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Mchenry County Unincorporated
City Zoning Code

CHAPTER 16

04: TITLE, PURPOSE, AND APPLICABILITY

§ 16.04.010 TITLE.

   This Ordinance and the official Zoning District Maps, are known and may be cited and referred to as the “McHenry County Unified Development Ordinance,” “Unified Development Ordinance” or “Ordinance.”
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.1; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

§ 16.04.020 PURPOSE.

   Pursuant to the Counties Code (55 ILCS 5/5-12001 et seq.), as amended, the purpose of the Unified Development Ordinance is:
   A.   To promote the public health, safety, morals, and welfare.
   B.   To conserve the values of property throughout the County.
   C.   To lessen or avoid the congestion in the public streets and highways.
   D.   To lessen or avoid the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters.
   E.   To preserve and maintain the unique and irreplaceable natural resources within McHenry County and the environmental benefits of open space, clean air, clean water (rivers, streams, lakes, and wetlands), groundwater recharge, and wildlife preservation.
   F.   To direct the timely and orderly development of McHenry County.
   G.   To preserve and maintain the unique and irreplaceable historic buildings and resources of McHenry County.
   H.   To implement the policies of the McHenry County 2030 Comprehensive Plan.
   I.   To implement the policies of the McHenry County Water Resources Action Plan.
   J.   To implement the policies of the McHenry County Green Infrastructure Plan.
   K.   To implement the policies of watershed plans that have been accepted or adopted by the County Board.
   L.   To implement the policies of the McHenry County 2040 Long Range Transportation Plan.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

§ 16.04.030 APPLICABILITY.

   A.   Territorial Application. All land within the corporate limits of the County of McHenry, Illinois, excluding land lying within incorporated municipalities that have adopted a zoning ordinance, is bound by the provisions of this Ordinance.
   B.   General Prohibition. Unless otherwise provided by this Ordinance, any portion or whole of any structure or land shall be used and occupied, and any structure, in whole or in part, shall be constructed, moved, enlarged or structurally altered in conformity with the provisions of this Ordinance.
   C.   Private Agreements. This Ordinance is not intended to nullify any private agreement, easement, covenant, or restriction. However, where this Ordinance is more restrictive than a private agreement, easement, covenant, or restriction, this Ordinance controls. The County does not enforce private agreements, easements, covenants, or restrictions.
   D.   Conflicting Laws and Regulations. Unless otherwise provided by this Ordinance, this Ordinance controls over less restrictive statutes, ordinances, or regulations to the extent permitted by law. More restrictive statutes, ordinances, or regulations control over the provisions of this Ordinance. It is the property owner’s responsibility to comply with all other applicable statutes, ordinances, or regulations. Whenever any provision of this ordinance overlaps, contradicts, or covers the same subject matter as any other provision of this ordinance, the more restrictive or higher standard shall control.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.3; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-202208-ZBA-031, passed 8-16-2022)

§ 16.04.040 TRANSITION RULES.

   In determining the applicability of this Ordinance, with respect to the previously applicable zoning regulations, the following rules apply.
   A.   Existing Unlawful Structures and Uses. A structure or use that is unlawful at the time of the adoption of this Ordinance, but is made legal by the provisions of this Ordinance, is deemed lawful as of the effective date of this Ordinance. However, if such structure or use does not conform with every requirement of this Ordinance, then that structure or use remains unlawful.
   B.   Existing Uses.
      1.   If property is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance, and that use is now classified as a conditional use as of the effective date of this Ordinance, it is deemed a nonconforming use. Such uses are allowed to continue and are controlled by the provisions of Chapter 16.80 (Nonconformities). However, any addition, enlargement, or expansion of the use is required to obtain a conditional use permit prior to the addition, enlargement, or expansion.
      2.   If property is used in a manner that was classified as a conditional use prior to the effective date of this Ordinance, and that use is now classified as a permitted use as of the effective date of this Ordinance, that use is deemed a lawful permitted use. However, any subsequent addition, enlargement, or expansion of that use is required to conform to any Ordinance requirements for such permitted use.
   C.   Uses Rendered Nonconforming. If property is used in a manner that was a lawful use prior to the effective date of this Ordinance, or if the property owner can document to the satisfaction of the Zoning Enforcement Officer that an agricultural, single- or two-family residential, or residential accessory use existed prior to March 1, 2005, regardless of if such agricultural, single- or two-family residential, or residential accessory use was lawful at the time of establishment, and this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a legal nonconforming use and is controlled by the provisions of Chapter 16.80 (Nonconformities).
   D.   Structures Rendered Nonconforming. If an existing structure conformed to the standards of this Ordinance prior to the effective date of this Ordinance, or if the property owner can document to the satisfaction of the Zoning Enforcement Officer that an agricultural, single- or two-family residential, or residential accessory structure existed prior to March 1, 2005, regardless of if such agricultural, single- or two-family residential, or residential accessory structure conformed to standards of this Ordinance at the time of construction, and such structure does not meet all standards set forth in this Ordinance, that structure is deemed a legal nonconforming structure and is controlled by the provisions of Chapter 16.80 (Nonconformities).
   E.   Previously Issued or Pending Building Permits. If a building permit has been applied for or issued prior to the effective date of this Ordinance, the permit shall be issued and construction may occur in accordance with the permit. The structure may be nonconforming under this Ordinance.
   F.   Previously Granted Conditional Use Permits and Variations.
      1.   All conditional use permits and variations granted prior to the effective date of this Ordinance remain in full force and effect. The recipient of the conditional use permit or variation may proceed to develop the property in accordance with the approved plans and any applicable conditions. However, if the recipient has failed to act on the conditional use permit or variation before the approval expires, including any periods of extension granted, the provisions of this Ordinance control.
      2.   Subject to § 16.16.050H. (Expiration of Approved Conditional Use Permits), conditional use permits granted prior to the effective date of this Ordinance may be renewed regardless if the use is prohibited under § 16.32.060 (Zoning District Uses) and Table 16.32-1. Applications pursuant to this section may include requests for an expansion of the conditional use, or an amendment to the limiting conditions of the conditional use. Nothing in this section shall prevent the County from denying a conditional use renewal, expansion, or amendment submitted pursuant to this section.
      3.   If the application of the use standards of this Ordinance for the renewal application will result in an unreasonable hardship to the applicant, the use standards of this Ordinance shall not be a basis for denial. If the hardship is caused by an expansion or amendment of the conditional use being renewed, it can be denied for failure to comply with the use standards in this Ordinance.
   G.   Pending Zoning Applications. If a zoning application for a rezoning or conditional use permit has been applied for prior to the effective date of this Ordinance, the application may continue under the ordinance in effect at the time of application. The use or structure may be nonconforming under this Ordinance.
   H.   Pending Subdivision Applications. If a subdivision application has been applied for prior to the effective date of this Ordinance, the application may continue under the ordinance in effect at the time of application.
   I.   Continuation of Previous Enforcement Actions. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions, undertaken by the County, pursuant to previous and valid ordinances and laws.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

§ 16.04.050 SEVERABILITY.

   A.   If any section, paragraph, subdivision, clause, sentence, or provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this Ordinance. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.
   B.   If any court of competent jurisdiction rules invalid the application of any section, paragraph, subdivision, clause, sentence or provision of this Ordinance to a particular property, structure, or use, that ruling shall not affect the application of the ordinance provisions to any property, structure, or use not specifically included in the judgment.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.5; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

§ 16.04.060 EFFECTIVE DATE.

   The effective date of this Ordinance is October 22, 2014.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.6; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

§ 16.04.070 AMENDMENT AND REPEAL OF PREVIOUS ORDINANCES.

   A.   The McHenry County Zoning Ordinance (O-200009-ZBA-067, 9/19/2000) is comprehensively amended, and its terms are stricken.
   B.   The following ordinances and any amendments thereto, are repealed:
      1.   McHenry County Subdivision Ordinance (R-8002-02-15, 2/19/1980).
      2.   McHenry County Sign Ordinance (O-200502-10-011, 2/1/2005).
      3.   Addendum to the McHenry County Subdivision Ordinance - Conservation Design Developments: Standards and Procedures (O-200802-10-007, 2/19/2008).
      4.   McHenry County Telecommunication Carriers Ordinance (O-9804-ZBA-33, 4/21/1998).
      5.   McHenry County Groundwater Monitoring and Protection at Earth Extraction Sites Ordinance (O-9211-2200-77, 11/24/1992).
      6.   McHenry County Camp Ground Ordinance (5/9/1967).
      7.   McHenry County Agricultural Trailer Affidavit Ordinance (O-200208-10-061, 8/20/2002).
      8.   McHenry County Street Addressing Resolution (R-8008-02-58, 9/19/1980).
      9.   Trailer Coach Park and Motel Control Law (7/9/1957).
   C.   The adoption of this Ordinance does not affect nor prevent any pending or future prosecution of or action to abate any existing violation of the above ordinances, if the violation is also a violation of this Ordinance.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 1.7; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)