Mchenry City Zoning Code

   A.   Compatibility: Accessory uses and structures shall be compatible with the principal use of the lot on which they are located and shall not be established prior to the establishment of the principal use. The keeping, preparation or culture of poultry, pigeons or livestock shall not be an accessory use.

   B.   Location: Accessory uses may be located in courtyards and required yards only as provided in section 11-14-4, table 1 of this chapter.

   C.   Standards: All accessory uses shall conform to the standards in section 11-14-4, table 2 of this chapter.

   D.   Wind Energy Conversion Systems: Requirements for Wind Energy Conversion Systems shall be as provided in title 10, chapter 19 of this Code.

   E.   Dish Antennas (Earth Stations): Requirements for satellite dish antennas shall be as provided in title 10, chapter 15 of this Code.

   F.   Other Television Or Radio Towers Or Antennas: Other radio or television towers or antennas as accessory uses shall not have an antenna height exceeding fifty five feet (55'), shall not be more than three feet (3') from the principal building, and shall not be so positioned as to be a hazard to any utility line.

   G.   Decks, Patios And Porches: Decks or patios that are enclosed by windows or screens and a permanent roof shall be considered as part of the principal building. Such decks, patios and porches shall be subject to the requirements of the zoning district in which they are located. Porches, as defined in section 11-3-1 of this title, may protrude twenty five percent (25%) into the required front yard.

   H.   Dog Runs: No more than one enclosed dog run, as defined in section 11-3-1 of this title, shall be permitted on any lot in a Residential District. The fence enclosing the run shall be an open fence, as defined in section 11-3-1 of this title, a maximum of eight feet (8') in height and fifty feet (50') in total length on all sides and shall be located at least ten feet (10') from all lot lines.

   I.   Garages, Carports And Parking: Garages, carports and open parking spaces as accessory uses shall be subject to applicable provisions under chapter 12, “Off Street Parking And Loading”, of this title.

   J.   Swimming Pools: A private swimming pool shall be located in a rear yard, except that on a single- family lot having a lot area of thirty thousand (30,000) square feet or more, a private swimming pool may be located between the principal building and an interior side lot line, in accordance with the following conditions:

      1.   The swimming pool shall be located behind the front and required corner side yard building line; and

      2.   The swimming pool shall be set back a minimum of eight feet (8') from the interior side property line, or the required side yard setback for the district in which it is located, whichever is greater.

   K.   Accessory Storage Buildings: All garages and other common accessory structures used for storage shall be considered accessory storage buildings.

      1.   Accessory storage buildings greater than two hundred (200) square feet shall not be permitted to have an overhead door unless connected to a public right-of-way by a driveway constructed of paved, permanent, dust-free, homogenous material or brick pavers provided it does not allow grass or other vegetation to grow within, on or above the solid surface unless approved by the Zoning Administrator.

      2.   Accessory storage buildings less than two hundred (200) square feet and do not contain a motor vehicle, recreational vehicle or trailer used for transportation that will be accessing the right-of-way, an overhead door shall be permitted but a connection to the public right-of-way is not required.

(Ord. 86-382, 12-22-1986; amd. Ord. 99-728; Ord. 21-3, 1-18-2021)

It is hereby intended that the word “required” is added immediately prior to any reference of the following terms “front yard”, “interior side yard”, “corner side yard” and “rear yard”.

   A.   Obstructions: Court yards and required yards may be obstructed by accessory uses or building projections only as provided in section 11-14-4, table 1 of this chapter.

   B.   Yards Used For Only One Structure: The minimum yard space required for one building or structure shall not be used as the required yard space for another adjoining building or structure.

   C.   Reduction In Lot Area: No lot shall be reduced in area so that the yards or other open spaces shall be less than required by this title.

   D.   Vacant Through Lots: On a vacant through lot, either of the lot lines abutting a street may be established as the front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established by the construction of a building on one lot, the same street lot line shall serve as the front lot line of all such contiguous lots.

   E.   Corner Side Yards On Lots Of Record: If a corner lot that is a lot of record as of the date of adoption of this section has insufficient width to meet the requirement for the required corner side yard and still provide thirty feet (30') of width for the building and the other side yard, then the required corner side yard may be reduced to not less than thirty percent (30%) of the lot width.

   F.   Conformity To Existing Required Front Yards:

      1.   The purpose of this provision is to protect view lines in single-family residential neighborhoods, except where the view line from a home has been voluntarily sacrificed by building with a setback that is greater than that required in this or any applicable previous ordinance.

      2.   In any RS Residential District, where one or more side lot lines of a lot abut one or more residential lots with a nonconforming front or corner side yard, the minimum front and corner side yards on such lot shall be less than the zoning district regulations require.

      3.   For such a lot that is an interior lot, the minimum required front yard shall be the mean average of the actual required front yards established on the two (2) abutting residential lots on either side. If there is no structure on one of the abutting lots, the required front yard required by the zoning district shall be used in lieu of the actual required front yard for that lot to compute the average.

      4.   For such a lot that is a corner lot, the minimum front and required corner side yard shall be the actual front or required corner side yard abutting each such yard on the adjacent residential lot.

      5.   Where the actual front or corner side yards on the abutting lots are conforming, the minimum front and corner side yards shall be as required in the district regulations.

      6.   For such a lot that is a through-lot (double frontage lot), the lot line abutting a street but does not have direct vehicular access shall be considered a rear yard for the purposes of this section.

   G.   Vision Clearance Triangle: Within a triangular area located at the at-grade intersection of two (2) streets, a street and a railroad, or a street and a driveway, special restrictions apply.

      1.   The triangular area shall be formed by the right-of-way lines of the streets or railroads between their intersection and points thirty feet (30') from their intersection along each line, or ten feet (10') from the intersection of a street and a driveway, and by a straight line connecting these two (2) points.

      2.   Within this triangle, no solid fence, as defined in section 11-3-1 of this title, or any hedge, opaque landscaping or screening, wall or other solid obstruction, having a height of over two and one-half feet (2-1/2'), nor any open fence, as defined in section 11-3-1 of this title, with a height of over three and one-half feet (3-1/2'), shall be permitted.

      3.   Overhanging objects, including tree branches, shall be permitted within this triangle only if all parts thereof are higher than eight feet (8') above the level of the railroad or the pavement of the street or driveway where the centerlines intersect. Signs shall be permitted only if the sign clearance is eight feet (8') or greater, or the sign height is two and one-half feet (2-1/2') or less.

(Ord. 04-851; amd. Ord. 22-47, 8-15-2022)

Requirements for fences shall be as provided in title 10, chapter 13 of this Code.

(Ord. 86-382, 12-22-1986)

   TABLE 1
   PERMITTED OBSTRUCTIONS OF REQUIRED YARDS2

 

(Ord. 14-1683)

TABLE 2

STANDARDS FOR ACCESSORY STRUCTURES

 

 

 

 

E.   Maximum number and size of residential accessory buildings4:

 

 

(Ord. 86-382, 12-22-1986; amd. Ord. 99-729; Ord. 09-979)