(1)

Purpose. The purpose of this section is to protect public health and promote public safety, convenience, comfort, morals, prosperity and welfare within agricultural and residential districts while providing for certain types of otherwise restricted occupational uses that are incidental to the use of the property as a residence but, because of their potential influence upon neighboring uses, need to be carefully regulated for the protection of the community.

(2)

Applicability. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in an agricultural or residential district except in compliance with the requirements of this section.

(a)

Permit. A home occupation permit shall be obtained as prescribed by the requirements of this section. Acceptance of any of the benefits of a home occupation permit shall be deemed acceptance of all terms and conditions set forth herein.

(b)

Application. Application for a home occupation permit shall be made to the planning and zoning manager on a form prescribed by the planning and zoning manager.

(c)

Inspection. Prior to approval the planning and zoning manager or designated representative shall review the application and inspect the premises for compliance with the regulation of this section. Additional inspections may be requested by the planning and zoning manager to confirm continued compliance with the provisions of this section.

(d)

Fee. The application fee for a home occupation permit shall be $10.00.

(e)

Renewal. Approved home occupation permits must be renewed annually for as long as the business is conducted from the property. The renewal fee for a home occupation permit shall be $10.00. (Ord. No. 29-20, 8-3-2020)

(3)

Required conditions. Conforming home occupations are those activities that require the practice of some skill, talent or craft on the part of the resident and not just as a place to house or furnish the use of some machine or equipment, and shall comply with the following regulations:

(a)

There shall be no stock-in-trade other than products manufactured on the premises unless otherwise approved by the planning and zoning commission by special use permit as provided by article XVII of this chapter.

(b)

A home occupation shall be conducted within a dwelling or in an accessory building not to exceed 500 square feet in area.

(c)

There shall be no storage of supplies or equipment outside of the building.

(d)

There shall be no external alteration of the dwelling or accessory building in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site, except for a nameplate not to exceed a total of two square feet in area (288 square inches). (Ord. No. 26-84)

(e)

No person, other than a resident of the dwelling, shall be employed in the conduct of a home occupation.

(f)

No motor power other than electrically operated motors shall be used in connection with a home occupation.

(g)

No unreasonable odor, liquid or solid waste, shall be emitted. No electrical disturbance shall be produced.

(h)

A home occupation shall not create any radio or television interference or create noise in excess of the standards set forth in other village ordinances.

(i)

No trucks with a license greater than a B designation and no semi-trailers, or full trailers, incidental to a home occupation shall be kept on the site. (Ord. No. 26-84)

(j)

A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district.

(k)

Anyone conducting a home occupation within the village limits who files in the office of the County Clerk of Winnebago County a certificate to conduct a business under an assumed name, pursuant to Illinois Revised Statutes, chapter 96, section 4, [805 ILCS 405/1 et seq.] shall, within five days, register said assumed name with the planning and zoning manager of Machesney Park. (Ord. No. 90-85)

(4)

Special use permit. Doctors, dentists, chiropractors, massage therapists and other practitioners of the medical arts licensed by the State of Illinois may be permitted as a home occupation if approved by the planning and zoning commission by special use permit as provided by article XVII of this chapter. Licensees shall maintain with the Village of Machesney Park a current copy of their applicable license.

(5)

Prohibited uses. The following types of activity shall not constitute legal and conforming home occupations and are specifically prohibited:

(a)

Alcoholic beverages manufactured on the premises, any sale of;

(b)

Automobile laundry;

(c)

Automobile repair, major and minor;

(d)

Firearms, sale or mail order;

(e)

Kennel, commercial;

(f)

Smoking products manufactured on the premises, any sale of;

(g)

Tattoo or body piercing establishments, or any other use whose activity is subject to review by the Village of Machesney Park Liquor Commissioner. (Ord. No. 48-98).

(6)

Exemptions. Home occupations that consist entirely of communication via correspondence, telephone, facsimile or computer modem, and involves no deliveries to the property by semi-tractor/trailer trucks, and no clients, customers or students visiting the premises shall not be required to obtain a home occupation permit.

(7)

Revocation. Revocation of a home occupation permit may be made for the following reasons:

(a)

Any change in the use for which the permit was issued;

(b)

Failure to allow required inspections;

(c)

Failure to comply with the applicable provisions herein;

(d)

Violation of any village ordinance, state law, or federal law.