HOME OCCUPATION changes
SECTION 2 (Definitions)
HOME OCCUPATION
A vocation, trade, small business, craft, art or profession which can be conducted in its entirety within
the main (principal) or accessory residential building of a property by a bona fide resident of that main
building and which, by nature of its limited size and scope, does not cause any outward manifestation
(such as traffic generation, parking congestion, noise or air pollution, outdoor materials storage, and
public service or utility demand) which is uncharacteristic of or an additional disturbance to the
residential neighborhood in which said property is located. The following occupations are excluded if
clientsare not considered home occupations if clients will be seen in the home, although other uses
may be excluded on a case-by-case basis: any clinic, veterinary hospital, restaurant, retail or wholesale
supply shop or store, any mortuary. A clinical, medical/dental practice is allowed only when five (5) or
fewer patients per day are seendoctor (MD, DO, DPM or equivalent), dentist (DDS, DMD or
350-10
equivalent), chiropractor, lawyer, real estate or insurance agent. (See § .12 for additional
criteria.)
Home Occupations are allowed by right when the following conditions are met {NOTE: previously only
home office with no clients or employees were allowed by right without special permit. All items except
those highlighted are transferred from 10.12}.
1.It must not occupy more than 40% of the gross combined floor area of the main residential
building, and the accessory structure (if such accessory structure is utilized for said home
occupation).
2.It must be clearly incidental and secondary to the use of the building or property for
residential dwelling purposes.
3.It must be conducted by the principal practitioner who occupies the main building as
his/her bona fide residence and members of the immediate family also residing in such
building
4.No more than five vehicle round trips per day may be generated by the occupation (by
clients, employees, deliveries, etc) unless a home occupation special permit is received.
5.One sign of one square foot in area may be displayed advertising the home occupation,
provided that {NOTE: previously only allowed with special permit}:
a.It is attached to the structure next to or on the entryway for said home
occupation; and
b. It is not illuminated.
6.No goods, except for those created in the home and those listed below, may be sold from
the premises
a.Internet, telephone or electronic transactions are allowed.
b.Residents creating original products in the home may have open studio functions
where items may be sold up to 2 times per year without triggering a special permit
for home occupation. Original works may also be stored on premise.
7.No outdoor storage of materials or equipment for offsite use is allowed;
8.If said home occupation takes place in an accessory structure then said structure must
conform to the setback requirements for accessory structures in that district.
9.It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical
interference which would be detectable to normal sensory perception beyond the lot line.
10.The portion of any structure utilized for a home occupation shall conform to all applicable
Fire, Building, Electrical, Plumbing and Health Codes.
HOME OFFICE: Occupations taking place in the home that allow those occupations which require work
space but do not involve sales of goods stored on the premises nor seeing more than one client in the
home per day, and which do not impact on a neighborhood (such as writersresearchers, and home
offices for consultants whogenerally practice their trade at the client's place of businessa home
occupation will be permitted as-of-right if the applicant complies with the following conditionsin
addition to criteria above(1) The home office/occupation may be conducted only by bona fide residents
of the home; and
(3) No clients or customers may be seen in the house or accessory structures for business purposes,
except for those business purposes that are clearly incidental to the business when no services for fee or
sales are being conducted during the visit, and then no more than one visit per day; and
(4) No signs are permitted for the home office/occupation; and
(5) No goods, except for those listed below, may be sold from the premises nor may there be any sale of
goods stored on premises, either retail or wholesale and no goods may be displayed on premises.
a). Internet, telephone or electronic transactionsmay be are allowed. (Walk-in sales prohibited.)
Stored goods for such transactions may comprise up to 10% or 100 square feet (whichever is less) of the
area designated for the home office/occupation; and
(6) No outdoor storage of materials is allowed;
SECTION 10.12 (SPECIAL PERMIT SECTION)
All home occupations generating more than 5 vehicle round trips per day (as defined in § 350-2.1)
require and a special permits issued by the Zoning Board of Appeals for home occupations and shall
comply with the following:
A. It must be clearly incidental and secondary to the use of the building or property for residential
dwelling purposes.All provisions in section 2.1
B. It must be conducted by the principal practitioner who occupies the main building as his/her bona
fide residence, with no more than one other person engaged in the occupation except members of the
immediate family also residing in such building.
C. It must not occupy more than 40% of the gross combined floor area of the main building, and the
accessory structure (if such accessory structure is utilized for said home occupation).
D. One sign may be displayed advertising the home occupation, provided that:
(1) It does not exceed one square foot in area; and
(2) It is attached to the structure next to or on the entryway for said home occupation; and
(3) It is not illuminated.
E. Goods may only be offered for sale from the premises if the Zoning Board of Appeals expressly
permits it in the issued special permit.
F. All goods sold must be produced or manufactured on the premises. However, Internet, telephone or
electronic transactions of goods not manufactured on the premises may be allowed. Stored goods for
such transactions may comprise up to 15% or 200 square feet (whichever is less) of the area designated
for the home office/occupation through the special permit process.
G. The hours of operation shall be expressly stated in the special permit issued by the Zoning Board of
Appeals.
H. The hours and frequency of deliveries, number of clients seen, number of employees on premise, of
products and/or materials on site shall be expressly stated in the special permit issued by the Zoning
Board of Appeals.
I. If said home occupation takes place in an accessory structure:
(1) Constructed prior to the date of the adoption of this chapter, then said structure must conform to
the setback requirements for accessory structures in that district.
(2) Constructed after the date of the adoption of this chapter, then said structure must conform to the
setbacks requirements for a principal structure in that district.
J. It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which
would be detectable to normal sensory perception beyond the lot line.
K. The portion of any structure utilized for a home occupation shall conform to all applicable Fire,
Building, Electrical, Plumbing and Health Codes.
L. Prior to the commencement of any home occupation, a certificate of occupancy must be received
from the Building Commissioner for any structure, or portion thereof, used for said occupation.
M. All special permits for home occupation must be renewed once, immediately following the first year
of operation. Permit may be renewed in perpetuity upon application to the Building Commissioner if
nothing has changed in the project since its first special permit application .
N. All special permits for home occupations are nontransferable and are specifically issued to a specific
applicant for a specific home occupation.
O. To allow those occupations (defined here as home office/occupation) which require work space but
do not involve sales of goods stored on the premises nor seeing any clients in the home, and which do
not impact on a neighborhood (such as writers, researchers, and home offices for consultants who
generally practice their trade at the client's place of business), a home occupation will be permitted as-
of-right if the applicant complies with the following conditions, in addition to criteria above:
(1) The home office/occupation may be conducted only by bona fide residents of the home; and
(2) No clients or customers may be seen in the house or accessory structures for business purposes,
except for those business purposes that are clearly incidental to the business when no services for fee or
sales are being conducted during the visit, and then no more than one visit per day; and
(3) No signs are permitted for the home office/occupation; and
(4) No goods may be sold from the premises nor may there be any sale of goods stored on premises,
either retail or wholesale and no goods may be displayed on premises. However, Internet, telephone or
electronic transactions may be allowed. (Walk-in sales prohibited.) Stored goods for such transactions
may comprise up to 10% or 100 square feet (whichever is less) of the area designated for the home
office/occupation; and
(5) No outdoor storage of materials is allowed; and
(6) Home office/occupations may only be those allowed in the definition of home occupation (§ 350-
2.1).