(1)

PURPOSE AND INTENT.

(a)

The purpose of this section is to establish the requirements and criteria or permitting the use of and/or activities from residential dwellings located in residential and agricultural zoning districts for home-based occupations, businesses, professions, or trades where such uses and activities are:

1.

Accessory and subordinate to the primary residential or agricultural use of the property;

2.

Conducted in a manner that is compatible with the residential premises and agricultural zoning districts within such residential premises are located; and

3.

Not detrimental to the residential character, appearance and livability of the surrounding properties and neighborhood within which such uses and activities are to be conducted.

(b)

With respect to existing nonconforming residential dwellings and properties located in commercial or industrial zoning districts, the provisions of this article apply only to the extent that such occupations or businesses are accessory and subordinate uses and are not a principal or conditional use that may be allowed in those districts through the site plan review and/or conditional use permitting procedures specified in the Zoning Code.

(2)

DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Home Occupation means a business, occupation, profession or trade use or activity conducted for financial gain or profit on a reoccurring basis within or from a residential dwelling and/or accessory building by one or more occupants residing in the dwelling where the conduct of such use or activity is clearly incidental and subordinate to the primary or principal use of the dwelling and property for residential purposes, and, does not change the residential character or appearance of the dwelling or accessory building.

(b)

Professional Home Office, for purposes of this section, shall be the same as a home occupation. See definition of "home occupation".

(c)

For purposes of this section, "nonresident employee" shall mean an employee of a home occupation who does not reside on the property from which the home occupation is operated. (Cr. Ord. #18-09)

(3)

HOME OCCUPATION CLASSIFICATIONS. A home occupation shall be classified as either a minor or major home occupation based on the specific characteristics of and activities associated with the home occupation. The determination as to whether a home occupation is to be classified as a minor or major home occupation shall be made by the Village Planner/Zoning Administrator as set forth in this section.

(a)

Minor Home Occupation. Minor home occupations are occupations that, by their nature, appearance and inherent operational activities and characteristics, are potentially less intensive and less likely to have a noticeable and negative impact on the residential or agricultural character of the subject property and surrounding neighborhood. Minor home occupations are allowed "by right" as a permitted accessory use. Minor home occupations are allowed in the following agricultural and residential zoning districts:

1.

A-1, A-2.

2.

Rs-1, Rs-2, Rs-3, Rs-4, Rs-5, Rs-6, Rs-7, Rd-2, Rm-1, Rm-2, Rm-3.

3.

B-3.

(b)

Major Home Occupation. Major home occupations are occupations that, by their nature, appearance and inherent operational activities and characteristics, are potentially more intensive in character and activity and are, therefore, more likely to have more noticeable and potentially negative impacts on the residential or agricultural character of the subject and surrounding properties. Major home occupations are allowed as a conditional use and require the granting of a conditional use permit by the Village Board. Major home occupations are only allowed in the following agricultural and larger lot, lower density residential zoning districts:

1.

A-1, A-2.

2.

Rs-1, Rs-2 and Rs-3. (Am. Ord. #18-09).

3.

B-3.

(4)

GENERAL REQUIREMENTS AND PERFORMANCE CRITERIA. All home occupations, including those classified as both minor and major home occupations, shall comply with all of the following requirements prior to or as a result of compliance with any conditions of approval required for issuance of a home occupation permit:

(a)

All applicable State, Federal and local business and/or occupational licenses and any other approvals required shall be obtained as necessary and kept up-to-date throughout the duration of the home occupation. All activities associated with a home occupation and the residential dwelling, accessory building, structure, and overall property from which such home occupation is being conducted shall comply with all local, county, and state building, fire, sanitary, health and other applicable requirements and regulations including homeowner's association, subdivision and other recorded property restrictions and covenants. Noncompliance with any applicable requirement and/or regulations may be grounds for issuing a notice of zoning code violation, denial of a home occupation permit application, or revocation of a home occupation permit.

(b)

The owner/proprietor of a home occupation shall be responsible for notifying the Village Planner/Zoning Administrator of any changes in the conduct of the home occupation that are different from that included in the description provided as part of the application or from any conditions or restrictions imposed as part of the permit. Such changes may result in the need for reclassification of the home occupation.

(c)

The owner/proprietor of a home occupation shall reside in the dwelling from which the home occupation is being conducted.

(d)

Activities associated with a home occupation shall not generate any traffic, parking, solid or liquid waste, water consumption, noise, vibrations, smoke, dust, odor, heat, glare, disturbance or interference with the provision of electrical, television or other utility services, or create any safety hazards exceeding those which are typically and customarily produced by and/or associated with a residential dwelling and residential uses in the zoning district and surrounding neighborhood within which the subject property and home occupation is located.

(e)

The total area used to conduct activities associated with a home occupation shall not exceed one-third of the total gross floor area of the residential dwelling, including basements or other similar areas.

(f)

The residential dwelling, accessory buildings and structures, and overall property shall remain residential in character and appearance that are typical and customary for residential property located in the zoning district within which the home occupation is located. Structural and other alterations and alterations in the exterior or interior appearance that will make the dwelling, buildings, and/or the site appear or function similar to a commercial operation are prohibited. Prohibited alterations may include, but not be limited to the creation of a separate or exclusive entrance for business purposes, use of signage or other advertising other than that allowed as set forth in this section and commercial-like exterior lighting.

(g)

Wholesale or retail sales from within a residential dwelling, accessory building or structure, or from a residential property on a regular or year round basis, or in a substantial volume, or as a primary activity or function of the home occupation shall be prohibited except for sales conducted entirely via the mail, telephone or internet. No goods or products intended for sale shall be displayed outside of a dwelling, accessory building or structure, or elsewhere on the property. This provision is not intended to limit or prohibit "rummage sales" as defined and regulated under section 17.70 of the Zoning Code nor the occasional and/or seasonal sale, resale or purchase of goods or products from a residential or agricultural property nor the occasional sale of items, e.g., Amway, Avon, Tupperware, Schwanns, etc., or the occasional conduct of home-based parties or gatherings where friends, family and other nonresident attendees are asked to sit through presentations or view products for purchase.

(h)

Truck deliveries or pick-up of supplies or products associated with a home occupation shall be limited to the type of vehicles and pick-up/delivery hours that are typical and customary for residential dwellings and uses located in the zoning district within which the home occupation is located.

(i)

In order to ensure that a home occupation does not become a nuisance to the surrounding properties and property owners, the Village Planner/Zoning Administrator, Plan Commission, and Village Board may impose reasonable conditions as deemed necessary and made part of a home occupation permit (if applicable) to protect the health, safety and welfare of such properties, property owners, and general public.

(j)

Multiple home occupations may be permitted from a single residence provided that the general requirements and specific performance criteria set forth in this section can be met based on an accumulation of the activities, characteristics, etc., of all home occupations conducted from such dwelling.

(k)

Except as otherwise provided in section 17.46 of the Zoning Code, the use of exterior signs shall be limited to one sign not greater than 3 square feet in area, mounted to the residential dwelling, and if illuminated, internally illuminated or illuminated with a full cut-off fixture where the light source is completely shielded from view from adjacent property and public roads. If the residential dwelling is set back more than 100 feet from the abutting public road or otherwise obstructed from view due to topography or landscaping, the area of the sign may be increased up to 6 square feet, or, not greater than 2 square feet in area but allowed to be located at the driveway access along the property line.

(l)

Owners/proprietors of a "major" home occupation shall permit a reasonable inspection of the premises by the Zoning Administrator, Village Board, or other duly authorized agent of the Village Board or other agency having jurisdiction or responsibility for enforcing applicable laws, requirements, and regulations at the time of application or after the home occupation has commenced operation in order to determine compliance with the requirements of this article and/or the conditions of the permit.

(m)

Reserved.

(n)

All major home occupation permits shall be deemed valid for a period of time not to exceed 4 years unless:

1.

Otherwise provided for as a condition of the approval of the permit;

2.

If changes occur in the activities or character of the home occupation being conducted that warrant additional review and approval by the Village Planner/Zoning Administrator, Plan Commission or Village Board;

3.

The provisions of subsection (4)(n) or (o) apply.

(o)

Whenever the Village Planner/Zoning Administrator or Village Board has reasonable cause to believe that any of the general or specific requirements and/or performance criteria set forth in this article, or, that conditions imposed as part of the home occupation or conditional use permit are being or have been violated, the Village Planner/Zoning Administrator or Village Board shall have the right to issue a notice of zoning code violation and pursue appropriate remedies, or, revoke or modify the home occupation permit, including but not limited to, imposing stricter conditions upon operation of the home occupation and/or owner/proprietor.

(p)

The granting of a home occupation permit shall not constitute a covenant running with the property from which such home occupation is being conducted. A home occupation permit shall not be transferable to another property and shall automatically and immediately terminate and become null and void upon the sale, lease, or transfer of the property to a party different than to whom the home occupation permit was originally granted.

(q)

Failure to comply with the provisions of this article, including failure to obtain a home occupation permit as provided for herein, shall constitute a violation of the Village Zoning Code and be subject to the penalties set forth therein.

(5)

SPECIFIC REQUIREMENTS AND PERFORMANCE CRITERIA.

(a)

Minor home occupations shall comply with all of the following performance criteria:

1.

Activities associated with a home occupation shall be conducted entirely within a residential dwelling (including an attached garage, or one detached garage when no attached garage exists);

2.

The display, storage or parking of materials, goods, supplies or equipment outside of the dwelling or within an accessory building (excluding an attached garage) is prohibited; and

3.

The number of part-time or full-time nonresident employees working upon the residential property for which a home occupation permit has been granted shall not exceed the following:

a.

Two nonresident employees for home occupations in the Rs-1, Rs-2 or Rs-3 Zoning Districts;

b.

One nonresident employee for home occupations in the Rs-4, Rs-5, Rs-6 or Rs-7 Zoning District.

c.

No nonresident employees in the Rd-2, Rm-1, Rm-2, Rm-3, or B-3.

(b)

Major home occupations shall comply with all of the following performance criteria:

1.

Activities associated with a home occupation shall be conducted entirely within the residential dwelling and/or in an enclosed accessory building or structure;

2.

The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling is permitted in an enclosed accessory building, or in the side or rear yard of the subject property provided the yard area used for such display, storage or parking is completely screened from view from all public streets and adjacent property. Screening shall be accomplished through the use of natural landscaping materials (i.e., trees, plants, berms, rocks), or, a combination of natural landscaping and other manmade or fabricated screening materials (e.g., fencing, etc.) provided that all screening shall be instantaneous and continuously maintained; and (Am. Ord. #18-09)

3.

The number of part-time or full-time nonresident employees working upon the premises for which a home occupation permit has been granted shall not exceed the following: (Am. Ord. #18-09)

a.

Five nonresident employees for home occupations in the Rs-1 Zoning District;

b.

Two nonresident employees for home occupations in the Rs-2 or Rs-3 Zoning Districts.

(6)

HOME OCCUPATIONS PROHIBITED.

(a)

Any occupation involving the repetitive purchase and resale, exchange, production, refinement, packaging or handling of explosives, or hazardous materials or substances, as defined pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 USC §960, as amended by the Superfund Amendments and Reauthorization Act (SARA), and including any judicial interpretation thereof by any person who devotes time or attention to such items as a regular or part-time course of trade or business with the objective of livelihood or principle means of profit is prohibited. (Am. Ord. #3-12)

(b)

Any home occupation involving the on-site sale, resale, repair of automobiles, trucks, boats, trailers, or other motorized vehicles is prohibited.

(7)

APPLICATION PROCEDURES.

(a)

Application for a major home occupation permit shall be made to the Village Planner/Zoning Administrator on a form provided by the Administrator and shall be accompanied by all supporting information required therein and an application fee established by the Village Board for such permits.

(b)

The Village Planner/Zoning Administrator shall make a determination as to whether a home occupation qualifies as a major home occupation within 20 days after the date the application has been received. In the event that the Administrator determines that the home occupation for which an application has been received does not conform to one or more of the general requirements and performances criteria, the Administrator has the right to deny the application.

(c)

Minor home occupations are allowed as an accessory use by right and do not require the issuance of a permit.

(d)

An application for a home occupation that has been determined to be a major home occupation shall be reviewed and processed as a conditional use permit as set forth in section 17.42 of the Village Zoning Code.

(e)

Copies of all major home occupation applications shall be forwarded to the appropriate Village, County, State, and Federal agencies for review and comment concerning applicable laws, regulations, and requirements and whether or not a proposed occupation complies with such laws, regulations, or requirements, or under what conditions compliance can be met.

(f)

Variances from the provisions of this article or an appeal of any decision of the Zoning Administrator, Plan Commission or Village Board shall be processed and considered by the Board of Zoning Appeals as set forth in section 17.52 of the Village Zoning Code.

(g)

The owner/proprietor of all existing major home occupations already being conducted from residential and agricultural property on the effective date of this article shall have a period of 6 months from the effective date to apply or reapply for the necessary home occupation permit required under this section. The owner/proprietor of any such home occupation may continue to conduct such occupations pending final action by the Administrator and/or Village Board on his home occupation permit application. If the Administrator or Village Board denies a home occupation permit application for a major home occupation being conducted on the effective date of this article, the conduct of such home occupations shall cease within 3 months from the date such application is denied.