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Wayne City Zoning Code

CHAPTER 8

BUSINESS DISTRICTS

10-8-1: GENERAL REQUIREMENTS:

   A.   Business Conducted Within Enclosed Building: All business, service, storage, merchandise, display and, where permitted, repair and processing, shall be conducted wholly within an enclosed building, except for off-street automobile parking and off-street loading and providing fuel to vehicles on the premises of a gas station.
   B.   New Merchandise, Sale At Retail Required: Goods sold shall consist primarily of new merchandise. Any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.
   C.   Performance Standards: Processes and equipment employed, and goods processed or sold, shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste. (Ord. 89-13, 5-16-1989)

10-8A-1: GENERAL CONDITIONS:

   A.   Dwelling Units Prohibited: Dwelling units are not permitted, except if dwelling units are located in a local shopping center district that is located wholly or partially within a historic district the regulations and procedures administered by the historic sites commission will apply. (Ord. 89-13, 5-16-1989; amd. 1998 Code)
   B.   Space Limitations: Each business establishment is restricted to not more than five thousand (5,000) square feet of floor area.
   C.   Building Site Restriction: In addition to other regulations with respect to the district, construction of new buildings for this district will be limited to not more than forty percent (40%) of the land area upon which building is to be constructed. (Ord. 89-13, 5-16-1989)

10-8A-2: PERMITTED USES:

The following uses are permitted:
Antique shops.
Banks.
Barbershops.
Beauty parlors.
Book and stationery stores offering products suitable for the general public.
Buildings and structures used for municipal, civic or community purposes, including, but not limited to, fire and police stations.
Camera and photography supply stores.
Candy and ice cream stores.
Drugstores.
Dry cleaning and laundry receiving establishments provided that processing shall be done elsewhere.
Flower shops.
Food stores: grocery stores, meat markets, delicatessens and bakeries where goods sold are not produced on the premises.
Gift shops.
Hardware stores.
Interior decorating shops, provided that goods sold are not fabricated or processed on the premises.
Jewelry stores.
Libraries, branch.
Medical and dental clinics.
Newspaper offices, but not including printing.
Offices: business, professional and public.
Post offices.
Retail stores and showrooms for consultation and sale of electronics and audio/visual equipment (excluding installation of motor vehicle audio/visual equipment).
Temporary buildings for construction purposes for a period not to exceed one year.
Variety stores.
Wearing apparel stores.
Accessory uses to the above permitted uses, including, but not limited to, off street parking facilities: one off street parking space for each three hundred (300) square feet of floor space shall be provided and such parking spaces and access drives shall be designed and constructed in accordance with requirements set forth by the Corporate Authorities. (Ord. 89-13, 5-16-1989; amd. Ord. 12-14, 7-17-2012; Ord. 15-15, 11-17-2015)

10-8A-3: SPECIAL USES:

The following uses are allowable special uses:
Automobile service stations.
Building material sales.
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.
Clubs and lodges: private, fraternal or religious.
Electric and telephone substations and distribution centers.
Garden supply and seed stores.
Medical cannabis dispensing organizations in conformance with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (PA 98-0122).
Railroad rights-of-way and passenger stations.
Other business uses similar to permitted uses listed above. (Ord. 89-13, 5-16-1989; amd. Ord. 10-08, 6-15-2010; Ord. 14-09, 4-1-2014)

10-8A-4: LOT AREA REQUIREMENTS:

   A.   Lot Area: Not less than one acre, except that lots of less than one acre existing in this district as of the date of enactment of this title are permitted.
   B.   Building Height: Not to exceed one story, except as permitted by the Historic Sites Commission to rebuild existing structures in a historic district. (Ord. 89-13, 5-16-1989)

10-8A-5: YARDS:

   A.   Front Yard: Not less than thirty feet (30') in depth.
   B.   Side Yards: Not less than twenty feet (20') in width.
   C.   Rear Yard: Not less than twenty feet (20') in depth except a rear yard need not be provided when the rear lot line adjoins a railroad right-of-way. (Ord. 89-13, 5-16-1989)

10-8A-6: SIGNS:

Non-flashing, but uncolored illuminated signs with no moving parts, awnings and marquees, are permitted in Business Districts.
   A.   The illumination of any exterior sign shall be only during business hours or until eleven o'clock (11:00) P.M., whichever is earlier. Where a sign is illuminated by a light reflected upon it, direct rays of light shall not beam upon any part of any existing residential buildings, nor into a Residence District, or into a street right-of-way.
   B.   The gross surface area in square feet of signs on a lot shall not exceed twenty (20) square feet.
   C.   All signs shall be affixed flat against building walls or may project therefrom not more than twenty four inches (24"). Variations from this limitation may be granted by the Village Board pursuant to the provisions of section 10-4-6 of this title, including the provisions of section 9-3-3 of this Code relating to historic districts, if applicable.
   D.   No sign shall be painted, pasted or similarly posted directly on the surface of any building, wall or fence.
   E.   No sign shall project higher than the building height. (Ord. 19-14, 8-20-2019)

10-8A-7: ARCHITECTURAL CONTROLS:

   A.   As it is the purpose of the Business District to provide only those business establishments that are convenient for incidental shopping and personal services primarily for the residents of the Village, it is the intent that the architectural design and exterior construction material of such business buildings shall be compatible with the character of the surrounding residential developments and consistent with the requirements of the Historic Sites Commission, if applicable.
   B.   In order to further this intent, all applications for a building permit to establish a permitted use or a special use in this district shall be referred by the Zoning Enforcement Officer or the Building and Zoning Department to the Plan Commission and the Historic Sites Commission, if applicable, for approval of architectural design and types of exterior construction materials for any new building or structure, or additions or major alterations of an existing building or structure.
   C.   An appeal may be taken to the Corporate Authorities by an owner or owners or their duly authorized agent aggrieved by any decision of the Plan Commission relative to such architectural controls. (Ord. 89-13, 5-16-1989)