SR - 2023-011 Home Occupation_Aug 20221
Town of Barnstable
Planning and Development Department
Staff Report
Home Occupation Zoning Amendment
Date: August 18, 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
The Town seeks to amend the Home Occupation Zoning Ordinance, Chapter 240, Section 46. 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.
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. On July
21, 2022 Town Council acknowledged receipt of the amendment proposal and motioned to forward the
proposed zoning amendment back to the Planning Board for a public hearing for review and final
recommendation.
Procedural Information
Zoning amendments are processed in accordance with Massachusetts General Laws (MGL) Chapter 40A
Section 5. Notice of this public hearing was provided in accordance with all requirements of MGL 40A§5.
2
The Planning Board must forward an advisory report with recommendations on the proposed zoning
amendment to the Town Council within 21 days after close of the Board’s hearing. The recommendation of
the Planning Board requires a simple majority of the Planning Board members present and voting.
Enclosed attachment
Proposed Home Occupation Ordinance Amendment, §240-46, Redlined