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File #: DC-O-0048-25    Version: 1
Type: Development Ordinance Status: Approved at Committee
File created: 10/3/2025 In control: Development Committee
On agenda: 10/7/2025 Final action:
Title: Zoning Petition T-5-25 Text Amendment (Waive First Reading)
Attachments: 1. T-5-25 TEXT AMENDMENT CTY BD FLYER (10-14-25)_Redacted

 

title

Zoning Petition T-5-25 Text Amendment

(Waive First Reading)

resolution

 

 

WHEREAS, a public hearing was held on September 10, 2025, in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals and notice of said hearing was duly given; and

 

WHEREAS, a petition was presented at this hearing requesting the following text amendment:

 

T-5-25 proposed Text Amendments to the DuPage County Zoning Ordinance relative to short term rentals of a residential dwelling unit, to align the Zoning Ordinance with current initiative for housing solutions and to amend Lot Requirements (minimum size and width) in the R-3 and R-4 Residential Zoning Districts.

 

                     WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested text amendment presented at the above hearing and at the recommendation meeting held on October 2, 2025 does find as follows:

 

FINDINGS OF FACT:

1.                     That the Zoning Board of Appeals finds that over the past several months, County Board members have asked staff to research various housing topics relevant to their constituents. In response, staff has completed the research and developed the proposed text amendment to the DuPage County Zoning Ordinance regarding short term rentals of a residential dwelling unit and to amend Lot Requirements for minimum lot size and width in the R-3 and R-4 Residential Zoning Districts.

 

2.                     That the Zoning Board of Appeals finds that on July 1, 2025, the Development Committee voted to direct staff to present the proposed text amendment for consideration at a public hearing before the Zoning Board of Appeals.

 

3.                     That the Zoning Board of Appeals finds that Text Amendment T-5-25 was presented during a public hearing held on September 10, 2025, before the Zoning Board of Appeals. The proposed text amendment, which pertains to short term rentals of a residential dwelling unit, and amending Lot Requirements for minimum lot size and lot width in the R-3 and R-4 Residential Zoning Districts, are vital to the County’s current housing solutions initiative. These amendments are aligned with the County’s broader goals of protecting and enhancing the health, welfare, and safety of its residents, while protecting and enhancing the health, welfare, and safety of its residents while addressing the evolving housing needs of the community.

 

 

                     WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on October 2, 2025, recommends to approve the following text amendment:

 

T-5-25 proposed Text Amendments to the DuPage County Zoning Ordinance relative to short term rentals of a residential dwelling unit, to align the Zoning Ordinance with current initiative for housing solutions and to amend Lot Requirements (minimum size and width) in the R-3 and R-4 Residential Zoning Districts.

 

ZBA VOTE (to Approve):  6 Ayes, 0 Nays, 0 Absent

 

                     WHEREAS, the County Board Development Committee on October 7, 2025, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following text amendment:

 

T-5-25 proposed Text Amendments to the DuPage County Zoning Ordinance relative to short term rentals of a residential dwelling unit, to align the Zoning Ordinance with current initiative for housing solutions and to amend Lot Requirements (minimum size and width) in the R-3 and R-4 Residential Zoning Districts.

 

Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent

 

NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following text amendment be granted:

 

T-5-25 proposed Text Amendments to the DuPage County Zoning Ordinance relative to short term rentals of a residential dwelling unit, to align the Zoning Ordinance with current initiative for housing solutions and to amend Lot Requirements (minimum size and width) in the R-3 and R-4 Residential Zoning Districts.

 

 

 

 

                     BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and

 

                     BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; and DuPage County Division of Transportation.

 

                                          

                                          Enacted and approved this 14th of October, 2025 at Wheaton, Illinois

                                                               

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK

 

 

 

 

 

 

 

 

 

 

 

 

****EXHIBIT A

 

D.  HOME OCCUPATION FOR SHORT TERM RENTAL OF DWELLING UNIT REQUIREMENTS: A home occupation for short-term rental of a dwelling unit shall be treated as an accessory use, shall be incidental and secondary to the principal use of the residence as a dwelling unit, and shall meet all of the following requirements herein:

 

1.                     It shall be unlawful for a short-term residential rental property owner to rent, lease or allow the occupancy of a dwelling unit for a home occupation for short term rental of a dwelling unit unless the short-term residential rental property owner obtains and maintains a valid home occupation for short term rental of a dwelling unit license from DuPage County.

 

2.                     In order for a dwelling unit to be operated as a home occupation for short term rental of a dwelling unit, the short-term residential rental property owner is required to obtain an annual license from DuPage County for the home occupation for the short-term rental of a dwelling.

 

a.                     The burden is upon each short-term residential rental property owner applicant to demonstrate the suitability and qualifications for the license of a property or dwelling unit to establish a short-term residential dwelling unit.

 

b.                     Each license for a short-term rental of a dwelling unit issued by DuPage County shall expire on (to be determined by County Board)of each year unless sooner revoked, as provided by law, with an annual fee of (to be determined at a later date) per license payable in full at the time the application and renewal is filed with DuPage County.

 

c.                     A short-term residential rental dwelling unit application shall list all requirements for each home occupation for short-term rental of a dwelling unit and is subject to the regulations herein.

 

d.                     A short-term residential rental dwelling unit shall be subject to inspection by DuPage County prior to the issuance of a license to ensure compliance with the DuPage County Building Code, DuPage County Health Department Code, DuPage County Countywide Stormwater & Floodplain Ordinance, DuPage County Zoning Ordinance or any other applicable ordinance or code promulgated by DuPage County or state or federal statute.

 

e.                     A short-term residential rental dwelling unit shall be operated in its entirety within the principal residence and only by the short-term residential rental property owner of the dwelling therein, with the following exception:

 

(1)                     An exception to the requirement above shall be the use of any existing outdoor recreational facilities and equipment on the property including swimming pool, playground equipment, patio, deck, and open space typically used for ordinary domestic purposes.

 

(2)                     The exception herein does not authorize any non-pre-existing temporary equipment to be brought on the property for outdoor recreational activity

 

f.                     A short-term residential rental dwelling unit shall not have any sleeping areas in an attached or detached accessory building or attached garage.

 

g.                     A short-term residential rental dwelling unit shall not contain a separate entrance from outside the building directly serving and only serving the area of the short-term rental of a dwelling unit.

 

h.                     Shall not display outside the building any evidence of the short-term rental of a dwelling unit, (other than an identification nameplate).

 

(1)                     Where a short-term residential rental dwelling unit displays (1) short term rental of a dwelling unit identification nameplate: The maximum area of such nameplate shall be no greater than two (2) square feet, and such nameplate shall be affixed flat against a wall or door or may extend up to eighteen inches (18″) from a wall provided safe access is available for patrons.

 

i.                     Shall not permit the occupancy of more than five (5) people who are unrelated by blood or marriage.

 

j.                     A short-term residential rental dwelling unit shall not utilize commercial or industrial equipment (including but not limited to mechanical or electrical equipment), other than the type ordinarily found in a residential dwelling unit.

 

k.                     A short-term residential rental dwelling unit shall not permit delivery of goods and services other than by private passenger vehicles, parcel service, or letter carrier.

 

l.                     A short-term residential rental dwelling unit shall not permit the outdoor parking of more than six (6) passenger vehicles simultaneously on the property for those who will occupy the short-term rental of a dwelling unit. All parking shall be located on a hard surface consisting of either asphaltic concrete, reinforced Portland cement concrete or brick paver or any combination thereof and shall otherwise fully comply with the DuPage County Code of Ordinances.

 

m.                     A short-term residential rental dwelling unit shall not produce noise, obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the structure.

 

n.                     A short-term residential rental dwelling unit shall allow no more than one (1) short term rental of a dwelling unit.

 

o.                     A short-term residential rental dwelling unit shall not permit the on-site storage and/or use of dangerous substances, including but not limited to fireworks.

 

3.                     Inspection of premises.

a.                     Authorized representatives of DuPage County shall inspect the premises of a licensed or required to be licensed short-term rental of a dwelling unit herein for the purpose of determining if the premises are in compliance with the regulations herein or of this chapter, or any provision of any other DuPage County code or any applicable state or federal statute

 

4.                     Revocation/suspension of license.

a.                     DuPage County may revoke or suspend any license for a short-term rental of a dwelling unit issued by DuPage County if it is determined the licensed establishment has violated any of the provisions of this chapter, or any provision of the DuPage County Code or Ordinances or any applicable state or federal statute.

 

b.                     Special Event. A short-term residential rental property owner is permitted to seek a Special Event permit per Section 37-408: - SPECIAL EVENTS AND TENTS of the DuPage County Code of Ordinances to allow exceptions to the regulations herein on a temporary basis.

 

***

 

 

 

Add to sections 37-701.1; 37-702.1; 37-703.1; 37-704.1; 37-705; 37-706.1; 37-707.1. permitted uses:

 

Home occupations, principal arterial office use, principal arterial conversion of a single dwelling into two (2) dwelling units, and home occupation for short-term rental of a dwelling unit per Section 37-418 herein.

 

***

Amend the tables in Sections 37-703.3 and 37-704.3: - LOT REQUIREMENTS: SIZE, WIDTH AND DEPTH.:

Single-Family Detached Dwellings served with septic and well: Minimum Lot Size: 40,000 sq. ft. 20,000 sq. ft.

Single-Family Detached Dwellings served with septic and well: Minimum Lot Width: Interior: 125’ 100’, Corner: 150’ 125’

Single-Family Detached Dwellings served with septic sewer and water

Remove the language within the Historic Lot of record containing a Single-Family Detached Dwelling.

 

37-703.4: - YARD, HEIGHT AND FLOOR AREA RATIO REQUIREMENTS

***                                                                                                                                                                                                                                                                                 

Use

Minimum Lot Size

Lot Width Interior

Lot Width Corner

Lot Depth

Single-Family Detached Dwellings served with septic and well

40,000 sq. ft.  20,000 sq. ft.

125′  100’

150’  125’

100′

Single-Family Detached Dwellings served with sewer and well

20,000 sq. ft.

100’

125’

100′

Single-Family Detached Dwellings served with septic  sewer and water

15,000 sq. ft.

100’

125’

100’

Reserve Lot exclusive of reserve strip

40,000 sq. ft.

125’

NA

100′

Reserve Strip

NA

20” wide access strip

NA

NA

Historic Lot of Record containing a Single-Family Detached Dwelling

NA

50’

NA

NA

 

 

 

 

 

Cemeteries

2 acres

125’

150’

100’

Planned Developments

NA

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

125’

150’

100’

Place of Assembly Use, 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

125’

150’

100’

All Other Permitted or Conditional Uses

40,000 sq. ft.

125’

150’

100’

 

 

37-704.4: - YARD, HEIGHT AND FLOOR AREA RATIO REQUIREMENTS

***                                                                                                                                                                                                                                                                                 

UseMinimum Lot SizeLot Width InteriorLot Width CornerLot Depth

 

 

 

 

Single-Family Detached Dwellings served with septic and well

40,000 sq. ft.  20,000 sq. ft.

125′  100’

150’  125’

100′

Single-Family Detached Dwellings served with sewer and well

20,000 sq. ft.

100’

125’

100′

Single-Family Detached Dwellings served with septic  sewer and water

10,000 sq. ft.

75’

125’

100’

Reserve Lot exclusive of reserve strip

40,000 sq. ft.

125’

NA

100′

Reserve Strip

NA

20” wide access strip

NA

NA

Historic Lot of Record containing a Single-Family Detached Dwelling

NA

50’

NA

NA

 

 

 

 

 

Cemeteries

2 acres

125’

150’

100’

Planned Developments

NA

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

125’

150’

100’

Place of Assembly Use, 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

125’

150’

100’

All Other Permitted or Conditional Uses

40,000 sq. ft.

125’

150’

100’

 

 

END