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Mchenry City Zoning Code

CHAPTER 9

COMMERCIAL DISTRICTS

11-9-1: REGULATIONS:

The regulations for these districts are as provided in section 11-9-7, “Tables”, of this chapter.
(Ord. 86-382, 12-22-1986)

11-9-2: C-1 CONVENIENCE COMMERCIAL DISTRICT:

The purpose of this district is intended to provide convenient access to goods and services close to residential areas in a manner that is environmentally compatible with such areas. To accomplish this intent, the district provides close to home locations for a very limited range of frequently patronized establishments providing convenience goods and services that predominantly serve only the immediate neighborhood. It is intended that such uses will create minimal land use incompatibility with surrounding residential areas.
(Ord. 86-382, 12-22-1986)

11-9-3: C-2 NEIGHBORHOOD COMMERCIAL DISTRICT:

The purpose of this district is intended to provide locations for a broader selection of convenience goods and services and a limited selection of shoppers goods in locations serving more than one neighborhood.
(Ord. 86-382, 12-22-1986)

11-9-4: C-3 COMMUNITY COMMERCIAL DISTRICT:

The purpose of this district is intended to provide locations for a broad selection of convenience and comparison shoppers goods and services in centralized and highly accessible locations that serve the entire City and surrounding areas.
(Ord. 86-382, 12-22-1986)

11-9-5: C-4 DOWNTOWN COMMERCIAL DISTRICT:

The purpose of this district is intended to provide appropriate standards for development in the City’s older central business areas and to reflect and protect the existing character of those areas.
(Ord. 86-382, 12-22-1986)

11-9-6: C-5 HIGHWAY COMMERCIAL DISTRICT:

The purpose of this district is intended to provide locations for highway oriented commercial uses, businesses having large space needs, and other establishments offering goods and services that are less frequently purchased.
(Ord. 86-382, 12-22-1986)

11-9-7: TABLES:

TABLE 1
COMMERCIAL DISTRICT REQUIREMENTS
Zoning District
C-1
C-2
C-3
C-4
C-5
Zoning District
C-1
C-2
C-3
C-4
C-5
Minimum lot area in square feet
-
-
-
-
-
Minimum lot width in feet
-
-
-
-
-
Along arterial street1
200
200
200
-
200
Minimum required front yard depth or corner side yard width in feet2
30
30
30
-
30
Minimum interior side yard:
 
 
 
 
 
Width in feet2
10
10
10
-
10
Adjacent to Residential District2
20
20
20
-
25
Minimum rear yard:
 
 
 
 
Depth in feet2
15
15
15
-
15
Adjacent to Residential District2
30
30
30
-
30
Maximum floor area ratio
0.5
1.0
2.0
3.0
1.0
Permitted use groups3
A
A, C
A, C, E
C, E, G
C, E, G, I
Conditional use groups4
B
B, D
B, D, F
B, D, F, H
B, D, F, H, J
Parking and loading
As provided in chapter 12 of this title
Landscaping and screening
As provided in chapter 13 of this title
Performance standards
As provided in chapter 17 of this title
Signs
As provided in title 10, chapter 20 of this Code
Other requirements
As provided in general district regulations
 
Notes:
      1.    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, except for lots meeting requirements under exceptions in general district regulations.
      2.    Plus 2 feet for each 1 foot of building height over 35 feet.
      3.    See table 2 of this section for permitted and conditional uses by group.
      4.    Subject to the provisions of chapter 15, “Conditional Uses”, or 11, “Integrated Design District”, of this title.
(Ord. 86-382, 12-22-1986; amd. Ord. 93-606; Ord. 94-630; Ord. 96-647; Ord. 05-866)
TABLE 2
PERMITTED AND CONDITIONAL USES IN COMMERCIAL DISTRICTS
Uses are listed alphabetically within groups.
Group A: Permitted uses in all Commercial Districts:
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.
Automated teller machines.
Beauty shops, barber shops and hair styling salons.
Candy, ice cream, popcorn, nut and yogurt stores.
Currency exchanges.
Drug stores.
Dry cleaners and laundries (processing to be done off site) and laundromats.
Food and grocery stores under five thousand (5,000) square feet, convenience marts, meat markets, fish markets, dairy stores, health food stores and bakeries, with no food preparation on premises.
Liquor stores (package goods only).
Newspaper, magazine, and tobacco shops.
Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries and other publicly owned open spaces.
Permitted public uses, as defined in section 11-3-1 of this title.
Restaurants, eat in or carry out; delicatessens, retail bakeries, donut shops and convenience marts with limited food preparation on premises; including restaurants with or without indoor entertainment, as defined in section 11-3-1 of this title, but not including drive-in restaurants, as defined in section 11-3-1 of this title.
Streets and alleys.
Temporary buildings or trailers for construction purposes for a period not to exceed the duration 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. 06-889; Ord. 12-1059; Ord. 15-1113)
Group B: Conditional uses in all Commercial 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.
Air rights development.
Assembly uses.
Automobile fueling stations.
Cemeteries.
Conditional public uses, as defined in section 11-3-1 of this title.
Golf courses and country clubs, private.
Institutional uses.
Integrated Design Districts.
Planned Unit Development.
(Ord. 86-382, 12-22-1986; amd. Ord. 93-606; Ord. 94-630; Ord. 07-947; Ord. 09-978; Ord. 12-1059; Ord. 22-26, 4-5-2022)
Group C: Additional permitted uses in C-2 and higher numbered Commercial Districts:
Card and gift stores.
Clothing repair, hat repair and shoe repair stores and tailor shops.
Domestic appliance repair shops.
Domestic appliance stores, including radio, television, stereo, video, lighting, clock and music stores.
Financial institutions, including banks, savings and loan associations, and commercial loan offices. Financial institutions, including banks, savings and loan associations, and commercial loan offices (“financial use”) shall only be permitted in the C-5 Highway Commercial District where: a) the financial use possesses fee simple title or is party to an executed real estate sales contract to purchase fee simple title to property for a financial use within the district, upon the effective date of this title; and b) subject to the financial use obtaining a City building permit within two (2) years from the effective date of this title to construct such financial use.
Florist shops.
Insurance offices.
Jewelry and watch sales and repair stores.
Medical, dental and optometry offices.
Newspaper distribution agencies for home delivery and retail trade.
Office, stationery, school, art and graphics supply stores.
Optician sales, retail.
Outdoor storage associated with a permitted or conditional use. Outdoor storage is prohibited in the C-4 Downtown Commercial District.
Paint, tile and wallpaper stores.
Photo processing stores (except kiosks).
Print shops with six (6) or fewer employees.
Real estate offices.
Supermarkets.
Tax preparation offices.
Ticket offices, theater and amusement.
Travel agencies.
Yard goods stores.
(Ord. 86-382, 12-22-1986; amd. Ord. 04-847; Ord. 07-947; Ord. 23-8, 2-6-2023)
Group D: Additional conditional uses in C-2 and higher numbered Commercial Districts:
Child daycare centers, as defined in section 11-3-1 of this title.
Drive-in establishments, as defined in section 11-3-1 of this title.
Game rooms, as defined in section 11-3-1 of this title.
Kiosk, a single freestanding, with not more than fifty (50) square feet of floor area, on the same lot as all or a portion of a shopping center, and used for any permitted or conditional use in its district.
Parking, off street, lots, public garages or storage garages as a principal use.
Recreational institutions, as defined in section 11-3-1 of this title.
Taverns and bars without indoor entertainment, as defined in section 11-3-1 of this title.
(Ord. 86-382, 12-22-1986; amd. Ord. 12-1059; Ord. 15-1113)
Group E: Additional permitted uses in C-3 and higher numbered Commercial Districts:
Adult-use cannabis dispensing organizations. Adult-use cannabis businesses are prohibited in the C-4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480.
Adult-use cannabis craft grow, transportation, processing, and infusion businesses when co-locating with an adult-use cannabis dispensing organization. Adult-use cannabis businesses are prohibited in the C-4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480.
Animal hospitals.
Antique shops.
Art shops or galleries, but not including auction rooms.
Automobile part and accessory stores.
Bicycle sales, rental and repair shops.
Blueprinting and photostating establishments.
Bookstores or book and stationery stores.
Business machine sales, rental and service.
Camera and photographic supply stores.
Camping equipment sales.
Carpet and rug stores (retail sales).
Catering establishments.
China and glassware stores.
Clothing and shoe stores.
Coin and philatelic stores.
Computer sales and rental.
Custom dressmaking establishments.
Department stores, junior department stores and discount department stores.
Drive-In Establishments when not abutting a residential district. Drive-in establishments shall require a Conditional Use Permit in the C-4 Downtown Commercial District.
Employment agencies.
Exterminating services.
Frozen food stores, including locker rental.
Furniture stores, including upholstery when conducted as part of the retail operations and secondary thereto.
Furrier shops, including the incidental storage and conditioning of furs.
Garden supply, tool, and seed stores, including lawn mower, snow blower, and snowmobile sales and service.
Hardware stores.
Health clubs, as defined in section 11-3-1 of this title.
Hobby and craft shops.
Hotels and motels.
Interior decorating shops, including upholstery and the making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary thereto.
Kennels, pet grooming and veterinary offices.
Laboratories, medical, dental, research and testing.
Leather goods and luggage stores.
Locksmith shops.
Millinery and textile shops.
Movie and video game rental and sales.
Music stores.
Musical instrument sales and repair.
Offices, business and professional.
Offices, governmental, political and institutional.
Orthopedic and medical appliance stores (retail sales only).
Pawnshops.
Pet shops.
Photography studios, including the development of film when conducted as part of the retail business.
Picture framing shops.
Post offices.
Produce markets.
Schools, commercial, for music, dance, business or trade.
Secondhand stores and rummage shops.
Sewing machine sales and service.
Sporting goods stores.
Tanning salons.
Taxidermists.
Theaters, indoor.
Toy stores.
Travel bureaus.
Group F: Additional conditional uses in C-3 and higher numbered Commercial Districts:
Dry cleaning plant and laundry with processing to be performed on site.
Indoor amusement establishments, including bowling alleys, pool halls, commercial swimming pools and skating rinks.
Mortuaries, as defined in section 11-3-1 of this title.
Printing and publishing plants.
Radio and television towers.
Group G: Permitted uses in C-4 and higher numbered Commercial Districts:
Body art establishment.
Dwelling units above the ground floor in buildings with a ground floor in nonresidential use.
Off street parking lots, public garages or storage garages as principal uses.
Plazas and public spaces.
Radio and television stations and studios.
Recording studios.
Tourist information and hospitality centers.
Group H: Conditional uses in C-4 and higher numbered Commercial Districts:
Bed and breakfast establishments. Bed and breakfast establishments shall also comply with renter occupancy requirements of this Code. Bed and breakfast establishments shall comply with parking requirements for a bed and breakfast use and not in accordance with the C-4 Zoning District parking requirements.
Group I: Additional permitted uses in C-5 District:
Adult-use cannabis craft grow, transportation, processing, and infusion cannabis businesses when co-locating with an adult-use cannabis dispensing organization.
Building materials and products sales.
Contractors and construction offices.
Electrical showrooms and shops.
Equipment rental.
Fuel and ice sales.
Fuel storage, bulk.
Golf courses and country clubs, private.
Greenhouses and nurseries.
Monument sales (no open sales lot).
Motor vehicle, trailer, and mobile home repair shops.
Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers, recreational vehicles, mobile homes, motorcycles, motor scooters and mopeds.
Plumbing and heating sales.
Sewer cleaning and rodding service.
Swimming pool sales (no open sales lot).
Vape stores.
Water softener service.
(amd. Ord. 22-47, 8-15-2022; Ord. 23-8, 2-6-2023)
Group J: Additional conditional uses in C-5 District:
Adult businesses, as defined in section 11-3-1 of this title.
Adult-use cannabis craft grow, transportation, processing, and infusion businesses when not co-locating with a dispensing organization. Adult-use cannabis businesses are prohibited on Main Street from Crystal Lake Road to IL-31 and the Core-Downtown Sub Area as identified in the Core-Downtown Sub-Area Plan approved by ORD-09-1480.
Automobile washes and detailing facilities.
Crematories.
Machinery sales.
Medical cannabis dispensing organization, as defined in section 11-3-1 of this title.
Mini-warehouses.
Model home and garage displays.
Motor vehicle body shops.
Open sales lots, as defined in section 11-3-1 of this title, as a principal or accessory use.
Outdoor amusement establishments, including archery ranges, miniature golf and similar facilities.
Towing businesses.
(Ord. 86-382, 12-22-1986; amd. Ord. 93-602; Ord. 93-606; Ord. 94-630; Ord. 04-846; Ord. 06-903; Ord. 07-947; Ord. 12-1059; Ord. 14-1094; Ord. 15-1113; Ord. 19-1206, 10-7-2019; Ord. 21-3, 1-18-2021; Ord. 21-38, 7-19-2021; Ord. 21-54, 10-18-2021; Ord. 22-47, 8-15-2022; Ord. 23-8, 2-6-2023; Ord. 25-21, 4-7-2025)

11-9-8: PENALTY:

   Any person, corporation, firm, or partnership found guilty of violating any provision of this chapter shall be fined according to the Fines and Penalties found it 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. 23-37, 7-17-2023)