All business establishments shall be retail, wholesale, or service establishments. All goods produced on the premises shall be sold at retail or wholesale on the premises where produced. (Ord. 0-03-00, 4-3-2000)

All business, servicing, or processing shall be conducted within completely enclosed buildings with the following exceptions: display of merchandise, similar to that within the business, for sale or rent to the public on a sidewalk immediately adjoining the side or front facade of the principal building but not within a required yard, shall be permitted provided that a five foot (5') wide minimum area is clear and free from display or sales. (Ord. 0-03-00, 4-3-2000)

The B-1 Neighborhood Convenience Shopping District is intended to provide convenience shopping for persons residing in adjacent residential areas, and to permit such uses as are necessary to satisfy those basic shopping needs which occur daily or frequently and so require shopping facilities in, relative proximity to places of residence.

No B-1 District shall be established by any new regulation unless the proposed new district area, by itself or in conjunction with any contiguous territory which either lies within the City and is already zoned B-1 or which lies within an adjacent municipality and is in a similar zoning classification, is at least forty thousand (40,000) square feet. (Ord. 0-03-00, 4-3-2000)

To ensure that the details of development of commercial areas for authorized uses will be such that the operation of the use will not offend the public interest, will be compatible and be planned in conformity with surrounding uses and will not adversely affect the flow of traffic within the community, a site plan shall be submitted. Refer to the approval process and submittal requirements as outlined in Chapter 2 of this Title. (Ord. 0-03-00, 4-3-2000)

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)   Bakeries.

   (B)   Barbershops.

   (C)   Beauty shops.

   (D)   Candy and ice cream stores.

   (E)   Drugstores.

   (F)   Dry-cleaning establishments, not including industrial dry- cleaning plants.

   (G)   Employment agencies.

   (H)   Equipment rental stores.

   (I)   Florist shops.

   (J)   Food stores, grocery stores, meat markets and delicatessens.

   (K)   Gift shops.

   (L)   Hardware stores.

   (M)   Nursery schools, preschools and daycare centers.

   (N)   Offices, business or professional.

   (O)   Package liquor stores.

   (P)   Shoe and clothing repair stores.

   (Q)   Wearing apparel shops.

   (R)   Variety stores. (Ord. 0-03-00, 4-3-2000)

The following special uses may be permitted in specific situations in accordance with the procedures outlined in Section 5A-2-2-6 of this Title, as appropriate:

   (A)   Banks and financial institutions.

   (B)   Civic buildings and governmental uses.

   (C)   Dental office and/or dental clinic.

   (D)   Drive-in and drive-through establishments.

   (E)   Eating establishments, not including entertainment or dancing.

   (F)   Planned unit developments in accordance with the provisions of Chapter 3 of this Title.

   (G)   Public and private utility facilities.

   (H)   Swimming, tennis, racquet and other athletic club facilities.

   (I)   Undertaking establishments. (Ord. 0-03-00, 4-3-2000; amd. Ord. O-17-24, 9-3-2024)

The minimum lot area in the B-1 District shall be forty thousand (40,000) square feet. (Ord. 0-03-00, 4-3-2000)

There are no minimum width or depth requirements in the B-1 District. (Ord. 0-03-00, 4-3-2000)

The minimum yards required in the B-1 District shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Abutting Or Adjoining Any District:

         (a)   Yard Depth: There shall be a required front and corner side yard of not less than fifty feet (50') in depth.

         (b)   Off-Street Parking Facilities Setback: Off-street parking facilities are not allowed within the first thirty feet (30') of the required front or corner side yard.

   (B)   Interior Side And Rear Yards:

      1.   Abutting Or Adjoining A Nonresidential District:

         (a)   Yard Depth: There shall be a required interior side and rear yard of not less than twenty five feet (25') in depth.

         (b)   Off-Street Parking Facilities Setback: Off-street parking facilities within an interior side or rear yard are not allowed within the first twenty feet (20') of the required yard provided.

      2.   Abutting Or Adjoining A Residential District:

         (a)   Yard Depth: There shall be a required interior side and rear yard of not less than thirty five feet (35') in depth.

         (b)   Off-Street Parking Facilities Setback: Off-street parking facilities within an interior side or rear yard shall not be closer than thirty feet (30') from an adjoining lot in a residential district.

         (c)   Required Fence: Where a rear or interior side lot line in the B-1 District coincides with an interior side or rear lot line in an adjoining residential district, a fence of at least seventy five percent (75%) opacity shall be provided within the yard. The height of such fence shall be six feet (6').

   (C)   Accessory Structures: Accessory structures shall comply with yard and setback requirements as prescribed in Section 5A-5-9 of this Title.

   (D)   Permitted Obstructions In Required Yard: Permitted obstructions in required yards are allowed as described herein and as prescribed in Section 5A-5-7-3 of this Title and Chapter 11 of this Title including:

      1.   Drives And Off-Street Parking Facilities: Required yards may be occupied by drives and off-street parking facilities when constructed in accordance with the setback requirements of this District and in compliance with Section 5A-5-7-3 of this Title and Chapter 11 of this Title.

      2.   Joint Parking: In the case of joint parking facilities, parking may occur in the required yard without regard to the side lot line at the point of the combination of the parcels, and in compliance with subsections 5A-11-2-1(B) and (C) of this Title. (Ord. 0-03-00, 4-3-2000)

The maximum floor area ratio for all buildings and structures in the B-1 District shall be 0.5 and the maximum height shall be two (2) stories not to exceed thirty feet (30'). Not more than fifty percent (50%) of the net site area shall be covered by principal buildings and structures, and not more than seventy five percent (75%) of the net site area shall be covered by principal and accessory buildings and structures, and paved or impervious areas. (Ord. 0-03-00, 4-3-2000)

Properties located in this District shall comply with all applicable regulations of this Title as well as all other applicable regulations with this Code. At a minimum, the following regulations must be adhered to:

   (A)   Landscape Requirements: All business establishments shall comply with the landscaping requirements of Chapter 10 of this Title.

   (B)   Off-Street Parking And Loading Requirements: All business establishments shall comply with the off-street parking and loading requirements of Chapter 11 of this Title.

   (C)   Final Engineering: Provisions for storm water management and engineering must be made in compliance with applicable codes.

   (D)   Performance Standards: Processes and equipment employed within business districts shall be limited to those which comply with the performance standards of Chapter 12 of this Title.

   (E)   Sign Regulations: The signs on the property shall comply with the Darien sign code (Title 4, Chapter 3 of this Code). (Ord. 0-03-00, 4-3-2000)

The B-2 community shopping center district is intended to accommodate the needs of a much larger consumer population than is served by the neighborhood convenience shopping district, thus a wider range of uses and structure sizes is permitted for both daily and occasional shopping.

No B-2 district shall be established by any new regulations unless the proposed new district area, by itself or in conjunction with any contiguous territory which either lies within the city and is already zoned B-2 or which lies within an adjacent municipality and is in a similar zoning classification, is at least two (2) acres. (Ord. 0-03-00, 4-3-2000)

To ensure that the details of development of commercial areas for authorized uses will be such that the operation of the use will not offend the public interest, will be compatible and be planned in conformity with surrounding uses and will not adversely affect the flow of traffic within the community, a site plan shall be submitted. Refer to the approval process and submittal requirements as outlined in chapter 2 of this title. (Ord. 0-03-00, 4-3-2000)

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 B-1 district.

   Animal hospitals.

   Antique shops.

   Art shops or galleries, but not including auction rooms.

   Automobile parts and accessories stores.

   Banks and financial institutions.

   Bicycle sales, rental, and repair stores.

   Blueprinting and copying establishments.

   Book and stationery stores.

   Business and office machine stores, sales and service.

   Camera and photographic supply stores.

   Carpet and rug stores, retail sales only.

   Catering establishments.

   China and glassware stores.

   Clinics, medical and dental.

   Clothing and costume rental stores.

   Coin and stamp stores.

   Custom dressmaking establishments.

   Dairy product establishments.

   Department stores.

   Dry goods stores.

   Electrical, light fixtures, and household appliance stores including radio and television sales and repair.

   Employment agencies.

   Frozen food stores, including locker rental in conjunction therewith.

   Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

   Furrier shops, including the incidental storage and conditioning of furs.

   Garden supply, tool, and seed stores.

   General retail.

   Hearing aid stores.

   Hobby shops, for retail of items to be assembled or used away from the premises.

   Household appliance stores.

   Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use.

   Jewelry stores, including watch repair.

   Leather goods and luggage stores.

   Locksmith shops.

   Mail order, catalog store.

   Millinery shops.

   Musical instrument sales and repair.

   Optician, retail sales.

   Orthopedic and medical appliance stores.

   Paint, glass, and wallpaper stores.

   Pet shops.

   Phonograph record and sheet music stores.

   Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises.

   Picture framing, when conducted for retail trade on the premises only.

   Radio and television sales, service, and repair shops.

   Schools, music and dance.

   Secondhand stores and rummage shops.

   Sewing machine sales and service.

   Shoe stores.

   Sporting goods stores.

   Tailor shops.

   Ticket agencies.

   Tobacco shops.

   Toy shops.

   Travel bureaus and transportation ticket offices.

   Undertaking establishments. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-02-06, 1-16-2006)

The following special uses may be permitted in specific situations in accordance with the procedures outlined in section 5A-2-2-6 of this title, as appropriate:

   Any special use in the B-1 district, except those that are permitted uses in the B-2 district.

   Amusement establishments, including, but not limited to, bowling alleys, sports complexes, pool halls, dance halls, and 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.

   Automobile service stations, repair facilities, and car washes used in conjunction with an automobile service station.

   Bus stations.

   Drinking establishments.

   Eating establishments.

   Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.

   Hotels and motels.

   Motor vehicle sales.

   Publicly owned and operated parks, playgrounds, and forest preserves.

   Radio and television stations and studios.

   Theaters.

   Wholesale establishments. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-02-06, 1-16-2006)

The following conditions shall be required:

   (A)   Dwelling units, other than those located in a hotel or motel or in an undertaking establishment, or watchman's quarters located on the premises where employed, shall not be permitted. (Ord. 0-03-00, 4-3-2000)

The minimum lot area in the B-2 district shall not be less than two (2) acres. (Ord. 0-03-00, 4-3-2000)

There are no minimum width or depth requirements in the B-2 district. (Ord. 0-03-00, 4-3-2000)

The minimum yards required in the B-2 district shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Abutting Or Adjoining Any District:

         (a)   Yard Depth: There shall be a required front yard of not less than fifty feet (50') in depth.

         (b)   Off Street Parking Facilities Setback: Off street parking facilities within the front or corner side yard are not allowed within the first thirty feet (30') of the required front yard.

   (B)   Interior Side And Rear Yards:

      1.   Abutting Or Adjoining A Nonresidential District:

         (a)   Yard Depth: There shall be a required interior side and rear yard of not less than thirty feet (30') in depth.

         (b)   Off Street Parking Facilities: Off street parking facilities within an interior side or rear yard are not allowed within the first twenty feet (20') of the required yard.

      2.   Adjoining A Residential District:

         (a)   Yard Depth: There shall be a required interior side yard of not less than forty feet (40') in depth.

         (b)   Off Street Parking Facilities Setback: Off street parking facilities within an interior side yard shall not be nearer than thirty feet (30') from an adjoining lot in a residence district.

         (c)   Required Fence: Where an interior side or rear lot line in the B-2 district coincides with an interior side or rear lot line in an adjoining residential district, a fence of at least seventy five percent (75%) opacity shall be provided within the yard. The height of such fence shall be six feet (6').

   (C)   Accessory Structures: Accessory structures shall comply with yard and setback requirements as prescribed in section 5A-5-9 of this title.

   (D)   Permitted Obstructions In Required Yard: Permitted obstructions in required yards are allowed as described herein and as prescribed in section 5A-5-7-3 and chapter 11 of this title, including:

      1.   Drives And Off Street Parking Facilities: Required yards may be occupied by drives and off street parking facilities when constructed in accordance with the setback requirements of this district and in compliance with section 5A-5-7-3 and chapter 11 of this title.

      2.   Joint Parking: In the case of joint parking facilities, parking may occur in the required yard without regard to the side lot line at the point of the combination of the parcels, and in compliance with subsections 5A-11-2-1(B) and (C) of this Title. (Ord. 0-03-00, 4-3-2000)

The maximum floor area ratio for all buildings and structures in the B-2 District shall be 0.6, and the maximum height shall be three (3) stories not to exceed forty feet (40'). Not more than fifty percent (50%) of the net site area shall be covered by principal buildings and structures and not more than seventy five percent (75%) of the net site area shall be covered by principal and accessory buildings and structures, and paved or impervious areas. (Ord. 0-03-00, 4-3-2000)

Properties located in this District shall comply with all applicable regulations of this Title as well as all other applicable regulations with this Code. At a minimum, the following regulations must be adhered to:

   (A)   Landscape Requirements: All business establishments shall comply with the landscaping requirements of Chapter 10 of this Title.

   (B)   Off-Street Parking And Loading Requirements: All business establishments shall comply with the off-street parking and loading requirements of Chapter 11 of this Title.

   (C)   Final Engineering: Provisions for storm water management and engineering must be made in compliance with applicable codes.

   (D)   Performance Standards: Processes and equipment employed within business districts shall be limited to those which comply with the performance standards of Chapter 12 of this Title.

   (E)   Sign Regulations: The signs on the property shall comply with the Darien sign code (Title 4, Chapter 3 of this Code). (Ord. 0-03-00, 4-3-2000)

The B-3 General Business District is intended to accommodate those retail and wholesale commercial activities which may be incompatible with the predominantly retail uses permitted in other business districts and whose service area is not committed to any one neighborhood.

No B-3 District shall be established by any new regulation unless the proposed new district area, by itself or in conjunction with any contiguous territory which either lies within the City and is already zoned B-3 or which lies within an adjacent municipality and is in a similar zoning classification, is at least six (6) acres. (Ord. 0-03-00, 4-3-2000)

To ensure that the details of development of commercial areas for authorized uses will be such that the operation of the use will not offend the public interest, will be compatible and be planned in conformity with surrounding uses and will not adversely affect the flow of traffic within the community, a site plan shall be submitted. Refer to the approval process and submittal requirements as outlined in Chapter 2 of this Title. (Ord. 0-03-00, 4-3-2000)

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)   Bank and financial institutions.

   (B)   Civic buildings and governmental uses.

   (C)   Clubs, lodges and meeting places for other organizations.

   (D)   Department stores.

   (E)   Educational facilities.

   (F)   Electrical showrooms and shops.

   (G)   Exterminating shops.

   (H)   Greenhouses and nurseries.

   (I)   Health clubs.

   (J)   Nursery schools, preschools, and daycare centers.

   (K)   Plumbing showrooms and shops. (Ord. 0-03-00, 4-3-2000)

The following special uses may be permitted in specific situations in accordance with the procedures outlined in Section 5A-2-2-6 of this Title, as appropriate:

   (A)   Any permitted use in the B-1 and B-2 Districts.

   (B)   Any special use in the B-1 and B-2 Districts, except those permitted uses in the B-3 District.

   (C)   Amusement establishments, including, but not limited to, bowling alleys, pool halls, dance halls, and skating rinks.

   (D)   Boat showroom, sales and repairs.

   (E)   Building material and products, sales and storage.

   (F)   Car wash.

   (G)   Contractors' or construction offices, shops and yards.

   (H)   Drive-in and drive-through establishments.

   (I)   Eating establishments.

   (J)   Farm implement sales.

   (K)   Fuel and ice sales.

   (L)   Hotels and motels.

   (M)   Machinery sales.

   (N)   Mobile home sale and rental.

   (O)   Model homes and garage displays.

   (P)   Motor vehicle sales, including recreational vehicles.

   (Q)   Parking lots and garages.

   (R)   Radio and television stations and studios.

   (S)   Recording or sound studios.

   (T)   Vocational or trade schools.

   (U)   Stadiums, auditoriums, and arenas.

   (V)   Theaters.

   (W)   Trailer and camper sales and rental, for use with private passenger motor vehicles.

   (X)   Undertaking establishments.

   (Y)   Wholesale establishments. (Ord. 0-03-00, 4-3-2000)

The following conditions shall be required:

   (A)   Dwelling units, other than those located in a hotel or motel or in an undertaking establishment or watchman's quarters located on the premises where employed, shall not be permitted. (Ord. 0-03-00, 4-3-2000)

The minimum lot area shall be not less than six (6) acres of land area. (Ord. 0-03-00, 4-3-2000)

There are no minimum width or depth requirements in the B-3 District. (Ord. 0-03-00, 4-3-2000)

The minimum yards required in the B-3 District shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Yard Depth: There shall be a required front yard of not less than fifty feet (50') in depth.

      2.   Off-Street Parking Facilities Setback: Off-street parking facilities are not allowed within the first fifty feet (50') of the required yard. As a part of the site plan approval process called for in Section 5A-8-4-2 of the Zoning Ordinance, the City may require that a portion of such area be designated and developed as a frontage or similar road.

   (B)   Side And Rear Yards:

      1.   Interior Side Yard:

         (a)   Adjoining A Nonresidential District:

            (1)   Yard Depth: There shall be a required interior side yard of not less than forty feet (40') in depth.

            (2)   Off-Street Parking Facilities: Off-street parking facilities are not allowed within the first twenty feet (20') of the required yard.

         (b)   Adjoining A Residential District:

            (1)   Yard Depth: There shall be a required interior side yard of not less than fifty feet (50').

            (2)   Off-Street Parking Facilities Setback: Off-street parking facilities are not allowed within the first thirty feet (30') of the required yard.

            (3)   Required Fence: Where a rear lot line in the B-3 Districts coincides with an interior side or rear lot line in an adjoining residential district, a fence of at least seventy five percent (75%) opacity shall be provided within the yard. The height of such fence shall be six feet (6').

   (C)   Accessory Structures: Accessory structures shall comply with yard and setback requirements as prescribed in Section 5A-5-9 of this Title.

   (D)   Permitted Obstructions In Required Yard: Permitted obstructions in required yards are allowed as described herein and as prescribed in Section 5A-5-7-3 of this Title and Chapter 11 of this Title.

      1.   Drives And Off-Street Parking Facilities: Required yards may be occupied by drives and off-street parking facilities when constructed in accordance with the setback requirements of this District.

      2.   Joint Parking: In the case of joint parking facilities, parking may occur in the required yard without regard to the side lot line at the point of the combination of the parcels, and in compliance with subsections 5A-11-2-1(B) and (C) of this Title. (Ord. 0-03-00, 4-3-2000)

The maximum floor area ratio for all buildings and structures in the B-3 District shall be 0.6, and the maximum height shall be three (3) stories not to exceed forty feet (40'). Not more than fifty percent (50%) of the net site area shall be covered by principal buildings and structures and not more than seventy five percent (75%) of the net site area shall be covered by principal and accessory buildings and structures and paved or impervious areas. (Ord. 0-03-00, 4-3-2000)

Properties located in this District shall comply with all applicable regulations of this Title as well as all other applicable regulations with this Code. At a minimum, the following regulations must be adhered to:

   (A)   Landscape Requirements: All business establishments shall comply with the landscaping requirements of Chapter 10 of this Title. Subsection 5A-10-5(C) of this Title provides additional landscaping requirements where abutting a residence district.

   (B)   Off-Street Parking And Loading Requirements: All business establishments shall comply with the off-street parking and loading requirements of Chapter 11 of this Title.

   (C)   Final Engineering: Provisions for storm water management and engineering must be made in compliance with applicable codes.

   (D)   Performance Standards: Processes and equipment employed within business districts shall be limited to those which comply with the performance standards of Chapter 12 of this Title.

   (E)   Sign Regulations: The signs on the property shall comply with the Darien sign code (Title 4, Chapter 3 of this Code). (Ord. 0-03-00, 4-3-2000)

The intent of this M-U Mixed-Use District is to accommodate development characterized by a mixture of housing types in commercial areas and to facilitate the development and redevelopment of areas suited to a combination of commercial and residential uses within the same building. It is recognized that some mature areas of the city are comprised of a variety of compatible uses and the M-U Mixed-Use District is created for the purpose of maintaining the vitality of such areas and encouraging appropriate redevelopment. The focus is to allow a more balanced mix of uses in the siting and design of new developments and redevelopment to anticipate changes in the marketplace and to provide for the diverse needs of the residents of the city. Flexibility will be allowed to accomplish such goals through the utilization of streets as public places that encourage pedestrian and bicycle travel and the encouragement of efficient land use by facilitating compact, high-intensity development, minimizing the amount of land needed for surface parking and, facilitation of development (e.g., land use mix, density, and design) that supports public transit where applicable. (Ord. O-13-24, 6-17-2024)

The purpose of the M-U Mixed-Use District is to:

   (A)   Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the non-residential space.

   (B)   Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets.

   (C)   Allow for the conversion of dwelling units in older commercial areas of mixed dwelling types in order to extend the economic life of these structures and allow owners to justify expenditures for repairs and modernization.

   (D)   Serve as a zone of transition between commercially dense districts and residential districts by permitting residential occupancy in the units above the non-residential space. (Ord. O-13-24, 6-17-2024)

 

 

To ensure that the details of development of commercial areas for authorized uses will be such that the operation of the use will not offend the public interest, will be compatible and be planned in conformity with surrounding uses and will not adversely affect the flow of traffic within the community, a site plan shall be submitted. Refer to the approval process and submittal requirements as outlined in Chapter 2 of this Title. (Ord. O-13-24, 6-17-2024)

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)   Accessory structures.

   (B)   Barbershops.

   (C)   Beauty shops.

   (D)   Clinics, medical and dental.

   (E)   Drinking establishments.

   (F)   Eating establishments.

   (G)   General retail.

   (H)   Hotels and motels.

   (I)   Mixed-Use Buildings.

   (J)   Multi-family dwellings (upper levels only if in Mixed-Use Buildings).

   (K)   Nail salons.

   (L)   Offices.

   (M)   Outdoor dining.

   (N)   Printing shops.

   (O)   Recreational activities, commercial types.

   (P)   Schools, music and dance.

   (Q)   Single-family dwellings (upper levels only if in Mixed-Use Buildings).

   (R)   Theatres, other than drive-ins. (Ord. O-13-24, 6-17-2024)

The following special uses may be permitted in specific situations in accordance with the procedures outline in Section 5A-2-2-6 of this Title, as appropriate:

   (A)   Amusement establishments.

   (B)   Banks.

   (C)   Banquet halls.

   (D)   Community centers.

   (E)   Consignment shops. (Ord. O-13-24, 6-17-2024)

No lot, parcel, or tract of land, shall be used, and no building or structure shall be erected, altered, or remodeled, for any of the following uses or uses similar thereto:

   (A)   Adult-entertainment establishments.

   (B)   Cannabis business establishments.

   (C)   Currency exchange.

   (D)   Kennels.

   (E)   Package liquor stores.

   (F)   Pawn shops.

   (G)   Tobacco shops. (Ord. O-13-24, 6-17-2024)

No principal structure shall exceed six (6) stories or seventy-five feet (75') in height. No accessory structure shall exceed one (1) story or fifteen feet (15') in height. (Ord. O-13-24, 6-17-2024)

The following minimum lot requirements shall be observed:

   (A)   Lot Area: Two thousand five hundred (2,500) square feet for all mixed-use.

   (B)   Lot Width: Twenty feet (20').

   (C)   Floor Area Ratio (FAR): 1.5 maximum. (Ord. O-13-24, 6-17-2024)

The minimum yards required in the M-U Mixed-Use District shall be as follows:

   (A)   Yard Depths: Yards of the following minimum depths shall be provided:

      1.   Front And Corner Side Yards: No minimum.

      2.   Side Yards: No minimum.

      3.   Rear Yards: Not less than ten feet (10').

      4.   If the side yard or rear yard abuts a residential district, there shall be a minimum five foot (5') side yard and twenty foot (20') rear yard.

   (B)   Vegetation in Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings; however, for any growth extending over the lot line of an adjoining neighbor, or that any way may reasonable become a danger or nuisance to the community, the vegetation may be required to be abated. (Ord. O-13-24, 6-17-2024)

The following conditions apply to fences where applicable:

   (A)   Height Limitations: If a fence is to be constructed at the rear or side yard of an M-U Mixed-Use District lot that abuts a residential district, it shall be at least six feet (6') in height along the lot line that abuts the residence district.

   (B)   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

   (C)   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgement with the City Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. O-13-24, 6-17-2024)

All permitted uses in the M-U Mixed-Use District must be conducted completely within the enclosed buildings on the lot unless expressly authorized otherwise by the City Council. This requirement does not apply to off-street parking or load areas, and outdoor dining areas. (Ord. O-13-24, 6-17-2024)

In making its legislative determination to zone or rezone a property to the M-U Mixed-Use District, the Planning and Zoning Commission and City Council may apply the following guidelines to the proposal under consideration:

   (A)   The capacity of existing and proposed community facilities and utilities including water, sewer, and transportation systems to serve the permitted uses which might lawfully occur on the property so zoned.

   (B)   The relationship of the subject property to the various aspects of the City's transportation system including pedestrian ways, bicycle paths, major and collector streets, and public transit.

   (C)   The adequacy of public services including schools, police and fire protection, and solid waste collection serving the property and the impact the permitted uses would have upon these services.

   (D)   The potential impact existing or permitted uses in the vicinity would have upon the land uses authorized in the M-U Mixed Use District and the impact such uses, if developed, would have upon existing uses in the vicinity.

   (E)   The extent to which the proposal will promote balanced growth in the community and will be consistent with the City's goals for equal housing opportunity and a variety of housing types.

   (F)   The impact any natural disasters, including flooding, would have upon the permitted uses.

   (G)   The impact the proposal would have upon the environment including noise, air and water pollution.

   (H)   The conformance of the proposal to the overall comprehensive plan and map for the City. (Ord. O-13-24, 6-17-2024)

Properties located in this District shall comply with all applicable regulations of this Title as well as other applicable regulations with this Code. At a minimum, the following regulations must be adhered to:

   (A)   Landscape Requirements: All business establishments shall comply with the landscaping requirements of Chapter 10 of this Title.

   (B)   Off-Street Parking And Loading Requirements: All business establishments shall comply with the off-street parking and loading requirements of Chapter 11 of this Title.

   (C)   Final Engineering: Provisions for storm water management and engineering must be made in compliance with applicable codes.

   (D)   Performance Standards: Processes and equipment employed within business districts shall be limited to those which comply with the performance standards of Chapter 12 of this Title.

   (E)   Sign Regulations: The signs on the property shall comply with the Darien Sign Code (Title 4, Chapter 3 of this Code). (Ord. O-13-24, 6-17-2024)