38B-245 (3) for a specific home occupation.
0. 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).
•
§ 350 - 10.12. Home occupation special permit criteria.
All home occupations (as defined in § 350 -2.1) and special permits issued for home occupations 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.
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 of products and/or materials 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 and if the applicant provides written evidence
satisfactory to the Building Commissioner that all of the owners of all parcels within 300 feet of the subject
property have no objection to the use. Otherwise, the applicant can renew the permit using the same
procedures as an original special permit submission.
N. All special permits for home occupations are nontransferable and are specifically issued to a specific applicant
City of Northampton
�'",
Massachusetts `�
u 5 ti .
iP t i DEPARTMENT OF BUILDING INSPECTIONS 2
. 4 ' 212 Main Street • Municipal Building �.1 Fr
` Northampton, MA 01060 ",; ,,,,,,v
Bernard and Kathleen Shea
40 Round Hill Road
Northampton, MA 01060
November 1, 2012
Re: 236 South Stre , 38B -245
Dear Mr. and Ms. Shea,
We have received a complaint concerning the operation of a Home Business in the accessory
structure behind your apartment building. Every home business requires a special permit from the
Zoning Board of Appeals. The business in your garage is in violation of the zoning ordinance § 350-
10.12. Home occupation special permit criteria.
Please cease all work at this location immediately and contact me as soon as possible to
discuss this situation. If you do not contact me by Friday, November 9 2012 I will take further action.
Respectfully,
60
Charles Miller
Assistant Building Commissioner
City of Northampton
cm iller7684