For the purpose of this zoning code, the city is hereby organized into fourteen (14) districts. The zoning district and the minimum area that may constitute a separate or detached part of a zoning district shall be as follows:

(A)

ER-1 Estate Residential, forty thousand (40,000) square feet.

(B)

ER-2 Estate Residential, five (5) acres.

(C)

R-1 Single-Family district, five (5) acres.

(D)

R-2 Single-Family district, five (5) acres.

(E)

R-3 Single-Family district, five (5) acres.

(F)

R-4 Single-Family district, five (5) acres.

(G)

R-5 Single-Family district, five (5) acres, must be adjacent to an existing R-5 Single-Family district.

(H)

R-6 Multiple-Family district, two (2) acres.

(I)

B-1 Central Business district, must be adjacent to Central Business District.

(J)

B-2 Commercial/Business district, one (1) acre.

(K)

B-3 Regional Commercial district, five (5) acres.

(L)

Airport district, one thousand two hundred (1,200) acres.

(M)

Manufacturing, ten (10) acres.

(N)

Office, Research and Light Industrial district, five (5) acres.

(Ord. No. 2733, § 3, 4-4-94; Ord. No. 4123, § 1, 9-22-98; Ord. No. 05-O-0078, § 2, 10-17-2005)

The boundaries of the zoning districts as designated are hereby established as shown on the maps entitled "Official Zoning Map of West Chicago, Illinois," which maps accompany and are a part [of] this zoning code and shall have the same force and effect as the Official Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein.

When uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules shall apply:

(A)

District boundary lines are either the centerlines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended, unless otherwise indicated.

(B)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the Official Zoning Map measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the section, quarter section or division lines, or the map centerlines of streets, highways or railroad rights-of-way unless otherwise indicated.

(C)

Where a lot held in one (1) ownership and of record on the effective date of this section is divided by a district boundary line, the entire lot shall be construed to be within the more restricted district.

All streets, alleys, and public rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, and public rights-of-way. Where the centerline of a street, alley, or public right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 16-O-0048, § 1, 12-19-2016)

Any land whose classification is not shown on the official zoning map and land hereafter annexed to the city shall be automatically classified in the ER-1, Estate Residential District until differently classified by amendment. Streets, alleys and public rights-of-way shall comply with subsection 6.4, unless designated otherwise by ordinance.

(Ord. No. 3040, § 1, 9-16-96; Ord. No. 16-O-0048, § 1, 12-19-2016)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with the provisions of this ordinance. Similarly, no lot or part thereof shall be used, occupied or developed except in conformity with the provisions of this ordinance.

Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the zoning administrator finds that the unlisted use is similar to and compatible with the listed uses, the administrator may allow such use. If the petitioner does not agree with the decision of the zoning administrator, an appeal of that decision may be made to the zoning board of appeals.

The zoning administrator shall have the power to grant permits authorizing temporary land uses.

(A)

An applicant shall provide evidence, such as a site plan, substantiating the following:

1.

The requested use will not have a detrimental effect on adjacent properties and will be in general harmony with surrounding uses.

2.

That the requested use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.

(B)

The following temporary uses may be permitted within the stated limitations:

1—5.

Reserved.

6.

Seasonal outside sales. On the property and part of a grocery store or home improvement store. Such use shall be ancillary to the existing business on the property and shall only include merchandise customarily sold by the business. Hazardous/noxious substances shall not be permitted as part of seasonal outside sales. Mobile outside vendors shall not be permitted as part of temporary outside sales. Such use shall last no less than fourteen (14) consecutive days nor more than four (4) months in any twelve-month period. Such display area shall be on a paved surface but shall not utilize any parking spaces required by Article XIII or disrupt the flow of vehicular or pedestrian traffic. The display area shall be set back a minimum of twenty-five (25) feet from any property line. All signage shall be confined indoors unless approved by a temporary sign permit.

7.

Sidewalk sales in commercial districts. Such sales shall be permitted four (4) times per calendar year for a maximum of three (3) days at a time. The materials shall be arranged so that a minimum of four (4) feet of sidewalk clearance is preserved.

8.

Christmas tree sales. In commercial and industrial districts only. Such sales may last up to thirty (30) days. If displayed on a sidewalk, trees shall be arranged so that a minimum of a four-foot wide walkway is preserved. Such display area shall not exceed eight thousand (8,000) square feet, shall be set back five (5) feet from any property line, shall not be located within a visibility triangle, and shall not interfere with vehicular traffic.

9.

Portable on demand storage containers may be placed on a paved surface on private property not more than four (4) times, for a total of thirty (30) days in any one (1) calendar year.

10.

Occasional use of travel trailers, camping trailers, truck campers and similar vehicles for not more than seven (7) days out of a thirty (30) day period twice per year as sleeping quarters shall be permitted. No connections or use for living quarters will be allowed, listed as follows: connections to sewer, connection to water other than for filling or maintenance of equipment, cooking with equipment.

11.

Trailers used as construction offices or construction storage shall be permitted on a construction site during the period in which the building and/or subdivision is under construction. Upon issuance of the final occupancy permit for a single building project or the occupancy permit for the final building in a subdivision, all construction trailers shall be removed.

12.

Garage or yard sales shall be allowed three (3) times per calendar year for a maximum of three (3) days at a time and shall not require a temporary use permit.

(Ord. No. 01-O-0118, § 3, 1-7-2002; Ord. No. 02-O-0084, § 13, 6-17-2002; Ord. No. 03-O-0040, § 3, 6-16-2003; Ord. No. 04-O-0045, § 1, 5-17-2004; Ord. No. 08-O-0010, §§ 3, 4, 2-18-2008; Ord. No. 10-O-0062, § 1, 7-19-2010)

Except as specifically provided elsewhere in this ordinance, every lot must meet the minimum dimensions and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot:

A plat of consolidation meeting the requirements of the subdivision ordinance will be required for all applications involving more than one (1) parcel of property.

No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street that conforms to the standards set forth in the Land Subdivision Control Ordinance of this municipality. The permanent easement of access must have been of record prior to adoption of this ordinance.

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located, excluding R-5, on every side having frontage.

(Ord. No. 03-O-0040, § 4, 6-16-2003)

Except as specifically provided otherwise, in all residential zoning districts and in the B-2 business district and B-3 regional commercial district, where lots having fifty (50) percent or more of the frontage on one (1) side of a street between intersections (that is, in one (1) block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setbacks on that block shall be on the average of the existing front setbacks; provided, however, that in any built-up area, no front setback less than fifteen (15) feet shall be permitted nor shall any front setback greater than fifty (50) feet be required.

To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements.

(Ord. No. 2733, § 4, 4-4-94; Ord. No. 01-O-0091, § 1, 8-20-2001; Ord. No. 04-O-0074, § 3, 7-19-2004)

Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality.

Airport hazard areas. Notwithstanding any other provision of this ordinance, all structures erected within any airport hazard area, as defined by state law, shall conform to the location, height and identification requirements imposed by the Illinois Department of Aeronautics pursuant to "An Act Relating to Airport Zoning" (Illinois Revised Statutes, Chapter 15½, Sections 48-1—48.37) and "An Act in Relation to Zoning to Eliminate Airport Hazards" (Illinois Revised Statutes, Chapter 15½, Sections 48.101—48.112).

Windmills. Noncommercial windmills used to generate electricity for individual private residences may exceed the height limitations of the residential zoning district. Incidental sale of surplus energy to a public utility shall be permitted.

(Ord. No. 05-O-0078, § 3, 10-17-2005)

In all districts, property owners of all buildings and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with city requirements. The administrator shall not issue any certificate of zoning compliance unless, following consultation with the municipal engineer, he is satisfied that this requirement is met.

(A)

"Accessory use" includes patios/decks (whether attached to or detached from the principal structure), sheds, and gazebos and is any building, structure or use that is:

(1)

Subordinate in size and purpose to the principal structure or use that it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served;

(3)

Located on the same lot as the principal structure or use served.

(B)

If an accessory use (other than a patio/deck) is directly attached to the principal structure, it shall be considered part of such principal structure.

(C)

Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:

(1)

Accessory to a principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a special use permit has been granted; and

(2)

In compliance with the restrictions set forth in this ordinance and shall not exceed fifteen (15) feet, six (6) inches in height.

(3)

For single-family residences: total allowable square footage for sheds and detached garages on a zoning lot shall not exceed seven hundred sixty-eight (768) square feet.

(D)

Patios:

(1)

Shall not be located within twenty (20) feet of the front lot line or corner side lot line.

(2)

Shall not be located within ten (10) feet of the rear lot line.

(3)

Shall not be located within a required interior side yard.

(4)

Shall be counted towards the lot coverage limitations for the zoning district in which they are located.

(5)

Shall comply with the above requirements when constructed accessory to a swimming pool.

(6)

Shall not be used as a parking space.

(E)

Decks:

(1)

Shall not be located within ten (10) feet of the rear lot line.

(2)

Shall not be located within a required interior side yard, an actual corner-side yard, or an actual front yard.

(3)

Shall be counted towards the lot coverage limitations for the zoning district in which they are located.

(4)

Shall comply with the above requirements when constructed accessory to a swimming pool.

(Ord. No. 04-O-0074, § 4, 7-19-2004; Ord. No. 05-O-0067, § 18, 9-19-2005; Ord. No. 08-O-0010, §§ 5—7, 2-18-2008)

Editor's note— Ord. No. 08-O-0010, § 5, amended the title of this section. Section 6.17 was formerly entitled, "Accessory uses."

Editor's note— Ord. No. 04-O-0074, § 5, adopted July 19, 2004, repealed § 6.18, which pertained to permitted accessory uses and derived from Ord. No.01-O-0091, § 2, adopted Aug. 20, 2001.

(A)

Detached private garages in residential districts shall be permitted in accordance with the following limitations:

(1)

A maximum height not to exceed fifteen (15) feet, six (6) inches.

(2)

For single-family residential zoning districts: No more than one (1) detached garage per lot with a maximum size of seven hundred sixty-eight (768) square feet. The total square footage of all accessory structures under roof including, but not limited to, sheds and garages shall not exceed seven hundred sixty-eight (768) square feet per lot.

(3)

For multiple-family residential zoning district: A maximum size of five hundred fifty (550) square feet of garage space per dwelling unit.

(B)

Detached private garages in commercial and industrial districts shall be permitted in accordance with the following limitations:

(1)

A maximum height not to exceed fifteen (15) feet, six (6) inches.

(2)

A maximum size of ten (10) percent of the building square footage, not to exceed two thousand (2,000) square feet.

(3)

Shall comply with all setback requirements of the zoning district.

(Ord. No. 01-O-0091, § 3, 8-20-2001; Ord. No. 02-O-0084, § 3, 6-17-2002)

(A)

Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, open space or minimum lot area requirement for any other building.

(B)

Division of zoning lots. No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division conform with all the applicable bulk regulations of the zoning district in which the property is located.

(C)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(D)

Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this section, shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this zoning code for equivalent new construction.

An area indicated as public park, recreational area, public school site, cemetery or other similar open space may not be used for any other purpose than that designated, and when the use of the area is discontinued, it shall automatically be zoned the most restricted adjoining district until appropriate zoning is authorized by the city council.

Where an existing use is classified as a special use at the effective date of this ordinance, it shall be considered a legal special use, without further action of the city council, the administrator and the plan commission.

Editor's note— Section 5 of Ord. No. 2962, adopted Dec. 18, 1995, repealed § 6.23. Formerly said section pertained to authorized variations, subdivision regulations, and derived, unamended, from § 1 of Ord. No. 2010, adopted Oct. 19, 1992.

Editor's note— Section 2 of Ord. No. 01-O-0118, adopted Jan. 7, 2002, deleted § 6.24. Formerly said section pertained to primary thoroughfare setbacks and derived from Ord. No. 2733, § 5, adopted Apr. 4, 1994.

All refuse generated by uses located within any zoning district, excluding all single family residential dwellings and multi-family residential dwellings with fewer than four (4) total dwelling units, shall be stored in approved refuse containers that are visually screened on all sides with a solid screen fence. All multi-family residential dwellings utilizing a refuse container greater than one (1) cubic yard in volume shall visually screen the container on all sides by a solid screen fence.

(Ord. No. 01-O-0118, § 4, 1-7-2002; Ord. No. 02-O-0084, § 14, 6-17-2002; Ord. No. 12-O-0008, § 5, 4-16-2012)

Only one (1) principal structure may be erected on any one (1) lot.

(Ord. No. 01-O-0118, § 4, 1-7-2002; Ord. No. 02-O-0084, § 14, 6-17-2002)

(A)

Permanently enclosed outside sales. Home improvement and grocery stores are allowed an enclosed and unroofed area attached to the store for permanent display of landscaping materials, etc. Such area shall comply with all building setbacks and shall be enclosed by a fence of a height not exceeding twenty-five (25) feet. Materials stored within the outside sales area shall not be stacked higher than the screening fence.

(B)

Mobile outside vendors. Any person selling or offering for sale merchandise or services from a vehicle or otherwise, upon private property. Such activity shall be permitted in the M district only. Mobile outside vendors shall include pushcart vendors and mobile food wagons. Such uses shall be permitted if they serve only the business on the property; those offering goods for sale to the general public are prohibited.

(C)

Not-for-profit mobile food vehicles. Mobile food vehicles operated by a not-for-profit charitable organization or religious institution for the sole purpose of providing essential food items to individuals as part of the purpose or mission of said not-for-profit charitable organization or religious institution shall be permitted in every zoning district. Prior to commencement of operations of the mobile food vehicle, the charitable organization or religious institution shall submit to the City a current certificate from the Illinois Secretary of State indicating the organization or institution complies with the provisions of the General Not-For-Profit Corporation Act. Documentation indicating that providing essential food products to individuals is consistent with the purpose or mission of the organization or institution shall also be submitted to the City.

(D)

Fund-raising. Organizations may conduct fund-raising activities on private property with the permission of both the business owner and property owner on whose lot the activity is to take place. Such activities shall last no longer than seventy-two (72) continuous hours.

(E)

Sidewalk display. Home improvement and grocery stores of twenty thousand (20,000) square feet or larger may place items for sale on the front sidewalk. Such display may be permanent. However, the materials shall be arranged so that a minimum of a four-foot wide walkway is preserved; pedestrian and vehicle traffic shall not be hindered in any manner. The area utilized for such display shall not be wider than fifty (50) percent of the width of the building front. Signage shall be debited from the business's overall allowable wall signage.

(F)

Automobile service station display. Gas stations may continuously display merchandise outside of the building, provided such display area is located along the building front or within a row of pumps. Items placed along the building front shall be stacked below the window, and items placed within a row of pumps shall be stacked no higher than six (6) feet. Such display shall not interfere with vehicle traffic. Signage shall be debited from the business's overall allowable wall signage.

(G)

Vending machines, walk-up. Properties, except for those used as single-family detached residential, may contain vending machines that dispense ice, non-alcoholic beverages, food, and non-tobacco merchandise. All vending machines shall serve pedestrians only and not motor vehicles. All vending machines shall be located on an approved hard surface but shall not be located within a parking stall, parking drive aisle, fire lane, or other paved area used for vehicular traffic. If located on a private sidewalk, vending machines shall provide a minimum five feet of clearance for pedestrians. Vending machines shall not block any building entrance/exit and shall not cover any portion of any window on a building. Signage contained on a vending machine shall not be debited against a property's overall allowable wall signage.

(Ord. No. 03-O-0040, § 5, 6-16-2003; Ord. No. 21-O-0018, § 1, 7-19-2021; Ord. No. 23-O-0038, § 1, 10-16-2023)

(A)

A short-term home rental shall be the owner-occupied dwelling where the short-term home rental owner has the deed to the property and where the short-term home rental owner resides at least one hundred eighty-three (183) days every calendar year.

(B)

A short-term home rental owner may not have more than one (1) short-term home rental within the corporate limits of the City of West Chicago.

(C)

A short-term home rental owner shall use a short-term home rental hosting platform to market and make the short-term home rental with the short-term home rental guest.

(D)

All short-term home rentals shall comply with the applicable life safety codes of the City of West Chicago. It will be the obligation of the short-term home rental owner to determine whether the property complies with the City's life safety codes prior to advertising the short-term home rental's availability on a short-term home rental hosting platform. It shall be the responsibility of the short-term home rental owner to ensure the following items are complied with:

a.

A smoke detector shall be installed on every level of the home and outside each sleeping area and shall be tested once a month. Batteries in said smoke detector shall be replaced at least once a year, if the model requires it.

b.

A carbon monoxide detector shall be installed in the hallway of the home near the sleeping areas.

c.

All appliances in the short-term home rental have been installed according to the manufacturer's instructions and building codes.

d.

Heating systems, including chimneys and vents, shall be inspected and serviced annually by a trained professional annually to check for blockages, corrosion, partial and complete disconnections.

e.

Establish an emergency plan for the short-term home rental that is accessible to all guests. Such plan should include two (2) egress routes in every room as well as the contact information for the City emergency services. The plan should also include a meeting spot at a safe distance from the short-term home rental for guests to meet in the event of an emergency evacuation.

(E)

The minimum rental period for a short-term home rental shall be no less than two (2) consecutive nights when the short-term home rental contract specifies that the entire dwelling may be rented. Prima facie evidence that a rental satisfies the two-night minimum requirement shall be the per-night rental amount listed on the short-term rental hosting platform, multiplied by two (2). Short-term home rentals shall not be discounted to avoid the two-night minimum requirement. There shall be no minimum rental period for a short-term home rental when the short-term home rental contract includes the rental of one (1) bedroom in the dwelling and the short-term home rental owner is on the premises during the rental period. No short-term home rental may be used by a short-term home rental guest for more than thirty (30) consecutive days. Rentals longer than thirty (30) days shall require the submission of an application for a residential rental property license. A short-term home rental shall not be used by the same short-term home rental guest consecutively.

(F)

Prior to advertising the short-term home rental on a short-term home rental hosting platform, the short-term home rental owner shall obtain a short-term home rental license from the City of West Chicago. A short-term home rental owner shall submit an application for a short-term home rental license on a form prepared by and available from the zoning administrator. The application shall require the identity of the short-term home rental owner including permanent address, telephone number, a secondary emergency contact person's name, address and telephone number, and the identity of and contact information for the short-term home rental hosting platform to be utilized.

(G)

The short-term home rental license shall remain effective for a period of twelve (12) months and be subject to twelve (12) month renewals thereafter. Short-term home rental licenses shall not run with the land and are not transferrable.

(H)

A copy of the short-term home rental license shall be posted in a conspicuous location in the short-term home rental.

(I)

Each initial short-term home rental license and renewal thereof shall be subject to the applicable fees specified in the fee schedule contained in Appendix G of the West Chicago Municipal Code.

(J)

Short-term home rentals shall be permitted in all residential zoning districts when located in a single-family detached dwelling. Short-term home rentals shall require a special use permit when located in a single-family attached dwelling, such as a townhome, or in a two-family dwelling unit. Short-term home rentals are prohibited in condominium units and apartment units.

(K)

Each short-term home rental shall contain bedrooms, as defined by Section 7-26 of Chapter 7 of the West Chicago Code of Ordinances, to accommodate the overnight stay of each short-term home rental guest. Short-term home rentals shall allow a maximum occupancy of two (2) persons per bedroom, but in no event shall there be more than ten (10) persons at any one (1) time within the short-term home rental dwelling.

(L)

Utilizing a short-term home rental solely for the purpose of hosting a party is prohibited.

(M)

All short-term home rentals shall be subject to a short-term home rental contract identifying the names, addresses, and telephone numbers of the short-term home rental owner, the name and phone number of the short-term home rental guest, and the short-term home rental hosting platform. the short-term home rental owner or the short-term home rental hosting platform shall be responsible for determining the identification information, and the accuracy of that information, of the short-term home rental guest. The short-term home rental contract shall require that the short-term home rental guest include a copy of their drivers' licenses, exclusive of the drivers' license numbers, which may be redacted, or other state issued I.D.

(N)

The short-term home rental owner shall provide a copy of the short-term home rental contract to the City of West Chicago if requested by a representative of the West Chicago Police Department, based upon a disturbance complaint or other complaint of criminal activity occurring at the short-term home rental property during the term of the short-term home rental contract.

(O)

The short-term home rental contract shall require that all parking for the short-term home rental be contained on a paved surfaced, entirely on the property of the short-term home rental. No off-site nor on-street parking shall be permitted overnight.

(Ord. No. 21-O-0002, § 2, 3-15-2021; Ord. No. 21-O-0019, § 1, 8-16-2021)

Donation collection bins shall be permitted on all property used as commercial, industrial, institutional, or residential apartments, subject to the following conditions:

(1)

No more than one (1) donation collection bin shall be placed on a property.

(2)

A donation collection bin shall neither interfere with vehicular or pedestrian traffic and shall not occupy any required parking stall, nor shall it be placed in a required emergency vehicular lane.

(3)

The area around the donation collection bin shall be kept in a clean and well-maintained manner at all times. No donations shall be placed outside the donation collection bin and the owner or tenant of the property shall regularly verify that no donations or refuse have accumulated outside the donation collection bin.

(Ord. No. 25-O-0003, § 2, 1-20-2025)