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Kankakee 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

Eligible district
RE-Rural Estate only
Base density
1.000 unit per acre
Conservation design bonus
+10% on base lot count
Unique amenities bonus
+5%, planning director's discretion
Open space set-aside
At least 50% of gross site area
Zoning exemption
Exempt from standard lot/setback rules

Summary

In the RE-Rural Estate zoning district of unincorporated Kankakee County, a subdivider who preserves at least 50 percent of the site as permanent open space under a conservation design plan earns a 10 percent bonus on the base lot count, plus a discretionary 5 percent bonus for unique amenities under Code § 117-126.

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

The conservation design subdivision standards of this section require that at least 50 percent of each development be set aside and permanently preserved as open space, which can be used to provide recreational opportunities for the subdivision's residents and/or to conserve and protect significant natural resources, in accordance with the regulations contained herein. ... Conservation design subdivisions ... are only allowed in the RE-Rural Estate zoning district. ... At the discretion of the planning director, a five percent bonus to the maximum number of lots may be given to a development as an incentive for providing unique amenities or special features.

Full Breakdown

000 unit per acre. The yield formula starts with the base site area, after subtracting rights-of-way and easements, multiplied by that base density to get the base number of lots. Section 117-126(g) then adds a 10 percent Conservation Design Bonus to that base lot count, and the planning director can add a further 5 percent bonus, at his discretion, "as an incentive for providing unique amenities or special features" such as fishing docks, trails, wildlife habitat improvements or created wetlands. In exchange, at least 50 percent of the gross site area must be permanently preserved as common open space, protected in perpetuity through a recorded conservation easement, a governmental entity's restrictive covenant, or an equivalent instrument approved by the state's attorney; unusually large wetlands or floodplain acreage can push that set-aside above 50 percent.

Conservation design lots are expressly exempt from the zoning ordinance's standard lot area, lot width, lot coverage and setback rules, though lots within 150 feet of an existing subdivision cannot be smaller than 80 percent of that subdivision's average lot size. If a property owners' association will own and maintain the open space, § 117-126(i)(5) requires mandatory membership, lien authority to collect dues, and a special service area under 35 ILCS 200/27-5 as a funding backstop.

Violations & Fines

This is a design incentive, not a ban, so the code sets no fine for skipping it. A plat that does not hit the 50 percent open space minimum, lacks a permanent legal protection instrument, or lacks planning director approval of the amenities bonus simply does not qualify for the extra lots and reverts to standard subdivision review under the rest of Chapter 117.

Frequently Asked Questions

Which zoning district allows the conservation design density bonus in Kankakee County?
Only in the RE-Rural Estate zoning district, per Kankakee County Code § 117-126(f)(2), which caps the maximum base density there at 1.000 unit per acre before any conservation design or unique-amenities bonus is applied to the site's overall yield formula calculation.
How much extra density can a conservation design subdivision get?
The base lot count gets a flat 10 percent Conservation Design Bonus, and the planning director may add another 5 percent "as an incentive for providing unique amenities or special features," for a maximum combined bonus of 15 percent over the base yield.
How much open space must be preserved to earn the density bonus?
At least 50 percent of the gross site area, permanently protected by a recorded conservation easement, land trust agreement, or governmental restrictive covenant. Section 117-126(i)(2) lets the county require more than 50 percent where the site holds unusually large wetlands or floodplain acreage.

Sources & Official References

Other rules in Kankakee County

All Kankakee County rules

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