The intent of this section is to provide peace, quiet, and domestic tranquility within all residential neighborhoods within the city, and to alleviate or limit excessive noise, excessive traffic, nuisance, fire hazard, and other anticipated adverse effects of commercial uses being conducted in residential areas. The intent is not to require permits of those persons under the age of eighteen who are engaged in miscellaneous part-time seasonal work such as lawn mowing or snow shoveling.
(A) When permitted. Notwithstanding other sections of this Section a home occupation may be conducted in zones R-1, R-2, R-3 and M-H, provided that it shall be unlawful to conduct such home occupation without the prior issuance of a home occupation permit or home occupation conditional use permit, except for the following:
(1) A public auction provided that such auction is held no more than one time each calendar year and takes place for no more than two consecutive days;
(2) Garage sales, subject to the conditions set forth below; and
(3) Minor’s miscellaneous seasonal work.
(4) Garage sales. It shall be unlawful to conduct a garage sale unless such sale is in compliance with the following requirements:
(a) Sales shall last no longer than three consecutive days.
(b) Sales are held no more than twice yearly at any one location.
(c) Sales are conducted on a person’s then owned or rented dwelling property provided that multi-family sales are permitted if they are held on property then owned or rented for dwelling purposes by one of the participants.
(d) No goods purchased for resale may be offered for sale.
(e) No consignment goods may be offered for sale.
(f) All directional advertising signs shall be freestanding and shall be removed after completion of the sale.
(g) No directional or advertising signs shall be larger than two feet by three feet.
(B) Issuance of home occupation permits.
(1) A home occupation permit shall be issued by the Zoning Administrator, upon application to the office of the official and payment of a sum equal to the annual permit fee, without a hearing, provided that the home occupation is owned solely by the applicant, and conforms to all of the applicable requirements of this section, and is one or more of the following occupations:
(a) Dressmaking, sewing, and tailoring.
(b) Artistic painting, sculpturing, art restoration, art studio or writing.
(c) Telephone answering or telephone soliciting if no part of the business equipment is installed outside of the residence other than the telephone cables or wires.
(d) Home crafts, such as model making, rug weaving, and lapidary work.
(e) Tutoring, limited to one student at a time.
(f) Home cooking or preserving if conducted solely within the residence.
(g) Computer programming if no part of the business equipment is installed outside of the residence other than telephone cables or wires.
(h) Secretarial service, accounting service, typing service, word processing service if no part of the business equipment is installed outside of the residence other than telephone cables or wires.
(i) Babysitting and child daycare.
(j) Direct sale product distribution.
(k) Laundry, ironing service, housecleaning.
(l) Mail orders, not including retail sales from the site.
(m) Stock and bond broker, financial planner, and estate planner.
(n) Builder’s or contractor’s office so long as no part of the business is carried on outside of the residence.
(o) Short-term lodging that is booked through an online marketplace or homestay network.
(2) Any appeal of a denial of such application shall be to the Planning Commission. The Planning Commission shall hold a public hearing prior to issuing its recommendation to the City Council. After receiving the recommendation of the Planning Commission, the City Council shall determine by a majority vote whether to grant or deny the permit.
(C) Standards. All home occupations, whether authorized by permit or conditional use permit, shall conform to the following standards:
(1) Home occupations shall not be conducted in any dwelling on the premises other than the building that is used by the occupant as the private dwelling.
(2) No interior or exterior business sign shall be larger than two square feet in area. The sign shall be unlighted and installed only on the dwelling building itself.
(3) There shall be no exterior or outbuilding storage of business equipment, materials, merchandise or inventory. No equipment materials, merchandise or inventory may be stored in the yard of the residence.
(4) Any occupation that requires licensing, registration or permits, by state or federal statute or requirements, or by city ordinance or requirements must be at the time of the application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such license or permits.
(5) There shall be a specific area set aside for the home occupation that shall not exceed twenty-five percent of the total living area of such residence.
(6) Home occupations shall not utilize more than a total of two persons either as an employee, an independent contractor, a volunteer, or in any other capacity to render service in the performance of such occupation, and both of such persons shall reside in the residence wherein the home occupation is conducted.
(7) Off-street parking requirements of the Code of Ordinances of the City of Troy, Illinois, shall be complied with.
(8) Home occupations shall not be capable of creating either a nuisance or a fire hazard with respect to neighboring property, and shall not substantially increase the vehicular traffic.
(9) A home occupation conditional use permit may be issued subject to the conditions, the violation of which shall be grounds for revocation of such permit.
(10) Home occupations shall not initiate or receive deliveries of occupation related items, supplies, materials or inventory between the hours of 6:00 p.m. and 9:00 a.m.
(D) Inspections. Upon reasonable suspicion that the permittee is in non-compliance with the standards set forth in this chapter or that the permittee may be engaged in an occupation that may be harmful to the health, safety or welfare of the public, the Building and Zoning Department shall have the right at any time, upon reasonable request, to enter and inspect only the premises covered by the permit (e.g. only the business area) for safety and compliance purposes.
(E) Nontransferability of permits. Home occupation and home occupation conditional use permits are not transferable from person to person or from one building to any other building, except as set forth in this section in the case of death of the permittee.
(F) General provisions.
(1) Nonconforming uses. All nonconforming uses or home occupations that existed and continue to exist from the date of the original zoning ordinance may continue to exist unless revoked or terminated as provided in this section. All existing uses or home occupations that are operating based on a special use permit issued prior to the effective date of this chapter may continue to operate subject to the provisions of the original permit. Those previously issued special uses permits subject to periodic renewal by the Planning Commission, or the city may be reviewed and requirements of this section may be applied at time of review.
(2) Death of permit holder. Should a home occupation permit holder or home occupation conditional use permit holder die, the existing permit shall be automatically terminated, except that 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 within thirty days of the permittee’s death, and the surviving spouse or child shall become the permittee and shall be subject to the requirements of this section.
(3) Revocation of conditional use permits. Home occupation conditional use permits, once granted, may be revoked by the City Council for cause after a hearing before the Planning Commission. Complaints seeking the revocation of such permit shall be filed with the Zoning Administrator and may be initiated by either the Planning Commission, or any three persons who reside at three different locations within one city block of where such occupation is conducted. All such revocation hearings shall be conducted in accordance with applicable publication and notice requirements as used for home occupation conditional use permit application hearings.
(4) Revocation of home occupation permits. The Zoning Administrator may revoke any home occupation permit for noncompliance with the criteria set forth is this section and appeal of such revocation shall be allowed as set forth in division (F)(3) of this section.
(5) Modification of requirements. Modifications of the above regulations may be approved by the City Council in individual cases of applications for home occupation conditional use permits if the modification is found by the City Council to be in the best interests of the city.
(6) Time limits in applying for permit. All home occupations being conducted in violation of this section shall, within 60 days after the adoption of the ordinance from which this section derives, apply for the necessary permit or conditional use permit as the case may be, and enforcement of this section shall be stayed for such 60 days and, if application is made, until granting or denial of such application.
(7) Penalty. Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this section, shall, upon conviction, be subject to penalty provisions as set forth in the Zoning Code. In addition, the City Council may revoke the home occupation conditional use permit or the home occupation permit.
(G) Applications.
(1) The initial fee for a home occupation permit shall be $50, and the annual renewal fee for such permit shall be $10 and shall be payable no later than January 31 of the year for which the permit is renewed.
(2) The initial fee for the home occupation conditional use permit shall be $300 and shall be paid with the application for such permit which shall be filed with the City Clerk. The first annual renewal fee for a home occupation conditional use permit shall be $200 and the second and each annual renewal fee thereafter for a home occupation conditional use permit shall be $100, and all such renewal fees shall be paid by January 31 of the year for which the permit is renewed.
(3) No reduction in annual permit fees shall be allowed for permits issued after January 1 of any year, nor will any refunds be made if permittee ceases the home occupation or when a permit is revoked or denied.
(4) All permits shall expire on December 31 of each year and may be renewed without additional hearings, subject to the requirements of this section. Applicants for renewal shall complete the renewal form prescribed by the City Clerk and pay the annual permit fee.
(5) The application for a home occupation conditional use permit shall be forwarded to the Planning Commission for public hearing. Legal notice of such hearings to be given shall be as required for petition, rezonings, variances and other conditional uses. At the conclusion of such hearing the Planning Commission shall make the recommendation to the City Council and the City Council shall be the sole authority to grant or deny such permit.
(H) Summary disposition.
(1) Notwithstanding other subsections of this section, an application for a home occupation conditional use permit or the appeal of the denial of a home occupation permit by the Zoning Administrator which on its face requests such permit for a home occupation to be conducted in a manner other than as permitted by the section may be summarily denied by the City Council without publication of notice or hearing, and written notice of such denial stating the specific reason therefore shall be given the applicant, such notice to be given by mailing it to applicant at the address shown on the application by prepaid certified return receipt requested United States mail within ten days of the date of such denial.
(2) An applicant who desires to appeal such summary denial may appeal to the City Council by filing a written request therefore with the City Clerk within 14 days of the date of receipt of the summary denial.
(Ord. passed - - ; Ord. 2017-02, passed 2-21-2017) Penalty, see § 154.999