Mchenry County Unincorporated
City Zoning Code

CHAPTER 16

36: AGRICULTURAL ZONING DISTRICTS

§ 16.36.010 ZONING DISTRICTS PURPOSE STATEMENTS.

A. Agricultural Zoning Districts. Properties in agricultural zoning districts are located in areas where land is used for commercial agricultural production. Owners, residents, and other users of property in or adjoining these districts may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Therefore, owners, occupants, and users of property within and adjacent to these areas should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that the Illinois “Right to Farm Law” (Farm Nuisance Suit Act 740 ILCS 70/) may bar them from obtaining a legal judgement against such normal agricultural operations.

1. Purpose of A-1 Agriculture District. The intent of the A-1 Agriculture District is to permit agricultural purposes and activities. Residences are allowed on large agricultural parcels within the County. The standards of the A-1 District promote the continuation of farming and protect agricultural land uses from the encroachment of incompatible uses.

2. Purpose of A-2 Agriculture District. The intent of the A-2 Agriculture District is to permit individual single-family residences within agricultural portions of the County. All residences within this district must be compatible with surrounding agricultural operations, and must maintain, preserve, and enhance agricultural activities. Any zoning map amendments to the A-2 District must meet the standards of § 16.36.020 (A-2 District Rezoning Standards).

B. Residential Zoning Districts.

1. Purpose of the E-5 Estate District. The intent of the E-5 Estate District is to accommodate single-family residences on a minimum of five (5) acres that, due to topography and location, are well suited for single-family use. The E-5 District is intended to be located in close proximity to municipalities or historic town centers where infrastructure and services are readily accessible, to encourage the compact and contiguous development policy of the 2030 Plan, and shall take into consideration the densities of the adjacent municipality.

2. Purpose of the E-3 Estate District. The intent of the E-3 Estate District is to accommodate single-family residences on a minimum of three (3) acres that, due to topography and location, are well suited for single-family use. The E-3 District is intended to be located in close proximity to municipalities or historic town centers where infrastructure and services are readily accessible, to encourage the compact and contiguous development policy of the 2030 Plan, and shall take into consideration the densities of the adjacent municipality.

3. Purpose of the E-2 Estate District. The intent of the E-2 Estate District is to accommodate single-family residences on a minimum of two (2) acres that, due to topography and location, are well suited for single-family use. The E-2 District is intended to be located in close proximity to municipalities or historic town centers where infrastructure and services are readily accessible, to encourage the compact and contiguous development policy of the 2030 Plan, and shall take into consideration the densities of the adjacent municipality.

4. Purpose of the E-1 Estate District. The intent of the E-1 Estate District is to accommodate single-family residences on a minimum of one (1) acre that, due to topography and location, are well suited for single-family use. The E-1 District is intended to be located in close proximity to municipalities or historic town centers where infrastructure and services are readily accessible, to encourage the compact and contiguous development policy of the 2030 Plan, and shall take into consideration the densities of the adjacent municipality.

5. Purpose of the R-1 Single-Family Residential District. The intent of the R-1 Single-Family Residential District is to accommodate a single-family residential use on lots a minimum of one-half (½) acre in size. The R-1 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible.

6. Purpose of the R-2 Two-Family Residential District. The intent of the R-2 Two-Family Residential District is to accommodate both single-family and two-family residential uses on lots a minimum of one (1) acre in size. The R-2 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible.

7. Purpose of the R-3 Multifamily Residential District. The intent of the R-3 Multifamily Residential District is to provide for multifamily residential use in areas where central utilities, facilities, and services exist. The R-3 District is for areas of higher residential density, located in close proximity to municipalities or historic town centers where services are available and more accessible.

C. Commercial Districts.

1. Purpose of the B-1 Neighborhood Business District. The intent of the B-1 Neighborhood Business District is to provide access to commercial uses for adjacent residential areas, satisfying the basic shopping or service needs of residents. Dwellings are permitted above or behind ground-floor commercial uses to allow for a mixed-use environment.

2. Purpose of the B-2 Neighborhood Business District. The intent of the B-2 Neighborhood Business District is to provide access to commercial uses for adjacent residential areas, satisfying the basic shopping or service needs of residents, and to accommodate businesses that serve alcoholic beverages for consumption on-site, as well as package liquor sale. Dwellings are permitted above or behind ground-floor commercial uses to allow for a mixed-use environment.

3. Purpose of the B-3 General Business District. The intent of the B-3 General Business District is to accommodate commercial uses that cater to the needs of the population from the larger region. The B-3 District allows more intense non-residential uses, which are often larger in scale and typically generate truck traffic. Dwellings are permitted above or behind ground-floor commercial uses to allow for a mixed-use environment.

D. Office and Industrial Districts.

1. Purpose of the O Office/Research District. The intent of the O Office/Research District is to accommodate office and research facilities and other related non-manufacturing activities in a campus-like environment. The O District is generally located near or adjacent to municipalities. Dwellings are permitted above or behind ground-floor office uses to allow for a mixed-use environment.

2. Purpose of the I-1 Light Industrial District. The purpose of the I-1 Light Industrial District is to provide for a wide variety of light manufacturing, fabricating, processing, research, wholesale distributing, and warehousing uses. Light industrial uses are enclosed low-intensity, non-nuisance light fabrication, and assembly-type manufacturing, as well as research facilities with little to no outside impacts. The industrial zoning districts are generally located away from residential development and near transportation facilities and municipalities. Dwellings are permitted above or behind ground-floor light industrial uses to allow for a mixed-use environment, typically for caretaker residences.

3. Purpose of the I-2 Heavy Industrial District. The purpose of the I-2 Heavy Industrial District is to provide for a wide variety of general manufacturing, fabricating, processing, wholesale distributing, and warehousing uses. General industrial uses include fabrication, warehousing, and assembly-type manufacturing, as well as office and research facilities, which may result in some moderate external effects such as smoke, noise, glare, or vibration, and typically include outdoor storage and related outdoor activities. The industrial zoning districts are generally located away from residential development and near transportation facilities and municipalities.

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

§ 16.36.020 A-2 DISTRICT REZONING STANDARDS.

In addition to meeting the standards for a map amendment in § 16.20.010 (Zoning Map and Text Amendment), all rezonings to the A-2 District must meet the following additional requirements:

A. Only property in the A-1 District is eligible for rezoning to the A-2 District.

B. The subject property shall have an existing lawfully constructed residential dwelling on the property. Mobile homes, agricultural trailers, and agriculture employee housing do not qualify under this standard.

C. The zoning petition shall be restricted to a single existing or proposed parcel.

D. The subject property shall meet one (1) of the following three (3) relevant exemptions from the Plat Act (765 ILCS 205/ et seq.) as amended. In the event that the Plat Act is amended, the provisions of the Illinois Compiled Statutes shall control.

1. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access.

2. The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access.

3. The sale of a single lot of less than five (5) acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor, provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land.

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

§ 16.36.030 ZONING DISTRICT USES.

A. Table 16.32-1: Zoning District Uses lists permitted, conditional, and temporary uses for the zoning districts of this Ordinance.

B. Development in these districts must meet McHenry County Department of Health requirements for septic suitable soils or other wastewater disposal systems approved by the Department of Health.

C. As a condition of approval of a building permit for a new residential structure for any lot or parcel of land not subdivided, a developer is required to comply with the requirements of § 16.76.100 (School Donation Requirements) as if the lot or parcel were subdivided.

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

§ 16.36.040 BULK AND SETBACK REGULATIONS.

A. Table 16.36-1 : Zoning Districts Bulk and Setback Regulations establishes bulk and setback regulations for zoning districts. Development is also subject to the standards of § 16.60.010 (General Development Standards).

TABLE 16.36-1: ZONING DISTRICTS BULK AND SETBACK REGULATIONS (PRINCIPAL STRUCTURES)

Minimum Lot Area

Minimum Lot Frontage1

Maximum Building Height

Maximum Building Coverage

Max.
Impervious Surface2

Minimum Street Setback3, 4

Minimum Interior Side Setback4,6

Minimum Rear
Setback6

Flag- or Land-Locked Lot/Parcel Perimeter Setback5,6

Agricu lture

Resid ence

All Other

Agricu lture

All Other

A-1

None

40ac

1ac

330'

None

35'

None

30' from ROW or 65' from the centerline if no dedicate d right-of-way exists or as allowed by §16.60. C.1.a.

30'

A -1

A-2

None

1ac

Lots up to 2ac: 150'

Lots 2-3ac: 175'

Lots 3-5ac: 250'

Lots 5+ac: 330'

Lots up to 2ac: 30%

Lots 2-3ac: 20%

Lots 3-5ac: 15%

Lots 5+ac: 10%

20'

A -2

E-5

5ac

330'

35'

10%

50%

30'

E- 5

E-3

3ac

250'

15%

20'

E- 3

E-2

2ac

175'

20%

E- 2

E-1

1ac

150'

35%

20'

E- 1

R-1

0.5ac

100'

35'

30%

50%

30' from RO W or as allo wed by § 16.60.C.1.a.

10'

20'

R -1

R-2

1ac

150'

20'

R -2

R-3

2ac + 0.25 ac for each du above 4

175'

38'

60%

R -3

B-1

0.5ac

100'

35'

35%

65%

30'

10'

20'

B -1

B-2

1ac

150'

B -2

B-3

1ac

150'

B -3

0.5ac

100'

40'

35%

65%

30'

When abutting agricultural or residential zoning districts: 30'

All other: 10'

All other: 20'

I-1

1ac

150'

40'

40%

70%

30'

When abutting any non- industrial zoning district (excluding O): 75'

I- 1

All other: 10'

All other: 20'

I-2

When abutting any non- industrial zoning district (excluding O): 100'

I- 2

All other: 10'

All other: 20'

1 Lots located on cul-de-sacs may have a lot frontage of not less than 50% of the district standard or 75-feet, whichever is greater.

2 Additional restrictions on impervious surface coverage apply in the SARA and Class III Overlay Districts.

3 The minimum street setback shall be at least ninety (90) feet from the centerline of a Regional Transportation Corridor as identified in Appendix D.

4 Refer to § 16.80.050D. for reduced setbacks for nonconforming lots.

5 For a flag or a land-locked lot or parcel, the setback is measured from the main building site, excluding the narrow corridor access strip or any access easement.

6 Increased side, rear, and flag-lot/parcel perimeter setbacks when abutting certain districts applies to both principal and accessory structures.

(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, § 9.4; 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)

§ 16.36.050 GENERAL STANDARDS OF APPLICABILITY.

A. Accessory Structures and Uses. See § 16.56.050 (Accessory Structure and Use Standards) for permissions and standards for accessory structures and uses.

B. Permitted Encroachments. See Chapter 16.60 (Site Development Standards) for permissions and standards for encroachments into required yards.

C. Off-Street Parking and Loading. See Chapter 16.64 (Off-Street Parking and Loading) for off-street parking and loading requirements and standards.

D. Landscape. See Chapter 16.60 (Site Development Standards) for landscape requirements and standards.

E. Signs. See Chapter 16.72 (Signs) for sign permissions and standards.

F. Sewage Disposal. See the McHenry County Public Health Ordinance.

G. Water Supply. See the McHenry County Public Health Ordinance.

H. Stormwater Management. See McHenry County Stormwater Management Ordinance.

I. Access Management. See McHenry County Access Control and Right-of-Way Management 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, § 9.5; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)