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Wayne City Zoning Code

CHAPTER 1223

Specific Use Standards

1223.01 CHILD CARE CENTERS.

   (a)   Outside activities must take place at least fifty-feet from any residential district/use and decorative fencing must be provided for the safety of children.
   (b)   The applicant must submit a copy of the state license for the facility.
(Ord. 2023-01. Passed 2-7-23.)

1223.02 CONCRETE/ASPHALT PLANTS.

   These regulations apply to permanent concrete plants and concrete and asphalt crushing operations, they do not apply to temporary portable batch plants and crushing operations related to a specific construction project.
   (a)   Concrete / Asphalt Plants:
      (1)   Must have a minimum lot area of three acres.
      (2)   To reduce the effects of airborne dust, dirt, and noise, plant equipment, stockpiles, truck staging areas, and similar operations must be located no closer than 300-feet to any road right-of-way line, no closer than 100-feet to any adjacent property lines, and no closer than 500-feet to any residentially zoned property.
      (3)   All driveways, loading areas, staging areas, and truck maneuvering areas within the site must be paved.
      (4)   The outside storage of materials other than sand, gravel, and other natural materials used in the concrete manufacturing process is prohibited. The location and size of sand and gravel storage areas must be shown on the site plan; stockpiles cannot exceed twenty-feet in height, or as otherwise approved by the Planning Commission.
      (5)   Plant facilities, including parking and loading zones and stockpiles, must be screened.
      (6)   The proposed recovery system for excess concrete must be noted on the site plan; storage of excess concrete on the site cannot exceed the limits specified in the approved recovery plan.
   (b)   Concrete / Asphalt Crushing Facilities:
      (1)   Operations must be setback a minimum of 500-feet from any parcel occupied by a residential or public use.
      (2)   All rubble must be processed (mechanically and/or manually) to separate extraneous material, such as metal and plastic, before the concrete or asphalt is crushed. The extraneous material must be removed to a properly zoned disposal area for recycling.
      (3)   Material to be crushed or in the process of being crushed must be watered to minimize the dust generated by the operation when seasonal conditions permit. Interior haul routes and faces of rubble piles must also be watered periodically for the purposes of dust control.
      (4)   Operations must be screened from abutting residentially zoned property.
      (5)   Hours of operation are limited between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday. Crushing operations are prohibited on Sundays and legal holidays.
(Ord. 2023-01. Passed 2-7-23.)

1223.03 DRIVE-THRUS.

   (a)   Sufficient stacking capacity for the drive-thru portion of the operation must be provided to ensure that traffic does not extend into the public right-of-way. A minimum of seven stacking spaces (nine-feet by twenty-feet) for each ordering window must be provided. Stacking spaces must be located so as not to interfere with vehicular circulation and egress from the property by vehicles not using the drive-through portion of the facility.
   (b)   Speakers for the drive-thru facility must be located in a way that minimizes sound transmission toward neighboring property and uses.
(Ord. 2023-01. Passed 2-7-23.)

1223.04 HOME OCCUPATION.

   (a)   The operation must be conducted within the dwelling unit, or the attached or detached accessory building.
   (b)   The operation must be conducted by the person or persons occupying the lot as their principal residence and up to one on-site employee.
   (c)   One parking space per employee is required. On-street parking cannot be counted towards the required parking space.
   (d)   The operation cannot create negative impacts on surrounding residential property.
   (e)   Commercial vehicles and/or food and dump trucks are not permitted in conjunction with home occupations.
   (f)   The floor area used for the operation cannot exceed fifty percent of the gross floor area of the dwelling unit.
   (g)   No in-person retail sales may take place as part of the business (online or mail order retail is permitted, as is wholesale). It is the intent of these regulations to limit the number of customers visiting the site of the business as much as possible.
   (h)   Outdoor storage is prohibited.
   (i)   In the event of complaints by surrounding property owners or occupants, the Planning Commission will hold a public hearing and determine whether the business is in violation of this Zoning Code. Operations found in violation are subject to the ceasing of operations.
(Ord. 2023-01. Passed 2-7-23.)

1223.05 HOSPITALS.

   (a)   The main means of access to the hospital for patients, visitors, and employees must be via a primary road.
   (b)   Hospitals must be constructed, maintained, and operated in conformance with applicable state and federal laws, including provisions of the Michigan Hospital Survey and Construction Act, Public Act 299 of 1947, as amended.
(Ord. 2023-01. Passed 2-7-23.)

1223.06 SCHOOLS, K-12.

   (a)   Playground equipment may only be located in the side or rear yard of the lot and must be at least fifty-feet from any side or rear property line.
   (b)   Off-street parking must be arranged so the bus loading and unloading area will not be in the path of vehicular traffic.
(Ord. 2023-01. Passed 2-7-23.)

1223.07 PET KENNELS/PET BOARDING.

   (a)   Buildings where dogs are kept, dog runs, and/or outdoor exercise areas must be setback at least 100-feet from any lot line.
   (b)   Must be operated in conformance with all applicable county and state regulations.
(Ord. 2023-01. Passed 2-7-23.)

1223.08 HOTELS/MOTELS.

   (a)   Accessory restaurants, lounges, or retail stores may be permitted if approved by the Planning Commission and City Council.
   (b)   Additional off-street parking will be required for any such use.
(Ord. 2023-01. Passed 2-7-23.)

1223.09 MICROBREWERY/DISTILLERY/WINERY.

   (a)   Facilities must obtain all required county, state, and federal approvals and copies of all approvals must be submitted to the City.
   (b)   Hops, barley, wheat, or other products used in the brewing process may be stored in a detached structure, such as a silo, provided that:
      (1)   Any such structure complies with the setback requirements for the district in which it is located.
      (2)   Is compatible in color and materials with the main building.
      (3)   No outdoor storage of bottles, pallets, or other containers is permitted.
      (4)   Storage in tractor trailers is permitted for periods not exceeding twenty- four-hours.
   (c)   No more than sixty-five percent of the total gross floor space of the establishment shall be used for the brewery function, such as the brewhouse, fermentation tanks, conditioning tanks, bright beer tanks/filter, bottling and kegging lines, malt milling and storage, serving tanks and boiler and water treatment areas.
   (d)   Outdoor dining may be permitted.
   (e)   Small-scale manufacturing of artisan goods or foodstuffs other than beer, spirts, and wine may be approved by the Planning Commission as an accessory use.
(Ord. 2023-01. Passed 2-7-23.)

1223.10 BREWPUB.

   (a)   Must operate a full-service restaurant with at least twenty-five percent of the gross sales coming from non-alcoholic items.
   (b)   May not sell their beer to wholesalers or retailers but may sell their beer to consumers for on or off-premises consumption.
(Ord. 2023-01. Passed 2-7-23.)

1223.11 SENIOR HOUSING.

   (a)   All bedrooms in the building shall have a minimum of 200 square feet.
   (b)   All ambulance access areas shall be visually screened from view of adjacent residential uses by a structure or by a sight-obscuring wall or fence of six-feet in height.
   (c)   The site shall include walking paths that are at least five-feet wide providing access to outdoor recreation and relaxation areas.
(Ord. 2023-01. Passed 2-7-23.)

1223.12 OUTDOOR DINING.

   Outdoor dining areas associated with an approved restaurant or other establishment which sells food and/or drinks for immediate consumption on the premises are permitted on private property after a yearly permit is obtained, provided the following are met:
   (a)   Must be enclosed with fencing or other decorative, removable physical delineations. If fencing is proposed, the fence must be a decorative wrought iron or ornamental aluminum fencing.
   (b)   All roofs and other overhead structures must be shown on a site plan, including umbrellas. A roof may be considered, subject to Planning Commission approval.
   (c)   Must be connected to an entrance of the principal building where food and/or drinks is prepared by a minimum of a paved, five-foot barrier-free sidewalk.
   (d)   The capacity and table/chair layout of the outdoor dining area must be designed to allow the safe and efficient movement of customers and wait staff in between and around tables.
   (e)   Must meet all county, state, and federal regulations.
(Ord. 2023-01. Passed 2-7-23.)

1223.13 SELF-STORAGE.

   (a)   Site Enclosure. The entire site, exclusive of access drives, shall be enclosed with a six-foot high masonry wall, decorative fence, landscaped wall, or opaque fence.
   (b)   Exterior Appearance. The exterior must comply with the following requirements:
      (1)   Storage buildings shall have pitched roofs with gables.
      (2)   Buildings shall be neutral colors.
      (3)   Buildings shall be oriented so that doors to storage units do not face toward the road unless such doors will be completely screened from view from the road.
      (4)   Building façades facing a public road shall not be faced with metal. Brick, stone, wood, vinyl siding, and EIFS are acceptable options, unless otherwise prohibited by this Code.
      (5)   If a manager’s office is proposed, it shall be located in front to screen the storage units. Fences or walls shall project no closer to the front of the site than the front of any such office or residence.
   (c)   Resident Manager. A resident manager may be permitted on the site for the purposes of maintaining the operation of the facility in conformance with the conditions of the approval.
(Ord. 2023-01. Passed 2-7-23.)

1223.14 SOLAR ENERGY SYSTEM.

   Solar energy collector systems shall be permitted in any zoning district, on a building or on the ground, and are subject to current Michigan Building Codes.
   (a)   Application Procedure. A permit for such installation shall be obtained from the Building and Engineering Department prior to the installation of any solar collector. A site plan shall be submitted, which details the following:
      (1)   Size and proposed location of the solar energy system, including location of any buildings on the site and on any contiguous lot.
      (2)   A picture or sketch of all the elements of the solar energy collector system which would be exposed to view from adjacent properties.
      (3)   Dimensions of all buildings.
      (4)   Setback lines as established in the zoning regulations, as well as setbacks from all buildings.
   (b)   Design Standards. The following design standards apply:
      (1)   Roof array.
         A.   The total height of the structure, including the array, shall not exceed the maximum height for the district.
         B.   If the array is located on an accessory structure, then the total structure shall not exceed the maximum height for accessory structures in the district.
      (2)   Ground array.
         A.   Arrays shall not be located in the front yard and shall comply with the other setback requirements of the district. In a residential district, the ground array may not extend beyond the front wall of the house.
         B.   Maximum lot coverage shall not be exceeded.
         C.   Arrays shall not exceed twenty-five-feet in height.
         D.   Foundations shall be pile driven, not poured concrete.
         E.   Anti-reflective glass shall be used; panels shall be placed so as to not reflect glare into any neighborhood property or the street.
(Ord. 2023-01. Passed 2-7-23.)

1223.15 RELIGIOUS INSTITUTION.

   (a)   A maximum of one entranceway per road frontage is permitted, unless otherwise approved by the Planning Commission.
   (b)   Accessory uses that are only open to members of the religious institution (i.e., gathering spaces, clergy residences, recreational facilities) must be permitted. Accessory uses that are open to the general public (i.e., assembly halls, private schools, etc.) may only be approved if they are permitted in the zoning district where the religious institution is located. This provision does not prevent temporary events that are open to the public from taking place on the site of religious institutions, provided that all requirements of this Zoning Code are met for the temporary event.
(Ord. 2023-01. Passed 2-7-23.)

1223.16 VETERINARY CLINIC.

   (a)   Buildings where animals are kept and/or outdoor exercise areas cannot be located closer than fifty-feet to any residential use or district.
   (b)   Must be staffed by at least one licensed veterinarian.
   (c)   May include grooming facilities or boarding facilities if those uses are permitted in the district where the clinic is located; such uses must be approved separately and meet all relevant standards in this Zoning Code.
   (d)   All outdoor play areas must be surrounded by a six-foot-tall decorative fence.
   (e)   Must comply with the requirements for off-street parking.
   (f)   Animal waste must be cleaned up daily; a waste clean-up and removal plan must be provided.
(Ord. 2023-01. Passed 2-7-23.)

1223.17 VEHICLE SALES.

   A newly established or vacant for more than six-months vehicle sales must comply with the following standards:
   (a)   The lot must have a minimum size of two-acres.
   (b)   The lot shall only be located on property adjacent to Michigan Avenue between Merriman Road and within 700 feet west of Howe Road. All existing vehicle sales uses located outside of this area are considered legal non-conforming pursuant to Chapter 1230.
   (c)   The lot must have a setback of ten-feet from the public right-of-way.
   (d)   Landscaping must be installed in conformance to Chapter 1219 covering the entire setback area.
   (e)   The parking lot must be surfaced with asphalt, concrete, or another permanent hard surface.
   (f)   There must be a permanently enclosed building built on the lot, no residential structures, trailers, modular buildings, or temporary structures. At least one, 150 square foot office space and a restroom open to the public must be provided.
   (g)   Fences are prohibited except in the rear yard area, as defined in this Code and being behind the rear wall of any building on the lot.
(Ord. 2023-01. Passed 2-7-23.)