(a) Definitions. As used in this section:
"Accessory use," "accessory building" or "accessory structure" have the meaning ascribed to those terms in Section 17-9-0201-B.
"Base metal" means any metal in unwrought, semi- processed (e.g. as powder, wire, rods, cable) or waste/scrap form, including, but not limited to, iron, steel, copper, nickel, aluminum, calcium, lead, magnesium, tin, titanium, zinc, and zirconium.
"Dwelling unit" has the meaning ascribed to that term in Section 17-17-0248.
"Hazardous material" has the meaning ascribed to that term in Section 4-6-210.
"Home occupation" means the accessory use, of a business or commercial nature, of a dwelling unit by the person(s) residing in such dwelling unit. The term "home occupation" does not include persons who, as an owner or employee, perform administrative, clerical or research work in their home for an entity whose principal place of business is located elsewhere. Nor does the term "home occupation" include any child care institution, day care center, part-day child care facility, group home, day care home or group day care home that is properly licensed by a state agency or by the City of Chicago. Nor does the term "home occupation" include any cottage food operation or home kitchen operation properly registered by a state or county agency or the City of Chicago.
"Non-resident external employee(s)" or "external employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(ii) of this section.
"Non-resident internal employee(s)" or "internal employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(i) of this section.
"Residential building" has the meaning ascribed to the term in Section 17-17-02146.
(b) Scope of license. A regulated business license for a home occupation shall entitle its holder to conduct more than one home occupation within the licensed dwelling unit if the license applicant indicates, on the license application form, the occupations that will be carried on in such dwelling unit.
(c) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in a home occupation shall be accompanied by the following information:
(1) the location of the dwelling unit where the home occupation will be carried on;
(2) the name of the person(s) who will be designated as the licensee;
(3) whether more than one home occupation will be carried on in the dwelling unit;
(4) the type(s) of occupation(s) that will be carried on in the dwelling unit;
(5) the total square footage of the floor area of the applicable dwelling unit;
(6) the total square footage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;
(7) the percentage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;
(8) whether any accessory building or accessory structure, such as a garage, will be permanently used to store any material used in connection with the occupation(s) identified pursuant to item (4) of this subsection (c), and, if so, the total square footage of the floor area of such accessory building or accessory structure that will be used for such purpose.
(d) License issuance and renewal – Prohibited when. No regulated business license to engage in a home occupation shall be issued to the following persons:
(1) any applicant or licensee, as applicable, if the home occupation identified in the license application is the principal use of the dwelling unit. In order for a home occupation license to be issued under this section, the home occupation must be accessory, incidental and secondary to the principal residential use of the dwelling unit;
(2) any applicant or licensee, as applicable, if the home occupation identified in the license application will change the residential character of the dwelling unit or adversely affect the character of the surrounding neighborhood;
(3) any applicant or licensee, as applicable, if the home occupation identified in the license application is for an occupation or activity prohibited under subsection (e) of this section;
(4) any applicant or licensee, as applicable, if the total square footage of the home occupation exceeds the permitted percentage or square footage requirements set forth in subsection (g)(7) of this section;
(5) any applicant or licensee, as applicable, if the home occupation does not comply with Section 17-9-0202 or other applicable provisions of the Chicago Zoning Ordinance.
(e) Activities not subject to licensure as a home occupation – Standards. The following activities shall not be licensed as home occupations under this section:
(1) any repair of motorized vehicles, including the painting or repair of automobiles, trucks, trailers, boats, and lawn equipment;
(2) the dispatch, for compensation of any type, of any type of motor vehicle;
(3) animal hospitals;
(4) astrology, card reading, palm reading or fortune-telling in any form;
(5) kennels;
(6) stables;
(7) bird keeping facilities;
(8) barber shops or beauty parlors;
(9) dancing schools;
(10) restaurants or pop-up food establishments as defined in Section 4-8-010;
(11) massage establishments, including massage therapy;
(12) caterers / catering / food preparation businesses / shared kitchens as defined in Section 4-8-010;
(13) funeral chapels or funeral homes;
(14) crematoria;
(15) mausoleums;
(16) medical or dental services and/or clinics;
(17) public places of amusement;
(18) the sale of firearms, antique firearms as defined in Section 8-20-010, or ammunition;
(19) a weapons dealer;
(20) firearm training or instruction;
(21) storage of machines or bulk materials to be utilized in the operation of construction businesses or landscaping businesses;
(22) warehousing;
(23) welding or machine shops; and
(24) any activity that requires a children's services facility license under Chapter 4-75 of this Code.
(f) Legal duties – Standards. Each licensee engaged in a home occupation shall have a duty to:
(1) conduct the home occupation completely within the dwelling unit. Provided, however, that services offered or performed in conjunction with the home occupation may be provided off-site. Provided further, that an attached or unattached accessory building or accessory structure, such as a garage, may also be used for incidental storage of materials, supplies and business records related to the home occupation if all of the following requirements are met: (i) the accessory building or structure is fully enclosed; (ii) no hazardous materials are stored in the accessory building or structure; (iii) if business records or paper supplies are stored in the accessory building or structure, such records or supplies are enclosed in boxes, file cabinets or other containers and all storage of materials, supplies, and records complies with all applicable provisions of this Code, including applicable ordinances relating to fire prevention; (iv) the square footage limitations set forth in subsection (g)(7) of this section are not exceeded; and (v) use of a garage for incidental storage shall not displace any off-street parking required under Chapter 17-10 of the Zoning Ordinance.
(g) Prohibited acts – Standards. It shall be unlawful for any licensee engaged in a home occupation to:
(1) conduct a home occupation in violation of Section 17-9-0202 or other applicable provisions of the Chicago Zoning Ordinance;
(2) allow the home occupation to become the principal use of the dwelling unit. The home occupation shall be accessory, incidental and secondary to the principal residential use of the dwelling unit;
(3) add to the dwelling unit a separate entrance from outside the building for the sole use of the home occupation;
(4) display signage or any other evidence of operation of the home occupation: (i) on the exterior of the dwelling unit or residential building or accessory building or accessory structure in which the dwelling unit is located, or (ii) if the dwelling unit is located in a residential building containing 2 or more dwelling units, on any interior wall or other interior location within such residential building other than the interior of the dwelling unit itself, or (iii) in any location within the dwelling unit or residential building or accessory building or accessory structure that is clearly visible from the public way;
(5) make any internal or external structural alterations or construction to the dwelling unit, whether permanent or accessory, of the type that will change the residential character of the dwelling unit or the residential building in which the dwelling unit is located;
(6) install any equipment of the type that will change the residential character of the dwelling unit or the residential building in which the dwelling unit is located;
(7) allow the total square footage of any home occupation, including any accessory building or accessory structure used for storage or other home occupation business-related activities, to permanently occupy more than 300 square feet or 25 percent of the total floor area of any dwelling unit, whichever number is larger;
(8) produce or emit any noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, obstruction to the public way, or any other effect that unreasonably interferes with any person's enjoyment of his or her residence;
(9) (i) hire or retain, or otherwise permit or allow, more than one non-resident employee to work within the dwelling unit in connection with the home occupation. All other employees of the licensee who work within the dwelling unit shall reside in the dwelling unit in which the home occupation is located.
(ii) Nothing in this subsection (g)(9) shall be construed to prohibit a licensee under this section from hiring or retaining non-resident employees to work exclusively outside the dwelling unit in connection with the home occupation.
(iii) In the event of an alleged violation of subparagraph (i) of this subsection (g)(9), the following requirements shall apply: (A) A rebuttable presumption shall exist that an employee has been authorized by the licensee to work within the dwelling unit in connection with the home occupation if such employee is present in the dwelling unit for more than three consecutive hours in any given day. (B) The burden of proof shall be on the licensee to prove, by a preponderance of evidence, that the non-resident employee is an external employee;
(10) regardless of whether a dwelling unit is used for one or more home occupations: (i) allow more than two patrons or clients or non-resident external employees of the home occupation to be present, in any combination, in the dwelling unit at any one time; or (ii) allow more than ten patrons or clients or external employees of the home occupation to be present, in any combination, in the dwelling unit during any 24-hour period; or (iii) allow any person, other than the person(s) who reside in the dwelling unit and not more than one non-resident internal employee, to perform any work in the dwelling unit in connection with the home occupation(s) being carried on in such dwelling unit. Provided, however, that the restrictions set forth in this subsection (g)(10) on the number of patrons, clients and non-resident external employees allowed in a dwelling unit shall apply to all home occupations within such dwelling unit and shall not be cumulative. Provided further, that in the event of an alleged violation of this subsection (g)(10), the rebuttable presumption and burden of proof set forth in items (A) and (B), respectively, of subsection (g)(9)(iii) of this section shall apply;
(11) permit any tractor trailer delivery; or
(12) permit or accept more than one bulk delivery per day (in addition to United States mail service, Federal Express, U.P.S. and messenger services). Any such bulk delivery shall occur between the hours of 8:00 a.m. and 6:00 p.m. and such bulk delivery complies with all applicable provisions of this Code, including applicable ordinances relating to fire prevention and the governing of special types of vehicles on City of Chicago streets set forth under Section 9-64-170.
(h) Construction of section.
(1) Nothing in this section shall affect the applicability of any federal or state law pertaining to the production, manufacture or assembly of products, or the applicability of the Fair Labor Standards Act, the Occupational Health and Safety Act, or any child labor, workers' compensation, unemployment compensation, wage and hour or other applicable law.
(2) Nothing in this section shall prevent a condominium association's board of directors, a cooperative association's board of directors or a landlord from adopting a rule, declaration, or bylaw prohibiting home occupations on the premises under which circumstances such rule shall supersede this section in effect. Nothing in this section shall preclude, invalidate or override any existing covenant, bylaw or rule of a condominium association, common interest community, housing cooperative or landlord which prohibits, restricts or regulates, in a stricter manner than this section, home occupations.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 73; Amend Coun. J. 6-25-14, p. 83727, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. I, § 1; Amend Coun. J. 9-20-18, p. 84293, § 3; Amend Coun. J. 4-21-21, p. 29591, § 1)