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Lisle City Zoning Code

CHAPTER 8

ACCESSORY USES

5-8-1: GENERAL:

The regulations of this Chapter apply to all accessory uses and structures unless otherwise expressly stated.
   (A)   Accessory Uses and Structures Allowed. Accessory uses and structures are permitted in connection with lawfully established principal uses unless otherwise expressly stated.
   (B)   Incidental and Subordinate in Nature. The Zoning Administrator is authorized to determine when a use, building, or structure meets the criteria of an accessory use or accessory structure. In making this determination, the Zoning Administrator shall determine that the use or structure:
      1.   Is subordinate to the principal building or principal use in terms of area and function;
      2.   Is customarily found in association with the principal use or principal building.
   (C)   The Zoning Administrator is authorized to deny or prohibit the establishment of an accessory use or structure if the Zoning Administrator determines that the accessory use or structure does not meet the accessory use criteria set forth in this Chapter. This decision may be appealed in accordance with the appeal procedures in Chapter 17 of this Zoning Ordinance.
   (D)   Time of construction and establishment
      1.   Accessory uses shall be established only after the principal use of the property is established.
      2.   Accessory structures shall be established in conjunction with or after the principal building. They shall not be established before the principal building is in place.
   (E)   Location. Accessory uses and structures must be located on the same lot as the principal use or building to which they are accessory, except as otherwise expressly stated.
   (F)   Applicable regulations and standards
      1.   Unless otherwise expressly stated, accessory uses and structures are subject to the lot and building standards of the underlying zoning district.
      2.   Accessory uses and structures are not subject to minimum lot area or minimum lot frontage requirements.
      3.   Accessory uses and structures shall comply with all applicable regulations of this Zoning Ordinance, except as otherwise expressly stated. (Ord. 2021-4931, 11-15-2021)

5-8-2: SUPPLEMENTAL ACCESSORY USE REGULATIONS:

Accessory uses or structures that are restricted to specific principal uses, zoning districts, or subject to supplemental regulations are as follows:
   (A)   Accessory Dwelling Units
An accessory dwelling unit is an independent residential dwelling unit that is accessory to an existing household living use.
      1.   General. Accessory dwelling units are allowed as an accessory use to a detached house, duplex, or townhouse.
      2.   Number Allowed. Only one accessory dwelling unit is permitted per detached house, duplex, or townhouse.
      3.   Method of Creation. An accessory dwelling unit shall be created through any of the following methods:
         (a)   Within the existing floor area of a detached house, duplex, or townhouse.
         (b)   As an addition to detached house, duplex, or townhouse. The addition may be constructed at the time of construction of the detached house, duplex, or townhouse, or added at a future date. The addition must be attached to the existing dwelling unit, not an attached garage.
      4.   Occupant Regulations
         (a)   Only persons related to the occupants of the primary unit shall occupy the accessory dwelling unit. Further, at least one (1) of the units-the principal dwelling unit or accessory dwelling unit-must be occupied by a person either 55 years of age or older or by a person with a physical or developmental disability that renders joint occupancy medically necessary, beneficial, or desirable.
         (b)   The total number of residents to reside within an accessory dwelling unit and the principal dwelling unit shall not exceed the number permitted for a household.
         (c)   The principal dwelling unit or the accessory dwelling unit must be occupied by the legal or beneficial owner of the subject lot.
      5.   Design Requirements. A separate exterior entrance may be added to serve an accessory dwelling unit, provided that the door does not face the street.
   (B)   Animals
Refer to Sections Title 9 of the Village Code.
   (C)   Basketball Goals
A basketball goal includes the pole, backboard, and rim. A backboard and rim attached to a building shall also be defined as a basketball goal. A basketball court shall be defined as a patio.
      1.   General. The Zoning Administrator is authorized to determine which principal uses basketball goals are accessory to in accordance with Section 5-8-1 of this Chapter.
      2.   Location. Basketball goals are allowed as a permitted encroachment in the required front street, side street, rear and side setback.
      3.   Basketball goals shall not be positioned to allow for use within the public right-of-way.
   (D)   Beekeeping
Refer to Section 9-3-13 of the Village Code.
   (E)   Convenience Services
Convenience services are accessory uses which customarily accompany and are incidental to the principal use, and which provide ease of access to services and amenities which are primarily intended for use by the employees, clients, customers, or residents of the principal use. Convenience services includes neighborhood association club houses.
      1.   General
         (a)   Convenience services are a permitted accessory use to lodging, offices, nursing homes, medical services, colleges or universities, and multi-unit uses.
         (b)   Neighborhood association club houses are a permitted accessory use to a household living use.
      2.   Convenience Service Uses
         (a)   Personal improvement services including barbershops, hair and nail salons, spas, health clubs, yoga and fitness studios;
         (b)   Consumer repair and maintenance services including laundry, dry cleaning pickup shops;
         (c)   Retail consisting of florists, gift shops, pharmacies, medical equipment of a type not customarily retailed to the general public, and newsstands;
         (d)   Daycare services;
         (e)   Eating establishments; and
         (f)   Similar convenience services determined by the Zoning Administrator to be an accessory use in accordance with Section 5-8-1 of this Chapter.
   (F)   Decks
      1.   General. Decks are a permitted accessory use in all zoning districts to all principal uses.
      2.   Location
         (a)   Decks shall be located a minimum of 10 feet from any rear lot line.
   (G)   Dog Houses or Dog Runs
      1.   General
         (a)   Dog houses or dog runs are a permitted accessory use to a detached house, duplex, or townhouse.
         (b)   Dog runs are a permitted accessory use to an animal services principal use.
      2.   Number Allowed. One dog house or dog run is permitted per lot.
      3.   Location Allowed. A dog house or dog run is prohibited in front street yard, side street yard, and side yard.
   (H)   Donation or Collection Drop Boxes
A receptacle provided for general public to drop-off recyclable paper, cans, glass and plastics as well as charitable donations such as clothing, shoes, books, and toys.
      1.   General
         (a)   Donation or Collection Drop Boxes are allowed as an accessory use in the B-2 and I-1 zoning districts.
      2.   Number Allowed. One donation or collection drop box is permitted per lot.
      3.   Size Restriction. A donation or collection drop box shall not exceed 6.5 feet in height or 32 square feet in area.
      4.   Location. A donation or collection drop box is subject to the building setback regulations of the underlying zoning district.
      5.   Prohibited Locations. A donation or collection drop box is prohibited in the following locations:
         (a)   In any front street yard or side street yard;
         (b)   In any parking space, drive aisle, or fire lane;
      6.   A donation or collection drop box shall not:
         (a)   Obstruct vehicular, pedestrian or bicycle traffic;
         (b)   Reduce any sidewalk or paved surface spaces designed for the passage of pedestrians
      7.   The name of the company or organization that owns and/or controls the drop box must be prominently displayed on the drop box, along with contact information, including a phone number and email address. The drop box must also include a legible notice prohibiting the placement of items outside of the drop box and identifying the drop box owner/operator. Items that are not enclosed within a drop box are deemed a nuisance and are subject to removal by the Village at the subject property owner’s expense.
   (I)   Dumpster or Refuse Enclosures
Refer to Chapter 15 of this Zoning Ordinance.
   (J)   Electric Vehicle (EV) Charging Stations
      1.   General
         (a)   Private (restricted-access) EV charging stations are permitted as accessory use in all zoning districts.
         (b)   Public EV charging stations are a permitted accessory use to all nonresidential principal uses in all zoning districts.
      2.   Parking
         (a)   EV charging stations may be counted toward satisfying minimum off-street parking space requirements.
         (b)   Public EV charging stations must be reserved for parking and charging electric vehicles.
      3.   Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.
      4.   Signage. Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, “charging” means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
      5.   Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.
   (K)   Fence or Wall
Refer to Chapter 15 of this Zoning Ordinance.
   (L)   Flagpole
      1.   General. Flagpoles are a permitted accessory use to all principal uses in all zoning districts.
      2.   Maximum Height. Flagpoles shall not exceed the maximum building height (principal building) of the underlying zoning district.
      3.   Location. Flagpoles must be set back from lot lines a minimum distance equal to the height of the pole and sited so the flag will not extend beyond any lot line.
   (M)   Garage Sales
      1.   General. Garage sales are a permitted accessory use to detached houses, duplexes, and townhouses.
      2.   Frequency and Duration. Garage sales shall be conducted not more than two times in any calendar year and for not more than three consecutive days.
   (N)   Home occupations
      1.   General. Home occupations are a permitted accessory use to an allowed household living use.
      2.   The Zoning Administrator is authorized to deny or prohibit the establishment of a home occupation if the Zoning Administrator determines that the home occupation does not meet the applicable regulations of this chapter. This decision may be appealed in accordance with Chapter 17 of this Zoning Ordinance.
      3.   Operator
         (a)   The operator(s) of the home occupation shall make the dwelling unit within which the home occupation is conducted his/her legal and primary place of residence.
         (b)   One person at a time who is not a resident of the dwelling may be permitted to assist in any and all home occupations.
         (c)   Day care homes are not regulated as home occupations and are exempt from the home occupation regulations of this chapter. Day care homes are allowed as indicated in Chapter 7 of this Zoning Ordinance.
      4.   Operation and Appearance
         (a)   The home occupation will be considered to be subordinate and incidental if it occupies thirty five percent (35%) or less of the gross square footage of all floors of the house, including the basement and any garage located upon the same lot.
         (b)   The home occupation may be conducted anywhere within the house, including the basement, and within a garage located upon the same lot as a residence from which a home occupation is conducted in any accessory building upon the property.
         (c)   Outdoor storage related to the operation of a home occupation, including vehicles associated with the operation of a livery service operating from the residence, is prohibited.
         (d)   The home occupation shall not require internal or external alterations or construction features not customary in residential areas.
         (e)   No home occupation shall be operated in such a manner as to cause a nuisance or be in violation of any applicable statute, ordinance or regulation.
         (f)   The home occupation shall be conducted in a manner which would not cause the premises to differ from its residential character either by use of colors, materials, lighting or the emission of sounds, noises, vibrations, smoke, dust, odors, heat, or electrical interference.
         (g)   Vehicle Traffic and Parking
            (1)   Deliveries or pick-ups of supplies or products associated with home occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited to U.S. postal carrier, parcel service or passenger vehicle. Deliveries by semi tractor-trailers are prohibited.
            (2)   No home occupation shall cause an increase in traffic or parking congestion in excess of those which normally occur in that residential neighborhood.
         (h)   Any home occupation required to be licensed by the State or any other governmental body shall not be permitted until and unless a current license from such body is obtained.
         (i)   If there is more than one home occupation within the dwelling, the regulations of this section apply to the sum total of the activity related to such home occupations.
         (j)   Prohibited Uses. The following uses, as defined in Chapter 7 of this Zoning Ordinance, are expressly prohibited as home occupations:
            (1)   Animal Services;
            (2)   Assembly and Entertainment;
            (3)   Body Art Services;
            (4)   Drinking establishments;
            (5)   Eating establishments;
            (6)   Fortune Telling and Psychic Services;
            (7)   Funeral or Mortuary Services;
            (8)   Industrial Uses, except artisan;
            (9)   Lodging;
            (10)   Medical services;
            (11)   Motor Vehicles Sales or Services;
            (12)   Personal Credit Establishments;
            (13)   Personal Improvement Services, except barbers, hair and nail salons with not more than one station;
            (14)   Public, Civic, and Institutional Uses;
            (15)   Retail, except for items produced on premises;
            (16)   Sexually Oriented Businesses;
            (17)   Small Engine Repair or Maintenance Services; and
            (18)   Sports and Recreation;
   (O)   Mobile Storage Containers
Mobile storage containers are expressly prohibited within the Village unless approved in accordance with the temporary use procedures located in Chapter 9 of this Zoning Ordinance.
   (P)   Ornamental Objects
This term specifically includes, but is not limited to, fountains, sculptures, landscape planters, and street lamp posts. The Zoning Administrator is authorized to determine what constitutes an ornamental object in accordance with Section 5-8-1 of this Chapter.
      1.   General. Ornamental objects are a permitted accessory use to all principal uses in all zoning districts.
      2.   Location. Ornamental objects are a permitted encroachment in all required setbacks.
   (Q)   Outdoor Retail Display
Outdoor retail display regulations apply to items that are displayed outside of an enclosed building when the items are accessible to the general public for incidental retail purposes.
      1.   General. Outdoor retail display is a permitted accessory use to all principal retail uses in the B-1, B-2, B-3A, B-3B, and I zoning district, unless otherwise specified in Chapter 7.  
      2.   Location. Outdoor retail display is a permitted encroachment in the required front street setback and side street setback.
      3.   Outdoor retail display within the public right-of-way is subject to compliance with the right-of-way encroachment provisions of the Lisle Village Code.
      4.   Prohibited Locations
         (a)   In any parking space, drive aisle, or fire lane. Light Motor Vehicle Sales may display vehicles in parking spaces if the display vehicles do not reduce the number of parking spaces required by the schedule of off street parking requirements.
   5.   Size Restriction
      (a)   Area. The outdoor retail display area shall not exceed 15% of the principal use floor area, except for Light Motor Vehicle sales display.
         (b)   Height. Items attached to a building wall surface or stacked shall not exceed eight feet in height.
   (R)   Outdoor Seating
      1.   General. The Zoning Administrator is authorized to determine which principal uses outdoor seating is accessory to in accordance with Section 5-8-1 of this Chapter.
      2.   Location
         (a)   Tables, chairs, and umbrellas are a permitted encroachment in all required setbacks. All other buildings or structures that facilitate the outdoor seating use shall comply with the applicable regulations of the zoning ordinance.
         (b)   Outdoor seating within the public right-of-way is subject to compliance with the right-of-way encroachment provisions of the Lisle Village Code.
         (c)   Seasonal outdoor seating that will reduce available parking is subject to the temporary use permit requirements in Chapter 9 of this Zoning Ordinance.
   (S)   Outdoor Storage
Outdoor storage regulations apply to items stored outside of an enclosed building when the items are not accessible to the general public for retail purposes. Vehicles weighing 8,000 pounds or less that are operable and licensed are not are classified as outdoor storage.
      1.   General. Outdoor storage may be allowed only in the I-1 zoning district if reviewed and approved in accordance with the special use permit procedures in Chapter 17.
         (a)   A special use permit for accessory outdoor storage is not required if the principal use that the outdoor storage is accessory to is a special use.
      2.   Prohibited Locations
         (a)   In any front street yard, side street yard, or side yard;
         (b)   In any parking space, drive aisle, or fire lane;
      3.   Permitted Encroachment. Outdoor storage is permitted to encroach in the rear yard setback if not abutting a residential use.
      4.   Screening. Outdoor storage shall be screened by a solid wall or fence in accordance with Chapter 15 of this Zoning Ordinance.
   (T)   Patios
      1.   General. Patios are a permitted accessory use in all zoning districts to all principal uses.
      2.   Location
         (a)   Patios shall be setback a minimum of five feet from all lot lines.
   (U)   Playground Equipment and Play Houses
      1.   General. Playground equipment and play houses are a permitted accessory use to household living uses and other uses approved by the Zoning Administrator in accordance with Section 5-8-1 of this Chapter.
      2.   Location
         (a)   Playground equipment and play houses are prohibited in the front street and side street yard.
         (b)   Playground equipment and play houses are a permitted encroachment in required side and rear setbacks.
   (V)   Public Book Exchanges
Public book exchange improve access to books, spark creativity and foster a sense of community.
      1.   General. Public book exchanges are a permitted accessory use in all zoning districts and to all principal uses.
      2.   Location. Public book exchange are allowed as a permitted encroachment in the required front street and side street setbacks in all zoning districts.
      3.   Number Allowed. Only one public book exchange is permitted per lot.
      4.   Size Restriction. A public book exchange shall not exceed 5 feet in height or 4 square feet.
      5.   Location Restriction. A public book exchange is prohibited in the following locations:
         (a)   In any parking space, parking lot, or drive aisle;
      6.   A public book exchange shall not:
         (a)   Obstruct vehicular, pedestrian or bicycle traffic;
         (b)   Reduce any sidewalk or paved surface spaces designed for the passage of pedestrians.
   (W)   Rain Barrels
      1.   General. Rain barrels are a permitted accessory use to all principal uses in all zoning districts.
      2.   Location. Rain barrels are a permitted encroachment in all setbacks.
      3.   Design Requirements
         (a)   Rain barrels shall be designed to discharge in accordance with Title 12 of the Lisle Village Code.
         (b)   Rain barrels shall not obstruct the natural flow of water from adjacent lots or alter the natural flow of water onto adjacent lots.
         (c)   The barrel must have a lid and a sturdy fine mesh covering all openings to prevent mosquitoes.
   (X)   Rain Gardens
      1.   General. Rain gardens are a permitted accessory use to all principal uses in all zoning districts.
      2.   Location. Rain gardens are a permitted encroachment in all setbacks.
   (Y)   Retail Sales Kiosks, Vending Machines, and Automatic Teller Machines
      1.   General. Retail sales kiosks, vending machines, and automatic teller machines are allowed only if located entirely within an enclosed building or underneath a weather-protected canopy connected to the principal building.
      2.   Location. Retail sales kiosks, vending machines, and automatic teller machines are a permitted encroachment in all setbacks.
   (Z)   Satellite Dishes
      1.   General
         (a)   Satellite dish antennas up to 40 inches in diameter are a permitted accessory use to all principal uses in all zoning districts.
         (b)   Satellite dish antennas over 40 inches in diameter are a permitted accessory use to all principal uses in all nonresidential zoning districts.
   (AA)   Small Wind Energy Systems
      1.   General
         (a)   A small wind energy systems with a nameplate capacity of less than 100 kilowatts are a permitted accessory use in any nonresidential zoning district.
         (b)   A rooftop mounted small wind energy systems with a nameplate capacity of less than 50 kilowatts are a permitted special use in any residential zoning district.
            (1)   Ground mounted small wind energy systems are prohibited in residential zoning districts.
      2.   Regulations. All small wind energy systems are subject to the following regulations:
         (a)   No more than one small wind energy system is permitted per lot.
         (b)   All freestanding small wind energy systems must be set back from all property lines a distance equivalent to at least 110% of the total system height.
         (c)   The blade tip of any rotor must, at its lowest point, have ground clearance of at least 15 feet.
         (d)   All climbing apparatus must be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet from the top of foundation.
         (e)   Tower structure lighting is prohibited unless required by the Federal Aviation Administration or appropriate authority.
         (f)   Noise levels must comply with the Illinois Pollution Control Board regulations. Proof of compliance must be submitted as part of the application process.
         (g)   Any small wind energy system that is not operated for a continuous period of 12 months or more will be considered abandoned, and the owners of such system must remove all structures within 90 days of receiving notice from the Village. If such facility is not removed within 90 days, the Village may remove all structures at the owner’s expense.
   (BB)   Solar Energy Systems
      1.   Building-Mounted Solar Energy Systems
         (a)   Building-mounted solar energy systems are a permitted accessory use in all zoning districts.
         (b)   Building-mounted solar energy systems may be mounted on principal or accessory buildings.
         (c)   Only building-integrated or flush-mounted solar energy systems may be installed on street-facing building elevations.
         (d)   Solar energy systems shall not extend more than 3 feet above the maximum building height of the underlying zoning district or more than 5 feet above the highest point of the roofline, whichever is less.
      2.   Ground-Mounted Solar Energy Systems
         (a)   Ground-mounted solar energy systems are a permitted accessory use in all nonresidential zoning districts.
         (b)   In nonresidential zoning districts, ground-mounted solar energy systems shall not be located the front street and side street yard.
   (CC)   Swimming Pools and Spas
      1.   General. Accessory swimming pools and spas are allowed as an accessory use to household living uses and other uses approved by the Zoning Administrator.
      2.   Location.
         (a)   Swimming pools and spas are prohibited in the front street and side street yard in the R-1, R-1A, R-2, and R-3 zoning districts.
         (b)   Swimming pools and spas shall be setback a minimum of 10 feet from all lot lines.
            (1)   Exception. Rooftop accessory swimming pools and spas.
   (DD)   Wheel Chair Lifts or Ramps
      1.   General. Wheel chair lifts or ramps are a permitted accessory use in all zoning districts and to all principal uses.
      2.   Location. Wheel chair lifts or ramps are exempt from all lot and building standards of this Zoning Ordinance. (Ord. 2021-4931, 11-15-2021; amd. Ord. 2022-4972, 8-1-2022; Ord. 2023-5042, 12-18-2023)