The City of Darien recognizes that its historic district was laid out in a grid pattern that has served its citizens well for over 200 years. The city further recognizes the importance of preserving its heritage while accommodating future growth within its historic district. It is the intent of this ordinance to improve the quality of life for Darien's citizens by preserving the important characteristics of this historic district while welcoming new growth and development that is sensitive to the district's historic fabric. Essential characteristics of the town center of Darien which either include or are adjacent to this district include:

a)

Residences, stores, and workplaces generally located in close proximity to each other,

b)

A hierarchy of streets for a balanced mix of both pedestrians and automobiles,

c)

Greens and parks dedicated to collective social activity, recreation and visual enjoyment,

d)

Modestly sized buildings fronting on, and aligned with streets in a disciplined manner, generally uninterrupted by parking lots,

e)

Civic buildings for assembly, and other civic purposes, sited to act as visual landmarks and symbols of identity within the community, and

f)

A recognizable, functionally diverse, visually unified commercial center, frequently aligned with traditionally important crossroads.

Therefore, herein is written a Historic Darien District Ordinance (HDDO) to overlay the current land use regulations within the Historic District of Darien. It is additional intended that this HDD and herein the HDDO shall:

a)

Encourage the preservation of both our built historic heritage and our natural resources through recognizing that land and water are nonrenewable resources, and are limited;

b)

Encourage growth to occur in areas which are best suited for increased density in accordance with our Comprehensive Plan;

c)

Promote pedestrian travel and street life by placing residences, workplaces and public places in close proximity;

d)

Reduce traffic congestion and dependence on the automobile by creating ways which equitably and efficiently serve pedestrians, cyclists and drivers;

e)

Create a built environment that fosters a sense of community while at the same time providing greater independence for those without ready transportation;

f)

Promote the physical and social integration of citizens diverse in age, lifestyle and economic status;

g)

Promote a pattern of development which permits the efficient delivery of municipal services.

It is further intended that this chapter [article] of the Darien Zoning Ordinance (the HDDO) will allow for and encourage the expansion of opportunities for the development of land in the Historic District consistent with the goals and objective of the adopted Comprehensive Plan and other requirements of law.

(Code 1998, § 20-801)

To encourage this style of development, the city is creating an overlay zoning classification over the Historic Darien District. This district shall be bounded on the north by center line of Trumbull, Madison and Adams Streets and the center line of Fort King George Drive from the east side of the Darien River bridge to center line of North Way; bounded on the east by the center line of Martin Luther King, Jr. Blvd., Rittenhouse Street, including the east lot line between lots with eight and nine in block 21 and the east lot line between lots one and two in block three; bounded on the south by the Darien city waterfront from lot five to west side of Boone Dock Road and bounded on the west by the center line of Market Street, Franklin Street, North Way and the east side of the Darien River Bridge. These properties are recognized as the historic center of the City of Darien as well as performing an important role in the future of the center of Darien.

(Code 1998, § 20-802)

a.

The HDDO shall only apply to the lands located in the Historic Darien District, as shown on the City of Darien Zoning Map, and zoned R-1 and on central water and sewer.

b.

Dedication. Because of the special objectives of the HDDO and the special considerations allowed under this chapter of the Darien zoning ordinance, land may not be removed from the HDD except in accordance with article XX of the City of Darien Zoning Ordinance.

c.

Addition of lands. Land areas of any size contiguous to the HDD may be added upon application to the Darien zoning administrator, with design review from the Darien Historic Preservation Commission, and with final approval dependent upon the Darien city council. An applicant requesting to add lands shall be required to show how the requirements of the HDDO shall be met if the application for addition is approved.

d.

Rededication. Lands decided as open space area or civic use area shall not be re-dedicated nor incorporated as any other use except by application to the Darien zoning administrator, with design review by the Darien Historic Preservation Commission.

(Code 1998, § 20-803)

When used in this ordinance, the following words and phrases shall have the meanings given in this section.

Enfront. Primary buildings are to face each other across a street.

Public. The general public at large, including governmental agencies.

Satellite dish antennas. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not limited to what are commonly referred to as satellite earth stations, TVROS, and satellite microwave antennas.

Scrap yard. An area of land or a building, within which waste or scrap materials are bought, sold, exchanged, stored or otherwise handled. A Scrap Yard includes without limitation, an auto wrecking yard and "Junkyard" as defined by Law.

Streetlight. A pole or pedestal mounted lumina, ten to 12 feet in height, with a metal halide or other full spectrum bulb.

HDDO and HDD. Herein the HDDO refers to the Historic Darien District Ordinance; the HDD refers to the Historic Darien District as a total unit.

Vista termination. A lot, building or monument site generally located at an intersection, on an end, of streets or active pedestrian ways, which is prominently visible from one or more streets, or ways, approaching said site.

(Code 1998, § 20-804)

In interpreting the HDDO, a specific requirement shall control over a general requirement.

1)

Land Use Mix.

a.

While the HDDO is expected to address the unique features of each lot, it is recognized that for the concept of the HDD to properly function, a general range of residential structures is allowed.

b.

Location of new structures - Similar residential properties shall generally either abut or afront each other. Dissimilar residential properties shall generally abut along rear property lines and at street intersections.

2)

Permitted uses. The following uses shall be permitted within the HDD:

a.

Residential:

(1)

See section 20-602.

b.

Commercial - Commercial uses shall be limited to tourist-oriented uses such as craft shops, eating establishments, hospitality related businesses such as bed and breakfeasts, and antique shops. Any business not tourist related is prohibited for example: no service stations, service station/mini-marts, vehicle light service or major service establishments, fast food restaurants or quick-service food stores shall be permitted.

3)

Public/semi-public zoned lands may change to other uses only upon application and approval of the Darien mayor and council, with design review by the Darien Historic Preservation Commission.

4)

Open spaces may be used solely for greens, parks, and natural areas. No enclosed structures shall be built except through application and approval from the Darien mayor and council, with design review by the Darien Historic Preservation Commission. Other uses may be permitted which, upon application to the Darien Historic Preservation Commission, are deemed to be in accordance with the intent of the HDD.

5)

Prohibited uses - The following uses are prohibited in the HDD:

a.

Industrial uses;

b.

Prisons, detention centers or half-way houses;

c.

Scrap yards;

d.

Mobile homes;

e.

Outdoor storage; and

f.

Commercial kennels.

(Code 1998, § 20-805; Ord. of 9-15-2009)

1)

Lots shall have the following widths at the building site in accordance with the use of the lot: Lot Minimum: R-1-HDD, 60 feet.

2)

Setbacks. Where existing buildings express a traditionally modest (pre-zoning) front setback, creating a characteristically close relationship with the street, it is highly desirable to continue this pattern in order to retain the area's character. Therefore, the maximum setback of new construction should harmonize with the average setbacks of existing adjacent buildings. All setbacks shall be undisturbed vegetated spaces, except where sidewalks and public easements are required.

Lots shall have the following front setback requirements as measured from the right-of-way in accordance with the use of the lot: Lot Minimum: R-1-HDD, 25 feet.*

*Any application for rezoning of properties within the HDD shall have their front setbacks determined by the Darien Historic Preservation Commission in accordance with the harmony of adjacent properties, subject to approval from the Darien mayor and council. If, for example, the surrounding buildings have a front setback of ten feet, then a new development shall have a front setback of ten feet, also.

3)

Lots shall have the following side-yard setback requirements in accordance with the use of the lot: Lot Minimum: R-1-HDD, ten feet.

4)

Lots shall have the following rear-yard setback requirements in accordance with the use of the lot: Lot Minimum: R-1-HDD, ten feet.

(Code 1998, § 20-806)

Within the HDD, lot sizes which are kept consistent with the surrounding preexisting lot dimensions help to provide for harmony in scale, and help to retain the general development pattern of the community. Also, restrictions placed upon the bulk, height, and total floor space allowed within the Historic Darien District can do much to protect current historic building scale.

1)

Scale—a building's scale is the proportion of the structure relative to neighboring buildings, and to the general surroundings, including pedestrians. Scale is the single most important element of design that contributes to the overall visual impact of a building. Maintaining the proper scale requires attention to three major items: the number of stories, the floor elevation, piers and the cornice height.

Number of stories - The number of stories should not exceed the height of the tallest adjacent structure. Within this district no structure is taller than two stories (excluding belfries). New structures should be no taller than two stories (35') or only one story, if the adjacent structures are only one story.

b.

Floor elevation. When new construction is proposed for infill in the HDD, the first floor elevation and subsequent interior floor elevations should average that of the adjacent structure where possible.

c.

Piers. Many of the structures within this district have been constructed on piers. Any alterations and/or additions to such structures should maintain like materials with new piers. Any underpinnings (screening materials) should be set in from the piers by at least three inches and should be of a dark color so as to not draw attention to the screening.

d.

Cornice line. The cornice line establishes the top of the structure visually, and is therefore important to the overall scale. In order to assure the proper scale of a structure in relation to those surrounding it, the height of the cornice line on the new structure should be consistent with either adjacent structure.

2)

Facades. It is particularly important that new construction meet minimum design criteria in order that it may blend with the surroundings. New construction throughout the HDD should be compatible with surrounding properties, in terms of formal characteristics such as height, massing, roof shapes and window proportions.

3)

Roofs. Should be of consistent style with adjacent dwellings with the HDD. Most roofs within the district appear to be metal or shingle. Intrusive modern conveniences such as solar panels, skylights, ventilation wind turbines, satellite dishes and antennas should be hidden away from public view.

a.

Pitch of Roof. The pitch of the roof of a structure sets the style for the appearance of that structure. Any renovations, additions, or new construction within the Historic District should remain sensitive to the original roof pitches of either the existing structure or to surrounding structures, if new construction.

4)

Height. No structure shall exceed 35 feet. Exceptions to this shall include church steeples, belfries, cupolas, bell towers, or flagpoles.

5)

Rhythm. There is a symmetry or balance to both the placement of structures along a street, and in the placement of windows and other openings on the face of the structures. This balance is often referred to as rhythm. The four most common types of rhythm are:

a.

Spacing of building on the street - When moving down a street, there is a definite spacing pattern between the size of the structures and the distance between each building;

b.

Spacing of entrances or porches - When viewed from the sidewalk, there is a definite pattern to the entrances or porches of each building; and

c.

Solid to void relationship - There is also a definite pattern or balance between the areas of solid wall and windows and doors in most historic buildings there is a very well defined rhythm that is carefully maintained.

d.

Location of mailboxes - Currently there appear to be no mailboxes on the streets within this district. This is a very important, albeit, subtle nuance to the district. Therefore, new construction or renovations within the district should not allow mailboxes on the street, unless the U.S. Postmaster rules otherwise.

All new construction, as well as renovations should take these characteristics into account and maintain the sense of rhythm that is prevalent in that locale. All applications should be reviewed by the Darien Historic Preservation Commission to assume that these components have been satisfied.

6)

Construction Materials. The majority of the buildings within the Darien HDD are brick, wood siding or tabby. Roofs are of asphalt shingle or tin. New or rehabilitated structures within the HDD should continue this pattern. Textures should be generally subtle and compatible with the adjacent buildings. Metal or plastic paneling should be avoided.

7)

Fenestration. Fenestration is the arrangement of windows and doors on a building. Most of the historic buildings within the HDD have wooden double-hung windows. Doors tend to be centered in the middle of the buildings and are constructed of wood. There are occasionally sidelights or a transom glass in the door frame.

a.

Within the HDD there is a variety of window forms, but they are generally vertical rather than horizontal in emphasis. Windows are typically double-hung. New construction or rehabilitation should adhere to the historic nature of these windows. New construction should include wood materials (or wood simulation) for windows. Renovations should maintain the existing materials.

b.

Within the HDD there is a variety of doors, as well. Some are surrounded by transom lights. New construction or rehabilitation should adhere to the historic nature of these doors. New construction should include wood materials (or wood simulation) for doors. Renovations should maintain the existing materials.

8)

Location of Main Entrances. The primary building entrances for residences shall generally open to the front sidewalk.

9)

Building Codes. All buildings and structures within the HDD shall comply with all applicable city, county, state, and federal buildings and safety codes as may be adopted by the city or as may otherwise be in effect in the city.

10)

Corner Lots. For the purpose of setbacks on a corner lot, any lot line along a street other than an alley shall be a front lot line, any lot line along an alley shall be a rear lot line, any lot line between two lots and intersecting a lot line along a street other than an alley shall be a side lot line, and any lot line intersecting two other lot lines which are not along a street other than an alley shall be a rear lot line.

(Code 1998, § 20-807)

All proposals for the HDD shall comply with all applicable provisions of this ordinance, and other pertinent ordinances, regulations and policies of the city; provided, however, that in the event of conflict between such ordinances, regulations or policies with the HDD standards shall control.

(Code 1998, § 20-808)

1)

Nonconforming lots. Any lot, being a lot of record at the time of the passage of this ordinance, which fails to comply with the dimensional requirements for the HDD in which it is located may, if vacant, be used for any of the uses as allowed within the zoning classification of that area of the HDD or a less intense use, as described in article XVII of this ordinance, or, if occupied by a structure containing a conforming use, may have the structure improved, enlarged, or extended, provided that in either case:

a.

Minimum requirements of the district setbacks, as well as all other requirements as set forth in the HDDO shall be complied with.

b.

The requirements of substandard lots of record are met.

2)

Nonconforming open uses of land. All nonconformances of open uses of land shall be governed by the provisions in article XVII.

3)

Illegal nonconforming uses. All nonconformances of illegal uses shall be governed by the provisions in article XVII.

(Code 1998, § 20-809)

1)

Streets within this district are very simple in that there are no curbs or strong delineation between the roadway and land on each side of the road. Some areas have sidewalks while others do not. New streets shall be designed to ensure the safety of motorists and pedestrians and shall generally:

a.

Minimize the alteration of natural site features by not allowing any curbing of streets;

b.

New streets shall have tree lawn strips between the road and sidewalks;

c.

Improve the view of and the view from buildings and other prominent vistas and vista terminations; and

d.

Promote pedestrian design so that it is generally more convenient and pleasant for most of the community to walk short distances than to drive.

2)

Sidewalk sizes and requirements. Sidewalks at least three feet in width shall be provided within the HDD. Sidewalk casements of at least three feet in width shall be set aside for all new development. Sidewalks shall generally be parallel with the streets they adjoin. The sidewalk's use and maintenance shall be ensured by permanent easement.

3)

Streetlights:

a.

Shall be provided at each street intersection. Light level at the lot line may not exceed 0.2 footcandles, measure at ground level. To achieve this luminaries shall be shielded to prevent light shining beyond the lot lines onto neighboring properties or public right-of-ways. A street light shall be mounted on a standard not to exceed 12 feet in height, and be equipped with an incandescent clear bulb. All lighting (except for security purposes) should be turned off between 11 p.m. and 6 a.m. Exceptions may be granted through the Darien mayor and council, upon design review by the Darien Historic Preservation Commission.

b.

Lights attached to buildings should be in keeping with the period of the individual building. Lights should be attached to the building via wall brackets. These fixtures should be made of brass, copper or painted steel with clear lenses. Fluorescent lighting shall be prohibited.

(Code 1998, § 20-810)

The following number of street trees shall be planted within the HDD: one tree for every 50 feet of street frontage for new construction only. The location and layout of the foregoing number of street trees shall be decided upon by the City of Darien Historic Preservation Commission. Street trees shall be deciduous and not less than three-inch caliper (trunk diameter at four feet from natural ground). Each tree shall be surrounded by no less than 16 square feet of permeable, unpaved area.

No tree over 12 inches in diameter at four feet from natural ground may be removed to install a drive, walk or street unless it can be demonstrated to the satisfaction of the Historic Preservation Commission that there is no practical alternative. Any tree removed must be replaced by the property owner within one year with a similar tree. The placement of the new tree shall be agreed upon between the property owner and the Historic Preservation Commission, but does not have to be on the property owner's property (i.e., city parks, etc.).

(Code 1998, § 20-811)

1)

The following minimum number of parking spaces shall be required: see Sec. 20-1509.

2)

On-street parking is generally permitted along all streets.

3)

Alleys—No parking is permitted in alleys unless the alley is constructed to additional width and approved by the Darien mayor and council for such use, upon design review by the Darien Historic Preservation Commission.

(Code 1998, § 20-812)

1)

Utilities and location. All utilities shall be located above ground in keeping with the existing pattern. All utility outlets, service entrances, transformers and the like shall generally be clustered in a neat and orderly fashion and shall be screened from view where permitted by building and electrical codes.

2)

Local, state, and federal standards. Water and sewerage facilities shall be designed and installed in accordance with applicable city, county, state and federal standards.

3)

Cellular transmission towers. No new tower may be built if there is space available on an existing tower in the same service area. The tower must be aesthetically and architecturally compatible with the historic character of the HDD and must be buffered with vegetation and secured by a solid wood fence or brick wall. All obsolete or unused facilities must be removed within six months of cessation of operations.

4)

Satellite dish antennas. May be no larger in size than eight feet in diameter and 15 feet in height, except through application to the Darien mayor and council. All dishes must be certified for safety by a professionally licensed engineer. This certificate must be filed with the city clerk. Dishes must be either a dark wire-mesh antenna or painted to blend in with the surrounding environment in which they will be placed. No dishes may be allowed within the front or side yards, except through proven hardship and application to the Darien mayor and council.

(code 1998, § 20-813)

The following procedures shall be followed for all zoning and development, construction, and redevelopment requests within the HDD:

1)

Pre-application conference. Prior to filing a formal application, the applicant shall meet with the zoning administrator in order to review the general character of the proposed development, i.e., its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein and the various information, studies, etc., which the applicant may need in order to continue with the said procedure.

2)

Application submittal. An applicant shall submit a petition to the Darien mayor and council through the zoning administrator who shall deliver a copy of the petition to the Darien Historic Preservation Commission for their review and recommendations of the application. This petition shall contain a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. The Darien Historic Preservation Commission followed by the Darien mayor and council shall make their determinations on the basis of the information contained in the development plan, any other information they so request and the purposes and standards of the application, as contained herein.

3)

Development plan. The following information shall be submitted as the development plan:

a.

A general location map;

b.

A current topographical map clearly showing existing topographic conditions, including contour intervals of no more than two feet based on field survey or photogrammetric methods;

c.

A map showing the existing flood plains and flood soil as indicated by the United States Department of Housing and Urban Development and the Soil Conservation Service of the United States Department of Agriculture;

d.

Existing and proposed land uses on the development site and in surrounding areas for a distance of 500 feet, including the approximate location of all buildings, structures, lots, and streets;

e.

The approximate location of existing and proposed utilities, including a preliminary utility and drainage plan;

f.

The present zoning pattern in the area;

g.

A legal description of the subject property;

h.

Detailed drawings of buildings which indicate the proposed architectural style and appearance;

i.

A landscaping plan; and

j.

A lighting plan.

4)

Approval.

a.

An application for approval of a development shall be considered administratively as a petition for rezoning and will be subject to the procedure established in this HDDO.

b.

After review and public hearing, the city council may approve, approve with modifications, or disapprove the proposed development after receiving the recommendations of the Darien Historic Preservation Commission and the zoning administrator.

c.

If the proposed zoning and development application is approved as submitted, the zoning administrator shall cause the official zoning map to be changed to indicate the new development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modification and a properly reviewed development plan with the zoning administrator prior to changing the map. The development plan and all other accompanying information shall be properly identified and permanently filed with the zoning administrator.

5)

Building and occupancy permits. The zoning administrator shall approve the issuance of building permits for buildings and structures if they are in conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

6)

Revision of development plan. any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, must be reviewed and approved by the city council upon the recommendation of the Darien Historic Preservation Commission and the Darien mayor and council. A request for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable.

7)

Appeals. Any appeals to changes within the Historic District which affect the intent and/or character of a structure, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, must be reviewed and approved by the Darien Historic Preservation Commission before proceeding for decision by the Darien mayor and council. A request for an appeal shall be supported by a written statement.

(Code 1998, § 20-814)