The purpose of this ordinance is to allow home occupations that are compatible with the residential districts in which they are located.

4.2.a. Except as provided below, no person shall conduct a home occupation in a residence or on a residential lot without having first received a permit to do so from the Zoning Administrator. The following occupations shall not require any permit, but shall be subject to requirements governing home occupations.

(1)

Computer operation.

(2)

Instruction in music limited to no more than four students at one time. No music instruments may be amplified.

(3)

Sewing machine operation.

(4)

Telephone operation.

(5)

Typing.

(6)

Writing.

(Ord. No. 15901, § 1, 3-14-06)

All home occupations shall comply with each and every one of the following standards and requirements:

4.3.a. The entrepreneur of every home occupation shall reside in the dwelling unit in which the business operates.

4.3.b. All home occupation use activity conducted at the site of the home occupation shall be conducted entirely within a completely enclosed dwelling unit or garage (detached or attached).

Use of garage (detached or attached) or other building or structure accessory to the principal building on the zoning lot for any home occupation may be permitted subject to the following:

1.

No space within the garage that could be used to meet the required off-street parking requirements for the principle use shall be used for the home occupation. No existing garage may be converted to an accessory structure unless another garage is erected to replace the off-street garage parking spaces.

2.

Auto and engine related occupations shall not be permitted.

3.

Construction businesses or landscaping businesses that provide the on-site storage of goods and materials to be used in operation of the business shall not be permitted.

4.3.c. The home occupation shall not interfere with the delivery of utilities or other services to the area.

4.3.d. The activity should not generate any noise, vibrations, smoke, dust, odors, heat, glare, or interference with radio or television transmission in the area that would exceed that normally produced by a dwelling unit and/or garage in a zoning district used solely for residential purposes.

4.3.e. No toxic, explosive, flammable, radioactive, or other hazardous materials as defined by the BOCA Basic Fire Prevention Code as adopted in the Building Code of the City of Peoria shall be used, sold, or stored on the site.

4.3.f. There shall be no alteration of the residential appearance of the premises, including the creation of a separate or exclusive business entrance(s) or placement of a sign.

4.3.g. No more than one vehicle shall be used in connection with home occupation use. The home occupation vehicle must be of a type ordinarily used for conventional private passenger transportation, i.e., passenger automobile, or vans and pickup trucks not exceeding a payload capacity of one (1) ton.

Further, the home occupation vehicle shall not, pursuant to the Illinois Vehicle Code, require more than a Class B license or be a vehicle included in the definition of a Second Division Vehicle by said Code ("Those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the First Division used and registered as school buses.")

Home occupation vehicles are required to comply with all applicable residential parking requirements including, but not limited to, Section 15.3.e.2.(b) which prohibits permanent parking in required front yards and which requires hard-surfaced parking spaces.

4.3.h. No visitors in conjunction with the home occupation (clients, patrons, pupils, sales persons, etc.) shall be permitted between the hours of 10:00 p.m. and 7:00 a.m.

4.3.i. No outdoor display or storage of materials, goods, supplies, or equipment shall be allowed.

4.3.j. There shall be no advertising, signs, display, or other indications of a home occupation in the yard, on the exterior, or visible from, the dwelling unit and/or garage.

4.3.k. Direct sales and/or rentals of products off display shelves or racks is not permitted, although a person may pick up an order previously made by telephone or at a sales meeting.

4.3.l. The total area used for the home occupation, per property, shall take up no more than 250 square feet of the dwelling unit or garage.

4.3.m. No person may be employed on the site in connection with the home occupation who is not an actual resident of the dwelling unit.

4.3.n. Deliveries from commercial suppliers shall not be made by any vehicle that exceeds a gross weight in pounds for vehicle and maximum load of 20,000 pounds. Deliveries shall not restrict traffic circulation and must occur between 9:00 a.m. and 5:00 p.m. Monday through Friday.

4.3.o. Visitors in conjunction with the home occupation (clients, pupils, sales persons, etc.) will be limited to no more than eight during a 24-hour period. No more than four visitors may visit at one time.

4.3.p. No more than one home occupation shall be permitted, per property, within any individual dwelling unit and/or garage.

(Ord. No. 14701, § 1, 3-16-99; Ord. No. 15414, § 1, 12-17-02; Ord. No. 14490, § 1, 10-27-09)

4.4.a. Application for a home occupation permit shall be made to the Zoning Administrator on a form provided by the City. The Zoning Administrator will make a decision and notify the applicant in writing within 15 calendar days of the date the application is received.

4.4.b. In cases where the Zoning Administrator determines that the proposed home occupation will violate any of the provisions of this ordinance, the application will be denied.

4.4.c. All home occupation permits shall be valid for a period of three (3) years from the initial date of approval unless sooner revoked.

4.4.d. A home occupation permit issued to one person shall not be transferable to any other person, nor shall that permit be valid at any address or home occupation other than the one appearing on the permit.

4.4.e. Home occupation applicants and permit holders shall permit a reasonable inspection of the premises by the Zoning Administrator or his/her designee to determine compliance with this Section.

4.5.a. Home occupation uses established legally prior to the enactment of this comprehensive amendment may be continued as a legal nonconforming use. Only home occupations which received a home occupation permit under the prior ordinances regulating home occupations shall be viewed as legal prior to the adoption of this comprehensive amendment to the Zoning Ordinance.

4.5.b. No person shall conduct or engage in a home occupation without having been issued a permit to do so under this Section. The nonconforming use provisions of this Ordinance shall not apply to home occupations.

The Zoning Administrator may revoke a permit upon giving the owner and any interested persons who applied for the use at least ten (10) days' written notice of the grounds for revocation and the opportunity for an appeal before the Zoning Board of Appeals at which time they may present evidence bearing upon the question and cross examination of witnesses. The grounds for which a permit may be revoked are:

4.6.a. The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use or knowingly suffered or caused another to furnish or withhold such information on his or her behalf;

4.6.b. The owner, his/her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of the zoning ordinance or the standards required to obtain the permit, or that the property no longer complies with the standards necessary to obtain a permit; provided, however, that the Zoning Administrator shall give at least seven (7) days' prior written notice to the owner of the alleged violation or manner in which the property no longer complies with the standards with the opportunity to correct the problem during said time.

Appeals from any decision of the Zoning Administrator concerning the granting or revocation of a use with administrative approval shall be to the Zoning Board of Appeals. The Zoning Board of Appeals shall apply the foregoing standards and requirements in reviewing a decision of the Zoning Administrator. Filing of an appeal from the decision of the Zoning Administrator to revoke a permit will stay his/her decision pending the decision of the Zoning Board of Appeals.