HomeMy WebLinkAboutPlanning Board Recommended Amendment - Proposed Home Occupation OrdinanceHome Occupation Zoning Amendment Proposal
Delete § 240-46 Home occupation in its entirety and replace with the following:
§ 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 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 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 non-resident employee may be employed on the premises of a
home occupation. Except pursuant to a special permit in accordance with Section
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 kennels1.
(c) Real estate or insurance office. 2 Offices which provide public access
shall be prohibited. Offices for administrative purposes only are allowed.
(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 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 B(3) above.
(f) Service or repair of vehicles, and gasoline or diesel powered machinery.
(g) Contractors 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 (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
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.
2 Real Estate and Insurance Offices which provide public access shall be prohibited. Real Estate Office for
administrative purposes only are allowed.
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 non-illuminated wall
sign not exceeding two square feet in area by special permit.
c. The Zoning Board of Appeals may allow more than one non-resident
employee to be employed on the premises of a home occupation but at
no time shall a home occupation allow for greater than two non-
residents of the household to be employed on the premise 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 sq. ft. 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 percent 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.
Other Home Occupation References to amend
Delete: RC-1 and RF Residential Districts. § 240-14 C (1) Home occupation, subject to all
the provisions of § 240-46C, Home occupation by special permit.
Replace: RC-1 and RF Residential Districts. § 240-14 C. (1) Reserved