Joliet's Zoning Ordinance (Chapter 47) does not contain an explicit owner-occupancy definition for accessory dwellings because 'ADU' is not a defined use. Where a second dwelling has been approved through a variance or special use, the Zoning Board of Appeals may attach an owner-occupancy condition under Chapter 47 procedures. Illinois has no statewide preemption of municipal owner-occupancy rules; home-rule authority under Article VII Section 6 of the Illinois Constitution preserves Joliet's discretion.
Because Joliet's Zoning Ordinance does not use the term 'accessory dwelling unit,' there is no codified owner-occupancy rule to cite directly. Owner-occupancy enters Joliet practice in several indirect ways. First, when the Zoning Board of Appeals grants a variance or special use to permit a second dwelling on a parcel zoned for single-family use, the ZBA may attach a condition requiring the owner to occupy one of the units; under Chapter 47 such conditions run with the land and may be recorded against title in the Will County Recorder's office. Second, Joliet's residential rental licensing requirements (administered by the Department of Community and Economic Development) require non-owner-occupied rental units to register annually, supply emergency contact information, and submit to periodic inspections. Third, Joliet's home-rule authority allows the city to condition land-use approvals on occupancy without conflicting with state law: Illinois has not enacted an ADU enabling statute that would preempt such conditions (unlike California AB 671 or Washington HB 1337). Fourth, private CC&Rs in Joliet subdivisions (administered under the Illinois Condominium Property Act 765 ILCS 605/ or the Common Interest Community Association Act 765 ILCS 160/) may impose additional owner-occupancy restrictions enforceable in Will County Circuit Court. Homeowners should obtain a current title report and confirm ZBA conditions on the parcel before assuming a unit can be rented while the owner lives elsewhere.
Violating an owner-occupancy condition attached to a ZBA variance or special use approval: notice of zoning violation under Chapter 47, daily civil penalties accruing until cured, possible revocation of the underlying approval, and injunctive relief in Will County Circuit Court. Failure to register a non-owner-occupied rental: licensing penalties, inability to lawfully collect rent (as a defense in Illinois forcible-entry-and-detainer actions), and possible utility-account flags. Private CC&R violations are enforceable by the association under the Common Interest Community Association Act.
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