The following provisions apply in all Residential Districts:
(A) Home occupations.
(1) Home occupations must be managed and owned by a person residing in the dwelling unit.
(2) Home occupations shall be conducted entirely within enclosed structures and there shall be no exterior storage of equipment or materials used.
(3) There shall be no visible evidence of the conduct of such occupation in the outside appearance of the premise, and said home occupation shall not create noise, fumes, odor, dust, electrical interference, or pedestrian or vehicular traffic that is more than normal for the area in which it is located.
(4) The home occupation must be conducted so that it does not create parking or traffic congestion or otherwise unreasonable interfere with the peace and enjoyment of surrounding homes as places of residence.
(5) No more than one customer/client may be on site at any given time and said home occupation may not employ anyone who is not a member of the immediate family living on the premise.
(6) The home occupation must be operated in accordance with all applicable laws, and if any state, federal or local permit or license is required, such permit or license shall be obtained prior to said business operating.
(7) Home occupation may include, among others, the following uses provided they conform to all other requirements in this chapter:
(a) Art or crafts studio;
(b) Dressmaking;
(c) Teaching or tutoring, limited to one pupil at a time except for occasional groups;
(d) Authors or composers;
(e) Offices limited to administrative and clerical support; and
(f) Home day for more than three children but not to exceed eight children, under the age of 12 years. The total number of children shall include the family’s biological and/or adopted children under the age of 12 years.
(8) Home occupations shall not include:
(a) Any wholesale or retail business function with or without the use of commercial vehicles for delivery of materials to or from the premise;
(b) Any assembly, manufacturing, processing, fabricating, and storage operation;
(c) Any repair or service establishment;
(d) A stable or kennel;
(e) A restaurant or bakery;
(f) A clinic or hospital;
(g) A mortuary;
(h) A private club;
(i) The renting of trailers;
(j) A tourist home or bed and breakfast establishment; and
(k) Barber or beauty shop.
(9) All home occupations must be registered annually with the village and are subject to administrative review and approval, pursuant to the terms in this chapter. Any home occupation that does not meet the above mentioned requirements, or is not specifically listed above, shall not be allowed unless a conditional use permit is granted by the Village Board, pursuant to § 22.235 through 22.242 of this chapter.
(B) Standards for non-residential uses.
(1) Yard requirements for non- residential permitted and conditional uses shall be the same as required for single-family detached dwellings in the same zoning district. Where a building height is over 35 feet, however, each required yard shall be increased by two feet for each additional foot of building height over 35 feet.
(2) The lot width and area requirements for each non-residential permitted use except permitted public uses and temporary uses shall be the same as are required per dwelling unit in the same district. For non-residential conditional uses, such requirements shall be as determined by the President and Board of Trustees. For both non- residential permitted and conditional uses, the bulk standards as provided within the underlying district shall apply and off-street parking and loading, landscaping requirements, and sign regulations shall be as provided within the applicable sections of the zoning ordinance.
(C) Residential lots abutting arterial streets. In subdivisions created after the date of effect of this chapter, residential lots accommodating fewer than four dwelling units and abutting an arterial street shall not have direct access onto the arterial. Such lots shall front upon and have access only to existing or new collector or local streets, and not to an arterial, except where the Planning and Zoning Commission determines this to be impractical. Arterial streets shall include; US Highway 12/Illinois Route 59, Illinois Route 120, Darrell Road, Chapel Hill Road, Sullivan Lake Road, Four Seasons Boulevard, and Lincoln Road.
(D) Vacation rentals.
(1) Conditional use required for vacation rental. A conditional use permit is required to operate a vacation rental, as defined in § 22.011. No conditional use permit for a vacation rental shall be issued unless authorized by the Board of Trustees following a public hearing, consistent with the requirements of the village’s zoning code. The use of any building as a vacation rental without an applicable conditional use permit is prohibited.
(2) Additional filing requirements. An application for a conditional use permit for a vacation rental shall be accompanied by the following information:
(a) A certificate of insurance, as required under division (D)(5) of this § 22.065;
(b) A statement as to whether the applicant or any other person with an ownership interest in the property on which the vacation rental is proposed to be located, including co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, has ever been convicted in any jurisdiction of a felony;
(c) Proof that the applicant is a legal or beneficial owner of the property on which the vacation rental is located, along with the names, addresses, ownership interest and current contact information for each of the applicants, co-owners, partners, members, managers, and officers of the owner of the property, if any.
(d) If the proposed vacation rental property is subject to regulations or restrictions by a homeowners’ association or condominium association, the applicant must provide documentary evidence that the applicable association or board has approved the use of the property as a vacation rental.
(3) Departmental duties; requirements and standards.
(a) The village’s Building Department and the local fire protection district (the “fire protection district”) shall inspect each vacation rental before the renting out of any vacation rental for compliance with all applicable state, county, and village accessibility, building, life safety, and property maintenance code requirements. Thereafter, the Village Building Department and the fire protection district shall inspect the vacation rental at least once every two years. Vacation rentals shall be subject to compliance inspections by officers of the village’s Police Department and staff members of Building Department as well as the Fire Protection District, at any time upon reasonable notice.
(b) No owner of a vacation rental shall:
1. Rent any vacation rental to anyone under the age of 21;
2. Rent any vacation rental for any period of time shorter than 24 consecutive hours;
3. Rent any vacation rental more than once within any consecutive 24-hour period, measured from the commencement of one rental to the commencement of the next;
4. Rent the property as a vacation rental for more than 90 days in a 12-month period;
5. Advertise an hourly rate or any other rate for a vacation rental based on a rental period of fewer than 24 consecutive hours;
6. Serve or otherwise provide to any guest any food or beverage other than food or beverages that are pre-packaged and sealed by the manufacturer for individual serving;
7. Cause or permit, by action or failure to act, the vacation rental or its use to suffer from and/or create any violation of the zoning code.
(c) Every vacation rental shall post, in a conspicuous place within the vacation rental, the name and telephone number of the owner or his or her manager, notice that the vacation rental shall have quiet hours from 10:00 p.m. to 8:00 a.m., an emergency exit floor plan, and the location of fire and safety equipment.
(d) Every vacation rental owner or its manager must be located within a 30-mile radius of the vacation rental and must be available to respond to complaints at all times during the rental period. The name and phone number of the owner or the manager must be submitted to the Village Police Department as well as the fire protection district.
(e) The kitchen of each vacation rental shall be cleaned and sanitized between guests and all opened or perishable food and beverages shall be discarded. All dishes, utensils, pots, pans and other cooking utensils shall be cleaned and sanitized between rental periods of guests.
(f) The owner or manager of each vacation rental shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any guest room to any new guest. The owner or manager shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
(g) Any overnight parking for vacation rentals must be accommodated on the site or in another approved location, and parking, including overnight parking, shall be in conformance with zoning code requirements.
(h) The owner or manager of the vacation rental shall compile a list of guests and their associated vehicle license plate numbers upon check-in, and shall make such information available to the village’s Police Department prior to the start of the rental term.
(4) Prohibitions. No conditional use permit for a vacation rental shall be issued to:
(a) Any applicant, if such applicant or any other person with an ownership interest in the property on which the vacation rental is located, including co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, has ever been convicted in any jurisdiction of a felony that is rationally related to the individual’s fitness or capacity to operate a vacation rental;
(b) Any applicant whose conditional use permit to operate a vacation rental or similar establishment at any location within or outside the village has been revoked for cause within the last three years;
(c) Any applicant where the applicant or any other person with an ownership interest in the property on which the vacation rental is located, including co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation, is in default to the village or other public agencies regarding payment of water and sewer charges, special taxes or assessments, parking and other village violation citations or judgments, motor vehicle tax or any other taxes or fees that are due and unpaid by that person to the village, or where there were delinquent property taxes owed to the county on the property on which the vacation rental is located, or any other property owned within the village by the applicant or co-owners, partners, members, managers, or officers of any owning partnership, limited liability company or corporation.
(5) Legal duties. Each owner who receives a conditional use permit for a vacation rental shall be required to:
(a) Provide the village with an insurance certificate, indicating that the applicant and subject property are covered by liability insurance with limits of not less than $1,000,000 per occurrence, for bodily injury and property damage arising in any way from the issuance of the conditional use permit. Each policy of insurance required under this division shall:
1. Be issued by an insurer authorized to insure in the State of Illinois;
2. Include a provision requiring 30 days’ advance notice to the village prior to the cancellation or lapse of the policy. The owner shall maintain the insurance required under this division in full force and effect for the duration of the conditional use for each vacation rental location. A single violation of this division shall result in suspension or revocation of the conditional use permit;
(b) Maintain current guest registration records that contain the following information about each guest: the guest’s name, address, signature, room assignment and dates of accommodation. The registration records shall be kept on file for three years and, upon request by any authorized village official, shall be made available for inspection by the village official during regular business hours in case of an emergency;
(c) Comply with all applicable accessibility, building, fire, life safety, property maintenance, and other applicable code requirements set forth by the state, county, village and other applicable public agencies, including but not limited to the State Fire Marshal’s requirements for one- and two-family dwellings;
(d) Conspicuously display within the vacation rental the name and telephone number of the owner, manager, notice of the required quiet hours of 10:00 p.m. to 8:00 a.m., an emergency exit floor plan, and location of fire and safety equipment;
(e) Fulfill all requirements of the Illinois Department of Revenue for operation of a vacation rental, including the payment of any applicable hotel taxes as set forth in § 33.04 of this municipal code.
(6) Prohibited acts. It shall be unlawful for the owner of any vacation rental to:
(a) Exceed the scope of the conditional use permit;
(b) Allow occupancy of the property where the vacation rental or any part thereof is situated to exceed the following occupancy limits:
1. For a room to be considered habitable space for sleeping purposes, it must be a minimum of 70 square feet. A 70 square foot room may sleep one person. Each sleeping room occupied by more than one person shall contain not less than 50 square feet of floor area for each occupant;
2. Kitchens, bathroom, hallways, and closets are not considered habitable rooms for sleeping purposes, thus the square footage represented by these rooms shall not be used;
3. Authorized persons on a vacation rental property while a vacation rental is taking place are a maximum of two guests per room, and their children age 12 and under, plus the owner, co-owners, manager, and the owner’s family members. No other persons are allowed on the vacation rental property while a vacation rental is taking place, and the total number of persons at the vacation rental property may not exceed ten at any one time;
(c) Rent any vacation rental for more than 30 consecutive days, or fewer than two consecutive days, to any guest;
(d) Rent any portions of the vacation rental concurrently to separately booked guests;
(e) Allow any outdoor activity on the property of the vacation rental between 10:00 p.m. to 8:00 a.m;
(f) Hold out or utilize a vacation rental property as a venue for weddings, conferences, parties, or other events, regardless of the number of attendees;
(g) Erect any external signage regarding the vacation rental;
(h) Permit any criminal activity or public nuisance, including excessive noise, to take place on the property. If an owner or manager knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the property, the owner and/or manager shall immediately notify the village’s Police Department of such fact and cooperate with the Village Police Department in any investigation that may ensue;
(i) Knowingly make any false or incomplete or misleading statement about the owner’s criminal background, or the criminal background of any other person with an ownership interest, in connection with any conditional use permit application submitted pursuant to this division;
(j) Be in violation of any other requirement of this division, the zoning code, any village ordinance or any rules or regulations promulgated under any of the foregoing.
(7) Penalty. Any one violation of division (D) of § 22.065, or any rules or regulations promulgated under this division, may result in fines, suspension or revocation. A violation of this division is subject to a fine of not less than $750, nor more than $1,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. In addition to any other penalty, suspension or revocation provided for by this division or by law, three or more violations of this division, any village ordinance or this zoning code, or any rules or regulations promulgated under any of the forgoing, by the owner, manager or related to the vacation rental property, on three different days within any 12-month period, shall result in a mandatory suspension of the conditional use permit.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019; Ord. 20-O-21, passed 11-17-2020)