[Prior code § 17.0206(4)(a)]
Description. Office land uses include all exclusively indoor
land uses whose primary functions are the handling of information
or administrative services. Such land uses do not typically provide
services directly to customers on a walk-in or on-appointment basis.
[Prior code § 17.0206(4)(b)]
Description. Personal service and professional service land
uses include all exclusively indoor land uses whose primary function
is the provision of services directly to an individual on a walk-in
or on-appointment basis. Examples of such uses include professional
services, insurance or financial services, realty offices, medical
offices and clinics, veterinary clinics, barber shops, beauty shops,
and related land uses.
[Prior code § 17.0206(4)(c)]
Description. Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "Outdoor Display Incidental to Indoor Sales" under "Accessory Uses" in the Table of Land Uses (Section 17.20.070). A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use (see Section 17.12.040). Artisan craft production such as consumer ceramics, custom woodworking, or other production activities directly associated with retail sales are regulated as "light industrial uses incidental to retail sales" (see Section 17.20.100).
[Prior code § 17.0206(4)(d)]
Description. Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. (See Chapter 17.14, also.) (Land uses which conduct or display only a limited amount of product outside of an enclosed building, are listed separately in Section 17.20.070 as "Outdoor Display Incidental to Indoor Sales.") Outdoor display uses which are not associated with a principal structure or use are typically referred to as general temporary outdoor sales or seasonal temporary outdoor sales per Sections 17.22.010 or 17.22.030.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (SC, UI):
1.
The display of items shall not be permitted in permanently protected
green space areas, required landscaped areas, or required bufferyards;
2.
The display of items shall not be permitted within required setback
areas for the principal structure;
3.
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 17.66.040. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present;
4.
Display areas shall be separated from any vehicular parking or circulation
area by a minimum of 10 feet. This separation shall be clearly delimited
by a physical separation such as a greenway, curb, fence, or line
of planters, or by a clearly marked paved area:
5.
Signs, screenage, enclosures, landscaping, or materials being displayed
shall not interfere in any manner with either on-site or off-site
traffic visibility, including potential traffic/traffic and traffic/pedestrian
conflicts;
6.
Outdoor display shall be permitted during the entire calendar year,
however, if goods are removed from the display area all support fixtures
used to display the goods shall be removed within 10 calendar days
of the goods' removal;
7.
Inoperative vehicles or equipment, or other items typically stored
or displayed in a junkyard or salvage yard, shall not be displayed
for this land use;
[Prior code § 17.0206(4)(e)]
Description. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use (see Section 17.12.070).
[Prior code § 17.0206(4)(f)]
Description. Outdoor maintenance services include all land uses
which perform maintenance services, including repair, and have all,
or any portion, of their operations located outside of an enclosed
building.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (UI):
D.
Parking regulations: one space per 300 square feet of gross floor
area.
[Prior code § 17.0206(4)(g)]
Description. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use (see Section 17.20.080).
A.
Permitted by right: not applicable.
B.
Special use regulations: (UI):
1.
Clearly marked pedestrian crosswalks shall be provided for each walk-in
customer access to the facility adjacent to the drive-through lane(s);
2.
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement, or exacerbate
the potential for pedestrian/vehicular conflicts;
3.
In no instance shall a drive-through facility be permitted to operate
which endangers the public safety, even if such land use has been
permitted under the provisions of this title;
4.
The setback of any overhead canopy or similar structure shall be
a minimum of 10 feet from all street rights-of-way lines, a minimum
of 20 feet from all residentially-zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy of similar structure shall not exceed
20 feet as measured to the highest part of the structure;
5.
All vehicular areas of the facility shall provide a surface paved
with concrete or bituminous material which is designed to meet the
requirements of a minimum four-ton axle load;
6.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.68.100);
7.
Interior curbs shall be used to separate driving areas from exterior
fixtures such as fuel pumps, vacuums, menu boards, canopy supports
and landscaped islands. The curbs shall be a minimum of six inches
high and be of a nonmountable design. No curb protecting an exterior
fixture shall be located closer than 25 feet to all property lines;
C.
Conditional use regulations (NC, SC, CC, SI):
1.
Clearly marked pedestrian crosswalks shall be provided for each walk-in
customer access to the facility adjacent to the drive-through lane(s);
2.
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement, or exacerbate
the potential for pedestrian/vehicular conflicts;
3.
In no instance shall a drive-through facility be permitted to operate
which endangers the public safety, even if such land use has been
permitted under the provisions of this title;
4.
The setback of any overhead canopy or similar structure shall be
a minimum of 10 feet from all street rights-of-way lines, a minimum
of 20 feet from all residentially-zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy of similar structure shall not exceed
20 feet as measured to the highest part of the structure;
5.
All vehicular areas of the facility shall provide a surface paved
with concrete or bituminous material which is designed to meet the
requirements of a minimum four-ton axle load;
6.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.68.100);
7.
Interior curbs shall be used to separate driving areas from exterior
fixtures such as fuel pumps, vacuums, menu boards, canopy supports
and landscaped islands. The curbs shall be a minimum of six inches
high and be of a nonmountable design. No curb protecting an exterior
fixture shall be located closer than 25 feet to all property lines;
D.
Parking regulations: one space per 50 square feet of gross floor
area. Each drive-up lane shall have a minimum stacking length of 100
feet behind the pass through window and 40 feet beyond the pass through
window.
[Prior code § 17.0206(4)(h)]
Description. Indoor commercial entertainment land uses include
all land uses which provide entertainment services entirely within
an enclosed building. Such activities often have operating hours which
extend significantly later than most other commercial land uses. Examples
of such land uses include restaurants, taverns, theaters, health or
fitness centers, all forms of training studios (dance, art, martial
arts, etc.) bowling alleys, arcades, roller rinks, and pool halls.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (NC, SC, CC, SI):
1.
If located on the same side of the building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property;
D.
Parking regulations: one space per every three patron seats or lockers
(whichever is greater); or one space per three persons at the maximum
capacity of the establishment; (whichever is greater).
[Prior code § 17.0206(4)(i)]
Description. Outdoor commercial entertainment land uses include
all land uses which provide entertainment services partially or wholly
outside of an enclosed building. Such activities often have the potential
to be associated with nuisances related to noise, lighting, dust,
trash and late operating hours. Examples of such land uses include
outdoor commercial swimming pools, driving ranges, miniature golf
facilities, amusement parks, drive-in theaters, go-cart tracks, and
racetracks.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (A-1, UI):
1.
Activity areas shall not be located closer than 300 feet to a residentially
zoned property;
2.
Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (Section 17.68.100);
3.
Activity areas (including drive-in movie screens) shall not be visible
from any residentially-zoned property;
D.
Parking regulations: one space for every three patron seats at the
maximum capacity of the establishment.
[Prior code § 17.0206(4)(j)]
Description. Commercial animal boarding facility land uses include
land uses which provide short-term and/or long-term boarding for animals.
Examples of these land uses include commercial kennels and commercial
stables. Exercise yards, fields, training areas, and trails associated
with such land uses are considered accessory to such land uses and
do not require separate consideration. Animal boarding facilities
and activities which, except for parking are completely and continuously
contained indoors, are subject to a separate set of regulations (see
Subsection D of this section).
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (A-1) (See Subsection D of this section for SC):
1.
A maximum of one animal unit per acre of fully enclosed outdoor area
(and a maximum of five dogs, cats or similar animals) shall be permitted;
2.
The minimum permitted size of horse or similar animal stall shall
be 100 square feet;
3.
The following setbacks shall be required in addition to those of
the zoning district:
a.
No activity area, including pastures or runs, shall be located
closer than 10 feet to any property line.
b.
Any building housing animals shall be located a minimum of 300
feet from any residentially zoned property.
c.
A vegetative strip at least 100 feet wide shall be maintained
between any corral, manure pile, or manure application area and any
surface water or well in order to minimize runoff, prevent erosion,
and promote nitrogen absorption;
4.
Special events such as shows, exhibitions, and contests shall only
be permitted when a special events permit has been secured;
E.
Parking regulations: one space per every 1,000 square feet of gross
floor area.
[Prior code § 17.0206(4)(k)]
Description. Commercial indoor lodging facilities include land
uses which provide overnight housing in individual rooms or suites
of rooms, each room or suite having a private bathroom. Such land
uses may provide in-room or in-suite kitchens, and may also provide
indoor recreational facilities for the exclusive use of their customers.
Restaurant, arcades, fitness centers, and other on-site facilities
available to nonlodgers are not considered accessory uses and therefore
require review as a separate land use.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (SC, CC, SI):
1.
If located on the same side of a building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property;
D.
Parking regulations: one space per bedroom, plus one space for each
employee on the largest work shift.
[Prior code § 17.0206(4)(1)]
Description. Bed and breakfast establishments are exclusively
indoor lodging facilities which provide meals only to paying lodgers.
Such land uses may provide indoor recreational facilities for the
exclusive use of their customers.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (A-1, RS-1, RS-2, RS-3, RD, RM, NC, CC):
1.
All such facilities shall be required to obtain a permit to serve
liquor, if applicable. They shall be inspected annually at a fee as
established by a separate ordinance, to verify that the land use continues
to meet all applicable regulations;
2.
One sign, with a maximum area of 20 square feet, shall be permitted
on the property;
3.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.68.100);
4.
No premises shall be utilized for a bed and breakfast operation unless
there are at least two exits to the outdoors from such premises. Rooms
utilized for sleeping shall have a minimum size of 100 square feet
for two occupants with an additional 30 square feet for each additional
occupant to a maximum of four occupants per room. Each sleeping room
used for the bed and breakfast operation shall have a separate operational
smoke detector alarm, as required in the Darien Building Code. One
lavatory and bathing facility shall be required for every 10 occupants,
in addition to the owner/occupants personal facilities;
5.
The dwelling unit in which the bed and breakfast takes place shall
be the principal residence of the operator/owner and the operator/owner
shall live on the premises when the bed and breakfast operation is
active;
6.
Only the meal of breakfast shall be served to overnight guests;
7.
Each operator shall keep a list of names of all persons staying at
the bed and breakfast operation. This list shall be kept on file for
a period of one year. Such list shall be available for inspection
by Village officials at any time;
8.
The maximum stay for any occupants of a bed and breakfast operations
shall be 14 days;
9.
It is unlawful for any persons to operate a bed and breakfast operation
as defined and as permitted in the Municipal Code of the Village of
Darien without first having obtained a conditional use permit;
10.
Application Requirements. Applicants for a license to operate
a bed and breakfast shall submit a floor plan of the single-family
dwelling unit illustrating that the proposed operation will comply
with the Village zoning ordinance as amended, other applicable Village
codes and ordinances, and within the terms of this title;
11.
Consideration of Issuance. After application duly filed with
the Clerk for a license under this chapter, Plan Commission review
and recommendation for a conditional use permit, the board shall hold
a public hearing and determine whether any further license shall be
issued based upon the public convenience and necessity of the people
in the Village. In the board's determination of the number of
bed and breakfast operations required to provide for such public convenience
and necessity, the board shall consider the effect upon residential
neighborhoods, conditions of existing holders of licenses, and the
necessity of issuance of additional licenses for public service;
12.
Public Nuisance Violations. Bed and breakfast operations shall
not be permitted whenever the operation endangers, or offends, or
interferes with the safety or rights of others so as to constitute
a nuisance;
13.
Suspension. Revocation and Renewal. Any license issued under
the provisions of this title may be revoked by the Village Board for
good cause shown after investigation and opportunity to the holder
of such license to be heard in opposition thereto; in such investigation
the compliance or noncompliance with the state law and local ordinances,
the conduct of the licensee in regard to the public, and other consideration
shall be weighed in determination of such issue;
D.
Parking regulations: one space per each bedroom.
[Prior code § 17.0206(4)(m)]
Description. Group day care centers are land uses in which qualified
persons provide child care services for nine or more children. Examples
of such land uses include day care centers and nursery schools. Such
land uses shall not be located within a residential building. Such
land uses may be operated on a for profit or a not-for-profit basis.
Such land uses may be operated in conjunction with another principal
land use on the same environs, such as a church, school, business,
or civic organization. In such instances, group day care centers are
not considered as accessory uses and therefore require review as a
separate land use.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (RD, RM, NC, SC, CC, SI, UI):
1.
Facility shall provide a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Section 17.68.100);
2.
Shall comply with Section 17.72.040, standards and procedures applicable to all conditional uses;
3.
Property owner's permission is required as part of the conditional
use permit application.
D.
Parking regulations: one space per five students, plus one space
for each employee on the largest work shift.
[Prior code § 17.0206(4)(n)]
Description. Campgrounds include any facilities designed for
overnight accommodation of persons in tents, travel trailers, or other
mobile or portable shelters or vehicles.
[Prior code § 17.0206(4)(o)]
Description. Boarding homes include any residential use renting
rooms which do not contain private bathroom facilities (with the exception
of approved bed and breakfast facilities).
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (RM, NC, SC, CC):
1.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.68.100);
2.
Shall provide a minimum of one on-site parking space for each room
for rent;
3.
Shall be located in an area of transition from residential land uses
to nonresidential land uses;
D.
Parking regulations: one space per room for rent, plus one space
per each employee on the largest work shift.
[Prior code § 17.0206(4)(p)]
Description. Sexually-oriented land uses include any facility
oriented to the display of sexually-oriented materials such as videos,
movies, slides, photos, books, or magazines; or actual persons displaying
and/or touching sexually specified areas. For the purpose of this
section, "sexually specified areas" includes any one or more of the
following: genitals, anal area, female areola or nipple; and "sexually-oriented
material" includes any media which displays sexually specified area(s).
Note: The incorporation of this section into this title is designed
to reflect the Village Board's official finding that sexually-oriented
commercial uses have a predominant tendency to produce certain undesirable
secondary effects on the surrounding community, as has been demonstrated
in other, similar jurisdictions. Specifically, the Village Board is
concerned with the potential for such uses to limit the attractiveness
of nearby locations for new development, the ability to attract and/or
retain customers, and the ability to market and sell nearby properties
at a level consistent with similar properties not located near such
facilities. It is explicitly not the intent of this section to suppress
free expression by unreasonably limiting alternative avenues of communication,
but rather to balance the need to protect free expression opportunities
with the need to implement the Village's comprehensive master
plan and protect the character and integrity of its commercial and
residential neighborhoods.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations: (UI):
1.
Shall be located a minimum of 1,000 feet from any agriculturally
zoned property or residentially zoned property; and shall be located
a minimum of 1,000 feet from any school, church, or outdoor recreational
facility;
2.
Exterior building appearance and signage shall be designed to ensure
that use does not detract from the ability of businesses in the vicinity
to attract customers, nor affect the marketability of properties in
the vicinity for sale at their assessed values;
D.
Parking regulations: one space per 300 square feet of gross floor
area, or one space per person at the maximum capacity of the establishment
(whichever is greater).
