(A) Single family residences permitted. No person shall construct, occupy or use any land, lot, premises, building or structure in the village for any purpose or use other than as a single family dwelling, as an accessory use to a single family dwelling, or as a permitted home occupation, as such terms are defined in this section, and otherwise subject to the other provisions of this chapter. No more than 1 single family dwelling, or part thereof, shall be located on any lot within the village. No single family dwelling house shall hereafter be erected unless it shall have a minimum net floor area for living quarters of 1700 square feet above ground, exclusive of garage, porches or breezeways. No single family dwelling house shall hereafter be erected which shall contain less than 4 rooms including a bathroom, and no sleeping room thereof shall contain less than 125 square feet. It is the purpose of this section to prevent the construction of dwellings containing cramped living conditions.
No single family dwelling shall be occupied by more than 1 family or household. No land, lot, premises, building or structure in the village shall be constructed, occupied or used for any trade, industry or other commercial use other than a home occupation. As used in this section:
(2) FAMILY means 1 or more persons occupying a single dwelling unit, provided that unless all members are related to 1 or more other occupants by blood, adoption, foster or custodial status, or marriage, no such family shall contain over 5 persons; and
(3) SINGLE FAMILY DWELLING means a detached residential dwelling unit other than a mobile home designed for and occupied by 1 family or household only.
(B) Certain accessory uses permitted. ACCESSORY USE means a use of any land, lot, premises, building or structure that is subordinate to the principal use of any land, lot, premises, building or structure as a single family residence, and that serves a purpose customarily incidental to the principal use, which principal use is located on the same lot, or on an adjacent lot that is under common ownership with the lot, on which the accessory use occurs.
(C) Existing nonconforming uses; continuation. The lawful, nonconforming use of any land, lot, premises, building or structure existing at the time of the adoption of this section may be continued, although such use, building, structure or land does not conform with the provisions of this title; except that, unless required by law, no existing building, structure or land devoted to a use not permitted by this title or used in a manner not conforming to the other provisions of this title, shall be enlarged, extended, expanded, subdivided, changed or structurally altered, unless the use thereof is changed to a use permitted by this title and conforming to all the other provisions hereof.
(D) Permitted home occupations. HOME OCCUPATION means an occupation, profession, activity, or use that is clearly an incidental, secondary or customary use of a residential dwelling unit, which does not alter the exterior character or appearance of the dwelling or any other building or structure on the lot, which is carried on solely within the principal dwelling unit, and with respect to which the owner or occupant of the lot has delivered written notice thereof to the Mayor or his or her designee as set forth herein. No person shall construct, occupy or use any land, lot, premises, building or structure in the village for a home occupation except in conformity with the provisions of this section.
(1) No person other than members of the family residing on the premises shall be engaged in such home occupation, except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, 1 person not residing in such dwelling unit may be so employed;
(2) Not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
(3) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;
(4) No home occupation shall be conducted in any yard or accessory building, and no storage of equipment or materials used in a home occupation shall be outside the principal residence;
(5) No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood, and no more than 1 vehicle shall be used in connection with a home occupation;
(6) No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and
(7) Any person who conducts an occupation, profession, activity, or use of property in the village in reliance on the provisions of this section that permit the conduct of home occupations, shall notify the Mayor or his or her designee in writing that such activity has or will occur, such notice to be delivered not later than 7 days after the first date on which such occupation, profession, activity or use of property first occurs, and shall describe the nature of the activity, the persons conducting such activity and the times during which such activity may be conducted.
(Ord. 228, passed 6-12-1964; Am. Ord. 01-2009, passed 4-20-2009; Am. Ord. 03-2014, passed 8-18-2014) Penalty, see § 151.999