SR - 2022-XXX Home Occupation1
Town of Barnstable
Planning and Development Department
Staff Report
Home Occupation Zoning Amendment and Other Zoning Considerations
Date: June 10, 2022
To: Planning Board Members
From: Elizabeth Jenkins, AICP, Director of Planning and Development
Kate Maldonado, Assistant Director of Planning and Development
Jim Kupfer, AICP, Senior Planner
Background
Massachusetts General Law chapter 40A section 5 defines ways in which a municipality may amend their
zoning ordinance from time to time. Adoption or change of zoning ordinances may be initiated by the
submission to the Town Council of a proposed zoning ordinance by several different parties. Those parties
may be the Town Council itself, the board of appeals, by an individual owning land to be affected by
change or adoption, by request of registered voters of the town pursuant to section ten of chapter thirty-
nine, by ten registered voters, by the planning board, by the Cape Cod Commission or by other methods
provided by municipal charter.
The Planning and Development Department continually reviews the local zoning ordinance for ways it can
be improved. Recommended amendments often times will arise through various forums and best practices
that further refine certain uses, petitioners may bring forward new ideas, developments highlight an
ordinances shortcomings, or state/federal law issue mandated updates, etc.
The Department has begun to define certain sections of the zoning ordinance that may warrant
amendment consideration. In order to move amendments forward, the Department would like to request
the Planning Board consider initiating certain amendments as an eligible party.
Home Occupation Ordinance
An ordinance which the Planning Department would like the Planning Board’s consideration to amend is
§240-46 Home Occupation. The use known as a home occupation has evolved over the years. The Town of
Barnstable has seen an influx of applications for home occupations. However, the existing ordinance
strictly limits home occupations to certain areas of town and within single family homes despite the fact
the ordinance requires such use to be clearly incidental to and subordinate to the use of the premises for
residential purposes. Many, rather benign home occupations, may discover the rather extensive permitting
process requiring relief by the Zoning Board of Appeals and chose simply not to move forward. This
amendment proposes an opportunity to support home occupations throughout Town and develop a “by-
right” process for those uses that create negligible impacts to the neighborhood. Attached please find the
full proposed zoning amendment for consideration.
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Procedural Information
Zoning Amendments must be referred to Town Council for consideration. Upon receipt of a referral, Town
Council shall within fourteen days of receipt of such zoning amendment submit it to the Planning Board
for review and report. The recommendation of the Planning Board to refer to Town Council requires a
simple majority of the Planning Board members present and voting.
Enclosed attachment
Proposed Home Occupation Ordinance Amendment, §240-46, Redlined