This title shall be known, cited and referred to as the CITY OF MCHENRY ZONING ORDINANCE. 

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

   A.   Specified: This title is adopted for the purpose of improving and protecting the public health, safety and welfare of residents of the City. To this end, this title seeks to:

      1.   Further the implementation of the objectives of the adopted Comprehensive Plan for the City in such a manner as any changed conditions since the adoption of the plan may require;

      2.   Zone all land in the City with a view to conserving property values and encouraging the most appropriate use of land throughout the City;

      3.   Protect all areas of the City from harmful encroachment by incompatible uses;

      4.   Establish adequate standards for the provision of light, air and open spaces;

      5.   Prevent the overcrowding of land and undue concentration of population, thereby preventing the development of blight and deterioration;

      6.   Lessen congestion in the public streets;

      7.   Facilitate provision of adequate public services and facilities, such as transportation, water, sewerage and parks;

      8.   Provide for adequate drainage, control of erosion, reduction of flood damage and destruction of sensitive or valuable environmental resources;

      9.   Foster a desirable pattern of relationships among residential, commercial, industrial and other uses for the mutual benefit of all types of development;

      10.   Isolate and control the location of unavoidable nuisance producing uses;

      11.   Ensure and facilitate the preservation of sites, areas and structures of historical, architectural and aesthetic importance.

   B.   Further Objectives: To accomplish the above objectives, this title further seeks to:

      1.   Fix reasonable standards to which buildings, structures and other uses of land shall conform;

      2.   Prevent new construction or alteration or expansion of existing construction that does not comply with the restrictions herein;

      3.   Provide for the elimination in appropriate situations of existing uses that are incompatible with the character of the districts in which they are located;

      4.   Define the powers and duties of the officers and bodies charged with the enforcement of this title;

      5.   Prescribe penalties for any violation of the provisions hereof.

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

No building, structure, land or premises shall hereafter be constructed, altered, converted, enlarged, moved, used or occupied, except in conformity with the provisions herein.

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

   A.   The City has adopted an official comprehensive plan and official map for the present and future development of the City. This plan and the maps contained therein are applicable to land situated within the corporate limits, and contiguous territory not more than one and one-half (1-1/2) miles beyond the corporate limits and not included in another municipality.

   B.   To implement this plan, the City has adopted various codes and ordinances, including this title and the Subdivision Control and Development Ordinance, which establish reasonable standards of design for subdivisions and requirements governing the location and construction of public facilities and improvements.

(1987 Code § 17-3)

   A.   All applications for zoning relief, except as otherwise provided, shall be accompanied by a filing fee in the amount of nine hundred fifty dollars ($950.00). Where the zoning application requests a minor variation only (as defined in this title) and the applicant elects to have the Planning and Zoning Commission hear the application on the same date the Planning and Zoning Commission has scheduled another application for hearing, the initial filing fee shall be one hundred seventy five dollars ($175.00); in the event that the applicant for a minor variation elects a hearing date on which no other application is scheduled for hearing, the initial filing fee shall be four hundred twenty five dollars ($425.00). (1987 Code §17-6; amd. 2019 Code; Ord. 21-3, 1-18-2021)

   A.   Zoning Relief: The Zoning Administrator may require a retained personnel fee to be used toward deferring the expenses and fees of its retained personnel as described in section 11-4-4 of this title, and the expense of providing copies of unapproved Planning and Zoning Commission minutes, reports, and recommendations as provided in subsection 11-1-2D of this title. At any time that the balance of the initial retained personnel deposit is reduced to the sum of seventy five dollars ($75.00), the zoning applicant shall make such other and further deposit, upon the request of the City, as may be necessary to restore the retained Personnel Fund to cover the expense incurred. (1987 Code §17-5)

   B.   Other: The retained personnel deposit for the establishment of an Integrated Design District (IDD) for property located within the corporate limits of the City, for property located within the mile and one-half jurisdiction outside the corporate limits of the City and property in the process of being annexed to the City, shall be as set forth in title 14, chapter 1 of this Code.

   C.   Stay Of Proceedings: All proceedings in connection with zoning applications shall be stayed until the zoning applicant has complied with the retained personnel requirements of this section. (1987 Code § 17-5) (amd. 2019 Code; Ord. 21-3, 1-18-2021)

Only the following uses of land, buildings or structures are allowed in the City:

   A.   Uses lawfully established on the effective date hereof.

   B.   Uses which:

      1.   Had a building permit lawfully issued prior to the effective date hereof; and

      2.   Began construction within six (6) months of such date, which construction was diligently prosecuted to completion; and

      3.   Are constructed and occupied in conformance with the plans that were the basis for the issuance of the permit.

   C.   Permitted uses in the applicable zoning districts, subject to the conditions and requirements herein.

   D.   Conditional uses in the applicable zoning districts, subject to the approval of a conditional use permit and other conditions and requirements herein.

   E.   Temporary uses subject to the provisions herein.

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

The provisions in this title shall, in their interpretation and application, be held to be minimum requirements.

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

In any case in which any portion of this or any other City ordinance, or any other law, regulation or annexation agreement, or any kind of private agreement, covenant or easement applying within the City, establishes a requirement that is either more or less restrictive than a particular requirement established herein, the regulation that is the more restrictive or that imposes the higher standard or requirement shall govern.

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

No building, structure or use not lawfully existing at the time of adoption hereof shall be made lawful solely by the adoption thereof. Such structure or use shall remain unlawful hereunder to the extent that it is in conflict with the requirements of this title.

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

The Zoning Ordinance of the City shall continue to be that ordinance adopted on December 22, 1986, as amended or revised by subsequent ordinances. Nothing contained in this title, or in the ordinance adopting this title, shall be construed to amend, alter or otherwise affect the provisions of the said Zoning Ordinance.

(1987 Code § 17-1)

The Subdivision Control and Development Ordinance of the City shall continue to be that ordinance passed and approved on January 19, 2004, as the same may be amended, altered or changed by subsequent ordinances. Nothing contained in this title, or in the ordinance adopting this title, shall be construed to repeal, amend, alter or otherwise affect said Subdivision Control and Development Ordinance.

(1987 Code § 17-2; amd. 2019 Code)

Except as may be provided for by a Preannexation Agreement or by a subsequent amendment to this title, any parcel of land hereafter annexed to the City shall be classified in the most restrictive Single- Family Residential District that will permit the parcel, or the smallest subdivided lot therein, to conform to the minimum lot area required in that district.

(1987 Code § 17-4)

Upon adoption of this title, the ordinance known as the Zoning Ordinance of the City adopted February 4, 1985, is hereby repealed. No other ordinance, regulation, annexation agreement or private agreement, covenant or easement is intended to be repealed or abrogated by this ordinance.

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

   A.   If any court of competent jurisdiction shall adjudge invalid any provision of this title, such judgment shall not affect any other provision hereof not specifically included in said judgment.

   B.   Further, if such court shall adjudge invalid the application of any provision hereof to a particular property, such judgment shall not affect the application of said provision to any other property not specifically included in said judgment.

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