Hadley City Zoning Code
SECTION XX
Home Occupations
§ 20.1 Purpose.
The purposes of this bylaw are:
20.1.1.
To protect the rural character, aesthetic visual qualities, natural environmental features, and historical features of the Town and property values of properties in the neighborhood of the home occupation.
20.1.2.
To discourage unlimited development and curb cuts along streets and highways.
20.1.3.
To promote the safety of pedestrian and vehicular movement to and from a home occupation site in relation to the adjacent residences, neighborhood and highway traffic safety and to protect the capability of local roads to conduct traffic smoothly and efficiently.
20.1.4.
To promote an attractive and viable Agricultural-Residential District.
§ 20.2 Types of home occupations.
[Amended 5-5-2011 ATM by Art. 18]
20.2.1.
Home office: A vocation, trade, small business, craft, art or profession which can be conducted entirely within the main (principal) or an accessory building of a property. This type of home occupation has no employees other than full-time residents of the home and, by nature of its limited size and scope, does not cause any outward manifestation (such as traffic generation, parking congestion, noise, or air or water pollution), nor does it have any public service or utility demand which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. A home office requires work space that produces no noticeable impact on the neighborhood. A home office will be permitted as of right if the applicant complies with all of the additional following conditions:
20.2.1.1.
The home office shall be conducted only by a bona fide resident of the home; and
20.2.1.2.
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, and the resident does not perform any service for fee or conduct any sales during the visit, and when no more than one visit per day occurs; and
20.2.1.3.
No signs are permitted for the home office; and
20.2.1.4.
No goods may be sold on the premises, nor may there be any sale of goods stored on the premises, either retail or wholesale, and no goods may be displayed on premises; and
20.2.1.5.
No indoor or outdoor storage of materials is allowed; and
20.2.1.6.
The home office must be registered annually with the Zoning Enforcement Officer by January 31 of each year or shall be deemed expired.
20.2.1.7.
The Zoning Enforcement Officer may charge a fee for registration.
20.2.2.
Home business: A vocation, trade, small business, craft, art or profession that can be conducted entirely within the main (principal) or accessory building of a property by a bona fide resident of that main building. This type of home business may have employees other than full-time residents of the home. A home business is limited in size and scope, does not cause any visible impacts (such as traffic generation, parking congestion, noise, or air or water pollution), nor does it have any public service or utility demand which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. A home business requires work space that does not produce a negative impact on the neighborhood. All home businesses, as defined in § 20.2, shall require a special permit issued by the Planning Board and shall comply with all the following additional conditions:
20.2.2.1.
The home business shall clearly be incidental and secondary as compared to the residential purpose of the property and it shall be conducted in such a manner that it does not give an outward appearance of a business, except as specifically allowed for signage and parking by this bylaw; and
20.2.2.2.
Only one home business shall be permitted per residential property, and it shall be conducted by the principal practitioner who occupies the main building as his/her bona fide residence, with no more than two other persons, whether full time, part time or temporary, engaged in the occupation. Members of the immediate family also residing in such building shall not be counted as employees for the purpose of this section; and
20.2.2.3.
No home business shall occupy more than 40% of the gross combined floor area of the main building and the accessory structure or more than 400 square feet total, whichever is less; and
20.2.2.4.
One sign per lot may be displayed, either attached to the structure or at street location, advertising the home business, provided:
(1)
It does not exceed four square feet in area; and
[Amended 10-26-2023 ATM by Art. 10]
(2)
If attached to the structure it must be within the first floor building height, or if at street location the top of the sign and mounting pole must not exceed 72 inches above ground (earth) and must be set back a minimum of 10 feet from the front property line; and
(3)
It is not illuminated, internally or externally, nor backlit; and
20.2.2.5.
Incidental goods may only be offered for sale from the premises if the special permit expressly permits it; and
20.2.2.6.
All goods sold must be created, produced, or manufactured on the premises or clearly incidental to the primary business purpose; and
20.2.2.7.
The hours of client visits shall be expressly stated in the special permit, and in no case shall the hours extend earlier than 8:00 a.m. or later than 9:00 p.m.; and
20.2.2.8.
The hours and frequency of regular deliveries of products and/or materials shall be expressly stated in the special permit; and
20.2.2.9.
If the home business takes place in an accessory structure:
(1)
Constructed prior to the effective date of adoption of the Home Occupation Zoning Bylaw, then said structure shall conform to the setback requirements for accessory structures in that district;
(2)
Constructed after the effective date of adoption of the Home Occupation Zoning Bylaw, then said structure must conform to the setback requirements for a principal structure in that district; and
20.2.2.10.
The home business shall produce no obnoxious, toxic, or hazardous odors; and
20.2.2.11.
The home business shall produce no noise in excess of normal household noise and no electrical interference to any property, nor shall it produce vibrations, glare, or fumes that would be detectable to the normal sensory perception beyond the lot line; and
20.2.2.12.
No storage or use of hazardous, toxic, flammable or explosive materials in excess of normal household quantities is permitted; and
20.2.2.13.
All employee parking shall be on site; and
20.2.2.14.
Client parking shall be a maximum of two vehicles per lot; on-street parking is permitted, provided said parking must be within the frontage property line of the home business residence and on the same side of the street, and all other parking must be on site; and
20.2.2.15.
The home business shall allow the use or storage of a maximum of one heavy vehicle, said vehicle to have a maximum registered gross vehicle weight (gvw) of 14,000 pounds; and
20.2.2.16.
The home business shall not involve the use or storage of any other heavy vehicles or equipment, nor involve trucking or storage of any commodities not sold at the home business residence; and
20.2.2.17.
If the home business uses any vehicle(s) other than that actually registered in the name of the home occupant or homeowners then site plan approval shall be required; and
20.2.2.18.
No vehicle parking, except for the personal use of the homeowners, shall be permitted in the front yard setback, and the parking area shall not exceed 400 square feet for actual vehicle and equipment parking, excluding exclusive personal use parking, and said parking area shall not be closer than eight feet to any property/boundary line; and
20.2.2.19.
Any outdoor lighting fixture shall be shielded so that it does not produce a strong, direct light beyond the property boundary such that it does not exceed one footcandle at any property boundary; and
20.2.2.20.
No light standard shall be taller than 15 feet above the ground; and
20.2.2.21.
No home business shall be permitted on a flag lot; and
20.2.2.23.
All special permits for home business are nontransferable and are issued to said applicant for a specific home business.
20.2.2.24.
The Planning Board shall adopt regulations relative to granting the special permit for a home business.
20.2.2.25.
The Planning Board may charge a fee for any such special permits.