10-2-2: DEFINITIONS:
AGRICULTURE: The use of twenty (20) acres or more of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
ALLEY: The public right of way which normally affords a secondary means of access to abutting property.
ALTERATION: A change in size, shape, character, occupancy or use of a building or structure.
ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, observation or treatment of domestic animals.
AUTOMOBILE LAUNDRY: A building or portion thereof containing facilities for simultaneously washing more than two (2) motor vehicles.
AUTOMOBILE SERVICE STATION: A building or portion thereof or premises used for offering for sale at retail to the public of fuels, lubricating oil, grease, tires, batteries and accessories for motor vehicles, where repair service is incidental, where no storage or parking space is offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. Automobile service stations do not include open sales lots.
AWNING: A rooflike mechanism, retractable in operation, and covered with flexible, textured material which projects from the wall of a building.
BASEMENT: A portion of a building, all or in part below "curb level" as defined herein.
BLOCK: A tract of land bounded by streets, or by a street or streets and any combination of boundary lines of public or institutionally-owned lands, railroad right of way, rivers and lakes and other lines of demarcation.
BORROW PIT: A place or premises where dirt, soil, peat, sand, gravel or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operations on the premises.
BUILDING: A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BUILDING, ACCESSORY: A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.
BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
BUILDING, DETACHED: A building surrounded by open space on the same lot.
BUILDING HEIGHT: The vertical distance from the mean grade level (average level of the grade adjacent to the exterior walls of the building) to the mean height of the building (average level between the eaves and the ridge of a gable, hip or gambrel roof plus the vertical distance of each building story). Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height. Provided, however, that in no case shall the total building height of the building exceed forty feet (40'). Average level of grade shall mean the proposed mean grade at the time of initial permitting.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal use of the lot on which it is located is conducted.
BUILDING, RESIDENTIAL: A building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types: a) single-family detached dwellings; b) two-family dwellings; c) single-family or two-family attached and semi-detached dwellings developed initially under single ownership or unified control; and d) multiple-family dwellings.
BULK: The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following: a) size and height or buildings; b) location of exterior walls at all levels in relation to lot lines, streets, or other buildings; c) gross floor area of buildings in relation to lot area (floor area ratio); d) all open spaces allocated to buildings; and e) amount of lot area provided per dwelling unit.
BUSINESS: An occupation, employment, or enterprise which occupies time, attention, labor, and materials; or wherein merchandise is exhibited or sold, or where services are offered.
CARPORT: An open-sided roofed automobile shelter, formed by extension of the roof from the side of the building.
CEMETERY: Any land or structure in the Village dedicated to and used, or intended to be used, for the interment of human remains.
CHAINLINK FENCE (Also Known As CYCLONE FENCE): A fence made of metal wire twisted together into a diamond pattern.
CLINIC, MEDICAL OR DENTAL: A building or portion thereof, the principal use of which is for offices of an organization of specializing physicians or dentists or both.
CLUB OR LODGE, PRIVATE: Nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. (The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and County laws and Village ordinances.)
CONFORMING BUILDING OR STRUCTURE: Any building or structure which: a) complies with all the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; b) is designed or intended for a conforming use; - example: 1) a single-family dwelling in a Residence District; or 2) a store building in a Business District.
COOP: A structure housing hens consisting of a covered inside enclosure.
CORPORATE AUTHORITIES: The President and Board of Trustees of the Village of Wayne.
CURB LEVEL: The level of the established elevation at the centerline of the street pavement in front of such building measured at the center of such front. (Where no curb level has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level".)
CYCLONE FENCE: See definition of chainlink fence.
DISTRICT: A portion of the area within the Village of Wayne where certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title and the adjoining unincorporated area in DuPage County and Kane County where such provisions of this title shall apply upon annexation into the Village of such areas.
DRIVE-IN ESTABLISHMENT: One which accommodates on the lot its patrons' automobiles, from which the occupants may watch, purchase, etc.
DWELLING: A permanent building, designed or used exclusively for residential occupancy, but not including hotels, motels or lodging houses.
DWELLING, DETACHED: A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, SINGLE-FAMILY: A dwelling containing one dwelling unit only.
DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for one family only. (Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed, shall always be included for each "dwelling unit".)
ELECTRIC DISTRIBUTION CENTER: A terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATION: A terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
ENTRY STRUCTURES: A gate or gates which serves as a movable barrier across an entry drive or entry walkway. Entry structures also include wing walls, columns and/or walls at an entryway with or without a gate or gates.
ESTABLISHMENT, BUSINESS: A place of business carrying on operations within the Business District in compliance with zoning regulations as provided in title 10, chapter 8, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. Direct access to each "business establishment" shall be separate and distinct from direct access to any other business establishment, and in no case shall there be access to one such establishment from within another such establishment.
EXCAVATING/FILLING: Except as hereinafter provided, excavation and/or filling shall mean any changing of the grade or subgrade of a tract of land by cutting, scraping, grading, trenching, digging, filling in or otherwise reshaping the natural contour of the ground. The following shall not be construed as excavating/filling: a) any cutting, grading, trenching, digging or backfilling of any foundation of a building approved for construction; b) any cutting, grading, trenching, digging or backfilling of any septic tank site, including septic field approved for construction or reconstruction; c) top dressing in an area of existing homes, which top dressing does not change the drainage patterns.
FAMILY: One or more persons each related to the other by blood, marriage, or legal adoption or a group of not more than three (3) persons not all so related, together with his or their domestic servant or servants, maintaining a common household in a dwelling unit. A family may include not more than two (2) roomers, boarders or permanent guests, whether or not gratuitous.
FAMILY BURYING GROUND: A cemetery in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage.
FENCE: A structure used to delineate a boundary, or as a barrier, or as a means of confinement or for confinement.
FENCE, OPEN: A fence, including gates, which has, over its entirety, fifty percent (50%) of the surface area in open space as viewed from an angle of ninety degrees (90°) from the fence line.
FENCE, SOLID: A fence, including gates, which conceals from view from adjoining properties, streets or alleys, activities conducted behind it.
FLAG LOT: A lot that meets the minimum required lot width except that it does not front on a public right-of-way dedicated for roadway purposes, and it has access to such a public right-of-way only by way of a narrow private drive or lane that does not meet the minimum required lot width.
FLOODPLAIN: See definitions contained in DuPage County Countywide Stormwater and Floodplain Ordinance adopted by DuPage County June 14, 1994.
FLOOR AREA (For Determining Off Street Parking And Off Street Loading Requirements): Floor area where prescribed as the basis of determining off street parking and off street loading requirements shall be the sum of the gross horizontal area of the several stories of a structure taken from glass line to glass line and including the structure's primary and permanent working area, but excluding: a) basement; b) storage spaces; c) space permanently devoted to public use (such as elevator shafts and lobbies, interior stairwells, restrooms, common corridors); and d) space permanently devoted to building maintenance and operations (such as rooftop mechanical penthouses for the containment of such uses as heating and air conditioning equipment, elevator mechanisms and cooling towers, janitorial workrooms and storerooms; electrical cabinets; and ductwork).
FRONTAGE, LOT: All of the property of such lot fronting on a street, as measured between side lot lines.
FRONTAGE (Of A Block): All of the property fronting on one side of a street. (If the street is dead ended, the frontage is measured to the dead end of the street.)
GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used primarily for storing the private passenger vehicles, recreational vehicles and boats, and horse or boat trailers of the family or families resident upon the premises; provided that the uses of such accessory building or accessory portion of the principal building may also include, but shall not be limited to, a workshop area, and storing lawn maintenance equipment, tools, and other personal property belonging to the property owner; provided, however, that such accessory building or accessory portion of the principal building shall not be used for any home occupation other than home offices as permitted by section 10-7-1 of this title, or for any other business, service, or industry, whether or not connected directly or indirectly with such vehicles, trailers or other items stored therein.
GARAGE, PUBLIC: Any building where automobiles are painted, repaired, rebuilt, reconstructed or stored for compensation.
GARAGE, STORAGE: A building or premises used for housing only of motor vehicles pursuant to previous arrangements and not by transients; and where no equipment or parts are sold, and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.
GRADE: A reference plane representing the average finished ground level adjoining the building at all exterior walls. When the finished ground slopes away from the exterior walls, the reference plane shall be established by the lowest point(s) within the area between the building and the lot line or, when the lot line is more than six feet (6') from the building, between the building, and a point six feet (6') from the building.
GUEST, PERMANENT: A person or persons who occupies or has the right to occupy accommodations in a lodging house, motel, hotel or apartment hotel as his domicile and place of permanent residence.
GUESTHOUSE OR COACH HOUSE: A detached building or portion of a detached garage, accessory in nature, which is located on the same lot as a principal dwelling, and which contains living quarters for temporary nonpaying guests, domestic servants or employees, or one or more persons who are related by blood, marriage or legal adoption to persons residing in the principal dwelling.
HEN: Means the female of the species Gallus gallus domesticus, commonly known as chickens.
HISTORIC SITES COMMISSION: The Village Historic Sites Commission 1 .
HOME OCCUPATION: An occupation or profession engaged in by members of the immediate family residing in a dwelling, where such occupation is incidental and secondary to the use of the dwelling for dwelling purposes.
KENNEL: Any premises or portions thereof on which more than four (4) dogs, cats or other household animals over four (4) months of age are kept, or in which more than two (2) such animals are maintained, boarded, bred or cared for in return for remuneration, or are kept for the purpose of sale.
LIVESTOCK OR LIVESTOCK ANIMALS: Domesticated animals limited to hens (as defined in this section), horses, donkeys, mules, alpacas and llamas.
LOT: A single tract or parcel of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or unified control.
LOT AREA: 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.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT LINE, FRONT: That boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way, or private street; where such public way or private street is not a dedicated street, the right-of-way of such public way or private street shall be deemed to be sixty feet (60'), unless otherwise provided. (The owner of a corner lot may select either street lot line as the front lot line.)
LOT LINE, REAR: That boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.
LOT LINE, SIDE: Any boundary of a lot which is not a front or rear lot line.
LOT, REVERSED CORNER: A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of an adjacent interior lot.
LOT, THROUGH: A lot having a frontage on two (2) nonintersecting streets as distinguished from a corner lot. (Both street lines shall be deemed front lot lines.)
LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at the building line or front lot line, whichever is greater.
MARQUEE OR CANOPY: A roof like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.
MOTOR VEHICLE: A passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.
NAMEPLATE: A sign indicating the name and address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.
NONCONFORMING BUILDING OR STRUCTURE: A building or structure which: a) does not comply with all of the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or b) is designed or intended for a nonconforming use.
NONCONFORMING USE: A use of land, buildings or structures which does not comply with all of the regulations of this title or of any amendment hereto governing use for the zoning district in which such use is located.
PARKING LOT: An outdoor temporary storage area other than a street, used, or intended to be used, for the parking of five (5) or more motor vehicles for other than normal and customary single-family residential purposes. Driveways or other means of access to a parking lot shall be provided, but the area thereof shall not be counted in computing the number of parking spaces.
PEN: An enclosure connected to a coop for the purpose of allowing hens to leave the coop while remaining in an enclosed, predator safe environment.
PESTS: Insects and wild rodents such as rats, mice, skunks, beavers, raccoons, squirrels, chipmunks, prairie dogs, ground hogs (a/k/a woodchucks), marmots, porcupines and gophers that create nuisances or that are otherwise detrimental to humans or their livestock, or to either of their habitats, including the structures and plants that they own, occupy or maintain.
PLAN COMMISSION: The Village of Wayne Plan Commission 2 .
PLASTIC FLEX FENCE: A nonrigid fence consisting of PVC, polyethylene or other thermoplastic fence rails attached to and supported by wood, thermoplastic or metal posts.
   Illustration 1
   Plastic Flex Fence
   Examples - Nonexclusive
 
PROPERTY LINES: Those bounding a lot.
PUBLIC (As In Public Sewerage Or Water Systems): Implies the provision of such service by a person, firm or corporation, or governmental unit as authorized by law.
PUBLIC WAY: A sidewalk, alley, street or limited access highway.
RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for track operations, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards, whether or not owned in fee by the railroad or other entity having the right to use such right-of-way.
SETBACK: The minimum horizontal distance between the front line of a building or structure and the front property line.
SIGN: A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. A "sign" shall not include: a) the display of official court or public office notices; b) the flag emblem, or insignia of a nation, political unit, school or religious group; nor c) one located completely within an enclosed building, except signs located behind window areas intended to be viewed from outside the building.
SIGN, ADVERTISING: A sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS: A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING: An illuminated sign of which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. (A revolving, illuminated sign shall be considered to be a "flashing sign".)
SIGN, GROSS AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. (Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.)
SNOW FENCE: A fence, typically used to force drifting of snow to occur in a predictable place rather than randomly, or to create a barrier around a construction site. Such fencing may consist of perforated orange plastic sheet attached to stakes at regular intervals or cedar or other lightweight wood strips connected by metal wire attached to metal stakes.
   Illustration 2
   Snow Fence
   (Examples - Nonexclusive)
 
STABLE, PRIVATE: A one story accessory building detached from a dwelling that is located on a lot on which a dwelling is located, and which is designed, arranged, used or intended to be used primarily for housing not more than one allowable horse or pony per acre, which horses or ponies are not for hire but are primarily for the use of occupants of the dwelling; provided that a minimum of two (2) acres is required for such an accessory building, and further provided that the uses of such accessory building may also include, but shall not be limited to, a workshop area, and storing lawn maintenance equipment, tools, and other personal property belonging to the property owner; provided, however, that such accessory building shall not be used for any home occupation or for any other business, service, or industry, whether or not connected directly or indirectly with items stored therein.
STORY: That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. (A basement having more than 1/2 the clear floor to ceiling height above "curb level" shall be considered a "story".)
STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall not more than three feet (3') above the top level of the story below and, further, to constitute a half story, not more than sixty percent (60%) of the floor area shall be completed for a principal or accessory use.
STREET: A platted, partially or fully improved public right of way which affords the principal means of access to abutting property (not including driveways to buildings).
STRUCTURAL ALTERATION: A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except public utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.
T-POSTS: A metal fence post in the shape of a "t" to which wire strands or wire mesh is attached to form a fence.
   Illustration 3
   T-Post
   (Example - Nonexclusive)
 
USE (Of Property): The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained. (Includes any manner of performance of an activity or operation with respect to the performance standards of this title.)
USE, PERMITTED: A use which may be lawfully established in a particular district or districts (provided it conforms with all requirements, regulations and performance standards, if any, of such district).
USE, PRINCIPAL: The main use of land or buildings as distinguished from a subordinate or accessory use. (Such use may be either "permitted" or "special".)
USE, SPECIAL: A use (either public or private) which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts, but may be lawfully established in a district in accordance with provisions set forth in this title.
VILLAGE BOARD: The president and board of trustees of the village of Wayne.
WALL: A structure used to delineate a boundary or as a barrier or as a means of confinement or for confinement which conceals from view from adjoining properties, or streets, activities conducted.
WIRE MESH FENCE (Also Known As FIELD OR FARM FENCE): A fence consisting of metal wire mesh either welded or woven in a square, rectangular or triangular shape.
   Illustration 4
   Wire Mesh Fence
   (Examples - Nonexclusive)
 
YARD: An open space on a lot, unoccupied and unobstructed from its lowest level to the sky (a “yard” extends along a lot line and at right angles to such line, to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located).
YARD, CORNER SIDE: A side yard which adjoins a public street, private street, right-of-way, roadway or limited access highway which, unlike a typical interior side yard, extends from the front lot line to the rear lot line.
YARD, FRONT: The yard extending along a front lot line, being the minimum horizontal distance, between the street front lot line and the main building or any building projections other than steps, between the side lot lines.
YARD, INTERIOR SIDE: A yard extending along a side lot line, which is located immediately adjacent to another lot or to an alley separating such side yard from another lot, between the front yard and the rear yard.
YARD, REAR: The yard extending along a rear lot line, being the minimum horizontal distance between the rear lot line and the rear of the main building or any building projections other than steps, between the side lot lines.
YARD, REQUIRED: An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
YARD, SIDE: The yard extending along the side lot line between the front yard and to the rear yard.
YARD, TRANSITIONAL: A yard which must be provided on a lot in a Business District.
ZONING BOARD: The Village of Wayne Zoning Board of Appeals 1 . (Ord. 89-13, 5-16-1989; amd. Ord. 92-12, 7-7-1992; Ord. 93-34, 11-2-1993; Ord. 94-22, 6-14-1994; 1998 Code; Ord. 00-02, 1-11-2000; Ord. 01-09, 6-19-2001; Ord. 02-03, 4-2-2002; Ord. 05-30, 9-6-2005; Ord. 10-01, 1-19-2010; Ord. 10-08, 6-15-2010; Ord. 12-15, 7-17-2012; Ord. 19-13, 8-20-2019; Ord. 22-11, 10-4-2022)

 

Notes

1
1. See title 9, chapter 1 of this Code.
2
1. See title 2, chapter 2 of this Code.
1
1. See title 2, chapter 3 of this Code.