(a) Intent.
(1) Intent. The intent of this Section is to provide a means to accommodate a small home-based family or professional business home office without the necessity of rezoning from a residential to a commercial district. A home occupation or professional home office exceeding the standards for a permitted home occupa- tion/professional home office use under this Section may possibly be maintained pursuant to Subsection (e) below as a conditional use under Article E.
(2) Cumulative Scope of Activity. The total number of home occupations or professions conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations or professions conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one (1) home occupation.
(3) Purpose. The regulations of this Section dealing with home occupations and professional home offices are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities may be carried on in the home. This Section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
(b) Definitions. The following definitions are applicable in this Section:
(1) Home Occupation. A business or trade conducted within a structure primarily zoned or used for a residential purpose, conducted primarily by a resident of the premises. Common features of a residential home occupation (or professional home office) are whether business-related materials or stock-in-trade are stored on the residential premises, vehicles with a business or delivery purpose are regularly parked on or make deliveries at the residence, the home is advertised as a place of business, and/or there is a business deduction taken for tax purposes for the residential premises.
(2) Professional Home Office. Residences of telemarketers, computer programmers, typists, clergy, architects, engineers, land surveyors, lawyers, artists, teachers, tradesmen, authors, accountants, musicians or other recognized professions used to conduct their professions; also included are professions listed in Subsection (d) below. Tradesmen are limited to maintaining a business office and small convenience shop as part of their residential premises. "Tradesmen" are defined as a person or persons who hold themselves out to the public as offering a particular skill including, but not limited to, carpenters, masons, plumbers, electricians, roofers, and others involved in the building trades.
(c) Home Occupations/Professional Home Office Limited Permitted Use; Restrictions. Except as provided in Subsection (c) below, home occupations and professional home offices are a limited permitted use in all Residential Districts, provided the requirements of the District in which the use is located and the following are complied with:
(1) Location; Size. The occupation or profession shall be carried on wholly within the enclosed areas of the principal building or an attached garage, but it shall utilize no more than thirty percent (30%) of the gross floor area of the dwelling.
(2) Exterior Alterations. There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(3) Storage. No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation/profession shall be visible outside any structure located on the premises. There shall not be outside storage of any kind related to the home occupation/profession. The area in which products, materials and goods are kept shall be considered to be part of the thirty percent (30%) of the gross combined floor area permitted for a home occupation.
(4) Nuisances. No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district. A home occupation shall not be detrimental to the health, safety, welfare, peace and quiet or enjoyment of the surrounding property or neighborhood.
(5) Signage. Only one (1) sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed four (4) square feet.
(6) Commercial Vehicles. The home occupation shall not involve the use of commercial vehicles, other than those owned by the applicant for delivery of products or materials to and from the premises. This shall not be interpreted to include delivery and/or pickup services such as United Parcel Service, DHL, Federal Express, etc., in the conduct of their normal operations.
(7) Off-Site Delivery of Goods. To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.
(8) Traffic. No traffic shall be generated by such home occupation/profession in greater volumes than would normally be associated with a residential neighborhood use.
(9) Parking. There shall be no demand for parking beyond that which is normal to the neighborhood. In no case shall the home occupation cause more than two (2) additional vehicles to be parked on or near the premises.
(10) Types of Businesses. Home occupations are restricted to service-oriented, professional or clerical business or office uses; the manufacturing of items or products or the retail sale of items or products on the premises is prohibited.
(11) Equipment Limits. The types and number of equipment used on the premises may be restricted by the Village Board.
(12) Non-Resident Employees.
a. No more than one (1) non-resident employee may work on the premises. The home occupation is to be conducted only by members of the family residing in the dwelling unit, plus no more than one (1) nonresident assistant or employee employed on the premises at any one time.
b. Persons engaged in building trades, similar fields and other activities using their dwelling units or residential premises as an office for business activities carried on off the premises may have more employees than the limitations set forth herein if they are not employed on the premises. The home office location shall not be used as a place for employees/workers to regularly come to receive off- premises work assignments.
(13) Hours of Operation. Home occupations may only operate on the premises between 7:30 a.m. and 9:00 p.m.
(14) Retail Sales. Retail sales on premises shall be prohibited including the retail sales of merchandise, products, supplies or goods not produced or fabricated on the premises, provided that minor incidental retail sales may be made in connection with the permitted home occupation. (Example: a dressmaker would be permitted to sell only clothing produced or fabricated onsite and would not be allowed to purchase stocks of dresses for sale to the general public onsite.) The residence shall not be modified to accomodate retail sales activities (example: addition of a display window) and any retail activity shall be a minor use secondary to the primary occupation).
(15) Prohibited Home Occupations. Mechanical repair for hire (including automobile, boat, recreational vehicle, small engine and body shop repair/work), equipment rental businesses, and businesses that involve the storage of heavy equipment on the premises (such as excavating or landscaping businesses) are not permitted as home occupations.
(16) Inspections. Any party maintaining a permitted home occupation or professional home office business under this Section may be subject to a compliance inspection(s) by a Village Building Inspector, Zoning Administrator, law enforcement officer, or health official if there is a reason to suspect that violations or improper activity may exist.
(d) Permitted Home Occupations/Professions Described. Permitted home occupa- tions/professions consistent with Subsection (c) not requiring a conditional use permit include, but are not necessarily limited to, the following examples:
(1) Artists, sculptors, authors or composers.
(2) Home crafts such as model making, and rug weaving.
(3) Office facility of a minister, rabbi, or priest.
(4) Office facility of an attorney, architect, professional engineer, surveyor, author, interior decorator, photographer, income tax preparer, accountant, landscape architect, insurance agent or real estate agent, or similar profession which serves several clients onsite per day.
(5) Private tutoring limited to three (3) pupils at any one time.
(6) Musical instruction limited to three (3) pupils at a time; this requirement limiting class size shall not be construed to prohibit occasional exceptions for events such as recitals, demonstrations and other similar gatherings.
(7) Dressmaking and millinery work.
(8) Computer-oriented support services, such as consulting, clerical services, claims processing, internet-related businesses, etc.
(9) Day care of not more than eight (8) nonresident children.
(10) Office for sales representative or manufacturer's agent when no retail or wholesale goods transactions occur on the premises.
(11) Telemarketing and telephone answering service.
(e) Conditional Use Home Occupations/Professional Home Offices.
(1) Conditional Use Permit Requirement. A home occupation or professional home office exceeding the standards prescribed in Subsections (c) and (d) above for a limited permitted home occupation/professional home office use may apply for a standard conditional use permit under Article E of this Chapter. Village approval of an expansion of a home occupation or professional home office as a conditional use is not automatic.
(2) Application Procedures.
a. The Village Board, upon the recommendation of the Plan Commission, may approve home occupations or professional home offices in residential districts which do not meet the standards in Subsection (c) above as conditional uses.
b. The procedures for conditional use permits prescribed in this Article shall be followed, and the standards in Sections 13-1-86 and 13-1-88 shall be applicable.
c. The Village Board may place conditions on the continuation or expansion of such home occupations/professional home offices, or the Village Board may require the relocation of the business to an area that is appropriately zoned.
d. Conditional use permits issued for home occupations/professional home offices under this Subsection are valid for a term of three (3) years. Upon the expiration of such term, the conditional use permit must be reapplied for.
(3) Sale of Property. Sale, transfer of the property, expansion of the use beyond permitted levels, or other significant changes shall cause the conditional use permit for the home occupation/professional home office to be void. A new owner may apply for a new conditional use permit under the procedures of this Article.
(4) In-Home Day Care. In-home day care for children exceeding eight (8) non-resident children and community-based residential facilities (adult residential day care) exceeding more than eight (8) residents shall be required to obtain a conditional use permit under the requirements of this Subsection.
(f) Home Occupations/Professions Permitted With Conditional Use Permit. The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations/professions and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, home occupations are permitted only after issuance of a conditional use permit, and such occupations include, but are not necessarily limited to, the following:
(1) Barber shops, beauty salons or hair stylist.
(2) Antique shops.
(3) Stables and kennels.
(4) Medical offices, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors, acupuncturists, massage therapists, psychiatrists, psychologists, psychotherapists, or optometrists for the general practice of the profession, except for consultation or emergency treatment.
(5) Bakeries.
(6) Taxidermy shops.
(7) Uses that involves primarily catalog sales or order processing and which does not involve volumes of stock or merchandise being distributed at the site may be deemed a home occupation, subject to the provisions hereof, provided that such use meets the intent of all standards set forth herein.
(8) Cabinet-making or woodworking for profit (conducted inside a building only).