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.
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.
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)