Aurora's Chapter 49 Zoning Ordinance does not contain an explicit owner-occupancy requirement for accessory dwellings because the city does not recognize ADUs as a defined use. Where second dwelling units have been approved through use variations or special use permits, the Zoning Board of Appeals has typically attached conditions tied to the specific parcel. Aurora's rental property licensing (Chapter 22 of the City Code) requires all rental dwelling units in the city to be licensed annually, regardless of owner-occupancy.
Because Chapter 49 does not define 'accessory dwelling unit,' there is no codified owner-occupancy ordinance to cite. Owner-occupancy enters Aurora practice through three channels. First, when the Zoning Board of Appeals approves a use variation or special use permit for a second dwelling on a single-family parcel, the board can attach conditions of approval under its Chapter 49 authority, including owner-occupancy of one of the two units; such conditions run with the land and are recorded against title at the Kane, DuPage, Will, or Kendall County Recorder. Second, the Aurora Rental Property Licensing Program (administered by the Division of Property Standards under Chapter 22 of the Code) requires every non-owner-occupied residential rental unit in Aurora to be licensed annually, pay a per-unit license fee, designate a local agent, and pass periodic inspections. Owner-occupied units are exempt from rental licensing. Third, Illinois law (765 ILCS 605/ Condominium Property Act and 765 ILCS 160/ Common Interest Community Association Act) allows private homeowner associations to impose owner-occupancy restrictions enforceable in circuit court; many Aurora subdivisions in the Fox Valley have such covenants. Illinois has not enacted a statewide ADU statute, so the General Assembly has not preempted municipal owner-occupancy conditions (unlike California AB 671 or Washington HB 1337). Confirm current ZBA practice with the Aurora Department of Development Services before assuming a second unit may be rented while the owner lives elsewhere.
Violating an owner-occupancy condition attached to a Zoning Board of Appeals approval: notice of zoning violation under Chapter 49, administrative adjudication and civil penalties, possible revocation of the variance or special use, and injunctive relief in the Circuit Court of the county where the parcel sits. Failure to license a non-owner-occupied rental under Chapter 22: per-unit penalties, denial of license renewal, and inability to lawfully collect rent (a possible affirmative defense in eviction actions under 735 ILCS 5/9-101 et seq.). HOA covenant violations: separate civil enforcement and possible attorney fee shifting under the governing declarations.
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