(A) Intent and purpose.
(1) Traditionally, in zoning, certain occupational uses termed “home occupations” have been allowed in residential dwelling units. Such uses have been allowed largely on the basis that such uses are incidental to the use of the premises as a residence, that the nature of home occupational uses is such that they are compatible with or even belong in the home, or that home occupational uses are of a highly professional nature involving the use of mental rather than physical capabilities and are therefore compatible with residential land uses.
(2) It is recognized, however, by this village, that certain limited home occupations can be useful to both the general public as well as the resident/proprietor. Also recognized is the difficulty of writing and ordinance dealing with home occupations in a “middle-of-the-road” fashion, which is neither discriminatory nor arbitrary. It is the hope that both the citizens and the courts will recognize these difficulties; that the former will not abuse the privileges granted within the following test and that the latter will aid in the enforcement of the sometimes arbitrary restrictions necessary to preserve residential character in an expedient manner.
(3) With the above in mind, it is the intent and purpose of this section to provide for certain types of restricted occupational uses within residential districts. Only such uses will be allowed:
(a) Any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit;
(b) Are compatible with residential uses;
(c) Are limited in size; and
(d) Do not detract from the residential character of the neighborhood.
(B) Home occupations, required conditions. A home occupation is any gainful occupation or profession engaged in by an occupant of a dwelling unit which meets the following conditions and/or requirements. These are in addition to all of the use limitations applicable in the district in which a home occupation is located, no business license shall be issued unless it complies with the following restrictions in all residential districts.
(1) Size/space requirements. A home occupation shall be incidental to the principal use (residential), where no more than 25% of the floor area of a one-story dwelling unit and no more than 20% of the floor area of any other residential dwelling unit may be used in connection with the home occupation or for the storage purposes associated with the home occupation. Floor area of a dwelling unit is defined as all heated and ventilated and thereby habitable rooms and areas within the dwelling unit, including basements and habitable attic space.
(2) Retail sales. On the premises, retail sales shall be prohibited except for the retail sales of products, goods or trade work produced or fabricated on the premises as a result of the home occupation.
(3) Employment. Only members of the immediate family permanently residing on the premises shall be an employee in the home occupation.
(4) Hours of operation. In no case shall any permitted home occupation be open to the public at times earlier than 8:00 am nor later than 8:00 pm.
(5) Patronage. No more than five persons may avail themselves of the services provided by the home occupation use at a given dwelling unit at any given moment in time.
(6) Storage outdoor. There shall be no exterior storage outside the principal building or accessory structure of equipment, product or the like in conjunction with the home occupation.
(7) Conduct and appearance. The home occupation shall be conducted entirely within the principal residential building. There shall be no advertising or identification sign acknowledging the presence of the home occupation.
(8) Manufacturing. There shall be no manufacturing or processing of any sort conducted within the confines of the dwelling unit. Minor assembly of products or goods may be permitted, if done solely within the dwelling unit.
(9) Wholesaling. No wholesale, jobbing, or retail business shall be permitted unless sales are conducted entirely by mail or telephone and the business does not involve the receipt, shipment, delivery, or storage of merchandise/materials/product on or from the premises.
(10) Alterations. There shall be no alterations to the principal residential building or accessory structures, which changes the character thereof, as a dwelling unit.
(11) Equipment. No mechanical or electrical equipment may be used except such types as are customary for purely domestic, household, or hobby purposes.
(12) Deliveries. There shall be no deliveries to or from a home occupation with a vehicle larger than a one (1) ton truck (i.e. Federal Express, United Parcel Service, Emery, and the like).
(13) Performance standards. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust, odors, or heat. A home occupation as provided by this section shall be completely contained within the principal building. Any noise, vibration, smoke, electrical interference, dust, odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation of the terms of the provisions herein. The judgment of the Zoning Administrator shall be considered decisive and final in this matter unless formally appealed to the Planning and Zoning Commission within 45 days of the Zoning Administrator's written determination.
(14) Multiple family dwelling units. Home occupations that attract customers, clients, or students to the premises for sales or service shall not be permitted in multiple family dwelling units.
(C) Additional conditions for personal property sales (garage sales):
(1) Permit required. Before any person holds or conducts a personal property sale, such as but not limited to, garage sales, basement sales, yard sales, porch sales, estate sales or auctions for the purpose of selling used household, clothing or any personal property items which are owned by the resident(s) on the premises, a personal property sale permit for a garage sale shall be obtained from the village.
(2) Terms of permit.
(a) Sales shall not last longer than three consecutive days.
(b) Not more than two sales shall be permitted on the premises during a calender year.
(c) No goods purchased for resale may be offered for sale.
(d) No consignment goods may be offered for sale.
(e) Sales shall be conducted on the owner's property. Multiple family sales are permitted provided they are held on the property of one of the participating families.
(3) Conditions of permit.
(a) The permits shall be valid only upon demonstrating to and finding by the village that proper safety and environmental precautions have been taken to ensure the safety of the general public.
(b) The permit shall be posted on the premises in a conspicuous place so as to be readily seen by the public and village enforcement personnel.
(c) Any police or enforcement officer of the village shall have the right of entry to any premises showing evidence of personal property sale for the purpose of enforcement or inspection. Said enforcement official may close sale operations upon determination that a violation of this chapter exists and may arrest any person who violates any provision of this chapter.
(4) Application. Application for a Garage Sale permit shall be made at the office of the Zoning Administrator on forms furnished by the Zoning Administrator.
(5) Application fee. The application fee for a garage sale permit shall be established by the Village Board of Trustees and shall be posted in the office of the Village Clerk and may be altered and amended from time to time by the Mayor and Village Board.
(6) Penalty. Any person, firm, or corporation that violates any of the provisions of this section shall be subject to the penalty provisions of this chapter.
(D) Permits/fees/inspections:
(1) A business license establishing the home occupation may be issued by the Zoning Administrator, provided that all of the above criteria have been met by the applicant.
(2) A business license granted by this section shall be temporary in nature and shall be granted to a designated person who resides at a particular residential address. They are not transferable from person to person nor from address to address.
(3) Applications for a home occupation business license shall be filed with the Zoning Administrator, together with a one time filing fee according to the current "Fee Schedule" herein. The application shall then be reviewed to insure compliance with this section and the residential district in which the home occupation is located.
(4) There may be one annual inspection each year directed by the Zoning Administrator covered by the license. In addition, the Zoning Administrator or his or her designee, shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by said license for safety and compliance purposes.
(5) The annual fee for continuing a license issued under this section shall be according to the current "Fee Schedule" herein, and shall be payable on May lst of each year.
(6) Licenses shall expire April 30 of each year, and once granted may be renewed without making another application, subject to the provisions of this section, by completing the renewal form described by the Zoning Administrator and paying the annual license fee. Failure to timely apply for renewal, and/or failure to pay for the business license, shall be grounds for revocation of the business license.
(E) General provisions.
(1) Should a license holder die or move to a new location, the existing license shall automatically terminate, except that, in the case of death, should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the Zoning Administrator, and that person may be authorized continuation of that license.
(2) Business licenses, once granted, may be revoked by the village for cause after a public hearing before the Village Board. Complaints seeking the revocation of such license shall be filed with the Zoning Administrator and may be initiated by the Planning and Zoning Commission or three residents of the block (both sides where the home occupation is being conducted). All such revocation hearings shall be conducted in accordance with § 159.176. Publication and notification requirements shall be done in accordance with Ordinance Chapter 113.
(3) All businesses being conducted on properties zoned in a residential district on the effective date of this section shall have 90 days thereafter to apply for the necessary license.
(4) Persons who were conducting a business from properties zoned in a residential district on the effective date of this section must make application according to the procedures herein, however, they may continue to conduct such business pending final determination from the Zoning Administrator of their application. Should the application be denied for a license, all such persons shall have the opportunity for an appeal with the Planning and Zoning Commission as outlined by this chapter.
(F) Customary/permitted home occupations. Customary “home occupations” include, but are not limited to, the following list of occupations, provided, however, that each listed occupation shall be subject to the requirements of division (B) in this section:
(1) Art restoration, Art studio;
(2) Artists, authors, composers, painters, and sculptures;
(3) Baby sitting, including family day care home as defined by § 159.003;
(4) Beauty parlors and barber shops, single chair;
(5) Clergy, minister, priest for consultation purposes only or for the performance of religious rites;
(6) Consulting services* (i.e Architectural, Attorney, Engineering, Financial Planning/Investment Services, Interior Designer, Writing/Computer programming);
(7) Contracting, except as specifically prohibited;
(8) Data processing, telecommunications, high speed data transmissions or the like completed through the use of telephones, facsimiles, modems or other forms of telecommunications peripherals;
(9) Dentist may use his residence for consultation purposes only with general and/or limited treatments;
(10) Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, Herbalife);
(11) Drafting and graphic services*;
(12) Dressmaking, seamstress, sewing, tailoring, contract sewing (one machine);
(13) Electronic designing;
(14) Flower arranging, Gardening, Landscape maintenance (without outdoor storage of materials and/or equipment);
(15) Home crafts such as model-making, rug-weaving, lapidary work, however, no machinery or equipment shall be used or employed other than what is customary to the home. Off-site sales;
(16) Home cooking and preserving;
(17) Home day care/baby sitting for less than five non-related children, as defined by this chapter;
(18) House cleaning services;
(19) Insurance sales or broker;
(20) Jewelry making; jeweler; watch repairs;
(21) Laundry, ironing services;
(22) Locksmith;
(23) Mail order, not including retail sales from the home;
(24) Music teachers, but regular instruction shall be limited to one pupil at a time, except for occasional groups;
(25) Photo developing, non-retail, no drop off service, delivery only;
(26) Real estate sales or broker;
(27) Sales representative, office only;
(28) Secretarial services;
(29) Security service, security systems, auto security systems, no installations at home;
(30) Swimming pool cleaning;
(31) Telephone answering, switchboard, call forwarding;
(32) Tutoring shall be limited: one to four students at a time;
(33) Typing, word-processing service;
(34) Wall papering;
(35) Woodworking, excluding cabinet making;
(36) Writing, computer programming.
* Not for the general assembly of groups of more than six and not for the installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession.
(G) Prohibited home occupations. The following are “prohibited” home occupations in any residential districts, unless specifically permitted by the district regulations.
(1) Ambulance services;
(2) Animal kennels or hospitals;
(3) Appliance repair;
(4) Automobile repair; parts sales, upholstery, or detailing; washing service (including businesses working at customers homes);
(5) Barber shops and beauty shops above one chair;
(6) Boarding house, hotel, time share condominium;
(7) Carpentry work, cabinet makers;
(8) Catering;
(9) Ceramics, (kiln of six cubic feet or more);
(10) Churches, religious instruction;
(11) Contracting that involves masonry, plumbing or painting;
(12) Dancing schools;
(13) Dog breeders or dog re-sellers.
(14) Funeral homes or chapels;
(15) Gift shops;
(16) Gun smith/shop including sales and service;
(17) Health salons, gyms, aerobic exercise studios;
(18) Helium balloon sales;
(19) House painter;
(20) Limousine or pedicabs service;
(21) Major automobile repair (see definition § 159.003);
(22) Massage parlors;
(23) Medical or dental clinics/ offices or hospitals;
(24) Mortician, hearse service;
(25) Nursery schools and home day care centers (see definitions § 159.003);
(26) Painting of vehicles, trailers and/or boats;
(27) Private clubs;
(28) Private schools with organized classes;
(29) Restaurants, home dinettes, taverns and food preparation;
(30) Retail sales from the site (except direct distribution);
(31) Rental businesses;
(32) Skin care products (manufacturing of same);
(33) Small engine repair;
(34) Stables or animal care (veterinarian);
(35) Television repair;
(36) Lodging houses;
(37) Tow truck services;
(38) Trailer rentals or sales;
(39) Upholstery;
(40) Veterinary uses (including care, grooming, or boarding);
(41) Welding and machine shops.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 07-0599, passed 12-19-07)