Summary
Homes must be used for residential purposes only. Limited home office activity is permitted (maintaining records, receiving mail, phone calls, small supply of samples), but no overt business, commerce, or trade may be conducted from the home. Home occupations permitted under City of West Chicago zoning ordinances are exempt from these limitations. The city”s criteria define the boundary: a home occupation becomes “overt business” when it involves outside employees, on-premises sales, more than 6 customer arrivals or departures per day, or parking that disturbs the neighborhood.
Applicable Rules
| Rule | Source | Section |
|---|---|---|
| Homes used for residential purposes only | R&Rs 2013/2021 | 2 |
| No overt business, commerce, or trade from home | R&Rs 2013/2021 | 2 |
| Permitted home office activities: small supply of samples/materials, professional records, mail receipt, telephone | R&Rs 2013/2021 | 2 |
| City of West Chicago-permitted home occupations are exempt | R&Rs 2013/2021 | 2 |
Declaration Cross-Reference
Declaration Section 8.01 restricts all Lots to residential use by a single family and prohibits any trade, commerce, or business. This is the underlying authority for the R&R”s residential-only requirement. The R&Rs” home office carve-out and City of West Chicago exemption are operational policies layered on top of the Declaration”s baseline prohibition.
City of West Chicago Home Occupation Criteria
The City of West Chicago defines a “Home Occupation” as the use of a dwelling unit where goods are produced or traded, or services are rendered as an economic enterprise. The city permits home occupations that are incidental and subordinate to the residential use and operate on a small scale. The following criteria apply:
| Criterion | City Standard | Source |
|---|---|---|
| Location | Entirely within the residence interior or in garages/accessory structures; no visible evidence from street | west-chicago-home-occupation |
| Floor area | Max 20% of total dwelling unit floor area; occasional meetings >20% permitted up to once per month | west-chicago-home-occupation |
| Employees | Family members residing on premises only; no outside help | west-chicago-home-occupation |
| Sales | No commercial sales on premises with general public; prior individualized invitation excepted | west-chicago-home-occupation |
| Leasing | No lease exchanges on premises | west-chicago-home-occupation |
| Arrivals/departures | Max 6 arrivals and 6 departures per day by vehicle | west-chicago-home-occupation |
| Visitation hours | 6:00 a.m. – 9:00 p.m. only | west-chicago-home-occupation |
| Gatherings | Occasional group gatherings/recitals permitted; not more than once per month; within visitation hours | west-chicago-home-occupation |
| Parking | No parking in public right-of-way except for occasional meetings | west-chicago-home-occupation |
| Exterior changes | No alterations that make the dwelling appear commercial | west-chicago-home-occupation |
| Nuisance | No excessive noise, dust, smoke, odors, vibration, glare, combustibles, or radio/TV interference | west-chicago-home-occupation |
| Signs | One non-illuminated flush-mounted sign; max 2 sq ft; name and occupation only | west-chicago-home-occupation |
| Commercial equipment | No outdoor storage of snow plows, salt spreaders, mowers, ladders, or similar; $50 fine, no warning | west-chicago-home-occupation |
| Commercial vehicles | One commercial vehicle outdoors permitted; max 8,000 lbs; B-truck or lower plate; additional or heavier vehicles must be garaged | west-chicago-home-occupation |
| Fines | $50 ticket without prior notice or warning for any violation | west-chicago-home-occupation |
Note on commercial vehicles: The city permits one commercial vehicle (≤8,000 lbs) stored outdoors. The HOA”s R&Rs Section 4 requires all commercial vehicles to be stored in a garage, with no outdoor exception. The HOA rule is the stricter standard and governs within Prestonfield. See vehicle-parking-rules.
Sheds
Sheds are explicitly prohibited under the community bylaws. A homeowner raised the question at the July 2022 annual meeting; the Board confirmed that sheds are not permitted and that changing this rule would require “2/3 of homeowners.”
Note: The amendment threshold cited by the Board appears incorrect. If sheds are prohibited by the Rules & Regulations (Board-level), the Board could amend that rule themselves. If prohibited by the Declaration (§8.xx), the threshold is 75% of owners — not 2/3. The By-Laws can be amended by 2/3 of Directors, not owners. The exact source document prohibiting sheds was not cited in the minutes. See Open Questions below.
History
| Date | Event |
|---|---|
| 2022-07-21 | Homeowner asked about shed installation. Board stated community bylaws explicitly prohibit sheds; changing the rule would require 2/3 of homeowners. Amendment threshold appears incorrect — see Open Questions. Source: minutes-2022-07-21 |
Open Questions
- Shed prohibition amendment threshold unclear: The Board cited “2/3 of homeowners” to change the shed prohibition. This is not consistent with any known threshold: By-Laws require 2/3 of Directors (not owners); Declaration requires 75% of owners (not 2/3). The source document that actually prohibits sheds has not been identified — without knowing whether the prohibition is in the Declaration, By-Laws, or R&Rs, the correct amendment procedure cannot be confirmed.