HomeMy WebLinkAboutHome occupation - Existing Ordinance§ 240-46. Home occupation. [Added 8-17-1995 by Order No. 95-195; amended 9-15-2022 by
Order No. 2023-011]
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 provisions of this section,
provided that the activity shall not be discernible from outside the dwelling except as
provided herein; there shall be no increase in noise or odor; no visible alteration to the
premises which would suggest anything other than a residential use; no increase in traffic
above normal residential volumes; and no increase in air or groundwater pollution.
B. A home occupation shall be permitted in all zoning districts as of right, subject to the
following conditions:
(1) The activity is conducted by a permanent resident of a dwelling unit, 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 use of the premises or occupants
for residential purposes.
(3) Such use occupies no more than 20% of the dwelling unit, including office and storage
areas combined, unless relief is granted by special permit as provided by Subsection
C(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 C(1)(f)
below.
(4) 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.
(5) The use is not objectionable or detrimental to the neighborhood and its residential
character
(6) 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.
(7) The use shall not involve the production of offensive noise, vibration, smoke, dust or
other particulate matter, odors, electrical disturbance, heat, glare, humidity or other
objectionable effects.
(8) There is no storage or use of toxic or hazardous materials, or flammable or explosive
materials, in excess of normal household quantities.
(9) Any need for parking generated by such use shall be met on the same lot containing the
customary home occupation, and not within the front yard.
(10) There is no exterior storage or display of materials or equipment.
(11) There are no commercial vehicles related to the home occupation, other than one van or
one pickup truck 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 same lot containing the home
Town of Barnstable, MA
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occupation. This section does not apply to residents of a dwelling who park take-home
work vehicles that are not registered to them and that do not have a home occupation
on-premises.
(12) No sign shall be displayed indicating the home occupation.
(13) If the home occupation is listed or advertised as a business, the street address shall not
be included.
(14) No more than one nonresident employee may be employed on the premises of a home
occupation, except pursuant to a special permit in accordance with Subsection C(1)(c)
below.
(15) Home occupations shall not include such uses similar to, and including the following:
(a) Barber- and beauty shops.
(b) Commercial stables or kennels.1
(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 B(3) 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 B(3) above.
(f) Service or repair of vehicles, and gasoline- or diesel-powered machinery.
(g) Contractor's storage yards. Contractor's storage yard includes the keeping of
materials in trade outdoors, such as: lumber, granite, windows and other such bulk
materials, including but not limited to stone, gravel, mulch, firewood, etc., beyond
the limits of personal use.
(h) Veterinary services.
(i) The manufacture of goods using heavy machinery.
(j) Medical or dental practice.
(k) Fortune-telling or palm reading.
C. 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 B(1) through
1. 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.
Town of Barnstable, MA
§ 240-46 § 240-46
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(11) above, except the Zoning Board of Appeals may allow by special permit the
following waivers from the requirements of Subsection B above.
(a) The Zoning Board of Appeals may allow an activity to exceed 20% of a dwelling's
gross floor area by special permit but at no time shall allow a home occupation to
occupy more than 40% of a dwelling's gross floor area.
(b) The Zoning Board of Appeals may allow one nonilluminated wall sign not
exceeding two square feet in area by special permit.
(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 greater than two nonresidents of the household to be
employed on the premises at the same time.
(d) The Zoning Board of Appeals may allow the parking of one work vehicle capable
of being operated under a Massachusetts Class B license related to the home
occupation by special permit. All parking generated by the use by special permit
shall be accommodated off-street, screened by a physical or natural barrier so not
to be seen from a public way.
(e) Home occupations shall not include the uses listed in Subsection B(15) 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.
(f) The Zoning Board of Appeals may allow a home occupation use 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 primary residential dwelling unit
occupied by the applicant. Such use within an accessory structure may occupy
greater than 200 square feet by special permit but at no time shall the use within
the accessory structure occupy an area within an accessory structure that is greater
than 25% of the square footage of the primary residential dwelling unit occupied
by the applicant.
(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, and shall not be transferable to another person, or to
another location.
Town of Barnstable, MA
§ 240-46 § 240-46
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