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DuPage County, IL Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Governing section
Zoning Ordinance Sec. 37-705.3(A)
Applies to
R-5 General Residence District
Bonus ratio
1 extra unit per affordable unit
Bonus cap
25% of base permitted units
Affordability term required
20 years, Section 8 or equivalent
Base multi-family lot size
5,000 sq ft per unit, 15,000 sq ft min

Summary

In the R-5 General Residence District, DuPage County lets developers build one extra dwelling unit for every low- and moderate-income unit provided, up to a 25% increase over the base zoning lot yield under Zoning Ordinance Sec. 37-705.3(A).

These county ordinances apply to unincorporated areas of DuPage County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Where a property owner/developer elects to provide for the construction of housing which is affordable to low and moderate income families, a density bonus shall be provided allowing an increase of one (1) dwelling unit for each low and moderate income unit so provided, which increase shall not be greater than twenty-five percent (25%) of the number of dwelling units permitted as determined by the actual area of the zoning lot without bonuses or conditional uses. All bonus dwelling units so awarded shall be constructed as an integral part of the development upon each zoning lot where permitted, and shall comply with all requirements and guidelines of the United States Department of Housing and Urban Development for construction, operation and maintenance of low and moderate income housing. A unit affordable to low and moderate income families is defined as one provided through the Federal "Section 8 Program" or equivalent Federal program where assistance remains with the unit for a minimum period of twenty (20) years.

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 14 Update 1).

Full Breakdown

DuPage County's density bonus applies specifically inside the R-5 General Residence District under Zoning Ordinance Sec. 3. The base lot size table in the same section sets the yield a developer starts from: 8,000 square feet per lot for single-family detached dwellings, 10,000 square feet for two-family dwellings, and 5,000 square feet of land area per dwelling unit (15,000 square-foot minimum lot) for multiple-family dwellings. A property owner or developer who elects to build housing affordable to low and moderate income families earns a density bonus of one additional dwelling unit for each qualifying affordable unit constructed, but that bonus cannot exceed 25% of the number of dwelling units otherwise permitted on the zoning lot's actual area, calculated without any bonuses or conditional-use allowances.

S. Department of Housing and Urban Development requirements and guidelines governing the construction, operation and maintenance of low- and moderate-income housing. The code defines a qualifying affordable unit narrowly: it must be provided through the federal Section 8 Program or an equivalent federal program under which the income-restriction assistance stays attached to the unit for a minimum of 20 years, so a unit that loses its subsidy or affordability restriction before that term is not counted for bonus purposes. The provision traces to Ordinance T-4-05, adopted July 11, 2006, and was carried forward in the county's 2011 zoning rewrite under Ordinance T-2-11.

Violations & Fines

There is no per-unit fine structure written into Sec. 37-705.3 itself; the density bonus operates as a zoning entitlement, not a standalone offense. A developer who builds bonus units without meeting the 20-year Section 8/equivalent-assistance affordability term, or without complying with HUD's construction, operation and maintenance requirements, is treated as exceeding the permitted dwelling unit count for the zoning lot, which the DuPage County Building Division and Community Development Commission can enforce as an unpermitted density violation, triggering the county's standard zoning nonconformity and correction process.

Frequently Asked Questions

How much extra density can a DuPage County developer earn for affordable units?
Up to 25% more dwelling units than the base zoning lot allows. Sec. 37-705.3(A) grants one bonus unit for each low- and moderate-income unit built, but the total bonus cannot push the project past 25% above the permitted unit count calculated from the lot's actual area without bonuses.
What counts as a qualifying affordable unit for the DuPage County bonus?
A unit provided through the federal Section 8 Program or an equivalent federal program where the affordability assistance stays attached to the unit for at least 20 years. Units without that federally backed, long-term income restriction do not qualify under Sec. 37-705.3(A).
Can bonus affordable units be built somewhere else in the development?
No. Sec. 37-705.3(A) requires every bonus dwelling unit to be constructed as an integral part of the development on the same zoning lot where the bonus is awarded, and the units must meet HUD's construction, operation and maintenance requirements for low- and moderate-income housing.
Does the density bonus apply county-wide or just in one zoning district?
It is written into Sec. 37-705.3, the lot size requirements section for the R-5 General Residence District specifically, so it governs density calculations for R-5-zoned developments in unincorporated DuPage County rather than every residential district.

Sources & Official References

Other rules in DuPage County

All DuPage County rules

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