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HomeMy WebLinkAboutSR - 2026-008 Zoning Amendment w Redline1 Town of Barnstable Planning and Development Department Staff Report Proposed Zoning Amendment Parking Requirements Zoning Amendment Town Council Item No. 2026-008 Date: September 18, 2025 To: Planning Board Members From: Jim Kupfer, AICP, Director of Planning and Development Kyle Pedicini, Assistant Director of Planning and Development A proposal to amend the Town of Barnstable Zoning, Chapter 240, by repealing and replacing Section 240- 46, Home Occupation with a New Section 240-46 Home Occupation that Adds Defitinitions, Licensing Requirements and Makes certain Other Revisions, has been submitted by the Town Council President. The proposed zoning amendment has completed a first read at Town Council and subsequently has been forwarded to the Planning Board for review. The Planning Board must forward an advisory report with recommendations on the proposed amendment back to the Town Council within 21 days after close of the Board’s hearing. The Town Manager’s office has established a Town of Barnstable Quality of Life working group. This working group has been established to discuss and improve enforcement matters as it relates to policies, procedures, and communication to the community. The working group meets monthly and is made up of various applicable departments. The working group has begun to refine recommendations and next steps to improve enforcement matters in the Town of Barnstable. One priority identified by the working group is the desire to limit commercial activity in residential neighborhoods. The recommended approach to improve this concern is an amendment to Chapter 240 Zoning Article V Section 240-46, Home Occupation. This amendment seeks to improve enforcement policy and procedures by establishing a required home occupation license for all home occupations and refine certain conditions to limit home occupations that may create a nuisance in a residential neighborhood. The intent of the proposed zoning amendment is to improve compliance of all home occupations and limit impacts of a home occupation in residential zones in order to prevent the disruption of traffic and to maintain the character and appearance of residential neighborhoods. Procedural Information Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5. The Planning Board must forward an advisory report with recommendations on the proposed zoning amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation of the Planning Board requires a simple majority of the Planning Board members present and voting. Approval of zoning amendments by the Town Council requires a super-majority (2/3) vote. Enclosed attachment ▪ Order/Rationale for Proposed Amendment with Proposed New Ordinance Page 85 of 127 B. NEW BUSINESS (First Reading) (Refer to Planning Board) BARNSTABLE TOWN COUNCIL ITEM# 2026-008 INTRO: 07/17/2025, 08/21/2025 2026-008 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I GENERAL ORDINANCES, CHAPTER 240 ZONING, ARTICLE V ACCESSORY USES, BY REPEALING AND REPLACING SECTION 240- 46, HOME OCCUPATION WITH A NEW SECTION 240-46 HOME OCCUPATION THAT ADDS DEFINITIONS, LICENSING REQUIREMENTS AND MAKES CERTAIN OTHER REVISIONS It is hereby ORDERED as follows: SECTION 1 That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article V Accessory Uses, is hereby amended by deleting Section 240-46, Home Occupation in its entirety and inserting the following new Section 240-46, Home Occupation in its place: “§ 240-46 Home Occupation A. Intent. It is the intent of this section to allow the residents of the Town of Barnstable to operate a Home Occupation within a dwelling, subject to the requirements and licensing provisions of this section, provided that: the Home Occupation shall not be discernible from outside the dwelling except as provided herein; the Home Occupation shall not create any noise or odor; there shall be no visible alteration to the premises which would suggest anything other than a residential use; there shall be no increase in traffic above normal residential volumes; and there shall be no increase in air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Vehicle – Any vehicle that meets the definition of “Commercial Plates Required Vehicle” as set forth in 540 CMR 2.05(3). Contractor’s Storage Yard – Keeping of materials in trade outdoors, such as: lumber, granite, windows and other such bulk materials, including, but not limited to, stone, gravel, mulch and firewood beyond the limits of personal use. Home Occupation – A business with a primary business address located within a residence or on a residential property. Home Occupation License – A license issued to a Responsible Party permitting that individual to have a Home Occupation within their residence or on their residential property. Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or over. Page 86 of 127 Park-and-Ride – a location at which drivers leave their vehicles to get into another vehicle to go to another location. Responsible Party – Any individual in possession of a Home Occupation License issued by the Town of Barnstable. Trailer – any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in combination with, a motor vehicle. C. A Home Occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) The Home Occupation activity is conducted by a permanent resident of a dwelling unit, and such activity is located within that dwelling unit or within an accessory structure located on the same lot, subject to the limitations herein. (2) Such use is clearly incidental to and subordinate to the principal use of the premises for residential purposes. (3) A Home Occupation shall require a Home Occupation License issued by the Building Commissioner or his designee. (4) Any vehicle associated with the Home Occupation and which meets the definition of Commercial Vehicle shall display a commercial registration number plate as required by 540 CMR 2.05. (5) Such use occupies no more than 20% of the gross square footage of the dwelling unit, including office and storage areas combined, unless relief is granted by special permit as provided by Subsection (E)(1)(a) below. Such use within an accessory structure shall occupy no more than 200 square feet unless relief is granted by special permit as provided by Subsection (E)(1)(e) below. (6) There are no external alterations to the dwelling which are not customary in residential buildings, and there is no outside evidence of such use except as provided herein. (7) The use is not detrimental to the neighborhood and its residential character. (8) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from a residential use, considering volume, hours, vehicle types and other traffic characteristics, including, but not limited to, an increase of traffic and/or presence of vehicles due to frequent pick-up or drop-off of equipment, materials or supplies. (9) The use shall not create or produce excessive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects. (10) There is no storage or use of toxic or hazardous materials, oil, or flammable or explosive materials in excess of normal household quantities. (11) Any need for parking generated by such use shall be met on the premises containing the Home Occupation, but not on grass, lawn or landscaping. Parking associated with the Home Occupation shall not displace resident vehicles into the roadway. (12) All supplies, materials and equipment associated with the Home Occupation shall be kept in a garage, shed or other enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. Page 87 of 127 (13) There are no vehicles associated with the Home Occupation, other than one Commercial Vehicle not to exceed one-ton capacity, and one trailer not to exceed 20 feet in length and not to exceed four tires, parked on the premises containing the Home Occupation. (14) If more than one Home Occupation is licensed, any additional Commercial Vehicle and/or trailer associated with the second Home Occupation may be parked on the premises only by special permit as set forth in Subsection E(1). Except as authorized under Subsections C(13) and E(1), any Commercial Vehicles or trailers associated with the Home Occupation(s) must be located off-premises at a storage facility or other private property. (15) No sign shall be displayed indicating the Home Occupation. (16) If the Home Occupation is listed or advertised as a business, the street address shall not be included. (17) No more than one non-resident employee may be employed on the premises of a Home Occupation, except pursuant to a special permit in accordance with Subsection (E)(1)(c) below. (18) The property on which the Home Occupation is located shall not serve as a Park and Ride. (19) There shall be no more than two (2) Home Occupations licensed on the premises. (20) Home occupations shall not include such uses similar to and/or including the following: (a) Barber and beauty shops. (b) Commercial stables or kennels. (c) Offices which provide public access, provided that offices that are used only for administrative purposes shall be permitted. (d) The sale of retail or wholesale merchandise from the premises, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection (C)(5) above. (e) The sale of antique or secondhand goods, with the exception of online or mail order sales. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection C(5) above. (f) Service or repair of vehicles, and gasoline- or diesel-powered machinery. (g) Contractor's storage yards. (h) Veterinary services. (i) The manufacture of goods using heavy machinery. (j) Medical or dental practice. (k) Fortune-telling or palm reading. D. Home Occupation License. Applicants shall be required to receive a Home Occupation License from the Building Commissioner or his designee for each Home Occupation located within a residence or on a residential property. Page 88 of 127 (a) All Responsible Parties shall make application to renew their Home Occupation Licenses annually. Renewals are subject to approval and may be withheld for violations of the Barnstable Town Code, including, but not limited to, the requirements set forth in this Section. (b) A Home Occupation License shall be for a term of one (1) calendar year, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. (c) Home Occupation Licenses shall include, at a minimum, the following information: A license number, name and photo of the Responsible Party; the location of the Home Occupation; license plate numbers of all commercial vehicles associated with the Home Occupation; telephone number of the Responsible Party; email address of the Responsible Party; and location of off-premises parking associated with the Home Occupation. (d) A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: i. Violation of any of the provisions of this Section. ii. Providing false information in any application associated with the Home Occupation. iii. Parking business-associated vehicles in violation of what is allowed by this Section. iv. Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). v. Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. (e.) A Responsible Party aggrieved by a decision by the Building Commissioner pursuant to this Subsection D may appeal to the Zoning Board of Appeals within thirty (30) days of the decision. Appeals to the Zoning Board of Appeals shall be delivered in accordance with Massachusetts General Laws c. 40A § 15. E. Home Occupation by special permit. The Zoning Board of Appeals may allow by special permit, subject to the provisions of § 240-125C herein, a Home Occupation subject to the specific standards for such conditional uses as required in this Section: (1) Home Occupations shall comply with all of the requirements of Subsection C(1) through C(20) above, except the Zoning Board of Appeals may allow by special permit the following waivers from the requirements of Subsection C above: (a)The Zoning Board of Appeals may allow an activity to exceed 20% of a dwelling’s gross square footage but at no time shall allow a Home Occupation to occupy more than 40% of a dwelling’s gross square footage. (b)The Zoning Board of Appeals may allow one nonilluminated wall sign not exceeding two square feet in area. (c) The Zoning Board of Appeals may allow more than one nonresident employee to be employed on the premises of a Home Occupation but at no time shall a Home Occupation allow for more than two nonresidents of the household to be employed on the premises at the same time. (d) Home Occupations shall not include the uses listed in Subsection C(20) above. However, the Zoning Board of Appeals may allow activities that may not be customary within a dwelling, provided that the activity meets the intent as specified herein. (e) The Zoning Board of Appeals may allow a Home Occupation to be located within an accessory structure which may occupy greater than 200 square feet of the accessory structure, on the same lot as the principal residential dwelling unit occupied by the applicant; provided that at no time shall the use within the accessory structure occupy an area within an accessory structure Page 89 of 127 that is greater than 25% of the gross square footage of the principal residential dwelling unit occupied by the applicant. (f) An additional commercial vehicle and/or trailer associated with a second Home Occupation. (2) Home Occupations requiring a special permit shall require Article IX, Site Plan Review. (3) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his or her residence with the Home Occupation and shall not be transferable to another person or to another location.” SECTION 2 This Order shall take effect ninety (90) days after passage. SPONSOR: Mark S. Ells, Town Manager DATE ACTION TAKEN _________ _________________________________________ _________ _________________________________________ ____ Read Item ____ Motion to Open Public Hearing ____ Rationale ____ Public Hearing ____ Close Public Hearing ____ Council Discussion ____ Vote Page 90 of 127 BARNSTABLE TOWN COUNCIL ITEM# 2026-008 INTRO: 07/17/2025, 08/21/2025 SUMMARY TO: Town Council FROM: Mark S. Ells, Town Manager THROUGH: James Kupfer, Director, Planning & Development Department DATE: July 17, 2025 SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article V Accessory Uses, by repealing and replacing Section 240-46, Home Occupation with a new Section 240-46 Home Occupation that adds definitions, licensing requirements and makes certain other revisions RATIONALE: The Town Manager’s office has established a Town of Barnstable Quality of Life working group. This working group has been established to discuss and improve enforcement matters as it relates to policies, procedures, and communication to the community. The working group meets monthly and is made up of various applicable departments. The working group has begun to refine recommendations and next steps to improve enforcement matters in the Town of Barnstable. One priority identified by the working group is the desire to limit commercial activity in residential neighborhoods. The recommended approach to improve this concern is an amendment to Chapter 240 Zoning Article V Section 240-46, Home Occupation. This amendment seeks to improve enforcement policy and procedures by establishing a required home occupation license for all home occupations and refine certain conditions to limit home occupations that may create a nuisance in a residential neighborhood. The intent of the proposed zoning amendment is to improve compliance of all home occupations and limit impacts of a home occupation in residential zones in order to prevent the disruption of traffic and to maintain the character and appearance of residential neighborhoods. FISCAL IMPACT: The enforcement of this proposed ordinance will require additional staffing for the Inspectional Services Department along with funding for equipment and operating expenses. The estimated budget is approximately $175,000 annually (excluding benefits), which includes two full-time staff: one administrative position and one field Inspector. A new annual licensing fee will be proposed to cover the cost of enforcing this ordinance. Not including existing home occupation businesses, which are estimated to be in the thousands, Barnstable receives between 500 and 1,000 new home occupation applications each year. An annual license fee of $200 could provide funding for the direct operating costs of enforcing this proposed ordinance. These funding requests will be brought forward as separate agenda items. TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, supports this item. STAFF SUPPORT: Andy Clyburn, Assistant Town Manager, James Kupfer, Director of Planning and Development; Brian Florence, Building Commissioner; Karen L. Nober, Town Attorney; Allison Cogliano, Assistant Town Attorney