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HomeMy WebLinkAboutHome Occupation Ordinance Memo (6.29.26) 367 Main Street, Hyannis, MA 02601 (p) 508-862-4678 MEMORANDUM Date: June 29, 2026 To: Town Council Zoning and Regulatory Subcommittee From: Planning & Development Staff Re: Proposed Home Occupation Ordinance Since the last meeting of the Town Council Zoning and Regulatory Subcommittee, town staff have been working to advance edits to the Town’s home occupation ordinance. To better understand concerns and priorities of the subcommittee, members of the Town’s Building and Planning departments met with committee members to demonstrate how home occupation application reviews are currently conducted. Staff have since developed two draft versions of an amended home occupation ordinance. These drafts have been developed to reflect both feedback received at previous subcommittee meetings, and additional input from members in reaction to meeting with town staff. The first draft ordnance is a response to the comments received by the subcommittee and includes an additional requirement of site plan approval for home occupations that meet certain characteristics. This is intended to allow for a more robust staff review of relevant applications to determine if Special Permit approval is required. A second version was developed in response to some members expressing that Site Plan Review approval may not be required or appropriate for these applications. In this version applicants would instead be required to submit additional materials at application in writing to effectuate a detailed review by staff. Both versions include the same clarifying and housekeeping edits, such as introducing new definitions and establishing the requirement of a home occupation license for improved monitoring. Attached: • Existing home occupation ordinance • Draft amended home occupation ordinance – redlined (with Site Plan Review) • Draft amended home occupation ordinance – clean version (with Site Plan Review) • Draft amended home occupation ordinance – redlined (without Site Plan Review) • Draft amended home occupation ordinance – clean version (without Site Plan Review) Town of Barnstable Department of Planning & Development https://www.townofbarnstable.us/Departments/planninganddevelopment/ Page 1 of 28 § 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 Downloaded from https://ecode360.com/BA2043 on 2026-06-29 Page 2 of 28 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 Downloaded from https://ecode360.com/BA2043 on 2026-06-29 Page 3 of 28 (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 Downloaded from https://ecode360.com/BA2043 on 2026-06-29 Page 4 of 28 § 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 provisions of this section, provided that the activities related to such Home Occupationy shall not be discernible from outside the dwelling, except as provided herein; there shall be nodoes not increase in noise or odor,; does not involvedno visible alterations to the premises which wouldthat suggest anything other than a residential usea use other than residential,; does not generateno increase in traffic above beyond normal residential volumes; and no does not increase in air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or older. Commercial Stable – A property, building, or land used to house, board, train, or rent out horses for financial gain or commercial purposes. Commercial Vehicle – Any vehicle associated with a Home Occupation 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. Front Yard - The open, unoccupied space on a lot that extends across the full width of the property, situated between the principal building (front building line) and the front lot line adjacent to the street. Home Occupation –Business activity conducted within a dwelling unit or accessory structure that is incidental and subordinate to the primary residential use of the premises and meets the Home Occupation requirements contained this Ordinance. 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. 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 that is associated with a Home Occupation. Page 5 of 28 B.C. A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) There is no other Home Occupation within the dwelling unit, except for as provided in Subsection E(3). (2) The Home Occupation is conducted by the owner of the premises where the Home Occupation is located, or by a residential tenant with written authorization from the owner to engage in the Home Occupation. The Home Occupation is clearly incidental and subordinate to the principal residential use of the premises. (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) A Home Occupation shall require a Home Occupation License issued by the Building Commissioner or his/her designee. (4) Any vehicle associated with the Home Occupation that meets the definition of Commercial Vehicle above shall display a commercial registration number plate as required by 540 CMR 2.05. A Home Occupation with a Commercial Vehicle associated with it shall require approval pursuant to Subsection E. (3)(5) 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)F(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)F(1)(f) below. (4)(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. (5) The use is not objectionable or detrimental to the neighborhood and its residential character (6)(7) Traffic associated with the Home Occupation 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, or the presence of vehicles associated with the Home Occupation. 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)(8) 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 effects not ordinarily associated with residential use that produce negative impacts on the neighborhood, consistent with the Intent section above.or other objectionable effects. (8)(9) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. Page 6 of 28 (9)(10) No vehicles associated with the Home Occupation shall park on the street or within the Front Yard, as defined above. 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)(11) All supplies, materials and equipment associated with the Home Occupation shall be stored in an enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. Except as authorized under Subsection E(2).There is no exterior storage or display of materials or equipment. Page 7 of 28 (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 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) All outdoor lighting associated with the home occupation shall be fully shielded and directed downward to prevent glare. (12)(13) No sign shall be displayed indicating the home occupation. (13)(14) If the home occupation is listed or advertised as a business, the street address shall not be included. (15) All employees associated with the Home Occupation reside on the premises, except for as provided in 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)F(1)(c) below. (14)(16) The property on which the Home Occupation is located shall not serve as a Park and Ride. (15)(17) Home occupations shall not include such uses similar to, and including the following: (a) (b) Barber- and beauty shops. Commercial stables or kennels. [1] [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. (c) (d) (e) (f) (g) (h) (i) (j) (k) Offices which provide public access, provided that offices that are used only for administrative purposes shall be permitted. 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. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection C(5) above, except as exempted in Zoning Ordinance 240-8 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 BC(53) above. Service or repair of vehicles, and gasoline- or diesel-powered machinery. 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. Veterinary services. The manufacture of goods using heavy machinery. Medical or dental practice. Page 8 of 28 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/her designee for each Home Occupation located within a residence or on a residential property. (1) All Responsible Parties shall make application to renew their Home Occupation Licenses every three (3) years. 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. (2) Home Occupation License shall be for a term of three (3) calendar years, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. (3) 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. (4) A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: Violation of any of the provisions of this Section. (a) Providing false information in any application associated with the Home Occupation. (b) Parking business-associated vehicles in violation of what is allowed by this Section. (c) Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). (d) Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. (5) 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 requiring Site Plan Approval. Home occupations that meet the criteria listed in Section C, but have special characteristics listed below, shall require Article IX, Site Plan Review, before a Home Occupation License can be issued for the property. Special characteristics requiring Site Plan Review approval for a home occupation are the following: (1) The Applicant proposes parking a commercial vehicle or trailer on the property where the Home Occupation is located. Any such commercial vehicle or trailer shall not exceed one-ton capacity or 20 feet in length, and shall have no more than four tires. (2) Keeping of materials or equipment in trade outdoors. Materials must be properly screened with either fencing or vegetation so that materials and/or equipment are not Page 9 of 28 Town of Barnstable, MA § 240-46 § 240- 46 Downloaded from https://ecode360.com/BA2043 on 2026- 05-22 visible from the public view, and adhere to applicable setback standards for the relevant zoning district to limit impacts to noise, odor, or other impacts from non- residential uses on a residential area. Materials or equipment shall not be located within the setbacks required by the residential zoning district the Home occupation is located in. All materials or equipment associated with the Home occupation are prohibited from locating in the front yard. (3) A Home Occupation already exists within the dwelling, but in no event may more than two Home Occupations be licensed on the same dwelling at the same time. (4) At the discretion of the Building Commissioner, if the Commissioner determines that the proposed use is unclear and/or impacts of use cannot clearly be defined at time of Home Occupation license request. C.F. 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)C(1) through (1118) 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)(c) Home occupations shall not include the uses listed in Subsection B(15)C(17) 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. (d) 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 Page 10 of 28 Town of Barnstable, MA § 240-46 § 240- 46 Downloaded from https://ecode360.com/BA2043 on 2026- 05-22 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 isprovided that at no time shall 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. (f)(e) An additional commercial vehicle or trailer associated with a Home Occupation. At no time shall there be more than two total commercial vehicles and/or trailers associated with Home Occupations permitted on the property. (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. (4) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his/her residence, and shall not be transferable to another person or location. Page 11 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 § 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 or accessory structure, subject to the provisions of this section, provided that, activities related to such Home Occupation is not discernible from outside the dwelling, does not increase noise or odor, does not involve visible alterations that suggest a use other than residential, does not generate traffic beyond normal residential volumes, and does not increase air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or older. Commercial Stable – A property, building, or land used to house, board, train, or rent out horses for financial gain or commercial purposes. Commercial Vehicle – Any vehicle associated with a Home Occupation 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. Front Yard - The open, unoccupied space on a lot that extends across the full width of the property, situated between the principal building (front building line) and the front lot line adjacent to the street. Home Occupation –Business activity conducted within a dwelling unit or accessory structure that is incidental and subordinate to the primary residential use of the premises and meets the Home Occupation requirements contained this Ordinance. 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. 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 that is associated with a Home Occupation. Page 12 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 C. A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) There is no other Home Occupation within the dwelling unit, except for as provided in Subsection E(3). (2) The Home Occupation is conducted by the owner of the premises where the Home Occupation is located, or by a residential tenant with written authorization from the owner to engage in the Home Occupation. The Home Occupation is clearly incidental and subordinate to the principal residential use of the premises. (3) A Home Occupation shall require a Home Occupation License issued by the Building Commissioner or his/her designee. (4) Any vehicle associated with the Home Occupation that meets the definition of Commercial Vehicle above shall display a commercial registration number plate as required by 540 CMR 2.05. A Home Occupation with a Commercial Vehicle associated with it shall require approval pursuant to Subsection E. (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 F(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 F(1)(f) 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) Traffic associated with the Home Occupation 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, or the presence of vehicles associated with the Home Occupation. (8) 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 effects not ordinarily associated with residential use that produce negative impacts on the neighborhood, consistent with the Intent section above. (9) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. (10) No vehicles associated with the Home Occupation shall park on the street or within the Front Yard, as defined above. (11) All supplies, materials and equipment associated with the Home Occupation shall be stored in an enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. Except as authorized under Subsection E(2). (12) All outdoor lighting associated with the home occupation shall be fully shielded and directed downward to prevent glare. (13) No sign shall be displayed indicating the home occupation. (14) If the home occupation is listed or advertised as a business, the street address shall not Page 13 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 be included. (15) All employees associated with the Home Occupation reside on the premises, except for as provided in Subsection F(1)(C). (16) The property on which the Home Occupation is located shall not serve as a Park and Ride. (17) The following uses shall not be permitted as Home occupations: (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, except as exempted in Zoning Ordinance 240-8 (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. Page 14 of 28 Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2026-05-22 D. Home Occupation License. Applicants shall be required to receive a Home Occupation License from the Building Commissioner or his/her designee for each Home Occupation located within a residence or on a residential property. (1) All Responsible Parties shall make application to renew their Home Occupation Licenses every three (3) years. 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. (2) Home Occupation License shall be for a term of three (3) calendar years, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. (3) 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. (4) A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: Violation of any of the provisions of this Section. (a) Providing false information in any application associated with the Home Occupation. (b) Parking business-associated vehicles in violation of what is allowed by this Section. (c) Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). (d) Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. (5) 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. Page 15 of 28 Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2026-05-22 E. Home occupation requiring Site Plan Approval. Home occupations that meet the criteria listed in Section C, but have special characteristics listed below, shall require Article IX, Site Plan Review, before a Home Occupation License can be issued for the property. Special characteristics requiring Site Plan Review approval for a home occupation are the following: (1) The Applicant proposes parking a commercial vehicle or trailer on the property where the Home Occupation is located. Any such commercial vehicle or trailer shall not exceed one-ton capacity or 20 feet in length, and shall have no more than four tires. (2) Keeping of materials or equipment in trade outdoors. Materials must be properly screened with either fencing or vegetation so that materials and/or equipment are not visible from the public view, and adhere to applicable setback standards for the relevant zoning district to limit impacts to noise, odor, or other impacts from non-residential uses on a residential area. Materials or equipment shall not be located within the setbacks required by the residential zoning district the Home occupation is located in. All materials or equipment associated with the Home occupation are prohibited from locating in the front yard. (3) A Home Occupation already exists within the dwelling, but in no event may more than two Home Occupations be licensed on the same dwelling at the same time. (4) At the discretion of the Building Commissioner, if the Commissioner determines that the proposed use is unclear and/or impacts of use cannot clearly be defined at time of Home Occupation license request. F. 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 (18) 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 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 or freestanding sign not exceeding two square feet in area by special permit. (c) The Zoning Board of Appeals may allow 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 one nonresident 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(17) 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 use to be located within an accessory structure which may occupy greater than 200 square feet of the Page 16 of 28 Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2026-05-22 accessory structure, on the same lot as the primary 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 that is greater than 25% of the square footage of the primary residential dwelling unit occupied by the applicant. (f) An additional commercial vehicle or trailer associated with a Home Occupation. At no time shall there be more than two total commercial vehicles and/or trailers associated with Home Occupations permitted on the property. (2) Home occupations requiring a special permit shall require Article IX, Site Plan Review prior to seeking relief. (3) Any special permit granted by the Zoning Board of Appeals shall require a condition that the Home Occupation receive and maintain a Home Occupation License. (4) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his/her residence, and shall not be transferable to another person or location. Page 17 of 28 § 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 provisions of this section, provided that the activities related to such Home Occupationy shall not be discernible from outside the dwelling, except as provided herein; there shall be nodoes not increase in noise or odor,; does not involvedno visible alterations to the premises which wouldthat suggest anything other than a residential usea use other than residential,; does not generateno increase in traffic above beyond normal residential volumes; and no does not increase in air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or older. Commercial Stable – A property, building, or land used to house, board, train, or rent out horses for financial gain or commercial purposes. Commercial Vehicle – Any vehicle associated with a Home Occupation 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. Front Yard - The open, unoccupied space on a lot that extends across the full width of the property, situated between the principal building (front building line) and the front lot line adjacent to the street. Home Occupation –Business activity conducted within a dwelling unit or accessory structure that is incidental and subordinate to the primary residential use of the premises and meets the Home Occupation requirements contained this Ordinance. 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. 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 that is associated with a Home Occupation. Page 18 of 28 B.C. A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) There is no other Home Occupation within the dwelling unit, except for as provided in Subsection E(1)(d). (2) The Home Occupation is conducted by the owner of the premises where the Home Occupation is located, or by a residential tenant with written authorization from the owner to engage in the Home Occupation. The Home Occupation is clearly incidental and subordinate to the principal residential use of the premises. (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) A Home Occupation shall require a Home Occupation License issued by the Building Commissioner or his/her designee. (4) Any vehicle associated with the Home Occupation that meets the definition of Commercial Vehicle above shall display a commercial registration number plate as required by 540 CMR 2.05. A Home Occupation with a Commercial Vehicle associated with it shall be required to display evidence that the vehicle’s parking is in compliance with all applicable provisions outlined in this section. (3)(5) 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)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 C(1)(f)E(1)(f) below. (4)(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. (5) The use is not objectionable or detrimental to the neighborhood and its residential character (6)(7) Traffic associated with the Home Occupation 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, or the presence of vehicles associated with the Home Occupation. 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)(8) 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 effects not ordinarily associated with residential use that produce negative impacts on the neighborhood, consistent with the Intent section above.or other objectionable effects. (8)(9) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. Page 19 of 28 (9)(10) No vehicles associated with the Home Occupation shall park on the street or within the Front Yard, as defined above. 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)(11) All supplies, materials and equipment associated with the Home Occupation shall be stored in an enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. If not stored in a structure or trailer, materials must be properly screened with either fencing or vegetation so that materials and/or equipment are not visible from the public view, and adhere to applicable setback standards for the relevant zoning district to limit impacts to noise, odor, or other impacts from non-residential uses on a residential area.There is no exterior storage or display of materials or equipment. Page 20 of 28 (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 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) All outdoor lighting associated with the home occupation shall be fully shielded and directed downward to prevent glare. (12)(13) No sign shall be displayed indicating the home occupation. (13)(14) If the home occupation is listed or advertised as a business, the street address shall not be included. (15) All employees associated with the Home Occupation reside on the premises, except for as provided in 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)E(1)(c) below. (14)(16) The property on which the Home Occupation is located shall not serve as a Park and Ride. (15)(17) Home occupations shall not include such uses similar to, and including the following: (a) (b) Barber- and beauty shops. Commercial stables or kennels. [1] [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. (c) (d) (e) (f) (g) (h) (i) (j) (k) Offices which provide public access, provided that offices that are used only for administrative purposes shall be permitted. 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. The storage of merchandise is included in the total area limits of the home occupation subject to Subsection C(5) above, except as exempted in Zoning Ordinance 240-8 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 BC(53) above. Service or repair of vehicles, and gasoline- or diesel-powered machinery. 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. Veterinary services. The manufacture of goods using heavy machinery. Medical or dental practice. Page 21 of 28 Fortune-telling or palm reading. (18) At the discretion of the Building Commissioner, if the Commissioner determines that the proposed use is unclear and/or impacts of use cannot clearly be defined at time of Home Occupation license request, a Special Permit shall be required pursuant to requirements of Subsection E. D. Home Occupation License. Applicants shall be required to receive a Home Occupation License from the Building Commissioner or his/her designee for each Home Occupation located within a residence or on a residential property. (1) All Responsible Parties shall make application to renew their Home Occupation Licenses every three (3) years. 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. (2) Home Occupation License shall be for a term of three (3) calendar years, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. (3) 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. (4) A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: Violation of any of the provisions of this Section. (a) Providing false information in any application associated with the Home Occupation. (b) Parking business-associated vehicles in violation of what is allowed by this Section. (c) Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). (d) Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. (5) 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. C.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 B(1)C(1) through (1118) above, except the Zoning Board of Appeals may allow by special permit Page 22 of 28 Town of Barnstable, MA § 240-46 § 240- 46 Downloaded from https://ecode360.com/BA2043 on 2026- 05-22 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. (c)(d) The Zoning Board of Appeals may allow a second Home Occupation within the same dwelling. (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)C(17) 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 isprovided that at no time shall 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. (f)(g) An additional commercial vehicle or trailer associated with a Home Occupation. At no time shall there be more than two total commercial vehicles and/or trailers associated with Home Occupations permitted on the property. (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. (4) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his/her residence, and shall not be transferable to another person or location. Page 23 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 § 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 or accessory structure, subject to the provisions of this section, provided that, activities related to such Home Occupation is not discernible from outside the dwelling, does not increase noise or odor, does not involve visible alterations that suggest a use other than residential, does not generate traffic beyond normal residential volumes, and does not increase air or groundwater pollution. B. Definitions. Building Commissioner – Duly appointed building commissioner or his designee acting as the zoning enforcement officer. Commercial Kennel – Premises used for the harboring and/or care of more than six dogs or other domestic non-farm animals six months old or older. Commercial Stable – A property, building, or land used to house, board, train, or rent out horses for financial gain or commercial purposes. Commercial Vehicle – Any vehicle associated with a Home Occupation 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. Front Yard - The open, unoccupied space on a lot that extends across the full width of the property, situated between the principal building (front building line) and the front lot line adjacent to the street. Home Occupation –Business activity conducted within a dwelling unit or accessory structure that is incidental and subordinate to the primary residential use of the premises and meets the Home Occupation requirements contained this Ordinance. 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. 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 that is associated with a Home Occupation. Page 24 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 C. A home occupation shall be permitted in all zoning districts as of right, subject to the following conditions: (1) There is no other Home Occupation within the dwelling unit, except for as provided in Subsection E(1)(d). (2) The Home Occupation is conducted by the owner of the premises where the Home Occupation is located, or by a residential tenant with written authorization from the owner to engage in the Home Occupation. The Home Occupation is clearly incidental and subordinate to the principal residential use of the premises. (3) A Home Occupation shall require a Home Occupation License issued by the Building Commissioner or his/her designee. (4) Any vehicle associated with the Home Occupation that meets the definition of Commercial Vehicle above shall display a commercial registration number plate as required by 540 CMR 2.05. A Home Occupation with a Commercial Vehicle associated with it shall be required to display evidence that the vehicle’s parking is in compliance with all applicable provisions outlined in this section. (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)(f) 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) Traffic associated with the Home Occupation 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, or the presence of vehicles associated with the Home Occupation. (8) 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 effects not ordinarily associated with residential use that produce negative impacts on the neighborhood, consistent with the Intent section above. (9) There is no storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of normal household quantities. (10) No vehicles associated with the Home Occupation shall park on the street or within the Front Yard, as defined above. (11) All supplies, materials and equipment associated with the Home Occupation shall be stored in an enclosed structure or in or on a Commercial Vehicle or trailer allowed on the premises under this Section. If not stored in a structure or trailer, materials must be properly screened with either fencing or vegetation so that materials and/or equipment are not visible from the public view, and adhere to applicable setback standards for the relevant zoning district to limit impacts to noise, odor, or other impacts from non - residential uses on a residential area. Page 25 of 28 Town of Barnstable, MA Downloaded from https://ecode360.com/BA2043 on 2026-05-22 (12) All outdoor lighting associated with the home occupation shall be fully shielded and directed downward to prevent glare. (13) No sign shall be displayed indicating the home occupation. (14) If the home occupation is listed or advertised as a business, the street address shall not be included. (15) All employees associated with the Home Occupation reside on the premises, except for as provided in Subsection E(1)(c). (16) The property on which the Home Occupation is located shall not serve as a Park and Ride. (17) The following uses shall not be permitted as Home occupations: (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, except as exempted in Zoning Ordinance 240-8 (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. (18) At the discretion of the Building Commissioner, if the Commissioner determines that the proposed use is unclear and/or impacts of use cannot clearly be defined at time of Home Occupation license request, a Special Permit shall be required pursuant to requirements of Subsection E. Page 26 of 28 Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2026-05-22 D. Home Occupation License. Applicants shall be required to receive a Home Occupation License from the Building Commissioner or his/her designee for each Home Occupation located within a residence or on a residential property. (1) All Responsible Parties shall make application to renew their Home Occupation Licenses every three (3) years. 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. (2) Home Occupation License shall be for a term of three (3) calendar years, beginning on January 1. License fees shall not be pro-rated when obtained after January 1. (3) 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. (4) A Home Occupation License may be revoked by the Building Commissioner or his designee for cause, including, but not limited to: Violation of any of the provisions of this Section. (a) Providing false information in any application associated with the Home Occupation. (b) Parking business-associated vehicles in violation of what is allowed by this Section. (c) Failing to register vehicles associated with the Home Occupation as required by Subsection (C)(4). (d) Failure to timely communicate with the Building Commissioner or his or her designee during any enforcement action. (5) 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. Page 27 of 28 Town of Barnstable, MA § 240-46 § 240-46 Downloaded from https://ecode360.com/BA2043 on 2026-05-22 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 (18) 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 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 or freestanding sign not exceeding two square feet in area by special permit. (c) The Zoning Board of Appeals may allow 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 one nonresident of the household to be employed on the premises at the same time. (d) The Zoning Board of Appeals may allow a second Home Occupation within the same dwelling. (e) Home occupations shall not include the uses listed in Subsection C(17) 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, provided that 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. (g) An additional commercial vehicle or trailer associated with a Home Occupation. At no time shall there be more than two total commercial vehicles and/or trailers associated with Home Occupations permitted on the property. (2) Home occupations requiring a special permit shall require Article IX, Site Plan Review prior to seeking relief. (3) Any special permit granted by the Zoning Board of Appeals shall require a condition that the Home Occupation receive and maintain a Home Occupation License. (4) Any special permit granted by the Zoning Board of Appeals shall be issued solely to the applicant at his/her residence, and shall not be transferable to another person or location. Page 28 of 28