Downers Grove Zoning Ordinance: Districts, Permits, and Variances

The Downers Grove zoning ordinance is Chapter 28 of the Village Municipal Code, and it controls what can be built on any given parcel, how close to the lot lines, how tall, and what the property can be used for. Its authority comes from 65 ILCS 5/11-13-1, which gives Illinois municipalities the power to regulate building height, lot use, setbacks, and the location of residential, business, and industrial activity.¹ Whatever you are planning, the first move is to find out which district your lot sits in, because almost everything else flows from that.

Find Your Property’s Zoning First

The Village maintains an online tool called Parcel Navigator (PNav) that lets you enter an address or PIN and see your zoning classification along with other data layers.² Make sure the Zoning layer is turned on when you use it.³ A current Official Zoning Map is also available through the Community Development Department. The map is the legal document that controls; your district label on it is the key you’ll use for every other part of the ordinance.

What Your District Lets You Do

Every parcel in the village falls into one of three broad district categories: residential, business and employment, or special purpose.

Residential Districts

There are seven residential districts, scaled by density:⁴

R-1 (Single-Family 1): 20,000 square feet per unit
R-2 (Single-Family 2): 15,000 square feet per unit
R-3 (Single-Family 3): 10,500 square feet per unit
R-4 (Single-Family 4): 7,500 square feet per unit
R-5 (Two-Family): 7,500 square feet minimum lot, detached and two-unit houses
R-5A (Townhouse): 7,500 square feet minimum, attached houses
R-6 (Multi-Family): 7,500 square feet minimum lot, apartments and condos with as little as 1,000 square feet per unit

To figure out how many units a parcel allows, divide the lot area by the required area per unit and round down. A 22,000-square-foot R-6 parcel allows up to 22 apartment units; the same lot in R-1 allows exactly one house.⁴

Business, Employment, and Special Purpose Districts

Business and employment districts, governed by Article 3, handle commercial and industrial activity across the village.⁵ Article 4 then adds special purpose districts for areas that need different rules:

Downtown Business (DB): a compact, walkable mix of shopping, dining, entertainment, and residential uses in the village center
Downtown Transition (DT): a buffer between the DB district and nearby low-density residential areas, mapped only directly next to DB
Institutional and Public (INP-1 and INP-2): civic and institutional uses at neighborhood scale (INP-1) or campus scale (INP-2)
Planned Unit Development (PUD) Overlay: flexible development standards for projects that deliver public benefits justifying the flexibility

Allowed Uses

Within any district, individual activities are either permitted by right, permitted as a special use (requiring a public hearing and approval), or prohibited. The Village publishes Allowed Uses Table 5.1 that maps specific uses to specific districts.⁶ The same use can be by-right in one district, special-use in another, and prohibited in a third, so check Table 5.1 before you spend money on plans.

Bulk and Development Rules

Article 10 sets the physical standards that control how a building sits on a lot: front, side, and rear setbacks, maximum building height, lot coverage, and floor area ratio. The specific numbers vary by district, so an R-1 lot carries different setbacks and coverage limits than an R-6 lot. These standards exist to prevent overdevelopment and keep new construction roughly in scale with the surrounding neighborhood. Noncompliant plans get rejected in technical review, so builders and architects need to work the numbers in before applying for a permit. If a design cannot meet a particular standard, the options are to redesign or to pursue a variance.

Home Occupation Rules

Running a business from your home in a residential district is allowed, but Article 6 imposes strict conditions to protect the residential character of the neighborhood.⁵ The main limits:

Space: no more than 25% of the dwelling’s floor area or 400 square feet, whichever is less
Employees: only immediate family members living in the home
Location: all business activity inside the dwelling, not in a garage or accessory structure (though you can store equipment and materials in a garage)
Visibility: no visible evidence of the business from the street or neighboring lots, and no exterior changes that make the home look less residential
Signage: one small sign, complying with Article 9
Traffic: no more than three additional vehicles on the lot and adjoining street beyond normal residential use
Deliveries: no regular deliveries by commercial trucks with a Class C license or higher
Nuisances: no noise, vibration, fumes, odors, glare, or electrical interference detectable beyond your lot

Selling goods stored on-site and delivered to buyers is generally prohibited, though you can hold up to four garage sales a year lasting no more than four consecutive days each. A home business that cannot live inside these limits needs a commercial location instead.

Fence Rules

Any new or altered fence requires a permit from the Community Development Director, valid for six months.⁷ Height depends on location on the lot:

Front and corner yards: open-design fences only, maximum four feet. Chain-link is generally prohibited in these areas, with limited exceptions on corner lots where the side of the house faces a street.
Side and rear yards: up to six feet, including chain-link. If your residential lot abuts a nonresidential district, up to eight feet with a closed design.
Corner lots with three street frontages: six-foot fences allowed only in the two side-yard areas between the rear building line and the rear lot line; the four-foot limit applies everywhere else.

The chain-link prohibition in front yards catches homeowners off guard. Getting the permit before you build avoids an enforcement action and a possible order to tear the fence down.

If Your Property Predates Current Rules

If your property or building was legal before a zoning change made it noncompliant, it is “nonconforming” under Article 11 and can generally continue. The protection has limits, and they vary by what is nonconforming.

Nonconforming Uses

A nonconforming use loses its protected status if abandoned, which the ordinance presumes when the use stops for six continuous months or more.⁷ Periods of inactivity caused by natural disasters or accidental fires do not count. Once abandoned, any replacement use must comply with current zoning. Re-establishing the old use is possible through a zoning exception under Section 28.12.080, but only if the property cannot reasonably be used for a conforming purpose, the proposed use is at least as appropriate as the old one, and it will not harm the neighborhood or conflict with the comprehensive plan. That is a high bar.

Nonconforming Structures

You can alter or expand a nonconforming structure if the work complies with current rules and does not make the nonconformity worse. A house with a nonconforming setback generally cannot be expanded into that setback. The Village can approve a limited wall extension by zoning exception if the extension does not push farther into the setback, does not extend the nonconforming wall length by more than 15%, and is compatible with the neighborhood.⁸

If fire or a natural disaster damages the structure, you can rebuild as long as you pull a building permit within twelve months and create no new nonconformities. If the owner intentionally demolishes or damages more than 50% of the exterior walls, the nonconforming status is lost and any rebuild must fully comply.⁷

Nonconforming Lots

A nonconforming lot in a residential district can still be built on with a detached house or accessory structure, provided the project meets all other lot and building rules besides the nonconforming area and width. If you own two or more contiguous nonconforming lots, building a structure across the shared lot line generally forces consolidation so the combined lot comes closer to the minimum. Exceptions apply for small additions under 350 square feet, additions without foundations, and accessory structures under 800 square feet.⁸

When You Need Special Permission

Three mechanisms exist when a project does not fit the standard rules, each with a different purpose and standard of approval.

Special Use

A special use is an activity that may be appropriate in a district but needs individual review for its impacts on surrounding properties. Approval standards are in Section 28.12.050.H, and the Planning and Zoning Commission evaluates compatibility with the comprehensive plan and the required criteria.⁹ A daycare in a residential neighborhood is a typical example: potentially fine, but parking, traffic, noise, and hours need review first.

Variance

A variance under Section 28.12.090 lets you deviate from a specific bulk standard like a setback or height limit. You have to show a hardship tied to the physical characteristics of the land. An oddly shaped lot, unusual topography, or a utility easement that eats into the buildable area can qualify. Wanting a bigger house, financial difficulty, or a condition you created yourself does not. The test is whether strict application of the rules would deprive you of a reasonable use that other owners in the same district enjoy.

Map Amendment (Rezoning)

A map amendment changes the property’s zoning classification entirely. The evaluation considers the existing use and zoning of nearby properties, effect on property values, suitability of the property for its current zoning, how long it has sat vacant, and consistency with the comprehensive plan.¹⁰ Only the property owner, or someone with the owner’s written authorization, can file.

The Approval Process

As of November 1, 2024, zoning matters are handled by a single body called the Planning and Zoning Commission, which replaced the former Plan Commission and Zoning Board of Appeals.¹¹ The Commission handles special uses, variances, zoning exceptions, map amendments, planned developments, and appeals of enforcement decisions.

After you file a completed petition with the Community Development Department, the Village mails notice to all property owners within 250 feet of your lot, posts a public hearing sign on the property, and publishes a legal notice in the newspaper.¹² Neighbors and other interested parties can testify at the hearing. The Commission then issues a recommendation (for special uses and map amendments) or a direct decision (for variances and exceptions). Where Village Council action is required, the Council votes on a formal ordinance to grant or deny.¹¹ The whole sequence typically takes several months.

A complete petition usually requires a current plat of survey, a detailed site plan showing all existing and proposed structures with dimensions, and a written project summary. You also need proof of ownership or written authorization from the owner, a legal description, and identification of the specific sections of Chapter 28 you are seeking relief from. Incomplete filings get sent back, and the review clock does not start until the application is complete. Fees vary by petition type; the current schedule is available through Community Development.¹³ Budget separately for the survey and site plan, which typically need a licensed surveyor or architect.

What Happens If You Violate the Ordinance

The Village enforces through a citation system. Community development officers, police officers, and fire inspectors can issue a citation that identifies the ordinance provision, directs the violator to pay a settlement amount, and orders the violation to stop.¹⁴ If the person responsible cannot be found in person, the citation can be posted on the property and mailed.

Settlement amounts depend on the type of violation. Sign violations carry a $75 fine if paid within ten days, doubling to $150 after that. Recreational vehicle parking violations start at $100 and rise to $200 if not paid promptly.¹⁴ Ignoring a citation sends the matter to DuPage County Circuit Court, where fines can increase further. Addressing the violation or appealing the citation before it reaches court is almost always the better path.

1
FindLaw. Illinois Statutes Chapter 65 Municipalities 5/11-13-1
2
Village of Downers Grove. Map Services
3
Village of Downers Grove. Community Development
4
Village of Downers Grove. Zoning Ordinance Working Draft – Module 2.0
5
Village of Downers Grove. Zoning Ordinance Update
6
Village of Downers Grove. Municipal Code
7
Village of Downers Grove. Ordinance 2023-10050
8
Village of Downers Grove. Zoning Omnibus Ordinance Amendment
9
Village of Downers Grove. Ordinance 2023-10062 – 5140 Carpenter Street Special Use
10
Village of Downers Grove. Ordinance 2024-10475 – Zoning Map Amendment
11
Village of Downers Grove. Planning and Zoning Commission
12
Village of Downers Grove. Ordinance 2025-10687 – Public Hearing Notice
13
Village of Downers Grove. Permits
14
Village of Downers Grove. Ordinance 2016-7169 – Citation for Ordinance Violations