HomeMy WebLinkAboutHome occupation Edits Redlined (no SPR)
§ 240-46. Home occupation.
Original Redline for consideration
Blue is additional edits recommended by Committee
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 in the establishment and/or operation of to the premises/property
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. (Further define “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. A Home Occupation shall not apply to exempt
uses identified in 240-8 of the Town of Barnstable Zoning Oridnanace including but not limited to
agriculture, horticulture, viticulture, aquaculture and/or floriculture. In addition, fishing and fishing
related businesses shall also be exempt from requiring a Home Occupation.
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.
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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.
(Other definitions to add: Equipment, Screening, Parking, Backyard)
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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) (3) A Home Occupation shall require a Home Occupation License issued by the Building
Commissioner or his/her designee.
(4) (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) In the establishment and operation of the Home Occupation, there are no external
alterations to the dwelling, premise, or property 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
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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.
(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.
(12) 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 30 feet in length and
not to exceed four six 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, recreational vehicles not associated
with a Home Occupation, or exempt uses identified in 240-8 of the Town of Barnstable Zoning
Oridnanace including but not limited to agriculture, horticulture, viticulture, aquaculture and/or
floriculture. In addition, fishing and fishing related businesses shall also be exempt from this
requirement.
(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.
(13) All outdoor lighting associated with the home occupation shall be fully shielded and directed
downward to prevent glare.
(12)(14) No sign shall be displayed indicating the home occupation.
(13)(15) If the home occupation is listed or advertised as a business, the street address shall not
be included.
(16) 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)(17) The property on which the Home Occupation is located shall not serve as a Park and
Ride.
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(15)(18)Home occupations shall not include such uses similar to, and including the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
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.
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
(k) Fortune-telling or palm reading.
19) 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.
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Town of Barnstable,
MA § 240-
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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) two (2) 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; Description of the Business; 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; and whether or not a special permit was approved
by the Zoning Board of Appeals.
(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.
(e) Failure to comply with any conditions of a Special Permit granted by the Zoning
Board of Appeals associated with the Home Occupation.
(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.
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Town of Barnstable,
MA § 240-
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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
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.
(g) The Zoning Board of Appeals may allow outdoor storage provided that, i f 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. A proper
storage plan shall be provided.
(f)(h) An additional commercial vehicle or trailer associated with a Home
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Town of Barnstable,
MA § 240-
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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.
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