Accessory Uses

Summary of Zoning Regulations for decks, patios, fireplaces, pools, sports courts, etc.

For complete information, see the Wheaton Zoning Ordinance. The Zoning Ordinance can be viewed on the City’s website or purchased at City Hall. For additional questions, call the Planning Department at 630-260-2080.

Note:

  • Easements: Cannot build in easements without approval. Easements are shown on the plat of survey.
  • Homeowners Associations in some newer subdivisions may prohibit some of these items.
Use
Location/Setback Requirement
Code
AC Unit
Not allowed in a front yard.
No setback requirements. Must meet zoning performance standards for noise
(WZO 25.4.1: 50 decibels at property line, enforced on a complaint basis)
WZO 24.5.6
Arbors & Trellises
Permitted anywhere on lot.
WZO 24.5.1
Basketball Hoop
Allowed in any yard.
Setback from all property lines:10 ft.
WZO 24.5.2
Deck or Patio
Front & corner side yard setback: Same as required for house
Rear Yard setback: 25 ft.
Side Yard setback: 8% of lot width per side (but no more than 10 ft.)
No setback for stairs under 4 ft. above grade.
WZO 24.4.3
Garden Wall, Retaining Wall, Planter Box,
Seat Wall
No setback requirements.
Talk to Engineering Dept. (630-260-2868) if: Wall is over 18” tall OR within 5 ft. of property line OR if it will change the drainage pattern in the yard.
 
Permanent Fire Pit
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft.
Setback to buildings, vehicles, & all structures on neighboring properties: 30 ft.
WZO
24.5.4 & WCC
54-113
Portable Fire Pit
Use in accordance with manufacturer’s use guidelines.
Minimum setback to any structure: 15 ft.
IFC
307.3
Permanent Outdoor BBQ or Fireplace
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft.
WZO 24.5.4
Screen House/ Gazebo
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft.
WZO 24.5.4
Sidewalk
Permitted anywhere on lot.
 
Swimming Pool (any type)
or Hot Tub
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft. (setback includes pool, pool deck, any related equipment etc.); No zoning separation from house.
WZO 24.5.8
Swingset / Playhouse / Jungle Gym
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft.
Height limit: 15 ft.
WZO 24.5.2
Sport Court / Tennis Court
Allowed in rear yard; not allowed in front or corner side yard.
Side and rear setback: 10 ft.
Cannot exceed 30% of rear yard area (measured from rear wall of house)
If over 25% of rear yard area, requires landscape screening.
WZO 24.5.2

Revised 2/13/17