McHenry County, IL Accessory Structures: ADU Rules (2026)
ADU rules in McHenry County, IL, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- ADUs per lot
- One ancillary dwelling unit maximum
- Bedroom cap
- No more than 2 bedrooms
- Footprint cap
- 900 sq ft for detached units
- Height limit
- 35 feet for detached units
- Occupancy rule
- Lot must remain owner-occupied
- Penalty
- $100-$500 per week, separate offense
Summary
Unincorporated McHenry County allows one ancillary dwelling unit per lot under UDO § 16.56.030O, attached to the house or built as a freestanding structure. The lot must stay owner-occupied, the unit is capped at two bedrooms and a 900-square-foot footprint, and mobile homes or RVs cannot serve as the unit. Detached units cap out at 35 feet and follow the same setbacks as the principal home.
O. Dwelling Unit, Ancillary. ... 5. Ancillary dwelling units shall be limited to no more than 2 bedrooms. 6. Ancillary dwelling units shall not exceed the size and scope of the principal residence. 7. Lots or parcels containing an ancillary dwelling unit shall be owner occupied. The owner may reside in either the principal residence or the ancillary dwelling unit. No one else shall occupy the owner's unit when the owner is not residing on the property. The homestead exemption per 35 ILCS 200/15-175 could be used as evidence for this requirement. 8. Only one ancillary dwelling unit is allowed per lot or parcel. 9. One (1) parking space shall be provided for an ancillary dwelling unit in addition to that required for the principal dwelling. 10. Detached ancillary dwelling units shall be no more than thirty-five (35) feet in height, measured in accordance with § 16.60.010.F.1.a. 12. The maximum square footage of the footprint of a detached ancillary dwelling unit shall not exceed 900 square-feet. 13. Mobile home trailers and recreational vehicles are prohibited from being used as an ancillary dwelling unit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).
Full Breakdown
McHenry County's Unified Development Ordinance treats an ancillary dwelling unit (ADU) as its own use category under § 16.56.030O, not an ordinary accessory structure, and allows exactly one per lot or parcel (O.8). The unit may attach to the principal dwelling or stand alone (O.3), but it cannot exceed the size and scope of the principal residence (O.6) and is capped at two bedrooms (O.5). A detached ADU's footprint may not exceed 900 square feet (O.12), its height is limited to 35 feet as measured under § 16.60.010.F.1.a (O.10), and it must meet the same setback table that governs the principal structure, Table 16.36-1 (O.11).
The lot must remain owner-occupied: the owner may live in either the main house or the ADU, but no one besides the owner may occupy the owner's unit whenever the owner is off the property, and the county points to the homestead exemption under 35 ILCS 200/15-175 as evidence of that occupancy (O.7). Every ADU must satisfy building code and McHenry County Department of Health well and septic requirements (O.4), and one additional off-street parking space is required beyond what the principal dwelling already needs (O.9).
Mobile home trailers and recreational vehicles are flatly barred from serving as an ADU (O.13). ADUs that existed when this Ordinance was adopted are grandfathered as nonconformities under Chapter 16.80 or under whatever conditional use permit originally authorized them, and can be brought into full compliance by seeking a variation on any noncompliant standard (O.1). A property owner who disputes a Zoning Enforcement Officer's ruling on an ADU can pursue an administrative variation under § 16.20.020E.2 or a zoning variation before the County Board under § 16.20.020E.3.
Violations & Fines
Building or occupying an ADU that breaks any of these standards is a zoning violation under § 16.84.010, a petty offense carrying a fine of $100 to $500, with each week the violation continues counted as a separate offense. The County may also sue in circuit court under § 16.84.020 to force compliance, halt occupancy, or abate the violation, and any owner, tenant, contractor, or agent who participates can be charged and fined separately for the same violation.
Frequently Asked Questions
Can I rent out my McHenry County ADU to someone other than family?
How big can a detached ADU be in unincorporated McHenry County?
Can I put a mobile home or RV in my backyard as an ADU?
What happens if my existing ADU doesn't meet the current standards?
Sources & Official References
Other rules in McHenry County
Compare McHenry County to another location·View the Illinois accessory structures overview
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