Dupage County Unincorporated
City Zoning Code

ARTICLE VII

RESIDENCE DISTRICTS

37-700: - PURPOSE AND GENERAL CONDITIONS.

The residence districts are provided to support and complement the DuPage County Comprehensive Plan including: a) the land use plan, b) the Year 2005 Street and Highway Plan, and c) the development goals and policies, as amended, for DuPage County. Residence district requirements are further established to govern location, intensity and method of development of residential areas in DuPage County and to provide for and encourage construction of a full range of residential developments on land topographically and locationally suited for residential purposes. The regulations for each district are designed to provide protection to existing developments while allowing new construction in accordance with current design standards and density objectives.

(2005 Code)

37-700.1: - PERMITTED USES.

Buildings, structures, or uses of land as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Except as hereinafter provided, no building shall be used and no lot or tract of land shall be devoted to any use other than a permitted use or conditional use as provided in the zoning district where such building, lot or tract of land shall be located with the exception of the following:

Uses lawfully established on the effective date of this chapter.

Conditional uses allowed in accordance with the provisions of Section 37-700.2 of this chapter.

Buildings, structures or uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof shall be subject to the regulations of Article V of this chapter.

(2005 Code)

37-700.2: - CONDITIONAL USES.

Conditional uses, as hereinafter listed in the zoning districts, may be allowed subject to the granting of a conditional use in accordance with the provisions of Section 37-1413 of this chapter.

(2005 Code)

37-700.3: - LOT SIZE REQUIREMENTS.

Lot size requirements shall be as specified under each zoning district in Article VII, Part 2 of this chapter. In addition, the following regulations shall be complied with:

No buildings shall be converted so as to conflict with the lot size requirements of the district where such buildings are located.

Except as provided in Section 37-404.5 of this chapter, no building shall be constructed on a zoning lot after the effective date of this chapter when such lot contains less area or less lot width than prescribed for such use in the zoning district where such use is to be located.

(2005 Code)

37-700.4: - YARD REQUIREMENTS.

Yards shall be required as specified under each zoning district in Article VII, Part 2 of this chapter. In addition, the following regulations shall be complied with:

All yards shall be maintained in accordance with the definitions in Section 37-302 of this chapter.

In single-family residential developments, the yard requirements may be altered in order to encourage innovative design. Such alteration of yard requirements shall be affected only by variation pursuant to Section 37-1411.4 of this chapter.

(2005 Code)

37-700.5: - BUILDING BULK REQUIREMENTS.

Building bulk requirements shall be expressed in terms of minimum yard requirements and maximum building height, or in terms of floor area ratio (FAR) as prescribed in each zoning district in Article VII, Part 2 of this chapter.

(2005 Code)

37-700.6: - SIGNS.

Signs shall be permitted in residence districts in accordance with the provisions set forth in Article XI of this chapter.

(2005 Code)

37-700.7: - OFF-STREET PARKING AND LOADING REQUIREMENTS.

Off-street parking and loading facilities accessory to uses allowed in residence districts shall be provided in accordance with the regulations established in Section 37-1200 of this chapter.

The following regulations shall apply within the residential zoning districts of this chapter.

Single-Family Residence Districts:

Parking of motor vehicles shall be permitted as follows:

Any motor vehicle parked on the lot shall be of the first division with a gross vehicle weight rating of ten thousand one (10,001) pounds or less; and

Any motor vehicle parked on the lot shall be limited to only those vehicles customarily kept for enjoyment on residential lots including antique, custom, multi-purpose passenger, non-commercial and recreational vehicles; and

Any motor vehicles parked on the lot shall be limited to not more than six (6) motor vehicles, all of which shall be owned by the residents of the lot; and

The owner of the property may use not more than one (1) of the six (6) passenger motor vehicles for off-premise commercial purpose. Such vehicle may have ladder racks, toolboxes, a snowplow and/or company name and logo on the passenger vehicle.

Any passenger vehicle parked on the lot, which is inoperable, and/or unregistered and/or discarded may be parked within a completely enclosed structure or may be parked in the open within the buildable area of the lot behind the rear wall of the principal structure for a period not to exceed three (3) consecutive months.

Only personal vehicles of the first division and owned by a resident of the lot may be displayed for sale and then only on the driveway. No vehicle, which is for sale shall be displayed within any right-of-way. Sale of a personal vehicle shall be limited two (2) occurrences per calendar year for a duration of thirty (30) days each, with no less than one hundred twenty (120) days between display for sale.

Passenger vehicles which are permitted within this section which are covered with a tarp or other protective covering and antique passenger vehicles which are permitted within this section shall be parked, stored or located within an enclosed building or behind the front wall of the principal building which is nearest to the front lot line and in the buildable area of the lot.

The following vehicles are prohibited from being parked or stored in a residential zoning district, other than for providing service to the property owners residing on the residential property:

Abandoned vehicle:

Commercial vehicle;

Derelict vehicle;

For hire vehicle;

Junk vehicle;

Not for hire vehicle;

Limousine;

Recreational Vehicles: Recreational vehicles owned by the occupant may be parked or on single-family zoning lots in accordance with the following requirements:

All recreational vehicles shall be parked within completely enclosed buildings or in the open within the buildable area of the lot behind the front wall of the residence.

On residential zoned properties all recreational vehicles shall be located, stored or parked behind the front wall of the principal building, which is nearest to the front lot line. In no instance shall a recreational vehicle be parked within the front and side yard setback requirements of the zoning lot, as set forth for the underlying zoning district.

No more than five percent (5%) of the gross area of the lot, not to exceed five hundred (500) square feet, shall be used for the parking of recreational vehicles in the open. No recreational vehicle shall exceed a height of fifteen feet (15′).

Trailers for parking antique, recreational or passenger vehicles and garden trailers shall comply with the following:

Trailers for parking antique, recreational and passenger vehicles shall comply with the following:

(1)

Shall be licensed/registered trailers capable of transporting vehicles on the public road right-of-way; and

(2)

Shall have no more than two (2) axles, and

(3)

Shall be no more than twelve feet (12′) in width, and not more than thirty feet (30′) in length; and

(4)

Shall be parked within a completely enclosed building or in the open within the buildable area of the lot behind the front wall of the residence.

Garden trailers shall comply with the following:

(1)

Shall be unlicensed/unregistered trailers and capable of being operated only on residential property and not on the public right-of-way; and

(2)

Shall be single axle; and

(3)

Shall be no more than ten feet (10′) in length and ten feet (10′) in width; and

(4)

Shall be parked within a completely enclosed building or in the open within the buildable area of the lot behind the front wall of the residence.

General Residence Districts:

Parking of motor vehicles shall be permitted as follows:

Any motor vehicle parked on the lot shall be of the first division with a gross vehicle weight rating of ten thousand one (10,001) pounds or less; and

Shall be limited to not more than four (4) motor vehicles, all of which shall be owned by the residents of the lot; and

The owner of the property may use not more than one (1) of the four (4) resident motor vehicles for off-premise commercial purpose. Such vehicle may have ladder racks, toolboxes, a snowplow and/or company name and logo, etc., on the vehicle.

Recreational vehicles: One (1) recreational vehicle for each five (5) dwelling units constructed on the zoning lot may be parked or stored within the general residence districts where such vehicle is owned by the occupant of any one (1) of the dwelling units and is located within a completely enclosed building or is parked or stored in the open not less than sixty feet (60′) from the right-of-way line of any street, and twenty feet (20′) from any other property line.

Trailers for parking antique, recreational or passenger vehicles and garden trailers shall comply with the following:

Trailers for parking antique, recreational and passenger vehicles shall comply with the following:

(1)

Shall be licensed/registered trailers capable of transporting vehicles on the public road right-of-way; and

(2)

Shall have no more than two (2) axles, and

(3)

Shall be no more than twelve feet (12′) in width, and not more than thirty feet (30′) in length; and

(4)

Shall be parked within a completely enclosed building or in the open within the buildable area of the lot behind the front wall of the residence.

Garden trailers shall comply with the following:

(1)

Shall be unlicensed/unregistered trailers and capable of being operated only on residential property and not on the public right-of-way; and

(2)

Shall be single axle; and

(3)

Shall be no more than ten feet (10′) in length and ten feet (10′) in width; and

(4)

Shall be parked within a completely enclosed building or in the open within the buildable area of the lot behind the front wall of the residence.

(Ord. T-4-05, 7-11-2006; Ord. No. T-2-12, 10-23-2012; Ord. No. DC-O-0043-24, 6-25-2024)

37-700.8: - REQUIRED CONDITIONS.

Permitted or conditional uses established in the residence districts shall comply with the following required conditions:

Not more than one (1) principal building, structure or use shall be located on a zoning lot within these districts, except by a subdivision of land or a planned development.

Lot area or other criteria used to satisfy one (1) use cannot be counted again, or be used to satisfy an additional use, except by a subdivision of land or a planned development.

Garage sales shall be limited to no more than four (4) per calendar year and shall be limited to no more than two (2) consecutive weekends during any calendar year.

The storage of junk and debris shall be prohibited on all residential lots.

There shall be no more than four (4) pets over four (4) months of age in any dwelling unit.

Horses: Where horses are permitted the following shall apply:

Horses shall be confined to a pasture, corral or paddock area.

Designated Area: The pasture, corral or paddock areas shall be regulated as follows:

Each horse on a zoning lot shall have a contiguous designated area of at least ten thousand (10,000) square feet per horse, exclusive of all other areas on the property used for principal and accessory buildings, structures and/or uses including septic area and well areas.

Areas designated for horses shall be at least five feet (5′) from all front, side and rear property lines.

Stables or completely enclosed buildings for horses shall be located on the property as follows:

(1)

Behind the front wall of the principal building on the property; and

(2)

One hundred fifty feet (150′) from the front property line; and

(3)

Thirty feet (30′) from any side, corner side and rear property line.

Refuse Container/Area: Each property maintaining horses shall provide an area for horse refuse/manure within the area designated for the horse; as follows:

The refuse area shall be enclosed by fences, masonry walls or landscaping around the entire refuse area;

The refuse area shall be located behind the front wall of the principal building and shall be located at least thirty feet (30′) from the side and rear property lines.

(2005 Code; Ord. T-4-05, 7-11-2006; Ord. No. T-2-12, 10-23-2012)

37-700.9: - TEMPORARY USES.

On lots in residential districts with legal nonresidential uses, such as, but not limited to, churches, schools, etc., the retail sale of Christmas trees, wreaths and other similar type seasonal items may be allowed but shall require a location permit issued by the Department of Economic Development and Planning. The location permit application shall include a detailed site plan reflecting all yard requirements, location and size of any proposed lights and signage, location of sanitary facilities, written permission of the property owner, and the posting of a cash bond sufficient to assure the removal of all debris and to return the property to its prior condition. Signs shall comply with the sign regulations of this chapter for seasonal sales signs.

(2005 Code)

37-700.10: - ADDITIONAL CONDITIONS.

Permitted or conditional uses established in the residence districts shall be required to observe all additional regulations as specified within each zoning district in Article VII, Part 2 of this chapter.

(2005 Code)

37-701: - R-1 SINGLE-FAMILY RESIDENCE DISTRICT.

The R-1 single-family residence district is established to preserve and maintain existing single-family areas of the County and permit the continued development of residential uses primarily in areas where public utilities are not readily available.

(2005 Code)

37-701.1: - PERMITTED USES.

The following uses are permitted:

Accessory buildings, structures and uses:

Attached accessory buildings, structures and uses shall be permitted as follows:

An attached accessory building, structure or use is a building, structure or use which is connected to a principal building or use by a party wall or by a linkage building.

An attached accessory building, structure or use shall be compatible with and subordinate in floor area and size to the principal building.

An attached accessory building, structure or use shall be established at the same time or after the completion of a principal building.

An attached accessory building shall include but not be limited to the following:

Attached garage/enclosed parking space;

Attached gazebo;

Attached pool houses;

Attached enclosed swimming pool/spa;

Attached shed; attached stable;

Attached tool shed;

Attached building similar to those buildings listed above which is not the principal building of the property;

Linkage building shall be considered part of the attached accessory building.

Structures and appurtenances and equipment thereto relating to solar and wind energy including but not limited to roof mounted solar panels and wind turbines.

Floor area requirement: An attached accessory building shall comply with the following square footage requirements:

On a single family residential property containing less than forty thousand (40,000) square feet of lot area the first one thousand (1,000) square feet of an attached accessory building or buildings shall not be counted against the overall floor area ratio allowed on the property. Any portion of the attached accessory building or buildings over one thousand (1,000) square feet shall be counted against the floor area ratio allowed on the property.

On a single family residential property containing more than forty thousand (40,000) square feet of lot area the first two thousand (2,000) square feet of an attached accessory building or buildings shall not be counted against the overall floor area ratio allowed on the property. Any portion of the attached accessory building or buildings over two thousand (2,000) square feet shall be counted against the floor area ratio allowed on the property.

Setback requirement: An attached accessory building shall meet all setback requirements of the principal building or use as required in the zoning district.

Height requirement: Except as provided herein, an attached accessory building shall meet the maximum height requirement of the principal building or use as required in the zoning district.

Horses: In addition to the allowable floor area for attached buildings, private stables for the keeping of horses are permitted subject to the following conditions:

Where horses are permitted on residential property, two hundred seventy-five (275) square feet of the stable space shall be permitted for each permitted horse.

Stables shall be located not less than one hundred fifty feet (150′) from the front lot line and not less than thirty feet (30′) from any side or rear lot line.

The total number of horses permitted on any given lot shall be determined by the use of the following formula:

One (1) horse for the first forty thousand (40,000) square feet of land area;

One (1) additional horse for each additional twenty thousand (20,000) square feet of land area.

Airplane hanger: In addition to the allowable floor area for attached buildings, where a residential property is part of an airport development, hanger space, whether attached or detached, shall contain not more than three thousand six hundred (3,600) square feet of floor area.

Home occupations.

Detached accessory buildings, structures and uses shall be permitted as follows:

A detached accessory building, structure and use is a building, structure and use which is not connected to a principal building or use by a party wall or by a linkage building.

A detached accessory building, structure and use shall be compatible with and subordinate in the floor area and size to the principal building.

A detached accessory building, structure and use shall be established at the same time or after the completion of a principal building.

Structures and appurtenances and equipment thereto relating to solar and wind energy including but not limited to roof mounted solar panels and wind turbines.

A detached accessory building shall include but not be limited to the following:

Detached garage/enclosed parking space;

Detached gazebo;

Detached pool houses;

Detached enclosed swimming pool/spa;

Detached shed; attached stable;

Detached tool shed;

Detached building similar to those buildings listed above which is not the principal building of the property;

A breezeway shall be considered detached and part of the detached accessory building.

Floor area requirement: Detached accessory building shall not exceed the maximum amount of floor area as hereinafter set forth:

On lots containing forty thousand (40,000) square feet or less of lot area, detached accessory building shall contain no more than one thousand (1,000) square feet of floor area and in no instance shall all detached accessory buildings, either individually or combined, be larger in size than the principal building on the property.

On lots containing more than forty thousand (40,000) square feet of lot area, permissible area for detached accessory buildings shall be based on a floor area ratio (FAR) of .025 but shall in no case exceed two thousand six hundred (2,600) square feet of floor area and in no instance shall all detached accessory buildings, either individually or combined, be larger in size than the principal building on the property.

If the principal building is constructed without an attached garage, an additional two hundred (200) square feet of gross floor area may be added to the detached accessory buildings permitted herein.

Location: Except as otherwise hereinafter provided a detached accessory building, structure or use shall not be located within the front, side, corner side and rear yard setback requirements of the zoning lot, as set forth for the zoning district:

A detached accessory building, structure or use shall be located, erected, altered, or moved behind the front wall of the principal building, which is nearest to the front lot line.

When located entirely within the rear yard, detached accessory buildings, structure or use may observe the following location standards:

Within the rear yard of a reversed corner lot, a detached accessory building, structure or use, shall be located at least thirty (30) feet from the street lot line.

Within the rear yard of a corner lot, a detached accessory building, structure or use shall be located at least thirty (30) feet from the street line.

Detached accessory buildings, structure or use may be located at least three (3) feet from the rear property line even if they are not located entirely within the rear yard.

If a detached accessory building, structure or use is located completely within the required rear yard of a lot, it may be located at least three (3) feet from the interior side and rear lot lines.

On residential lots of twenty thousand (20,000) square feet or less, detached accessory buildings and structures and use may be located at least three (3) feet from the interior side lot line if they are located behind the front wall of the principal structure.

Height:

On residential zoning lots of less than forty thousand (40,000) square feet, a detached accessory building, structure or use shall not exceed fifteen (15) feet in height.

On residential zoning lots of forty thousand (40,000) square feet or more, a detached accessory building, structure or use shall not exceed twenty-four (24) feet in height.

Horses: In addition to the allowable floor area for detached buildings, private stables for the keeping of horses are permitted subject to the following conditions:

Where horses are permitted on residential property, two hundred seventy-five (275) square feet of stable space shall be permitted for each permitted horse.

Stables shall be located not less than one hundred fifty feet (150′) from the front lot line and not less than thirty feet (30′) from any side or rear lot line.

That the total number of horses permitted on any given lot shall be determined by use of the following formula:

One (1) horse for the first forty thousand (40,000) square feet of land area;

One (1) additional horse for each additional twenty thousand (20,000) square feet of land area.

Airplane hanger: In addition to the allowable floor area for detached buildings, where a residential property is part of an airport development, hanger space, whether attached or detached, shall contain not more than three thousand six hundred (3,600) square feet of floor area. Detached buildings containing hanger space shall not exceed thirty feet (30′) in height.

Breezeway or any detached open air, roofed or covered accessory structure shall not exceed twenty feet (20′) in length.

For purposes of this section the determination of the length of a detached open air, roofed or covered accessory structure shall be the portion of the structure which is most perpendicular to the front, and rear property lines of the zoning lot.

Detached open air, roofed or covered accessory structure shall include but not be limited to the following: breezeway; open porch; portico; terrace; trellis; or any similar type structure to those listed above.

Easement: A detached accessory building shall not encroach on a drainage or utility easement without waivers from the local public or quasi-public entities or utility companies to which such easement was dedicated.

Noncommercial radio and television towers and antennas and accessory buildings containing hangar space shall conform to the height requirements of the residential zoning districts.

Roadside stands where all the farm products are grown or raised on said lot.

4-H projects accessory to the principal use of the property:

May be permitted on a zoning lot containing not less than forty thousand (40,000) square feet of land area (the 4-H minimum lot area shall not be required for 4-H bee keeping projects). All buildings for a 4-H project shall be set back not less than one hundred fifty feet (150′) from the front lot line and not less than thirty feet (30′) feet from any side or rear lot line.

4-H projects for bee keeping and bee colonies maintained as a hobby by a resident of the same property, and which is not for commercial purposes, are permitted subject to the following terms and conditions:

A permit issued by the County Building and Zoning Department is required to keep bees on a property.

The permit application requirements shall include:

(1)

A site plan showing that all buildings and structures used for bee keeping shall be set back not less than twenty-five feet (25′) from all property lines and shall be located behind the front wall of the home.

(2)

Provide a copy the local Illinois Cooperative Extension 4-H program certification for the 4-H project.

(3)

Provide a certified copy of the State of Illinois Department of Agriculture registration form as required by the Illinois Bees and Apiaries Act (510 ILCS 20/1 et seq.) as amended from time to time, and comply with all applicable regulations of said Department as may be amended from time to time.

(4)

Provide documentation showing that all bees shall be of the common domestic honeybees of the Apis mellifera species.

(5)

Provide documentation showing that all colonies will be kept in inspectable-type hives, with removable combs, which shall be kept in sound, usable, and sanitary condition.

(6)

Provide documentation showing that all beehives shall be kept within one (1) or more contiguous beehive structure(s) with a combined area not exceeding eight (8) square feet and six feet (6′) in height.

(7)

Lots containing less than forty thousand (40,000) square feet of land shall not have more than two (2) colonies. Lots exceeding forty thousand (40,000) square feet of lot area shall have a maximum of four (4) colonies.

(8)

In any instance where a bee colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from a stock bred for gentleness and non-swarming characteristics.

Noncommercial radio and television towers and antennas, including the structure thereto, shall be permitted subject to the following conditions:

Shall comply with applicable Federal Communications Commissions (FCC) height restrictions, if any,

No portion of any tower, antenna or support wires may be located within any required yard or closer than ten feet (10′) to any lot line, whichever is greater.

All yards shall be increased by one foot (1′) for each additional two feet (2′) by which the tower or antenna height exceeds thirty feet (30′) in height.

In no event shall the tower or antenna exceed one hundred feet (100′) in height except by a conditional use permit.

Carrier and racing pigeon lofts where such lofts have been constructed in compliance with the County Building Code.

The storage of household accessory equipment shall be in an enclosed structure.

Trails for recreation or transportation by foot, horse, or non-motorized vehicles.

Daycare homes which receive no more than eight (8) children under the age of twelve (12) (including the provider's own children) and which do not have any outside employees.

Excavation and/or filling. The excavation and/or filling of any land not located within a floodplain and/or wetland area, where the excavation and/or filling operation meets all requirements established in Section 37-1408 of this chapter.

Golf courses, except as regulated elsewhere in this section, provided that all buildings shall be located not less than one hundred feet (100′) from any residential lot line and the course shall not be lighted for night operations.

Group homes.

Hens. There shall be no more than five (5) hens permitted on a residential property, subject to the following conditions:

Hens shall be located in an enclosed structure, located behind the front wall of the principal building, which is nearest to the front lot line, and not less than twenty-five feet (25') from any side or rear lot line.

Place of assembly where the subject property meets the following criteria:

The property is located adjacent to at least an arterial roadway as defined by the DuPage County Division of Transportation;

The use takes primary access to and from the arterial roadway;

The use is operated using public sewer and water;

The use is not operated in an existing single-family home or dwelling unit.

Public land and buildings.

Totlots.

Single-family detached dwellings.

Temporary buildings and uses:

Model Home/Temporary Office: A model home including a temporary office for sale or rental of units within the development or other subdivided land adjoining such development may be constructed as an integral part of the development site (subdivision or planned development). Such model home and/or temporary office shall be permitted for a period of time not to exceed sixty (60) days after the sale of the last unit within the development site. One (1) identification sign shall be permitted.

Temporary Construction Yard: The temporary use of land for the installation, maintenance and operation of facilities used by contractors in the construction yard is an integral part, provided such facilities shall be located not less than five hundred feet (500′) from any building used for residential purposes (buildings not being a part of the development site, subdivision, or planned development), and provided that the period of such temporary use shall not exceed the duration of construction for the development site.

Any existing principal building or accessory structure located upon the development site may be utilized for office space or for the enclosed storage of equipment and/or building supplies associated with the development of the site, provided such temporary use of existing buildings shall not exceed the duration of the construction for the development site.

Other temporary uses. Temporary uses shall be reviewed by and approved by the Director, Department of Economic Development and Planning, prior to being established on a zoning lot. The director shall have the authority to establish reasonable terms and conditions for the temporary use including, but not limited to, location on the lot, parking and time limit.

Level 1 and Level 2 charging stations are permitted in every zoning district, when accessory to the primary permitted use of said district. Charging stations located at single-family and multiple-family uses shall be designated as private use only. Installation of Level 2 charging stations shall be subject to building permit approval.

Permitted Encroachments: The following accessory buildings, structures and uses are permitted and may encroach in the required setback yards as follows:

(F - Denotes front yard; R - Denotes rear yard; S - Denotes interior side yard; CS - Denotes corner side yard)

Use:		Setback or Permitted encroachment into required yard	A. Required Yards
Air conditioning window units		May encroach 2'	F	S	R	CS
Arbor		3' Setback	F	S	R	CS
Architectural entrance		5' Setback	F	S	R	CS
Architectural feature (not to exceed 4 feet in height)		May encroach 30%	-	S	R	-
Awning		May encroach 10%	F	S	R	CS
Balcony		May encroach 10%	F	-	R	CS
Basketball: Court, poles, rim, net		10' Setback	-	S	R	-
Bay window		May encroach 10%	F	S	R	CS
Chimney		May encroach 10%	F	S	R	CS
Compressors: For air conditioning units/heat pump		May encroach 10%	-	S	R	-
Deck		15' Setback	-	-	R	-
Dog run		10' Setback	-	-	R	-
Driveway: Side loading attached garage		1' Setback	F	S	R	CS
Driveway: Detached garage, carport and open-air parking space behind the house.		1' Setback	F	S	R	CS
Eave and gutter		May encroach 10%	F	S	R	CS
Fence. (See also section 37-407 of this article)		3 inches Setback	F	S	R	CS
Firewood		3' Setback	-	S	R	-
Flagpole		10' Setback	F	S	R	CS
Fountain		10' Setback	F	S	R	CS
Gate: Entrance gates not to exceed 8 feet in height and must be at least 50% open		5' Setback	F	-	R	CS
Gazebo		10' Setback	-	-	R	-
Generator		May encroach 10%	-	S	R	-
Gutter and eave		May encroach 10%	F	S	R	CS
Laundry drying equipment		10' Setback	-	-	R	-
Light standard		5' Setback	F	S	R	CS
Outside fireplace		3' Setback	-	S	R	-
Patio		3' Setback	-	S	R	-
Pond: Ornamental		10' Setback	F	S	R	CS
Porch: Open or roofed		May encroach 10%	F	-	R	CS
Portico: Open or roofed		May encroach 10%	F	-	R	CS
Recreational structure and equipment		10' Setback	-	-	R	-
Retaining wall		1' Setback	F	S	R	CS
Sidewalk, path and walkway		1' Setback	F	S	R	CS
Sign: (See article XI)
Statuary		10' Setback	F	S	R	CS
Stoop		May encroach 30%	F	S	R	CS
Sump pump and surface water discharge pipes/ structure		3' Setback	F	S	R	CS
Swimming pool, open air outdoor		10' Setback	-	-	R	-
Tennis court		10' Setback	-	-	R	-
Terrace		3' Setback	-	S	R	-
Trellis		3' Setback	F	S	R	CS
Volleyball court		10' Setback	-	-	R	-
Well head		5' Setback	F	S	R	CS
Wing wall (not to exceed 4 feet in height)		May encroach 30%	-	S	R	CS
Decks, gazebos, patios and terraces: Planned Development:	Where a residential development, (attached or detached), is developed as a planned development which contains a Homeowners Association (HOA), and is developed on fee simple lots with rear yards of 20 feet where the rear yard is adjacent to interior common open space which is at least 20 feet wide, decks, gazebos, patios and terraces may be permitted 3 feet from the rear lot line providing the following:
	1. The HOA has voted to allow said structures 3 feet or greater from the rear lot line.
	2. The HOA has authorized the encroachment and sent to the County an executed document of approval as part of the building permit application.
Docks: Residential development adjacent to private lake:	Where a residential development is developed on fee simple lots and the rear lot lines are adjacent to interior common open space consisting of a lake which extends into the rear yards of the lots and which contains a Homeowners Association (HOA), docks may be allowed within the rear yards of the lots extending into the lake (common open space) for a distance not to exceed ten feet (10') provided the following:
	1. The HOA has voted to allow docks within the rear yards of the lots extending into the lake (common open space) for a distance not to exceed ten feet (10').
	2. The HOA has authorized the encroachment and sent to the County an executed document of approval as part of the building permit application.

(2005 Code; Ord. ZP-T-3-05; Ord. No. T-2-11, Exh. 1(2), (20), 10-11-2011; Ord. No. T-2-12, 10-23-2012; Ord. No. T-1-18(a), § 1, 11-1-2018; Ord. No. T-1-20, 8-25-2020; Ord. No. DC-O-0043-24, 6-25-2024; Ord. No. DC-O-0050-24, 8-27-2024; Ord. No. DC-O-0056-24, 8-27-2024)

37-701.2: - CONDITIONAL USES.

The following conditional uses require prior approval after public hearing in accordance with the requirements of Section 37-1413 of this chapter:

Accessory housing.

Accessory uses on a residential zoning lot, (including buildings, structures and uses) that are accessory to the principal use, building or structure on a residential zoning lot which have been established on a residential lot for at least five (5) years but without proper authority, (e.g.: without building or zoning permits).

Bed and breakfast establishments.

Cemeteries, provided all buildings shall be located not less than fifty feet (50′) from any residential lot line.

Detached accessory buildings or structures having a gross floor area exceeding the maximum accessory building floor area permitted in the R-1 district.

Detached accessory buildings: Increase in the allowable Floor Area Ratio but in no instance shall the increase be larger than the principal building on the property.

Dwelling group quarters.

Existing private airports.

Greenhouses and nurseries (on lots containing less than five (5) acres of land area) including wholesale sales of plant materials and crops, all of which are grown on the

zoning lot. Heating plant installation in connection with greenhouse operations shall conform with the applicable performance standards set forth in Section 37-1003 of this chapter.

Heliports, provided that the heliport is located on a parcel of land at least ten (10) acres in area and that the noise levels at the boundary of the ten (10) acre parcel are in conformance with the performance standards contained in Section 37-1004 of this chapter.

Mining, loading and hauling of sand, gravel or other aggregate, but not including equipment, buildings, or structures for screening, crushing, working or storage except as may be specifically authorized for a limited period.

Model home including a sales office may be established on any property when meeting the following criteria:

Shall be located on a street classified as a major collector or arterial street.

Shall be permitted for a period of five (5) years.

Shall provide not less than four (4) parking spaces meeting all criteria of the zoning district in which such use is located.

Shall be permitted one (1) identification sign pursuant to Subsection 37-1105.1B. of this chapter.

No outdoor storage of commercial vehicles, construction vehicles, equipment or supplies shall be permitted on the site of the model home.

Display illumination of the model home shall be directed away from surrounding properties and shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

Shall be established only on existing subdivided lots or zoning lots of record.

Noncommercial radio and television towers and antennas, which exceed the maximum height permitted in the R-1 district.

Pets - more than four (4) pets four (4) months of age on a residential lot owned by a resident of the lot.

Planned developments.

Public utility and/or service uses:

Essential services including fully automated gas regulating stations, telephone exchanges and electric substations.

Railroad passenger stations when not located on railroad property.

Towers and antennas, commercial, for radio, television and telephone transmitting, receiving or relay stations.

Wastewater treatment plants.

Waterworks, reservoirs, pumping stations, filtration plants and wells.

Other governmental and utility service uses.

Recreational use which is the principal use of the property:

Basketball court, clubhouse, swimming pool, tennis court or similar type use on lots which are the principal use of the property shall contain a minimum of eighty thousand (80,000) square feet of land area.

Golf courses on a minimum of thirty (30) acres of land area, golf courses lighted for night operation, golf learning centers, driving ranges and miniature golf courses as follows:

All buildings or structures shall be located not less than fifty (50) feet from any residential property line.

Lighting for night operation of recreational uses shall be directed away from surrounding properties.

Place of assembly use established prior to October 25, 2011 which is either a 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 or legal nonconforming existing place of assembly use established prior to October 25, 2011 and not established by-right or by approval of the DuPage County Board either by variation, special use or conditional use approval.

Polo fields, fishing ponds, hunt and gun clubs, conservation clubs, archery ranges, picnic grounds, private saddle clubs and swimming pools on lots containing a minimum of five (5) acres of land area.

Public and private parks, playgrounds, picnic groves, play fields and other open spaces.

Stables and riding academies which are the principal use of the property.

Residential care uses:

Daycare centers.

Daycare centers, adult.

Daycare homes which receive from nine (9) to twelve (12) children under the age of twelve (12) (including the provider's own children) or which have one (1) or more outside employees.

Group daycare homes.

Roadside stands where less than one hundred percent (100%) of the farm products are grown or raised on said lot.

Schools, public and private colleges, universities and other institutions of higher learning.

Schools, public and private elementary, junior high and high schools, boarding or nonboarding.

Separate living quarters for domestic servants employed on the premises.

(2005 Code; Ord. No. T-2-11, Exh. 1(2), 10-11-2011; Ord. No. T-2-12, 10-23-2012; Ord. No. T-3-12A, 12-11-2012; Ord. No. T-1-17, 2-13-2018)

37-701.3: - LOT REQUIREMENTS, SIZE, WIDTH AND DEPTH: (R-1 DISTRICT)

Except as otherwise provided herein, a separate minimum ground area herein called the zoning lot, shall be designated, provided and continuously maintained for each building containing a permitted or conditional use, as follows:

Use	Minimum Lot Size	Lot Width	Lot Depth
Single-Family Detached Dwellings	100,000 sq. ft.	165′	200′
Reserve Lot:	100,000 sq. ft.	165′	200′
•Reserve Strip:	NA	20′ reserve strip	NA
Historic Lot of Record containing a Single-Family Detached Dwelling	NA	50′	NA
Planned Developments	NA	NA	NA
Schools	100,000 sq. ft. for the first 100 pupils, plus 20,000 sq. ft. for each additional 50 pupils or any portion thereof	165′	200′
Place of Assembly, Indoor Recreational facilities, libraries, museums and art galleries	100,000 sq. ft. for the first 100 occupants in the main assembly area or building based on design rated occupancy plus an additional 20,000 sq. ft. for each additional 50 occupants or any portion thereof based on design rated occupancy	165′	200′
All Other Permitted or Conditional Uses	100,000 sq. ft.	165′	200′

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

37-701.4: - YARD, HEIGHT AND FLOOR AREA RATIO REQUIREMENTS. (R-1):

Notwithstanding section 37-700.4 of this chapter and except as otherwise provided herein, each principal building located in the R-1 district shall provide for one (1) front yard, two (2) interior side yards or one (1) interior side yard and one (1) corner side yard, and one (1) rear yard.

Minimum Yard, Height, FAR and Lot Coverage Required:

Use:	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard	Height	FAR	Lot Cover- age
Single-family detached dwelling	40′	20′	40′	50′	36′, (except that where a lot size is 40,000 sq. ft. or more, the height of a building or attached structure may be increased 1′ for each 1′ all required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72′).	.20	NA
Historic Lot of record containing a single-family detached dwelling	40′	20′	40′	50′	36′ (except that where a lot size is 40,000 sq. ft. or more, the height of a building or attached structure may be increased 1′ for each 1′ all required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72′).	.20	NA
Schools	40′	40′ adjacent to a residential zoning district 20′ adjacent to a non-residential zoning district	40′	50′	36′, (except that where a lot size is 40,000 sq. ft. or more, the height of a building or attached structure may be increased 1′ for each 1′ all required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72′).	.20	50%
Place of Assembly, Indoor Recreational facilities, libraries, museums and art galleries	40′	40′ adjacent to a residential zoning district 20' adjacent to a non-residential zoning district	40′	50′	36′, (except that where a lot size is 40,000 sq. ft. or more, the height of a building or attached structure may be increased 1′ for each 1′ all required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72′).	.20	50%
All other permitted or conditional uses	40′	20′	40′	50′	36′, (except that where a lot size is 40,000 sq. ft. or more, the height of a building or attached structure may be increased 1′ for each 1′ all required yards are increased. The required yard increase shall be measured from the portion of the building or attached structure which exceeds the maximum height. In no case shall the height exceed 72′).	.20	50%
Decks, gazebos, patios and terraces which are located in and part of a Planned Development:	Where a residential development, (attached or detached), is developed as a planned development which contains a Homeowners Association (HOA), and is developed on fee simple lots with rear yards of 20 feet where the rear yard is adjacent to interior common open space which is at least 20 feet wide, decks, gazebos, patios and terraces may be permitted 3 feet from the rear lot line providing the following: 1. The HOA has voted to allow said structures 3 feet or greater from the rear lot line. 2. The HOA has authorized the encroachment and sent to the County an executed document of approval as part of the building permit application.
Docks: Residential development adjacent to private lake:	Where a residential development is developed on fee simple lots and the rear lot lines are adjacent to interior common open space consisting of a lake which extends into the rear yards of the lots and which contains a Homeowners Association (HOA), docks may be allowed within the rear yards of the lots extending into the lake (common open space) for a distance not to exceed ten feet (10′) provided the following: 1. The HOA has voted to allow docks within the rear yards of the lots extending into the lake (common open space) for a distance not to exceed ten (10) feet. 2. The HOA has authorized the encroachment and sent to the County an executed document of approval as part of the building permit application. (Ord. T-4-05, 7-11-2006)

Use of Yards: All nonsingle-family detached uses shall utilize required yards in the following manner:

Front and corner side yards shall be maintained for the purpose of providing site access, fire access, landscaping and fences. Except as otherwise provided in Sections 37-701.7 and 37-1411 of this chapter, accessory off-street parking and on site circulation shall be prohibited in front yards and corner side yards.

Interior side yards and rear yards shall be maintained for the purpose of providing site access, fire access, landscaping and fences. Except as otherwise provided in Sections 37-701.7 and 37-1411 of this chapter, accessory off-street parking and on site circulation shall be prohibited in interior side and rear yards.

(2005 Code; amd. Ord. T-4-05, 7-11-2006; Ord. No. T-2-11, Exh. 1(2), 10-11-2011)

37-701.5: - BUILDING BULK REQUIREMENTS.

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

37-701.6: - SIGNS.

See Article XI of this chapter.

(2005 Code)

37-701.7: - OFF-STREET PARKING AND LOADING REQUIREMENTS.

In addition to the requirements of Section 37-700.7 of this chapter, see Section 37-1200 of this chapter.

Any nonsingle-family detached use may utilize up to twenty percent (20%) of the interior portion of any required yard for accessory off-street parking or on site circulation. Any nonsingle-family detached use which does utilize up to twenty percent (20%) of any required yard for parking or circulation shall be subject to the provisions of Sections 37-415, "Site Plan Review," and 37-419, "Landscaping," of this chapter.

(2005 Code)

37-701.8: - REQUIRED CONDITIONS.

Reserved.

(2005 Code)

37-701.9: - ADDITIONAL CONDITIONS.

TRASH CONTAINERS: All outside trash containers for any nonsingle-family detached development located in the R-1 single-family residence district shall be enclosed with fences, masonry walls or landscaping which shall provide a full landscape screen according to the provisions of Section 37-419 of this chapter.

(2005 Code)

37-702: - R-2 SINGLE-FAMILY RESIDENCE DISTRICT.

The R-2 single-family residence district is established to preserve and maintain existing single-family areas of the County and permit the continued development of residential uses primarily in areas where public utilities are not readily available.

(2005 Code)

37-702.1: - PERMITTED USES.