§ 16.52.040  LEGACY NEIGHBORHOOD OVERLAY DISTRICT.
   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.
   B.   Eligibility of Lots and Parcels.
      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).
   C.   LN Overlay District Supplemental Standards. LN Overlay District supplemental standards are a set of allowances and flexibilities affecting standards for development, the rules for nonconforming structures, and the rules for accessory structures. Owners of eligible lots or parcels (see § 16.52.040B.) may either follow the LN Overlay District supplemental standards or the standards established by the base zoning district regarding construction, alteration, or rehabilitation of structures. The two sets of development standards cannot be used in combination.
      1.   Supplemental Standards for All Structures. Existing structures which were lawfully constructed, or which qualify as a nonconforming structure per § 16.80.040A., may be replaced, altered, or rehabilitated so long as the new structure does not exceed the footprint, height, and setbacks of the existing structure, when such development does not comply with Table 16.52-1: LN Overlay District Bulk and Setback Regulations.
      2.   Supplemental Standards for Principal Structures. Principal structures may be rehabilitated, replaced, altered, or expanded so long as such development complies with Table 16.52-1: LN Overlay District Bulk and Setback Regulations.
 
TABLE 16.52-1:  LN OVERLAY DISTRICT BULK & SETBACK REGULATIONS
Principal Structures
Accessory Structures
BULK REGULATIONS
Maximum Building Height
35’
See § 16.52.040C.3.a.
Maximum Building Coverage1
30%
Maximum Impervious Surface
50%
SETBACK REGULATIONS - All measurements are to the closest point of the structure.
Minimum Street Setback
See § 16.60.010C.1.a..
See § 16.52.040C.3.b.
Minimum Corner Side Setback
20’
See § 16.52.040C.3.b.
Minimum Interior Side Setback
5’
5’
Minimum Waterfront Side Setback2
0’
0’
Minimum Combined Side Setback
Lesser of 15’ or 30% of lot width
n/a
Minimum Rear Setback
10’
5’
Minimum Waterfront Rear Setback2
0’
0’
Minimum Space Between Buildings At Side/Rear Lot Line3
10’
7’
Flag Lot/Parcel or Land-Locked Lot/Parcel Perimeter Setback4
10’
5’
1   Calculated by excluding all lot area in floodway.
2   Subject to 16.60.010.C.3.a
3   As measured from building wall.
4   For a flag or a land-locked lot or parcel, the setback is measured at perimeter of the main building site and excludes the narrow corridor access strip or any access easement.
 
      3.   Supplemental Standards for Accessory Structures.  Accessory structures may be rehabilitated, replaced, altered, or expanded so long as such development complies with Table 16.52-1 and the following criteria.
         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)