This ordinance is known and cited as the “City of Wayne Zoning Code” or the “Zoning Code”. The official Zoning Map, a part of this Code, is known and cited as the “City of Wayne Zoning Map” or the “Zoning Map.”

(Ord. 2023-01. Passed 2-7-23.)

   Wayne’s Zoning Code promotes and protects the public health, safety, and general welfare by incorporating provisions to achieve the following:

   (a)   Prevent the overcrowding of land and undue concentration of structures and uses by regulating the intensity of land uses and lot areas and to determine the areas of open spaces surrounding buildings and structures necessary to protect adequate light, air, privacy, and convenience of access to properties.

   (b)   Promote economic development and conserve and preserve the value of land, buildings, and structures.

   (c)   Allow for a variety of residential housing types, and commercial, industrial, institutional, and public uses.

   (d)   Protect against noxious fumes and odors, fires, crime, heat, dust, smoke, glare, noise, radioactivity, and other nuisances and hazards.

   (e)   Promote efficient mobility throughout the City by a variety of modes, as appropriate to the character of each part of the community, while minimizing congestion and safety concerns.

   (f)   Promote the orderly and beneficial development of uses and prohibit uses that are incompatible with the character of development, uses, or structures permitted within zoning districts.

   (g)   Reduce flooding and water pollution and encourage the use of lands and natural resources in accordance with their character, adaptability, and suitability for particular purposes.

   (h)   Encourage the adequate and economical provision of transportation, utilities, drainage, education, recreation, and other public services and facilities.

   (i)   Establish standards that are consistent with and promote Wayne’s Master Plan.

   (j)   Provide for the administration, enforcement, and amendment of this Zoning Code.

(Ord. 2023-01. Passed 2-7-23.)

   Wayne’s Zoning Code is enacted pursuant to the:

   (a)   Zoning Enabling Act. The Michigan Zoning Enabling Act (PA 110 of 2006), as amended establishes the authority for local units of government to adopt comprehensive zoning regulations and empowers the City to enact a zoning code and provide for its administration, enforcement, and amendment.

   (b)   Necessity. Wayne has determined it necessary to enact zoning regulations for the purpose of promoting the public health, safety, and general welfare.

   (c)   Master Plan Compliance. Wayne has adopted a Master Plan intended to guide growth in a logical and orderly fashion, which serves as the basis of this Zoning Code.

(Ord. 2023-01. Passed 2-7-23.)

   (a)   Zoning applies to every building, structure, and use.

   (b)   Any use not expressly permitted within this Zoning Code is prohibited, unless otherwise reviewed and approved by the Planning Commission as a special land use. See Section 1202.07(c): Table of Permitted Uses by District on the determination for uses not specifically listed.

   (c)   No building, structure, or land is to be used or occupied, and no building or structure or part thereof is to be erected, moved, placed, reconstructed, extended, enlarged, or altered, except in conformity with this Zoning Code, unless specifically superseded by a law or regulation of Wayne County, the State of Michigan, or the Federal Government of the United States.

(Ord. 2023-01. Passed 2-7-23.)

   The provisions of this Zoning Code are in addition to all other ordinances and regulations in effect within the City.

   (a)   More Restrictive. Whenever any provision of this Zoning Code imposes more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other City Code, the provisions of this Zoning Code govern. Whenever the provisions of any other regulation or ordinance impose more stringent requirements than are imposed or required by this Zoning Code, then the provisions of such law or ordinance govern.

(Ord. 2023-01. Passed 2-7-23.)

   Any structure, site, lot, or use that was unlawfully constructed, occupied, or created before the effective date of this Zoning Code will continue to be unlawful, unless expressly permitted by this Zoning Code, and is not legally non-conforming.

(Ord. 2023-01. Passed 2-7-23.)