A “home occupation” is a gainful business, occupation, or profession conducted entirely within a dwelling or garage and carried on by the residents legally residing in such dwelling. Such business, occupation, or profession shall be clearly incidental and secondary to the use of the dwelling for residential purposes. Home occupations may not be conducted upon or in any accessory building. A home occupation shall be allowed only in districts zoned for residential purposes. (Ord. 84-3, 6-18-84)

A home occupation is allowed only if an occupant of the premises has obtained a home occupation permit as required by this Chapter. The allowance of home occupations is not intended to nor shall it be construed to abrogate or otherwise modify other zoning restrictions, subdivision restrictions, or covenants, or other restrictions that may apply to property for which a home occupation permit is granted. (Ord. 84-3, 6-18-84)

Any person desiring to obtain a permit for a home occupation shall make an application for same with the Zoning Enforcing Officer (ZEO) of the Village. The application shall be made on such forms as required by the ZEO. There shall be a nonrefundable fee of twenty five dollars ($25.00) for the initial application. (Ord. 84-3, 6-18-84; amd. Ord. 90-37, 4-15-91)

The ZEO shall have fifteen (15) days to grant or deny the home occupation permit. The home occupation permit shall be issued by the ZEO if the applicant has certified that he or she will operate the home occupation in conformity with all the provisions of Title 10, Chapter 13, Section 4, Subsections (A) through (M) inclusive, and the ZEO reasonably believes that the applicant will so operate the home occupation. Any denial by the ZEO because he does not reasonably believe the applicant can or will operate the home occupation in conformity with all the guidelines referred to in Section 4, Subsections (A) through (M) inclusive of this Chapter shall be in writing with a statement of the reasons therefor.

If the ZEO denies the granting of a home occupation permit either because he does not reasonably believe the applicant will operate the home occupation in conformity with all the provisions of Section 4, Subsections (A) through (M) inclusive or because the applicant otherwise requests the granting of a waiver of one or more of the guidelines referred to in said Section 4, then the following procedure shall apply: The applicant shall have a period of forty five (45) days from the date of such denial to request a public hearing with the Plan Commission. The public hearing shall be held in the same manner and form as a public hearing for a special use permit; and the applicant shall pay the same application fee, except that the applicant shall receive a credit for his initial application fee. The Village Board shall have the right to review, and approve or disapprove, or modify the Plan Commission’s recommendation after said public hearing.

A person obtaining a home occupation permit shall operate and conduct same in conformity with all of the following conditions unless a waiver pursuant to paragraph (N) of this Section is granted.

1. The home occupation shall be carried on only in the dwelling and/or garage subject to the following restrictions:
   1. In the dwelling, the area used for a home occupation shall not exceed twenty percent (20%) of the total gross floor area.
   2. The garage may be used for home occupation purposes provided that the area used does not exceed fifty percent (50%) of the gross floor area of the garage, and further provided that such usage does not cause the garage to be permanently unusable for parking purposes.
   3. In no event shall the total area used for a home occupation in the dwelling and garage exceed three hundred (300) square feet.
2. No persons other than the people legally residing at the premises shall be employed for a salary, commission, or upon any other remunerative basis; nor shall any such persons report for work at or near the premises.
3. No mechanical or electrical equipment shall be used in a home occupation other than that which is customarily used for domestic or hobby purposes.
4. No exterior evidence or indication that a home occupation is being conducted on the premises is allowed, nor shall any variance for signs for a home occupation be allowed.
5. The home occupation shall not generate heat, noise, glare, vibration, smoke emission, noxious or toxic fumes, odors, vapors, or electrical interference which are readily detectable at any point on the boundaries of the premises.
   
6. The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises, except that reasonable deliveries for wholesale purposes are allowed.
7. No article shall be sold or offered for sale on the premises except such as is produced on the premises or is provided incidental to the service or profession conducted therein.
8. Exterior storage of material or equipment is expressly prohibited.
9. Only one home occupation permit per premises shall be allowed.
10. The proposed home occupation use shall be such that it will not adversely affect other property in the neighborhood.
11. Adequate facilities, access roads, drainage, and other necessary supporting facilities are available or will, if necessary, be provided by the applicant.
12. Any additional traffic and/or parking problems reasonably expected to be generated by the home occupation shall not be such that it could be reasonably expected to adversely affect the residential character of the neighborhood, unduly impede surrounding traffic flows, or create hazardous or unsafe conditions in the neighborhood.
13. The home occupation shall comply with all applicable Federal, State, County, and Village of Morton laws, regulations, and ordinances.
14. A person may be entitled to a waiver of one or more of the guidelines set forth in Subsections (A) through (I) inclusive of this Section upon the showing of the following:
    1. That such waiver is necessary because strict compliance with all of the guidelines would prohibit the granting of a home occupation permit as requested.
    2. That there is no other practical method in which the applicant could conduct the home occupation without the allowance of a waiver.
    3. That strict compliance with all of the guidelines would cause a hardship to the applicant, as distinguished from a mere inconvenience.
    4. The allowance of a waiver shall not be in derogation of any of the guidelines set forth in Subsections (J) through (M) inclusive of this Section; and the applicant shall show by clear and convincing evidence the necessity for granting a waiver.
15. Such other terms and conditions as may be imposed upon the granting of a home occupation permit.
    

In the event an application is approved, then a home occupation permit shall be issued to the applicant. Said permit shall apply only to the applicant, occupation, and premises stated in the application. The permit is nontransferable and nonassignable and shall remain in full force and effect unless revoked pursuant to Section 7 of this Chapter. Said permit shall also be deemed to be automatically revoked upon the earliest of the following: the applicant dies; the applicant moves from the premises where the permit was granted; or the applicant otherwise ceases engaging in the home occupation.

A person shall not be considered to be engaged in a home occupation under the following circumstances:

1. The use of a residence by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of the profession; nor shall such usage be on a routine or regular basis. Such use shall not be considered exempt if a person advertises his or her availability for consultation at the residence.
2. The listing of the premises in a telephone book or similar directory whereby a business name is used, which in and of itself shall not be considered to mean that a person is engaging in a home occupation.
3. A person using a premises as defined and allowed in this Section shall not engage in or permit other persons to visit the premises for the purpose of conducting or transacting business except on a sporadic basis. It is the intent of this Section to prohibit such usage that would occur on a regular basis or as a part of the conducting of a business but not otherwise isolated or sporadic visits.
4. Any person engaged in wholesaling, jobbing, or retail business, if said activity is conducted entirely by mail and/or telephone.
5. Teaching or other types of instruction shall not be considered a home occupation provided same is limited to one pupil at a time.
6. The aforesaid activities described in this Section shall be considered exempt only if the person conducting same is not engaged in any activity that would otherwise be prohibited by Section 4 of this Chapter.
   

In the event a person is granted a home occupation permit and such person violates any of the provisions of Title 10, Chapter 13 of the Morton Municipal Code, or otherwise violates any provisions of the Morton Municipal Code, then such home occupation permit shall be automatically revoked upon written notice by the ZEO. (Ord. 84-3, 6-18-84)

Any person, firm, corporation, partnership, or other legal entity which conducts a home occupation in violation of any of the provisions of this Title 10, Chapter 13 shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation occurs shall constitute a separate offense. (Ord. 84-3, 6-18-84; amd. Ord. 90-37, 4-15-91; amd. Ord. 99-37, 12-6-99)

In addition to the foregoing penalty provisions, the proper authorities of the Village of Morton may institute any appropriate action or proceedings, including the obtaining of an injunction to prevent such further activity.

Any person engaged in a home occupation at the time of the passage of this Ordinance shall have a period of sixty (60) days from said date to apply for a home occupation permit subject to the following:

1. The applicant must provide adequate proof that he or she has been engaged in a home occupation prior to the date this Ordinance was passed.
2. The applicant must clearly state the home occupation and premises involved.
3. In the event an applicant is unable to comply with any or all of the provisions of Section 4 of this Chapter, then such applicant shall in his or her application clearly set forth which provisions he or she cannot comply with and the reasons therefor.
   
   The ZEO shall then forward the application to the Morton Village Board for their consideration. The Village Board may approve or disapprove the waiving of compliance with any or all of the provisions of Section 4 of this Chapter. Such approval or disapproval shall require the vote of at least four (4) members of the Board of Trustees, including the vote of the President where applicable or necessary.
   
   The Village Board may act upon the written application or may require the applicant to appear before the Village Board; and, in such case, the applicant will be given reasonable notice of the time.
   
   The Village Board, in determining whether or not to allow the waiver of any or all of the provisions of Section 4 of this Chapter, shall use the following criteria:
   1. The hardship upon the applicant if a waiver is not granted.
   2. The history of the applicant’s business and whether it has had any detrimental effect on the residential character of the neighborhood.
   3. Whether the granting of the waiver will have a detrimental effect upon the residential character of the neighborhood.
4. Any applicant who obtains a home occupation permit under these provisions and who subsequently conducts same in violation of any of the terms and conditions of this Chapter or in violation of any waivers granted hereunder shall be subject to all of the penalty and revocation procedures of this Chapter.
5. The application to be made hereunder shall be made to the ZEO of the Village of Morton and shall not require the payment of any fee if made within the aforesaid sixty (60) day period.
6. The ZEO shall grant or deny a permit within ten (10) days of the application date.
7. Any person who has previously obtained a special use permit pursuant to the provisions of prior law shall not be required to obtain a home occupation permit and may continue to engage in such home occupation subject to the provisions of the prior law and such conditions as may have been imposed upon the granting of such special use permit.
   

1. A person providing child care for gain on a regular basis for unrelated persons shall not be considered engaged in a home occupation provided said person provides such care for no more than one person at a time.
2. A person providing child care for gain on a regular basis for unrelated persons and further provided that such care is for two (2) through eight (8) persons at a time shall be required to obtain a home occupation permit. Said permit shall be subject to all other provisions of this Chapter except that the provision in Subsection (A) of Section 4 of this Chapter shall not apply.
3. A person who desires to provide child care for gain for unrelated persons and for more than eight (8) persons at a time shall apply for a special use permit as provided for in other provisions of the Morton Zoning Code and shall not be eligible for a home occupation permit.
4. For purposes of this Section all terms that are used herein which are defined in the Child Care Act of 1969 shall have the same meaning as defined in said Act.
   

It is the purpose and intent of this Chapter to provide further guidelines and criteria with respect to home occupations and to allow the continuation of certain home occupations as provided herein.

In the event a person continues to engage in a home occupation without obtaining a permit as required by this Chapter, it is the intent of this Chapter to allow for the prosecution of such person; and such persons continuing to conduct a home occupation without a permit shall be so prosecuted.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Chapter or Ordinance or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or Ordinance or any part thereof. It is hereby declared to be the legislative intent of the Board of Trustees that this Chapter and Ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. (Ord. 84-3, 6-18-84)