Darien City Zoning Code
CHAPTER 17
20 Accessory Land Uses
§ 17.20.010 Generally.
[Prior code § 17.0206(8)]
Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. With the exception of a commercial apartment (see Section 17.20.020), or a farm residence (see Section 17.20.030), in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard.
§ 17.20.020 Commercial apartment.
[Prior code § 17.0206(8)(a)]
Description. Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use (as designated in Chapter 17.12) most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.
A.
Permitted by right: (CC).
B.
Special use regulations: not applicable.
C.
Conditional use regulations (NC, SC):
1.
The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development;
2.
A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by non-residential land uses on the site may be counted for this requirement with the approval of the Zoning Administrator;
§ 17.20.030 Farm residence.
[Prior code § 17.0206(8)(b)]
Description. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Chapter 17.08.
§ 17.20.040 Carports, garages, and accessory structures.
[Prior code § 17.0206(8)(c); amended by Ord. 218, 2003; Ord. 227, 2005; 9-22-2014 by Ord. No. 288; 6-19-2017 by Ord. No. 303; 6-20-2022 by Ord. No. 321]
Carports, garages and accessory structures are permitted within the Village of Darien, subject to the Municipal Code of the Village and the following requirements:
A.
Fee and Permits. A permit fee as established, and amended from time to time, by the Village of Darien Board shall be paid upon filing and application for a permit to the Village Clerk, or any individual designated to accept such application, for the erection or construction, in whole or in part, of any carport, garage, or accessory structure. Any person erecting or constructing any such structure, in whole or in part, shall obtain a building permit and pay the permit fee. It shall be unlawful for any owner, contractor or agent of the homeowner to erect or construct, in whole or in part, any such structure without having first obtained a permit and paid the appropriate fee. Permits required for temporary accessory structures shall be valid for no more than two years from the date issued.
B.
Application. Application for a permit shall be made in writing on a form prescribed by the Village Clerk and shall be made by the owner of the subject property, his or her agent or by a licensed contractor employed in connection with the proposed work. The application shall contain:
1.
The address of the applicant and the subject property;
2.
A detailed drawing showing the specifications for the carport, garage or accessory structure and compliance with other requirements and ordinances;
3.
A detailed site drawing showing the location of the proposed accessory structure, residence, fences, adjacent residences and accessory structures, with all relevant distances noted; and
4.
Any other information deemed necessary by the Village Zoning Administrator.
C.
Existing Carports, Garages, and Accessory Structures. Where a lawful carport, garage, or accessory structure exists at the effective date of this section, such structure may continue to exist so long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered unless a variance is granted.
2.
Should a structure be removed, for any reason, it may be replaced only in conformity with the provisions of this section.
3.
Should a structure be damaged or destroyed, it shall be removed and/or replaced in conformity with the provisions of this section.
D.
Setbacks. No carports, garages or accessory structures may be placed within a front yard of any property. All carports, garages and accessory structures must comply with all applicable setback requirement of the zoning district within which they lie but in no case be closer than five feet to any side or rear property line. If a single-family or two-family residence has an existing or proposed front yard setback greater than the required minimum setback of this chapter, then a detached carport, garage, or accessory structure may not be located closer to the front lot line than the existing residence or 100 feet, whichever is less.
E.
Openings. Carports shall be permanently open on three sides.
F.
Parking Surface. Carports are not required to be located over a permanent hard impevious surface. However, any proposed parking surface is subject to the remaining provisions of the Village Code and approval of the Village Zoning Administrator. Garages and accessory structures shall include a permanent hard imperious surface for parking.
G.
Property Coverage or Allowances. There shall be no more than one carport per dwelling unit. There shall be no more than a total of two accessory structures on a zoning lot. Carports, detached garages, sheds and storage buildings are all considered accessory structures. The total number and area of accessory structures on a property must meet all other regulations contained in the zoning ordinance.
H.
Separation. A minimum distance of 10 feet shall separate detached accessory buildings from all other principal and accessory structures on the zoning lot.
I.
Time of Establishment. No accessory structure may be constructed on any zoning lot prior to the time of construction of the principal building.
J.
Maintenance. Carports, garages and accessory structures shall be kept in an attractive state, in good repair, and in a safe and sanitary condition.
K.
Design and Dimensions. Carports, garages and accessory structures shall be designed, constructed, erected and installed in accordance with the building codes and regulations as from time to time adopted by the Village of Darien. The following specification shall be considered the minimum standards:
1.
No carport shall exceed 18 feet in width nor 20 feet in length when measured from eave line to eave line.
2.
No single detached garage or accessory structure may be more than 720 square feet in area and 18 feet in height.
3.
The total area of all accessory structures on a zoning lot may not exceed 1,000 square feet or 10% of the zoning lot area, whichever is greater.
4.
Accessory structures exceeding the dimension and area regulations may be permitted in accordance with the conditional use permit process.
5.
Accessory structures located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials and colors to the principal residential building on the zoning lot.
L.
Permanent Carports. Any carports constructed or erected which are permanent in nature shall comply with the following requirements:
1.
Carports shall be supported by columns that are not less than 2 1/2 inches in diameter, square or round tubing, and from material that is no less than 14-gauge steel set in concrete. Any support column may be used which meets or exceeds the equivalent strength of the materials above described.
2.
The concrete shall have a relative strength of 2,000 pounds per square inch or greater and not less than 12 inches in diameter and 24 inches in depth. Any support column may be used which meets or exceeds the equivalent strength of the materials described.
3.
Carports shall be designed to support a live load of not less than 20 pounds per square foot plus the weight of the structure.
4.
Metal carports shall be constructed of material not less structurally sound than 26-gauge steel or 25-gauge aluminum decking with baked-on enamel finish to be compatible with the exterior finish of the dwelling.
5.
Carport roof slopes shall meet minimum manufacturer's requirements but shall not be less than a 1/12 pitch or one inch rise per 12 inches of run.
6.
All water discharge from the roof shall be diverted into the street and away from adjacent properties by all means necessary.
7.
The underside of the carport shall only be enclosed with like materials that are approved by the building code. Property owners shall make all efforts to select materials, colors and structure types that best substantially match those of the primary structure on the property.
8.
No part of the interior of the carport shall be less than seven feet six inches in height.
9.
No carport shall exceed eight feet in height at its perimeter nor 10 feet at the highest point of its interior ceiling. Carports which are not an integral part of the principal building shall not exceed 10 feet in height at their highest horizontal point. All heights shall be measured from the average ground elevation at the perimeter of the carport.
M.
Temporary Carports.
1.
Portable carports shall be assembled to comply with the manufacturer's instructions and anchored to the ground in compliance with one of the following methods. (However, this requirement shall not apply to portable carports located, or to be located, on the premises for less than 72 hours during any thirty-day period.)
a.
Bolting the support legs, or adjacent cross support, to an existing concrete slab. The method of attaching the upright frame to the slab must be shown in the application for a building permit.
b.
An alternate anchoring design that provides a permanently paved hard-surface floor and anchors the portable carport to the ground and that is approved by the Zoning Administrator.
c.
Any other alternate anchoring design that complies with manufacturer's specifications.
2.
The plans and details submitted must clearly indicate the method of anchoring and the flooring to be used. If new concrete footings or slabs are to be installed, they must be inspected when formed and prior to pouring of concrete. In all cases, a final inspection must be requested by the applicant.
N.
Approved Uses. The entire area under a carport shall only be used to park operable licensed motor vehicles (i.e., cars, pickup trucks, vans, sport utility vehicles, recreational vehicles and vessels) which are customarily accessory to the dwelling. No other use of this area shall be permitted. Garages and accessory structures may be used for storage of tools, equipment, vehicles, and other items that are used in conjunction with the maintenance of a residential dwelling.
O.
Prohibited Uses. Carports shall not be used for the outside storage of materials, equipment or goods or the parking and/or storage of inoperable vehicles. Garages and accessory structures shall not be used in the conduct of a home occupation.
P.
Altering Design/Special Use Permit.
1.
Carports may be altered in design for the purpose of weather protection of the user only. An application to the Village of Darien Plan Commission for a special use permit shall be submitted prior to construction of said unit on a form provided by the Village Clerk. The fee for a special use permit shall be set forth, as amended from time to time by the Village Board.
Q.
Fines. Any person who fails to obtain a permit shall be liable to pay a fine of $25 a day and double permit fees for failure to comply with this section.
R.
Dilapidation and Disrepair. Any person who fails to maintain a carport, garage or accessory structure may be subject to a fine of $50, dismantling and removal of said structure. The costs if removed by the Village shall be assessed to the owner or occupant of said property.
S.
Nonconforming Accessory Structures. The lawful nonconforming use of a carport, garage or accessory structure at the time of the adoption or amendment of this title may be continued although the structure does not conform with the provisions of this title; however:
1.
If a nonconforming accessory structure is damaged or destroyed by flood, fire, tornado, other natural disaster, or unintended circumstance, the property owner may rebuild the structure to the preexisting condition with a conditional use permit approved by the Village Board, provided that the property owner can prove the preexisting condition of the structure including dimensions and setbacks.
2.
If a nonconforming accessory structure is damaged beyond 50% of its value, demolished, or removed from the property under circumstances other than those outlined in Section 17.20.040.3.1. above, the property owner may not rebuild the structure unless it conforms with the provisions of this title.
§ 17.20.050 Company cafeteria.
[Prior code § 17.0206(8)(d)]
Description. A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.
§ 17.20.060 Company provided on-site recreation.
[Prior code § 17.0206(8)(e)]
Description. A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. Facilities using activity night lighting shall be a conditional use.
A.
Permitted by right: not applicable.
C.
Conditional use regulations: (SC, CC, SI, UI):
1.
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 17.68.100). The buffer yard shall be located at the property line adjacent to said residentially zoned property;
2.
All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property;
§ 17.20.070 Outdoor display incidental to indoor sales and service (more than twelve days).
§ 17.20.080 In-vehicle sales and services incidental to on-site principal land use.
[Prior code § 17.0206(8)(g)]
Description. See Section 17.12.070.
§ 17.20.090 Indoor sales incidental to storage or light industrial land use.
[Prior code § 17.0206(8)(h)]
Description. These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use, on the same site.
A.
Permitted by right: not applicable.
B.
Special use regulations: (SI, UI):
1.
Adequate parking, per the requirements of Section 17.66.040, shall be provided for customers. The parking shall be in addition to that required for customary light industrial activities;
2.
The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property;
3.
Shall provide restroom facilities directly accessible from retail sales area;
4.
Retail sales area shall by physically separated by a wall from other activity areas.
C.
Conditional use regulations: not applicable.
§ 17.20.100 Light industrial activities incidental to indoor sales or service land use.
[Prior code § 17.0206(8)(i)]
Description. These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations: (SC, NC, CC, SI, UI):
1.
The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property, or 5,000 square feet, whichever is less;
§ 17.20.110 Home occupation.
[Prior code § 17.0206(8)(j)]
Description. It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence which comply with the following requirements. Examples include personal and professional services, and handicrafts, which comply with all of the following requirements:
A.
Permitted by right: not applicable.
B.
Special use regulations: (all districts except SI and UI):
1.
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage;
2.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district;
3.
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises;
4.
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district;
5.
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed three square feet:
6.
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises:
7.
A permitted home occupation is restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services;
8.
A permitted home occupation shall not occupy more than 30% of the floor area of the dwelling;
9.
Persons employed by a permitted home occupation shall be limited to the resident family members and no more than one nonresident employee;
10.
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation;
§ 17.20.120 Family day care home (four to eight children).
[Prior code § 17.0206(8)(k)]
Description. Family day care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this title.
§ 17.20.130 Intermediate day care home (nine to fifteen children).
[Prior code § 17.0206(8)(l)]
Description. Intermediate day care homes are occupied residences in which a qualified person or persons provide child care for nine to 15 children.
§ 17.20.140 Migrant labor camp.
[Prior code § 17.0206(8)(m)]
Migrant labor camps include any facility subject to the regulation of Wisconsin Statutes 103.90.
A.
Permitted by right: not applicable.
B.
Special use regulations: not applicable.
C.
Conditional use regulations (A-1):
1.
Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see Section 17.68.100);
2.
Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the Village;