shall be certified by a registered engineer or surveyor for compliance with height restrictions of the State of Illinois, Division of Aeronautics, prior to the issuance of building permits by the DuPage County Building Division.

(2005 Code)

The development of air rights above land located in any zoning district and utilized for public or private use, shall be treated as a conditional use and shall be required to meet the standards of the underlying zoning district where such development is located. However, plans for all such air right developments shall be submitted to the Zoning Board of Appeals, in the same manner as applications for conditional uses, for its recommendations as to the appropriateness of the development in regard to the location of buildings and structures, traffic control, placement of utilities and all other matters related to the physical development of said air rights. Such recommendations shall be forwarded to, and shall be subject to the approval of the County Board.

(2005 Code)

The provisions of this section provide further clarification of the definition of "group home" by setting minimum requirements for the location and operation of such homes. It is the policy of DuPage County that group homes meeting the requirements of this section are considered as permitted uses in all residential districts.

(2005 Code)

In addition to satisfying the definition of group homes, group homes shall comply with the following requirements:

A.

The group home shall not be located less than six hundred feet (600′), measured horizontally in any direction, from any other building used as a group home pursuant to this chapter or defined as a group home pursuant to any adjacent jurisdiction's zoning ordinance.

B.

The operator of the group home shall have a license and/or certificate as required by appropriate Federal, State, or local agencies, if any is required, demonstrating the operator's qualifications to operate the group home.

C.

The total occupancy of the group home shall be limited to no more than eight (8) persons not related by blood, marriage, adoption or guardianship, plus no more than two (2) resident staff.

D.

No services including, but not limited to, counseling and other treatment shall be permitted for persons other than residents of the group home.

(2005 Code)

Prior to occupancy of a group home, the operator of the home shall obtain a letter from the Director of the Department of Economic Development and Planning certifying that the provisions of this chapter have been met. This certification letter shall be reviewed by the County Development Committee before it is issued to the operator of the group home. It must state that the group home meets the definition of group home as stated in Section 37-302 of this chapter, meets the requirements for group homes as stated in Section 37-413 of this chapter, and meets all other applicable standards and criteria of the DuPage County Zoning Ordinance.

(2005 Code)

Outside loudspeakers and public address systems shall not be permitted on any property unless specific application is made to the Director, Department of Economic Development and Planning. Said application shall show the intended use of the system and the expected range of the sound emanating from the system. The applicant shall be required to submit a certificate of compliance with the performance standards as required in Section 37-103 of this chapter.

(2005 Code)

The provisions of this section establish criteria for submission and approval of site plans, for access control, lighting, signage and landscaping pursuant to the specifications hereinafter established. Access to zoning lots shall be designed, located and controlled pursuant to the Arterial Highway Development Policies and Standards for DuPage County adopted by resolution of the County Board including permit procedures established by the appropriate highway authority.

(2005 Code)

Site plan review shall be required for any new development or redevelopment which contains one (1) or more transition yards. Redevelopment for the purposes of this section shall mean the increase of the intensity of use of any building, structure or premises through the addition of dwelling units, gross floor area, seating capacity or similar units of measure.

(2005 Code)

A.

ACCESS CONTROLS: The following specifications shall be addressed in the submission of a site plan for approval by the Department of Economic Development and Planning.

1.

Driveway design and geometrics including curb return radius, width of driveway at the property line, curbed or uncurbed, dimension of any channelizing island or medians, length of driveway (measured parallel to driveway between edge of street and building line) and change in grade between driveway and street (measured where driveway meets the street).

2.

A drawing to scale showing distance between proposed driveways and existing driveways on both sides of the street, within two hundred feet (200′) each direction from subject property line, with distances to be measured parallel to the street. Sketch shall also show the name and type of land use currently served by these existing driveways.

3.

Identification of proposed driveway, signing/marking/striping for intersection control, inbound/outbound movements, turn prohibitions (if any), etc.

4.

Based on a review of site topography, street alignment and other factors, the Director, Department of Economic Development and Planning may require a survey to establish the sight distance to any intersecting street as measured from the driveway.

B.

LIGHTING: A lighting plan shall be submitted for approval by the Department of Economic Development and Planning which shall address the following:

1.

Size, setback and height of all freestanding lights and wall lights attached to buildings.

2.

Type of lighting on all portions of the site, shielding to prevent off site glare, and level of lighting in foot-candles at all property lines.

C.

SIGNAGE: See Article XI, "Sign Requirements," of this chapter.

1.

Size, setback and height of all freestanding business and industrial signs.

2.

Type of lighting for signage.

D.

LANDSCAPING: A landscape plan shall be submitted as a part of the site plan review, which plan shall conform to the requirements of Section 37-419, "Landscaping," of this chapter.

(2005 Code)

Site plans subject to Section 37-415 of this chapter shall be submitted to the Director, DuPage County Department of Economic Development and Planning or his designate. No building permits requiring site plan review shall be issued by the building division until the site plans have been approved by the zoning division of the DuPage County Department of Economic Development and Planning.

(2005 Code)

In the development and execution of these sections regulating and limiting the location of adult business uses, it is recognized that adult business uses, by virtue of their nature, have serious objectionable operational characteristics which can have a deleterious effect upon areas adjacent to them. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law, in order to eliminate such adverse effects. It is not the intent of these sections to deny adults access to sexually oriented materials and services or the providers of such materials and services their market in a manner that is inconsistent with the law.

In addition, the purpose of these regulations is to regulate a building, use or a service which is provided to or access restricted to people age eighteen (18) years of age or older where no permit or license has been issued otherwise allowing such access to a building, use or service to people age eighteen (18) years of age or older.

(2005 Code; Ord. No. T-1-17, § 1, 10-23-2018)

A.

DISTANCE REQUIREMENTS:

1.

An adult business use shall be located at least one thousand feet (1,000′) from the property line of any other adult business use.

2.

An adult business use shall be located at least one thousand feet (1,000′) from the property line of a residential zoned property.

3.

An adult business use shall be located at least one thousand feet (1,000′) from the property line of a place of religious worship, daycare center, school, library or active recreational facility.

4.

An adult business use shall be located at least five hundred feet (500′) from the property line of a passive recreational area or a cemetery.

B.

MEASURING OF DISTANCES: For the purpose of this section distances shall be measured as follows:

1.

By following a straight line, without regard to intervening structures, from a point on the property or the land use district boundary line from which the proposed use is to be separated.

2.

Where an adult business use located on a property where there is more than one (1) use, the distances provided for in this section shall be measured by following a straight line, from the outside wall of the building or tenant space containing the adult business use to a point on the property or the land use district boundary line from which the proposed use is to be separated.

(2005 Code)

The County Board of DuPage County, Illinois recognizes the need to create not only more housing that is affordable to a variety of income levels but also create more housing types in a variety of neighborhoods for residents of all income levels. Accessory Dwelling Units (ADU's) can serve as a source of financial stability or relief, encouraging revenue generation and wealth building for homeowners, especially for those who experience high housing costs.

(2005 Code; Ord. No. DC-O-0056-24, 8-27-2024)

An accessory unit may be maintained as part of the principal single-family dwelling as a conditional use in the districts hereinafter indicated. Conversion of the dwelling unit and maintenance of the accessory unit and primary unit must conform to the following requirements:

A.

Only one (1) accessory dwelling unit may be maintained in a converted dwelling or on a property where there is an existing dwelling unit.

B.

The total floor area of an accessory dwelling unit shall not exceed one thousand (1,000) square feet.

C.

The converted accessory dwelling unit must conform to all applicable yard and bulk requirements of the district for either the principal building or for the accessory building.

D.

The owner of the property must obtain a building permit for the converted accessory dwelling unit. The application for permit to include at least the following:

a.

Floor plans for the construction of the accessory dwelling unit; and

b.

A reconversion plan showing both the principal dwelling unit and the accessory dwelling unit to a single-family dwelling after the accessory dwelling unit is no longer in operation.

(1)

Reconversion of the property to a single dwelling shall be completed within ninety (90) days after the discontinuance of the accessory dwelling unit.

(2)

The property shall be reconverted according to the plans submitted at the time the accessory dwelling unit was issued a permit.

E.

The exterior of the converted dwelling must retain the appearance of a single-family dwelling or an existing accessory building containing the accessory dwelling unit. The number of exterior entries on the front of the converted dwelling shall be the same number as prior to its conversion.

F.

The total number of occupants in the combined principal and accessory dwelling units shall not exceed five (5) people, including one (1) or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than five (5) persons not so related, including their domestic servants or resident staff, maintaining a common household in both the principal and accessory dwelling unit.

G.

The total number of passenger vehicles permitted on the property shall not exceed six (6) passenger vehicles combined for the principal dwelling unit and the accessory dwelling unit.

H.

At least one (1) of the occupants of either the principal dwelling unit or the converted accessory dwelling unit must be the legal or beneficial owner of the property.

I.

The accessory dwelling unit shall not be rented/leased for less than a six-month period.

(2005 Code; Ord. No. DC-O-0056-24, 8-27-2024)

Every conditional use for accessory housing shall expire by its own terms without action by the County Board if the property fails to conform with any of the requirements of subsection 37-417.2A through 1 of this chapter. The expiration date shall be thirty (30) days after the date on which the property first fails to conform with these requirements. The conditional use shall not expire, however, if the property is brought into conformity with the requirements of subsection 37-417.2A through 1 of this chapter. Every conditional use for accessory housing shall also expire when any owner of the converted dwelling conveys any portion of his or her interest in the property unless the conveyance is to a trust of which that owner is a beneficiary.

(2005 Code; Ord. No. DC-O-0056-24, 8-27-2024)

Reconversion of the property to a single-family dwelling shall be completed within ninety (90) days after the expiration of the conditional use. The County Development Committee may extend the period of conversion for cause shown. The property shall be reconverted according to the plans submitted at the time the conditional use was applied for.

(2005 Code; Ord. No. DC-O-0056-24, 8-27-2024)

Every ordinance adopted under Section 37-417 through 37-417.5 of this chapter shall be drawn up and executed in duplicate originals, which shall comply with all requirements for recordation. Within thirty (30) days of the adoption of such an ordinance, the County Clerk shall transmit one (1) of the duplicate originals to the recorder for recording. All fees and costs of recordation shall be borne by the applicant for the conditional use.

(2005 Code)

A.

HOME OCCUPATION REQUIREMENTS: A home occupation shall be treated as an accessory use, shall be incidental and secondary to the principal use of the residence as a dwelling and shall meet all of the following requirements.

1.

Shall be operated in its entirety within the residence and only by the person or persons maintaining a dwelling therein.

2.

Shall not be operated in an accessory building or attached garage.

3.

Shall not contain a separate entrance from outside the building directly serving and only serving the area of the home occupation.

4.

Shall not display outside the building any evidence of the home occupation, (other than an identification nameplate).

5.

May display one (1) home occupation identification nameplate: The maximum area of such sign shall be no greater than two (2) square feet, and such sign shall be affixed flat against a wall or door or may extend up to eighteen inches (18″) from a wall provided safe access is available for patrons.

6.

Shall not permit the conduct of, manufacturing business or repair shop of any kind.

7.

Shall not permit instruction, teaching, or counseling of more than three (3) persons at a time other than persons residing on the premises. Group counseling or encounter groups, teaching of musical instruments, voice, dance, and other similar instruction shall not exceed the three (3) person limitation.

8.

Shall not utilize more than twenty percent (20%) of the gross floor area of the dwelling unit, or four hundred (400) square feet, whichever is smaller.

9.

Shall not utilize commercial or industrial equipment (including but not limited to mechanical or electrical equipment), other than the type commonly found in single-family dwelling.

10.

Shall not permit delivery by other than private passenger vehicles, parcel service, or letter carrier.

11.

Shall not permit the parking of more than three (3) cars simultaneously on the property for customers or clients.

12.

Shall not produce noise, obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the structure.

13.

Shall not be open to the public at times earlier than 8:00 a.m. nor later than 10:00 p.m.

14.

No more than one (1) home occupation shall be permitted within any single dwelling unit.

15.

Shall not permit more than one (1) of the six (6) resident motor vehicles allowed on the property to be used for off-premise commercial purpose. Such vehicle may have ladder racks, toolboxes, a snowplow and/or company name and logo, etc., on the vehicle.

16.

Shall not permit the on site storage of dangerous substances.

B.

PRINCIPAL ARTERIAL OFFICE USE REQUIREMENTS:

1.

The principal arterial office use shall be limited to business, governmental, medical and professional office uses only. Wholesale or retail sales, repair activities, warehousing, material fabrication, or any other industrial activity shall be prohibited.

2.

The principal arterial office use may be conducted in any dwelling unit within the R-1, R-2, R-3 and R-4 single-family residential zoning districts subject to the following qualifications:

a.

The property which contains the principal arterial office use, must front on a designated principal arterial roadway as defined by the Year 2005 DuPage County Transportation Plan. These roadways include Illinois Route 59, County Farm Road, Main Street - Wheaton between Illinois Route 38 (Roosevelt Road) and Illinois Route 64 (North Avenue), Naperville-Wheaton Road, Naper Boulevard, Illinois Route 53 south of Illinois Route 38 (Roosevelt Road), Illinois Route 83 (Kingery Highway), Illinois Route 19 (Irving Park Road), U.S. Route 20 (Lake Street), Illinois Route 64 (North Avenue), Illinois Route 38 (Roosevelt Road), 22nd Street from Interstate 294 to Illinois Route 56 (Butterfield Road), Illinois Route 56 (Butterfield Road) from 22nd Street west to the DuPage-Kane County line, U.S. Route 34 (Ogden Avenue) from DuPage-Cook County line to North Aurora Avenue and from 75th Street to the DuPage-Kane County line, North Aurora Avenue from U.S. Route 34 (Ogden Avenue) to Illinois Route 59, and 75th Street from U.S. Route 34 (Ogden Avenue) to Illinois Route 83, Army Trail Road from U.S. Route 20 (Lake Street) to the DuPage-Kane County line.

b.

The vehicular access to the property is exclusively from the principal arterial roadway.

c.

The property is not defined as a reserve lot.

d.

The parcel is not part of a planned unit development.

e.

The principal building is oriented toward the primary arterial roadway.

f.

The principal building for which the principal arterial office will be located must have been constructed before January 1, 1999.

3.

The principal arterial office use shall be subject to all of the following site requirements.

a.

The principal buildings or structures in which the principal arterial office is located shall be subject to the front, side and rear setbacks of the applicable single-family residential zoning district.

b.

The principal arterial office use shall be conducted completely within the principal building.

c.

The principal arterial office use may be open to the public Monday thorough Saturday no earlier than 8:00 a.m. and no later than 7:00 p.m.

d.

Principal arterial office uses must be owned and operated exclusively by the owner of the property. Leasing of office space to second parties shall be prohibited.

e.

Any residence with a principal arterial office use on the site must be occupied by the owner of the property.

f.

All building façades of the principal building must maintain the existing single-family residential character of the structure. The exterior of the single-family residence may be altered or rehabilitated provided the alteration is a nonstructural repair of the building including the replacement of the roof covering, veneering or outer walls and incidental repairs which do not extend or intensify the existing dimensions of the building. The building however, shall not be enlarged, expanded, or extended. Repairs and alterations may be made to the exterior or interior of the building to return the building to a safe condition in accordance with the County Codes.

g.

Existing landscaping on the site shall be preserved and maintained.

h.

Excluding provisions as outlined in Article XII, "Off-Street Parking and Loading Requirements," of this chapter, storage of any materials related to the principal arterial office use outside of the principal structure is prohibited.

i.

Parking requirements shall be based upon the gross floor area of the principal building and shall be determined separately for that portion of the building used for the principal arterial office use and for that portion of the building used for the dwelling. All other parking and loading requirements for the principal arterial office use shall be provided per the minimum requirements of Article XII, "Off-Street Parking and Loading Requirements," of this chapter, Principal Arterial Office Use. The minimum and maximum parking space requirement is three and three tenths (3.3) spaces per thousand feet of office space.

j.

The principal arterial office use shall be subject to landscape review. All driveways, parking areas and refuse containers shall require a full landscape screen and the remainder of the property shall maintain at least a partial landscape screen around the structures on the property used for the principal arterial office use as well as any additional landscape requirements within the respective single-family residential zoning district.

k.

Signage shall be limited to those permitted in the applicable single-family residential zoning district in accordance with Article XI, "Sign Requirements," of this chapter as a single-family residential use in a residential district.

l.

The principal arterial office use shall meet all performance standard requirements including:

(1)

The office use shall not produce noise, obnoxious odors, toxic material, vibrations, glare, fumes, nuisance, or electrical interference detectable to normal sensory perception outside the structure.

(2)

Mechanical equipment which emits an unreasonable odor, noise radio interference or other nuisance is prohibited.

(3)

On site storage of dangerous substances is prohibited.

m.

The building and use shall meet all DuPage County Building Codes.

4.

Property owners meeting the aforementioned requirements and qualifications and intending to conduct a principal arterial office use on their premises shall require a building permit form the DuPage County Department of Economic Development and Planning.

C.

PRINCIPAL ARTERIAL CONVERSION OF A SINGLE DWELLING INTO TWO OR MORE DWELLING UNITS REQUIREMENTS:

1.

The principal arterial dwelling conversion use shall be subject to the following:

a.

The property is zoned in a R-3 or R-4 Single-Family Residential Dwelling District:

b.

The property fronts on a designated principal arterial roadway as follows:

•

Illinois Route 59,

•

County Farm Road,

•

Main Street - Wheaton between Illinois Route 38 (Roosevelt Road) to Illinois Route 64 (North Avenue),

•

Illinois Route 64 (North Avenue),

•

Naperville-Wheaton Road, Naper Boulevard,

•

Illinois Route 53 south of Illinois Route 38 {Roosevelt Road),

•

Illinois Route 83 (Kingery Highway),

•

Illinois Route 19 (Irving Park Road),

•

U.S. Route 20 (Lake Street),

•

Illinois Route 38 (Roosevelt Road),

•

22nd Street from Interstate 294 to Illinois Route 56 (Butterfield Road),

•

Illinois Route 56 (Butterfield Road) from 22nd Street west to the DuPage-Kane county line,

•

U.S. Route 34 (Ogden Avenue) from DuPage-Cook county line to North Aurora Avenue and from 75th Street to the DuPage-Kane county line,

•

North Aurora Avenue from U.S. Route 34 (Ogden Avenue) to Illinois Route 59,

•

75th Street from U.S. Route 34 (Ogden Avenue) to Illinois Route 83,

•

Army Trail Road from U.S. Route 20 (Lake Street) to the DuPage-Kane county line, and

•

Lemont Road.

c.

The property takes direct and exclusive access to the principal arterial roadway.

d.

The property is not defined as a reserve lot.

e.

The property is not part of a planned unit development.

2.

The principal arterial dwelling conversion use shall be subject to the following site requirements:

a.

The principal buildings or structures in which the principal arterial conversion is located shall be subject to the front, side, and rear setbacks of the applicable single-family residential zoning district.

b.

The principal arterial dwelling conversion shall only be for the principal building.

c.

All building façades of the principal building shall maintain the existing single-family residential character of the structure.

1.

Other than necessary building code requirements to convert the dwelling into not more than two (2) dwelling units, the exterior of the existing dwelling unit may only be altered or rehabilitated provided the alteration is a nonstructural repair of the building including the replacement of the roof covering, veneering or outer walls and incidental repairs which do not extend or intensify the existing dimensions of the building.

2.

The building, however, shall not be enlarged, expanded, or extended.

3.

Repairs and alterations may be made to the exterior or interior of the building to return the building to a safe condition in accordance with the County codes.

4.

The principal building shall be oriented toward the principal arterial roadway.

5.

The principal building shall have been constructed prior to the effective date of this Ordinance Amendment.

d.

Existing landscaping on the site shall be preserved and maintained.

e.

Parking requirements shall be based upon the current parking requirements for a two-family dwelling. All other parking requirements for the principal arterial dwelling conversion use shall be provided per the minimum requirements of Article XII, "Off-Street Parking and Loading Requirements," of this chapter.

f.

The principal arterial dwelling conversion use shall be subject to landscape review.

g.

All driveways, parking areas and refuse containers shall require a full landscape screen and the remainder of the property shall maintain at least a partial landscape screen around the structures on the property used for the principal arterial dwelling conversion use as well as any additional landscape requirements within the respective single-family residential zoning district.

h.

The building conversion and use shall meet all other DuPage County Codes for such uses.

i.

Property owners meeting the requirements and qualifications and intending to conduct a principal arterial dwelling conversion use on their premises shall require a building permit from the DuPage County prior to the conversion.

j.

One of the dwelling units in the principal arterial conversion shall be occupied by the owner of the property.

(2005 Code; Ord. T-4-05, 7-11-2006; Ord. No. T-2-11, Exh. 1(19), 10-11-2011; Ord. No. DC-O-0006-25, 1-28-2025)

A.

To require landscaping for screening and buffering of subdivisions, planned developments, developments granted zoning relief, and all developments other than single-family residencies to reduce the impact of such developments on adjacent properties.

B.

To encourage the preservation of existing trees and other vegetation which are in healthy condition, especially mature plant material and plants indigenous to the region, which are an important element characterizing the high quality of life in the County.

C.

To encourage the design and location of buildings, parking lots, drainage facilities and other improvements in such a way as to maximize the preservation of existing trees and other desirable vegetation.

D.

To grant plant preservation credits for existing trees and other desirable vegetation which meet landscaping requirements.

E.

To regulate the clearing and disturbing of land during the planning and site development process so as to preserve existing trees and other desirable vegetation when a tree preservation plan has been approved and plant preservation credits have been given.

(2005 Code)

A.

The requirements of this Section 37-419 shall apply to the following projects in unincorporated DuPage County:

1.

All projects requiring a permit and having one (1) or more transition yards.

2.

All projects requiring a permit with parking lot areas of ten thousand (10,000) square feet or larger.

3.

All projects requiring a permit which have zoning relief.

4.

All projects requiring a permit, other than projects on lots which contain single-family residences, which have existing trees of at least three inches (3″) in diameter measured four and one-half feet (4½′) above the ground.

5.

All applications for subdivision approval or zoning relief.

B.

An existing tree survey shall be submitted to the Department of Development and Economic Planning concurrent with the submittal of one (1) of the following:

1.

An application for zoning relief.

2.

An application for a subdivision.

3.

An application for any permit or project, when a transition yard exists on the property, or a transition yard is created through allowed yard reduction on the property.

C.

Existing conditions on developed sites not in conformance with requirements of this section that are otherwise lawful on August 13, 1991, may be continued as a matter of right. Any lawful expansion of nonconforming uses which involve any of the circumstances in Subsection A.1. through A.5. of this section shall be subject to the requirements of this section.

D.

Landscape screening is required in all transitions yards as follows:

1.

A partial landscape screen is required where:

a.

A nonresidential use or district abuts a nonresidential use or nonresidential district if the adjacent lot is vacant.

b.

A two-family or multi-family use abuts a nonsingle-family detached residential use or nonsingle-family detached residential district if the adjacent lot is vacant.

c.

A use in a nonresidential district which utilizes the fifty percent (50%) yard reduction by conditional use abuts a nonresidential district.

d.

A nonsingle-family detached use which utilizes the twenty percent (20%) yard reduction for parking, circulation or loading abuts a nonsingle-family detached use or a nonsingle-family district if the adjacent lot is vacant.

e.

A single-family detached zoning lot is granted a variation or conditional use, when abutting any nonresidential use or any nonresidential district if the adjacent lot is vacant.

2.

A full landscape screen is required where:

a.

A nonresidential use or district abuts a residential use or any residential district if the adjacent lot is vacant.

b.

A two-family or multi-family use abuts a single-family detached use or a single-family detached district if the adjacent lot is vacant.

c.

A use in a nonresidential district which utilizes the fifty percent (50%) yard reduction by conditional use abuts a residential district.

d.

A nonsingle-family detached use which utilizes the twenty percent (20%) yard reduction for parking, circulation or loading abuts a single-family detached use or a single-family detached district if the adjacent lot is vacant.

e.

A single-family detached zoning lot is granted a variation or conditional use, when abutting any residential use or any residential district if the adjacent lot is vacant.

E.

The following projects are exempt from the requirements of this section:

1.

All projects on lots which contain single-family residences which do not have:

a.

Any transition yards, or

b.

Existing zoning relief.

2.

All projects (other than on lots which contain single-family residences) which do not have:

a.

Any transition yards, or

b.

Any parking lot areas of ten thousand (10,000) square feet or more, or

c.

Any existing zoning relief, or

d.

Any trees of three inches (3″) or larger in diameter measured four and one-half feet (4½′) above the ground.

F.

Alternative compliance: Certain project conditions may justify approval of alternative methods of compliance within requirements of this section. Conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the County objectives can only be obtained through alternative compliance.

1.

Requests for alternative compliance will be considered for any application to which the requirements of the ordinance apply when one (1) or more of the following conditions are present:

a.

Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical; or improved environmental quality would result from the alternative compliance.

b.

Space limitations, unusually shaped lots or prevailing design practices in the surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas.

c.

A change of use on an existing site increases the screening required to more than is feasible to provide.

d.

Safety considerations make alternative compliance necessary.

2.

Requests for alternative compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decision.

3.

A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the ordinance.

4.

Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases.

(2005 Code)

A home daycare use shall comply with the following standards and criteria:

A.

The home daycare use shall not:

1.

Be operated in an accessory building or detached garage.

2.

Contain a separate entrance from outside the building to serve the home daycare use.

3.

Permit the conduct of retail business, manufacturing business or repair shop of any kind.

4.

Display outside the building any evidence of the home daycare use except those signs which are allowed in residence districts in accordance with Article XI, "Sign Requirements," of this chapter.

5.

Permit delivery of mail by other than private passenger vehicles, parcel service or letter carrier.

6.

Permit any other home occupation within the same dwelling unit.

B.

All vehicles owned by the residents and by outside employees of the home daycare use shall be parked on the lot in areas as allowed for parking in residence districts. Adequate space shall be provided on the driveway of the home daycare use for the temporary parking of client vehicles while the children are being dropped off and picked up.

C.

The outside play area utilized for the home daycare use shall be separated from neighboring properties by a solid fence or wall.

D.

The home daycare operator shall submit a copy of the current state license to the Department of Economic Development and Planning each time it is renewed.

E.

The home daycare operator shall reside in the home as their principal residence. If the operator resides elsewhere than in the daycare home, it shall be considered a daycare center and shall require a conditional use permit from the County Board.

F.

Where a daycare home is served by private sewage disposal system rather than by public sewers, the daycare operator shall have the sewage disposal system inspected by the DuPage County Health Department to assure safe, sanitary operation thereof prior to establishing the use on the property.

G.

Prior to establishing a daycare home, the operator of the daycare use shall submit a letter to the director of the Department of Economic Development and Planning certifying that the provisions of this chapter have been met. The certification letter must state that the daycare home meets the definition of daycare home as stated in Section 37-302 of this chapter, meets the requirements for daycare homes as stated in Section 37-420 of this chapter, and meets all other applicable standards and criteria of the DuPage County Zoning Ordinance.

(2005 Code)

A bed and breakfast establishment shall comply with the following standards and criteria:

A.

Shall have no more than five (5) guestrooms for rent.

B.

Shall be in operation for not less than six (6) nights in a six (6) month period.

C.

Shall be located in a single-family detached dwelling, not an accessory building or garage.

D.

Shall maintain a guest register which shall be available at all times for inspection.

E.

Shall be located on a zoning lot with a minimum width of one hundred sixty-five feet (165′) and a minimum area of one hundred thousand (100,000) square feet in an R-1 single-family residence district and a minimum width of one hundred twenty-five feet (125′) and a minimum area of forty thousand (40,000) square feet in all other districts where allowed.

F.

Shall satisfy all requirements of the DuPage County Health Department and Building Division of the Department of Economic Development and Planning prior to the issuance of occupancy permits.

G.

In addition to the parking requirements for a single-family detached dwelling, the bed and breakfast establishment shall provide one (1) additional space for each guestroom. The off-street parking for a bed and breakfast establishment shall not be located in any required yard, and it shall be screened form adjacent properties by a full landscape screen according to the provisions of Section 37-419, "Landscaping," of this chapter.

H.

Only one (1) sign shall be permitted for each bed and breakfast establishment in a residence district. The maximum size of such sign shall be four (4) square feet per sign face, and may be double faced.

I.

Each guestroom may have its own private bath. No guestroom, however, shall have any kitchen facilities.

J.

Guestroom shall mean sleeping room intended to serve no more than two (2) transient guests per night.

K.

Accommodations shall be provided in guestrooms only. The length of stay in a bed and breakfast shall be a maximum of one (1) week.

L.

Any application for a conditional use shall include, in addition to all other documents required for a conditional use application, floor plans drawn to scale accurately showing the guestrooms in relation to the rest of the single-family detached dwelling.

M.

By January 31 of each year after the occupancy permit for the bed and breakfast establishment is issued, the owner/resident of the property shall file an affidavit along with an annual renewal fee, with the Director, Department of Economic Development and Planning, that the property complies with the preceding Subsections A. through K. of this section on the date of the filing.

(2005 Code)

A therapeutic massage use shall comply with the following standards and criteria:

A.

It shall be unlawful for any person, association, firm or corporation to practice or administer any "therapeutic massage" as defined in Section 37-302 of this chapter without first complying with the requirements for therapeutic massage uses as stated in this section and complying with all other applicable standards and criteria of the DuPage County Zoning Ordinance or of the State of Illinois.

(2005 Code)

B.

All uses that are therapeutic massage uses or uses where the practice of therapeutic massage is ancillary to a vocation and within the scope of said vocation, employment, course of study or volunteer services, "massage therapist," as defined in Section 37-302 of this chapter, shall not be considered adult uses as defined under "adult business use," in Section 37-302 of this chapter.

C.

It shall be unlawful for any person, association, firm or corporation to operate or conduct a therapeutic massage use or therapeutic massage business which does not conform to the requirements of the DuPage County Health Department and the State of Illinois Department of Public Health.

D.

It shall be unlawful for any person, association, firm or corporation to employ as a massage therapist any person who does not hold a current, unrevoked and unsuspended massage therapist certification as defined under "massage therapist" in Section 37-302 of this chapter.

E.

It shall be unlawful for any person to advertise themselves as a massage therapist without a massage therapist certification as defined under "massage therapist" in Section 37-302 of this chapter.

F.

It shall be unlawful for any person or establishment to advertise therapeutic massage in DuPage County other than by or under the supervision of a certified massage therapist as defined under "massage therapist" in Section 37-302 of this chapter.

G.

It shall be the responsibility of the owner of any therapeutic massage use to prominently display at all times while providing the practice of therapeutic massage documentary certification or diploma establishing that the minimal education and/or training and testing criteria required by this section have been satisfied.

H.

It shall be the responsibility of the owner of any therapeutic massage use to first obtain and then maintain at all times a valid license as required by the DuPage County Code or any other agency while providing the practice of therapeutic massage.

I.

It shall be the responsibility of the owner of any therapeutic massage use to prominently display at all times any license required by DuPage County or any other agency while providing the practice of therapeutic massage.

(2005 Code)

Editor's note— Ord. No. T-1-17, adopted February 13, 2018, amended the Code by repealing former 37-423 in its entirety. Former 37-423 pertained to development in a regulatory floodplain and/or a wetland, and derived from the 2005 Code.

This section hereby adopts and incorporates by reference the authority granted in the Illinois Complied Statutes to counties with a population of one hundred eighty thousand (180,000) or more which is contained in Counties Code, 55 Illinois Compiled Statutes 5/5-12001.1. Authority to regulate certain specified facilities of a telecommunications carrier, as amended from time to time.

The complete text of Section 5-12001.1 of the Illinois Complied Statutes is contained in the appendix to this zoning ordinance.

(2005 Code)

Any application for zoning relief for a private utility shall meet the following requirements:

(2005 Code)

A.

PUBLIC HEARING REQUIRED: A public hearing before the Zoning Board of Appeals shall be required.

B.

CONDITIONAL USE APPLICATION REQUIREMENTS: As part of any application for a conditional use permit the petitioner shall provide the following:

1.

Provide all current State and Federal permits, waivers of permits, licenses and certificates of insurance.

2.

Provide a noise modeling study, which indicates that the facility will be in compliance with state.

3.

Provide documentation that the development of buildings and structures comply with "Best Available Control Technology," as specified by the Illinois Environmental Protection Agency (IEPA).

4.

Provide documentation that the facility will comply with all Federal Aviation Administration (FAA) requirements.

(2005 Code)

A.

Provide notification to the County of DuPage of any change in site plan, operations, scheduling, intensity of energy output established by the original conditional use. Any change will require an amendment to the conditional use and require a new public hearing.

B.

Any change of use or operator will render the conditional use permit null and void. All new operator/owners of facilities will require a new public hearing and a new conditional use.

C.

Any cessation of operation of a private utility for a period of twelve (12) consecutive months shall render the conditional use null and void. The owner of the use shall remove the facility and return the site to turf grass within the proceeding twelve (12) calendar months. The developer shall post a letter of credit in the amount of one hundred ten percent (110%) of the estimated cost to remove the facility and return the facility to turf grass.

D.

All private utilities shall comply with all conditions of any conditional use permit and all County Codes and ordinances and all State and Federal requirements necessary to operate the facility.

(2005 Code)

In the development and execution of sections regulating the location of a medical cannabis dispensary and a cultivation center, it is recognized that medical cannabis dispensary and cultivation center uses, by virtue of their nature, have certain operational characteristics which are unique and can have adverse impacts upon residential areas adjacent to them. Special regulation of these uses is necessary to ensure that these adverse impacts will not contribute to the blighting or downgrading of the surrounding residential neighborhoods. The primary purpose of these regulations is to control the concentration or location of these uses to a reasonable extent allowable by law in order to mitigate any adverse impacts.

It is not the intent of these sections to deny qualifying Illinois registered patients and operators and business entities access to medical cannabis, the ability to dispense medical cannabis or the ability to cultivate medical cannabis or dispense paraphernalia, or related supplies and educational materials and services but to regulates the providers of such materials and services in a manner that is consistent with the law.

(Ord. T-1-14, § 2, 11-25-2014)

1.

MEDICAL CANNABIS CULTIVATION CENTER DISTANCE REQUIREMENTS:

(a)

A cannabis cultivation center shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and any rules adopted in accordance thereto.

(b)

A medical cannabis cultivation center must be located at least 2,500 feet from the property line of a pre-existing public or private preschool or elementary or secondary school, day care center, day care home, group day care home, part day child care facility, and an area zoned for residential use.

2.

MEDICAL CANNABIS DISPENSARY:

(a)

A medical cannabis dispensary shall comply with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and any rules adopted in accordance thereto.

(b)

A medical cannabis dispensary must be located at least one thousand (1,000) feet from the property line of a pre-existing public or private preschool, elementary or secondary school, day care center, day care home, group day care home, part day child care facility and an area zoned for residential use.

3.

MEASURING OF DISTANCES: For the purpose of this section distances shall be measured by following a straight line, without regard to intervening structures, from a point on the property or the land use district boundary line from which the proposed use is to be separated.

(Ord. T-1-14, § 2, 11-25-2014)

1.

It shall be the responsibility any person, association, firm or corporation engaged in the operation or conduct of a medical cannabis cultivation center and/or a medical cannabis dispensary use to first obtain and then maintain at all times a valid permit as required by the DuPage County code or any other agency.

2.

It shall be the responsibility of any person, association, firm or corporation engaged in the operation or conduct of a medical cannabis cultivation center and/or a medical cannabis dispensary use to prominently display at all times any license or permit required by the State of Illinois and/or County of DuPage County or any other agency while engaged in the operation or conduct of a medical cannabis cultivation center and/or medical cannabis dispensary use.

3.

It shall be unlawful for any person, association, firm or corporation to operate or conduct a medical cannabis cultivation center and/or a medical cannabis dispensary use which does not conform to the requirements of the DuPage County Health Department and the state of Illinois Department of Public Health.

(Ord. T-1-14, § 2, 11-25-2014)