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Darien City Zoning Code

CHAPTER 7

RESIDENCE DISTRICTS

5A-7-1-1: INTENT:

The R-1 District is intended to provide single-family areas and protect such areas from the encroachment of incompatible uses.
No R-1 District shall be established by any new regulation unless the proposed district area, by itself or in conjunction with any contiguous territory which either lies within the City and is already zoned R-1 or which lies within an adjacent municipality and is in a similar zoning classification, is at least five (5) acres. (Ord. 0-03-00, 4-3-2000)

5A-7-1-2: PERMITTED USES:

No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:
   (A)   Single-family detached dwellings.
   (B)   Public, denominational, or private schools, limited to elementary, junior or high schools, without boarding.
   (C)   Parks, playgrounds, and forest preserves when publicly owned and operated.
   (D)   Accessory uses and buildings to the above permitted uses.
   (E)   Home occupations. (Ord. 0-03-00, 4-3-2000)

5A-7-1-3: SPECIAL USES:

   (A)   The following uses may be permitted in specific situations in accordance with the procedures outlined in Section 5A-2-2-6 of this Title:
      1.   Civic buildings and governmental uses.
      2.   Planned unit developments in accordance with the requirements of Chapter 3 of this Title.
      3.   Public and private utility facilities.
      4.   Religious institutions, including, but not limited to, churches, rectories, seminaries, convents, and monasteries, including dormitories and other accessory uses required for operation.
      5.   Swimming, tennis, racquet, and other athletic club facilities.
      6.   Golf courses, not including commercially operated driving ranges or miniature golf courses.
      7.   Nursery schools, preschools, and daycare centers.
      8.   Privately owned parks and playgrounds.
      9.   Single-family residences subject to the conditions imposed herein and any other conditions required by the special circumstances of the application may be granted special uses to allow their conversion through remodeling to accommodate one of the following businesses: medical, dental, real estate, insurance, attorney, architect, engineer, optometrist, or accountant offices, beauty parlors, barbershops, or animal clinics where animals are housed only during treatment and not for custodial care.
         (a)   Applicability: Special uses authorized under this Section may only be granted to single-family residences on lots at least fifty feet (50') in width, which have addresses on Plainfield Road, Cass Avenue, or Route 83, and which in addition also abut for at least fifty feet (50'):
            (1)   A lot zoned B-1 or B-2;
            (2)   A lot containing a lawful commercial nonconforming use; or
            (3)   A lot granted the special use authorized in this subsection.
   (B)   Application: The application for the special use shall contain preliminary plans, prepared by a person with professional expertise, for the manner in which the single-family residence will be remodeled and shall describe the compatibility of the proposed use with nearby uses. The exterior dimension of the existing single-family residence (footprint) shall not be altered and a copy of a plat of survey prepared by a licensed land surveyor showing the dimensions of the existing structure shall also be submitted with the application for the special use.
   (C)   Compliance With Approved Plans And Building Codes: If the special use is granted, the final remodeling of the property shall proceed in substantial conformity with the preliminary plans as approved by the City Council. The structure granted such special use shall be required to comply with the building codes adopted by the City with respect to the appropriate use category.
   (D)   Amendments To Approved Plans: Minor modifications to approved plans may be approved by the Zoning Enforcement Officer. Any substantial modifications to the interior or the exterior of the structure not approved in the ordinance granting the special use shall require an amendment to the special use by the City Council. Such amendment may only be granted by the City Council after a public hearing before the Plan Commission and recommendation of the Planning and Development Committee.
   (E)   Parking: The parking requirements for a special use granted under this Section shall be those required under other provisions of the ordinances of the City for the particular business for which special use is granted. No parking, however, shall be allowed within the required front yard or within five feet (5') of the lot lines of the rear or side yards of the property. Unless specifically waived in the ordinance granting the special use, the rear yard and side yards of the property shall be completely fenced with a solid fence having a minimum height of four feet (4').
   (F)   Storm Water Management: The storm water management requirements for the subject property may be specified at the time of the granting of the special use or may be required prior to the issuance of the building permits. Such storm water management requirements shall be developed based upon the ordinances of the City, the drainage laws of the State and sound engineering practices directed towards the development of the property in a manner not to cause unreasonable flooding problems upon adjacent properties.
   (G)   Signage: A single-family residence granted the special use herein will be permitted to have only one sign. This sign shall be placed on the front face of the building and shall not exceed eight (8) square feet in area. The size and location of the proposed sign shall be submitted as part of the application and will be approved with the granting of the special use. The sign may be lighted, but only from the top and/or bottom of the sign and shall otherwise conform to the ordinances of the City regarding signs, including illumination and glare standards.
   (H)   Additional Conditions Of Approval: In addition to any specific conditions mentioned within this Section, the Plan Commission may recommend and the City Council may require such other conditions as shall allow the business to operate at the proposed site without interference or adverse effect upon nearby uses. (Ord. 0-03-00, 4-3-2000)

5A-7-1-4: REQUIRED CONDITIONS:

   (A)   All permitted uses other than single-family detached dwelling units and all special uses shall be subject to the screening and landscaping provisions of Chapter 10 of this Title.
   (B)   Swimming, tennis, racquet and other athletic clubs and public and private utilities shall be screened with trees, compact hedge or other natural fence of at least seventy five percent (75%) opacity all year long along all property lines. Lighting for operation of the facilities at night and sound systems shall be directed away from the surrounding properties.
   (C)   All permitted and special uses in the R-1 District shall comply with the driveway, off-street parking, and loading requirements of Chapter 11 of this Title. (Ord. 0-03-00, 4-3-2000)

5A-7-1-5: AREA, WIDTH AND DEPTH REQUIREMENTS:

The minimum area and width requirements for all buildings and structures in the R-1 District shall be as follows:
   (A)   Single-Family Detached Dwellings; Nursery Schools, Preschools And Daycare Centers: Not less than twenty thousand (20,000) square feet per lot, with a minimum width at the established building setback line of not less than ninety five feet (95'), and a minimum lot depth of not less than one hundred twenty five feet (125').
   (B)   Parks, Playgrounds And Forest Preserves; Public And Private Utility Facilities; Golf Courses; Public, Denominational Or Private Schools; Civic Buildings And Governmental Uses: None.
   (C)   Religious Institutions, Except Churches; Swimming, Tennis, Racquet And Other Athletic Clubs: Not less than two (2) acres with a minimum width at the established building line of not less than three hundred feet (300').
   (D)   Planned Unit Developments: Three (3) acres with a minimum width at the established building line of not less than three hundred feet (300').
   (E)   Churches: Not less than one acre. (Ord. 0-03-00, 4-3-2000)

5A-7-1-6: YARD REQUIREMENTS:

The minimum yards required for all buildings and structures in the R-1 District shall be as follows:
   (A)   Single-family detached dwellings:
      1.   Required Yard Depth:
            Front Yard: Forty five feet (45').
            Interior Side Yard: Ten feet (10').
            Corner Side Yard: Fifteen feet (15').
            Rear Yard: Forty feet (40').
   (B)   All other permitted and special uses, except for planned unit developments which shall be governed by the provisions of Chapter 3 of this Title:
         Front And Corner Side Yard: Forty five feet (45').
         Side Yard: Thirty feet (30').
         Rear Yard: Fifty feet (50'). (Ord. 0-03-00, 4-3-2000)

5A-7-1-7: HEIGHT LIMITATIONS, BULK REGULATIONS:

The maximum height for all buildings and structures in the R-1 District shall be two and one-half (21/2) stories, not to exceed thirty feet (30'). Not more than thirty five percent (35%) of the net site area shall be covered by principal buildings and structures and not more than fifty percent (50%) of the net site area shall be covered by principal and accessory buildings and structures and paved and impervious areas. (Ord. 0-03-00, 4-3-2000)

5A-7-1-8: MINIMUM FLOOR AREA:

Each single-family dwelling shall provide a minimum of one thousand five hundred (1,500) square feet in floor area. (Ord. 0-03-00, 4-3-2000)

5A-7-2-1: INTENT:

The R-2 District is intended to provide single-family areas which are characterized by smaller lots than are required in the R-1 District.
   No R-2 District shall be established by any new regulation unless the proposed district area, by itself or in conjunction with any contiguous territory which either lies within the City and is already zoned R-2 or which lies within an adjacent municipality and is in a similar zoning classification, is at least five (5) acres. (Ord. 0-03-00, 4-3-2000)

5A-7-2-2: PERMITTED USES:

No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:
   Any permitted use in the R-1 District. (Ord. 0-03-00, 4-3-2000)

5A-7-2-3: SPECIAL USES:

The following uses may be permitted in specific situations in accordance with the procedures outlined in Section 5A-2-2-6 of this Title:
   Any special use in the R-1 District. (Ord. 0-03-00, 4-3-2000)

5A-7-2-4: REQUIRED CONDITIONS:

   (A)   All permitted uses except detached single-family dwelling units, and all special uses shall be subject to the landscaping and screening provisions of Chapter 10 of this Title.
   (B)   Swimming, tennis, racquet and other athletic clubs and public and private utilities shall be screened with trees, compact hedge or other natural fence of at least seventy five percent (75%) opacity all year long along all property lines. Lighting for operation of the facilities at night and sound systems shall be directed away from the surrounding properties.
   (C)   All permitted and special uses in the R-2 District shall comply with the driveway, off-street parking, and loading requirements of Chapter 11 of this Title. (Ord. 0-03-00, 4-3-2000)

5A-7-2-5: AREA, WIDTH AND DEPTH REQUIREMENTS:

The minimum area and width requirements for all buildings and structures in the R-2 District shall be as follows:
   (A)   Single-Family Detached Dwellings; Nursery Schools, Preschools And Daycare Centers: Not less than ten thousand (10,000) square feet per lot, with a minimum width at the established building line of not less than seventy five feet (75') for interior lots and eighty five feet (85') for corner lots, and a minimum lot depth of not less than one hundred twenty feet (120').
   (B)   Parks, Playgrounds And Forest Preserves; Public And Private Utility Facilities; Golf Courses; Public, Denominational Or Private Schools; Civic Buildings And Governmental Uses: None.
   (C)   Religious Institutions, Except Churches; Swimming, Tennis, Racquet And Other Athletic Clubs: Two (2) acres with a minimum width at the established building line of not less than three hundred feet (300').
   (D)   Planned Unit Developments: Three (3) acres with a minimum width at the established building line of not less than three hundred feet (300').
   (E)   Churches: Not less than one acre. (Ord. 0-03-00, 4-3-2000)

5A-7-2-6: YARD REQUIREMENTS:

The minimum yards required for all buildings and structures in the R-2 District shall be as follows:
   (A)   Single-family detached dwellings:
         Front Yard: Thirty five feet (35').
         Interior Side Yard: Ten feet (10').
         Corner Side Yard: Fifteen feet (15').
         Rear Yard: Thirty feet (30').
   (B)   All other permitted and special uses, except for planned unit developments which shall be governed by the provisions of Chapter 3 of this Title:
      Front Yard: Thirty five feet (35').
      Side Yard: Thirty feet (30').
      Rear Yard: Fifty feet (50'). (Ord. 0-03-00, 4-3-2000)

5A-7-2-7: HEIGHT LIMITATIONS, BULK REGULATIONS:

The maximum height for all buildings and structures in the R-2 District shall be two and one-half (21/2) stories, not to exceed thirty feet (30'). Not more than thirty five percent (35%) of the net site area shall be covered by principal buildings and structures and not more than fifty percent (50%) of the net site area shall be covered by principal and accessory buildings and structures and paved and impervious areas. (Ord. 0-03-00, 4-3-2000)

5A-7-2-8: MINIMUM FLOOR AREA:

Each single-family dwelling shall provide a minimum of one thousand (1,000) square feet in floor area. (Ord. 0-03-00, 4-3-2000)

5A-7-3-1: INTENT:

The R-3 District is intended to provide medium density area occupied primarily by single-family detached and attached dwelling units, two-family dwellings and limited apartment dwellings.
No R-3 District shall be established by any new regulation unless the proposed district area, by itself or in conjunction with any contiguous territory which either lies within the City and is already zoned R-3 or which lies within an adjacent municipality and is in a similar zoning classification, is at least three (3) acres. (Ord. 0-03-00, 4-3-2000)

5A-7-3-2: PERMITTED USES:

No building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses:
   (A)   Any use permitted in the R-1 District.
   (B)   Two-family dwellings and duplexes.
   (C)   Single-family attached dwellings.
   (D)   Limited multi-family dwellings.
   (E)   Accessory uses and buildings to the above permitted uses.
   (F)   Home occupations. (Ord. 0-03-00, 4-3-2000)

5A-7-3-3: SPECIAL USES:

The following uses may be permitted in specific situations in accordance with the procedures outlined in Section 5A-2-2-6 of this Title:
   (A)   Any special use in the R-1 District.
   (B)   Multi-family dwellings.
   (C)   Nonboarding educational institutions, colleges and universities excluding business and trade schools.
   (D)   Undertaking establishments.
   (E)   Convalescent and nursing homes.
   (F)   Housing for the elderly. (Ord. 0-03-00, 4-3-2000)

5A-7-3-4: REQUIRED CONDITIONS:

The following conditions shall be required:
   (A)   Limited multiple-family buildings shall have a maximum of four (4) dwelling units per building or structure.
   (B)   Attached single-family dwelling units sharing party walls shall be at least three (3), but limited to no more than four (4) dwellings in a row or building.
   (C)   All permitted uses other than single-family attached and detached dwellings and two-family dwellings and duplexes, and all special uses shall be subject to the landscaping and screening provisions of Chapter 10 of this Title.
   (D)   Swimming, tennis, racquet and other athletic clubs and public and private utilities shall be screened with trees, compact hedge or other natural fence of at least seventy five percent (75%) opacity all year long along all property lines. Lighting for operation of the facilities at night and sound systems shall be directed away from surrounding properties.
   (E)   All permitted and special uses in the R-3 District shall comply with the driveway, off-street parking, and loading requirements of Chapter 11 of this Title. (Ord. 0-03-00, 4-3-2000)

5A-7-3-5: AREA, WIDTH AND LOT REQUIREMENTS:

The minimum area and width requirements for all buildings and structures in the R-3 District shall be as follows:
   (A)   Single-Family Detached Dwellings Not Less Than Ten Thousand Square Feet, Two-Family Dwellings And Duplexes: Not less than twenty thousand (20,000) square feet per lot, with a minimum width at the established building line of not less than ninety feet (90') for interior lots and one hundred feet (100') for corner lots, and a minimum lot depth of not less than one hundred feet (100').
   (B)   Nursery Schools, Preschools And Daycare Centers: Not less than ten thousand (10,000) square feet per lot, with a minimum width at the established building line of not less than seventy five feet (75') for interior lots and eighty five feet (85') for corner lots, and a minimum lot depth of not less than one hundred twenty feet (120').
   (C)   Single-Family Attached Dwellings (Three Or More Attached Dwellings): Not less than eight thousand (8,000) square feet per dwelling unit, with a minimum width at the established building line of not less than seventy five feet (75') for interior lots and eighty five feet (85') for corner lots and a minimum lot depth of not less than one hundred feet (100').
   (D)   Limited Multi-Family And Multi-Family Dwellings: Not less than the following lot area per dwelling unit, but in no event less than twenty thousand (20,000) square feet per lot:
 
Type Of Dwelling
Land Area Per Dwelling Unit
4 bedrooms or more
6,500 square feet
3 bedrooms
5,000 square feet
2 bedrooms
4,500 square feet
1 bedroom
4,000 square feet
Efficiency apartment
3,500 square feet
 
There shall be a minimum width at the established building line of not less than ninety feet (90') for interior lots and one hundred feet (100') for corner lots and a minimum lot depth of not less than one hundred feet (100').
   (E)   Nonboarding Educational Institutions, Colleges And Universities: Not less than seven (7) acres with a minimum width at the established building line of not less than four hundred feet (400').
   (F)   Parks, Playgrounds And Forest Preserves; Public And Private Utility Facilities; Golf Courses; Public, Denominational Or Private Schools; Civic Buildings And Governmental Uses: None.
   (G)   Religious Institutions, Except Churches; Swimming, Tennis, Racquet And Other Athletic Clubs And Planned Unit Developments: Not less than three (3) acres with a minimum width at the established building line of not less than three hundred feet (300').
   (H)   Churches: Not less than one acre. (Ord. 0-03-00, 4-3-2000)

5A-7-3-6: YARD REQUIREMENTS:

The minimum yards required for all buildings and structures in the R-3 District shall be as follows:
   (A)   Single-family attached and detached dwellings; two-family dwellings and duplexes; limited multi-family dwellings and multi- family dwellings:
      Front Yard: Thirty feet (30').
      Interior Side Yard: Ten feet (10').
      Corner Side Yard: Fifteen feet (15').
      Rear Yard: Thirty feet (30').
   (B)   All other permitted and special uses, except for planned unit developments which shall be governed by the provisions of Chapter 3 of this Title:
      Front Yard: Thirty feet (30').
      Interior Side Yard: Fifteen feet (15') plus one foot (1') for each two feet (2') by which the building or structure height exceeds twenty eight feet (28').
      Corner Side Yard: Twenty feet (20') plus one foot (1') for each two feet (2') by which the building or structure height exceeds twenty eight feet (28').
      Rear Yard: Fifty feet (50'). (Ord. 0-03-00, 4-3-2000)

5A-7-3-7: HEIGHT LIMITATIONS, BULK REGULATIONS:

The maximum height for all buildings and structures in the R-3 District shall be three (3) stories not to exceed thirty five feet (35'). Not more than forty percent (40%) of the net site area shall be covered by principal buildings and structures and not more than sixty percent (60%) of the net site area shall be covered by principal and accessory buildings and structures, and paved and impervious areas. (Ord. 0-03-00, 4-3-2000)

5A-7-3-8: MINIMUM FLOOR AREA:

   (A)   Attached or detached single-family dwellings, two-family dwellings and duplexes shall provide a minimum of one thousand (1,000) square feet in floor area per dwelling unit.
   (B)   Each limited multi-family and multi-family dwelling unit shall provide the following minimum floor area:
 
Type Of Dwelling
Land Area Per Dwelling Unit
4 bedroom
1,500 square feet
3 bedroom
1,250 square feet
2 bedroom
1,000 square feet
1 bedroom
850 square feet
Efficiency apartment
750 square feet
 
(Ord. 0-03-00, 4-3-2000)