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Wayne City Zoning Code

CHAPTER 7

RESIDENCE DISTRICTS

10-7-1: HOME OCCUPATIONS:

   A.   A home occupation shall be treated as an accessory use, incidental and secondary to the principal use of a dwelling for dwelling purposes. The operation of the home occupations shall not infringe on or impose undue hardships on neighborhood residential properties by virtue of conducting such use in a manner that causes:
      1.   Unwarranted vehicular traffic.
      2.   Unusual noise.
      3.   On-street or off-street other than as allowed by subsection B10 of this Section.
      4.   Intensity of use not normally encountered by low contact home occupation.
      5.   Interference with neighboring property owners from being able to reasonably enjoy their own property.
   B.   Home Occupation uses shall be permitted in all Residence Zoning Districts and shall meet all of the following requirements:
      1.   The home occupation shall be carried on only by the person or persons maintaining a dwelling therein, or members of the immediate family.
      2.   No more than one home occupation shall be operated within a single dwelling unit.
      3.   The area of the dwelling which is used for the home occupation shall not exceed twenty percent (20%) of the gross floor area of the dwelling, or five hundred (500) square feet, whichever is smaller.
      4.   Except for home offices, which may be located in a detached structure, the home occupation shall be conducted entirely within the dwelling unit, and not in or from any detached or attached garage or other accessory structure. All related storage shall be enclosed in the dwelling, and no storage of any dangerous or hazardous substance shall be permitted. There shall not be any outdoor storage of product and equipment related to the home business.
      5.   The home occupation shall require no structural alterations or construction features to be made to the dwelling or any accessory structure to accommodate the home occupation, and no special equipment which is not required for a single-family dwelling shall be installed or attached to the walls, floors or ceilings of the dwelling or any accessory structure for the operation of the home occupation.
      6.   There shall be no separate entrance for the home occupation.
      7.   There shall be no exterior sign or display of any kind in conjunction with the home occupation.
      8.   The home occupation shall not require any receipt or delivery of merchandise by other than a private passenger vehicle, parcel service or regular letter carrier.
      9.   The home occupation shall not involve an on-site retail business, manufacturing business or repair shop of any kind, or any business which includes the sale of goods which are stored and delivered to the buyer on the zoning lot, except as incidental to a service which is permitted as a home occupation.
      10.   The home occupation shall not result in more than three (3) vehicles parked simultaneously on the zoning lot for customers, clients or employees of the home occupation.
      11.   The home occupation shall not be conducted between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. on any day.
      12.   The operation of the home occupation shall not produce any noise, noxious odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception outside the dwelling structure. (Ord. 01-09, 6-19-2001; amd. Ord. 23-01, 1-17-2023; Ord. 23-07, 5-16-2023)

10-7-2: SIGNS:

The following signs are permitted in Residence Districts, subject to the limitations herein set out:
   A.   Unilluminated nameplates.
   B.   Unilluminated temporary signs, subject to the following:
      1.   There shall be not more than one sign per lot, except that on a corner lot two (2) signs, one facing each street, shall be permitted. Signs of up to four (4) square feet in area may be located at a lot line. No sign shall exceed twelve (12) square feet in area.
      2.   Signs greater than four (4) square feet may not be closer than eight feet (8') to any side and rear lot line, nor closer to the front lot line than one-half (1/2) the depth of the minimum required front yard in the district in which it is located. Such a sign, when affixed flat against the building, shall not project higher than one story or twenty feet (20') above curb level, whichever is lower; and a ground sign shall not project higher than eight feet (8') above ground grade.
      3.   The property is being offered for sale through a licensed real estate agent, or when the sign is owned by the property owner and that property is offered for sale by the owner through advertising either online or in a local newspaper of general circulation; and for a period of thirty (30) days following the date on which a contract of sale has been executed by a person purchasing the property.
   C.   Signs required to provide notice of request for zoning change are permitted as provided in section 10-4-9 of this title.
   D.   The developer of a subdivision may request that the Plan Commission approve the design, construction and location of signs larger than twelve (12) square feet. The Plan Commission may approve the use of larger signs for a period of up to two (2) years or until the subdivision is substantially completed, whichever is sooner. (Ord. 19-14, 8-20-2019)

10-7-3: BUILDING HEIGHT LIMITATIONS:

The maximum vertical distance as defined for building height shall be thirty six feet (36') unless a variance is granted by the Zoning Board of Appeals. (Ord. 89-13, 5-16-1989)

10-7-4: OFF-STREET PARKING:

   A.   Purpose:
      1.   To protect and preserve the appearance and character of neighborhoods within the village through screening of off-street parking and limiting the number and type of vehicles parked on a lot.
      2.   To require adequate protection for contiguous property against undesirable effects from the creation and operation of parking areas.
      3.   Parking and storage of motor vehicles on any lot zoned in a Single-Family Residence District shall be in accordance with the following requirements:
   B.   Definitions: For purposes of this section, the following words shall have the meanings ascribed to them below:
 
COMMERCIAL VEHICLE:
Any motor vehicle or trailer operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire. Any passenger vehicle, passenger van, SUV, pick-up truck, or sprinter style van, (but no box trucks nor trailers) which bears no indicia of commercial use, lettering or logos, even if used in furtherance of a commercial enterprise, shall not be deemed a commercial vehicle for purposes of this section. Provided, however, that no such vehicle shall exceed ten feet (10') tall nor exceed any Village road weight limits.
DRIVEWAY:
An area or path consisting of a graded surface of gravel, concrete, bituminous asphalt or concrete or brick pavers upon which vehicles may be driven or parked, which leads from a street or road and which may provide access to a residential garage and/or parking area, installed in accordance with a permit issued by the Village Engineer.
ENCLOSED:
Located within a permanent structure permitted under the applicable zoning district regulations.
HORSE TRAILER:
A trailer used exclusively for the transport of horses.
INOPERABLE MOTOR VEHICLE:
Any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power.
OTHER VEHICLES AND TRAILERS:
Motor vehicles (other than as hereinabove described) not exceeding ten feet (10') in height such as, but not limited to, snowmobiles, personal watercraft, boats, motorcycles, all-terrain vehicles, trailers used for transporting any of the foregoing, car trailers, car haulers, and any enclosed or unenclosed trailer, but not including horse trailers.
PERMITTED COMMERCIAL VEHICLES:
The following commercial vehicles are permitted: passenger vehicles, vans and pickup trucks, which may include racks for storing ladders and other equipment, utility cabinets, and apparatus used to cover pickup truck beds for purposes of conveying equipment or merchandise, as depicted below:
 
Examples of Permitted Commercial Vehicles:
 
 
PROHIBITED VEHICLE:    Any vehicle in excess of twenty-five feet (25') in length or ten feet (10') in height. Additional prohibited vehicles are: semi-trucks or tractors, tractor trailers, flat bed or stake bed trucks, step vans, ambulances, tow trucks, car carriers, tanker trucks, buses, construction vehicles, box trucks, food trucks, or trailers over twenty-five feet (25') long as depicted below:
   Examples of Prohibited Vehicles:
 
 
 
 
 
 
RECREATIONAL VEHICLE: Any camping trailer, motor home, mini- motor home, travel trailer, truck camper, or van camper which is used primarily for recreational purposes and is not used commercially.
SETBACK LINE: That line established by the face of the principal structure which is nearest to the front yard of a lot.
SUBSTANTIALLY SCREENED OR SCREENED: Screened year-round a minimum of seventy-five percent (75%), on not less than three (3) sides, from adjacent residential properties and public view, by landscaping consisting of a planted earth berm, densely planted evergreen shrubs or trees or a combination of both, as follows:
   1.   In front yards, permanent screening at least four feet (4') in height shall be constructed and maintained in areas adjacent to permitted side yard parking.
   2.   In side and rear yards, permanent peripheral screening at least five feet (5') in height shall be constructed and maintained in areas adjacent to permitted parking areas, to be located between the parking area and the lot line.
A single-family residence or permitted accessory structure may serve as part of the screen. Existing natural vegetation may also serve as all or part of the required screen provided such natural vegetation provides the same degree of screening year-round, as required herein. In the event such natural vegetation is used as a screen, the same shall be maintained in such a manner as to constitute a screen equivalent to that required by this definition. Tarps or similar items are not allowed to be used as a screen.
   B.   Minimum Spaces: Not less than one parking space shall be provided for each licensed passenger vehicle to be located on a single-family lot, subject to the provisions of subsection C of this section.
   C.   Single-Family Zoning District: Off-street parking of vehicles on property located in a Single-Family Zoning District is permitted as follows:
      1.   On Lots In The Wayne Village Historic District: No more than three (3) unenclosed and unscreened vehicles may be parked or located on a single-family lot in front of the setback line, one of which may be a commercial vehicle (without an attached trailer). No vehicle defined as an other vehicle or trailer may be parked or located in front of the setback line unless substantially screened or enclosed. No recreational vehicle may be parked or located on any portion of a lot unless substantially screened or enclosed. All vehicles must be operable and parked on a graded surface per 10-7-4-D. Additional parking for a temporary event is allowed.
      2.   On Lots Of Record Two Acres or Less Not Located Within The Wayne Village Historic District: No more than five (5) unenclosed and unscreened vehicles may be parked or located on a single-family lot, one of which may be a commercial vehicle. No other commercial vehicle or recreational vehicle or other vehicle or trailer may be parked or located on any portion of a lot unless substantially screened or enclosed. All vehicles must be operable and parked on a graded surface per 10-7-4-D. Additional parking for a temporary event is allowed.
      3.   On Lots Of Record of More than Two Acres: No more than six (6) unenclosed and unscreened vehicles may be parked or located on a single-family lot, one of which may be a commercial vehicle. No other commercial vehicle or recreational vehicle or other vehicle or trailer may be parked or located on any portion of a lot unless substantially screened or enclosed. All vehicles must be operable and parked on a graded surface per 10-7-4-D. Additional parking for a temporary event is allowed.
   D.   Surface: All parking or location of any vehicle or trailer on a single-family lot shall be on a graded surface of gravel, concrete, bituminous asphalt or concrete or brick pavers, and all installation of such spaces shall be pursuant to a permit granted by the Village.
   E.   License And Tags: All motor vehicles or trailers parked or located within any unenclosed parking area on a single-family lot shall display current license plates or tags. Any vehicle or trailer not having a license plate or tag shall be parked or located only within a completely enclosed structure.
   F.   Inoperable Vehicle Or Trailer: No inoperable motor vehicle or trailer shall be parked or located on a single-family lot except within a completely enclosed structure.
   G.   Sale Vehicles: Only vehicles or trailers which are owned by the resident, including, but not limited to, snowmobiles, personal watercraft or all-terrain vehicles, may be displayed for sale on the driveway of any single-family lot; provided that, such display of vehicles for sale shall be limited to no more than thirty (30) days per calendar year.
   H.   Parking In Vacant Lots: No vehicle or trailer shall be parked or located on any vacant single-family lot unless such lot is part of an occupied zoning lot and such vehicle or trailer is owned by the resident of such zoning lot.
   I.   Commercial Vehicles: Except where permitted under subsection C of this section, no commercial vehicle shall be parked on any single-family lot unless substantially screened from view or enclosed, unless such vehicle is providing a required service for the dwelling on such lot, and then only for the period of time which is required to provide such service.
   J.   Recreational Vehicles: Where permitted under subsection C of this section not more than one recreational vehicle may be parked or located on a single-family lot; provided that, such vehicle shall be parked only behind the setback line on such lot. The recreational vehicle may be parked in front of the setback line for a period not to exceed seventy-two (72) hours within any one calendar year for purposes of loading and unloading. No recreational vehicle parked on a single-family lot shall be used for living, sleeping or housekeeping purposes within the Village.
   K.   Repair Or Service: No motor vehicle repair or service shall be permitted on any unenclosed parking space on a single-family lot for a cumulative period in excess of twenty-four (24) hours per calendar month.
   L.   Other Regulations:
      1.   Parking spaces used for the parking of "other vehicles and trailers," as defined in this section, shall be substantially screened or enclosed, and shall be located on a graded surface as required under subsection D of this section.
      2.   No boat or watercraft exceeding two hundred fifty (250) pounds in weight (unladen) or exceeding fourteen feet (14') in length, or any motorized boat or watercraft shall be parked, placed, stored or located in or on any pond, lake, retention pond or other body of water between dusk and dawn, irrespective of whether such boat is enclosed, unenclosed or substantially screened, provided however, that this prohibition shall not apply to the Fox River and boats parked, placed, stored or located thereon.
      3.   No watercraft shall be stored on a lot, for a period exceeding ten (10) days, unless it is stored in a fully enclosed permitted structure.
   M.   Horse Trailers: This section shall not be applied to the regulation of horse trailers (as defined in subsection A of this section), provided that, horse trailers may only be parked or located on lots in a Single-Family Zoning District of two acres or more and no horse trailer in excess of thirty feet (30') in length and no more than two (2) individual horse trailers may be parked or located on any such lot of record or any such zoning lot within any Single-Family Zoning District.
   N.   Limit On Commercial Vehicles: Where permitted under subsection C of this section and notwithstanding anything contained herein to the contrary, no more than one (1) commercial vehicle may be parked or located unscreened or unenclosed on any residential lot.
(Ord. 01-08, 6-19-2001; amd. Ord. 03-15, 7-15-2003; Ord. 24-06, 7-3-2024)

10-7-5: HENS, COOPS AND PENS AS PERMITTED ACCESSORY USES:

   A.   Permitted Accessory Uses: The following is a permitted accessory use on a residential lot of eight thousand (8,000) square feet or more in Residential Zoning Districts W-1 through W-5: no more than one coop and pen and, in addition to and without limiting the number of other livestock animals permitted on the lot (if any), no more than the greater of either six (6) hens per lot or four (4) hens per acre up to a maximum of twelve (12) hens on any lot, further provided that any lot adjoining smaller lots shall not be permitted to keep or maintain more than the maximum number of hens permitted on the smallest adjoining lot (if any). Residential lots that are less than eight thousand (8,000) square feet or that adjoin a residential lot less than eight thousand (8,000) square feet are not permitted to build, keep or maintain coops, pens or hens.
   The entirety of this section, and all permissions granted by it, will expire and be deemed null and void April 1, 2035 unless and for such time as it may be extended (if at all) by subsequent ordinance issued by the Village Board. (Ord. 19-13, 8-20-2019; amd. Ord. 21-05, 3-16-2021; Ord. 23-06, 4-20-2023; Ord. 25- 03, 4-1-2025)

10-7A-1: PERMITTED USES:

The following uses are permitted in the W1 single-family residence district:
   A.   Principal Uses:
Single-family detached dwellings. (Ord. 89-13, 5-16-1989)
   B.   Accessory Uses: Accessory uses customarily incidental to the permitted principal uses, including, but not limited to, the following:
All accessory buildings or structures shall be located in the rear yard unless attached to the principal building.
Family burying grounds, provided that the lot on which same are located is not less than fifty (50) acres in area and the location of the family burying ground is not less than two hundred feet (200') from the front, rear and side lot lines.
Private garages, private stables and noncommercial pursuit of agriculture; provided that no more than four (4) horses or other livestock animals shall be kept on a lot which is four (4) acres in area, and that one additional horse or other livestock animal shall be permitted for each acre over four (4) acres. (Ord. 10-01, 1-19-2010)

10-7A-2: SPECIAL USES:

The following uses are allowable special uses:
Buildings and structures used for municipal, civic or community purposes, including, but not limited to, fire and police stations.
Certain commercial, office or business uses:
   A.   Whenever any parcel of land, or portion thereof constituting a zoning lot shall be rezoned from the B local shopping center district or similar classification to any residence district, the owner or owners of such parcel may apply within one hundred twenty (120) days of such rezoning or May 5, 1997, whichever date shall last occur, for a special use for any previously lawful, conforming use in the B local shopping center district located or established on such parcel at the time of rezoning.
The corporate authorities shall grant such special use, in lieu of any status as a legal nonconforming use (as otherwise provided in chapter 13 of this title) without further hearing or notice if they find that the use was lawfully existing at the time of a zoning map amendment rezoning the property. The corporate authorities shall provide in such special use permit for the following:
      1.   Permitting the construction, reconstruction, alteration or repair of any structures on the parcel without regard to the percentage of such structures to be constructed, reconstructed, altered or repaired, so long as the existing use is not changed or increased in intensity (replacement of an existing structure which otherwise satisfies the requirements of the special use permit and this subsection shall not be deemed to be an expansion or increase in intensity merely because the new structure has a greater ground floor area or total floor area) and so long as the total floor area of structures devoted to such use shall not exceed five thousand (5,000) square feet;
      2.   Providing that any new structure or remodeled, reconstructed or altered existing structure (if more than 50 percent of an existing structure) shall be designed and constructed to appear as a single-family detached residence (if the principal building) or as a residential accessory structure (if an accessory building);
      3.   Providing for site plan, landscaping and architectural approval of such structures;
      4.   Providing for minimum and maximum off street parking, and the location thereof;
      5.   Providing for external lighting and signage controls;
      6.   Providing for the term of such use, not to exceed fifty (50) years, so long as the parcel shall remain under the ownership or control of the current owner, their immediate family or lineal descendants;
      7.   Providing for a onetime transfer of ownership to unrelated third parties, so long as the then existing use is not expanded or enlarged. In such event, the existing use may continue for the balance of said fifty (50) year term;
      8.   Providing for such other conditions as shall be in harmony with the purpose of this special use provision and the conservation of residential areas.
This special use shall not be available for any property not located in a B district (or similar zoning classification) prior to rezoning, or for any property not subject to an existing business use as of the time of such rezoning.
Chainlink fencing, fences over six feet (6') in height and fencing which includes barbed wire or concertina strands on top of fences on a lot or parcel deemed to be a hazardous use.
Churches or other houses of worship.
Growing of crops in the open, provided that no sales are conducted from a store or stand erected or maintained on the premises.
Libraries, public.
Off street parking spaces and off street loading berths accessory to applicable special uses allowed herein, in accordance with the number of such spaces and berths and standards of design and construction required by the corporate authorities.
Outdoor recreation, private or public, not operated for profit such as: swimming pools, tennis courts, golf courses, but not miniature or par 3 courses or commercially operated driving ranges; equestrian sports, horse shows and hunter trials; dog shows and field trials; hunt clubs; gun clubs; conservation clubs; fishing ponds; private parks and playgrounds; and accessory buildings or structures for accessory uses customarily incidental to such special uses, including, but not limited to, kennels and clubhouses. Such accessory buildings or structures shall be in the rear yard. (See section 10-3-5 of this title.)
Parking lots serving any permitted or special use allowed by the regulations of any residence district where such residence district or portion thereof is located within any historic district now existing or hereafter established pursuant to section 9-3-1 (historic preservation districts) of this code. Such parking lots shall satisfy the following requirements:
   A.   Parking lots accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from, the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300') from such use.
   B.   Unless otherwise approved by the historic sites commission, in conformity with the Wayne "Historic Design Guideline Manual", as amended from time to time, parking lots shall be surfaced either with concrete not less than six inches (6") in thickness or with bituminous surface of not less than two inches (2") in depth on top of a compacted, crushed stone base not less than six inches (6") in depth, or with any surface equal or superior to either of these types. Such surfacing requirements shall be applied to all existing unsurfaced parking lots at the time of change or enlargement of a nonconforming use.
   C.   Adequate provision shall be made for the management of stormwater in accordance with village ordinances and standards to ensure that such water shall not flow onto adjoining property or public way in a quantity or manner that would be detrimental to the normal use thereof. When parking lots are located within designated floodplain areas, planning, design and construction of said parking facilities shall comply with applicable requirements of the village's floodplain control ordinances and regulations.
   D.   All vehicle parking areas containing more than five (5) parking spaces which: 1) adjoin or front on a public way, 2) adjoin property situated in a residence district or 3) adjoin any institutional premises shall be effectively screened on such sides thereof by a densely planted compact hedge or other landscaping not less than three feet (3') nor more than eight feet (8') in height, designed, installed and maintained so as to sufficiently prevent headlight illumination of the public way or of adjoining properties, as the case might be.
   E.   No parking lot shall be located within a required front yard nor be located closer to any street line than the established building line on adjacent properties nor closer than the yard requirements for the zoning district in which the parking lot is located. Any hedge or landscaping installed in connection with any parking lot shall be subject to the setback requirements for the zoning district in which it is located in the same manner as a building or structure.
   F.   The entrances and exits to and from the parking lot shall be of such number, location and width as to avoid traffic congestion and interference. Each entrance to and exit from the parking lot shall be at least twenty feet (20') distant from any adjacent property located in any residential district, except where egress and ingress to the parking lot is provided from a public way or public alley separating the residential areas from the proposed parking lot.
   G.   Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public streets in such a way as not to create a nuisance. However, in no case shall such lighting exceed two-tenths (0.2) foot-candle measured at the lot line. All lighting shall conform to the standards adopted in the Wayne site plan regulations, title 11, chapter 6 of this code.
   H.   All parking lots shall be provided with continuous curbs or wheel stops so located on the periphery of parking lots that no part of parked vehicles shall extend beyond the property line. Such curbs shall be properly anchored or secured.
   I.   All signs, markers or any other methods used to indicate direction of traffic movement and location of parking spaces shall be maintained in a neat and legible condition. All landscaping shall be permanently maintained in good condition with at least the same quality of landscaping as initially installed. The surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes. No cleaning or maintenance of parking lots utilizing motorized equipment may be performed between eleven thirty o'clock (11:30) P.M. and five thirty o'clock (5:30) A.M. each day, except for the removal of snow.
   J.   No parking lot shall be used for any purpose other than for the parking of motor vehicles.
Parks and playgrounds: publicly owned and operated.
Private equestrian facilities as a special use. (See section 10-12-2 of this title.)
Private recreational clay target shooting clubs on tracts of land of forty (40) acres or more located in the W1 and W2 single- family residence districts only, may be permitted subject to the conditions set forth in chapter 11 of this title and upon such other conditions and restrictions as the corporate authorities may deem appropriate. Such conditions and restrictions shall include, but not be limited to:
   A.   Approval of a site plan by the corporate authorities providing for not less than a fifty foot (50') "no firearms discharge" zone around the entire perimeter of the tract;
   B.   Approval by the corporate authorities of any additional buildings or alterations or additions to existing buildings, with the exception of normal repair and maintenance;
   C.   Provision that the use may continue only for so long as the tract consists of a minimum of forty (40) acres under the ownership or control of the club;
   D.   Use of the tract shall be for recreational clay target shooting between the hours of nine o'clock (9:00) A.M. and ten o'clock (10:00) P.M. only;
   E.   Membership in any club obtaining a special use permit under the provisions of this section shall be limited to sixty (60) shooting members, unless the corporate authorities, after further notice and public hearing, shall determine either that no major change in the intensity of use will occur or that further conditions on the use are necessary;
   F.   Submission of annual sworn statements by the club as to the number of shooting members;
   G.   Reasonable notification to the village chief of police of specific special events, including, but not limited to, shooting functions where no club members are present;
   H.   Use of the clubhouse and related structures and facilities shall be solely for the private, noncommercial use of the club, its members, invitees and guests;
   I.   There shall be no sale of alcoholic beverages and no inventory of alcoholic beverages intended for resale;
   J.   Decorative lighting, lighting for security purposes and all other lighting shall be subject to approval of a lighting plan by the corporate authorities and must be so designed and constructed (other than normal and customary residential lighting), such that direct rays of light shall not beam upon any part of any existing adjoining residence;
   K.   No outdoor public address systems shall be permitted;
   L.   Fencing and signage shall be subject to approval by the corporate authorities;
   M.   No firearms other than shotguns shall be permitted and no hunting with firearms shall be allowed; shotgun slug or "00 buckshot" is prohibited.
Railroad right of way.
Residential planned developments.
Schools, public, parochial, or private, boarding or nonboarding: elementary, junior high, high or junior college.
Sewage treatment plants, water filtration plants, pumping stations and reservoirs, public.
Temporary buildings and uses necessary for construction purposes for a period not to exceed one year.
Wire mesh fences and fences constructed with the use of T-posts shall be allowed only on lots or parcels having a minimum area of forty (40) acres. (Ord. 89-13, 5-16-1989; amd. Ord. 97-07, 2-4-1997; Ord. 97-19, 6-3-1997; Ord. 97-29, 11-18-1997; Ord. 99-19, 10-19-1999; Ord. 00-02, 1-11-2000; Ord. 05-30, 9-6-2005; Ord. 10-07, 6-15-2010; Ord. 10-08, 6-15-2010; Ord. 12-14, 7-17-2012)

10-7A-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than four (4) acres. See definition of "lot area" in section 10-2-2 of this title.
   B.   Lot Width: Not less than three hundred feet (300').
   C.   Building Height: Not to exceed two and one-half (21/2) stories or thirty six feet (36'), whichever is lower. (See section 10-7-3 of this chapter.)
   D.   Floor Area Per Dwelling:
      1.   One story dwellings: Ground floor area not less than two thousand two hundred (2,200) square feet, excluding the garage.
      2.   Dwellings having more than one story: Ground floor area not less than one thousand six hundred fifty (1,650) square feet, total floor not less than two thousand four hundred (2,400) square feet, excluding the garage.
      3.   Dwellings constructed after the date of enactment of this title shall have an attached private garage with a minimum of two (2) stalls and a maximum of four (4) stalls. (See section 10-3-5 of this title for permitted additional private garage stalls.) (Ord. 89-13, 5-16-1989)

10-7A-4: YARDS:

   A.   Front Yard: Not less than one hundred feet (100') in depth.
   B.   Side Yards: Two (2) side yards, each side yard not less than fifty feet (50') in width, except that on a corner lot a side yard adjoining a street shall be not less than one hundred feet (100') in width.
   C.   Rear Yard: Not less than one hundred feet (100') in depth. (Ord. 89-13, 5-16-1989)

10-7B-1: PERMITTED USES:

   A.   Principal Uses: Those uses permitted in a W1 district, except a guesthouse and except in the noncommercial pursuit of agriculture and private stables as accessory uses, there shall be not more than two (2) horses or more than two (2) other livestock animals kept on a lot containing two (2) acres of area, and on lots over two (2) acres in area, no more than one additional horse or other livestock animal in excess of two (2) shall be permitted for each one acre of lot area over two (2) acres. (Ord. 89-13, 5-16-1989)
   B.   Accessory Uses: Private stables, detached garages and accessory buildings or structures incidental to such permitted use shall be located in the rear yard. (See section 10-3-5 of this title.) (Ord. 89-13, 5-16-1989; amd. Ord. 95-07, 5-2-1995; Ord. 00-02, 1-11-2000)

10-7B-2: SPECIAL USES:

Those special uses allowed in the W1 district.
Accessory buildings and structures incidental to such special use shall be located in the rear yard, not less than fifty feet (50') from the rear and side lot line of a residential lot. (Ord. 89-13, 5-16-1989; amd. Ord. 99-19, 10-19-1999; Ord. 07-15, 10-1-2007; Ord. 10-07, 6-15-2010; Ord. 12-14, 7-17-2012)

10-7B-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than two (2) acres. See definition of "lot area" in section 10-2-2 of this title.
   B.   Lot Width: Not less than two hundred feet (200').
   C.   Floor Area Per Dwelling:
      1.   One-story dwellings: Ground floor area not less than two thousand (2,000) square feet, excluding the garage.
      2.   Dwellings having more than one story: Ground floor area not less than one thousand six hundred fifty (1,650) square feet, total floor area not less than two thousand four hundred (2,400) square feet, excluding the garage.
      3.   Dwellings constructed after the date of enactment of this title shall have an attached private garage with a minimum of two (2) stalls and a maximum of four (4) stalls.
   D.   Building Height: Not to exceed two and one-half (21/2) stories or thirty six feet (36'), whichever is lower. (See section 10-7-3 of this chapter.) (Ord. 89-13, 5-16-1989)

10-7B-4: YARDS:

   A.   Front Yard: Not less than sixty feet (60') in depth.
   B.   Side Yards: Two (2) side yards, each side yard not less than thirty feet (30') in width, except that on a corner lot a side yard adjoining a street shall be not less than sixty feet (60') in width.
   C.   Rear Yard: Not less than one hundred feet (100') in depth. (Ord. 89-13, 5-16-1989)

10-7C-1: PERMITTED USES:

Those uses permitted in a W2 district except private stables and noncommercial pursuit of agriculture shall not be permitted accessory uses on a lot less than two (2) acres in area, and regulations for the W2 district governing such accessory uses shall apply on a lot two (2) acres and over in area. (Ord. 89-13, 5-16-1989)

10-7C-2: SPECIAL USES:

Those special uses allowed in the W2 district, except that private recreational clay target shooting clubs shall not be permitted.
Accessory buildings and structures shall be located in the rear yard, not less than forty feet (40') from the rear and side lot lines of a residential lot.
Utility and public service uses including:
Electric substations or distribution stations.
Railroad passenger stations.
Other public or private utility service uses. (Ord. 89-13, 5-16-1989; amd. Ord. 10-07, 6-15-2010; Ord. 12-14, 7-17-2012)

10-7C-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than one acre. See definition of "lot area" in section 10-2-2 of this title.
   B.   Lot Width: Not less than one hundred fifty feet (150') wide for a lot one acre or more in area.
   C.   Floor Area Per Dwelling:
      1.   One story dwellings: Ground floor area not less than two thousand (2,000) square feet, excluding the garage.
      2.   Dwellings having more than one story: Ground floor area not less than one thousand five hundred (1,500) square feet, total floor area not less than two thousand four hundred (2,400) square feet, excluding the garage. (Ord. 89-13, 5-16-1989)
      3.   Dwellings constructed after the date of enactment of this title shall have an attached private garage, the total square footage of which shall not exceed twenty percent (20%) of the total square footage of the dwelling unit, provided however, that an attached garage with a minimum of two (2) stalls shall be provided, irrespective of said twenty percent (20%) limitation. (Ord. 10-07, 6-15-2010)
   D.   Building Height: Not to exceed two and one-half (21/2) stories or thirty six feet (36'), whichever is lower. (See section 10-7-3 of this chapter.) (Ord. 89-13, 5-16-1989)

10-7C-4: YARDS:

   A.   Front Yard: Not less than forty feet (40').
   B.   Side Yards: Two (2) side yards, each side yard not less than twenty five feet (25') in width with the two (2) side yards totaling not less than fifty five feet (55'), except on a corner lot a side yard adjoining a street shall not be less than forty feet (40') in width.
   C.   Rear Yard: Not less than sixty feet (60') in depth. (Ord. 89-13, 5-16-1989)

10-7D-1: PERMITTED USES:

Those uses permitted in a W2 district except private stables and noncommercial pursuit of agriculture shall not be a permitted accessory use on a lot less than two (2) acres in area, and regulations for the W2 district governing such accessory uses shall apply on a lot two (2) acres and over in area. (Ord. 89-13, 5-16-1989)
Detached garages shall not be permitted in the W4 single-family residence district unless rebuilt or reconstructed as a result of the destruction or demolition of an existing detached garage, and only where the principal residence does not contain an attached garage. (Ord. 95-07, 5-2-1995)

10-7D-2: SPECIAL USES:

Those special uses allowed in the W2 district, except that private equestrian facilities, and private recreational clay target shooting clubs shall not be permitted.
Accessory buildings and structures shall be located in the rear yard, not less than forty feet (40') from the rear and side lot lines of a residential lot.
Utility and public service uses including:
Electric substations or distribution stations.
Railroad passenger stations.
Other public or private utility service uses. (Ord. 89-13, 5-16-1989; amd. Ord. 10-07, 6-15-2010; Ord. 12-14, 7-17-2012)

10-7D-3: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than forty thousand (40,000) square feet. See definition of "lot area" in section 10-2-2 of this title. Roads must be dedicated to and accepted by the village or conveyed to a homeowners' association approved by the village.
   B.   Lot Width: Not less than one hundred thirty feet (130') wide for a lot one acre or more in area.
   C.   Floor Area Per Dwelling:
      1.   One story dwellings: Ground floor area not less than two thousand (2,000) square feet, excluding the garage.
      2.   Dwellings having more than one story: Ground floor area not less than one thousand five hundred (1,500) square feet, total floor area not less than two thousand four hundred (2,400) square feet, excluding the garage. (Ord. 89-13, 5-16-1989)
      3.   Dwellings constructed after the date of enactment of this title shall have an attached private garage, the total square footage of which shall not exceed twenty percent (20%) of the total square footage of the dwelling unit, provided however, that an attached garage with a minimum of two (2) stalls shall be provided, irrespective of said twenty percent (20%) limitation. (Ord. 10-07, 6-15-2010)
   D.   Building Height: Not to exceed two and one-half (21/2) stories or thirty six feet (36'), whichever is lower. (See section 10-7-3 of this chapter.) (Ord. 89-13, 5-16-1989)

10-7D-4: YARDS:

   A.   Front Yard: Not less than forty feet (40').
   B.   Side Yards: Two (2) side yards, each side yard not less than twenty five feet (25') in width with the two (2) side yards totaling not less than fifty five feet (55'), except on a corner lot a side yard adjoining a street shall not be less than forty feet (40') in width.
   C.   Rear Yard: Not less than sixty feet (60') in depth. (Ord. 89-13, 5-16-1989)

10-7E-1: PURPOSE AND INTENT:

This article is adopted for the purpose and intent of:
   A.   Promoting the reasonable and orderly development and redevelopment of properties located within the W5 district;
   B.   To appropriately limit development in that part of the district located within the floodplain of the Fox River;
   C.   To allow the reasonable use, development and redevelopment of parcels of land which due to their size became legal nonconforming by passage of this article;
   D.   To permit the reasonable development and redevelopment of parcels within the district while recognizing the current roadway infrastructure deficiencies present in the district;
   E.   To recognize the unique natural and manmade features of property in the district such as, but not limited to, the presence of the Fox River floodplain, topographical character of the area, the lack of sufficient roadway infrastructure, the widely varying lot sizes and configurations heretofore established within the district;
   F.   To preserve the natural beauty of the subject area to the extent practicable. (Ord. 02-03, 4-2-2002)

10-7E-2: PERMITTED USES:

Those uses permitted in a W3 district, except that private stables and noncommercial pursuit of agriculture shall not be a permitted accessory use on a lot less than two (2) acres in area, and regulations for the W3 district governing such accessory uses shall apply on a lot two (2) acres and over in area. (Ord. 02-03, 4-2-2002)

10-7E-3: SPECIAL USES:

Those special uses allowed in the W3 district, except that private recreational clay target shooting clubs shall not be permitted.
Accessory buildings and structures shall be located in the rear yard, not less than forty feet (40') from the rear and side lot lines of a residential lot.
Utility and public service uses including:
   Electric substations or distribution stations.
   Railroad passenger stations.
Other public or private utility service uses. (Ord. 02-03, 4-2-2002; amd. Ord. 10-07, 6-15-2010; Ord. 12-14, 7-17-2012)

10-7E-4: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than one acre, except as set forth in section 10-13-2 of this title.
"Lot area" shall mean the area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake, detention or retention basin, river or floodplain area or any area occupied by a street or public way; in addition, lot area shall include, for purposes of computing applicable setbacks or minimum lot size under the provisions of this title, any territory adjacent to (and previously a part of) a lot of record which territory has been conveyed to and accepted by the village pursuant to the Wayne historic and rural preservation program, as set forth in title 9, chapter 2 of this code; all as set forth in section 10-2-2 of this title.
   B.   Lot Width: Not less than one hundred fifty feet (150') fronting on a right of way dedicated for roadway purposes (whether public or private). Such roadways shall meet the design standards of the subdivision regulations set forth in title 11 of this code. No "flag lots", as defined in this title, will be permitted.
   C.   Floor Area Per Dwelling:
      1.   One story dwellings: ground floor area not less than two thousand (2,000) square feet, excluding the garage.
      2.   Dwellings having more than one story: ground floor area not less than one thousand five hundred (1,500) square feet, total floor area not less than two thousand four hundred (2,400) square feet, excluding the garage. (Ord. 02-03, 4-2-2002)
      3.   Dwellings constructed after the date of enactment of this title shall have an attached private garage, the total square footage of which shall not exceed twenty percent (20%) of the total square footage of the dwelling unit, provided however, that an attached garage with a minimum of two (2) stalls shall be provided, irrespective of said twenty percent (20%) limitation. (Ord. 10-07, 6-15-2010)
   D.   Building Height: Not to exceed two and one-half (21/2) stories or thirty six feet (36'), whichever is lower. (See section 10-7-3 of this chapter.) (Ord. 02-03, 4-2-2002)

10-7E-5: YARDS:

   A.   Front Yard: Not less than forty feet (40').
   B.   Side Yards: Two (2) side yards, each side yard not less than twenty five feet (25') in width with the two (2) side yards totaling not less than fifty five feet (55'), except on a corner lot, a side yard adjoining a street shall not be less than forty feet (40') in width.
   C.   Rear Yard: Not less than sixty feet (60') in depth. (Ord. 02-03, 4-2-2002)