(Ord. of 4-17-79; 06-22-2005; A0173-12)
The failure to pay the annual license fee for any license or special license granted by the city council shall be cause for the revocation of such license or special license after the licensee has been informed by written notice of the fee due, the year, the name, and that his license or special license may be revoked after a hearing by the city council.
(Former Section 12-2, Licensing under MGL Chapter 140, Section 57 & 59, was repealed 12-13-2021 by Ord. No. C0203-21. History includes: Rev. Ords. 1976, Pt. 2, Ch. 10, § 14, A0048-10; A0173-12; C0441-16; M.G.L. c. 140, § 57; C0255-18; M.G.L. c. 140, § 57; M.G.L. c. 140, § 68; MGL Ch 140§ 59.)
(Former Section 12-3, Licensing under Chapter 148, Section 56, was repealed 12-13-2021 by Ord. No. C0203-21. History includes: C0255-18.)
(Former Section 12-4, Notice to Abutters, was repealed 12-13-2021 by Ord. No. C0203-21. History includes: Ord. of 4-4-94; Ord. of 6-5-95(2); A0173-12.)
(Ord. of 8-19-96(1)[1])
(a) 
The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or the other municipal charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
(b) 
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments, or other municipal charges, payable to the municipality as the date of issuance of said certificate.
(c) 
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) 
The city council may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter 268A in the business or activity conducted in or on said property.
(e) 
This section shall not apply to the following licenses and permits: open burning; section 13 of chapter 48; bicycle permits; section 11A of chapter 85; sales of articles for charitable purposes, section 33 of chapter 101; children work permits, section 69 of chapter 149; clubs, associations dispensing food or beverage licenses, section 21E of chapter 140; dog licenses, section 137 of chapter 140; fishing, hunting, trapping license, section 12 of chapter 131; marriage licenses, section 28 of chapter 207 and theatrical events, public exhibition permits, section 181 of chapter 140, and dumpster permits, section 17-79 of the Revised Ordinances of the City of Everett.
[1]
Editor’s note: Ord. of 8-19-96(1), added provisions to the Code, but did not specify manner of inclusion. At the discretion of the editor, therefore, said provisions have been included as § 12-30 herein. Editor’s Note: Changed from 12-11 in 2004.
(03-08-2006)
Any establishment licensed under Chapter 12 shall file a full and complete application for renewal, including required inspection reports, no later than 30 days from the date of the expiration of their current license.
(C0255-18; A0131-08)
(a) 
Purposes.
The purposes of these home occupation provisions are in recognition of:
(1) 
The need to protect market value of existing residential properties;
(2) 
The need to guarantee existing residential property owners freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects from commercial-type activities being conducted in residential areas;
(3) 
The need of some citizens to use their place of residence for limited commercial type activities to produce or supplement personal or family income;
(4) 
The fact that certain limited home occupational uses can be useful to both the community as well as the residential-proprietor;
(5) 
The fact that the nature of the investment or operation of some activities have a pronounced tendency once started to rapidly increase beyond the limits permitted and thereby impair the use and value of residentially zoned areas for residential purposes; and
(6) 
The City’s obligation to protect the integrity of its residential areas from activities that detract from the residential character of a neighborhood and infringe upon the rights of neighborhood residents.
(b) 
General Limitations.
Uses permitted as home occupations shall be limited as follows:
(1) 
Uses that are limited in extent;
(2) 
Uses defined in this chapter as customary home occupations or recognized professions,
(3) 
Uses that are clearly incidental and subordinate to the use of the premises for residential purposes;
(4) 
Uses that do not substantially change the appearance or condition of the residence or accessory structure;
(5) 
Uses that are compatible with neighboring residential uses; and
(6) 
Do not detract from the residential character of the neighborhood.
(c) 
Definitions.
As used in this section, the following terms shall have the meanings indicated:
(1) 
HOME OCCUPATION -- Any use of a legally existing residential property which is consistent with the limitations established in Subsection (a) above and which is in compliance with the performance standards established in Subsection (d) below. Uses which are not consistent with the limitations established in Subsection (b) above and/or which are not in compliance with the performance standards established in Subsection (d) below shall not be registered as a home occupation or be issued a permit as a home occupation. Such activities shall be considered by definition either a conforming or a nonconforming commercial activity.
(d) 
Performance Standards.
In any legally existing dwelling unit or accessory structure, home occupations may be conducted, provided that they are in compliance with the applicable requirements of this section and the following performance standards:
(1) 
Number Allowed per Residential Unit.
The total number of home occupations conducted within a dwelling unit is limited to one (1) Home Occupation.
(2) 
Appearance.
In no way shall the appearance of the residential structure or the premises be altered by a home occupation, and in no way shall the home occupation be conducted such that the structure or premises differs from its residential character by the use of colors, materials, premises layout, construction or lighting.
(3) 
Garage Sales and Yard Sales.
Home occupations do not include garage sales and yard sales.
(4) 
Home Occupations Involving Classes or Instruction.
If the home occupation is the type in which classes or instruction is given, there shall be no more than two (2) students or pupils in the dwelling unit or on the premises at any one (1) time, provided that the Board of Appeals may grant specific conditional approval of a reasonable number of additional students if it is found that the additional students will not generate additional motor vehicle traffic.
(5) 
Retail Sales Limited.
Retail sales, on premises, shall be prohibited except for the retail sales of merchandise, products, supplies or goods produced or fabricated on the premises as a result of the home occupation, provided that incidental retail sales may be made in connection with other permitted home occupations.
(Examples: A dressmaker would be permitted to sell only clothing produced or fabricated on site and would not be allowed to purchase stocks of dresses for sale to the general public on-site.)
(6) 
Number of Employees.
a. 
No person other than members of the immediate family or those permanently residing on the premises shall be employed, on a full-time or part-time basis, in the home occupation, except that the Board of Appeals may grant specific conditional approval of up to two (2) additional persons to be employed on a part-time basis for periods not to exceed three (3) months if it is found that the additional persons will not generate additional motor vehicle traffic.
b. 
Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities carried on off the premises, may have more employees if they are not employed on the premises nor report to the premises for any job-related purpose.
(7) 
Space/Floor Area Devoted to Home Occupation.
A home occupation shall be conducted only within the dwelling unit or an accessory building and shall not occupy more than twenty-five percent (25%) of the combined total floor area of the dwelling unit and accessory buildings on the premises, excluding any unenclosed areas such as decks and open porches, etc.
(8) 
Outdoor Display and Storage.
There shall be no outside operations, storage or display of products, materials, goods, supplies or equipment associated with the home occupation without the specific conditional approval of the Board of Appeals based upon a determination that such out-of-doors operation can be accomplished without adverse impact to adjoining properties and the traveling public, except that samples of goods sold or job-related materials may be carried in vehicles used for business purposes.
(9) 
Off-Street Parking.
The home occupation shall not require more than one (1) on-street parking spaces, for clients or customers, in addition to the off-street parking spaces available to the residence.
(10) 
Home Deliveries.
a. 
Home occupations shall not involve the use or storage at or on the premises of tractor trailers, semi-trucks or heavy equipment such as fuel trucks, logging or construction trucks or equipment. One commercial vehicle not to exceed (7,000 lbs) seven thousand pounds may be parked off-street at the premises during non-business hours.
b. 
Deliveries shall not exceed those normally and reasonably occurring from a residence, and shall not include more than an average of one (1) delivery of products or materials per day.
c. 
Deliveries shall not require vehicles other than those customarily used for residential package delivery.
(11) 
Signs.
a. 
There shall be no signs related to the home occupation present on the property, except one (1) flush-mounted wall sign, not over two (2) square feet in area, indicating only the occupant’s name and occupation.
b. 
The Board of Appeals may grant specific conditional approval of larger signs and non-flush-mounted signs upon a determination that a sign would not detract from the essential residential appearance of the particular dwelling and is consistent with the character of the zone in which it is located.
(12) 
Adverse Impacts.
a. 
A home occupation shall not be permitted to produce any offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines shall constitute a violation of the terms of this provision.
b. 
Home occupations which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors or other circumstances shall not be approved.
(13) 
Hours of Operation.
In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. or later than 8:00 p.m.
(e) 
Administrative Procedures.
(1) 
Registration Required.
All home occupations established, operated or maintained in the City of Everett are required to apply for a permit with the City Clerk, as follows:
a. 
Existing Home Occupations.
Within six months of the effective date of this provision, all existing home occupations are required to apply.
b. 
Application Forms.
Applications to permit a home occupation shall be on forms provided by the City Clerk.
c. 
There shall be no application fee for a Home Occupation Permit, but the annual fee for the permit shall be as specified in Article XI of this Chapter.
d. 
Permits Limited.
Uses that do not meet the definition of a home occupation, as provided in subsection (c) of this section, shall not be permitted as a home occupation.
e. 
Failure to Apply.
A failure to obtain a permit as required shall be deemed abandonment of any right to operate a nonconforming home occupation regardless of actual intent.
(2) 
Permits Required.
Prior to the establishment of a new home occupation after the effective date of this provision, the legal occupant of the residential property shall apply for a permit from the City Clerk pursuant to this section.
a. 
Application Forms.
Applications for a home occupation permit shall be on forms provided by the City Clerk.
b. 
Permits Limited.
Permits for home occupations are limited as follows:
1. 
Permits for home occupations shall be granted to a designated person who resides at the residential address.
2. 
Permits for home occupations are not transferable from person to person or from address to address.
3. 
Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, the surviving spouse or child residing at the same address may continue the permit upon notice to and written authorization from the City Clerk.
4. 
In cases where an application is considered not to be in compliance with the home occupation performance standards, the application will be denied.
5. 
If operating under name but the individual or corporate name, home occupations shall possess a valid business certificate.
c. 
Revocation of a Permit.
The City Clerk may revoke any home occupation permit for noncompliance with the criteria set forth in this section. If the permit is revoked, such home occupation use shall be terminated.
d. 
Compliance with Other Applicable Statutes And Standards.
Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
e. 
Inspections.
Home occupation applicants shall permit, if requested, a reasonable inspection of the premises by the Code Enforcement Officer or designee to determine compliance with this section.
(3) 
Penalties -Any person who violates the provisions of this chapter by any act of commission or omission shall be punished by a fine pursuant to Section 1-8 of the Revised Ordinances of the City of Everett, unless otherwise stated. Each day such violation continues shall be considered a separate offense.