Zoneomics Logo
search icon

Darien City Zoning Code

CHAPTER 13

ZONING DEFINITIONS

5A-13-1: DEFINITIONS:

The following words and terms, wherever they occur in this title, shall be construed as herein defined:
ABUT:
To have a common property line or district line.
ACCESSORY BUILDING, STRUCTURE OR USE:
(A)   An "accessory building, structure or use" is one which:
   1.   Is subordinate and incidental to and serves a principal building or structure or a principal use;
   2.   Is subordinate in area, extent or purpose to the principal building or structure, or the principal use served;
   3.   Contributes to the comfort, convenience or necessity of occupants of the principal building or structure or the principal use served; and
   4.   Is located on the same lot as the principal building or structure, or the principal use served with the single exception of such accessory off- street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.
(B)   An "accessory building or use" includes, but is not limited to, the following:
   1.   A garden house, and private greenhouse;
   2.   A shed, garage or building for domestic storage;
   3.   Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
   4.   Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;
   5.   Swimming pool, tennis court or other athletic facilities for private use by the occupant and his guest;
   6.   Off-street motor car parking areas, and loading and unloading facilities;
   7.   Carports;
   8.   Public utility facilities, including telephone, electric, gas, water and sewer lines, their supports, and incidental equipment;
   9.   A residential unit for the family of one person and his or her family where such occupancy is accessory to a business which requires a full-time watchman, attendant or residential professional; and
   10.   Solar energy system. A device that collects solar energy from the sun and converts it into thermal, mechanical, or electrical energy.
      (a)   Solar energy system, building- mounted: Has solar collectors that are panels or building-integrated components that are attached to walls or roof of a building.
      (b)   Solar energy system, building- integrated: Has solar collectors that are within roof shingles,
   skylights, shading devices, or other similar architectural components and are not panels.
      (c)   Flush-mounted solar panels: Are solar collector panels that are mounted flat on a wall or roof typically with six inches (6") more or less between the entire panel and wall or roof surface to allow for mounting brackets, piping, wiring, and stormwater drainage.
      (d)   Solar energy system, large ground array: Has solar collectors mounted on poles or racks that are attached to the ground that typically occupy a large portion of a lot or lots and is intended to serve one or more buildings or uses on the same lot or other lots or is sold back to the electric utility provider.
ADDITION:
An extension or increase in floor area or height of a building or structure.
ADJACENT:
To lie near or close to; in the neighborhood or vicinity of.
ADJOINING:
Touching or contiguous.
AIRPORT:
Any area of land which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities located thereon.
ALTERATION:
Any change in size, shape, occupancy or use of a building or structure.
AMUSEMENT ESTABLISHMENT:
An enterprise which provides one or more forms of entertainment including, but not limited to, bowling alleys, sports complexes, pool halls, dance halls, skating rinks and establishments utilizing more than four (4) automatic amusement devices as either: a) an accessory use to a restaurant offering complete meals; or b) an accessory use to an approved amusement establishment.
ANIMAL HOSPITAL OR CLINIC:
A building, structure or portion thereof designed or used for the care, observation or treatment of domestic animals, but not including kennels.
APARTMENT:
A room or suite of rooms in a multiple-family structure which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities (sink and cooking and storage facilities), permanently installed, must always be included for each apartment.
APARTMENT HOTEL:
See definition of Hotel, Apartment.
AUTOMOBILE AND TRAILER SALES AREA:
An open area, other than a street, used for the display or sale or rental of new or used automobiles or trailers and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE REPAIR FACILITY:
A building, structure or portion thereof designed or used for the general repair, engine rebuilding, reconditioning, collision service or painting of motor vehicles.
AUTOMOBILE SERVICE STATION:
A building, structure or portion thereof, or a parcel of land used for the following:
(A)    Dispensing, sale or offering for sale at retail directly to the public, gasoline stored only in underground tanks, kerosene, lubricating oil or grease for operation of motor vehicles.
(B)    Sale and installation of minor accessories and general repair of motor vehicles, but not including engine rebuilding, collision service or the painting of motor vehicles; and
(C)    Washing of motor vehicles where no chain conveyor, blower or steam-cleaning device is employed.
Automobile service stations shall not include sale or storage of motor vehicles or trailers (new or used). Storage of motor vehicles and trailers means the parking of motor vehicles and/or trailers on the lot for more than thirty (30) days or the parking of motor vehicles or trailers for any period of time if said motor vehicles and trailers are not displaying a current Illinois license plate.
AWNING:
A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.
BALCONY:
A level, open platform projecting out from the wall or walls of a principal or accessory building or structure and which is constructed more than four feet (4') above the grade of the adjoining ground.
BASEMENT:
That portion of a building or structure which is partly or completely below grade.
BLOCK:
A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines or waterways, or corporate boundary lines of the City.
BUILDABLE AREA:
The space remaining on a lot after the minimum yards and open space requirements have been met.
BUILDING:
Any structure with roof and substantial walls securely and permanently affixed to the land and entirely separated on all sides from any other structure either by space or by shared building walls in which there are no communicating doors, windows or openings; and which is designed, built, used or intended for the support, shelter, enclosure or protection of persons, animals, chattels or property of any kind.
Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.
BUILDING HEIGHT:
The vertical distance measured from the established grade level opposite the center of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
BUILDING, NONCONFORMING:
Any building which lawfully exists upon the effective date hereof or amendment of this Title and which does not conform to the regulations herein prescribing the required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which the building is located.
BUILDING, PRINCIPAL:
A nonaccessory building in which the principal use of the lot on which it is located is conducted.
BUILDING SETBACK:
The minimum distance to be maintained between a public right of way and the nearest supporting member of any building or structure on the lot or parcel of land.
BUILDING SETBACK LINE:
A line which is parallel to a public right of way and which extends across the entire width or length of the lot beyond which no supporting member of a building or structure may extend.
BUILDING, TEMPORARY:
A building not designed for permanent human occupancy or for the permanent protection of animals, chattels or property of any kind.
BULK:
A term used to describe the size of buildings or structures, and their relationships to each other and to open areas and lot lines, and therefore includes:
(A)   The size of buildings or structures;
(B)   The area of the lot upon which a building or structure is located, and the number of dwelling units within such buildings or structures in relation to the area of the lot;
(C)   The shape of buildings or structures;
(D)   The location of exterior walls of buildings or structures in relation to lot lines, to other walls of the same building or structure, to legally required windows, or to other buildings or other structures; and
(E)   All open area relating to buildings or structures and their relationship thereto.
BUSINESS ESTABLISHMENT:
A place of business carrying on an operation, the ownership or management of which is separate and distinct from those of any other place of business located on the same or other lot.
CANOPY:
A roof-like structure, whether projecting from a wall or freestanding, and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.
CAR WASH:
A building, structure or portion thereof containing facilities for washing motor vehicles.
CAR WASH, AUTOMATED (As A Principal Use):
A permanent commercial facility utilizing a production line method using a conveyor, blower, steam cleaning device or other mechanical devices where the passenger typically is not in the vehicle.
CAR WASH, DRIVE- THROUGH (As An Accessory Use):
A car wash that is accessory to a principal use (i.e., gasoline station) where an enclosed structure is provided for the mechanical washing of vehicles while the passenger typically remains in the vehicle.
CAR WASH, USER OPERATED:
Providing bays, water, equipment, or soap, for the complete or partial hand washing of automobiles by customer.
CARPORT:
An open sided (on at least 2 sides), roofed automobile shelter, usually formed by extension of the roof from the side of the building.
CHARGING:
When the connector from an electric vehicle supply equipment (or standard outlet) is inserted into the electric vehicle inlet, and electrical power is being transferred for the purpose of recharging the batteries on board the electric vehicle.
CHARGING LEVEL:
The standardized indicators of electrical force, or voltage at which an electric vehicle's battery is recharged. Typical electric vehicle charging levels and specifications are:
(A)   Level 1: AC slow battery charging. The charging station delivers electric power to a vehicle's charging module which conve1is the AC power to DC power and delivers it to the battery. Voltage is one hundred twenty (120) volts.
(B)   Level 2: AC medium battery charging. The charging station delivers electric power to a vehicle's charging module which converts the AC power to DC power and delivers it to the battery. Voltage is between two hundred eight (208) volts for commercial use and two hundred forty (240) volts for residential use.
(C)   Level 3: DC fast or quick battery charging. Sometimes referred to as "DC fast". The charging station bypasses a vehicle's on-board charger to directly deliver electricity to the vehicle's high voltage battery. Voltage is equal to, or greater than four hundred eighty (480) volts.
CHARGING STATION:
Equipment that has as its primary purpose, the transfer of electric energy by conductive or inductive means to a battery or other energy storage device located onboard an electric vehicle. Various types of charging stations include:
(A)   Accessible Charging Station: A charging station incorporated into or immediately adjacent to a handicapped parking space as "handicapped parking space" is defined by the Illinois Vehicle Code.
(B)   Private Charging Station: A charging station that is:
   1.   Privately owned and has restricted access (e.g., single-family home, executive parking, designated employee parking, etc.); or
   2.   Publicly owned and has restricted access (e.g., fleet parking with no access to the general public).
(C)   Public Charging Station: A charging station that is:
   1.   Publicly owned and publicly available (e.g., park and ride, public parking lots, on street parking, etc.); or
   2.   Privately owned and publicly available (e.g., shopping center parking, non- reserved parking in multi-family parking lots, etc.).
CLINIC, MEDICAL OR DENTAL:
A building, structure or portion thereof, the principal use of which is for offices of an organization or group practice of specializing physicians or dentists or both, and contains facilities for examination and treatment of patients but without facilities for overnight lodging.
CLUB OR LODGE:
A nonprofit association of persons who are bona fide members paying dues to support the organization and who meet periodically for the promotion of some common object, such as literature, science, politics, good fellowship, athletics, etc., which owns, hires or leases a building or structure, or portion thereof, the use of such premises being restricted to members and their guests.
COMMON AREA:
An area or areas of reasonable contiguous open space available to residents of a planned unit development for common use. (See also definition of Open Space.)
COMPANION VARIATION:
See definition of Variation, Companion.
COMPLEMENTARY:
Of the same or similar type.
COMPREHENSIVE PLAN:
The comprehensive plan for the city of Darien, including all exhibits, appendices, and amendments thereto, as adopted by the city council of the city of Darien.
CONTIGUOUS:
In actual contact.
CONVALESCENT HOME:
A building or structure intended, designed or used for the care of the aged or infirm, or for those suffering bodily disorders and which neither has facilities nor renders services normally associated with a hospital.
CURB:
Shall mean and include the edge of the street pavement or the edge of the traveled portion of an improved street surface where there is no curb.
CUSTOMARY:
Common usage.
DAYCARE CENTER:
A nonresidential facility offering daytime supervision, care, instruction, or recreation to preschool children and/or adults.
DECIBEL:
A logarithmic unit of measurement which defines the range of sound pressure levels (LP) between the minimum audible value at one thousand (1,000) cps and the maximum audible value of LP, at which effects, other than hearing, begin to appear.
DIRECTOR:
The director of community development of the city of Darien.
DISTRICT BOUNDARY LINE:
A line which marks the separation between two (2) zoning districts.
DISTRICT, BUSINESS:
Any one of the following zoning districts: B-1, B-2 and B-3.
DISTRICT, OFFICE AND INDUSTRIAL:
Any one of the following zoning districts: O, OR&I, and I-1.
DISTRICT, RESIDENCE:
Any one of the following zoning districts: R-1, R-2 and R-3.
DISTRICT, ZONING:
A portion of the corporate area of the City within which, on a uniform basis, certain other uses of land and building are permitted and certain other uses of land and building are prohibited as set forth in this Title, or within which certain yards and other open spaces are required or within which certain lot areas, dwelling sizes and density requirements are established or within which a combination of such aforesaid regulations are applied.
DORMITORY:
A building or structure which provides lodging for students attending a college, university, educational facility or boarding school and which is operated by the college, university, educational facility or boarding school.
DRINKING ESTABLISHMENT:
A building, structure or portion thereof where liquors are sold to be consumed on the premises but not including eating establishments where the principal use is serving food.
DRIVE-IN ESTABLISHMENT:
An establishment or part thereof in which are provided facilities where selling, purchasing and consuming goods and services are intended to occur primarily in patrons' automobiles parked on the premises or where commodities are purchased by customers waiting in automobiles for consumption off the premises.
DRY-CLEANING ESTABLISHMENT:
A business that handles on the premises the washing, drying, dry cleaning and ironing of clothes including pickup and delivery services.
DUPLEX:
See definition of Dwelling, Two-Family.
DWELLING:
A building, structure or portion thereof designed or used exclusively for residential purposes, including single-family, two-family, duplexes and multiple- family dwellings, dormitories and apartment hotels, but not including mobile homes or other trailers.
DWELLING, LIMITED MULTIPLE- FAMILY:
A dwelling in a building, structure or portion thereof containing three (3) or four (4) dwelling units.
DWELLING, MULTIPLE-FAMILY:
A dwelling in a building, structure or portion thereof containing five (5) or more dwelling units.
DWELLING, SINGLE-FAMILY:
A dwelling containing one dwelling unit only.
DWELLING, SINGLE-FAMILY ATTACHED:
A dwelling joined to two (2) other dwellings by party walls, or vertical cavity walls, and aboveground physically unifying horizontal structural elements.
DWELLING, SINGLE-FAMILY DETACHED:
A dwelling which is surrounded on all sides by open space on the same lot, but excluding mobile homes.
DWELLING, TWO- FAMILY:
A detached building or structure containing two (2) dwelling units only, designed for and occupied by two (2) families.
DWELLING UNIT:
One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.
EATING ESTABLISHMENT:
A building, structure or portion thereof within which food is offered for sale and which permits consumption within the building or structure.
EDUCATIONAL FACILITY:
An institution for instruction in academic fields, a skill or business.
EFFICIENCY UNIT:
A dwelling unit consisting of one principal room for living, sleeping and eating plus facilities for cooking and a complete bath and toilet facility.
ELECTRIC VEHICLE:
A vehicle that stores electric energy to be used for propulsion. An electric vehicle shall be defined as a "motor vehicle," as defined in the Illinois Vehicle Code; and
(A)   Which displays the State of Illinois EV license tag; or
(B)   Any vehicle defined by the air resources board as "off-vehicle charge capable" meaning having the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in any manner while the vehicle is being driven.
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE:
"Make ready" electrical equipment including panels with circuit breakers, switchboards, transformers, conduit, wiring, junction boxes, conduit hangers, and other interconnections necessary and integral to delivering electrical power from a facility for charging electric vehicles.
ELECTRIC VEHICLE CHARGING STATION:
Equipment designed to safely supply power from a facility or structure to electric vehicles. Electric vehicle charging stations include hard-wired electric vehicle charging stations and electric vehicle charging stations that plug in to standard wall outlets and may also integrate communication, metering, GPS, and other features that assist electric vehicle drivers and the host facility.
ELECTRIC VEHICLE SUPPLY EQUIPMENT:
Equipment designed to safely supply power from a facility or structure to electric vehicles. Electric vehicle supply equipment includes hard-wired electric vehicle charging stations, electric vehicle charging stations that plug in to standard wall outlets and portable electric vehicle chargers. Electric vehicle supply equipment may also integrate communication, metering, GPS, two-way electricity flow management, and other features that assist electric vehicle drivers and the host facility.
FAMILY:
An individual, two (2) unrelated persons or two (2) or more persons related to the other by blood, marriage, legal adoption, or legal custody, including his or their domestic servants, maintaining a common household in a dwelling unit.
FARMING:
The use of land for agricultural purposes, including agriculture, floriculture, forestry, grazing of dairy animals, greenhouses, hatcheries, horticulture, nurseries, orchards, paddocks, truck farming, vitaculture and raising of fur-bearing animals and poultry.
FENCE:
A structure which is used as a boundary or means of protection or confinement and which is made of manufactured material, such as, but not limited to, wire, mesh, chainlink, wood or stone material.
FENCE, ARCHITECTURAL:
Fence-type structures such as landscape fences (i.e., split rail) that are three feet (3') or less in height, and which are less than twenty five feet (25') in length, and not used as a means of confinement.
FENCE, OPEN:
A fence that is constructed so that at least fifty percent (50%) of the superficial surface consists of regularly distributed apertures.
FENCE, SOLID:
A fence that is constructed so that it almost entirely conceals from view, adjoining properties, streets or alleys, or any activities behind it from the view of adjoining properties, streets or alleys.
FLAG LOT:
See definition of Lot, Flag.
FLOOR AREA:
The sum of the gross horizontal areas of the several floors of a building or structure measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings or structures, computed as the sum of the following areas:
(A)   Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks or closets;
(B)   Floor area devoted to the production or processing of goods or to business or professional offices;
(C)   The basement floor area;
(D)   Any basement floor area devoted to retailing activities;
(E)   Elevator shafts and stairwells at each floor;
(F)   Floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof);
(G)   Penthouses;
(H)   Attic space having headroom of seven feet (7') or more;
(I)   Interior balconies and mezzanines;
(J)   Enclosed porches;
(K)   Space devoted to accessory uses; and
(L)   Areas used for storage.
Space devoted to off-street parking or loading facilities including aisles, ramps and maneuvering space, shall not be included in the floor area. The floor area of structures devoted to bulk storage of materials, including, but not limited to, grain elevators and warehouses, shall be computed by counting each ten feet (10') of height, or fraction thereof, as being equal to one floor. For the purposes of computing this fraction, any height of more than five feet (5') shall be considered as equal to one floor; any height of five feet (5') or less shall not be counted as one floor.
FLOOR AREA RATIO (FAR):
The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of a planned unit development, by the gross area of the site. The floor area ratio requirements, as set forth under each zoning district, when multiplied by the area of the lot in square feet, shall determine the maximum permissible floor area for the building or structure on the lot.
FREIGHT TERMINAL:
A building, structure, parcel of land or portion thereof, in which:
(A)   Freight is shipped by airplane, motor truck or railroad; or
(B)   Freight is received, assembled, sorted, and/or rerouted for local, intrastate or interstate shipment.
FREQUENCY:
The number of oscillations per second in a sound wave representing an index of the pitch of the resulting sound.
FRONTAGE:
The line of demarcation between private property and that open to the general use of the public, such as a street, alley, stream or park. Where two (2) sides of a parcel of property face or abut upon streets, alleys, streams or parks, it shall be deemed to have frontage on both sides.
GOLF COURSE:
Public, semipublic or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto.
GRADE:
The established elevation of the street roadway or street sidewalk adjoining the front lot line, at a point opposite the middle of the building wall facing such front lot line. Where no such grade has been established, the grade shall be the elevation of the street sidewalk at such point and where no sidewalks exist, the grade shall be the average elevation of the street roadway adjacent to the front lot line; except in cases of unusual topographic conditions as determined by the Zoning Enforcement Officer, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.
GRADE, STREET:
For the purpose of vision clearance at intersections (see Section 5A-5-7-2 of this Title) street grade shall mean the lowest point of the two (2) adjoining intersecting streets measured at the curb line, for a distance of fifty feet (50') along each street measured from the point of intersection of the two (2) curb lines of the two (2) adjoining intersecting streets.
GROSS AREA:
The total land area designated for a particular use, including all public and private rights of way. (See also definition of Net Site Area.)
GUEST, PERMANENT:
A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence.
GUEST, TEMPORARY:
A person who is a guest in a dwelling unit for a period not in excess of thirty (30) days.
HOME OCCUPATION:
An accessory use to the principal use of a building or structure as a dwelling unit for the gainful employment of a member of the family residing in the premises, involving the production, provision or sale of goods and services.
HOSPITAL:
An institution which maintains and operates facilities for the diagnosis, treatment, medical care, or surgical care of persons suffering from illness, disease, injury, deformity or other abnormal physical conditions and which permits overnight lodging for patients, but excluding medical or dental clinics or offices.
HOTEL, APARTMENT:
A combined hotel and multiple-family dwelling where more than fifty percent (50%) of the accommodations are in dwelling units occupied or intended for occupancy by permanent guests securing such accommodations by prearrangement for a continuous period of thirty (30) days or more.
HOTEL OR MOTEL:
An establishment containing lodging, rooms for occupancy by transient guests, which is commonly known as a hotel or motel in the City and which provides customary hotel services such as maid, telephone and secretarial, bellboy and desk services; the use and upkeep of furniture and furnishings, and the laundering of linens. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballroom or meeting rooms.
ILLINOIS ROUTE 83 CORRIDOR:
See definition of Route 83 Corridor.
INSTITUTION, RELIGIOUS:
A building or structure which is occupied by a religious nonprofit corporation or organization and which is operated for public or semipublic use, including churches, synagogues, rectories and convents.
JUNKYARD:
A parcel of land where waste, scrap, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, vehicles and machinery in inoperable condition, paper, rags, rubber tires, and bottles. The term "junkyard" includes automobile graveyards, automobile wrecking yards, house wrecking yards and storage areas, and used lumberyards; but does not include uses established entirely within enclosed buildings and structures.
KENNEL:
A building, structure, parcel of land or portion thereof in which four (4) or more dogs, cats or other household domestic animals over four (4) months of age are kept, or in which more than two (2) such animals are maintained, boarded, bred or cared for, in return for remuneration or are kept for the purpose of sale, but not for veterinary care or treatment.
LABORATORY:
A building, structure or portion thereof which is devoted to experimental study such as testing and analyzing but not including the manufacturing of products for sale either directly or indirectly.
LODGE:
See definition of Club Or Lodge.
LOT:
A parcel or tract of land indicated as such upon a plat recorded in the office of the County Recorder.
LOT AREA:
The area of any lot within its exterior lot lines, excluding any area lying within a street, right of way or easement for public or private access or egress.
LOT, CORNER:
A lot of which at least two (2) adjacent sides abut for their full lengths upon street rights of way. The point of intersection of the street right-of-way lines is the corner.
LOT COVERAGE:
The part or percent of the lot occupied by buildings, structures, or any impervious surface, including accessory buildings or structures.
LOT DEPTH:
The average horizontal distance between the front lot line and the rear lot line.
LOT, FLAG:
Lots that do not meet the minimum lot width requirements of the Ordinance, where the lots include a narrow access corridor to the building portion of the lot which is located behind another lot with normally required lot widths.
LOT LINE:
A property boundary line of any lot held in single or separate ownership. (See also definition of Property Lines.)
   Lot Line, Corner Side:
That boundary of a corner lot which abuts a street but is not the front lot line.
   Lot Line, Front:
That boundary of a lot which is along a street right of way. For landlocked or partially landlocked land, the front lot line is that lot line that faces the access to the lot.
   Lot Line, Interior Side:
A boundary of a lot which does not abut a street right of way and which is not a rear or front lot line.
   Lot Line, Rear:
That boundary of a lot which is most distant from and is, or is most nearly, parallel to, the front lot line.
   Lot Line, Side:
An interior lot line which is not a front lot line or a rear lot line. If it is located along a street right of way, it shall be deemed a corner side lot line.
LOT OF RECORD:
A lot which is part of a subdivision which has been recorded in the Office of the Recorder of Deeds of DuPage County.
LOT WIDTH:
The horizontal distance between the side lot lines measured through the buildable area.
MOBILE HOME:
A transportable, factory-built home, designed to be used as a year-round dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Single-family detached housing that is manufactured under the National Manufactured Housing Construction and Safety Standards Act for 1974, includes structures known as manufactured homes or mobile homes.
MODEL HOME:
A building or structure which is used as an example of the type of dwelling units which may be purchased or rented.
MOTOR VEHICLE:
See definition of Vehicle, Motor.
NET RESIDENTIAL DENSITY:
The ratio between the total number of dwelling units and the total land area designated for dwelling units, exclusive of all public and private rights of way and nonresidential uses.
NET SITE AREA:
The area of a lot, parcel or tract, excluding boundary rights of way. (See also definition of Gross Area.)
NON-ELECTRIC VEHICLE:
Vehicle that does not meet the definition of Electric Vehicle (EV).
NURSERY, PLANT MATERIAL:
A space, building or structure, or combination thereof for the growing of live trees, shrubs, evergreens or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of nursery within the meaning of this Title does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
NURSING HOME:
See definition of Convalescent Home.
OCTAVE BAND:
Means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
ODOR THRESHOLD:
The minimum concentration of odorous matter in the air that can be identified as an odor.
OFF-STREET PARKING OR LOADING FACILITY:
A building, structure, parcel of land or portion thereof, which provides off-street parking spaces or loading berths, including parking access driveways and aisles, and which is either a principal or accessory use.
OFF-STREET PARKING SPACE OR LOADING BERTH:
An open, hard-surfaced area of land other than a right of way, and access driveways and aisles, the use of which is for the standing, loading and unloading of motor vehicles.
OFFICIAL MAP:
The map showing the streets, highways, parks and other land uses theretofore laid out, adopted and established by law and any amendments or additions thereto.
OPACITY:
The degree of obstruction of light; the greater opacity, the greater the obstruction of light.
OPEN SALES LOT:
Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out- of-doors prior to sale. Such merchandise includes, but is not limited to, automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
OPEN SPACE:
That portion of a lot or parcel of land unoccupied by buildings, structures, rights of way and off-street parking or loading facilities.
ORDINANCE:
Reference to ordinance shall, unless the context requires another interpretation, be construed as the Darien Zoning Ordinance.
PARKING GARAGE:
A principal building or structure intended and used for the storage of motor vehicles pursuant to previous arrangements and to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
PARKING GARAGE, ACCESSORY:
An accessory building or structure or an accessory portion of the principal building or structure which is intended and used to store private motor vehicles owned by members of the family or families residing upon the premises or by the owners, employees or patrons of the business or industrial uses.
PARKING LOT:
An open area, other than a public right of way, intended and used for the storage of motor vehicles pursuant to previous arrangements and to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold.
PARKING LOT, ACCESSORY:
An open area, other than a public right of way, which is accessory to the principal use of the lot and which is intended and used to store private motor vehicles owned by members of the family or families residing upon the premises or by the owners, employees or patrons of the business or industrial uses.
PARKING MODULE:
One access aisle servicing a row of parking on each side of the aisle.
PARKING RESERVOIR:
Off-street parking spaces allocated to motor vehicles awaiting entrance to a drive-in establishment.
PARKING STALL LENGTH:
Longitudinal dimension of the stall perpendicular to the aisle.
PARKING STALL WIDTH:
The width of a parking stall measured crosswise to the vehicle.
PARKING, WALKING DISTANCE:
The distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.
PARTICULATE MATTER:
Material, which is suspended in or discharged into the atmosphere in finely, divided form, as a liquid or solid.
PATIO/TERRACE:
A level plane or platform which is located adjacent to one or more faces of a principal or accessory building and which is constructed not more than four feet (4') above the grade level of the adjoining ground, but excluding driveways and parking facilities.
PERFORMANCE STANDARDS:
Criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosion hazards, glare and heat, and radiation hazards generated by or inherent in uses of buildings, structures or land.
PILOT PLANT:
A building or structure used for the testing of commercial or industrial processes and products for the manufacturing of products for testing purposes.
PLANNED UNIT DEVELOPMENT (PUD):
A parcel of land which is of sufficient size as defined in the applicable zoning district regulations and the planned unit development regulations of Chapter 3 of this Title, and which is under single ownership or unified control and which may be granted variations from specific land use regulations and design standards in order to accomplish the purposes of the planned unit development regulations as specified in Chapter 3 of this Title.
PLANTS:
For the purposes of regulated and nonregulated intersections, as defined and as regulated in Section 5A-5-7-2 of this Title, the word "plants" shall include trees, except those whose branches have been trimmed to a point not less than six feet (6') above the ground, or which have no such branches.
PLAT:
A map indicating graphically, a proposed land subdivision of resubdivision prepared in a form suitable for filing for record with the necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
PORCH:
A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PREMISES:
A parcel of land and all buildings and structures thereon.
PRESCHOOL:
See definition of School, Nursery.
PROPERTY:
The word "property" shall mean and include public as well as private property.
PROPERTY LINES:
The lines bounding a lot.
PUBLIC OR PRIVATE UTILITY FACILITY:
Any person, firm, corporation or municipal department which is authorized to furnish, under public regulation, electricity, gas, steam, telephone communications, transportation, sewer or water.
RETAIL, GENERAL:
The general sale of commodities to the consumer.
RIGHT OF WAY:
Any public or private, existing or dedicated sidewalk, street, highway or other thoroughfare.
RINGELMANN CHART:
Described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER:
The number of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.
ROUTE 83 CORRIDOR:
That territory located within the corporate limits of the City of Darien which had frontage along the west side of Route 83. The Route 83 Corridor runs generally from 67th Street on the north to 69th Street on the south and from Plainfield Road on the north to just south of 74th Street on the south.
SANITARIUM:
See definition of Hospital.
SCHOOL:
An institution, either public or private, which offers systematic instruction in any branch or branches of knowledge.
SCHOOL, MUSIC OR DANCE:
A school which offers instruction in the performing arts.
SCHOOL, NURSERY:
An instructional facility for preschool children.
SCHOOL, TRADE OR VOCATIONAL:
A school, which offers instruction in nonacademic but skilled subjects such as typing, shorthand, business machines, carpentry, drafting and automobile mechanics.
SERVICES, GENERAL:
The business or occupation of doing work for others for a fee such as shoe repair or clock repair.
SHOPPING CENTER:
A building or structure or a group of buildings or structures in which is located a group of business establishments, and which is planned, developed, owned and managed as a unit.
SHORT-TERM RENTAL:
A single-family dwelling, or a residential dwelling unit in a multi-unit structure, condominium, cooperative, timeshare or similar joint property ownership arrangement that is rented for a fee for less than 30 consecutive days. "Short-term rental" includes vacation rentals. "Short-term rental" does not include:
(A)   A dwelling that is used for any non-residential purpose, including educational, health care, retail, restaurant, banquet space, event center or other similar uses;
(B)   A bed and breakfast establishment as defined in Section 2 of the Bed and Breakfast Act; or
(C)   Transient accommodations, including hotels and motels that are not classified as residential property for real property taxation purposes.
SMOKE:
The visible discharge from a chimney, stack, vent, exhaust or combustion process, which is made up of particulate matter.
SMOKE UNIT:
The number obtained when the smoke density in the Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(A)   A Ringelmann density reading shall be made at least once a minute during the period of observation;
(B)   Each reading is then multiplied by the time in minutes during which it is observed; and
(C)   The various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL:
The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER:
An instrument standardized by the American Standards Association for measurement of the intensity of sound.
STACKING:
The space provided for vehicles that are awaiting service at a drive-through or drive-in facility. For purposes of this definition, no area within any car wash structure may count toward meeting the stacking requirement; however, the space directly adjoining a drive-through window shall be included in the stacking requirement. Stacking spaces shall be a minimum of twenty feet (20') in length and nine feet (9') in width.
STACKING SPACES:
See definition of Parking Reservoir.
STORY:
That part of a building or structure between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is not a story.
STORY, HALF:
That portion of a building or structure under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2') above the finished floor of each story.
STRUCTURAL ALTERATION:
Any change, other than incidental repairs, which prolongs the life of the supporting members of a building or structure, such as the addition, removal or modification of bearing walls, columns, beams, girders or foundations.
STRUCTURE:
An object which is constructed or erected and which requires permanent location on the land or attachment to an object having permanent location on the land.
STRUCTURE, NONCONFORMING:
A structure which lawfully exists upon the effective date hereof or amendment of this Title and which does not conform to the bulk or use regulations or to the required conditions of the zoning district in which located by reason of the adoption or amendment of these regulations.
STRUCTURE, PRINCIPAL:
A building or structure in which a principal use is conducted.
STRUCTURE, TEMPORARY:
A structure not permanently located, placed, or affixed to the ground.
SWIMMING POOL:
Any aboveground or in-ground structure used or capable of being used for swimming, wading or bathing (including drained pools), twenty four inches (24") or more in depth, or with a surface area exceeding seventy five (75) square feet.
TERRACE:
See definition of Patio/Terrace.
USE:
The purpose or activity, for which the land or building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, NONCONFORMING:
The use of any building, structure or parcel of land which lawfully is occupied and maintained upon the effective date hereof or amendment of this Title and which does not conform to the use regulations or to the required conditions of the zoning district in which it is located by reason of the adoption or amendment of these regulations.
USE, PERMITTED:
A use which may be lawfully established in a particular zoning district or districts, providing it conforms with all requirements, regulations and standards of such zoning district.
USE, PRINCIPAL:
The primary purpose or function of a building, structure or parcel of land. A principal use may be either a permitted use or a special use.
USE, SPECIAL:
A use which, because of its unique characteristics, may be allowed in a specified zoning district permitting it as a conditional use, only after special consideration of its impact upon neighboring land and of public need for the use at the particular location.
USE, TEMPORARY:
A use of a building, structure or parcel of land which is impermanent and in existence for a limited amount of time.
VARIATION:
A waiver of the terms of the Zoning Title where, due to conditions peculiar to the property, a literal enforcement of this Title would result in unnecessary and undue hardship.
VARIATION, COMPANION:
A variation accompanied by a request for an amendment, special use or plat application.
VARIATION, USE:
A variation which grants a use in a zoning district which is not a permitted or a special use in such district, without using the amendment procedure.
VEHICLE, MOTOR:
Any self-propelled, wheeled conveyance that does not run on rails and that carries passengers, goods and equipment.
VIBRATION:
The periodic displacement, measured in inches, of earth at designated frequency cycles per second.
VIOLATION:
The act of disregarding, disobeying, neglecting, omitting or refusing to comply with the regulations or enforcement of this Title.
WHOLESALE:
A business which primarily sells in quantity or bulk to a person or entity for resale.
YARD:
An open space which is located at grade between a building or structure and the adjoining lot lines and which is unobstructed or unoccupied by any portion of the building or structure from the ground upward, except as provided in Section 5A-5-7 of this Title. An "actual yard" differs from a "required yard" in that the "actual yard" includes the "required yard" plus any yard provided between the "required yard" and the structure and/or building. The "required yard" is the minimum yard as required by the applicable zoning district.
    Yard, Corner Side:
A yard which is bounded by the front yard line, corner side yard line, rear yard line, and corner side lot line.
   Yard, Front:
A yard which extends across the full width of the lot and which is bounded by the side lot lines, the front lot line and the front yard line.
   Yard, Interior Side:
A yard which is bounded by the front yard line, interior side yard line, rear yard line, and side lot line.
   Yard, Rear:
A yard which extends across the full width of the lot and which is bounded by the side lot lines, the rear lot line, and the rear yard line.
YARD LINE:
A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in section 5A-5-7 of this title.
   Yard Line, Corner Side:
A line which extends across the lot and is parallel to the corner side lot line and which is not nearer to the corner side lot line at any point than the required corner side yard depth.
   Yard Line, Front:
A line which extends across the lot and is parallel to the front lot line and which is not nearer to the front lot line at any point than the required front yard depth.
   Yard Line, Interior Side:
A line which extends across the lot and is parallel to the interior side lot line and which is not nearer to the interior side lot line at any point than the required interior side yard depth.
   Yard Line, Rear:
A line which extends across the lot and is parallel to the rear lot line and which is not nearer to the rear lot line at any point than the required rear yard depth.
ZONING DISTRICT MAP:
The map incorporated herein as a part of this title designating zoning districts.
ZONING ENFORCEMENT OFFICER:
The Director of Community Development is the officer responsible for enforcing and administering all requirements of this title. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-12-07, 4-2-2007; Ord. 0-03-18, 2-5-2018; Ord. O-11-23, 6-19-2023; Ord. O-24-23, 11-20-2023)