Underlined text - original new text contained in the Finance Committee’s Warrant Single strike-thur – original deletions contained in the Finance Committee’s Warrant Double strike-thru – deletions based upon Planning Board’s recommendation to Town Meeting Bold/ Italicized / Underlined – new text based upon Planning Board’s recommendation to Town Meeting ARTICLE 16. To see if the Town will vote to amend the Town Code, Chapter 195, “Zoning Bylaw”, for purposes of amending section 195-7, “Home Occupations”, by deleting the language shown in strikethrough and adding the language shown as underlining, as follows:

§ 195-7 Home occupations.

A. Home occupations as of right. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling; provided, however, that all of the following conditions shall be satisfied: (1) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto which has been in existence at least five years, without extension thereof. (2) Not more than 25% of the combined gross floor area, not to exceed a maximum of 500 750 gross sq. ft. of the residence and any qualified accessory structures shall be used in the home occupation. The gross sq. ft. shall be calculated based upon sq. ft. that is principally used for the home occupation. Common areas to both the residence and the home occupation within the principal structure shall not be included in this calculation. In calculating gross floor area for the purposes of a home occupation, the provisions of this section shall prevail over those in Section 195-108. (3) No person not a member of the household shall be employed on site in the home occupation. (4) The home occupation shall not conduct on-site business transactions only on an appointment basis. An on-site business transaction is defined as a physical presence on the premise consisting of an exchange or transfer of goods, services or funds between the household member of the home occupation and serve not more than a client, customer, pupil, salespersons or the like at a time. A client, customer or pupil may consist of more than one person taking part in a single transaction. Business transactions may occur from 8 am to 8 pm, Monday through Saturday. Electronic, audio or video communications do not qualify as an on-site “business transaction” for the purpose of this section. (5) There shall be no exterior display, no exterior storage of materials and no other exterior indication (including but not limited to , noise, smoke, dust, odor, vibrations) of the home occupation or other variation from the residential character of the premises, including but not limited to alterations to utility services (which may not be increased beyond that which is required for residential structures of similar size). (6) No use, generation, storage or disposal of medical, biological, toxic or hazardous materials in quantities greater than associated with normal household use shall be permitted. (7) Traffic generated shall not exceed volumes normally expected in a residential neighborhood. (8) No more than one (1) commercial motor vehicle, not to exceed 142,000 pounds gross vehicle weight rating, including any trailers, may be parked in the driveway

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Belansky, Evan� 10/1/12 10:07 AM

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Belansky, Evan� 10/4/12 10:27 AM

Belansky, Evan� 10/1/12 10:08 AM

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Belansky, Evan� 10/1/12 10:10 AM

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Inserted: Friday. Electronic, audio or video communications do not qualify as a

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(9) By-right home occupations include, but are not limited to, the following. i. professional office: any professional or office type occupation, including but not limited to accountants, appraisers, architects, engineers, attorneys, real estate broker , contractors, insurance brokers, mortgage brokers, financial advisors; ii. Instructional Service: educational tutoring or lessons such as music, art, cooking; iii. Home artisan: including but not limited to artist studios, dress making, engraving, sewing, tailor, woodworking and horticulture; iv. Small item repair: including but not limited to locksmith, watch repair, small hand tool repair, shoe repair. (10) By-right home occupations may display a two (2) sq. ft. unlighted sign affixed either to the principal or accessory structure. (11) By-right home occupations shall be required to apply for a Business Certificate with the Town Clerk. B. Home occupations by special permit. All non as-of-right Businesses or professions that are incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by a resident of that dwelling upon the issuance of a special permit by the Board of Appeals; provided, however, that all of the following conditions shall be satisfied: (1) All of the requirements of Subsection A(1), (2) and (5) unless noted below. (2) Not more than one person not a member of the household shall perform work on the premises at a time. in the home occupation. (3) An unlighted sign of not more than three square feet in area may be permitted. The visibility of exterior storage of materials and other exterior indications of the home occupation, or other variation from the residential character of the premises, shall be minimized through screening and other appropriate devices. (4) Motor VehiclesParking for the business, employee, clients, customers, pupils, salespersons or the generated by the home occupation shall be provided by accommodated off street parking, within an existing paved driveway. other than in a required front yard, and shall not occupy more than 20% of the lot area. In granting a special permit, the Board may consider the use of on-street parking if it finds that the neighborhood will not be adversely impacted. (5) The use, generation, storage or disposal of toxic or hazardous materials in quantities greater than associated with normal household use shall be subject to design requirements to protect against discharge to the environment and compliance with state regulations and approval from the Chelmsford Fire Department.. (6) No more than two commercial motor vehicles may be parked in the driveway, provided that: Any commercial motor vehicle exceeding the standards in section 195-7.A (8) and any trailer shall require a special permit and: i. The motor vehicles, including any associated trailers, does not exceed a total combined 24,000 pounds (lb) gross vehicle weight: i. The motor vehicles shall not be heavy construction equipment / apparatus ii. The motor vehicles is not loaded in whole or part with toxic, noxious, flammable, dangerous or offensive materials or liquids. (7) The use, generation, storage and disposal of medical or biological waste, as defined in Mass 105 CMR 480.00 shall be prohibited. C. Special Permits by the Zoning Board

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Belansky, Evan� 10/1/12 2:10 PM

Belansky, Evan� 10/1/12 2:10 PM

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Belansky, Evan� 10/11/12 10:05 AM

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Belansky, Evan� 10/1/12 2:17 PM

Belansky, Evan� 10/1/12 2:34 PM

Belansky, Evan� 10/1/12 2:34 PM

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(1) A special permit may be issued to waive any provision of sections A and B above. (2) A special permit may only be granted to the current homeowner and shall not be transferable upon the sale of the property.

Explanation

This article seeks a comprehensive update to the existing home occupations bylaw. The proposed update serves to better protect residential areas from adverse impacts of activities associated with home occupations, allows residents to utilize their homes as a work place and a source of livelihood under certain circumstances and conditions and will ensure that home occupations are compatible with the neighborhoods in which they are located.

SUBMITTED BY: Planning Board

Belansky, Evan� 10/9/12 9:34 AM

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Deleted: D. Prohibited Home OccupationsThe following home occupations are prohibited:(1) Motor Vehicle sales, general repair, body repair or towing and storage;(2) Medical office or medical clinic;(3) Body art or massage service establishment;(4) Contractor’s shop / yard. (5) Research and development

Inserted: 5) Research and development