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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner residency
Required on same lot as ADU
Governing section
UDO Sec. 9.03.C.1.f
Applies to
All detached ADUs citywide
Reviewed at
Site plan review approval

Summary

Waukegan requires the owner of an accessory dwelling unit lot to live on the same property as the ADU, a residency mandate written into UDO Section 9.03.C.1.f alongside the rental licensing rule.

f.Residency of Owner. The owner of any Accessory Dwelling Unit must maintain primary residency on the same zoning lot as the unit. The owner of the rental license for any rented accessory dwelling unit must be held by the owner of the zoning lot.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 113).

Full Breakdown

f, titled "Residency of Owner," states plainly that the owner of any accessory dwelling unit must maintain primary residency on the same zoning lot as the unit. 1, which also caps unit size at 900 square feet, limits a lot to one ADU, requires the unit to be detached and located in the rear yard, and mandates that its exterior materials, roof pitch, and design be compatible with the principal dwelling. The owner-occupancy rule means an investor cannot own a Waukegan property purely to rent out both the main house and a detached ADU without living there; the property owner personally must be a resident of the lot for the ADU to remain compliant.

03-1, so it is checked at permitting and can be revisited through code enforcement if the owner later moves off-site while an ADU remains occupied.

Violations & Fines

An ADU lot where the property owner does not maintain primary residency on-site violates Section 9.03.C.1.f and can result in a code enforcement finding against the zoning approval for the accessory dwelling unit, potentially jeopardizing its continued legal use.

Frequently Asked Questions

Can I rent out my house and live in the ADU instead in Waukegan?
Section 9.03.C.1.f requires the owner to maintain primary residency on the same zoning lot as the accessory dwelling unit, not necessarily inside the ADU itself. As long as the owner lives on the lot, whether in the principal dwelling or the ADU, the residency standard is met.
Can an out-of-state investor own a Waukegan property with an ADU?
Not while keeping the ADU in compliance. Section 9.03.C.1.f ties the accessory dwelling unit's legality to the property owner maintaining primary residency on that same lot, so an absentee owner does not satisfy the standard.

Sources & Official References

Other rules in Waukegan

ADU RulesSome RestrictionsShed & Carport RulesSome RestrictionsLandscaping Rules: Water RestrictionsSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsTiny HomesSignificant RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsParking Rules: EV ChargingSome RestrictionsAnimal Ordinances: Veterinary Clinic ZoningSome RestrictionsAnimal Ordinances: Pet Groomer RulesSome Restrictions

All Waukegan rules

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