Home Occ_2023-011
NEW BUSINESS (First Reading Refer to Planning Board)
BARNSTABLE TOWN COUNCIL
ITEM# 2023-011
INTRO: 07/21/2022
2023-011 AMENDING THE CODE OF THE TOWN OF BARNSTABLE, PART I,
GENERAL ORDINANCES, CHAPTER 240 ZONING, ARTICLE V
SECTION 46, HOME OCCUPATION, AND ARTICLE III SECTION 14,
RC-1 AND RF RESIDENTIAL DISTRICTS, SUBSECTION (C)
CONDITIONAL USES, TO UPDATE REQUIREMENTS PERTAINING
TO HOME OCCUPATIONS
ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning
be amended as follows:
SECTION 1
By amending Article V Accessory Uses, Section 46, Home Occupation by deleting Section 240-46 in its
entirety and inserting the following new Section 240-46 in its place:
Ҥ 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
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.
(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 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.”
SECTION 2
By amending Article III District Regulations, Section 240-14 RC-1 and RF Residential Districts, by
deleting in paragraph (1) of Subsection C. Conditional Uses, the words “Home occupation, subject to all
the provisions of §240-46C, Home occupation by special permit” and inserting the word “Reserved” in
their place.
SPONSOR: Mark S. Ells, Town Manager upon recommendation of the Planning Board
DATE ACTION TAKEN
_________ _________________________________________
_________ _________________________________________
____ Read Item
____ Motion to Open Public Hearing
____ Rationale
____ Public Hearing
____ Close Public Hearing
____ Council Discussion
____ Vote
NEW BUSINESS (First Reading Refer to Planning Board)
SUMMARY
ITEM# 20223-011
INTRO: 07/21/2022
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Elizabeth S. Jenkins, Director, Planning & Development Department
DATE: June 19, 2022
SUBJECT: Amending the Code of the Town of Barnstable, Part I General Ordinances,
Chapter 240 Zoning to Update Regulations Pertaining to Home Occupations
BACKGROUND: This item proposes to amend the Zoning Ordinance to address provisions related to
home occupations. The existing zoning ordinance strictly limits home occupations within certain areas
of town and allows them only to occur in single-family homes, despite the fact that such uses must be
clearly incidental to and subordinate to the use of a premises for residential purposes. Individuals
looking to pursue a home occupation, even for rather benign uses, often discover that a rather extensive
permitting process requiring relief by the Zoning Board of Appeals is necessary. People are regularly
deterred by the necessary process and choose simply not to move forward.
ANALYSIS: 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 since the pandemic as many embrace new
opportunities for remote work and entrepreneurship.
The first section of the 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. The revised ordinance establishes standards for “by-right” home occupations and then
allows specific and limited exceptions to those standards with the grant of a Special Permit by the
Zoning Board of Appeals.
The second section of the amendment proposes the deletion of the section referencing home occupation
allowed by special permit only in RC-1 and RF Residential Districts and allows for the proposed home
occupation amendment to be consistent throughout the Town of Barnstable.
On June 13, 2022, the Planning Board made a motion to recommend the proposed Home Occupation
Zoning Amendment as presented to be submitted to Town Council. Zoning amendments are processed
in accordance with Massachusetts General Law (MGL) Chapter 40A Section 5. Adoption or change of
zoning ordinances may be initiated by the submission to the Town Council of a proposed zoning
ordinance by different parties, including the Town Council itself or by other parties, including the
Planning Board.
FISCAL IMPACT: There is no significant fiscal impact associated with this item.
TOWN MANAGER RECOMMENDATION: Mark S. Ells, Town Manager, supports this item.
STAFF SUPPORT: Planning & Development Department; Brian Florence, Building Commissioner