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: abattoirs, arsenals, crematories, creosote treatment or manufacture; fat rendering, fertilizer manufacture; fireworks or explosive manufacture or storage; dumping, reduction or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use; ore reduction, petroleum processing or refining, pyroxylin manufacture, natural or synthetic rubber, caoutchouc, or gutta percha manufacture or treatment; salt works, sauerkraut manufacture, soap manufacture, smelters; stockyard or slaughter of animals or fowl; tallow, grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins, tar distillation or manufacture; or cement, concrete or asphaltic concrete mixing plants. (Ord. 0-03-00, 4-3-2000)

No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted except such as are specifically licensed by the City and are used as customarily incidental to the operation of a principal use in such quantities, and in a manner conforming with applicable performance standards set forth in chapter 12 of this title. Such materials shall include, but shall not be confined to: all primary explosives, such as lead oxide, lead styphnate, fulminates and tetracene; all high explosives, such as TNT, RDS, HMX, PETN, hand picric acid, propellants and components thereof, such as nitrocellulose, black powder, boron hydrantes, hydrazine and its derivatives; pyrotechnics and fireworks, such as magnesium powder, potassium chlorate and potassium nitrate, blasting explosives, such as dynamite and nitroglycerine; blasting explosives, such as acetylides, tetraxoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products and reactor elements, such as uranium 235 and plutonium. Businesses that would involve the storage, utilization, processing, or manufacture of hazardous chemicals in quantities subject to the tier II reporting requirements as defined by USEPA are prohibited; provided, however, that this prohibition does not apply to businesses for which tier II reporting is required only due to the utilization, but not the manufacture or repair, of lead-acid batteries used to power heavy duty equipment such as forklifts. (Ord. 0-13-19, 4-1-2019)

All business, service or processing, and all other activities and operations, shall be conducted within completely enclosed buildings. However, open yards or space may be used for accessory outside storage, if granted special use approval by the City Council in the I-1 District. At a minimum, such activity shall be fully enclosed by a fence, at least six feet (6') but not exceeding eight feet (8') in height; provided, that no outside storage is to exceed the height of such fence, and further provided, that no such storage shall be located in any front yard or corner side yard. (Ord. 0-03-00, 4-3-2000)

Under no circumstances shall dwelling units be permitted in the Office and Industrial Districts, except that a single one-family dwelling shall be permitted as a residence for a watchman, caretaker or guard; provided, that such one-family dwelling is located on a tract used for an office-industrial purpose and properly located under the terms of this chapter; and further provided, that such one-family dwelling shall be occupied only by the watchman, caretaker or guard employed by the individual which owns, rents, leases or operates the industrial use located on the tract, together with members of the family of the watchman, caretaker or guard. (Ord. 0-03-00, 4-3-2000)

The O Office District is intended to provide an environment suitable for and limited to office uses that will not have an adverse effect upon the environmental quality of the community and to provide a zoning district classification suitable to act as a buffer between residential uses and more intense commercial uses.

No O 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 either O, OR&I, I-1, B-1, B-2, or B-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)

To ensure that the details of development of office and industrial 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:

   Offices, business or professional.

   Pharmacies that provide only prescription and non- prescription medicines, drugs, and medical devices, and no non-medical goods or services, and no medical cannabis, in a location that is in a contiguous area that has medical and dental clinics. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-25-17, 12-4-2017)

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:

   Animal hospitals.

   Banks and financial institutions, with or without accessory drive-through.

   Civic buildings and governmental uses.

   Clinics, medical and dental, to include all twenty four (24) hour outpatient healthcare facilities.

   Hospitals.

   Nursery schools, preschools, and daycare centers.

   Public and private utility facilities.

   Religious institutions, including, but not limited to, churches, rectories, seminaries, convents, and monasteries including dormitories and other accessory uses required for operation.

   Swimming, tennis, racquet and other athletic club facilities.

   Undertaking establishments. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-04-08, 3-3-2008)

The following conditions shall be required:

   (A)   No retail sales permitted.

   (B)   No outside storage permitted.

   (C)   No storage of any product or material for sale.

   (D)   All business shall be conducted within completely enclosed buildings, unless otherwise indicated.

   (E)   No production of any material or product is permitted. (Ord. 0-03-00, 4-3-2000)

The minimum lot area in O Office District shall be one-half (1/2) acre. (Ord. 0-03-00, 4-3-2000)

The minimum lot width on a lot in the Office District shall be one hundred feet (100'). (Ord. 0-03-00, 4-3-2000)

The minimum yards in the O District shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Abutting Or Adjoining A Nonresidential 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 and corner side yard.

      2.   Abutting Or Adjoining A Residential 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 shall not be allowed within the first thirty feet (30') of the required front or corner side yard.

   (B)   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').

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

      2.   Abutting Or Adjoining A Residential District:

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

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

         (c)   Required Fence: Where a side lot line in the O District coincides with a side or rear lot line in an adjacent residential district, a fence of at least seventy five percent (75%) opacity shall be provided within the yard along the property line. The height of such fence shall be a minimum of six feet (6'), not to exceed eight feet (8').

   (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 O Office District shall be 0.6, and the maximum height shall be two (2) stories, not to exceed thirty feet (30'), when buildings are less than one hundred feet (100') from a single- family residence district, and three (3) stories not to exceed forty feet (40') in all other cases. 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 within this Code. At a minimum, the following regulations must be adhered to:

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

   (B)   Off-Street Parking And Loading Requirements: All 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 the Office District 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 OR&I Office, Research and Light Industry District is intended to provide an environment suitable for and limited to research and development activities, engineering and testing activities, and related operations, office uses, and warehousing, and also limited manufacturing uses that will not have an adverse effect upon the environmental quality of the community.

No OR&I 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 OR&I 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 office and industrial 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)   Laboratories, offices, and other facilities for research and development including basic, applied, development, and technical services conducted by or for any individual, organization, or concern, whether public or private.

   (B)   Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability.

   (C)   Pilot plants in which processes planned for use in production elsewhere can be tested to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability.

   (D)   Engineering and testing laboratories and offices.

   (E)   Offices, business or professional.

   (F)   Clinics, medical and dental.

   (G)   Banks and financial institutions.

   (H)   Light industrial activities, including, but not limited to, electronic and scientific precision instruments manufacture, cloth products manufacture, light machinery production and assembly, printing and publishing.

   (I)   Warehouses, wholesale and storage facilities, but excluding motor freight terminals.

   (J)   Civic buildings.

   (K)   Auxiliary retail and services. (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:

   Brewing facilities, as defined in section 3-3-7-14, "Class N License", of this code.

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

   Height limit increases as specified in subsection 5A-9-3-9(A) of this chapter.

   Motor vehicle sales conducted in conjunction with an approved garage for storage, repair, and servicing of motor vehicles, including body repair, painting, and engine rebuilding.

   Planned unit developments (in accordance with the requirements of chapter 3 of this title). The primary use within a planned unit development shall be one or more of the principal permitted uses, and may include any of the following uses:

   Commercial services, business support services, motorist services, and employee services.

   Cultural and recreational facilities, churches, auditoriums, and public gathering places.

   Educational facilities.

   Health clubs.

   Kennels, indoor boarding only.

   Restaurants.

   Public and private utility facilities.

(Ord. 0-03-00, 4-3-2000; amd. Ord. 0-04-02, 2-4-2002; Ord. 0-32-14, 11-3-2014; Ord. 0-02-16, 1-18-2016; Ord. O-15-23, 10-2-2023)

The following conditions shall be required:

   (A)   No product shall be produced on the premises in a pilot plant primarily for sale either directly or indirectly, except with respect to such products, which, by their character, require production within a research and development environment.

   (B)   Auxiliary retail and services shall be incidental to the principal uses and shall be for the convenience of the tenants and employees of the building, structure or district in which located. These uses shall be conducted wholly within a building or structure and there shall be no exterior display of the auxiliary function.

   (C)   Outside storage is not allowed. (Ord. 0-03-00, 4-3-2000)

The minimum lot area on the OR&I district shall be two (2) acres, except for planned unit developments which shall have a minimum land area of three (3) acres. (Ord. 0-03-00, 4-3-2000)

The minimum lot width in the OR&I district shall be one hundred fifty feet (150'). (Ord. 0-03-00, 4-3-2000)

The minimum yards required in the OR&I district shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Abutting Or Adjoining A Nonresidential District:

         (a)   Yard Depth: There shall be a required front and corner side yard of not less than fifty feet (50') in depth; provided, however, that such yard shall be increased in depth by one foot (1') for each three feet (3') in height by which any building on the lot exceeds a height of thirty feet (30').

         (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.

      2.   Abutting Or Adjoining A Residential District:

         (a)   Yard Depth: There shall be a required front or corner side yard of not less than fifty feet (50') in depth; provided, however, that such yard shall be increased in depth by one foot (1') for each three feet (3') in height by which any building on the lot exceeds a height of thirty feet (30'), and shall be increased an additional twenty five feet (25') if it abuts to or adjoins a lot in a residence district.

         (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 side and rear yard of not less than thirty feet (30') in depth, except that such side and rear yard shall be increased by one foot (1') for each three feet (3') in height that any building on the lot exceeds a height of thirty feet (30').

         (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.

      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 feet (30') in depth, except that such interior side or rear yard shall be increased by one foot (1') for each three feet (3') in height that any building on the lot exceeds a height of thirty feet (30'), and shall be increased an additional forty five feet (45') if such rear or interior side lot line abuts or adjoins a lot in a residence district.

         (b)   Off-Street Parking Facilities Setback: Off-street parking facilities within an interior side or rear yard shall not be nearer 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 OR&I District coincides with an interior side or rear lot line in an adjacent residential district, a fence of at least seventy five percent (75%) opacity shall be provided within the yard along the property line. The height of such fence shall be a minimum of six feet (6'), not to exceed eight feet (8').

   (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 height, floor area ratio, and other bulk regulations for all buildings and structures in the OR&I District shall be as follows:

   (A)   The maximum height for all buildings and structures in the OR&I District shall be forty feet (40'); however, this limit may be increased by special use approval granted by the City Council, and after public hearings before the Plan Commission. Any such increased height shall be reasonably required for the particular research or development use to which the property in question is to be put, and such increase shall not unduly conflict with the intent of this Title or interfere with the rights of the public.

   (B)   The basic floor area ratio in the OR&I district shall be 0.6.

      1.   If seventy five percent (75%) or more of the required parking is provided underground or within the building, then a floor area ratio premium of 0.20 shall be allowed.

      2.   Under a planned unit development, a floor area ratio premium of 0.1 will be granted for each additional five percent (5%) open space over the minimum requirement of twenty five percent (25%) of the total net site area, up to a maximum total of thirty five percent (35%).

   (C)   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 establishments shall comply with the landscaping requirements of chapter 10 of this title.

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

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

   (D)   Performance Standards: Processes and equipment employed within the office, research and light industrial district 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 I-1 industrial district is intended to accommodate those industrial activities which are most appropriate when remote from residential and commercial development.

No I-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 I-1, or which lies within an adjacent municipality and is in a similar zoning classification, is at least ten (10) acres. (Ord. 0-03-00, 4-3-2000)

To ensure that the details of development of office and industrial 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:

   Abrasive manufacture.

   Bakeries.

   Banks and financial institutions.

   Bottling companies.

   Brick and structural clay products manufacture.

   Building materials and product sales and storage.

   Cartage and express facilities.

   Civic buildings.

   Contractor and construction offices, shops, and yards.

   Dairy products processing.

   Dry cleaning establishments and laundries.

   Electronic and scientific precision instruments manufacture.

   Electroplating.

   Fuel and ice sales.

   Furniture, bedding, and carpet manufacture.

   General manufacturing and wholesaling.

   Glass products production and sales.

   Heavy machinery production.

   Light machinery production.

   Lithographing.

   Machine shops.

   Metal stamping.

   Newspaper publishing.

   Parking lots and garages.

   Pottery and ceramics manufacture.

   Printing and publishing establishments.

   Radio and television stations and studios.

   Schools, vocational or trade.

   Semitruck, semitrailer and bus sales lot.

   Stone products manufacture.

   Warehousing, storage (including ministorage) and distribution facilities.

   Wearing apparel manufacture.

   Woodworking. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-34-10, 12-20-2010)

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:

   Accessory outdoor storage (in compliance with section 5A-9-1-3 of this chapter).

   Airports and heliports.

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

   Car wash, user operated (as a principal use).

   Car washes, drive-through (as a principal use).

   Chemical processing and manufacture.

   Eating and drinking establishments.

   Food manufacture, packaging and processing.

   Freight terminals.

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

   Grain storage and processing.

   Landfills.

   Paper products manufacture.

   Planned unit developments (in accordance with the requirements of chapter 3 of this title).

   Public and private utility facilities.

   Recreation and social facilities.

   Solar energy systems, large ground arrays.

   Stadiums, auditoriums and arenas. (Ord. 0-03-00, 4-3-2000; amd. Ord. 0-13-14, 5-5-2014; Ord. 0-03-18, 2-5-2018; Ord. 0-34-19, 12-16-2019)

The minimum lot area in I-1 Districts shall be one acre, except for planned unit developments, which shall have a minimum land area of three (3) acres. (Ord. 0-03-00, 4-3-2000)

The minimum width, at the building setback line, in the I-1 District shall be one hundred feet (100'). (Ord. 0-03-00, 4-3-2000)

The minimum yards required for all buildings and structures in the I-1 District shall be as follows:

   (A)   Front And Corner Side Yards:

      1.   Abutting Or Adjoining A Nonresidential District:

         (a)   Yard Depth: There shall be a required front and corner side yard of not less than fifty feet (50') plus one foot (1') for every two feet (2') by which the building height exceeds thirty feet (30').

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

      2.   Abutting Or Adjoining A Residential District:

         (a)   Yard Depth: There shall be a required front and corner side yard of not less than fifty feet (50') plus one foot (1') for every two feet (2') by which the building height exceeds thirty feet (30'), plus twenty five feet (25') when such yard abuts or adjoins a residence district.

         (b)   Off Street Parking Facilities Setback: Off street parking facilities are not allowed within the first thirty feet (30') of the required front and 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 fifteen feet (15') plus one foot (1') for every two feet (2') by which the building height exceeds thirty feet (30').

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

      2.   Abutting Or Adjoining A Residential District:

         (a)   Yard Depth: There shall be a required interior side and rear front yard of not less than fifteen feet (15') plus one foot (1') for every two feet (2') by which the building height exceeds thirty feet (30') plus sixty feet (60') when such yard abuts or adjoins a residence district.

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

         (c)   Required Fence: Where a rear or side or rear lot line in the I District coincides with a 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 along the property line. The height of such fence shall be a minimum of six feet (6') in height, not to exceed eight feet (8') in height.

   (C)   Lot Line Development: Zero lot line development is permitted under a planned unit development as regulated under chapter 3 of this title.

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

   (E)   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 height for all buildings and structures in the I-1 district shall be thirty five feet (35'), and the maximum floor area ratio shall be 0.7. Not more than sixty five percent (65%) of the net site area shall be covered by principal buildings or structures, including accessory buildings or structures, and not more than seventy five percent (75%) of the net site area shall be covered by buildings, structures, 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 establishments shall comply with the landscaping requirements of chapter 10 of this title.

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

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

   (D)   Performance Standards: Processes and equipment employed within the general industrial district 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)

   (A)   The intent of this chapter is to protect the public health, safety and welfare of the City and its residents by establishing regulations in regard to the cultivation, processing, dispensing and transportation of cannabis within the corporate limits of the City of Darien.

   (B)   The purpose of this chapter is to ensure new cannabis business establishments are integrated with surrounding uses and are compatible in character with the surrounding neighborhood or area of the zoning district in which they are located.

   (C)   The zoning and regulations contemplated herein shall only apply to cannabis business establishments licensed and operating under state law. (Ord. 0-34-19, 12-16-2019)

The following words and terms, wherever they appear in this chapter, shall be construed as herein defined. Additionally, the City adopts all other definitions set forth in the Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act, as if fully set forth herein.

 

Cannabis business establishments shall comply with all regulations provided in the Cannabis regulation and Tax Act, 410 Illinois Compiled Statutes 705/1, et seq., and the Compassionate Use of Medical Cannabis Program Act, 410 Illinois Compiled Statutes 130/1, et seq., and as they may be amended from time to time, and the regulations promulgated thereunder, and the regulations provided below. In the event that either or both of the Acts are amended, the more restrictive of the state or local regulations shall apply; however, in the event the local regulations conflict with state law, state law shall prevail. (Ord. 0-34-19, 12-16-2019)

A City-issued certificate of zoning compliance, state-issued license for the specific cannabis business establishment, and a City-issued business license are required prior to any cannabis business establishment is allowed to open for business. (Ord. 0-34-19, 12-16-2019)

   (A)   Cannabis dispensing organizations shall be a permitted use in the following locations:

 

   (B)   Cannabis dispensing organizations shall be permitted only as a special use in the following location:

      1.   7800 Lemont Road (OR & I Office, Research and Light Industry District), PIN: 09-29-302-065, subject to the following conditions:

         (a)   If there is a mixed use within one structure, the cannabis dispensing organization shall not be allowed if the other business establishments cater to children under the age of twenty-one (21).

         (b)   The petition for special use must meet the criteria for a special use set forth in section 5A-2-2-6 of the Zoning Ordinance.

   (C)   Cannabis Dispensing Organizations shall not be allowed in the following locations as either a permitted or special use:

 

   (D)   Cannabis dispensing organizations shall be permitted as a special use in all non-residential districts having properties not listed in subsections (A) through (C), above, and subject to meeting the criteria for a special use set forth in section 5A-2-2-6 of the Zoning Ordinance.

   (E)   The following cannabis business establishments shall be allowed as permitted uses in the locations set forth below: cannabis craft grower; cannabis cultivation center, including medical cannabis cultivation center; cannabis infuser organization or infuser; processing organization or processor; and transporting organization or transporter:

      1.   7800 Lemont Road (OR&I Office, Research and Light Industrial District), PIN: 09-29-302-065.

      2.   Any property in the I-1 General Industrial District. (Ord. 0-34-19, 12-16-2019; amd. Ord. 0-09-20, 5-18-2020)

   (A)   Cannabis Dispensing Organizations: No more than one (1) license shall be issued for a cannabis dispensing organization. This licensing limitation does not apply to a medical cannabis dispensary that does not sell recreational cannabis. The cannabis dispensing organization shall comply with the following:

      1.   The hours of operation may be between six o’clock (6:00) A.M. and ten o’clock (10:00) P.M.

      2.   Operation of the dispensary is prohibited when video surveillance equipment is inoperative.

      3.   Operation of the dispensary is prohibited when point-of-sale equipment is inoperative.

      4.   Operation of the dispensary is prohibited when the State of Illinois' cannabis electronic verification system is inoperative.

      5.   Operation of the dispensary is prohibited when there are fewer than two (2) employees working.

      6.   No lounges or other methods of onsite consumption of cannabis shall be allowed within a dispensary or smoke shop.

      7.   No cannabis lounges or cafes shall be allowed as a cannabis business establishment within the City of Darien.

      8.   Cannabis may not be consumed within a cannabis dispensary for any purpose and in any form including, but not limited to, samples, tastings, edible products or by-products or by smoking or in the public right-of-way within twenty five feet (25') of a cannabis dispensary. Signage must be posted near the entrances and exits of the cannabis dispensary providing notice of this policy.

   (B)   There are no business license restrictions in the OR&I Office, Research and Light Industrial Zoning District and I-1 General Industrial Zoning District for the following cannabis business establishments:

      1.   Cannabis craft grower;

      2.   Cannabis cultivation center, including medical cannabis cultivation center;

      3.   Cannabis infuser organization or infuser;

      4.   Processing organization or processor;

      5.   Transporting organization or transporter. (Ord. 0-34-19, 12-16-2019)

The cannabis business establishment shall be required to comply with the parking requirements applicable to the underlying zoning district. (Ord. 0-34-19, 12-16-2019)

Signage shall comply with the standards of the underlying zoning district and state law. (Ord. 0-34-19, 12-16-2019)