The purpose of this regulation governing home occupations is as follows:

(1)

To preserve the residential character of neighborhoods in districts zoned residential;

(2)

To preserve and protect the property rights of neighbors, while reasonably allowing residents to utilize their residences to enhance or fulfill personal economic goals;

(3)

To preserve and protect Village and utility services such as streets, sewers and water systems against increased utilization typical in commercial districts;

(4)

To preserve tranquility in neighborhoods and prevent nonresidential activities typically found in, and more suited for, commercial districts; and

(5)

To establish reasonable criteria for the operation of home occupations in dwelling units.

(Ord. No. 1525, § 21.1, 6-14-2007)

Except as expressly provided in this Section, no home occupation shall be conducted, operated or established until a Home Occupation Permit has been received from the Village Ordinance Enforcement Inspector, or such other individual who may be appointed by the President and Village Board with the authority to issue a Home Occupation Permit ("Authorized Permit Issuer"). The following home occupations shall not require a Home Occupation Permit, but shall otherwise be subject to full compliance with the requirements set forth in this Article:

(1)

Home offices (home occupations involving no customers, clients or pupils on the premises, and no outdoor signage regarding the occupation, or storage of goods for sale on the premises).

(2)

Instruction in music, dance or fine arts limited to no more than two pupils at any one time, with no outdoor signage regarding the occupation.

(3)

Babysitting (the keeping for part-time care and supervision of three or less minor children at any one time within a dwelling, with no outdoor signage regarding the occupation. Said number limitation does not apply to minor children that are members of the same immediate family).

(4)

Tutoring by a currently enrolled student, limited to no more than two clients/pupils at any one time, with no outdoor signage regarding the occupation.

(Ord. No. 1525, § 21.2, 6-14-2007)

All home occupations shall comply with the following minimum use limitations and requirements:

(1)

The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes;

(2)

The home occupation must be carried on solely by the immediate members of the family residing in the dwelling unit at which the home occupation is to be operated, and such family members must be actual residents of the dwelling unit;

(3)

The home occupation must be wholly operated within a completely enclosed dwelling unit or an accessory building, and such accessory building may not be built or used solely for the purpose of operating the home occupation;

(4)

The home occupation shall be of a service character. The direct retail sales and/or rentals of goods, products or other articles, besides those produced on the premises, and except for catalogue or mail order businesses (e.g., Mary Kay Cosmetics, Pampered Chef, etc.), is prohibited. Sales on the premises of goods, products or other articles are also permitted where such sales are merely incidental and accessory to the service being provided by the home occupation, and shall not be advertised in any manner;

(5)

The home occupation shall not result in any change in the residential appearance of the premises, or other visible evidence of the operation of the home occupation, including the creation of a separate or exclusive entrance for the home occupation, other than one nonilluminated sign not exceeding two square feet in area;

(6)

Visitors in conjunction with the home occupation (e.g., customers, clients, pupils, etc.):

a.

Will be limited to no more than six during any period of 60 consecutive minutes, and no more than 16 in any given 24-hour period;

b.

Shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m.; and

c.

Must be provided sufficient parking on the same lot as the dwelling unit so that no visitors park in the public right-of-way, but in no event shall more than two visitors' vehicles be parked on such lot.

(7)

The home occupation activity shall not generate any noise, vibrations, smoke, dust, odors, heat, glare, or electrical or electromagnetic interference that would exceed that normally produced by the customary use of a single-family residential dwelling;

(8)

No commercial deliveries related to the home occupation shall be permitted, other than by the United States Postal Service and private package and letter delivery services. Deliveries shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m.;

(9)

No more than one vehicle shall be used in connection with the home occupation, and such vehicle must be registered to a resident of the dwelling unit and of a type ordinarily used for conventional private passenger transportation (e.g., passenger automobiles, vans and pickup trucks not exceeding a payload capacity of one ton). Signs on vehicles advertising the home occupation being conducted shall contain only the name and telephone numbers of the home occupation, and shall not provide an address where the home occupation is being conducted or other information inducing, enticing or inviting the public to visit the residence;

(10)

No materials, goods, supplies, equipment or machinery used in the home occupation may be stored outside of the dwelling unit or the accessory building;

(11)

The total area dedicated to use for the home occupation shall not exceed 250 square feet of the dwelling unit or accessory building, except where the home occupation involves lodging;

(12)

The home occupation must not violate the limitations imposed by the provisions of any applicable building, fire, health, safety, and housing codes and shall conform with all applicable requirements and regulations pertinent to the business activity including occupational licensing. The granting of a Home Occupation Permit shall not be construed as an exemption from such regulations;

(13)

No more than one home occupation may be conducted upon any residential lot;

(14)

The following activities are expressly prohibited as home occupations:

a.

The repair, whether or not for consideration, of motor vehicles which are not owned by a resident of the dwelling unit or an immediate family member of a resident;

b.

Adult oriented business establishments (pornography, alcohol, tobacco, firearms, etc.);

c.

The practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person providing such treatment or therapy is not licensed by the State to administer such treatment or therapy;

d.

Pet grooming or pet care facilities; and

e.

Tattoo businesses.

(15)

Notwithstanding Subsections (3) and (6) of this Section, day care businesses may operate from 6:00 a.m. until 8:00 p.m. and are allowed no more than six children/dependent adults at any one time (the parents or guardians of such children/dependant adults are not considered visitors) and are allowed to partially operate outside of the dwelling unit. Day care businesses operated as home occupations are not required to obtain a special use permit pursuant to Article III of this Chapter.

(Ord. No. 1525, § 21.3, 6-14-2007)

(a)

An application for a Home Occupation Permit shall be filed by the owner or a resident of the property upon which the proposed home occupation is to be conducted. The application must be filed with the Village Clerk for review by the Authorized Permit Issuer, along with a one time nonrefundable application fee in an amount established from time to time by the Village Board, and must contain the following information:

(1)

The name, address and telephone number of the applicant;

(2)

A correct legal description and parcel identification number for the property upon which the proposed home occupation is to be conducted;

(3)

A detailed description of the proposed home occupation;

(4)

A written statement of compliance with this Article;

(5)

Copies of all notices provided pursuant to Subsection (c) of this Section; and

(6)

Such other or additional information as may be required by the Authorized Permit Issuer.

(b)

The renewal of a Home Occupation Permit shall follow the same process as set forth in Subsection (a) of this Section, except a fee is not required for renewal.

(c)

No Home Occupation Permit shall be issued or renewed until and unless the applicant has provided written notification to the residents of all parcels of land adjoining and adjacent to the applicant's property, such notice to contain:

(1)

A statement that a Home Occupation Permit or renewal has been requested;

(2)

A detailed description of the home occupation;

(3)

The name, address and telephone number of the applicant;

(4)

A statement that any objection to the issuance or renewal of the Home Occupation Permit must be sent to the applicant and filed with the Village Clerk within ten days of the date of the notice. The applicant's notice will be deemed to have been given when personally delivered to the owner of adjoining or adjacent property or when sent to such resident via certified mail.

(d)

After reviewing the Home Occupation Permit application, the Authorized Permit Issuer shall have the discretion to:

(1)

Issue a Home Occupation Permit or renewal;

(2)

Deny the application and provide the applicant grounds for such denial, in writing; or

(3)

Request any further information that is necessary for making a determination.

The Authorized Permit Issuer shall consider the activities to be conducted in the home occupation, any objections filed by neighboring property owners, the existing character of the neighborhood, availability of Village and other utilities, geographic and topographic features, size and characteristics of the dwelling or structure in which the home occupation will be conducted, and such other matters as may be relevant and consistent with the express purpose of this Article. If the proposed home occupation will violate any of the provisions of this Article, it will be denied.

(e)

A Home Occupation Permit may be issued with such further restrictions as are necessary to carry out the intent and purpose of this Article.

(f)

All Home Occupation Permits shall be valid for a period of five years from the initial date of approval, unless sooner revoked.

(g)

A Home Occupation Permit issued to one person shall not be transferable to any other person, nor shall the Permit be valid at any address or for any home occupation other than as stated on the Permit.

(h)

Home Occupation Permit holders shall allow a reasonable inspection of the premises by the Authorized Permit Issuer, or any designee thereof, to determine compliance with this Article.

(i)

If a Home Occupation Permit is revoked or application therefor denied, no Home Occupation Permit for the same or similar home occupation may be granted to the applicant or any immediate family member as to the property for which the permit or application pertained, unless such decision is subsequently reversed on appeal.

(Ord. No. 1525, § 21.4, 6-14-2007)

Complaints concerning any home occupation may be made to the Authorized Permit Issuer by filing the complaint with the Village Clerk, or may be initiated by the Village. Any complaint reasonably indicating a violation of any condition of a Home Occupation Permit or any provisions of this Article shall be investigated by the Authorized Permit Issuer and a written determination as to compliance shall be made and retained on file. The filing of a complaint is not a mandatory prerequisite for the Authorized Permit Issuer to initiate an investigation or to find a violation of a Home Occupation Permit or any provisions of this Article.

(Ord. No. 1525, § 21.5, 6-14-2007)

(a)

Administration. The Authorized Permit Issuer is authorized and directed to administer and enforce all of the provisions of this Article. Whenever necessary, the officials of other departments of the Village will give such assistance as is consistent with the usual duties of their respective departments.

(b)

Entry onto premises. Upon presentation of proper credentials, the Authorized Permit Issuer or any designee thereof, may enter at all reasonable times any premises when necessary to determine compliance with and enforce the provisions of this Article. The acceptance of a Home Occupation Permit shall constitute effective consent by the Home Occupation Permit holder to any such entry.

(c)

Violations. Whenever it shall be determined by the Authorized Permit Issuer that a violation of any condition of a Home Occupation Permit or any provision of this Article has occurred or is occurring, the Authorized Permit Issuer shall provide written notice of such violation to the Home Occupation Permit holder. Notice shall be deemed effectively received upon delivery by personal service on the Home Occupation Permit holder or a resident of the premises covered by the Home Occupation Permit. If personal service cannot be obtained, then such notice shall be posted in a conspicuous place on the premises, with a copy mailed thereto, and the notice will be deemed effectively received two business days after posting and mailing of the notice. Along with serving the notice of violation, the Authorized Permit Issuer shall take the following actions based on the nature and severity of the violation:

(1)

Issue a citation with a fine and/or suspension or revocation of the applicable Home Occupation Permit; or

(2)

Establish a reasonable time for the correction of the violation, not to exceed 72 hours from the time of effective receipt of the notice of violation.

(d)

Suspension or revocation. A Home Occupation Permit may be immediately revoked or suspended if:

(1)

A violation is not abated within the applicable time limit provided by any notice of violation; or

(2)

Any condition of a Home Occupation Permit or any provision of this Article is violated more than one time in any five year period.

(e)

Fines. Any person who violates any of the provisions of a Home Occupation Permit or this Article may be fined not less than $150.00, nor more than $750.00 for each offense. A separate offense shall be deemed to be committed on each calendar day upon which a violation occurs or continues.

(f)

Injunction. In addition to the other remedies and penalties provided hereunder, the Village Attorney is authorized to file appropriate civil actions for a temporary restraining order, temporary injunction, and/or permanent injunction against any person violating the provisions of this Article.

(Ord. No. 1525, § 21.6, 6-14-2007)

Any person who is aggrieved by a determination of the Authorized Permit Issuer regarding violations, or issuance, denial, suspension, revocation or renewal of a Home Occupation Permit, may appeal to the Zoning Board of Appeals pursuant to Article VIII of this Chapter, and such appeal must be filed in writing within 20 days of the date upon which written notification of such determination was issued. A nonrefundable fee in an amount established from time to time by the Village Board, must be paid to the Village at the time of the filing of the appeal.

(Ord. No. 1525, § 21.7, 6-14-2007)