Reference Library

Home Occupation

Examples of local regulations

Belmont | Brentwood | Bradford | Canterbury | Littleton | Londonderry | Loudon | Nashua | Newmarket | Springfield

Belmont (March 11, 2008)

ARTICLE 4. GENERAL PROVISIONS APPLICABLE TO ALL DISTRICTS

B. HOME OCCUPATIONS

Any home occupation shall be permitted in all zones subject to the following conditions:

1. A home occupation is clearly an accessory use of the property. Home Occupations shall include such uses as offices for an engineer, doctor, architect, lawyer or other recognized profession or for a real estate or insurance business. It shall also include such home occupations as hairdressing, dressmaking, manufacture of craft or food products for sale.

2. The home occupation is carried on by not more than four persons at least one of which shall be a resident of the property.

3. The home occupation shall be carried on only within the principal or accessory structure, and there shall be no commercial interruption of the residential appearance of the area.

4. A home occupation shall be allowed one sign.

5. Operations which are abusive to the residential atmosphere or that cause interference with radio or television reception or than generate undue noise shall not be allowed.

6. A home occupation shall not display or create any evidence of the operation of the home occupation outside the building except for the permitted sign.

7. No more than two Home Occupations shall be established on a lot at one time. However, the total number of persons, including residents, carrying on the Home Occupation(s) shall not exceed 4 per lot.

8. Home occupations shall not utilize more than a total of 1,000 square feet of the principal and/or accessory structure.

Brentwood (March 2006)

ARTICLE VI: SPECIAL USE REGULATIONS

6.1 Home Occupations

Purpose

The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to:

1. ensure the compatibility of home occupations with the uses permitted in the Residential-Agricultural district;

2. maintain and preserve the character of residential neighborhoods;

3. promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial use.

Where Permitted

Home occupations are allowed in any dwelling unit provided the provisions of this section are met.

1. Home occupation must be located within a dwelling unit.

2. Exterior of the building must not create or display any evidence of the home occupation, except a permitted sign. Variation from the residential character and appearance is prohibited.

3. Home occupation use of the dwelling must not utilize more than 25% of the gross floor area (including basement and accessory structures) of the dwelling.

4. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials that are improperly used or stored onsite.

5. Not more than one commercial vehicle may be kept overnight at the premises.

6. Adequate off-street parking must be provided and used.

7. Home occupation must be conducted by the resident of the premises.

8. There shall be no outside operations, storage, or display of materials or goods.

9. No process shall be utilized which is hazardous to public health, welfare, or safety.

10. This home occupation must not offend by emitting smoke, dust, odor, noise, gas, fumes, lights, or refuse matter.

Permitted Uses

No more than one home occupation (per property) is permitted. Such use shall be clearly incidental and secondary to the residential use of the dwelling unit.

Enforcement

This section shall be administered and enforced by the Board of Selectmen. Any person who violates the provisions of this section may be fined one hundred dollars ($100) for each offense. Each day that a violation is continued may constitute a separate offense. No action may be brought about under this provision unless the alleged offender has been given at least 10 (10) days notice from the Selectmen by certified mail, return receipt requested, that a violation exists.

Bradford (March 11, 2008)

SECTION 3- ARTICLES, Artcicle II DEFINITIONS

R. Home Business - The use of any type of residential unit or accessory unit located on said lot to engage in a business-like venture is permitted in all zoning districts if it is clearly incidental and subordinate to the residential dwelling(s) and meets the criteria in Article III, General Provisions, Section O. If the proposed use of the residential structure does not meet the stated criteria it shall be considered a business and require site plan approval from the Planning Board. More than one home occupation is permitted on said lot providing the overall affect to the house and character of the area remains residential.

Artcicle III GENERAL PROVISIONS

O. Home Business

A Home Business is permitted in all zoning districts if it meets the following
criteria:

1. Does not alter the character of the existing structure(s) by creating a need for additional building expansion which changes the character of the residential use;

2. is Business owner occupied;

3. Employs no more than two persons who do not reside at said address;

4. Does not require a sign greater than four (4) square feet for any and all home occupations located on said premise;

5. Does not create the need for the enlargement of the septic or other sewage disposal system to accommodate waste generated by said operation;

6. Is conducted during the hours of 7:00 am and 8:00 pm., including all deliveries in this time frame;

7. does not create noises, or produce potential nuisances associated with such use including but not limited to vibration, dust, smoke, odors or would reasonably interfere with anyone’s enjoyment of their residence or that of neighboring residents.

Canterbury (March 13, 2007)

Article II, Section 2.5 HOME OFFICE (OCCUPATION), HOME SHOPS, AND HOME INDUSTRIES

An office (occupation), shop, or industry conducted entirely inside a dwelling unit or accessory structure by a member of the family residing in said dwelling unit.  Home offices, shops, and industry shall be permitted provided:

A. Such use is clearly incidental and secondary to the use of the premises for residential purposes,  and

B. Not more than two employees, other than members of the family, are employed in connection with such uses, and

C. No offensive noise, traffic, vibration, smoke, dust, odors, heat, glare or unsightliness is produced, and

D. There is no exterior storage of commercial material or equipment (including the parking of more than one commercial vehicle) and no other exterior indication (excluding advertising signs) of such use or variation from the residential character of the premises, and

E. Off street parking for employees and visitors, in connection with the home occupation, is provided.

F. In a commercial zone, home offices, shops and industries shall be allowed in the same manner as specified in this section except that:

1.      A single family dwelling unit is allowed in a commercial zone as an accessory to a business or industry.  The business or industry is the primary use of the lot.
2.      The business may employ not more than 10 full or part-time employees, other than family members.
3.      The portion of the property used for the business shall not exceed 3,000 square feet of interior space and/or 5,000 square feet of exterior space.  If exterior space is used for the business, it shall be adequately screened or buffered so as to meet the requirements of paragraph C, as determined by the Planning Board through its site plan review.
4.      The prohibition of paragraph D of exterior indication of business use shall not apply, but the Planning Board may impose requirements for screening, appearance and buffering appropriate for the neighborhood in which the property is located.

Littleton (March 2007)

ARTICLE VIII HOME OCCUPATIONS

8.01 Purpose

Home occupations may be conditionally allowed through the process described in order to allow diversity in employment available to Town residents, to support the variety of uses characteristic of small towns, and to allow reasonable growth. At the same time, the Ordinance intends to protect the character of the Town's residential neighborhoods and keep neighborhood residents free from nuisance.

8.02 Definition

Home Occupation: The accessory use of a parcel that shall constitute, either entirely or partly, the livelihood of a person living on the parcel, subject to the conditions in Article VIII, Section 8.03. The home occupation shall be clearly secondary to the use of the parcel as a residence. The home occupation may take place within any structure on the parcel (i.e. house, outbuildings, etc.) but must occupy an area that is minor compared to the area used for living. Only one non-resident may be employed in a home occupation.

8.03 Standards

8.03.01 Prohibited Activities

No home occupation shall be permitted that:

A. Changes the outside appearance of the dwelling or is visible from the street;
B. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood;
C. Creates a hazard to persons or property, results in electrical interferences, or becomes a nuisance;
D. Results in outside storage or display of anything.

8.03.02 Parking

Parking for the home occupation shall be provided on-site.

8.04 Permitted Home Occupations

The following are permitted home occupations provided they do not violate any of the provisions of the pervious standards or definitions:

A. Dressmaking, sewing, tailoring, knitting and shoe lacing;
B. Painting, sculpturing or writing;
C. Telephone answering;
D. Home crafts, such as model making, rug weaving, lapidary work and cabinet making;
E. Tutoring, limited to four students at a time;
F. Home cooking and preserving;
G. Computer programming;
H. Baby sitting services for one to three non-resident children from one or more unrelated families.

8.05 Procedure

Any proposed home occupation shall meet the above standards. If not specifically permitted by 8.04, it shall be considered a conditional use. Such a conditional use shall be granted or denied by the Zoning Board of Adjustment upon consideration of the standards of 8.03, in which case, the general requirements for special exception must also be met. (See Article XIV)

Londonderry (2008)

3.12 HOME OCCUPATIONS

3.12.1 General Home Occupations by Special Exception

3.12.1.1 Home Occupation shall be permitted by special exception only (property owner must apply to the Board of Adjustment for a special exception). Standards for Child Care and Adult Day Care Home Occupations are set forth in Sections 3.12.2 and 3.12.3.

3.12.1.2 Home Occupation shall be carried on by the occupant only within a dwelling and/or garage and shall be incidental and secondary to the use of the property as a dwelling for dwelling purposes and shall not change the residential character thereof. For purposes of this section, a garage shall be defined as a detached accessory building or portion of a principal building used or occupied for the parking or temporary storage of household goods and/or motor vehicles of the occupants of the premises.

3.12.1.3 No exterior renovations or construction , nor the outside storage of any materials related to the proposed home occupation will be permitted as part of a Home Occupation.

3.12.1.4 The Home Occupation shall not occupy more than twenty-five percent (25%) of the normal living area (as defined in Section 4.7 of this ordinance) of the home, regardless of the location of the home occupation on the property.

3.12.1.5 In order to qualify as a Home Occupation, only members of the occupant's immediate family residing on the property may be employed. Upon request, the Board of Adjustment is authorized to permit the employment of one additional employee on site.

3.12.1.6 In considering a special exception for a Home Occupation, the Board of Adjustment shall consider, in addition to the requirements set forth above, whether the proposed Home Occupation will adversely affect the property involved, or neighboring properties, by reason of any unusual sight, light, noise, smell, traffic or other effects of the Home Occupation. The Board shall consider the adequacy of off-street parking for anticipated customers, although no parking areas in excess of those necessary for normal residential purposes will be allowed.

3.12.1.7 The Board of Adjustment shall impose such conditions and restrictions as it deems desirable or necessary to protect the residential character of the neighborhood.

3.12.1.8 In all cases where a special exception for a Home Occupation is granted, the person receiving the special exception shall complete and sign a form with the Building Inspector that sets forth the nature of the Home Occupation and provides details of the business and its scope of operations. The applicant shall comply with the conditions set forth in the granting of special exceptions and the failure to comply will result in the revocation of the special exception.

3.12.1.9 The following uses shall not be considered Home Occupations:

3.12.1.9.1 Auto Repair
3.12.1.9.2 Auto Sales (on site sales)
3.12.1.9.3 Landscaping Businesses
3.12.1.9.4 Machine Shops
3.12.1.9.5 Lawnmower/Tractor Sales & Service (on site sales)

3.12.2 Child Care Facilities as Home Occupations

3.12.2.1 Child Care Facility Home Occupations shall be permitted by special exception only (property owner must apply to the Board of Adjustment for a special exception).

3.12.2.2 Child Care Facility Home Occupations shall be carried on by the occupant only within a dwelling and shall be incidental and secondary to the use of the property as a dwelling for dwelling purposes and shall not change the residential character thereof.

3.12.2.3 A fence for outdoor play areas may be required by the Zoning Board of Adjustment. No other exterior renovations or construction will be permitted as part of a Child Care Facility Home Occupation.

3.12.2.4 The Child Care Facility Home Occupation shall not occupy more than twenty-five percent (25%) of the normal living area (as defined in Section 4.7 of this ordinance) of the home.

3.12.2.5 In order to qualify as a Child Care Facility Home Occupation, only members of the occupant's immediate family residing on the property may be employed. Upon request, the Board of Adjustment is authorized to permit the employment of one additional employee.

3.12.2.6 In considering a special exception for a Child Care Facility Home Occupation, the Board of Adjustment shall consider, in addition to the requirements set forth above, whether the proposed Child Care Facility Home Occupation will adversely affect the property involved, or neighboring properties, by reason of any unusual sight, light, noise, smell, traffic or other effects of the Child Care Facility Home Occupation. The Board shall consider the adequacy of off-street parking for anticipated drop-off and pick-up of children, although no parking areas in excess of those necessary for normal residential purposes will be allowed.

3.12.2.7 The Board of Adjustment shall impose such conditions and restrictions as it deems desirable or necessary to protect the residential character of the neighborhood.

3.12.2.8 In all cases where a special exception for a Child Care Facility Home Occupation is granted, the person receiving the special exception shall complete and sign a form with the Building Inspector that sets forth the nature of the Child Care Facility Home Occupation and provides details of the business and its scope of operations. The applicant shall comply with the conditions set forth in the granting of special exceptions and the failure to comply will result in the revocation of the special exception.

3.12.2.9 The following categories and criteria shall be applied to all requests for Child Care as a Home Occupation:

* Must meet 25% Rule of Child Care Facility Home Occupations.

Note: Guidelines taken from NH Child Care Facility (Day Care) Licensing and Operating Standards under RSA 170

3.12.2.10 Definitions relating to Child Care Facilities

DAY CARE, FAMILY: Care of three (3) to six (6) children from one (1) or more unrelated families including children under six (6) years old who live in the home and others related to the applicant. In additional to the six children, one (1) to three (3) children attending a full day school program may also be cared for up to five (5) hours per day on school days and all day during school holidays.

DAY CARE, FAMILY GROUP: Care of seven (7) to twelve (12) children from one (1) or more unrelated families including children under six (6) years old who live in the home and others related to the applicant.

DAY CARE NURSERY: Care of five (5) or more children under three (3) years of age.

DAY CARE CENTERS, GROUP CHILD: See Group Child Care Centers

GROUP CHILD CARE CENTERS: Either a full day or half day child care facility (whether or not the facility is known as day nursery, nursery school, kindergarten, etc.) by which services are regularly provided for any part of a day, but less than twenty-four (24) hours to thirteen (13) or more children.

3.12.3 Adult Day Care Facilities as Home Occupations

3.12.3.1 Adult Day Care Facility Home Occupations shall be permitted by special exception only (property owner must apply to the Board of Adjustment for a special exception).

3.12.3.2 Adult Day Care Facility Home Occupations shall be carried on by the occupant only within a dwelling and shall be incidental and secondary to the use of the property as a dwelling for dwelling purposes and shall not change the residential character thereof.

3.12.3.3 No exterior renovations or construction will be permitted as part of a Adult Day Care Facility Home Occupation, excepting for minor modifications required by the Building Code or the Federal Americans with Disabilities Act for handicap accessibility.

3.12.3.4 The Adult Day Care Facility Home Occupation shall not occupy more than thirty-five percent (35%) of the normal living area of the home, as defined by the following, per NH Department of Health & Human Services regulations (Life Safety Code Section 3.3.16.2.2. - Definition of Net Floor Area)

3.12.3.4.1 The floor area within the inside perimeter of the outside walls, or the outside walls and fire walls of the building under consideration with deductions for hallways, stairs, closets, thickness of interior walls, columns, or other features.

3.12.3.5 In order to qualify as a Adult Day Care Facility Home Occupation, only members of the occupant's immediate family residing on the property may be employed. Upon request, the Board of Adjustment is authorized to permit the employment of two additional employees.

3.12.3.6 In considering a special exception for a Adult Day Care Facility Home Occupation, the Board of Adjustment shall consider, in addition to the requirements set forth above, whether the proposed Home Occupation will adversely affect the property involved, or neighboring properties, by reason of any unusual sight, light, noise, smell, traffic or other effects of the Home Occupation. The Board shall consider the adequacy of off-street parking for anticipated drop-off and pick-up of clients, although no parking areas in excess of those necessary for normal residential purposes will be allowed.

3.12.3.7 The Board of Adjustment shall impose such conditions and restrictions as it deems desirable or necessary to protect the residential character of the neighborhood.

3.12.3.8 In all cases where a special exception for a Adult Day Care Facility Home Occupation is granted, the person receiving the special exception shall complete and sign a form with the Building Inspector that sets forth the nature of the Adult Day Care Facility Home Occupation and provides details of the business and its scope of operations. The applicant shall comply with the conditions set forth in the granting of special exceptions and the failure to comply will result in the revocation of the special exception.

3.12.3.9 The following criteria shall be applied to all requests for Adult Day Care as a Home Occupation:

* Must meet 35% Rule of Adult Day Care Facility Home Occupations.

3.12.3.10 Definitions relating to Adult Day Care Facilities

DAY CARE CENTER, ADULT: An Adult Day Care facility in which more than 12 clients receive care, maintenance, and supervision by someone other than a relative or legal guardian for less than 24 hours per day, which has been licensed by a state or county licensing agency.

DAY CARE OCCUPANCY, ADULT: A portion of a structure (residential home or commercial building) used for less than 24 hours per day to care for more than 3 elderly adults requiring care, maintenance, and supervision by someone other than a relative, which has been licensed by a state or county licensing agency. Clients shall be ambulatory or semi-ambulatory and shall not be bedridden. (Definition modified from Life Safety Code Handbook 2000 16.1.4.2.)

FAMILY DAY CARE, ADULT: An Adult Day Care facility in which three (3) to six (6) clients receive care, maintenance, and supervision by someone other than a relative or legal guardian for less than 24 hours per day, within a residential dwelling unit (Definition modified from Life Safety Code Handbook 2000 16.6.1.4.1.)

GROUP DAY CARE, ADULT: An Adult Day Care facility in which seven (7) to twelve (12) clients receive care, maintenance, and supervision by someone other than a relative or legal guardian for less than 24 hours per day, within a residential dwelling unit (Definition modified from Life Safety Code Handbook 2000 16.6.1.4.1.)

Definitions:

HOME OCCUPATION: an occupation, profession, activity or use that is clearly a customary, secondary, and incidental use of a residential dwelling unit

Loudon (March 2008)

502 HOME OCCUPATIONS

Customary home occupations that do not materially disturb the residential neighborhood environment must comply with the following requirements:

502.1 Criteria for Minor Home Occupations

Uses classified as minor shall be permitted in all zoning districts which allow single-family residences. The following regulations shall apply to all minor home occupations.

A. The use shall be conducted entirely within a dwelling and carried on by the inhabitants hereof and no others.

B. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered to the
occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials construction, lighting, signs or the emission of sounds, or vibrations that carry beyond the premise.

C. No more than one room of the dwelling may be used for the home occupation.

D. There shall be no advertising, display or other indication of home occupation on the premises.

E. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks are not allowed, but person may pick up an order placed earlier as described above.

F. No storage or display of goods shall be visible from the outside of the structure.

G. No highly explosive or combustible material should be used or stored on the premises. No activity shall be allowed that would interfere with radio or television
transmission in the area, nor shall there be any offensive noise, odors, smoke, dust, vibration, heat, or glare noticeable at or beyond the property line.

H. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the area.

I. A home occupation shall have additional parking spaces available to compensate for the additional parking needs generated.

J. No use of material or equipment not recognized as being part of the normal practice of owning and maintaining a residence shall be allowed.

K. Deliveries from commercial suppliers may not be made more than once a week, and the deliveries shall not restrict traffic flow.

Permitted minor home occupations include, but are not limited to the following:

1. Artists and sculptors;
2. Authors and composers;
3. Home crafts for off site sales;
4. Office facility of minister, rabbi, or priest;
5. Office facility of a salesman, sales representative, or manufacturers representative provided that no transactions are made in person on the premises;
6. Professional office facilities;
7. Individual tutoring;
8. Preserving and home cooking for sale off site;
9. Individual instrument instruction provided that no instrument is amplified;
10.Telephone solicitation work; and
11.Family daycare home involving not more than three children

502.2 Criteria for Major Home Occupation

Uses classified as major home occupations shall require a special exception. Further, major home occupations shall be encouraged in neighborhoods in transition from one land use to another such as residential properties in the CI district. Pure single family neighborhoods, in general, should be protected from major home occupations unless it can be specifically demonstrated that such a use will not have a negative short or long term impact on the neighborhood. To this extent, the following regulations shall apply to all major home occupations.

A. [The use shall be conducted within a residence and carried on by inhabitants thereof and no more than three other persons. amended 1989]

B. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the
occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, construction, lighting, signs or the emission of sounds, noise or vibrations.

C. [deleted 2005]

D. Signs consistent with the sign regulations are permitted.

E. Incidental retail sales of stocks or merchandise, supplies or products may be made in connection with a major home occupation.

F. Home occupations shall provide additional off street parking area reasonably adequate to accommodate needs created by the home occupation of not less than one parking space for each 300 square feet of floor area devoted to the home occupation.

G. [Area and exterior storage for the major home occupation will be subject to the use with consideration by the Zoning Board. No activity shall be allowed which would interfere with radio or television transmission in the area; nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. amended 2005]

H. Inspections, there may be one (1) annual inspection each year by the zoning inspection officer to determine safety and compliance conditions.

Major home occupations requiring a special exception include but are not limited to the following:

1. Any use allowed as a minor home occupation;
2. Single chair beauty parlors and barber shops;
3. Photo developing;
4. Organized classes with up to six students at one time;
5. Television and other electrical repair excluding major appliances such as refrigerators etc.;
6. Small engine repairs, excluding automobiles, motorcycles and snowmobiles;
7. Upholstering;
8. Dressmaking;
9. Pet grooming;
10.Woodworking including cabinet making; and
11.Day care facilities caring for more than three children.
12.[Local contractors subject to all requirements of this section. adopted 2005]

502.3 [Such occupations shall not involve any stock in trade offered for sale other than that made on the premises, except by special exception. amended 1989]

502.4 Such occupation shall involve no advertising visible from the street except identification signs complying with S 501 are permitted.

502.5 Such occupation shall not distract from the residential character of the neighborhood. It shall not:

A. Generate non-residential levels of noise, vibration, glare, smoke, dust, fumes, odors or heat.

B. Require more than four (4) off-street parking spaces beyond those required by normal residential site plan.

C. Utilize the exterior spaces of the residential structure or yard for storage, display or occupational activities that unreasonably deviates from typical residential use.

Nashua (Dec. 15, 2007)

§ 190-47. Home occupations.

A. Minor home occupation. The purpose of this subsection is to permit the accessory use of a residence for business purposes which are clearly incidental to the principal residential use, provided that the use does not change the residential character or function of the property to the extent that the property would be distinguishable from other residential properties. Upon determination of compliance with the following conditions, the Administrative Officer shall issue a certificate of use and occupancy for the minor home occupation as provided for in § 190-130 of this chapter:

(1) No nonresidents shall be employed on the premises.
(2) No more than 20% of the existing gross floor area of the dwelling or 200 square feet, whichever is less, shall be devoted to such use.
(3) The use shall be carried on entirely within the principal building.
(4) The use shall not change the internal or external residential character of the dwelling or require internal or external alterations to the structure.
(5) There shall be no exterior storage or display of any kind which is related to the home occupation.
(6) Visitation to the premises in conjunction with the home occupation by customers, vendors, solicitors or commercial deliveries shall be unusual and may only be on an infrequent basis, i.e., no more than three such visits per week, on the average.
(7) The use shall be conducted in such a manner that the premises is otherwise indistinguishable from other residences in the neighborhood and shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in a residential dwelling.
(8) There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two square feet in area and which may only identify the occupant's name and address. The street address of the premises shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.
(9) Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.

B. Major home occupations. The purpose of this subsection is to permit the accessory use of a residence for business purposes which is clearly incidental to the principal residential use, provided that the use does not significantly change the residential character or function of the property to the extent that the use will be objectionable to other residential uses in the neighborhood. Specifically, the following special regulations must be met to the satisfaction of the Planning Board as well as the conditions set forth in § 190-133F before a conditional use permit can be granted. In granting a conditional use permit, the Planning Board may attach any reasonable conditions to the approval to ensure the protection of the residential character of the neighborhood:

(1) No more than one nonresident shall be employed.
(2) No more than 30% of the gross floor area of the dwelling or 300 square feet, whichever is less, shall be devoted to such use.
(3) The use shall be carried on strictly within the principal building.
(4) The use will not change the internal or external residential character or function of the dwelling to the extent that the use will be objectionable to other residential uses in the neighborhood.
(5) There shall be no exterior storage or display of any kind which is related to the home occupation.
(6) The use shall not create any noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or nuisance to any greater or more frequent extent than that usually experienced in other residential dwellings.
(7) Only goods produced on the premises, and made to order for a specific customer, may be sold on the premises.
(8) There shall be no advertising on the premises other than a single nonilluminated sign which shall not exceed two square feet in area. Such sign may only indicate the owner's name and address, and the street address shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.
(9) Not more than one commercial vehicle shall be stored, parked or otherwise situated on the premises. Such vehicle shall not exceed 25 feet in length.
(10) The use will not cause vehicular traffic which is substantially different from that which currently exists on the street.

C. Sign regulations. The following regulations apply to any home occupation sign in any residential district:

(1) Maximum sign area shall be two square feet.
(2) Sign shall not be illuminated.
(3) Sign content shall be identification only including the name and address of the occupant or business.
(4) Maximum number of home occupation signage per premises shall be one.
(5) Advertising on the premises is prohibited.
(6) Street address of the premises shall be prominently displayed by use of numerals no smaller than three inches in height and no larger than six inches in height.
(7) The above conditions for home occupation signage apply to both minor and major home occupations, as referenced in this § 190-47 of this chapter.

Newmarket (December 5, 2007)

7.01 HOME OCCUPATION AND HOME-BASED BUSINESS.

The purpose of allowing home occupations and home-based businesses is to enhance economic opportunities for residents without significantly detracting from the quality of the neighborhoods.

(A) Home Occupation. One home occupation shall be permitted in each residential unit. No Town approval is required. This type of home occupation shall be such that there are no impacts detectable from beyond the property boundaries. There shall be no non-resident employees, no increase in traffic generation, no increase in parking, and no outside activity or storage of any kind. A sign meeting the standards of 4.00 shall be permitted.

(B) Home-Based Business. One home-based business shall be permitted in each single-family residential unit, subject to the following:

(1) The home-based business is accessory to the residential use.

(2) Size Limits. The home-based business shall not exceed the following size limits without a Special Use Permit from the Planning Board. The Board shall consider the size of the lot, the suitability of access, ability to provide municipal services, impact on neighbors and the neighborhood, and other such considerations.

(a) Non-resident employees shall not be greater than one per acre of lot size, nor greater than a total of four.

(b) The home occupation shall be located within the dwelling or an accessory structure, and shall be limited to a floor area of not more than 1/3 of the total floor area of the primary residential structure including its attic, basement and attached garage.

(3) Home-based businesses uses may include office, personal or business service, light manufacturing, or other uses of a similar nature, but there shall be no on-site sale of goods except as is incidental to the primary activity or service.

(4) There shall be no outdoor activity or use, including storage and parking of commercial vehicles of 1.5 ton capacity or greater, beyond the provision of employee parking.

(5) The home occupation shall not be such that it requires regular or frequent service by heavy commercial trucks since this would adversely impact the character of the neighborhood.

(6) Sufficient on-site parking shall be provided.

Springfield (November 2008 DRAFT)

ARTICLE V. HOME OCCUPATIONS & HOME BUSINESSES

It is the intent and purpose of these regulations to provide for opportunities for certain types of limited, home occupation or home business uses within residential districts while providing safeguards for the residential uses which are the principal uses within the districts.

5.10 HOME OCCUPATION

A home occupation is an accessory use of a dwelling unit for a business use which results in a product or service. It is an occupation which is carried on by a resident or residents who occupy the dwelling unit and which is clearly subordinate to the residential use of the dwelling unit. To qualify as a home occupation, an accessory occupation in the home must meet the following requirements on an ongoing basis.

A home occupation that continuously meets the criteria listed below is a use permitted by right and is not subject to the site plan review process by the Planning Board. If a home occupation changes to a home business, then the Planning Board must determine, through the site plan review process that any proposed home business complies with the criteria outlined in Section 5.20 below.

A. Non-resident employees are not permitted in association with a home occupation.

B. A home occupation is permitted one sign, either free-standing or building mounted, that is four square feet or less in size and is not illuminated.

C. A home occupation shall not generate traffic which is excessive for the road(s) providing access, and, as a guideline, the home occupation will generate no more than an average of four customer/client/delivery/service visits per day over the period of a week.

D. No more than two company vehicles may be parked outside at the site of a home occupation.

E. A home occupation shall be conducted within the dwelling unit or in an enclosed accessory structure.

F. The area within the structure(s) used by the home occupation shall not exceed 25% of the total finished floor area of the dwelling unit or a maximum of 750 square feet, whichever is less.

G. A home occupation shall not be permitted out-of-doors on the property. There shall be no outside operations, storage, or display of materials or products on an ongoing basis.

H. A home occupation shall not involve the use and storage of heavy vehicles or equipment used in the business.

I. The operation of any wholesale or retail business as a home occupation is prohibited unless it is conducted entirely by mail or by other method of communication and the home occupation will generate no more than an average of four customer/client/delivery/service visits per day over the period of a week.

J. A home occupation shall conform with the obnoxious use provisions outlined in Section 6.10.

K. No activity shall be allowed which would interfere with radio or television reception in the area.

L. A home occupation shall be compatible with residential uses and shall not detract from the residential character of the neighborhood.

5.20 HOME BUSINESS

A home business is an accessory use of a dwelling unit for a business use which results in a product or service. It is a business which is carried on by a resident or residents who occupy the dwelling unit and which is clearly subordinate to the residential use of the dwelling unit. The Planning Board must determine, through the site plan review process, whether any proposed home business complies with the criteria outlined below. If the Planning Board determines that an application for site plan review for a proposed home business does not comply with the criteria outlined below, then the applicant must have an application for a Special Exception for a business, commercial or industrial use approved by the Zoning Board of Adjustment and then return to the Planning Board for approval of a site plan review application. To qualify to be defined as a home business, an accessory business in the home must meet the following requirements on an ongoing basis:

A. No more than two non-resident employees or subcontractors who use the site of the home business as their base of operations are permitted in association with the business. Non-resident employees or subcontractors who do not come and go from the site are permitted.

B. A home business is permitted one sign, either free-standing or building mounted, that is four square feet or less in size and is not illuminated.

C. A home business shall not generate customer or client traffic which is excessive for the road(s) providing access, and, as a guideline, the home business will generate no more than an average of 12 customer/client/delivery/service visits per day over the period of a week.

D. Adequate off-street parking shall be provided for a home business as determined by the Planning Board. As a guideline, a permissible home business should need no more than three parking spaces in excess of parking for the residential use.

E. No more than three company vehicles may be parked outside at the site of the home business.

F. A home business shall be conducted within the dwelling unit or in an enclosed accessory structure.

G. The area within the structure(s) used by a home business shall not exceed 35% of the total finished floor area of the dwelling unit or a maximum of 1,000 square feet, whichever is less.

H. A home business shall not be permitted out-of-doors on the property. There shall be no outside operations, storage or display of materials or products.

I. A home business shall not involve the use and/or storage of heavy vehicles or equipment used in the business such as back-hoes, graders, dump trucks, etc.

J. A home business shall conform with the “nuisance” provisions outlined in Section 6.10.

K. A home business shall conform with the “obnoxious use” provisions outlined in Section 6.10.

L. If a home business is the type in which classes are held or instruction is given, there shall be no more than eight students or pupils at any one time.

M. A home business shall be compatible with residential uses and shall not detract from the residential character of the neighborhood.

N. If there is a change of ownership of the property where a home business has been approved by the Planning Board and the new property owner proposes to continue the same home business, then the new property owner must conduct the home business in the same manner and under the same conditions as originally approved by the Planning Board or must reapply to the Planning Board for a new site plan review approval.

O. If a final site plan review application for a home business is approved by the Planning Board, then the home business approval is limited to the application as submitted and approved. If the terms of the approval are exceeded, then the applicant must return to the Planning Board for approval of an amended final site plan review.