[Prior code § 17.0206(8)]
Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. With the exception of a commercial apartment (see Section 17.20.020), or a farm residence (see Section 17.20.030), in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard.
[Prior code § 17.0206(8)(a)]
Description. Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use (as designated in Chapter 17.12) most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.
A.
Permitted by right: (CC).
B.
Special use regulations: not applicable.
C.
Conditional use regulations (NC, SC):
1.
The gross floor area devoted to commercial apartments shall be counted
toward the floor area of a nonresidential development;
2.
A minimum of one off-street parking space shall be provided for each
bedroom within a commercial apartment. Parking spaces provided by
non-residential land uses on the site may be counted for this requirement
with the approval of the Zoning Administrator;
[Prior code § 17.0206(8)(b)]
Description. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Chapter 17.08.
[Prior code § 17.0206(8)(c); amended by Ord. 218,
2003; Ord. 227, 2005; 9-22-2014 by Ord. No. 288; 6-19-2017 by Ord. No. 303; 6-20-2022 by Ord. No. 321]
Carports, garages and accessory structures are permitted within
the Village of Darien, subject to the Municipal Code of the Village
and the following requirements:
A.
Fee and Permits. A permit fee as established, and amended from time
to time, by the Village of Darien Board shall be paid upon filing
and application for a permit to the Village Clerk, or any individual
designated to accept such application, for the erection or construction,
in whole or in part, of any carport, garage, or accessory structure.
Any person erecting or constructing any such structure, in whole or
in part, shall obtain a building permit and pay the permit fee. It
shall be unlawful for any owner, contractor or agent of the homeowner
to erect or construct, in whole or in part, any such structure without
having first obtained a permit and paid the appropriate fee. Permits
required for temporary accessory structures shall be valid for no
more than two years from the date issued.
B.
Application. Application for a permit shall be made in writing on
a form prescribed by the Village Clerk and shall be made by the owner
of the subject property, his or her agent or by a licensed contractor
employed in connection with the proposed work. The application shall
contain:
1.
The address of the applicant and the subject property;
2.
A detailed drawing showing the specifications for the carport, garage
or accessory structure and compliance with other requirements and
ordinances;
3.
A detailed site drawing showing the location of the proposed accessory
structure, residence, fences, adjacent residences and accessory structures,
with all relevant distances noted; and
4.
Any other information deemed necessary by the Village Zoning Administrator.
C.
Existing Carports, Garages, and Accessory Structures. Where a lawful
carport, garage, or accessory structure exists at the effective date
of this section, such structure may continue to exist so long as it
remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered unless a variance is
granted.
2.
Should a structure be removed, for any reason, it may be replaced
only in conformity with the provisions of this section.
3.
Should a structure be damaged or destroyed, it shall be removed and/or
replaced in conformity with the provisions of this section.
D.
Setbacks. No carports, garages or accessory structures may be placed
within a front yard of any property. All carports, garages and accessory
structures must comply with all applicable setback requirement of
the zoning district within which they lie but in no case be closer
than five feet to any side or rear property line. If a single-family
or two-family residence has an existing or proposed front yard setback
greater than the required minimum setback of this chapter, then a
detached carport, garage, or accessory structure may not be located
closer to the front lot line than the existing residence or 100 feet,
whichever is less.
E.
Openings. Carports shall be permanently open on three sides.
F.
Parking Surface. Carports are not required to be located over a permanent
hard impevious surface. However, any proposed parking surface is subject
to the remaining provisions of the Village Code and approval of the
Village Zoning Administrator. Garages and accessory structures shall
include a permanent hard imperious surface for parking.
G.
Property Coverage or Allowances. There shall be no more than one
carport per dwelling unit. There shall be no more than a total of
two accessory structures on a zoning lot. Carports, detached garages,
sheds and storage buildings are all considered accessory structures.
The total number and area of accessory structures on a property must
meet all other regulations contained in the zoning ordinance.
H.
Separation. A minimum distance of 10 feet shall separate detached
accessory buildings from all other principal and accessory structures
on the zoning lot.
I.
Time of Establishment. No accessory structure may be constructed
on any zoning lot prior to the time of construction of the principal
building.
J.
Maintenance. Carports, garages and accessory structures shall be
kept in an attractive state, in good repair, and in a safe and sanitary
condition.
K.
Design and Dimensions. Carports, garages and accessory structures
shall be designed, constructed, erected and installed in accordance
with the building codes and regulations as from time to time adopted
by the Village of Darien. The following specification shall be considered
the minimum standards:
1.
No carport shall exceed 18 feet in width nor 20 feet in length when
measured from eave line to eave line.
2.
No single detached garage or accessory structure may be more than
720 square feet in area and 18 feet in height.
3.
The total area of all accessory structures on a zoning lot may not
exceed 1,000 square feet or 10% of the zoning lot area, whichever
is greater.
4.
Accessory structures exceeding the dimension and area regulations
may be permitted in accordance with the conditional use permit process.
5.
Accessory structures located within a residential district shall
be constructed or finished in a complimentary architectural style
and with complimentary materials and colors to the principal residential
building on the zoning lot.
L.
Permanent Carports. Any carports constructed or erected which are
permanent in nature shall comply with the following requirements:
1.
Carports shall be supported by columns that are not less than 2 1/2
inches in diameter, square or round tubing, and from material that
is no less than 14-gauge steel set in concrete. Any support column
may be used which meets or exceeds the equivalent strength of the
materials above described.
2.
The concrete shall have a relative strength of 2,000 pounds per square
inch or greater and not less than 12 inches in diameter and 24 inches
in depth. Any support column may be used which meets or exceeds the
equivalent strength of the materials described.
3.
Carports shall be designed to support a live load of not less than
20 pounds per square foot plus the weight of the structure.
4.
Metal carports shall be constructed of material not less structurally
sound than 26-gauge steel or 25-gauge aluminum decking with baked-on
enamel finish to be compatible with the exterior finish of the dwelling.
5.
Carport roof slopes shall meet minimum manufacturer's requirements
but shall not be less than a 1/12 pitch or one inch rise per 12 inches
of run.
6.
All water discharge from the roof shall be diverted into the street
and away from adjacent properties by all means necessary.
7.
The underside of the carport shall only be enclosed with like materials
that are approved by the building code. Property owners shall make
all efforts to select materials, colors and structure types that best
substantially match those of the primary structure on the property.
8.
No part of the interior of the carport shall be less than seven feet
six inches in height.
9.
No carport shall exceed eight feet in height at its perimeter nor
10 feet at the highest point of its interior ceiling. Carports which
are not an integral part of the principal building shall not exceed
10 feet in height at their highest horizontal point. All heights shall
be measured from the average ground elevation at the perimeter of
the carport.
M.
Temporary Carports.
1.
Portable carports shall be assembled to comply with the manufacturer's
instructions and anchored to the ground in compliance with one of
the following methods. (However, this requirement shall not apply
to portable carports located, or to be located, on the premises for
less than 72 hours during any thirty-day period.)
a.
Bolting the support legs, or adjacent cross support, to an existing
concrete slab. The method of attaching the upright frame to the slab
must be shown in the application for a building permit.
b.
An alternate anchoring design that provides a permanently paved
hard-surface floor and anchors the portable carport to the ground
and that is approved by the Zoning Administrator.
c.
Any other alternate anchoring design that complies with manufacturer's
specifications.
2.
The plans and details submitted must clearly indicate the method
of anchoring and the flooring to be used. If new concrete footings
or slabs are to be installed, they must be inspected when formed and
prior to pouring of concrete. In all cases, a final inspection must
be requested by the applicant.
N.
Approved Uses. The entire area under a carport shall only be used
to park operable licensed motor vehicles (i.e., cars, pickup trucks,
vans, sport utility vehicles, recreational vehicles and vessels) which
are customarily accessory to the dwelling. No other use of this area
shall be permitted. Garages and accessory structures may be used for
storage of tools, equipment, vehicles, and other items that are used
in conjunction with the maintenance of a residential dwelling.
O.
Prohibited Uses. Carports shall not be used for the outside storage
of materials, equipment or goods or the parking and/or storage of
inoperable vehicles. Garages and accessory structures shall not be
used in the conduct of a home occupation.
P.
Altering Design/Special Use Permit.
1.
Carports may be altered in design for the purpose of weather protection
of the user only. An application to the Village of Darien Plan Commission
for a special use permit shall be submitted prior to construction
of said unit on a form provided by the Village Clerk. The fee for
a special use permit shall be set forth, as amended from time to time
by the Village Board.
Q.
Fines. Any person who fails to obtain a permit shall be liable to
pay a fine of $25 a day and double permit fees for failure to comply
with this section.
R.
Dilapidation and Disrepair. Any person who fails to maintain a carport,
garage or accessory structure may be subject to a fine of $50, dismantling
and removal of said structure. The costs if removed by the Village
shall be assessed to the owner or occupant of said property.
S.
Nonconforming Accessory Structures. The lawful nonconforming use
of a carport, garage or accessory structure at the time of the adoption
or amendment of this title may be continued although the structure
does not conform with the provisions of this title; however:
1.
If a nonconforming accessory structure is damaged or destroyed by
flood, fire, tornado, other natural disaster, or unintended circumstance,
the property owner may rebuild the structure to the preexisting condition
with a conditional use permit approved by the Village Board, provided
that the property owner can prove the preexisting condition of the
structure including dimensions and setbacks.
2.
If a nonconforming accessory structure is damaged beyond 50% of its
value, demolished, or removed from the property under circumstances
other than those outlined in Section 17.20.040.3.1. above, the property
owner may not rebuild the structure unless it conforms with the provisions
of this title.
[Prior code § 17.0206(8)(d)]
Description. A company cafeteria is a food service operation
which provides food only to company employees and their guests, which
meets state food service requirements, and is located on the same
property as a principal land use engaged in an operation other than
food service.
[Prior code § 17.0206(8)(e)]
Description. A company provided on-site recreational facility
is any active or passive recreational facility located on the same
site as a principal land use, and which is reserved solely for the
use of company employees and their guests. Facilities using activity
night lighting shall be a conditional use.
A.
Permitted by right: not applicable.
C.
Conditional use regulations: (SC, CC, SI, UI):
1.
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 17.68.100). The buffer yard shall be located at the property line adjacent to said residentially zoned property;
2.
All structures and actively used outdoor areas shall be located a
minimum of 50 feet from any residentially zoned property;
[Prior code § 17.0206(8)(f)]
Description. See Section 17.12.040.
[Prior code § 17.0206(8)(g)]
Description. See Section 17.12.070.
[Prior code § 17.0206(8)(h)]
Description. These land uses include any retail sales activity
conducted exclusively indoors which is incidental to a principal land
use such as warehousing, wholesaling or any light industrial land
use, on the same site.
A.
Permitted by right: not applicable.
B.
Special use regulations: (SI, UI):
1.
Adequate parking, per the requirements of Section 17.66.040, shall be provided for customers. The parking shall be in addition to that required for customary light industrial activities;
2.
The total area devoted to sales activity shall not exceed 25% of
the total area of the buildings on the property;
3.
Shall provide restroom facilities directly accessible from retail
sales area;
4.
Retail sales area shall by physically separated by a wall from other
activity areas.
C.
Conditional use regulations: not applicable.
[Prior code § 17.0206(8)(i)]
Description. These land uses include any light industrial activity
conducted exclusively indoors which is incidental to a principal land
use such as indoor sales or service, on the same site.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations: (SC, NC, CC, SI, UI):
1.
The total area devoted to light industrial activity shall not exceed
15% of the total area of the buildings on the property, or 5,000 square
feet, whichever is less;
[Prior code § 17.0206(8)(j)]
Description. It is the intent of this section to provide a means
to accommodate a small home-based family or professional business
without the necessity of a rezoning from a residential to a commercial
district. Approval of an expansion of a home occupation at a future
time beyond the limitations of this section is not to be anticipated;
relocation of the business to an area that is appropriately zoned
may be necessary. Home occupations are economic activities performed
within any single-family detached residence which comply with the
following requirements. Examples include personal and professional
services, and handicrafts, which comply with all of the following
requirements:
A.
Permitted by right: not applicable.
B.
Special use regulations: (all districts except SI and UI):
1.
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or an attached garage;
2.
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district;
3.
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises;
4.
No home occupation use shall create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use
in the district;
5.
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated and shall not exceed three square
feet:
6.
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises:
7.
A permitted home occupation is restricted to a service-oriented business
prohibiting the manufacturing of items or products or the sale of
items or products on the premises. Examples of service-oriented businesses
are, but are not limited to, computer programming, accounting, insurance
agency and computer-based consulting and clerical services;
8.
A permitted home occupation shall not occupy more than 30% of the
floor area of the dwelling;
9.
Persons employed by a permitted home occupation shall be limited
to the resident family members and no more than one nonresident employee;
10.
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation;
[Prior code § 17.0206(8)(k)]
Description. Family day care homes are occupied residences in
which a qualified person or persons provide child care for four to
eight children. The care of less than four children is not subject
to the regulations of this title.
[Prior code § 17.0206(8)(l)]
Description. Intermediate day care homes are occupied residences
in which a qualified person or persons provide child care for nine
to 15 children.
[Prior code § 17.0206(8)(m)]
Migrant labor camps include any facility subject to the regulation
of Wisconsin Statutes 103.90.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (A-1):
1.
Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see Section 17.68.100);
2.
Migrant labor camp shall be an accessory use to an active principal
use, under the same ownership, which is located within the Village;
