Article 6

Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board for the Town of Pelham Zoning Ordinance as follows:

Amend Article XII, Section 307-76 II to allow a small sign for lawful home occupations and to provide for a uniform standard for those signs so they are appropriate for residential neighborhoods? (Recommended by the Planning Board).

Status
Originator Planning Board
Planning Board 5-0-0

Voter's Guide Explanation

Under the existing zoning ordinances, minor home occupations are not allowed to have any kind of sign indicating what minor occupation(s) exist within the home. Not allowing any signs seems unfair and has resulted in an ongoing code enforcement problem. The Planning Board agrees with the Planning Director that a very small, sign (not to exceed 1.5 sq. ft. in size) without direct illumination should be allowed to advertise a minor home business. The sign's design and color would have to be appropriate for a residential neighborhood at the discretion of whomever the Board of Selectmen designate as responsible for the review and issuance of sign permits as described in Question 5.  In the instance of a second legal home occupation existing within the same home, this proposed zoning change would allow a second minor home occupation sign identical in design to the first and displayed in the same manner and location. In no case would more than two signs be allowed and both would require sign permits.

Backup Data

Proposed language italicized.

Language to be removed strikethrough.

Item 5: Amend Article XII, Section 307-76 II to allow a small sign for legal home occupations and to provide for a uniform standard for those signs so they are appropriate for residential neighborhoods.

Existing language:

II.   Minor Home Occupations [Amended March 8, 2005 ATM]

A Minor Home Occupation is an accessory use of a home or accessory structure for the purpose of conducting any non-agriculture business activity by a resident of that home that meets the following conditions. Home Occupations expressly do not include the parking or storage of tractor trailers, auto body, auto repair or small engine repair or maintenance, or other uses which involve the visible storage on the property of automobiles or the parts thereof. [Amended March 8, 2005 ATM]

1.     The occupation is clearly secondary and subordinate to the primary residential use.

2.     A maximum of one on site non resident employee.

3.     No outdoor storage, merchandise, obnoxious or injurious by reason of the production or emission of odor, dust, smoke, refuse matter, fumes, noise, vibration, heat or excessive illumination is prohibited.  In addition, the use, storage, or disposal of hazardous materials, chemicals, by-products, medical waste or similar items considered dangerous to health and safety shall not be permitted.

4.     No increase in traffic volumes beyond what is normally generated within the neighborhood.

5.     A maximum of one registered vehicle related to the business may be kept in view.  All other business related equipment must be garaged.

6.     Delivery of goods and materials is limited to vehicles customarily associated with residential deliveries.

7.     The sale of three (3) or more vehicles per year shall be considered a home occupation and shall not be permitted. [Amended March 8, 2005 ATM]

Minor Home Occupations are permitted as an accessory use without the approval of any Town board or official in all Zoning Districts within which residential uses are permitted.

Proposed language:

II.  Minor Home Occupations [Amended March 8, 2005 ATM]

A Minor Home Occupation is an accessory use of a home or accessory structure for the purpose of conducting any non-agriculture business activity by a resident of that home that meets the following conditions. Home Occupations expressly do not include the parking or storage of tractor trailers, auto body, auto repair or small engine repair or maintenance, or other uses which involve the visible storage on the property of automobiles or the parts thereof. [Amended March 8, 2005 ATM]

1.        The occupation is clearly secondary and subordinate to the primary residential use. 

2.     A maximum of one on site non resident employee.

3.     Any use that may be objectionable, noxious or injurious by reason of the production or emission of odor, dust, smoke refuse matter, fumes, noise, vibration, heat or excessive illumination is prohibited. In addition, the use, storage or disposal of hazardous materials, chemicals, by-products, medical waste or similar items considered dangerous to health and safety shall not be permitted without full local and state regulatory approval.

4.     No increase in traffic volumes beyond what is normally generated within the neighborhood.

5.  One (1) sign which advertises the minor home occupation is permitted. It shall not exceed 1.5 sq. ft. in area and shall not be directly illuminated. The sign must be of a design and color appropriate for a residential setting. In the event a second minor home occupation exists within the same dwelling, and where the additional business meets all the provisions of this section, an additional sign of identical size and design is permitted. No more than two (2) signs may be used for any combination of minor home occupations conducted within the boundaries of any individual lot. A sign permit is required for each sign.

56. A maximum of one registered vehicle related to the business may be kept in view.  All other business related equipment must be garaged.

67. Delivery of goods and materials is limited to vehicles customarily associated with residential deliveries.

78. The sale of three (3) or more vehicles per year shall be considered a home occupation and shall not be permitted. [Amended March 8, 2005 ATM]

Minor Home Occupations are permitted as an accessory use without the approval of any Town board or official in all Zoning Districts within which residential uses are permitted.