In single-family residence districts, every single-family dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one principal building on one lot. (Ord. 89-13, 5-16-1989)

The following uses of land or buildings are allowable in the districts indicated hereinafter under the conditions specified in this title:

   A.   Uses lawfully established on the effective date hereof.

   B.   Permitted uses.

   C.   Special uses. (Ord. 89-13, 5-16-1989)

No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and where construction has been begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further may, upon completion, be occupied under a certificate of occupancy for the use originally designated, subject to the provisions of chapter 13 of this title.

The storage of goods and materials outside of a building is prohibited as is the warehousing of goods and materials not intended for sale from, or use in, a structure located in a business district or commercial equestrian district. (Ord. 89-13, 5-16-1989)

   A.   Use:

      1.   No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located.

      2.   There shall not be more than one principal use on any zoning lot.

      3.   All limitations in use, or rights of use, including the building of structures, shall be based on a single platted parcel rather than any combination of parcels.

   B.   Bulk: All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this title for the district in which such building shall be located. (Ord. 89-13, 5-16-1989)

   A.   Time Of Construction: A permit to construct an accessory building or structure may be issued when more than fifty percent (50%) of the principal building or structure has been completed; provided that no occupancy certificate shall be issued for any accessory building or structure, and no accessory use shall be commenced until a certificate of occupancy has been issued for the principal building, structure or use.

   B.   Location Of Accessory Buildings And Structures: No detached accessory building or structure shall be erected, altered, or moved to any location less than ten feet (10') from the nearest wall of the principal building, or within the minimum required front or side yard for the zoning district in which the lot is located, unless such accessory building or structure conforms to the requirements for accessory buildings or structures for special uses in such district. In Residence Districts, accessory buildings and structures shall be located only in the rear yard, between the minimum required side yards, and shall be a minimum distance from the rear lot line that is equal to the minimum required side yard for the district in which it is located, except as otherwise specified by the regulations of the particular district in which the subject property is located. The provisions of this subsection shall apply to guesthouses and private stables except to the extent subsections E and F of this section permit or require otherwise.

   C.   Number And Size Of Accessory Buildings And Structures:

      1.   Excluding attached and detached private garages, private stables, guesthouses and coops and pens, where allowable, a maximum of two (2) attached or detached accessory buildings shall be permitted on any Residential zoning lot.

      2.   The total maximum floor area of any and all such accessory buildings shall be ten percent (10%) of the total square footage of the dwelling unit.

      3.   The maximum height of accessory buildings or structures shall be as follows:

         a.   Except as otherwise specifically provided for in this subsection, accessory buildings or structures shall not exceed one-story and an overall height of twenty feet (20') in height, unless otherwise permitted as accessory to specific permitted or authorized special uses.

         b.   Attached garages shall not exceed the maximum permitted height of the principal building.

         c.   Light poles shall not exceed fifteen feet (15') in height.

         d.   Private stables shall not exceed one-story and a mean height of twenty four feet (24'), provided however, that the overall height shall not exceed thirty-two feet (32'), excluding cupolas and decorations. Notwithstanding the foregoing, a hay loft is permitted to be located above the first floor area of the private stable, but in no event shall a hay loft cause a private stable to exceed the height restrictions set forth herein.

         e.   Guesthouses shall not exceed the maximum permitted height of the principal building.

   D.   Private Garages: Both attached and detached garages shall meet the following requirements:

      1.   A garage stall shall not exceed 300 square feet. No garage door shall exceed eighteen feet (18') in width. Garage stall doors over ten feet (10') wide shall be considered two (2) garage stall doors; and

      2.   All garage doors shall be of a uniform height, but in no event more than nine feet (9') in height; and

      3.   They shall meet all conditions for approval of accessory buildings as provided in subsection I of this section; and

      4.   On lots less than 40,000 square feet, any attached garage shall not exceed 3 stalls with no more than 2 facing the street. No detached garages are allowed on lots less than 40,000 square feet regardless of the zoning district in which the lot is located.

      On lots not less than 40,000 square feet and less than 2 acres, excluding property located within the historic district, any attached garage shall not exceed 4 stalls with no more than 3 facing the street. The total of all garages, both attached and detached, shall not exceed 35% of the total square footage of the dwelling unit or not exceed 6 stalls whichever is less.

      On lots not less than 2 acres and less than 4 acres, any attached garage shall not 3ceed 5 stalls with no more than 3 facing the street. The total of all garages, both attached and detached, shall not exceed 35% of the total square footage of the dwelling unit or not exceed 8 stalls whichever is less.

      On lots not less than 4 acres, any attached garage shall not exceed 6 stalls with no more than 3 facing the street. The total of all garages, both attached and detached, shall not exceed 35% of the total square footage of the dwelling unit or not exceed 10 stalls whichever is less.

      Their total square footage shall not exceed thirty-five percent (35%) of the total square footage of the dwelling unit. In the Wayne Village Historic District (as such district is described in subsection 9-3-4B2 of this Code), a two (2) stall garage not exceeding four hundred eighty (480) square feet, whether attached or detached, shall be permitted irrespective of said thirty-five percent (35%) limitation; and, provided further, that in the event of a conflict between the aforesaid thirty-five percent (35%) limitation and the regulations of the particular zoning district in which the subject property is located, the latter shall control; and

      5.   They shall be used only as provided in the definition of “garage, private” in section 10-2-2 of this title.

   E.   Private Stables: The stall(s) in a private stable shall be a minimum of ten feet by twelve feet (10' x 12'). On a site of at least two (2) acres but less than three (3) acres, the first floor area shall not exceed one thousand five hundred (1,500) square feet. On a site of at least three (3) acres, the first floor area shall not exceed one thousand seven hundred (1,700) square feet. On a four (4) acre site, the first floor area shall not exceed one thousand nine hundred (1,900) square feet. For each additional acre, the first floor area may be increased not more than two hundred twenty five (225) square feet, to a maximum of two thousand eight hundred (2,800) square feet. Private stables or other equestrian use buildings in excess of two thousand eight hundred (2,800) square feet shall be considered a special use and shall not be constructed on any tract of land of less than ten (10) acres. Requests for approval of such private stable or equestrian use building shall be subject to the requirements of chapter 10 of this title, and/or sections 10-12-1 and 10-12-2 of this title, as applicable. The area of any and all overhangs shall not exceed thirty five percent (35%) of the square footage of a private stable. Overhead doors shall have a maximum height of ten feet (10') and a maximum width of ten feet (10'). The area permitted for accessory buildings and structures as set forth in subsection C of this section may be added to the maximum first floor area of a private stable, provided that to the extent that such accessory building's/structure's area is added to the first floor area of a private stable, the maximum remaining area for accessory buildings/structures shall be reduced by a like amount. Private stables shall be a minimum of fifty feet (50') from the rear and side lot lines and a minimum of fifty feet (50') from the principal residence. Private stables shall be used only as provided in the definition of stables, private in section 10-2-2 of this title.

   F.   Guesthouses: A guesthouse may only be constructed on a lot of four (4) or more acres and must be located behind the building line of the principal residence. The ground floor area of a guesthouse shall be a minimum of three hundred (300) square feet and a maximum of eight hundred (800) square feet and shall be a minimum of fifty feet (50') from the rear and side lot lines and a minimum of fifty feet (50') from the principal residence. A guesthouse shall have a maximum of two (2) stories. A two (2) story guesthouse shall be subject to a maximum ground floor area of eight hundred (800) square feet and a maximum total floor area of one thousand six hundred (1,600) square feet. A one story guesthouse shall have a maximum total floor area of one thousand two hundred (1,200) square feet; provided, however, that the ground floor area of any guesthouse shall not exceed fifty percent (50%) of the ground floor area of the principal residence.

   G.   Swimming Pools And Satellite Antennas 1 : Swimming pools and satellite antennas are permitted accessory uses if requirements regulating the location and/or construction are satisfied as provided by Village ordinances.

   H.   Coops And Pens: Structures housing hens shall: 1) consist of both a coop and an adjacent pen, 2) only be located in the rear yard within building setback lines, and no less than twenty five feet (25') from a dwelling other than the dwelling of the owner of the coop and pen, 3) not be visible from a street, and 4) comply with all other requirements of this Code. Structures housing hens shall provide not less than ten (10) square feet per hen with coop size limited to not more than the product of twelve (12) square feet multiplied by the maximum number of hens allowed on the lot and pen enclosures limited to not more than the product of twenty (20) square feet multiplied by the maximum number of hens allowed on the lot. Coops shall be constructed to specifications as approved by the Director of Building and Zoning and must be placed either above ground or on a hard surface such as concrete, patio block or gravel and able to withstand natural forces such as wind, rain and snow. Wooden or pre-cast concrete posts shall be acceptable foundations if they are placed at least twenty four inches (24") into the ground and firmly tamped with dirt or gravel. Any structure housing hens including any pen, coop, building or other enclosure that is not fully enclosed shall be screened to a height of six feet (6'). Said screening shall be comprised of fences or walls six feet (6') in height. A written final inspection report approving a coop and pen must be issued by the Director of Building and Zoning before the coop and pen may be used to keep and maintain hens. A building permit shall be required before commencement of construction of any coop or pen, and the permit applicant shall be required to complete and submit the application form and pay the permit and any registration fee established by the Village and comply with the requirements of this Code before any building permit is issued. Existing structures that satisfy the coop and pen requirements of this title need not obtain a new building permit, but a permit application for said structures together with payment of a building inspection fee and any registration fee established by the Village shall be submitted by the owner within thirty (30) days of enactment of this subsection to obtain a written final inspection report approving coop and pen use on further condition that the final inspection report shall only be issued after inspection and finding by the Director of Building and Zoning that all requirements of this title have been satisfied.

   I.   Conditions For Approval Of Accessory Buildings And Structures: All accessory buildings and structures shall be subject to the following conditions:

      1.   An accessory building must be constructed of materials that are architecturally compatible with any existing or proposed principal building on the lot.

      2.   An accessory building must be of a design that is architecturally compatible with the design of any existing or proposed principal residence on the lot with respect to roof pitch, eave dimensions, height, window design, door design and other architectural details.

      3.   Appropriate screening, by natural vegetation, including, but not limited to, trees, shrubs, flowering bushes or other plantings, or by other means, shall be required where necessary to visually conceal accessory buildings or structures and reduce the impact of visual intrusions on adjoining properties. Such screening shall be as approved by the Village Forester.

The Zoning Enforcement Officer shall maintain records establishing that the foregoing conditions have been met for each accessory building or structure constructed in the Village.

   J.   Permitted Uses And Purposes For Accessory Buildings And Structures In Residential Areas:

      1.   Subject to the conditions set forth in subsection J2 of this section, the following shall be permitted uses and purposes for accessory buildings and structures in residential areas:

         Arbors, decks, gazebos, patios and porches in accordance with the regulations set forth in this title.

         Coops and pens in accordance with the regulations set forth in this title.

         Fences or walls in accordance with the regulations set forth in subsection 10-3-7B5 of this chapter.

         Fixed recreational equipment in accordance with the regulations set forth in this title.

         Greenhouses in accordance with the regulations set forth in this title.

         "Guesthouse or coach house" for the uses and purposes specified in the definition thereof in section 10-2-2 of this title and in accordance with the regulations set forth in this title.

         Lighting and light poles.

         Pool houses in accordance with the regulations set forth in this title.

         Private garages for the uses and purposes specified in the definition of "garage, private" in section 10-2-2 of this title and in accordance with the regulations set forth in this title.

         Private stables for the uses and purposes specified in the definition of "stable, private" in section 10-2-2 of this title and in accordance with the regulations set forth in this title.

         Satellite antennas in accordance with the regulations set forth in title 8, chapter 4 of this Code.

         Signs in accordance with the regulations set forth in this Code for the type of sign proposed.

         Storage sheds for the use and purpose of storing personal property, including, but not limited to, lawn maintenance or gardening equipment or tools; provided, however, that no storage shed shall be used in conjunction with any home occupation or any other business, service or industry.

         Swimming pools in accordance with the regulations of this Code.

         Tennis courts in accordance with the regulations set forth in this title.

      2.   Use of any accessory building or structure shall be subject to the following standards and conditions:

         a.   Except for guesthouses and coach houses, no accessory building shall be used for dwelling purposes.

         b.   Except for private stables and pens and coops, no accessory building shall be used to house animals or livestock.

         c.   No accessory building shall be used as a home occupation other than home offices as permitted by section 10-7-1 of this title or for any other business, service, or industry, whether or not connected directly or indirectly with items or property stored therein.

         d.   The use of any accessory building or structure shall not result in noise loud enough to annoy or disturb the comfort, health, peace or repose of reasonable persons of ordinary sensibilities, unreasonable disturbance, rodent infestation, un-containerized livestock waste accumulating on a residential lot for more than twenty four (24) hours, or perception of odor by or any unreasonably adverse impact to adjacent properties.

      3.   As part of the building permit application for an accessory building or structure, the applicant shall identify the proposed use of such building or structure. Any change in such use shall be allowed if the new use would be permitted in such building or structure; provided that the property owner shall notify the Zoning Enforcement Officer of such change of use in writing for the Village's records. Misrepresentation of the intended use of any accessory building or structure shall be a violation of this title. (Ord. 89-13, 5-16-1989; amd. Ord. 95-07, 5-2-1995; Ord. 95-14, 8-1-1995; Ord. 12-15, 7-17-2012; Ord. 19-13, 8-20-2019; Ord. 20-16, 8-18-2020; Ord. 22-02, 3-9-2022; Ord. 22-10, 9-6-2022)

   A.   Special Use Classification Established: To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in section 10-4-7 of this title.

   B.   Additions, Enlargements To Special Uses: Where a use exists on the effective date hereof and it is classified as a special use by said provisions, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of this title, and they shall be subject to yard, floor area ratio and building height requirements set forth in this title for permitted uses in the districts in which they are located. (Ord. 89-13, 5-16-1989)

   C.   Rezone From Business To Residence District: Where a use lawfully existed in the B Local Shopping Center District on the date of any map amendment rezoning such property to a Residence District (as set forth in chapter 7 of this title), a special use may be granted as provided in said chapter 7 of this title. In such event, the notice and hearing requirements set out in section 10-4-7 of this title shall not be applicable. (Ord. 97-07, 2-4-1997)

   A.   Permitted Obstructions: For the purpose of this title, the following shall not be considered as obstructions when located in the yards indicated:

      1.   In Any Required Yard:

         Bay windows.

         Chimneys.

         Driveways, provided the side edge of the driveway closest to a side lot line is at least twelve feet (12') from such line.

      2.   In Front Yards: No other obstructions shall be permitted other than or permitted in subsection A1 of this section. For the purpose of permitted obstructions, the “front yard” shall be defined as the area between the side lot lines which is in front of the building line of an existing or proposed principal residence.

      3.   In Side Yards:

         Air conditioning equipment provided the same is visually screened with evergreen shrubs or a wall or solid fence.

         Open accessory off street parking spaces, except in a side yard abutting a street. Where permitted, such parking spaces shall be located on a driveway.

      4.   In Rear Yards (Subject To Section 10-3-5 Of This Chapter):

         Air conditioning equipment immediately adjacent to the principal residence.

         Arbors and trellises.

         Coops and pens.

         Fixed recreational equipment.

         Gazebos.

         Open accessory off street parking spaces.

         Private garages, detached.

         Private garages, if attached or structurally a part of the principal building.

         Private stables.

         Private swimming pools provided they are located in accordance with regulations of this title and other applicable ordinances of the Village.

         Sheds.

         Solid walls and fences not exceeding six feet (6') in height (also see 10-3-7B5h).

         Tool rooms or other similar accessory buildings.

   Notwithstanding any provision in this subsection A to the contrary, on lots or parcels located within the Wayne Village Historic District (as such district is described in subsection 9-3-4B2 of this Code), solid fences not exceeding five feet (5') in height are permitted within the required side and rear yards, and other permitted accessory structures are permitted within the required rear yard provided the same are located not less than ten feet (10') from the rear property line.

   B.   General Regulations:

      1.   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

      2.   No lot shall be reduced in area so that the yards or other open space become less than required by this title.

      3.   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, or a distance of one thousand eight hundred (1,800) linear feet along such frontage, whichever is less, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings, but in any event, not less than the minimum front yard setback for the district in which the property is located.

      4.   On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street.

      5.   Fences or walls, as the case might be, shall comply with the following requirements in addition to those found elsewhere in the Zoning Ordinance:

         a.   All fences shall be erected with the "good" or "decorative" side facing outward.

         b.   The electrification of fencing, barbed wire or razor wire fencing and the like are expressly prohibited; provided however, that fencing which includes barbed wire or concertina strands on top of fences and fences over six feet (6') in height on properties deemed to be in hazardous usage may be permitted only by and in connection with a special use. As used herein the electrification of fencing shall not include or prohibit a single electrified or "hot" wire when attached to a fence enclosing a pasture or paddock and intended for the purpose of confining livestock.

         c.   Snow fencing is prohibited except where placed by a governmental entity to prevent the drifting of snow or where used to enclose a construction site.

         d.   Chainlink fencing shall be permitted only as a special use. T-posts and wire mesh fences shall be permitted only on lots or parcels of more than forty (40) acres and only as a special use. When approved as a special use, wire mesh fencing shall be permitted only if supported both vertically and horizontally by wood posts and top rails.

         e.   The linear footage of entry structures shall not exceed ten percent (10%) of the frontage of the lot on which they are placed.

         f.   Plastic flex fencing and the like are expressly prohibited.

         g.   All walls shall be of materials compatible with the principal residence on a lot. All walls shall be constructed on a foundation as required by title 8, "Building Regulations", of this Code.

         h.   Solid fences and walls shall not be permitted in the front yard of lot as the term “front yard” is defined in subsection A2 of this section. Solid fences and walls not exceeding six feet (6') in height may be located to the rear of a principal residence provided the same are not located within the required rear and/or side yard(s) for the zoning district in which such zoning lot is located. The area to be enclosed by a solid fence or wall shall be adjacent to the rear of the principal residence and shall not be greater than the dwelling area of the first floor of such residence. (Ord. 89-13, 5-16-1989; amd. Ord. 10-08, 6-15-2010; Ord. 19-13, 8-20-2019; Ord. 20-16, 8-18-2020; Ord. 22-11, 10-4-2022; Ord. 22-17, 12-20-2022)

The Village herewith adopts the DuPage County Countywide Stormwater and Floodplain Ordinance comprehensive revision adopted by DuPage County on May 14, 2019 (the "Stormwater Ordinance"), except as modified by this section. (Ord. 94-22, 10-4-1994; amd. Ord. 06-15, 7-18-2006; Ord. 08-19, 9-16-2008; Ord. 2019-04, 6-4-2019, eff. 7-1-2019)

   A.   Administration: Administrative responsibility shall be with the Building and Zoning Department. All reviews, calculations, designs, approvals and inspections shall be the responsibility of the Village Engineer.

   B.   Professional Fees And Expenses: An applicant or property owner will reimburse the Village for professional fees and expenses charged to the Village by the Village Engineer for services performed relating to these provisions plus an overhead charge in an amount to be specified by the Village by ordinance from time to time in reimbursement to the Village for administrative services performed. Such charges will be in addition to the fees relating to building permits, if any. At the discretion of the Village, the applicant or property owner may be required to deposit funds with the Village equal to the estimated cost of the services to be provided by the Village Engineer. (Ord. 94-22, 10-4-1994)

   A.   Permit Required: Except as provided in section 10-2-2, "Definitions", of this title, or as permitted pursuant to an approved final plat of subdivision, no excavation or filling of any property shall be permitted without first obtaining an excavation/filling permit as required herein. No excavation/filling permit shall be issued by an officer, department or employee unless the application for such permit has been examined by the Village Engineer who shall then certify that the proposed excavating and/or filling complies with the provisions of this title. Any permits issued in conflict with the provisions of this title shall be null and void.

   B.   Professional Fees And Expenses: Applicant or property owner shall reimburse the Village fees and expenses charged to the Village by the Village Engineer for services performed relating to these provisions plus an overhead charge of up to twenty percent (20%) of such charges in reimbursement to the Village for administrative services performed. Such charges will be in addition to fees relating to building permits, if any. At the discretion of the Village, the applicant or property owner may be required to deposit funds with the Village equal to the estimated costs of the services to be provided by the Village Engineer.

   C.   Requirements On Application: Every application for an excavation/filling permit shall be accompanied by four (4) prints with the following information:

      1.   The scale shall not be smaller than one inch equals forty feet (1" = 40').

      2.   Legal description of the property.

      3.   Existing topography with one foot (1') contour interval to USGS datum.

      4.   Proposed topography.

      5.   Existing drainage structures within one hundred feet (100') of the property line including storm sewers, field tile (if known), catch basins, inlets, culverts and ditches.

      6.   Proposed drainage structures.

      7.   Existing tops of foundations on all adjacent properties.

      8.   Locations and elevations of proposed improvements including foundation, septic fields and garages.

The drawings required above shall be prepared and signed by a professional engineer, registered in the State of Illinois, and shall be based upon a survey of the property showing actual dimensions and monumenting, as certified by a Registered Illinois Land Surveyor.

   D.   Term Of Permit: Permit applications will be administered and issued by the Building and Zoning Department. Permits will be valid for a period of one year from the date of issuance; provided however, upon application to the Building and Zoning Department, such permit may be extended for six (6) months. (Ord. 89-13, 5-16-1989)

A landowner may not construct a single-family residence of substantially identical design to that of an existing building within one thousand feet (1,000') of said building. If a building permit is denied under the provisions of this regulation, the applicant may appeal to the Village Board for a final determination. (Ord. 89-13, 5-16-1989)

In any Residence District, any territory conveyed to and accepted by the Village pursuant to the provisions of title 9, chapter 2 of this Code, shall be permitted to develop in accordance with the exceptions established in section 9-2-4 of this Code. (Ord. 01-18, 12-4-2001)

Historic Preservation Districts may be established for the purposes stated in title 9, chapter 3 of this Code, in accordance with the requirements and procedures established therein, and shall constitute an overlay district or dual zoning classification with the underlying residential or business classification for the property so designated, pursuant to subsection 9-3-1A of this Code. The zoning classification of any property in a Historic District shall be designated by adding "H" to the designated zoning classification. The provisions of subsections 9-3-2B and C of this Code shall be enforced as if fully set forth in this title. (Ord. 01-18, 12-4-2001)

In all zoning districts, there shall be a minimum ten foot (10') distance between a designated equestrian easement and the nearest point of any building or structure other than a fence. (Ord. 00-16, 8-15-2000; amd. Ord. 01-18, 12-4-2001)