It is the intent and purpose of this section to allow for those limited uses of a dwelling unit so located or conducted so that neighboring properties, under normal circumstances, would not be aware of its existence. The standards as contained in this section are measured against each proposed home occupation in order to provide peace, quiet, and domestic tranquility within all residential neighborhoods within the village, and to guarantee freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas. No home occupation shall unreasonably interfere with the use and enjoyment of neighboring residential properties or dwelling units. Except where indicated in this section, no visible evidence of the home occupation shall be apparent from the street or surrounding area. Nothing contained herein shall prohibit occupants of a residential unit from enjoying or partaking in hobbies or other activities not for gain. A home occupation is not deemed a substitute for activities customarily conducted in commercial districts within the village. This section seeks to balance the need for certain residents to use their primary place of residence for limited nonresidential activities while protecting the neighborhood's residential character and the quality of life for the residential district's inhabitants.
A. Definition: A "home occupation" is a business, profession, occupation or trade, which is conducted as an economic enterprise by a full time occupant or occupants of a dwelling unit. The home occupation is incidental and secondary to the primary use of such residential unit for dwelling purposes and shall not change or alter the essential residential character of such dwelling unit or of the neighborhood where the dwelling unit resides.
B. Permitted Accessory Use: A home occupation complying with all requirements and standards of this section and with all other village and state ordinances, laws and regulations is hereby permitted in the village of South Barrington residential zoning districts.
C. Appeals: Any person aggrieved by any decision of the zoning enforcement officer involving the interpretation of this ordinance may appeal, as provided by statute, to the village board of appeals as provided in section 11-2, entitled "Appeals", of this zoning code.
D. Penalty: Any person or entity who violates the terms of this section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). A separate offense shall be deemed committed on each day a violation occurs or continues.
E. Home Occupation Standards: Permitted home occupations shall comply with all of the standards contained herein:
1. No more than one employee not residing at the residence containing the home occupation shall be employed in connection with the home occupation.
2. No structural or aesthetic alteration of any kind shall be made to the residence that would change the residential character of the property.
3. The home occupation shall reside within and be conducted integrally with the residential principal use. No separate entrance shall be provided solely in connection with the conduct of any home occupation and no structural alterations shall be made which physically separates the dwelling unit from the area in which the home occupation is conducted.
4. Not more than ten percent (10%) of the habitable area of a dwelling unit shall be devoted to the home occupation.
5. The home occupation shall be conducted entirely within the principal residential building. However, reasonably limited storage of equipment, materials, and samples associated with the home occupation shall be permitted in a private residential garage accessory thereto. The home occupation shall not displace residential vehicle parking from the garage.
6. There shall be no outside storage permitted of equipment or materials used in the home occupation on the premises.
7. Except where otherwise indicated in this section, there shall be no display of items or activities that will indicate from the exterior of a dwelling unit that it is being used in part as a home occupation. No signage advertising the home occupation will be permitted at the residence.
8. No refuse in excess of the amount allowable for regular residential pick up shall be generated by any home occupation.
9. Only articles produced by the members engaged in the home occupation shall be displayed within the dwelling unit. Direct sales and/or rentals of products off display shelves or racks is prohibited. However, a person may pick up an order previously made by telephone or other business means.
10. No visitors in conjunction with the home occupation (e.g., clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. on Monday through Saturday. No visitors shall be permitted on Sunday. Additionally, no more than three (3) clients per hour may avail themselves of a service provided by a home occupation, nor shall more than six (6) clients avail themselves during a twenty four (24) hour period, nor shall more than twelve (12) clients avail themselves to a service in any one week period. These numbers include one nonresident employee who is employed in conjunction with the home occupation.
11. There shall be no delivery of bulk material other than by mail, local courier, or intercity courier pertaining to the home occupation. No commercial vehicle shall be used in connection with the home occupancy for delivery of goods or transportation of people to or from the premises, nor parked or standing upon the property. Traffic circulation shall not be restricted or disturbed as a result of a delivery of clients or materials to a home occupation. Deliveries shall be limited to nine o'clock (9:00) A.M. through five o'clock (5:00) P.M. on Monday through Saturday.
12. No parking shall occur in the public right of way as a result of the home occupation above that which is customarily associated with a residential use. Parking shall not occur in a manner or frequency causing disturbance to the normal traffic flow for the residential neighborhood.
13. No home occupation shall involve construction features or the use of electrical or mechanical equipment that would change the level of fire hazard of the structure. No mechanical or electrical equipment may be used, except for such types that are customarily used for purely domestic, household, hobby or recreational purposes.
14. No home occupation and/or equipment used in conjunction with the home occupation shall cause the discharge of any odors, fluids, gases, particulate or solid waste material into the air or water or onto the land or any septic system or storm drain, swale or sewer other than those normally occurring in residential use, nor shall there be used or stored any pollutant, toxic chemical, poison, accelerant or any other chemical not normally used in a residence. The home occupation shall not generate any noise, vibrations, odor, heat, glare, or electrical or media interference beyond the boundaries of the structure.
15. In addition to the foregoing standards, no home occupation shall cause or create any nuisance, or cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety or welfare. A home occupation shall also meet all applicable local, state and/or federal regulations. (Ord. 2004-723, 7-8-2004)