Home Occupation 240_46 Amendment RedlinedREDLINE DRAFT Town of Barnstable 1
Redline Version of Proposed Changes to the Town of Barnstable Home Occupation Ordinance
§ 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 single-family dwellings, 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. After registration with the Building Commissioner, a A customary home occupation shall be permitted
in all zoning districts as of right subject to the following conditions:
(1) The activity is carried on by the permanent resident of a single-family residential dwelling
unit, located within that dwelling unit, or within an accessory structure located on the same lot,
subject to the limitations herein.
(2) The activity is a type customarily carried on within a dwelling unit.
(32) Such use is clearly incidental to and subordinate to the use of the premises for residential
purposes.
(43) Such use occupies no more than 400 square feet of space. 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.
(54) 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.
(65) The use is not objectionable or detrimental to the neighborhood and its residential
character.
(76) No traffic will be generated in excess of normal residential volumes. 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.
(87) The use does not involve the production of offensive noise, vibration, smoke, dust or other
particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable
effects.
(98) There is no storage or use of toxic or hazardous materials, or flammable or explosive
materials, in excess of normal household quantities.
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(109) Any need for parking generated by such use shall be met on the same lot containing the
customary home occupation, and not within the required front yard.
(1110) There is no exterior storage or display of materials or equipment.
(1211) There are no commercial vehicles related to the customary 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 customary
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.
(1312) No sign shall be displayed indicating the customary home occupation.
(1413) If the customary home occupation is listed or advertised as a business, the street address
shall not be included.
(1514) No person shall be employed in the customary home occupation who is not a permanent
resident of the dwelling unit. 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.
(1615) Customary 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
(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.
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.
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(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. A home occupation may be permitted in the RC-1 and RF Single-
Family Zoning Districts, provided that a special permit is first obtained from the The Zoning Board of
Appeals may allow by Special Permit, subject to the provisions of § 240-125C herein, a home occupation
and 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.
(1) All of the requirements of Subsection B(1) through (12) above.
(2b.) There is no more than one nonilluminated wall sign not exceeding two square
feet in area by special permit listing only the occupants' name and occupation.
(3c.) Not more than one nonresident of the household is employed 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.
(4)e. Home occupations shall not include the uses listed in Subsection B(165) above.
However, The Zoning Board of Appeals may allow activities that may not be
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customary within a dwelling provided that the activity meets the intent as specified
herein.
(5)f. The Zoning Board of Appeals may permit the home occupation to be located
within an accessory structure located on the same lot as the single-family residential
dwelling unit. 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.
(62) Approval of site plan review is obtained. Home Occupations requiring a special permit shall require
Article IX, Site Plan Review.
(73) The special permit Any special permit granted by the Zoning Board of Appeals shall be issued solely
to the applicant only 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