Naperville, IL Accessory Structures: ADU Owner Occupancy (2026)

Because Naperville's Zoning Ordinance does not use 'accessory dwelling unit' as a defined term, no codified owner-occupancy rule applies directly. Owner-occupancy enters Naperville practice indirectly. First, when the Planning and Zoning Commission recommends and the City Council approves a variance or conditional use to permit a second dwelling on a single-family parcel, conditions may include owner-occupancy of one unit; under Title 6 these conditions run with the land and are recorded against title in the DuPage County or Will County Recorder's office. Second, Naperville's voluntary landlord registration program (administered by the Finance Department through utility-account handling at 400 S. Eagle St.) tracks non-owner-occupied rental units to preserve utility deposits and enable lien enforcement under the Illinois Rental Property Utility Service Act (765 ILCS 735/) if a renter defaults on utility bills. Third, Naperville's outright ban on short-term residential rentals under Title 3 Chapter 18 (added by Ordinance 20-087, effective September 1, 2020) eliminates the typical Airbnb pathway and limits ADU rental to longer-term tenancies. Fourth, home-rule authority allows Naperville 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. Fifth, private CC&Rs in many Naperville subdivisions (administered under the Illinois Common Interest Community Association Act 765 ILCS 160/) may impose additional owner-occupancy restrictions. Always obtain a current title report and review recorded PZC conditions on the parcel before assuming a unit can be rented while the owner lives elsewhere.