Mchenry City Zoning Code

The following provisions apply in all Residential Districts.

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

   A.   Scope: The home occupation regulations set forth herein are intended to allow residents to engage in home based business activities, while ensuring adjoining properties will not be adversely impacted and character and livability of the surrounding area compromised. Home occupation regulations establish performance standards rather than lists of allowable uses which are considered home occupations. The determination as to whether or not an activity constitutes a home occupation shall be made by the City Administrator or their designee. A home occupation may not commence until it has been approved and authorized by the City.

   B.   Regulations Specified: Home occupations shall be governed by the following regulations:

      1.   The operator of a home occupation shall be a full time permanent resident of the dwelling unit.

      2.   Home occupations shall not employ more than one person who does not reside on the premises.

      3.   Home occupations shall be conducted entirely within enclosed structures, and there shall be no exterior storage of equipment or materials used.

      4.   There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premises.

      5.   Any need for parking generated by the occupation shall be met off the street.

      6.   No home occupation shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or of the fire district in which the structure is located.

      7.   It is clearly incidental or subordinate to the primary residential use of the property.

      8.   It shall be conducted in such a manner that it is compatible and will not adversely impact established residential character of the neighborhood in which it is located.

      9.   No signs advertising a product, service, business or occupation are permitted, with the exception of a one square foot sign for any home occupations, which are required to display one by the Federal or State government (see section 10-20-13 of this Code).

      10.   It shall not create any nuisance, hazard or other offensive condition, such as increased traffic, noise, smoke, fumes, dust, odor, electric or mechanical equipment interference.

      11.   No mechanical equipment is to be used, except such as is normally used for purely domestic or household purposes.

      12.   No more than twenty five percent (25%) of the footprint of the principal structure or five hundred (500) square feet (whichever is less), may be devoted to the home occupation.

      13.   Home occupations must comply with all City ordinances, rules and regulations applicable to Residential or Residentially zoned areas, including, but not limited to, performance standards (such as, but not limited to, noise, vibration, odor, nuisances, lighting, driveways, commercial and recreational vehicles, etc.).

      14.   Wholesale, retail, manufacturing, boarding, repair or warehouse business shall be prohibited unless they comply with all provisions in this section, chapter 17, “Performance Standards”, of this title, and all other applicable City rules, ordinances and regulations, or unless they are conducted entirely using external communication devices (such as, but not limited to, phone, electronic mail, facsimile, electronic meetings, Skype, etc.), regular United States Postal Service residential mail delivery or delivery vehicles limited to those normally servicing residential neighborhoods (such as, but not limited to, UPS, FedEx, etc.) and does not involve the receipt, sale, boarding, manufacturing or storage of merchandise or animals on the premises, including, but not limited to, kennels and shelters of any kind.

   C.   Prohibited Home Occupations: The following uses are expressly prohibited as home based businesses, unless they comply with all provisions in this section, chapter 17, “Performance Standards”, of this title, and all other applicable City rules, ordinances and regulations:

      1.   Any type of repair, body work, painting, assembly or storage of vehicles or equipment with engines (such as, but not limited to, motor vehicles, motorcycles, scooters, snowmobiles, outboard marine engines, lawnmowers, chain saws and similar equipment) or appliances (such as, but not limited to, washing machines, dryers and refrigerators) or any other work associated with equipment with engines and parts.

      2.   Dispatch centers where employees come to the site to be dispatched to other locations.

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

   A.   Yard Requirements: Yard requirements for nonresidential permitted and conditional uses, except permitted and conditional public uses and temporary uses, shall be the same as required for single- family detached dwellings in the same zoning district. Where a building height is over thirty five feet (35'), however, each required yard shall be increased by two feet (2') for each additional foot of building height over thirty five feet (35').

   B.   Lot Width, Area Requirements: The lot width and area requirements for each nonresidential permitted use, except permitted public uses and temporary uses, shall be the same as required per dwelling unit in the same district. For nonresidential conditional uses, such requirements shall be as determined by the City Council. For both nonresidential permitted and conditional uses, maximum building height shall be governed by a maximum floor area ratio of 0.6 and off street parking and loading and landscaping requirements and sign regulations shall be as provided in chapters 12 and 13 of this title, and title 10, chapter 20 of this Code.

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

In subdivisions created after the effective date of this title, residential lots accommodating fewer than four (4) dwelling units and abutting an arterial street shall not have direct access onto the arterial. Such lots shall front upon and have access only to existing or new collector or local streets, and not to an arterial, except where the Planning and Zoning Commission determines this to be impractical. Arterial streets shall be as designated in the City Comprehensive Plan.

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

A permit is not required for a temporary storage unit or temporary refuse container, in a Residential Zoning District, as long as all applicable criteria established below are met:

   A.   Number Permitted: No more than one temporary storage unit or one temporary refuse container is permitted on any Residentially zoned property;

   B.   Term: Any temporary storage unit and/or temporary refuse container that is not associated with a building permit can remain on a property for no more than fifteen (15) consecutive days and one (1) 15-day extension may be granted administratively by the City Administrator or their designee if no complaints have been received. When requested as part of a building permit, temporary storage units and temporary refuse containers are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of the end of construction or upon expiration of the building permit whichever is sooner;

   C.   Container Size: Temporary refuse containers can be no larger than twenty three feet (23') long, eight feet (8') in width and seven feet (7') in height;

   D.   Unit Size: Temporary storage units can be no larger than twenty feet (20') long, eight feet (8') in height and ten feet (10') in width;

   E.   Control Of Contents; Overloading: Temporary refuse containers must control contents at all times; and containers, regardless if they are associated with a building permit, filled in excess of the height of the container, must be emptied within five (5) calendar days;

   F.   Placement Surface: Except when new residential construction is occurring, temporary storage units and refuse containers must be placed on an approved paved surface and cannot be placed, kept, maintained and/or stored on grass while actively being utilized;

   G.   Location In Right-Of-Way: Temporary storage units and refuse containers are not permitted on/in a public right-of-way and cannot obstruct sight lines of pedestrians or vehicles, or impact required parking. The only exception is a temporary storage unit or refuse container may be placed within a public right-of-way if it is scheduled to be picked up, but only if it will not inhibit or obstruct sight lines of pedestrians or vehicles, but in no instance can any temporary storage unit or refuse container be located, stored or maintained within any public right-of-way for more than five (5) working days;

   H.   Uses; Contents: Temporary storage units may be used for temporary storage of personal goods and belongings. Units may not be used for occupancy, sleeping, housing of animals, storage of firearms, storage of hazardous, toxic or flammable materials or storage of materials which are otherwise unlawful to possess;

   I.   Maintenance: Temporary storage units shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times; also temporary storage units must be equipped with a locking device;

   J.   Temporary Use Permit; When Required: Any temporary storage unit or refuse container not meeting any of these applicable regulations requires a temporary use permit and City Council approval.

   K.   Enforcement And Penalties: Any person, corporation, firm, or partnership found guilty of violating any provision of Title 11, Chapter 8, Article A, section 11-8A-5, shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day that a violation continues shall be considered a separate offense.

(Ord. 13-1655; amd. Ord. 23-26, 5-15-2023)

The purpose of these districts is to recognize, preserve and protect the present character of existing single-family residential neighborhoods and to provide for the development of new neighborhoods in accordance with contemporary residential development standards.

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

The regulations for these districts are as provided in sections 11-8D-1 and 11-8D-2 of this chapter, tables 1 and 2.

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

The purpose of this residential land use is to provide land outside of the intensely developed portions of the City for low density estate single-family residences of not less than one acre.

(Ord. 91-553)

The purpose of this district is intended to provide in existing and newly developing outlying areas for a single-family detached residential environment characterized by large lots.

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

The purpose of this district is intended to provide in existing and newly developing outlying areas for a single-family detached residential environment characterized by medium sized large lots.

(Ord. 01-786)

The purpose of this district is intended to provide in existing and newly developing areas for a single- family detached residential environment characterized by medium sized lots.

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

The purpose of this district is intended to provide for the appropriate zoning of existing single-family neighborhoods in the City and to provide areas for new single-family detached dwellings in an environment characterized by innovative designs, maintenance of natural features and topography, preservation of open space, and provision of amenities to serve residents.

(Ord. 91-553; amd. Ord. 05-861)

The purpose of this district is intended to provide for the appropriate zoning of existing single-family neighborhoods in the City developed years ago under less stringent development standards.

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

The purpose of these districts is to provide for a variety of housing types suited to the differing age groups and lifestyles of present and future City residents in a way that most effectively controls the impacts on the environment and public services created by high population densities.

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

The regulations for these districts are as provided in sections 11-8D-1 and 11-8D-2 of this chapter, tables 1 and 2.

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

The purpose of this district is intended to:

   A.   Provide for intermediate housing types and densities between single-family detached and apartment development in order to further a balanced distribution of nonsingle-family detached housing in the City.

   B.   Provide for intermediate density residential development in locations where apartment buildings would not be compatible.

   C.   Provide in a flexible manner for numbers and sizes of dwelling units that will produce approximate population densities of up to twenty (20) persons per acre in such dispersed locations as will produce minimal conflict with single-family areas.

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

The purpose of this district is primarily intended to provide in a flexible manner for numbers and sizes of dwelling units that will produce approximate population densities of up to twenty six (26) persons per acre in locations along major arterial streets and near centers of activity.

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

The purpose of this district is primarily intended to provide in a flexible manner for numbers and sizes of dwelling units that will produce approximate population densities of up to thirty one (31) persons per acre in areas where the compatibility of high densities can be assured by means of special review under conditional use procedures.

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

   TABLE 1

   RESIDENTIAL DISTRICT REQUIREMENTS

 

Notes:

Single-family detached dwellings in RA and RM Districts shall meet the same requirements as provided in the RS-3 District for such dwellings.

   *    Or 10 percent of the width of the lot, whichever is less.

      1.    For uses also permitted in RA Districts only. No minimum lot width per dwelling unit shall be required for other uses permitted in RM Districts.

      2.    Required front and required corner side yard frontages for any lot abutting an arterial street designated in the City Comprehensive Plan or in an annexation agreement or subdivision plat and not qualifying under exceptions in general district regulations.

      3.    Plus 2 feet for each 1 foot of building height over 35 feet, where maximum height restriction permits.

      4.    Side yard requirements for attached dwelling units shall not apply where the unit is attached to another unit at the side lot line.

      5.    See section 11-8D-2, table 2 in this article for permitted and conditional uses by group.

      6.    Subject to the provisions of chapter 15, “Conditional Uses”, or 11, “Integrated Design District”, of this title.

      7.    Alleys are not permitted in the E Estate District.

      8.    Exclude Lots 20 - 43, 71 - 83 and 139 - 151 of the final plat of subdivision of Patriot Estates (duplex lots) dated January 9, 2006, and recorded in the Office of the Recorder of Deeds, McHenry County, Illinois on November 3, 2006 as document 2006R0081409 from a minimum side yard setback requirement of 15 feet to a minimum side yard setback of 7 feet.

(Ord. 86-382, 12-22-1986; amd. Ord. 88-455; Ord. 88-456; Ord. 91-553; Ord. 96-647; Ord. 01-786; Ord. 04-846; Ord. 05-866; Ord. 06-878; Ord. 19-1201, 7-15-2019)

Group A:    Permitted uses in all Residential Districts:

Apiculture/beekeeping as an accessory use, subject to the regulations of section 11-6-21 of this title.

Accessory uses, buildings and structures to all permitted uses in the district, including off street parking and loading and signs as provided in chapter 12 of this title, and title 10, chapter 20 of this Code.

Community Residence.

Home occupations.

Parks, playgrounds, forest preserves, wildlife sanctuaries and other publicly owned open space.

Permitted public uses, as defined in section 11-3-1 of this title.

Single-family detached dwellings.

Streets and alleys.

Temporary buildings or trailers for construction purposes for a period not to exceed the period of construction.

Wireless communication facilities, provided they are located on an existing structure, subject to the regulations of section 11-6-15 of this title.

(Ord. 86-382, 12-22-1986; amd. Ord. 88-457; Ord. 06-889; Ord. 22-47, 8-15-2022; Ord. 23-32, 6-5-2023)

Group B:    Conditional uses in all Residential Districts:

Accessory uses, buildings and structures to all conditional uses in the district, including off street parking and loading and signs as provided in chapter 12 of this title and title 10, chapter 20 of this Code.

Assembly uses.

Bed and breakfast establishments. Bed and breakfast establishments shall also comply with renter occupancy requirements of this Code.

Cemeteries.

Conditional public uses, as defined in section 11-3-1 of this title.

Golf courses and country clubs.

Institutional uses.

Integrated Design Districts.

Planned Unit Development.

Residential Care Facility.

(Ord. 06-903; amd. Ord. 88-457; Ord. 09-978; Ord. 12-1059; Ord. 22-26, 4-5-2022; Ord. 22-47, 8-15-2022)

Group C:    Permitted uses in RA and RM Residential Districts:

In unit groupings of six (6) or fewer dwelling units:

Single-family attached dwellings, as defined in section 11-3-1 of this title.

Townhouses, as defined in section 11-3-1 of this title.

Group D: Permitted uses only in RM Residential Districts:

Multiple-family dwellings, as defined in section 11-3-1 of this title.

Two-family dwellings that are not townhouses, as defined in section 11-3-1 of this title.

Group E: Conditional uses only in RM Residential Districts:

Mobile home parks, as defined in section 11-3-1 of this title.

Mobile home subdivisions, as defined in section 11-3-1 of this title.

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