Pleasant Prairie City Zoning Code
ARTICLE VII
Business License
§ 420-40 Purpose.
A.
A business license is required to operate in the Village. There are various types of Pleasant Prairie licenses and permits that are required by various government entities at the federal, state and local levels. This zoning license is the basic type of license that is required for all home-based and non-home-based businesses in Pleasant Prairie.
B.
This article is not a regulation of occupation but rather to verify locations of active business operations, to obtain emergency contact information in order to notify and provide efficient public safety services to the business, to support economic development activities and to verify compliance with the site and operational zoning regulations of the Village. The information gathered from the business license application and the annual renewal is essential to performing the community's public-safety- and public-work-related services. The information obtained from the business license application and annual renewals is also important to the community for the purposes of its overall economic development business attraction and retention strategy insofar as the Village will be able to track and maintain an accurate listing of all active businesses, relevant contact information, employment counts and anticipated employment growth projections on an annual basis.
C.
All businesses in the Village shall obtain and maintain an annual business license for any home-based or non-home-based businesses operating in the Village pursuant to the requirements of this article. If more than one business is located within a building, each business is required to obtain a separate business license. Properties with more than one principal building or more than one principal building address are required to obtain a separate business license for each principal building on the property.
§ 420-41 Home-based business.
A.
Intent. It is the intent of this section to permit home-based businesses in any home within a residential, agricultural, or conservancy zoning district, provided that such use conforms to the standards and conditions set forth in this section, conforms to all Village Municipal Code requirements and maintains an active and continuous Village business license. In general, a home-based business is an accessory use located on the property and conducted so that a typical neighbor would not be aware of said use other than for a sign as herein permitted. The standards and conditions for home-based businesses in this section are intended to ensure compatibility with other permitted adjacent uses and to maintain the residential character of the neighborhood or underlying zoning district. A home-based business and/or regularly occurring activity is a business activity which results in a product being produced or service being performed and is conducted in whole or in part in the principal or accessory building on the property and is clearly subordinate to the residential use of the dwelling and property. A community living arrangement, within a single-family or two-family dwelling as defined in this chapter, with 15 or fewer persons, is not classified as a home-based business and is exempt from this section; however, it is required to obtain a business license pursuant to § 420-42.
B.
Requirements.
(1)
The home-based business shall be carried out by the property owner or occupant at his or her place of primary residence, and said home-based business use shall be clearly incidental to the residential or agricultural use of the principal or accessory building and parcel and shall not change the essential residential character of the dwelling and parcel. "Primary residence" shall be defined as follows:
(a)
The place where the owner's or occupant's habitation is fixed, without any present intent to move, and to which, when absent, the person intends to return.
(b)
The primary residence of a person performing the home-based business is the main home that the person lives in for a majority of the year as defined by the Internal Revenue Service. A person shall not have more than one primary residence for the purposes of operating a home occupation.
(c)
When a person's spouse and/or family resides at one place and the other spouse's business is conducted at another place, the former place establishes the place of primary residence for the purpose of determining whether a home-based business may be conducted at the requested premises.
(d)
No person gains the right to conduct a home-based business at a residence while living there for temporary purposes only.
(2)
The home-based business shall not be detrimental to the public health, safety and welfare.
(3)
No more than 25% of the principal building or the accessory building area shall be used to conduct the home-based business. Further, there shall be no more than two home-based businesses conducted from the same premises, provided that the combined home-based business usage does not exceed 25% of either the principal or accessory buildings on the premises and all other home-based business requirements as set forth in this section are met.
(4)
No outside storage or displays shall be used in connection with the home-based business.
(5)
No chemical, mechanical or electrical equipment that is not normally a part of domestic or household equipment shall be used in connection with the home-based business which may cause an interference, disruption or nuisance to an adjacent property owner on a regular basis.
(6)
No machinery or equipment shall be used in connection with the home-based business that causes noises or other interference in radio or television reception.
(7)
No commercial machine repair or sharpening of equipment or machines shall be done which may cause an interference, disruption or nuisance to an adjacent property owner on a regular basis.
(8)
No internal or external building alterations inconsistent with the residential use of the building shall be permitted.
(9)
No construction equipment or construction-related vehicles or trailers shall be parked or stored on the property.
(10)
No commercial construction or delivery vans, trucks, semi-trucks/semitrailers, truck cabs, box trucks, buses, trailers or any vehicle licensed or rated to be in excess of 7,000 pounds shall be parked or stored on the property.
(11)
No more than four passenger vehicles shall be permitted at the referenced property at any one time in connection with the conduct of the home-based business or regularly occurring activity.
(12)
The home-based business shall not cause parking or traffic congestion problems on the adjacent roadways or neighboring properties.
(13)
The home-based business shall be carried out by the occupant of the home; however, no more than two nonresidents may be employed and work on the property.
(14)
No display of products shall be visible from the street or the adjacent property.
(15)
Instruction in music, dancing and similar subjects shall be limited to two students at a time.
(16)
Only off-street parking facilities normal for residential use on the property shall be used.
(17)
Deliveries accepted shall be by United States Mail, UPS, Federal Express or other mail carrier. Semi-truck deliveries shall not be accepted more than once a month.
(19)
If a state or federal license is required for the home-based business, then a current and valid copy of said license shall be provided to the Village.
C.
Permitted home-based businesses. The following are hereby declared to be home-based businesses as intended by this section. It is recognized that it is neither possible nor practicable to list all of the home-based businesses that are compatible with those listed below, and therefore it is intended that the aforementioned list of home-based businesses be illustrative only. Any individual aggrieved by a failure to list a particular home-based business in this section shall have the right to file a petition with the Zoning Administrator for a determination as to the similarity of the intended home-based business with the home-based businesses listed below.
(1)
Artists, sculptors or photographers.
(2)
Arts and crafts.
(3)
Bookkeeping or tax preparer.
(4)
Classes of instruction in areas such as music and dance, provided that no more than two students are on the premises at any one time.
(5)
Child or adult care with eight or fewer children or adults in the A-2, A-3, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, R-7, R-8, R-12 and C-2 Districts, subject to obtaining any required state permits/licenses.
(6)
Dressmaker or seamstress.
(7)
Hairdresser, provided that no more than two patrons are on the premises at any one time.
(8)
Manicure/pedicure, provided that no more than two patrons are on the premises at any one time.
(9)
Office facilities of a salesman, sales representative, or manufacturer representative, provided that no retail or wholesale transactions are made in person on the premises.
(10)
Office facilities of an accountant, architect, writer, attorney, broker, engineer, insurance agent, interior designer, land surveyor, marketing analyst, or word processor or real estate sales.
(11)
Office facilities of a minister, rabbi, priest, or other clergy.
(12)
Office facilities to repair electronic and communication equipment.
(13)
Telephone or mail order (including Internet sales).
(14)
Telemarketing.
(15)
Transcriber.
(16)
Sales and distribution of products manufactured on or off the premises where the marketing of said products is through home-oriented sales on an appointment basis only.
D.
Prohibited home-based businesses/home occupations. The following are hereby declared to be prohibited home-based businesses. It is recognized that it is neither possible nor practicable to list all of the home-based businesses that are prohibited, and therefore it is intended that the aforementioned list of home-based businesses be illustrative only.
(1)
Restaurants/taverns.
(2)
Clinics.
(3)
Construction businesses with outdoor storage.
(4)
Kennels.
(5)
Sale of explosives or fireworks.
(6)
Tattoo parlors.
(7)
Taxidermy.
(8)
Massage therapists.
(9)
Repair, service or restoration of motor vehicles.
(10)
Any permitted uses listed within the manufacturing districts of this chapter.
E.
The property shall be subject to periodic inspections to verify compliance with the home-based business license.
§ 420-42 Non-home-based business.
Intent. It is the intent of this section to require a business license for any business located within any business, manufacturing, institutional, park and recreational, planned development and for certain uses in the agricultural zoning districts. To clarify, a business license is specifically required for the following commercial uses within agricultural districts: boarding and riding stables (commercial); contract sorting (commercial), grading and packaging of fruits and vegetables (commercial); orchards (commercial); plant nurseries (commercial retail sales); greenhouses for the retail sales of plants and flowers (commercial retail sales); kennels; landscaping (commercial); veterinarian offices and veterinarian emergency services offices. A business license is also required for community living arrangements within any zoning district pursuant to this section. Approved temporary uses pursuant to § 420-140.1 of this chapter are exempt from obtaining a business license. Commercial communications structures and their tenants, transmission lines, electric power substation or gas metering substation, utility substations and wind energy conversion systems and cemeteries are exempt from this section.
A.
Requirements.
(1)
The licensed use shall be a legal use allowed within the underlying zoning district or shall be a legal nonconforming use as defined in this chapter.
(2)
A valid certificate of occupancy/compliance shall have been issued by the Village for the business activity to occur on the property or within a portion of the property.
B.
The licensed address shall be subject to periodic inspections to verify compliance with the Village ordinances.
§ 420-43 Annual business licenses required.
A.
Initial licenses.
(1)
All existing home-based or non-home-based businesses in the Village as of December 1, 2016, will receive an initial application for a Village business license that shall be returned with the fee pursuant to § 420-29 of this chapter by January 15, 2017. Every year following, the business shall renew this license pursuant to Subsection B below.
(2)
Any new home-based business shall complete the business license application and submit the required fee pursuant to § 420-29 for Village review to ensure compliance with this chapter.
(3)
Any new non-home-based business requesting to obtain an occupancy permit from the Village shall complete the business license application and submit the required fee pursuant to § 420-29 of this chapter at the same time that the required building permit application is submitted for review to ensure compliance with this article.
(4)
Upon receipt of a completed application, the Village will provide the applicant with an annual business license.
(5)
An annual business license (valid during the calendar year) will be electronically provided to the applicant to print and shall be kept on file at the business to provide as proof of the required license if requested by the Village.
(6)
A business license issued pursuant to this section is nontransferable.
B.
Renewal of license.
(1)
On or about November 15 of each year, the Village will send a business license renewal notice via regular mail or electronically to each active home-based and non-home-based business within the Village. Failure to receive notice does not preclude the business from the requirement to renew the license.
(2)
The renewal application and renewal fee pursuant to § 420-29 of this chapter shall be submitted to the Village on or before January 15 of every year. If the business fails to renew the license by January 15 of each year, then a late fee will be assessed and the business may be subject to further zoning violations, forfeitures or fines.
(3)
When a business is no longer operating at the location as identified on the previous year's license, written notification shall be provided to the Village Community Development Department. If the business relocates to a new location in the Village, a new business license will be required since a business license is nontransferable.
C.
Notice of change. Any expanded home-based or non-home-based business shall submit the applicable business license application and fee pursuant to § 420-29 of this chapter at the time the required building permit application is submitted for the expanded use. An expanded home-based or non-home-based business is one that modifies its business operations in such a manner which increases its building square footage or involves remodeling or renovations so as to require the issuance of a building permit; or where there is a change in ownership and other contact information for the business; or which commences a new business activity that would substantially modify or change the total full-time, part-time or seasonal employment of the business, which in turn may impact the business site by blocking building exiting areas, causing restrictions to the emergency access or fire lane access, or by causing vehicles to park in nondesignated parking areas or on the adjacent roadways.
D.
Open records requests for personally identifiable information. As part of the business license application, the Village may collect the names, addresses, phone numbers, emails, and other personally identifiable information for owners and emergency contacts of businesses in the Village. That information will enable the Village to quickly communicate with businesses in the event of an emergency or other circumstances requiring an immediate response. The Village recognizes that any personally identifiable information gathered may be a record subject to requests and disclosure under § 19.35, Wis. Stats. The Village has determined, in addition to the general presumption of disclosure, that the following public interests will affect all requests for personally identifiable information gathered in business license applications: 1) no public interests generally favor disclosure; 2) the public interest in preserving the privacy of private employees and business owners weighs against disclosure; and 3) the Village favors nondisclosure of the information to encourage more business license applicants to provide the Village with the requested contact information. The Village directs the custodian in charge of its records to balance these interests, as well as any other public interests that may apply to a particular request, when determining whether to release or withhold personally identifiable information from business license applications.