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HomeMy WebLinkAboutObjective Subjective During Review ProcessHome Occupation and Business License Zoning Review Participants  Building Commissioner / Zoning Enforcement OƯicer  Deputy Director ISD  Permit / SPR Coordinator  Further review by other agencies as determined by this process Application  Home Occupation Registration (240-46) and Business License (MGL c. 110.5) applications are regulatorily required approvals.  Home occupation and Business License applications are entered into the Town’s permitting system by the applicant.  The application(s) contains a series of questions from the Home Occupation restrictions that are designed to trigger higher scrutiny by the zoning enforcement oƯicer depending on how they are answered. o Reference: §240-46 B. (1)-(15) https://ecode360.com/6559568  Applications that trigger this type of zoning review include: o Home occupation (240-46) o Business license (110.5 CMR) and o Building Permit (780 CMR) Process Zoning reviews of these applications typically take place on Fridays We verify:  Zoning district  Water protection overlay district  Type of use proposed  Description of the proposed use Business license Business license applications that do not comply with the zoning ordinance are denied, moved to Site Plan Review or referred to a multi-member board (ZBA, PB, ConCom etc.). Applications that Involve Business Use on a Residential Parcel (Home Occupation) The following Home Occupation regulations/restrictions are strictly applied to the application during this zoning review process: [the following is paraphrased] NOTE: Avoid subjective statements in regulation:  Objective: The activity must be conducted by residents of the dwelling.  Objective: The use must be incidental and subordinate to the residential use.  Objective: The use may occupy no more than 20% of the dwelling unit.  Subjective/Objective: There are no external alterations to the dwelling that are not customary to residences.  Subjective: The use may not be objectionable or detrimental to the neighborhood.  Subjective/Objective: TraƯic generated shall not be more disruptive to the neighborhood than normal residential district traƯic.  Subjective: The use shall not include the production of oƯensive conditions.  Objective: There is no storage or use of toxic or hazardous materials permitted beyond normal household quantities (25 gal.).  Objective: Parking generated [by the home occupation] is kept on the same lot containing the home occupation, and not within the front yard. (excluding driveway and roadway)  Subjective: There is no exterior storage or display of materials or equipment.  Objective: No more than one vehicle exceeding one-ton capacity and one trailer not to exceed 20 feet in length with more than four tires.  Objective: No signs are allowed to be displayed on the premises.  Objective/Impractical: Advertising by the business may not include the residential address.  Objective: There are no more than one nonresident employee allowed.  Objective/Discretionary: Specific restricted uses are prohibited such as (retail, barber, vehicle repair etc.). Approvals  Business Licenses that comply with zoning are given a business license by the Town Clerk  Home Occupations that comply with zoning are given a Certificate of Registration along with their business and license.  The Zoning Enforcement OƯicer identifies and lists any conditions for approval as well as any restrictions that apply to the use on the face of either the Home Occupation Registration Certificate or the Business License. Rejected Applications Business licenses and Home Occupations that do not comply with zoning but might be able to comply if they modify their plans are given options to do so. We try to work with the applicants to help them get to an approvable condition, but those that simply cannot are rejected at the Zoning Review process and given information pertaining to multi-member board access or their rights to an appeal.