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Taylorville City Zoning Code

CHAPTER 11

HOME OCCUPATIONS

10-11-1: INTENT AND PURPOSE:

   A.   To protect residential areas from the adverse impacts that are sometimes associated with home occupations.
   B.   To maintain and preserve the character of residential neighborhoods.
   C.   To provide for the protection of the health, safety and welfare of all City residents.
   D.   To afford residents of the City, in certain circumstances, enumerated herein, a broad choice in the use of their home to produce or supplement personal and family income in our ever changing society.
   E.   To establish criteria and development standards for home occupations conducted in the dwelling units in residential districts. (Ord. 3081, 7-15-2002)

10-11-2: STANDARDS AND REGULATIONS:

No person shall operate a home occupation except in compliance with the following requirements:
   A.   The home occupation shall be conducted within a dwelling or any other accessory building approved by the City that meets all applicable codes adopted in Section 9-2-1 of this Code and shall be incidental to the use of the structure as a dwelling or accessory building.
   B.   There shall be no storage of equipment, vehicles or supplies associated with the home occupation outside the dwelling or approved accessory building.
   C.   There shall be no display or activity, including, but not limited to, the display of products that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling.
   D.   There shall be no change in the outside appearance of the dwelling wherein there is the conduct of a home occupation.
   E.   There shall be no sign or other evidence larger than one square foot that will indicate from the exterior that the building is being utilized for anything other than that of a dwelling or accessory building.
   F.   No one other than a permanent resident of the dwelling and a maximum of one other employee shall be employed in the conduct of the home occupation.
   G.   The use shall not generate additional pedestrian or vehicular traffic. Deliveries to the home occupation by the United States Postal Service, United Parcel Service, Federal Express, or any other licensed delivery service shall not exceed what would normally be expected in a residential district and shall only take place between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M.
   H.   The use shall not require additional off street parking spaces for clients or customers of the home occupation.
   I.   No home occupation shall cause an increase in the use of any one or more public utilities (water, sewer, electricity and garbage collection) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.
   J.   Except as otherwise stated herein, the home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed one ton, owned or operated by the resident of the dwelling, which shall be parked in an adequate off street parking area.
   K.   No motor power other than electrically operated motors shall be used in connection with a home occupation.
   L.   No home occupation shall produce or emit any noise, dust or particulate matter, glare, odors, noxious fumes, vibrations, smoke, heat, humidity or any other effect that unreasonably interferes with any person's enjoyment of his or her residence or property.
   M.   No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or cause fluctuations in line voltage off the premises. (Ord. 3081, 7-15-2002)
   N.   No home occupation shall be conducted between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M.; except that a home day care professional who is licensed by the Illinois Department of Children and Family Services, and who is otherwise eligible and has obtained a City home occupation permit to conduct a home occupation as a home day care professional under this Chapter, may conduct such home occupation between the hours of six o'clock (6:00) A.M. and eight o'clock (8:00) P.M. (Ord. 3832, 2-20-2018)

10-11-3: PROHIBITED HOME OCCUPATIONS:

   A.   Notwithstanding the above, the following activities may not be licensed as home occupations in accordance with this Chapter: any repair, modification and/or alteration of motorized vehicles, including the painting or repair of automobiles, trucks, trailers, and boats; animal hospitals; astrology, card reading, palm reading or fortune telling in any form; kennels; stables; bird keeping facilities; dancing schools; restaurants; unlicensed massage therapists; unlicensed catering/food preparation businesses; funeral chapels or homes; crematoria; mausoleums; medical or dental clinics; tattoo parlors; any business where body piercing is performed; public places of amusement; the sale of firearms or ammunition by an unlicensed firearms dealer; construction businesses or landscaping businesses that provide the outside storage of goods and materials to be utilized in the operation of the business or use; warehousing; washing vehicles; and welding or machine shops; provided, however, that nothing in this Chapter shall prohibit the performance of emergency medical services in a residential dwelling. (Ord. 3081, 7-15-2002)

10-11-4: ADMINISTRATIVE PROCEDURES:

   A.   Any person with intent to operate a home occupation must make application with the City Clerk. (Ord. 3081, 7-15-2002)
   B.   The application fee for a home occupation permit is twenty five dollars ($25.00) and must be paid at the time of the request. The fee for the first year shall be waived for those applicants applying within sixty (60) days of the effective date hereof. (Ord. 3209, 12-6-2004)
   C.   A permit for home occupation shall be valid for one year from the date of issuance. Any person can apply for another home occupation permit on an annual basis by making application with the City Clerk in accordance with the requirements of this Section, provided the home occupation continues to satisfy all of the requirements of this Chapter.
   D.   A permit for a home occupation or a special use permit to operate a home occupation shall be issued only to the applicant and is nontransferable.
   E.   The City's Health and Building Officer may deny issuance of a home occupation permit for noncompliance with the criteria set forth in this Chapter. Any appeal of the decision of the City's Health and Building Officer in regard to a denial of a home occupation permit shall be made to the Board of Appeals within thirty (30) days from the date of the denial of a home occupation permit. The Board of Appeals shall conduct a hearing, and shall either order a permit to be issued, or affirm its denial.
   F.   The home occupation applicant shall permit any reasonable inspection of the premises upon reasonable notice to the applicant by the City's Health and Building Officer and any other persons he or she deems necessary. If entry is refused, such permit shall be deemed immediately terminated.
   G.   Any person who violates any provision of this Chapter shall be punished in accordance with Section 10-9-8 of this Title. (Ord. 3081, 7-15-2002)

10-11-5: ENFORCEMENT:

   A.   If the City's Health and Building Officer determines that a violation is occurring or has occurred and has not been corrected, he shall send a notice to abate by certified mail to the permit holder at his or her last known address. The notice to abate shall describe the alleged violations and instruct the permit holder to abate all violations and bring the home occupation into compliance with this Chapter within ten (10) days from the date of the notice. The notice to abate shall state that if the permit holder fails to abate the violations that his or her permit may be revoked.
   B.   If the permit holder fails to abate the violations, the Health and Building Officer shall revoke the violator's permit. (Ord. 3081, 7-15-2002)

10-11-6: PERMIT TERMINATION:

Except as otherwise stated herein, a home occupation permit terminates at the time the applicant no longer occupies the premises. (Ord. 3081, 7-15-2002)

10-11-7: APPEALS:

Any person aggrieved by any order, requirement, decision or determination of the Health and Building Officer may appeal to the Board of Appeals pursuant to Section 10-9-4 of this Title. (Ord. 3081, 7-15-2002)