The following standards apply to all home occupations-1, -2,
and -3:
A. On resident's property. Home occupations shall be conducted by the
individual on the property in which he/she resides.
B. Inside the dwelling. All activity related to the home occupation
shall be conducted inside the dwelling or inside a garage or barn-type
outbuilding.
C. Character. Home occupations must be subordinate to the residential
use and must have little or no impact upon the neighborhood. There
must be minimal indication of the home occupation evident from the
road or from neighboring properties.
D. Retail sales. There shall be no retail sales of goods or products
on the premises, except:
(1)
As may be incidental to the primary office or personal services
occupation (such as sales of hair products to a salon customer);
(2)
For goods shipped pursuant to mail/email/telecommunication order;
(3)
To customers who visit by prearranged appointment only; or
(4)
For barn sales as specified under home occupation-3.
E. Delivery of goods. The regular receipt or delivery of merchandise,
goods or supplies to or from the business shall be limited to U.S.
mail service, a standard parcel delivery service utilizing a two-axle
vehicle, or a private passenger automobile.
F. Outside storage/parking. There shall be no outside storage or parking
of materials, equipment, or vehicles (except for one ordinary passenger
vehicle, pickup truck, or van related to the business). Box trucks
are permitted by special exception subject to a determination that
adequate buffering can be provided.
G. Performance standards. There shall be no emission of noise, odor,
dust, fumes, vibration, or smoke beyond the property or, in the case
of multifamily dwellings, beyond the dwelling unit.
H. Septic system. Septic system design/capacity for home occupations
that utilize significant additional water or wastewater volumes, such
as hair salons and catering services, shall be verified in writing
by a licensed New Hampshire septic designer or a professional engineer.
I. Multifamily dwellings. Home occupations are allowed in all residential property. Any proposal for a home occupation-2 or home occupation-3 in a dwelling other than a single-family dwelling shall be reviewed as a special exception (see §
275-24.6 below). In addition, the owner and residents of all units in the dwelling shall be notified of the hearing by certified mail.
J. Parking.
(1)
Adequate parking must be provided either on street or on site
as determined by the Planning and Development Department (or the ZBA
where a special exception is required).
(2)
All parking design requirements stipulated in Article
5, Residential Zoning Districts, shall be met.
(3)
Parking shall be located in a regular residential driveway,
in the side yard, or in the rear yard. Parking can occur in the front
yard if the Director of Building, Zoning, and Licensing Services has
found that no other alternative exists. Back-to-back parking is permitted.
If the amount of parking is noticeably greater than that for a typical
single-family dwelling then it shall be fully screened or buffered.
It is emphasized that if parking cannot be handled properly and unobtrusively
then the home occupation shall not be permitted.
K. Hours of operation. Hours for customers to visit the home occupation
are restricted to the following unless otherwise specifically approved:
8:00 a.m. to 7:00 p.m., Monday through Friday; 9:00 a.m. to 6:00 p.m.
Saturday.
L. Nontransferability. Home occupation approvals are not transferable;
they are issued to a specific individual applicant for a specific
home occupation at a specific site.
M. Certificate of occupancy. Prior to the commencement of any home occupation,
a certificate of occupancy must be obtained from the Director of Building,
Zoning, and Licensing Services when deemed necessary by the Director
or requested by the applicant.
N. Expansion. No expansion of the scope, or significant change in the
nature, of any home occupation for which an approval has been granted
shall occur without subsequent review and approval.
O. Revocation. An approval for a home occupation may be revoked by the
Director of Building, Zoning, and Licensing Services for violation
of any provisions of this chapter or of any conditions of the approval.
Appeals of any such revocation shall be made to the Zoning Board of
Adjustment.
P. Commercial districts. Within commercial districts, where the use
is allowed, it need not be pursued as a home occupation even if the
business owner operates from his/her house. However, site review approval
is still required and the applicant is responsible for obtaining all
other applicable permits.
A home occupation-1 is an office-type home occupation. All of
the following standards apply:
A. Employees. There shall be no more than one employee working on site
other than household members who reside with the operator;
B. No customers. There shall be no customers who come to the residence;
C. Deliveries. Minimal deliveries may be made to the residence;
D. No signage. There shall be no signs visible from the road;
E. No external indication. There shall be no external indication of
the enterprise; and
F. No review. No review or approval process is required except that
a letter of intent must be submitted to the Planning and Development
Department.
A home occupation-2 is an office or personal services type home
occupation which may be more intensive than a home occupation-1. All
of the following standards apply:
A. Employees. There shall be no more than one employee working on site
other than household members who reside with the operator.
B. Five hundred square feet. There shall be no more than 500 square
feet of area used for the business.
C. Signage. There may be only one sign for the business visible from
the street. The sign shall be nonilluminated and shall not exceed
three square feet in area per side.
D. Classes. Instruction in classes shall be limited to four pupils at
one time.
A home occupation-3 is an office, personal services, processing,
or small-scale craft-production type home occupation which is more
intensive than home occupations-1 and -2. All of the following standards
apply:
A. Employees. There shall be no more than two employees working on site
other than family or household members who reside with the operator.
B. Area. There shall be no more than 1,000 square feet of area used
for the business.
C. Signage. There may be only one sign for the business visible from
the street. The sign shall be nonilluminated and shall not exceed
four square feet in area per side.
D. Barn sales. If there is a barn on the property which was built prior
to 1960 it may be used for retail sales (but not for the sales of
any vehicles). The ZBA shall approve the type of items offered for
sale as part of a special exception review to ensure there is no adverse
impact upon the neighborhood.
E. Classes. Instruction in classes shall be limited to eight pupils
at one time.
A home occupation-2 or a home occupation-3 where no special
exception is required shall be subject to the minor site plan review
process as set forth in the Rochester Site Plan Regulations.
The review process for a home occupation-2 or a home occupation-3
where a special exception is involved requires the submission of a
special exception application to the Zoning Board of Adjustment, ZBA
approval, and then minor site plan review approval as set forth in
the Rochester Site Plan Regulations.
The following occupations/activities shall not be considered
home occupations:
B. Contractor's storage yard.
D. Kennels or stables, commercial.
F. Any vehicle or other heavy equipment repair.
H. Retail sales operation (except as noted above).
J. Commercial yard sales (except for barn sales as noted above).