Accessory Structures in Elgin, IL

If you live in Elgin or are thinking about moving there, accessory structures are one of those things you probably won't think about until they affect you directly. Elgin has 2 specific rules on the books covering different aspects of accessory structures, and some of them might surprise you.

Tiny Homes

Elgin permits tiny houses under its One- and Two-Family Dwelling Code, which adopts the 2021 International Residential Code's Appendix Q for tiny house construction in its entirety. Any tiny house built, moved onto, or altered on a residential lot needs a building permit from the building official under Elgin Municipal Code Section 105.1 before work begins, the same requirement that applies to any accessory structure.

Key details: Governing code: IRC 2021 Appendix AQ, adopted in full. Citation: Elgin Municipal Code § 16.36.020. Permit required: Yes, under Section 105.1 before construction. Manufactured housing: Appendix AE deleted; not a tiny house substitute. Penalty: $50-$750 fine per day (§ 1.20.020).

Building, moving, or altering a tiny house without the Section 105.1 permit is enforced as a general Municipal Code violation. Under Section 1.20.020, any person convicted of violating a city ordinance faces a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), and each day the unpermitted work or noncompliant structure continues counts as a separate offense, so daily fines can accumulate quickly until the structure is brought into compliance or removed.

Shed & Carport Rules

In Elgin, a detached shed or accessory building must sit at least 3 feet from an interior lot line and 10 feet from any alley in residence conservation and TFR districts, stand at least 4 feet from another building, and cannot exceed 15 feet in height (25 feet under a Historic Preservation overlay). Any accessory structure over 120 square feet triggers a mandatory architectural review permit.

Key details: Interior lot line setback: 3 feet minimum (RC/TFR districts). Alley setback: 10 feet minimum. Height limit: 15 feet (25 feet with HP overlay). Architectural review trigger: Structures over 120 sq ft. Review decision window: 20 days from complete application.

Building or enlarging a shed that violates the § 19.12.500 setback, spacing, or height limits, or skipping the architectural review permit required for a structure over 120 square feet under § 19.14.500, exposes the owner to code enforcement action, a stop-work order, and required removal or relocation of the noncompliant structure; a noncomplying accessory building can also be declared legally nonconforming pending correction.

The Bottom Line

Elgin's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Elgin is broadly strict or permissive.

Keep in mind that Elgin can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.