Des Plaines City Code Section 12-8-8 permits a home occupation as an accessory use of a dwelling unit so long as it is incidental and secondary to the residence, conducted entirely within the dwelling or accessory structures, and operated by a resident. The City's authority to confine business uses to designated districts comes from the Illinois zoning grant in 65 ILCS 5/11-13-1.
Under 65 ILCS 5/11-13-1 a municipality may 'classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses.' Des Plaines uses that power in Title 12, Chapter 8 (Accessory, Temporary, and Specific Use Regulations). Section 12-8-8 defines a home occupation as an accessory use of a dwelling unit for a gainful activity involving the provision, assembly, processing, or sale of goods and/or services that is incidental and secondary to the use of the dwelling unit. The operator must reside in the dwelling unit, and the home occupation must be conducted entirely within the principal dwelling or accessory structures. No outdoor display or storage of materials, goods, supplies, or equipment is permitted, and no toxic, explosive, flammable, radioactive, or other hazardous materials may be used, sold, or stored on site beyond quantities common to ordinary household use. Visitors connected with the home occupation (clients, patrons, pupils, salespersons) are not permitted between 9:00 P.M. and 6:00 A.M.
A home occupation that exceeds the Section 12-8-8 standards is no longer an allowed accessory use and may be ordered to cease. Enforcement is under Title 12, Chapter 4; the general penalty under City Code Section 1-4-1 is a fine of up to $750.00 per offense, with each day a separate offense.
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Des Plaines, IL
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