Winthrop Harbor City Zoning Code

HOME OCCUPATIONS

§ 154.310 PERMIT.

Applications for the approval of major home occupations shall be processed and authorized in the same manner as applications for a special use permit as set forth in §§ 154.281 and 154.282. A public hearing shall be held on all applications for the approval of a major home occupation in accordance with § 154.294, but only after the publication of a notice as required by § 154.295. The Plan Commission may recommend and the Board of Trustees may impose such conditions or restrictions upon the major home occupation as shall be deemed necessary to secure the general objectives of this chapter and to protect the value of property in the neighborhood.

(Ord., passed 2-18-64)

§ 154.311 PURPOSE.

The purpose of the home occupation provisions is to allow for home occupations that are compatible with the neighborhood in which they are located. The provisions contained in this subchapter shall supercede any provisions to the contrary found elsewhere in the zoning code.

(Ord., passed 2-18-64)

§ 154.312 PERMIT PROCEDURES.

Home occupations complying with the criteria established in § 154.314 shall be considered minor in character and permitted by right with no permit required. Major home occupations shall commence only after the receipt of a special use permit as outlined in § 154.310.

(Ord., passed 2-18-64)

§ 154.313 CRITERIA FOR MAJOR HOME OCCUPATIONS.

Uses classified as major shall be considered special uses and administered according to § 154.310. Further, major home occupation shall be encouraged in neighborhoods in transition from one land use to another and high-density neighborhoods such as R-3 and R-4 Residential. Pure single-family neighborhoods should, in general, be protected from major home occupations, unless it can be specifically demonstrated that such a use will have no short- or long-term negative impact on the neighborhood. To this extent, the following regulations shall apply to all major home occupations.

(A) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.

(B) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, or vibrations.

(C) The total area used for such purposes (including storage) shall not exceed the equivalent of one- half of the floor area, in square feet, of the first floor of the user's dwelling unit, if any; otherwise, the main floor of the dwelling unit.

(D) There shall be no signs present on the property except for one wall sign, not to exceed one square foot, indicating the address and the occupant's name; for example, Joe Doe - Accountant.

(E) There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that incidental retail sales may be made in connection with other permitted home occupants; for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

(F) There shall be no exterior storage on the premises of material used in the home occupation nor of any highly explosive or combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(G) A home occupation, including studios or rooms for instruction, shall provide additional off-street parking area reasonably adequate to accommodate needs created by the home occupation of not less than one parking space for each 300 square feet of floor area devoted to the home occupation.

(H) Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

(I) Parties for the purpose of selling merchandise or taking orders shall not be held more often than four times each month.

(J) Notwithstanding any provisions contained herein to the contrary, garage, basement, yard, or other similar sales shall be permitted not more than once each month, and each sale shall not last more than 72 consecutive hours.

(K) Permitted major home occupations shall include but are not necessarily limited to the following:

(1) Any use allowed as a minor home occupation;

(2) Single-chair beauty parlors and barber shops;

(3) Photo developing;

(4) Organized classes with up to six students at one time;

(5) Television and other electrical repairs excluding major appliances such as refrigerators or storage;

(6) Small engine repairs, excluding major automobiles, motorcycles, and snowmobiles;

(7) Upholstering;

(8) Dressmaking;

(9) Woodworking excluding cabinet making; and

(10) Day care facilities caring for more than three children.

(L) The following uses, by the nature of the investment or operating, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes and are more suited to professional or business districts. Therefore, the uses specified below shall not be permitted as home occupations:

(1) Minor or major auto repair, painting of vehicles, trailers, or boats;

(2) Funeral chapel or home;

(3) Gift shops;

(4) Medical or dental clinics;

(5) Rental businesses;

(6) Catering;

(7) Photo studios;

(8) Massage parlors; and

(9) Welding or machine shops

(Ord., passed 2-18-64)

§ 154.314 CRITERIA FOR MINOR HOME OCCUPATIONS.

Uses classified as minor shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all minor home occupations.

(A) The use shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no others.

(B) The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sound or vibrations that carry beyond the premises.

(D) There shall be no advertising, display, or other indication of a home occupation on the premises.

(E) There shall not be conducted on the premises the business of selling stocks or merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filed on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.

(F) No storage or display of goods shall be visible from outside this structure.

(G) No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

(H) A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(I) Parties for the purpose of selling merchandise or taking orders shall not be held more than four times each month.

(J) A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated.

(K) No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.

(L) Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than 72 consecutive hours.

(M) Deliveries from commercial suppliers may not be made more than once each week, and the deliveries shall not restrict traffic circulation.

(N) Permitted minor home occupations include, but are not necessarily limited to, the following:

(1) Artists and sculptors;

(2) Authors and composers;

(3) Home crafts for sale off-site;

(4) Office facility of a minister, rabbi, or priest;

(5) Office facility of a salesman, sales representative, or manufacturer's representative provided that no transactions are made in person on the premises;

(6) Professional office facilities;

(7) Individual tutoring;

(8) Preserving and home cooking for sale off-site;

(9) Individual instrument instruction provided that no instrument may be amplified;

(10) Telephone solicitation work; and

(11) Family day home care not involving more than three children.

(O) The following uses by the nature of the investment or operating have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as minor home occupations:

(1) All uses prohibited as major home occupations;

(2) Minor or major auto repair;

(3) Barber shop;

(4) Carpentry work;

(5) Dance instruction;

(6) Dental offices;

(7) Medical offices;

(8) Painting of vehicles, trailers, or boats;

(9) Photo developing, photo studios;

(10) Private schools with organized classes;

(11) Television repair;

(12) Upholstering;

(13) Beauty parlors;

(14) Massage parlors;

(15) Small engine repairs;

(16) Welding shop; and

(17) Other similar uses.

(Ord., passed 2-18-64)

§ 154.315 REVIEW BY BUILDING INSPECTOR.

(A) The Building Inspector shall review all known minor home occupations to make sure they are abiding by § 154.314. If a minor home occupation is not abiding by § 154.314, the Building Inspector shall issue a stop order under § 154.999.

(B) All major home occupations shall be notified by the Building Inspector of the provisions of § 154.310. If after 60 days, the major home occupant has not applied for a special use permit, the Building Inspector shall issue a stop order under § 154.999.