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O-99-05ORDINANCE NO. 0 -99- 0 5 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Published in pamphlet form this 1 st day of February , 1999 by the President and Board of Trustees of Deerfield. 1KS 218608 . I January 29, 1999 ORDINANCE NO. 0 -99- 0 5 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing to consider a certain text amendment to the Zoning Ordinance of the Village of Deerfield relative to home occupations; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence adduced, made written findings of facts and recommended a text amendment to the Zoning Ordinance of the Village of Deerfield to achieve the objective sought by the Applicant; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the recommendation of the Plan Commission will serve the best interests of the Village of Deerfield. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: SECTION That the existing Article 2.04 be deleted in its entirety and that a new ONE: Article 2.04 be included as part of the Zoning Ordinance of the Village of Deerfield, as amended, as follows: 2.04 CONTROL OVER SPECIFIC USES 2.04 -A Home Occupations There are permitted in all residential districts, home occupations which are businesses or occupations of the type which will be compatible with the character of the residential districts. Only those home occupations which will comply with the following standards, as well as all other regulations of the Village will be permitted: JKS 218608 . I January 29, 1999 ORDINANCE NO. 0 -99- 0-5' AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD 1. Standards A permitted home occupation is limited to a business, profession, occupation or trade that: a. Is conducted for gain or support by a member(s) of the family domiciled in the dwelling unit who is also domiciled in the dwelling unit; b. Is incidental and secondary to the use of such dwelling unit for dwelling purposes and the total area devoted to such home occupation shall not exceed 25. percent of the total habitable floor area of all permitted structures; and, C. Does not change the residential character of such dwelling unit or the neighborhood in which the property is located. 2. Employees a. The person conducting the home occupation shall be domiciled in the dwelling unit where such occupation is conducted. b. The maximum number of employees who work at the dwelling unit who are not domiciled in the dwelling unit shall not exceed two. "Employee" shall include anyone who comes to the residence to participate in the operation or conduct of the permitted home occupation but shall not ,include those persons such as vendors and service providers who come to the residence to perform a specific service or deliver goods in the furtherance of the home occupation. 3. General Limitations a. No alteration of any kind shall be made to the dwelling unit where a home occupation is conducted that would change its residential character as a dwelling unit. b. Public utility services of the type generally associated with non - residential uses such as electrical services in excess of 400 amps and transformers and JKS 218608 . I January 29, 1999 2 ORDINANCE NO. 0 -99 -05 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD switching equipment associated with telephone services shall not be allowed. C. No dwelling unit may be altered so as to provide a separate entrance for the home occupation. d. There shall be no special structural alterations, or construction features made to the dwelling or permitted accessory structures, nor shall the installation of special equipment attached to walls, floors, or ceilings be permitted. e. Where child day care is provided, a fenced outdoor play area is permitted in the rear yard only. 4. Operational Limitations a. No activity shall be conducted on a residential lot unless it is conducted wholly within a principal structure or a permitted accessory structure, except as specifically permitted in conjunction with child day care. b. Any wholesale, jobbing, or retail business which is conducted entirely by phone, mail, or by a parcel service which would typically deliver items to residences shall be permitted. C. No stock in trade shall be displayed or sold on the premises of any home occupation so that it is visible from the street or from adjacent properties. d. There shall be no signs, display, or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling. e. No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, emissions, odor or radiation outside the dwelling unit or any permitted accessory structure that is greater or more frequent than that typical of equipment used in connection with residential occupancy shall be used in connection with any home occupation. JKS 218608 . I January 29, 1999 3 ORDINANCE NO. 0 -99 -0 5 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD f. No outdoor storage shall be allowed in connection with any home occupation. g. No refuse in excess of the amount allowable for regular residential pickup shall be generated by any home occupation. h. Vehicles used in connection with any home occupation must be garaged when not being used in the occupation. When an automobile, pickup truck, or utility vehicle is used for both business and personal use, said vehicle need not be garaged if there is nothing on or about the vehicle which would indicate its business usage. i. In -home instruction may only be conducted by the resident of the dwelling unit. Attendance of a maximum of four persons at any one time shall be permitted. In -home instruction for more than four persons at any one time may not be established unless authorized pursuant to a Special Use permit. j. An in -home child day care facility serving more than four children may not be established unless authorized pursuant to a Special Use permit. Any use of an outdoor play area shall be supervised by the care provider. Children will not leave the day care provider's property unless supervised by an adult. 5. Signage and Visibility a. No sign shall advertise the presence or conduct of the home occupation except as otherwise required by law and permitted as allowed by Article 9, Signs. b. No home occupation shall be in any manner visible or apparent from any public or private street. 6. Traffic Limitations. No home occupation shall generate more traffic than, is typical of residences in the area. JKS 218608 . 1 January 29, 1999 4 ORDINANCE NO. 0 -99- 0 5 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD 7. Nuisance - causing Activities. In addition to the foregoing specific limitations, no home occupation shall cause any nuisance, be noxious, offensive or create traffic hazards in the public streets. 8. Licensing Requirements. Every home occupation shall be subject to applicable licensing and inspection requirements. 9. Prohibited Activities. Clinics, doctor and dentist offices, health care and rehabilitation facilities, barber and beauty shops, dress and millinery shops, tea rooms, restaurants, tourist homes, animal hospitals, manufacturing, motor vehicle repair business of any type, and any type of repair businesses which would alter the residential character of the dwelling unit, and any other type of occupation which would alter the residential character of the dwelling unit and/or the neighborhood in which it is located are prohibited. 10. Garage sales and home sales shall not be considered home occupations but shall be regulated as Temporary Uses in accordance with the provisions of Article 11, Temporary Uses and Structures. 11. A home occupation which exists lawfully at the time of the adoption of this Ordinance but which employs more than two employees shall become a nonconforming use subject to Article 10 of the Zoning Ordinance upon the adoption of this Ordinance. Such nonconforming home occupation may not be renewed after the person owning and operating the business ceases operating said home occupation. 12. To permit the continued operation of existing home occupations as described in the immediately preceding paragraph, the operator of any such business shall register the operation of said business with the Village of Deerfield in the manner provided by the Village no later than six months after the effective date of this Ordinance. Following registration the operator of any such business will be prohibited from increasing the number of employees at the dwelling in excess of the number then currently employed. 13. Where a home occupation lawfully exists at the time of the adoption of this Ordinance, and is classified by this Ordinance as a special use, such a home occupation shall be considered a lawful home occupation pursuant to Article 2.00- JKS 218608 . l January 29, 1999 5 ORDINANCE NO. 0 -99- 05 AN ORDINANCE AMENDING PORTIONS OF ARTICLE 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD C. Any Special Use authorizing a home occupation shall become null and void and may not be renewed after the person owning and operating the business ceases operating. SECTION That the Village Clerk is hereby directed to publish this Ordinance in TWO: pamphlet form. SECTION That this Ordinance shall be in full force and effect from and after its THREE: passage, approval and publication as provided by law. AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0). ABSENT: Heuberger (1) PASSED: This 1 st day of February A.D., 1999. APPROVED: This 1st day of February A.D., 1999. VILLAGE PRESIDENT ATTEST: JKS 218608 . 1 January 29, 1999 6