A home occupation in a residential zone can’t be the primary use of a property, according to an ordinance change proposed by the Planning Board.
Major home occupations are not currently restricted in size, a potential problem when an approved home occupation grows and impacts a residential neighborhood with activities that are more suitable in business or industrial districts, the board agreed at the May 28 meeting.
“We’d like to have an ordinance that is both clear to townspeople and easily defendable in court,” said board member Aaron Rouse.
DeCarlo Brown, town planner and economic community director, provided a list of legislative controls used by other towns, and pointed to the two most important controls: the operator of the home occupation resides on the property; and the residence remains the primary use.
Changing the ordinance’s home occupation definition to include both those controls for all home occupations was of utmost importance, the board agreed.
“I think that definition…is the first thing we want to change,” suggested board Chair Greg Zinser. “To me, that seems like a low hanging piece of fruit.”
The board asked Brown to offer some choices for language that would accomplish the update at their next meeting June 25.
Home occupations in the current ordinance are classified as either minor or major, and board members questioned the need to have both categories. They agreed to address that part of the ordinance in a later review.
Minor home occupations are currently restricted to an area of no more than 500 sq. ft. or 25% of the floor area of the residence, whichever is less, in addition to a number of other conditions.
The intent of conditions placed on both minor and major home occupations is to protect neighbors in a residential area from activities that generate nuisances, such as noise and traffic.
The board held a public hearing on the Aquifer Protection District Map prior to the meeting, with no public comment offered by residents. The board then voted unanimously to approve the map and forward it to the Town Council for a vote to readopt it. The 1990s era map had been lost and was recreated, requiring a public hearing and votes by the Planning Board and Town Council.
The next Planning Board meeting, previously scheduled for June 11, has been changed to June 25.
