(A)   Minimum Standards: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, and general welfare.

   (B)   Governing Section: Where the conditions imposed by any provision of this title upon the use of land or buildings, upon the bulk of buildings, or upon lot area and yard requirements, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   (C)   Effect On Private Agreements: The provisions of this title shall prevail over any covenant, easement, or other private agreement which purports to limit or authorize the use of property in a manner inconsistent with this title. Provided, however, that if the Corporate Authorities know of the existence of a private covenant, easement, or other agreement which if enforced would cause the property to be nonconforming, the Corporate Authorities shall consider such private agreement in a determination as to whether a proposed use for the property complies with the provisions of this title. The provisions of this title shall not, however, prevent any party from attempting to enforce any covenant, easement, or private agreement to which he is a party or a beneficiary. (Ord. 0-03-00, 4-3-2000)

The several provisions of this title are separable, as follows:

   (A)   Invalid Provision: If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.

   (B)   Invalid Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (Ord. 0-03-00, 4-3-2000)

   (A)   From and after the effective date hereof, the use of all land and every building erected, altered with respect to height or area, added to, or relocated, and every use within a building, or use accessory thereto, in the City, shall be in conformity with the provisions of this Title and any amendment hereto, which are applicable to the zoning districts in which such buildings, structures, or uses shall be located. Any existing building or structure and any use of properties not in conformity with the regulations herein prescribed shall be regarded as nonconforming properties or uses.

   (B)   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and provided that construction was begun before the effective date hereof or any amendment hereto, and completion is accomplished within eighteen (18) months of the effective date hereof, or any amendment hereto, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit had been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 4 of this Title.

   (C)   No building, structure, or use not lawfully existing at the time of the effective date hereof, shall become or be made lawful unless such building, structure, or use shall be allowable under the terms of this Title; and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this Title, said building, structure, or use remains unlawful hereunder. (Ord. 0-03-00, 4-3-2000)

In the construction of this Title, the rules of language contained herein shall be observed and applied, except when the context clearly indicates otherwise.

   (A)   The particular shall control the general.

   (B)   In case of any difference of meaning or implication between the text of this Title and any caption or illustration, the text shall control.

   (C)   The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

   (D)   Words used in the present tense shall include the future; and the future the present; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary; and the masculine gender shall include the feminine and neuter.

   (E)   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either-or", the conjunction shall be interpreted as follows:

      1.   "And" indicates that all the connected items, conditions, provisions, or events do or shall apply.

      2.   "Or" indicates that the connected items, conditions, provisions, or events shall apply either singly or in combination.

      3.   "Either-or" indicates that the connected items, conditions, provisions, or events shall apply either singly or in combination.

   (F)   All measured distances or standards shall be to the nearest integer; if a fraction is one-half (1/2) or less, the integer next below shall be taken.

   (G)   All words and terms as set forth in Chapter 13 of this Title, wherever they occur in this Title shall be interpreted as therein defined. Any words or terms not listed shall be construed in their general accepted meanings as defined in the most recent publication of Webster's Dictionary. (Ord. 0-03-00, 4-3-2000)

   (A)   Every lot created subsequent to the effective date hereof or any amendment hereto shall meet the minimum lot size requirements of the district within which it is located. In any zoning district, only one principal building, structure, or use, along with permitted accessory uses, buildings or structures, may be established on any lot. Construction upon any lot which is of record on the effective date hereof or any amendment hereto which is nonconforming as to the minimum lot size requirement of the zoning district in which it is located shall be governed by Illinois law relating to the duty of the Municipality to issue building permits upon lots of record which do not comply with minimum current subdivision standards.

   (B)   Each lot must be on a public street, except that with the approval of the City Council a lot may be allowed on a private street within a planned unit development.

   (C)   The area of all lots shall be determined after first excluding all public and private rights of way.

   (D)   Lot widths shall conform to the district requirements as found elsewhere in this Title. The minimum length of a front lot line, however, for interior lots measured along the public right of way shall be forty feet (40'). In addition, all lot lines not considered a rear or side lot line as herein defined, and approximately parallel to the rear lot line shall be considered a front lot line and yards shall be in accordance with the provisions set forth within the respective zoning districts.

   (E)   The front of a house, as indicated by the location of the front door and architectural features, shall face the front lot line with a front yard setback between the front of a house and front lot line.

   (F)   Flag lots, as herein defined, are prohibited. (Ord. 0-03-00, 4-3-2000)

   (A)   The following uses of land, buildings, or structures are allowed in the districts indicated hereinafter under the conditions specified in this Title:

      1.   Permitted uses lawfully established and existing prior to the effective date hereof if they remain permitted uses in the underlying zoning district as established in this Title.

      2.   Permitted uses lawfully established and existing prior to the effective date hereof which are special uses in the underlying zoning district as established in this Title, thereby become nonconforming uses unless allowed as special uses in accordance with the provisions of Section 5A-2-2-6 of this Title.

      3.   Special uses lawfully established and existing prior to the effective date hereof if they remain special uses in the underlying zoning district as established in this Title; provided, that the conditions imposed upon the granting of the original special use shall remain in effect.

      4.   Special uses lawfully established and existing prior to the effective date hereof which are permitted uses in the underlying zoning district as established in this Title; provided, that any conditions imposed by ordinance upon the granting of the original special use shall remain in effect.

      5.   Permitted uses as designated in this Title and established after the effective date hereof.

      6.   Special uses as designated in this Title and established after the effective date thereof, allowed in accordance with the provisions of Section 5A-2-2-6 of this Title or Chapter 3 of this Title.

      7.   Uses lawfully established and existing prior to the effective date hereof, rendered nonconforming by the provisions herein, shall be subject to the regulations of Chapter 4 of this Title. (Ord. 0-03-00, 4-3-2000)

   (A)   Yard requirements shall be as set forth under each zoning district for all buildings, structures, and uses.

   (B)   All required yards shall be unobstructed from the ground level to the sky, unless regulated by Section 5A-5-7-3 of this Chapter or by the parking provisions within each zoning district. All accessory buildings, structures, or uses shall comply with the yard requirements of the principal buildings, structures, or uses unless otherwise specified in Section 5A-5-9 of this Chapter.

   (C)   Any public roadway which exists by dedication, easement, or prescription and which is located on the lot shall not be included as part of the required yard.

   (D)   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

   (E)   No yards on, or hereafter provided, for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this title for equivalent new construction, except in compliance with subsection 5A-4-3-1(B) of this title.

   (F)   The maintenance of yards, courts, and other open spaces and the minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space, or minimum lot area allocated to any building, shall by virtue or change of ownership or for any other reason, be used to satisfy yard, court, or other open space or minimum lot or site area requirements for any other building.

   (G)   All yards, courts, and other open spaces allocated to a building or group of buildings shall be located on the same lots as such building or group of buildings. (Ord. 0-03-00, 4-3-2000)

Fences, walls, parapets, shrubs, bushes, and other plants and obstructions of a height greater than thirty inches (30") above the adjoining street grade shall not be permitted in the areas within triangles formed by extending each of the nearest curb lines of the two (2) adjoining intersecting streets to two (2) points, each up to but not exceeding fifty feet (50') distant from the point of intersection of said curb lines and a line connecting said two (2) points. If a permanent building exists within the triangle thus formed, the lengths of the legs shall be reduced to the extent of a forty five degree (45°) line across the outer building corner. (Ord. 0-03-00, 4-3-2000)

The following shall not be considered to be obstructions when located in the required yards specified: (Ord. 0-03-00, 4-3-2000)

   (A)   In all required yards:

      1.   Overhanging eaves and gutters, awnings, canopies, balconies, chimneys, bay windows, sills, cornices, and solar collector panels mounted on the wall of a building may project three feet (3') or less into the yard; (Ord. 0-03-18, 2-5-2018)

      2.   Steps and sidewalks which are necessary for access to a permitted building or for access to a lot from a street provided they are not located within an easement and are set back a minimum of five feet (5') from any side or rear lot line;

      3.   Driveways as regulated in the applicable zoning district regulations and in section 5A-11-3 of this title;

      4.   Flagpoles, fountains, sculptures, plant boxes, and other similar ornamental objects;

      5.   Fences as regulated in section 5A-5-8 of this chapter and in the applicable zoning district regulations; and

      6.   Open, accessory parking spaces and parking facilities as permitted under chapter 11 of this title, and in the applicable zoning district regulations.

   (B)   In required front yards: Open, unenclosed patios/terraces, which do not have a roof, awning, or canopy, and which are not over four feet (4') above the grade of the adjoining ground, projecting five feet (5') or less into the required yard. (Ord. 0-03-00, 4-3-2000)

   (C)   In required rear yards:

      1.   Private swimming pools in accordance with the provisions of sections 5A-5-8 and 5A-5-9 of this chapter and of other applicable ordinances of the City.

      2.   Open, unenclosed patio/terraces and decks which do not have a roof, awning or canopy and which are not over four feet (4') above the grade of the adjoining ground may extend not more than ten feet (10') into the required yard.

      3.   Accessory buildings, structures, and uses as permitted in section 5A-5-9 of this chapter.

      4.   Air conditioning units projecting five feet (5') or less into the required rear yard.

      5.   Arbors and trellises.

      6.   Generators may be located not more than five feet (5') from the exterior wall of the principal structure and are required to maintain a minimum clearance of ten feet (10') from any window or door opening. Generators are required to be screened by either landscaping or a fence type structure.

   (D)   In required side yards: Arbors and trellises.

   (E)   In required interior side yards: Generators may be located not more than five feet (5') from the exterior wall of the principal structure and are required to maintain a minimum clearance of ten feet (10') from any window or door opening. Generators are required to be screened by either landscaping or a fence type structure. (Ord. 0-35-13, 12-2-2013)

On corner lots, if the lot meets the minimum lot depth from both street frontages, the developer of the parcel of land may determine, at time of final plat of subdivision approval or building permit approval in the case of already platted lots, which street side of the lot shall be considered the front yard and which shall be considered the corner side yard, and must comply with all setback requirements. (Ord. 0-03-00, 4-3-2000)

It shall not be deemed a violation of the yard requirements of this title if a building or structure encroaches upon a required yard under both of the following conditions:

   (A)   The building or structure does not encroach into more than one required yard; and

   (B)   The encroachment does not exceed three inches (3").

The zoning enforcement officer shall review each case of such encroachment to determine compliance with this section. If the encroachment does not comply with these conditions, the variation procedure must be followed. (Ord. 0-03-00, 4-3-2000)

   (A)   Prior to the installation of a fence, grade level cannot be changed without the approval of the zoning enforcement officer.

   (B)   The fence shall be positioned so that the finished side faces away from the lot on which it is erected. Fences that appear essentially the same from either side (i.e., fences that appear identical from either side except for the posts which are the same material and color as the rest of the fence), fences designed so that both sides can be considered a finished face, and fences that alternate the finished side panels in both directions, may be approved by the zoning enforcement officer.

   (C)   Fences that enclose a yard or yards shall have a gate allowing ingress and egress to the enclosed yard. (Ord. 0-03-00, 4-3-2000)

   (A)   Residence Districts:

      1.   Fences are prohibited in the front yard. Fences which are nonconforming to this requirement shall be governed by chapter 4 of this title.

      2.   Fences may be erected and maintained in the corner side yard setback to a maximum height of six feet (6'), provided that the fence does not extend beyond the front yard line. However, in any corner side yard abutting Route 83, Cass Avenue, Plainfield Road and 75th Street, fences shall be permitted to be erected and maintained to a maximum height of eight feet (8'), provided the fence does not extend beyond the front yard line.

      3.   Fences shall be permitted in interior side yards, provided that the fence does not extend beyond the front yard line and does not exceed the height of six feet (6').

      4.   Fences shall be permitted in the rear yard to a height not to exceed six feet (6'), provided that the height of the fence shall not exceed four feet (4') in that part of the actual rear yard abutting a front yard of another lot.

      5.   In any rear yard extending along Route 83, Cass Avenue, Plainfield Road and 75th Street, fences shall be permitted not to exceed eight feet (8'). In any rear yard extending along other major arterial, minor arterial, and collector streets, fences shall be permitted not to exceed six feet (6').

      6.   Fence type structures such as privacy screens and open patio enclosures not located in required yards shall not be considered as fences but as an architectural detail of the residence. Location, height, type of material, and construction technique shall be approved by the zoning enforcement officer.

      7.   Fence type structures such as landscape fences 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, shall not be considered as fences. Location, height, type of material and construction technique shall be approved by the zoning enforcement officer. (Ord. 0-14-13, 5-6-2013)

   (B)   Business Districts: These are the regulations that apply to business uses except where the fences are required for buffering or screening purposes under section 5A-5-8-3 of this chapter.

      1.   In rear and interior side yards fences shall be permitted; provided, that the fence does not extend beyond the front line, or in the case of corner lots, not beyond the street side line, of the building or structure and does not exceed the height of six feet (6').

      2.   In front yards, corner side yards or in that part of the rear yard between the corner side lot line and the corner side yard line, open fences shall be permitted to a height not to exceed four feet (4').

   (C)   Office-Industrial Districts: These are the regulations that apply to office-industrial uses except where the fences are required for buffering or screening purposes under section 5A-5-8-3 of this chapter.

      1.   In rear and interior side yards, fences shall be permitted; provided, that the fence does not extend beyond the front line, or in the case of corner lots, not beyond the street side line, of the building or structure and does not exceed a height of eight feet (8').

      2.   In front yards, corner side yards or in that part of the rear yard between the corner side lot line and the corner side yard line, open fences shall be permitted to a height not to exceed four feet (4'). (Ord. 0-03-00, 4-3-2000)

   (A)   Business And Office-Industrial Districts:

      1.   Residential Adjacency: Where a lot in the business or office- industrial district adjoins a lot in a residential district, a fence is required as provided in the applicable zoning district regulations.

      2.   Outside Storage: Where outside storage is allowed, a fence is required as provided in the applicable zoning district regulations.

   (B)   Swimming Pools: All swimming pools containing twenty four inches (24") or more of water in depth at any point, shall be completely enclosed by a fence surrounding either the rear yard or the immediate pool area. Such enclosure, including gates therein, must be at least four feet (4') above the adjoining grade therein, must be at least four feet (4') to the edge of the swimming pool. All gates must be self-closing and self-latching with latches placed at least four feet (4') above grade. Provided, however, that aboveground pools need not be enclosed by such fence if the following conditions are met:

      1.   The walls of the pool measure a minimum of three feet (3') in height from every point of the adjoining ground where the pool is located, and the pool has a fence or other barrier that is permanently attached around the entire pool as part of the structure of the pool and which is thirty inches (30") or more in height above the top of the pool deck and rim.

      2.   The entrance or stairway of the pool is a latched or hinged facility, which locks at the top.

      3.   There are no openings or gaps between the fence and pool larger than four inches (4") except doors and gates. (Ord. 0-03-00, 4-3-2000)

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building or structure to which it is accessory. Unless expressly excluded, accessory uses, buildings, and structures are allowed in every zoning district under this title. (Ord. 0-03-00, 4-3-2000)

Accessory buildings, structures, or uses may be attached to, established within, or detached from the principal building, structure, or use of land.

   (A)   Yard Requirements For Accessory Structures:

      1.   Attached Accessory Structures: Attached accessory structures must meet the setback requirements of the applicable district or be in compliance with section 5A-5-7-3 of this chapter.

      2.   Detached Accessory Structures:

         (a)   Front Yard, Corner Side Yard, And Interior Side Yard: No detached accessory building or structure, shall be erected, altered, or moved to a location within any part of a front yard, corner side yard, or interior side yard, except as may be permitted under chapter 11 of this title, section 5A-5-7-3 of this chapter, and the applicable zoning district regulations.

         (b)   Rear Yard:

            (1)   No detached accessory building or structure shall be erected, altered or moved to a location within that part of a rear yard located within five feet (5') of the rear lot line, or to those portions of the side lot lines abutting such rear yard, or within any platted easement.

            (2)   In residential districts, no detached accessory building or structure shall be erected, altered, or moved to a location within the actual rear yard closer than fifteen feet (15') from the corner side lot line.

   (B)   Required Separation From The Principal Building: No detached accessory building or structure, shall be erected, altered or moved to a location within five feet (5'), measured from vertical wall to vertical wall, of the nearest wall of a principal building. Accessory buildings or structures built more than five feet (5'), but less than ten feet (10'), from the principal building shall be constructed so that all exterior walls within ten feet (10') of the principal building be of one hour fire rated construction. (Ord. 0-03-00, 4-3-2000)

All accessory buildings, structures, or uses shall comply with the height limitations of the zoning district in which located; provided, that the accessory building, structure, or use does not exceed the height of the principal building, structure, or use, except as provided in section 5A-5-12 of this chapter. In residence districts, the maximum height of a hip or gable roofed garage (3/12 minimum roof pitch) shall be fourteen feet (14'), and for all other garages, accessory buildings, structures, or uses, the maximum height shall be twelve feet (12'); and further provided, that in no case shall an accessory building, structure, or use exceed the height of the principal building, structure, or use. (Ord. 0-03-00, 4-3-2000)

   (A)   For Dwelling Purposes: In residence districts, no accessory building or structure shall be used for dwelling purposes. In the business and office-industrial districts, accessory buildings and structures may be used for dwelling purposes as may be allowed in those districts. (Ord. 0-03-00, 4-3-2000)

   (B)   Accessory Buildings, Structures, And Uses Not Specifically Listed Or Normally Allowed: All accessory buildings, structures, and uses not specifically or normally allowed shall be prohibited unless approved by the City Council after a public hearing before the Plan Commission.

   (C)   Solar Energy Systems, Building-Mounted: Solar energy systems, building- mounted are allowed as an accessory use in all zoning districts. (Ord. 0-03-18, 2-5-2018; amd. Ord. O-01-25, 1-20-2025)

The sum of all accessory buildings or structures which are not attached to the principal building or structure shall not occupy more than thirty percent (30%) of the actual rear yard. An individual accessory building or structure which is not attached to the principal building or structure shall not exceed an area of eight hundred (800) square feet except as allowed in chapter 11 of this title, and the applicable zoning district regulations. In-ground swimming pools may exceed eight hundred (800) square feet so long as the sum of the areas of the pool and all other accessory buildings, structures and impervious surfaces not attached to the principal building or structure does not exceed thirty percent (30%) of the actual rear yard. (Ord. 0-03-00, 4-3-2000)

All accessory buildings or structures shall comply with the bulk regulations of the zoning district in which located. The area of the accessory building or structure shall be included in the computation of the lot coverage or floor area ratio, as appropriate. (Ord. 0-03-00, 4-3-2000)

Satellite earth station receiving antennas are permitted in residential districts under the following conditions:

   (A)   Maximum diameter of twelve feet (12').

   (B)   Not permitted in front yards or side yards.

   (C)   Maximum height when freestanding is sixteen feet (16').

   (D)   Maximum height when mounted on a residential structure or an accessory building no greater than ten feet (10') above the building eave and located at the rear of the structure.

   (E)   Mesh type antenna materials are preferable.

   (F)   Colors are to be subdued earth tones - matte finish grays, browns, and black.

In all other zoning districts, satellite earth station receiving antennas are permitted and regulated as accessory structures. (Ord. 0-03-00, 4-3-2000)

Solar energy systems, building-mounted are subject to the following standards:

   (A)   Building-integrated solar collectors may be located anywhere on a building.

   (B)   Solar panel collectors mounted on a roof are subject to the following standards:

      1.   Panels may not extend out sideways from the roof.

      2.   Panels mounted on portions of the roof facing the street, must be flush-mounted.

      3.   Panels mounted on portions of the roof not facing the street, may be flush-mounted or not flush-mounted.

      4.   Panels on a peaked roof that are not flush-mounted may not exceed the height of the peak of the roof.

      5.   Panels on a flat roof that are not flush-mounted must have a parapet or screening wall between the panels and the adjacent street and said parapet or screening wall must be at least as high as the panels. (Ord. 0-03-18, 2-5-2018)

   (A)   All public and private utility facilities shall conform to the performance standards of chapter 12 of this title.

   (B)   All uses in business districts and office-industrial districts shall conform to the performance standards of chapter 12 of this title. (Ord. 0-03-00, 4-3-2000)

The storage and parking of trailers, tow dollies, snow plow blades, boats, boat trailers, mobile homes, travel trailers, campers, off road vehicles, personal watercraft and other recreational vehicles as defined by the Illinois Vehicle Code, herein referred to as recreational vehicles, shall be as follows:

   (A)   Storage And Parking Of Recreational Vehicles: One recreational vehicle, or one boat on a trailer, or one trailer with up to two (2) personal recreational vehicles, one trailer, one tow dolly or one snow plow blade, when not attached to a vehicle, may be stored outside an enclosed structure within a rear or interior side yard only, subject to the following:

      1.   Recreational vehicles may be parked within a front or corner side yard, on a driveway, under the following conditions:

         (a)   For loading, unloading, cleaning and related activities for a period not exceeding three (3) consecutive days.

         (b)   For temporary occupancy by guests as permitted by this section.

      2.   The recreational vehicle shall not be used or occupied for living, housekeeping or business purposes, except for use by temporary guests not to exceed a period of fourteen (14) consecutive days and for not more than two (2) occurrences in a calendar year.

      3.   The recreational vehicle shall not exceed thirty five feet (35') in length and eight feet (8') in width except that boats shall not exceed twenty five feet (25') in length and ten feet (10') in height, exclusive of antennas, masts, or other accessories.

      4.   All such recreational equipment must be kept in good repair and carry a valid current year's license and/or registration.

      5.   All recreational vehicles shall be parked or stored on an asphalt, concrete or other hard surface material which meets the setback requirement for driveways set forth in subsection 5A-11-3(A)4 of this title. (Ord. 0-20-14, 7-7-2014)

   (A)   Height limitations shall be as set forth under each zoning district for all buildings, structures, and uses of land.

   (B)   Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, false mansards, parapet walls, and similar structures and necessary mechanical appurtenances not visible from the public right-of-way or screened may be erected to their customary height, regardless of the height limitations of the zoning district in which they are located.

   (C)   Transmitting towers and radio towers may extend to a height of sixty feet (60'), including antennas, measured from the average elevation of the finished lot grade at the front of the building, or structure, regardless of the height limitations of the zoning district in which they are located. Said towers shall meet the yard requirements of the zoning district in which they are located. (Ord. 0-03-00, 4-3-2000)

Any customary home occupation may be conducted in any dwelling unit in any zoning district in which dwelling units are permitted. (Ord. 0-03-00, 4-3-2000)

No home occupation shall be conducted unless it is operated for one of the following general uses:

   Limited production or manufacturing of goods such as artists' studios and pottery making and ceramics establishments.

   Offices, business or professional.

   Personal services, including, but not limited to, babysitting services, barbershops, beauty shops, custom dressmaking establishments, photography studios, repair shops, tailor shops, and massage therapy. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-02-02, 1-21-2002)

The following regulations shall govern the operation of home occupation:

   (A)   The home occupation shall be accessory, incidental, and secondary to the principal use of the dwelling for dwelling purposes.

   (B)   The home occupation shall be conducted entirely within the dwelling unit and accessory buildings.

   (C)   Not more than twenty five percent (25%) of the gross floor area of the dwelling unit and accessory buildings shall be occupied by the home occupation.

   (D)   One person who is not a resident of the dwelling unit may be employed permitted to assist in the home occupation.

   (E)   Supplies and equipment shall be delivered by United States letter carrier mail, parcel delivery service or private passenger automobile or van.

   (F)   There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling. No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.

   (G)   No equipment or process shall be used in such home occupation which creates noise audible from the outside, dust, vibration, smoke, glare, fumes, odors, fire hazards, electrical interference, or any other hazard or nuisance to any greater or more frequent extent than that usually expected in an average residential unit in the district in question under normal circumstances wherein no home occupation exists.

   (H)   No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located. (Ord. 0-03-00, 4-3-2000)

The following uses shall be examples of prohibited home occupations:

   Animal hospitals and kennels.

   Auto repair shops.

   Eating and drinking establishments.

   Funeral parlors.

   General retail.

   Medical and dental clinics. (Ord. 0-03-00, 4-3-2000)

In all residence, business, office and industrial districts, off street parking and loading facilities shall be provided as required or permitted in chapter 11 of this title. (Ord. 0-03-00, 4-3-2000)

In all residential, business, office and industrial districts, the temporary storage and/or placement of storage containers and dumpsters shall comply with the following regulations:

   (A)   Temporary storage and/or placement of storage containers and dumpsters in conjunction with construction activity requiring a building permit:

      1.   A total of two (2) storage containers and/or dumpsters are permitted at any one time, subject to the issuance of a valid building permit for the site, for the duration of the building permit.

   (B)   Temporary storage and/or placement of storage containers and dumpsters not in conjunction with construction activity or activities not requiring a building permit:

      1.   A total of two (2) storage containers and/or dumpsters are permitted at any one time.

      2.   Storage containers and/or dumpsters must be located within the front or rear yards and cannot be located within an interior or corner side yard.

      3.   Storage containers and/or dumpsters must be located on a hard surface.

      4.   Storage containers and/or dumpsters may be placed on the property for two (2) periods each calendar year, not to exceed thirty (30) consecutive days and not for more than sixty (60) days per calendar year.

      5.   Storage containers and/or dumpsters are required to be removed once the thirty (30) consecutive day period has ended. (Ord. 0-50-07, 12-3-2007)

   (A)   Short-Term Rentals are prohibited in the City of Darien.

   (B)   The offering of a Short-Term Rental in the City of Darien is prohibited.

   (C)   The prohibition on short-term rental units shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.

   (D)   Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any provisions of this section, shall be subject to a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. A separate offense shall be deemed committed on each day that such violation occurs or continues.

   (E)   The owner or tenant of any building, structure, or land, and any other person, who commits, participates assists in, or maintains such violation may each be found guilty of a separate offense and be subject to the penalties herein provided. (Ord. O-11-23, 6-19-2023; amd. Ord. O-15-25, 4-7-2025)

   (A)   General:

      1.   Electric vehicle charging stations and infrastructure shall be permitted as accessory uses to lawfully established principal uses in all zoning districts.

      2.   If the primary use of a parcel is the retail charging of electric vehicle batteries, then the use shall be considered as an "Automobile Service Station" for zoning purposes.

   (B)   Parking and Quantity Requirements:

      1.   Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements. A parking space served by electric vehicle supply equipment shall count as at least one and a half (1.5) standard automobile parking spaces.

      2.   Public electric vehicle charging stations must be reserved for parking and charging electric vehicles.

      3.   No minimum number of charging station spaces is required.

         (a)   New Construction.

            (1)   Residential: All new single-family and multi-family dwellings with garages be constructed to provide 220-240 volt/40-amp outlet on a dedicated circuit in close proximity to designated vehicle parking to accommodate the potential future hardwire installation of a Level 2 charging station.

            (2)   Nonresidential: All new and expanded nonresidential development parking areas provide the electrical capacity necessary to accommodate the future hardwire installation of Level 2 charging stations. It is recommended that a typical parking lot (e.g., 1,000 or less parking spaces) have a minimum ratio of two percent (2%) of the total parking spaces prepared for such stations.

      4.   Pavement Marking: Pavement markings are required. Any and all pavement markings shall be the color white or yellow and shall match the color used for all other parking stalls. No additional stencil will be permitted.

      5.   Accessible Charging Stations: Any location where electric vehicle charging stations are installed shall be required to have at least one (1) parking space equipped with an accessible charging station. Accessible charging stations should be located in close proximity to the building or facility entrance and shall be connected to a barrier free accessible route of travel to and from the building or facility. Accessible charging stations shall be maintained in compliance with the Americans with Disability Acts of 1990, 42 U.S.C. § 12101 and all applicable state and federal laws.

   (C)   Equipment Location and Design Criteria:

      1.   Electric charging station equipment may not be located in a place that obstructs or interferes with a driver's view of approaching, merging, or intersecting traffic in and around the right-of-way.

      2.   The charging station equipment must not impede pedestrian, bicycle, or vehicular traffic, or be located within the required area of the legal parking space, vehicle overhang, or associated circulation aisles as required by this chapter.

      3.   Adequate protection of charging station equipment from vehicles must be provided, such as curbing, bollards, or wheel stops. All equipment shall be maintained by the property owner where it is located and the owner shall provide warranty and services for the charging stations and infrastructure for the duration of their useful life.

      4.   Charging station outlets and connector devices shall be no less than thirty-six inches (36") and no higher than forty-eight inches (48") from the ground or pavement surface where mounted, and shall contain a retraction device and/or a place to hang permanent cords and connectors a sufficient and safe distance above the ground or pavement surface. Equipment shall be mounted on pedestals and located as to not impede pedestrian travel or create trip hazards on sidewalks.

      5.   Lighting: Where charging station equipment is installed, adequate site lighting shall be provided in accordance with City ordinances and regulations.

      6.   Data Collection: To allow for maintenance and notification, the City shall require the owners of public charging stations to provide information on the charging station's geographic location, date of installation, equipment type and model, and owner contact information to the Building Department.

   (D)   Landscaping:

      1.   Where landscaping is possible, landscaping shall be provided around electric vehicle supply equipment.

   (E)   Signage:

      1.   Public electric vehicle charging stations must be posted with signage indicating that the space is reserved for electric vehicle "charging" purposes only. The signage must also have a phone number or other contact information to report when the equipment is not functioning properly, and any time limits on use, tow away, or fine provisions. Information identifying voltage, amperage levels, usage fees, or safety information must be posted.

      2.   On-site advertising is allowed on an electric vehicle charging station only when it is an integral part of the electric vehicle charging station. All advertising is limited to the promotion of goods, services, and products of the owner and tenants on-site where the electric vehicle charging station is located. The on-site advertising may consist of static images that change no faster than once very ten (10) seconds or a continuous video on an LED screen. No advertisement shall play or emit any sound. Except as indicated in this section, the size of any on-site advertising signage shall not exceed four (4) square feet in gross surface area for each exposed face, nor exceed an aggregate gross surface area of six (6) square feet. On-site advertising signage on a video screen shall not exceed an aggregate gross surface area of one-fourth (0.25) square feet. (Ord. O-24-23, 11-20-2023)