A. Purpose: The purpose of the home occupation standards and requirements is to allow occupations to be conducted in a dwelling unit which are compatible with the neighborhoods in which they are located and which do not interfere with the rights of the surrounding property owners to enjoy the residential character of the neighborhood.
B. Standards: The following standards for home occupations are intended to ensure compatibility with the residential use and with the residential character of the neighborhood, and there must be clearly a secondary or incidental status of the home occupation in relation to the residential use of the dwelling unit:
1. A home occupation shall be conducted only by members of the family residing in the dwelling unit.
a. Employee Limitations: Only one employee who does not reside in the dwelling unit on the lot where a home occupation is conducted may be present in the home at any one time in connection with the home occupation.
2. There may be more than one home occupation permitted per dwelling unit; however, the total combined home occupations for any single dwelling unit may not exceed any of the standards set forth in this title. The dwelling unit must be the principal residence of the member(s) of the family conducting the home occupation.
3. A home occupation that services customers or clients at the dwelling unit may attract no more than eight (8) customers or clients per day but not between the hours of nine o'clock (9:00) P.M. one day and eight o'clock (8:00) A.M. the next day.
4. The home occupation shall be conducted entirely within the dwelling unit and shall be limited to three hundred (300) square feet or a maximum of twenty five percent (25%) of the gross floor area of the dwelling unit which includes the basement or attached garage, whichever is less. In addition, up to twenty five percent (25%) of the floor area of a "cellar", as defined in section
11-2-2 of this title, may be used for a home occupation. No outdoor storage or display of business equipment, materials, merchandise, inventory, or heavy equipment shall be allowed in connection with any home occupation.
5. There shall be no signs on the premises for home occupations other than those permitted for residence districts under this title; no exterior display; no exterior storage of merchandise, goods, supplies, equipment or materials; and no exterior alterations, permanent or temporary, to the principal or accessory buildings that would change the residential character of the structure.
6. Clients or customers of the home occupation may not increase vehicular traffic flow and parking by more than two (2) additional vehicles at a time, and any need for parking generated by the conduct of such occupation shall be met by off street parking spaces which are in keeping with the residential character of the neighborhood.
7. The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service (excluding semi- trucks/trailers), or private passenger automobile.
8. The use of an accessory building for a home occupation is allowed, provided the occupation is conducted wholly within the accessory building and does not exceed three hundred (300) square feet in area.
9. No alteration of any kind shall be made to the dwelling unit where a home-based business is conducted that would change its residential character as a dwelling unit.
10. A home occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential use. No home occupation shall cause the rate of water usage (gallons per minute) to exceed the standard rate capable of being produced by the existing water service, but in no case shall water usage exceed the rate capable of being produced by a one inch (1") water service. No mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to a home. No mechanical or electrical equipment shall be operated in such a way as to interfere with the use and enjoyment of neighboring properties or indicate that the structure is being used for a non-residential purpose, or to place demands on public infrastructure that are excessive when compared to a typical single-family home.
11. Except for articles produced on the premises or incidental to a service provided, no stock in trade shall be displayed or sold on the premises.
12. On-line marketplace sale of items authorized for sale by this section is permitted.
13. The following uses, in addition to any which do not satisfy the other standards and requirements set forth herein, shall not be permitted as home occupations:
Amusement establishments.
Clubs or lodges, private, fraternal or religious.
Dry cleaning and laundry receiving establishments.
Firearm sales, supply and service.
Funeral parlors or undertaking establishments.
Renting or sale of trailers or automotive vehicles.
Retail stores for stock displayed and/or sold on the premises.
Wholesale establishments.
14. A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of and residing in the dwelling unit.
C. Exemption: Daycare homes are exempted from the standards and requirements for home occupations set forth in subsections B1, B3, B4, B6 and B8 of this section.
1. For each home occupation, it is required that an affidavit be completed and kept on file with the Village Clerk. The signed affidavit will state the type of home occupation proposed and shall further state that the applicant has read the requirements for a home occupation and agrees to comply therewith.
2. If a person has been validly operating a home occupation in compliance with previous ordinances as of the effective date hereof, he or she need not sign an affidavit but shall be permitted to do so subject however to chapter 11 of this title. Such affidavit shall be personal to the occupant, occupation and address listed in the affidavit.
3. A condition of lawfully maintaining a home based business, each affidavit, at the time of filing, is subject to review by the Chief of Police. The Chief reserves the right to require each filer to submit a security plan, including contact information, a description of the operation and the number of persons likely to be present, a description of any hazards at the premises, a floor-plan and other relevant information, for any home based business which the Chief believes to present any public safety concern based on the nature, location or configuration of the business. This requirement shall apply to all home-based day care centers and any other business designated by the Chief.
E. Special Use Permit Required: Any resident who wishes to conduct a business in their home but who does not meet the requirements of this section, with the exception of non- permitted home occupations, may apply for a special use permit pursuant to the special use procedures of the zoning regulations.
(Ord. 2018-O-23, 9-17-2018)