CHAPTER 1133
Home Occupations
1133.01   Purpose.
1133.02   General standards.
1133.03   Home occupation approval process.
1133.04   Expiration of the home occupation approval.
1133.05   Appeals from the Board of Zoning Appeals.
CROSS REFERENCES
         Defined - see P. & Z. 1105.02(69)
         Appeals - see P. & Z. Ch. 1159
   1133.01 PURPOSE.
   The purpose of this section is to permit commercial uses in residentially zoned areas provided that the uses are compatible with the residential character of the neighborhood.
(Ord. 13-87. Passed 7-27-87.)
   1133.02 GENERAL STANDARDS.
   (a)   Home occupations are classified as either home offices or home based businesses.
   (b)   Home offices are permitted uses in residentially zoned areas of the Village and are defined at Section 1105.02(69).
   (c)   Home Based Businesses are conditionally permitted uses in residentially zoned areas of the Village and must be approved by the Board of Zoning Appeals in accordance with the requirements and procedures of this chapter.
   (d)   Home based businesses shall meet the following requirements:
      (1)   A home based business shall be confined to the dwelling or an accessory building.
      (2)   No more than one additional (non-resident) person, other than persons residing in the dwelling, shall be engaged in the business.
      (3)   The use of the dwelling unit for the home based business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling shall be used in the conduct of the home based business.
      (4)   There shall be no change to the outside appearance of the dwelling or premises, no outside storage of materials incidental to the home based business, nor other visible evidence of the conduct of such home based business, other than one (1) sign not exceeding two (2) square feet in area affixed to the dwelling or accessory building and non-illuminated.
      (5)   No traffic shall be generated by such home based business in greater volume than would be expected in a residential neighborhood and any need for parking generated by conduct of such home based business shall meet off-street parking requirements as specified in the parking requirement section of the Zoning Ordinance. (Chapter 1121.)
      (6)   No equipment or process shall be used in such home based business 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 which causes fluctuations in line voltage off the premises.
      (7)   The home based business will be evaluated periodically by the Village Utility Department which may require a general service (GS) rate, as determined by the evaluation. (Ord. 23-2009. Passed 8-10-09.)
   1133.03 HOME OCCUPATION APPROVAL PROCESS.
   (a)   The home occupation approval process shall consist of the following steps:
      (1)   Submission of a completed application, materials and fees to the Office of the Zoning Inspector;
      (2)   Approval by the Board of Zoning Appeals; and
      (3)   Issuance of the zoning certificate by the Zoning Inspector in accordance with the requirements of the Board of Zoning Appeals.
   (b)   Applications for the home occupation shall be obtained from the office of the Zoning Inspector and when completed shall be returned to that office. The application shall consist of the completed form, other required materials and the required fee.
   (c)   The Zoning Inspector upon receipt of the application shall transmit the completed application form to the Board of Zoning Appeals within three working days.
   (d)   The Board of Zoning Appeals shall hold a public hearing to consider the application.
   (e)   The Board of Zoning Appeals shall approve, approve with modification or deny the application within sixty days after transmittal by the Zoning Inspector.
   (f)   Approval shall not be granted unless all requirements of the district in which the proposed home occupation is to be located are met; and no new nonconformities would be created by the approval of the home occupation.
   (g)   Any change in the home occupation shall require prior approval of the Board of Zoning Appeals in accordance with the process described in this section.
   (h)   The Board of Zoning Appeals may prescribe appropriate conditions and safeguards with respect to the location, maintenance and operation, in addition to those described in this Zoning Ordinance so long as they are necessary for the protection of the adjacent property owners and the character of the neighborhood.
   (i)   The Zoning Inspector shall issue a zoning certificate only in compliance with the approved requirements of the Board of Zoning Appeals.
(Ord. 13-87. Passed 7-27-87.)
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