Darien City Zoning Code
CHAPTER 17
60 Exceptions and Modifications
§ 17.60.010 Height.
[Prior code § 17.0601]
A.
Permitted Exceptions to Maximum Height Regulations.
1.
The maximum height regulations listed for residential uses and residential accessory structures in Chapters 17.30 through 17.54, and for nonresidential uses and nonresidential accessory structures in Chapters 17.30 through 17.54, are the maximum heights for all buildings and structures, except those exempted by this section, below.
2.
The following are permitted to exceed the maximum height regulations by 10 feet, within any district where permitted: church spires, belfries, cupolas and domes which do not contain useable space, public monuments, water towers, fire and hose towers, flag poles, chimneys, smokestacks, cooling towers, and elevator penthouses. Such uses may exceed the maximum by more than 10 feet with the approval of a conditional use permit.
B.
Required Procedure for Exceeding Maximum Height Regulations. In order to secure permission to exceed the maximum height regulations of Chapters 17.30 through 17.54, per Subsection (A)(3) of this section: the petitioner shall be granted a conditional use permit per the standards and procedures of Section 17.72.040.
§ 17.60.020 Yards.
[Prior code § 17.0602]
The minimum setback requirements of Sections 17.30.010 and Chapter 17.54 establish the minimum required yards for all uses, except those exempted by the provisions of this section.
A.
No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this title. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.
B.
No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.
C.
In instances where the required bufferyard width (per Section 17.68.100) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure beyond the required fence or berm are permitted within the required bufferyard.
D.
Permitted Intrusions Into Required Yards. The following intrusions by buildings and structures are permitted into the specified required yards:
1.
Permitted intrusions into required front or street yards:
a.
Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than 2 1/2 feet into the required yard:
b.
Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of Section 17.66.070 and provided they do not locate closer than five feet from the front or street property line;
c.
Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance; provided they do not intrude more than six feet into any required street yard;
d.
Fences on residential or nonresidential lots which do not exceed four feet in height; provided they do not locate closer than one foot to any street right-of-way. Permitted fence types shall comply with the provisions of Section 17.66.200(C).
2.
Permitted intrusions into required rear or side yards:
a.
Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, and gutters for residential buildings; provided they do not extend more than 2 1/2 feet into the required yard;
b.
Fences may locate on the property line. Permitted fence types shall comply with the provisions of Section 17.66.200;
c.
Fire escapes (on residential buildings) which do not extend more than three feet into the required yard;
d.
Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance; provided they do not intrude more than six feet from any side lot line.
3.
Permitted intrusions into required rear yards:
a.
Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance; provided they do not intrude more than six feet into any required rear yard;
b.
Balconies or similar appurtenances to residential buildings which extend more than three feet above grade; provided they do not extend more than six feet into the required rear yard.
4.
Intrusions Into Required Yards. No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this title. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.
E.
All Front Yard and Street Yard Areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard.
§ 17.60.030 Additions.
[Prior code § 17.0603]
Additions in the street yard of existing structures shall not project beyond the average of the existing street yards on the abutting lots or parcels.
§ 17.60.040 Average street yards.
[Prior code § 17.0604]
The required street yards may be decreased in any residential or business districts to the average of the existing street yards of the abutting structures on each side and five feet in any business district except in the CC, central commercial district.
§ 17.60.050 Corner lots.
[Prior code § 17.0605]
Structures shall provide a street yard as required by this title on the street that the structure faces. A second street yard shall be provided on the side of the structure abutting a second public or private street.
§ 17.60.060 Existing substandard lots.
[Prior code § 17.0606]
A.
A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this title, but which is at least 50 feet wide and 6,000 square feet in area, may be used as a single building site, provided that the use is permitted in the zoning district, provided that the lot is a lot of record in the county register of deeds office prior to the effective date of this title.
B.
A lot located in the business, manufacturing, or institutional districts which does not contain sufficient area to conform to the dimensional requirements of this title may be used as a building site provided that the lot is a lot of record in the county register of deed office prior to the effective date of this title.
C.
If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this title, the lots involved shall be considered to be an individual parcel for the purpose of this title.
Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this title. A zoning permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the Board of Appeals.