The purpose and intent of the C-2 General Commercial Zone are:

1.

To encourage the use of the land for city commercial and service uses.

2.

To provide for the orderly expansion of such uses.

3.

To encourage the discontinuance of nonconforming uses,

4.

To encourage the development of the zone with such uses and in such a manner as to minimize traffic and parking congestion.

5.

To allow medium to high density residential uses (including loft apartments and live-work units) that are compatible with nonresidential uses. For the purposes of this section, loft apartments are defined as residential units within large, formerly nonresidential buildings converted or partially converted to residential purpose. A live-work unit is a dwelling unit, part of which may be used as a business establishment.

(Code 1998, § 20-1101)

In a C-2 zone the following uses are permitted as hereinafter specifically provided and allowed by this chapter [article].

Any use permitted in the C-1 zone.

Bars and liquor package stores.

Newspaper, printers.

Outdoor advertising signs pertaining to things other than identification of the premises or business and products maintained therein.

Photo engraving and finishing.

Upholstering shops.

Veterinarians, small animal hospitals and kennels.

Retail or service businesses catering directly to the consumer.

Vehicle repair, sales and service, truck and heavy equipment repairing, overhaul and rental.

Car laundry, using assembly line type of process or other specialized progressing service.

Frozen food lockers, and ice plants.

Plumbing shops, supply yards.

Other commercial business or enterprises such as dry good stores, hardware and other uses normally found in a central business district.

Multi-family dwellings (such as loft apartments and live-work units), at a maximum density of ten dwelling units per gross acre.

(Code 1998, § 20-1102)

Every use permitted in a C-2 zone shall be subject to the following conditions and limitations:

1.

All uses shall be conducted wholly within an enclosed building except such uses as drive-in restaurants, open air cafes, gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open.

2.

Products made incident to a permitted use and manufactured or processed on the premises shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treatment of products.

3.

Storage shall be limited to accessory storage of commodities sold at retail on the premises.

(Code 1998, § 20-1103; Ord. No. 2020-05, 11-17-2020)

No building in the C-2 zone shall exceed a height of 35 feet.

(Code 1998, § 20-1104)

No front yard shall be provided except as may be required by precise plan.

(Code 1998, § 20-1105)

Same as "Front Yard" requirements.

(Code 1998, § 20-1106)

On any lot, the rear lot line of which abuts property in any "R" zone and no alley intervenes no building shall be erected closer than ten feet to the rear lot line of such lot.

(Code 1998, § 20-1107)

See Sec. 20-1509.

(Code 1998, § 20-1108)

1.

Permit. No person shall operate an open-air cafe without a revocable permit issued by the city clerk in addition to a valid business license.

2.

Application. Any person desiring to operate an open-air cafe shall submit to the building inspector a permit application to include a nonrefundable administrative processing fee as defined appendix B, to be set from time to time by the city council, and the following information:

a)

Name, business address and telephone number of the restaurant or bar.

b)

Name, address and telephone number of the owner of the restaurant or bar.

c)

Name, address and telephone number of the applicant.

d)

Number of tables and chairs to be permitted.

e)

Design and scaled site layout of chairs, tables and accessories.

f)

Operations plan of services, sanitation, monitoring schedule and responsibilities.

g)

Any other information the building inspector deems appropriate to fully describe the planned operation.

3.

Initial staff review. The building inspector shall review all permit applications for compliance with this and other ordinances of the city, and shall forward all complete applications to the planning and zoning board.

4.

Design review. The planning and zoning board shall, in public meeting, review all permit applications as to compliance with the provisions of this ordinance and for compatibility with its design guidelines and the theme and overall character to be achieved in the area. Because activities on the public rights-of-way have an impact on the vitality and character of the city, the board shall assure, through the review process, that the proposed open-air cafe is appropriate for, and not incompatible with, the host and adjacent premises. The committee shall record its approval or denial on the face of the application and shall forward it to the city council for placement on the next agenda.

5.

City council review. The city council shall review all permit applications as to compliance with the provisions of this ordinance and in light of the findings of the planning and zoning board. The city clerk shall not issue a revocable open-air cafe permit without approval of the application by the city council, and execution by the owner of the restaurant and the property of a hold harmless and release agreement satisfactory to the city.

6.

Revocation of permits. All permits issued for open air cafes shall be subject to revocation in whole or in part by the Building Inspector:

a)

Whenever he shall consider it necessary or advisable that the right-of-way area covered by the permits, or any portion thereof, be vacated in order that the same may be used for a public purpose, or because of the need for construction or maintenance on or below such right-of-way.

b)

Whenever he finds a permittee has failed or neglected to comply with any of the specific conditions permitted, including number of tables and chairs and accessories and their location, or any of the conditions outlined in the operations plan of services, sanitation, monitoring schedule and responsibilities.

c)

Whenever he finds there to be a danger to the public health, safety, or welfare as a result of continuation of the permitted activity.

7.

Regulations. An open-air cafe permitted and operating shall comply with the following regulations:

a)

Limitation on area. The area in which an open-air cafe is operated shall be adjacent to the restaurant or bar of which it is a revocable accessory use, and its tables and chairs and other associated equipment and furnishings shall not extend parallel in either direction beyond the outside front wall of the business. The area permitted for an open-air cafe and its tables and chairs and other associated equipment and furnishings may not interfere with pedestrian traffic. A minimum width of five feet shall be provided at all times for continuous unobstructed pedestrian traffic on any used right-of-way. Within this area, all food and beverage licensed to be sold by the permit holder shall be available notwithstanding any other ordinance to the contrary.

b)

Tables, chairs and other associated equipment and furnishings. All tables, chairs and other associated equipment and furnishings shall be specifically designed and constructed for purposes of outdoor use, shall be fully portable, and capable of being removed from the right-of-way on short notice should same be required in the event of a public emergency as determined by the Darien City Police Department or Fire Department.

c)

Fire exit. No area permitted for an open-air cafe may block or obstruct any fire exit.

c)

Sanitation. It shall be the responsibility and duty of the business owner to which the open-air cafe permit is issued to maintain such area and all equipment and furnishings in such conditions so as to be clean, sanitary and safe at all times.

d)

Signage. Each open-air café may use one A-frame (sandwich board) sign at the entrance to the café area. The sign used may not exceed 8.6 square feet per side including the frame.

(Ord. No. 2020-05, 11-17-2020)