The general requirements set out in this article shall apply in all residential districts, R-1A, R-2A and R-3A districts.

(Code 1985, § 38-7A; Ord. No. 90-1, 5-22-1990)

In order to provide peace, quiet and domestic tranquility within all residential neighborhoods within this village, and in order to guarantee to all residents freedom from excessive noise, traffic, nuisance, fire hazard and other possible deleterious effects of commercial uses being conducted in residential areas, the following provisions are hereby adopted regulating and restricting so called home occupation or commercial uses in residentially zoned living quarters.

(Code 1985, § 38-7A(1); Ord. No. 90-1, 5-22-1990)

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:

Home occupation means any business or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use. Said home occupation shall not include the delivery of newspapers and farming.

Home occupation special use permit means a permit authorized by the village board only after a public hearing before the village zoning board of appeals.

(Code 1985, § 38-7A(2); Ord. No. 90-1, 5-22-1990)

(a)

Required. No home occupation shall be permitted with the prior issuance of a special use permit.

(b)

Annual fee. The annual fee for special use permits issued under this article shall be $50.00 per year and shall be payable no later than May 1 of each year. Said fee shall include the cost of the village's annual inspection.

(c)

Expiration; renewal. Special use permits shall expire May 1 of each year and once granted, may be renewed without additional hearing subject to the provisions of this article, by completing the renewal form to be prescribed by the village clerk and paying the annual permit fee. Failure to timely apply for renewal, and/or failure to pay the annual special use permit or inspections fee, shall be grounds for revocation of a special use permit.

(d)

Granting; permit to be temporary; transferability. Special use permits shall be granted by ordinance, shall be temporary in nature and shall be granted to a designated person who resides at the residential address. They are not assignable from person to person, or transferable from address to address.

(e)

Application procedure. Applications for home occupation special use permits shall be filed with the village clerk together with a filing fee of $100.00. The application shall then be forwarded to the chairman of the zoning board for a hearing. All such hearings shall be at public meetings of the zoning board. Legal notice of all such hearings shall be given as required for petitions for rezonings, zoning variances and special uses. At the conclusion of its hearing, the zoning board shall make findings of facts and recommendations to the village board.

(f)

New location. Should a home occupation special use permit holder move to a new location, the existing permit shall automatically be terminated, except in case of death.

(g)

Revocation. Permits and special use permits once granted may be revoked by the village board for cause after hearing before the zoning board. Complaints seeking the revocation of any such permit shall be filed with the village clerk and may be initiated by the village board, the zoning board or any resident. Publication and notice requirements shall be the same as for a home occupation special use permit application hearing.

(Code 1985, § 38-7A(3), (7)—(10); Ord. No. 90-1, 5-22-1990)

Permitted occupations shall not in any event be deemed to include the following:

(1)

Animal hospitals;

(2)

Clinics or hospitals;

(3)

Mortuaries;

(4)

Nursery schools;

(5)

Private clubs;

(6)

Renting of trailers;

(7)

Motorized vehicle and heavy equipment repair;

(8)

Restaurants;

(9)

Stables or kennels; and

(10)

Tourist homes.

(Code 1985, § 38-7A(4); Ord. No. 90-1, 5-22-1990)

All home occupations authorized by special use permit shall conform to the following standards:

(1)

Only residents of the premises and one nonresident may be employed to work at the premises;

(2)

No exterior business signs or any other visible display to indicate the presence of a business shall be permitted;

(3)

No exterior storage of business equipment, materials, merchandise, inventory or heavy equipment shall be permitted;

(4)

The area set aside for home occupation use shall not exceed 26 percent of the total floor area of such residence;

(5)

All pick-ups and delivery of materials used in the home occupation shall be carried on between 6:30 a.m. and 8:00 p.m. (except express delivery service, i.e., U.P.S.);

(6)

No article shall be sold or offered for sale on the premises except such as is produced and/or related to the business on the premises;

(7)

No trucks or other vehicles or equipment exceeding the allowable weight for licensed A or B plate shall be parked on the premises overnight;

(8)

Trucks shall not operate out of the residential premises except as allowed in subsection (7) of this section;

(9)

Special use permits shall not be granted when it appears to the village board that the proposed home occupation will constitute a fire hazard to neighboring residences or will adversely affect neighboring property values or will constitute a nuisance or otherwise be detrimental to neighbors because of excessive noise or excessive traffic or odors or other circumstances;

(10)

In order to guarantee that a home occupation, once authorized, will not become a nuisance to neighbors or otherwise violate these guidelines, the zoning board of appeals may recommend, and the village board may impose reasonable conditions in connection with the granting of the special use permit;

(11)

An applicant for a special use permit must continue to reside at the location of the proposed home occupation to maintain its validity;

(12)

No use of electrical or mechanical equipment which interferes with local radio, television or electrical reception shall be permitted; and

(13)

Home occupations established prior to the enactment of the ordinance from which this article is derived, and in compliance with all village code requirements at the time, are granted a period until May 1, 1991, to comply with this article and shall not be deemed in violation of any provision of this article until that date, or until such operation is operated so as to constitute a public nuisance.

(Code 1985, § 38-7A(5); Ord. No. 90-1, 5-22-1990)

There shall be one annual inspection each year by the village of premises covered by a special use permit under this article. In addition, the building inspector and fire inspector, or their designee shall have the right at any time, upon reasonable notice, to enter and inspect the premises covered by the said permit for safety and compliance purposes. Such inspection shall only be made between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.

(Code 1985, § 38-7A; Ord. No. 90-1, 5-22-1990)