Overlay zoning districts create special controls in certain areas of the County that have special characteristics or development issues. The intent of an overlay district is to provide common controls over areas that require a specific type of zoning control in addition to the regulations of the base zoning district.

(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, § 13.1; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   Unless modified by the overlay district regulations, the regulations of the base zoning district apply.

(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, § 13.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

      1.   SARA Overlay District Mapping. Mapping of the SARA Overlay District is established by the McHenry County Water Resources Action Plan, adopted on October 18, 2011, and as may be amended from time to time. Said map is included as Appendix B of this Ordinance for reference.

         a.   A property owner may submit legal descriptions or survey data documenting the location of their property relative to the location of a Class III Special Resources Groundwater Protection area as designated by the Illinois Pollution Control Board for the purpose of documenting that their property is not located within a Class III Special Resources Groundwater Protection area. If the Zoning Enforcement Officer concurs with the information submitted by the property owner, the provisions of the Class III Overlay District do not apply to the property.

      1.   The following types of pollution control facilities are prohibited:

         a.   Radioactive waste sites.

         b.   Municipal solid waste landfills.

         c.   Special or hazardous waste landfills.

      2.   Clean construction and demolition debris facilities, as defined by the State of Illinois are prohibited unless the following standards are met:

         a.   The use shall comply with all state regulations and permit requirements.

         b.   Quarterly groundwater sampling shall be conducted by Illinois licensed professional engineers or Illinois licensed professional geologists. The Zoning Enforcement Officer shall approve the groundwater monitoring plan.

      3.   Permanent asphalt/concrete batch plants are prohibited unless the following standards are met:

         a.   The use shall comply with all state regulations and permit requirements.

         b.   Quarterly groundwater sampling shall be conducted by Illinois licensed professional engineers or Illinois licensed professional geologists. The Zoning Enforcement Officer shall approve the groundwater monitoring plan. This criteria can be satisfied if the asphalt/concrete batch plant is located within an earth extraction and/or mining site with an approved groundwater monitoring plan.

      4.   Salvage yards are prohibited unless the following standards are met:

         a.   A salvage yard shall be located, conformed, drained, and managed so that it will not constitute a source of water pollution.

         b.   A pollution prevention plan is required and shall be approved by the County, and shall comply with all local, federal, and state environmental rules and regulations.

      5.   Class V underground injection wells, as defined by the State of Illinois, are prohibited, unless the following standards are met:

         a.   Dry wells may be installed as part of an approved stormwater management facility if designed, installed, and maintained in accordance with the McHenry County Stormwater Management Ordinance, including any applicable requirements for pretreatment of stormwater runoff.

         b.   On-site wastewater treatment systems may be installed if designed, installed, and maintained in accordance with the McHenry County Public Health Ordinance.

         c.   Geothermal systems may be installed if designed, installed, and maintained in accordance with the applicable County building codes, state plumbing, and state water well construction codes.

      6.   Manufacturing and warehouse facilities that store any hazardous substance identified in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in quantities equal to or greater than their reportable quantity as identified in Title 40: Protection of Environment, § 302.4: Designation of hazardous substances, are prohibited, unless said hazardous substances are for earth extraction and/or mining or agricultural purposes.

      1.   When the property to be developed includes SARA Overlay District or any Class III Special Resource Areas Overlay District, the following standard applies:

         a.   The maximum impervious surface coverage is limited to the lesser of the maximum impervious surface area allowed in the zoning district or fifty percent (50%), but in no case shall more than fifty percent (50%) of the SARA Overlay District area on site be made impervious.

      2.   When the property to be developed contains any Class III Special Resource Areas Overlay District, the property owner shall submit the proposed development plans to the Illinois Environmental Protection Agency prior to the site plan review process.

(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, §§ 13.3, 13.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A.   Purpose. McHenry County contains several unincorporated areas, including waterfront and water-adjacent residential subdivisions and neighborhoods, that developed prior to the introduction of zoning and subdivision standards. The legacy of the historical pattern of development in these areas are thousands of lots that do not conform with current zoning district size and frontage requirements. The Legacy Neighborhood (LN) Overlay District is intended to accommodate redevelopment and rehabilitation of residential structures on nonconforming lots and parcels created before the effective date of this Ordinance, which are the result of historical patterns of development, by providing supplemental development standards. Application of LN Overlay District supplemental standards does not affect allowed principal uses, which are controlled by the base zoning district or § 16.80.030 (Nonconforming Uses), as applicable.

      1.   For a lot or parcel to be eligible for the LN Overlay District supplemental standards, it must meet the following criteria.

         a.   The lot or parcel must be located within a LN Overlay District mapped area (see Appendix B).

         b.   The lot or parcel must be a nonconforming lot or parcel (per § 16.80.050) in an A-1 Agricultural Zoning District or an R-1 or R-2 Residential Zoning District.

         c.   The lot or parcel must contain, as a principal structure, a residence that was present as of the effective date of this Ordinance (October 22, 2014).

      2.   Lots and parcels are ineligible for the LN Overlay District supplemental standards if any of the following apply.

         a.   The lot or parcel does not meet all of the criteria of § 16.52.040B.1.

         b.   The lot or parcel has been joined with adjacent lots or parcels under common ownership by means of deed restriction or development that extends from one lot or parcel onto the next and which together do not meet all of the criteria of § 16.52.040B.1.

         c.   The lot or parcel has lost its eligibility. In such cases, the criteria of § 16.52.040B.1. were initially met, but are not at present. This can occur when a lot or parcel: is no longer within a LN Overlay District area due to subsequent map revisions; is split, subdivided, or rezoned; or when the residence is removed without providing notice to rebuild concurrently with a demolition permit application or within 90 days of involuntary destruction.

      3.   Any development on an ineligible lot or parcel must conform all standards of the base zoning district or obtain the required variance(s).

 

         a.   Structure height, measured at the highest point of the roof, is limited to fourteen (14) feet for a flat or mansard roof design and eighteen (18) feet for a pitched roof design for new construction. Existing structures may be replaced at the existing structure height, per § 16.52.040C.1.

         b.   Accessory structures are prohibited in an effective street yard, unless any of the following criteria are met:

            i.   The accessory structure is located a minimum of fifty (50) feet from the street lot line.

            ii.   The accessory structure is a detached garage on a waterfront lot or parcel located a minimum of thirty (30) feet from the street lot line, or, it meets the average setback of existing detached garages on the same side of the blockface when sixty percent (60%) of that blockface is developed. For blockfaces that extend more than six hundred (600) feet, only the lots located within three hundred (300) feet of either side of the lot shall be considered. In no case shall a setback be reduced to less than ten (10) feet from the street lot line.

            iii.   The accessory structure is a solid fence on a waterfront lot or parcel, no more than six (6) feet in height, and located no closer to the street than a detached garage which is nonconforming or complies with the above setback requirements. In no case shall a setback be reduced to less than ten (10) feet from the street lot line.

         c.   A garage may be erected on a vacant non-contiguous property directly across the street from a waterfront lot or parcel containing the residence to which it is an accessory when a deed restriction has been recorded stating that the two lots or parcels shall not be sold separately unless the garage is first removed from the property. Minimum setback requirements established in this section shall apply.

(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, § 13.5, 13.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-201911-ZBA-057, passed 11-19-2019; Ord. O-202201-ZBA-002, passed 1-18-2021)

      1.   For a lot or parcel to be eligible for the Bay View Beach on the Fox River Subdivision Overlay District supplemental standards, it must meet the following criteria:

         a.   The lot or parcel must be located within the Bay View Beach on the Fox River Subdivision Overlay District mapped area (see Appendix B)

         b.   The lot or parcel must have been recorded in the McHenry County Recorder's Office prior to March 4, 2025.

         a.   Accessory structures which were constructed prior to March 4, 2025, may be replaced, altered, or rehabilitated so long as the new structure does not exceed the footprint. height. and setbacks of the existing accessory structure, when such development does not comply with Table 16.52-2: Bay View Beach on the Fox River Overlay District Bulk and Setback Regulations.

         b.   Accessory structures which do not meet §16.52.050.C.1.a requirements must comply with Table 16.52-2: Bay View Beach on the Fox River Overlay District Bulk and Setback Regulations.

      3.   Structures may be rehabilitated, replaced, altered, or expanded so long as such development complies with Table 16.52-2: Bay View Beach on the Fox River Subdivision Overlay District Bulk and Setback Regulations.