The purpose of this chapter is to outline the different zoning districts within this Unified Development Ordinance and establish the Official Zoning Map.

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

   In order to carry out the purpose and intent of this Ordinance, the unincorporated area of McHenry County, Illinois, is divided into the following zoning districts:

   A.   Agricultural Zoning Districts

      1.   A-1 Agriculture District

      2.   A-2 Agriculture District

   B.   Residential Zoning Districts

      1.   E-5 Estate District

      2.   E-3 Estate District

      3.   E-2 Estate District

      4.   E-1 Estate District

      5.   R-1 Single-Family Residential District

      6.   R-2 Two-Family Residential District

      7.   R-3 Multifamily Residential District

   C.   Commercial Zoning Districts

      1.   B-1 Neighborhood Business District

      2.   B-2 Neighborhood Business District

      3.   B-3 General Business District

   D.   Office and Industrial Zoning Districts

      1.   O Office/Research District

      2.   I-1 Light Industrial District

      3.   I-2 Heavy Industrial District

   E.   Overlay Zoning Districts

      1.   Sensitive Aquifer Recharge Areas (SARA) Overlay District

      2.   Class III Special Resource Groundwater Protection Areas Overlay District

      3.   Legacy Waterfront Neighborhood Overlay 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, § 8.2; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

   A.   The Official Zoning Map of McHenry County, Illinois, is incorporated into this Unified Development Ordinance.

   B.   The following rules are used to determine the precise location of any zoning district boundary shown on the Official Zoning Map.

      1.   Boundaries shown as following or approximately following the limits of any municipal corporation or McHenry County are construed as following such limits.

      2.   Boundaries shown as following or approximately following streets are construed as following the centerlines of such streets.

      3.   Boundary lines shown as following or approximately following platted lot lines or other property lines as designated in the official County plat books are construed as following such lines.

      4.   Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines are construed as following such lines.

      5.   Boundaries shown as following or approximately following railroad lines are construed to lie midway between the main track of such railroad line.

      6.   Boundaries shown as following or approximately following shorelines of any lakes are construed as following the mean high water lines of such lakes. In the event of change in the mean high water line, boundaries are construed as moving with the actual mean high water line.

      7.   Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses are construed as following the channel centerline of such watercourses taken at mean low water line. In the event of a natural change in the location of such streams, rivers, or other watercourses, the boundary is construed as moving with the channel centerline.

      8.   Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in this section, are construed to be parallel to such features and from such distance as shown on the map. Distances not specifically indicated on the map are determined by the scale of the map.

   C.   All streets, alleys, public ways, and railroad rights of way, if not otherwise specifically designated, are deemed to be in the same zoning district as the property immediately abutting said streets, alleys, public ways, and railroad rights of way.

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

   Any land located now or in the future outside of municipalities or villages not shown to be included in a zoning district on the Official Zoning Map is deemed to be in the A-1 District. Unclassified land is subject to the requirements of the A-1 District, unless otherwise rezoned or controlled by a court decision.

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

   A.   The provisions of this Ordinance do not apply to land located within rights-of-way dedicated to the state, county, or township for public road use. The applicable management agency may have regulations that apply to such public rights-of-way.

   B.   The provisions of this Ordinance do not apply to uses, buildings, or structures, including poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, hydrants, valves, water supply wells, or any other similar distributing equipment, of a public utility as defined in the Public Utilities Act (220 ILCS 5/), if the public utility is subject to the Messages Tax Act (35 ILCS 610/), the Gas Revenue Tax Act (35 ILCS 615/), or the Public Utilities Revenue Act (35 ILCS 620/), or if such facilities or equipment are located on any rights-of-way and are used for railroad purposes.

      1.   This exemption does not include: permanent aboveground structures used for distribution to consumers of communications, wireless telecommunications structures; amateur radio towers; solar panels; or, wind turbines. Additionally, the exemption does not extend to entities that do not meet the definition of a public utility in the Public Utilities Act (220 ILCS 5/), including utilities owned and operated by any political subdivision, public institution of higher education, or municipal corporation; private companies for the distribution of water or disposal of sewage; and any qualifying facility as defined in the Public Utility Regulatory Policies Act (PURPA—16 US Code Ch. 46). All such structures must comply with this Ordinance and any other applicable County ordinances.

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

   A.   A “P” indicates that a use is permitted within that district.

   B.   A “C” indicates that a use is a conditional use in that district and must obtain a conditional use permit approval.

   C.   A “T” indicates that a use is a temporary use in that district and must obtain a temporary use permit approval.

   D   No letter, or the absence of the use from the table, indicates that use is not permitted within that district.

   E.   Certain uses are defined to be inclusive of many uses in order to eliminate an overly detailed lists of uses. When a use meets a specific definition, it is regulated as such and it shall not be regulated as a generic use. A use that is not specifically listed in a zoning district, does not fall within a use definition, or is interpreted pursuant to § 16.20.070 (Zoning Interpretations) as not part of a use definition, is prohibited.