Home occupations
(a) Purpose and intent. The purpose of this section is to permit residents a broad choice in the use of homes as a place of livelihood and the production of supplemental personal and family income, to maintain and preserve the character of residential neighborhoods by protecting them from adverse impacts of activities associated with commercial uses.
(b) Eligibility. Certain home occupations are allowed within a dwelling or an accessory structure (where accessory structures are allowed) in all farming and residential districts.
(c) Town review. Providing that all conditions noted below are met, no permit shall be required for home occupations.
(d) Allowable uses. Allowable home occupations include the following, provided, however, the occupations do not violate the conditions set forth herein, or violate any other regulations by licensing authorities.
(1) Dressmaking;
(2) Sewing and tailoring;
(3) Telephone solicitation work, or any work conducted on a home computer;
(4) Photography studio;
(5) Tutoring or training;
(6) Home crafts;
(7) Food and beverage production;
(8) Studios for artists or craftworkers;
(9) Single-operator hairdresser;
(10) Professional services such as: offices for attorneys, real estate agents, insurance agents, accountants, stockbrokers, engineers, architects, landscape architects, writers, data programmers and app designers, web and graphic designers, interior designers, translators, sales representatives, and other small-scale service offices;
(11) Studio and private lesson space for musicians and singers;
(12) Online or small-scale in-person course instruction;
(13) Small-scale watch, jewelry, and electronics repair (computer and phone repair);
(14) Family day care;
(15) Small-scale indoor commercial recreation, health and fitness services and lessons, such as yoga and pilates studios, dance studios, certified massage therapy, physical therapy, sports performance training, martial arts;
(16) Small-scale automotive, small engine or motorcycle repair in a garage or outbuilding with no outdoor storage of equipment, materials or vehicles;
(17) Limited landscaping or other home-based service businesses, which are conducted off-site (off premises).
(e) Conditions. Home occupations are allowed subject to the following conditions:
(1) Size of use. The use of the dwelling unit or, where permitted, an accessory structure by the resident for a business is incidental and subordinate to its use for residential purposes and occupies 25 percent or less of the floor area within the dwelling unit on the premises or the equivalent floor area within an accessory structure.
(2) On-site parking and traffic. All allowable uses are allowed on any size residential lot so long as the use does not generate more than, on average: (1) one customer car visit per hour, and (2) no more than two commercial deliveries per day during normal business hours, and (3) all customer parking can fit on the property's driveway. Traffic, including traffic by commercial delivery vehicles, shall not be generated in greater volumes than would normally be anticipated in a residential neighborhood wherein no home occupation exists. Businesses that expect more than one customer car visit per hour, but no more than an average of four, may be allowed on lots of 20,000 square feet or greater. Businesses that expect more than four customer car visits per hour, but no more than an average of eight, may be allowed on lots of 40,000 square feet or greater. Blocking vehicle or pedestrian traffic on any portion of a public street, alley, or sidewalk is prohibited.
(3) Employees. No more than two non-resident employees are allowed on the premises.
(4) Outside appearance. There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from the property line of the conduct of such business, except that one sign for the business is allowed (see "signage" below).
(5) Noise. The operation of any home occupation shall conform to all town noise ordinances.
(6) Signage. One sign for the business not larger than two square feet in area. The sign shall be flush-mounted to the dwelling unit. Sign lighting shall be indirect only, and shall be shielded such that the light is not directed toward and does not shine upon adjacent properties. Vehicles or equipment may not be used for the primary purpose of advertising the home occupation at the site of the home occupation.
(7) Hazards and nuisances. No hazard or nuisance, including noise, dust, odors, heat, glare, noxious fumes, vibrations, or hazardous waste shall be created, nor hazardous materials stored, to any greater or more frequent extent than would be expected in the neighborhood under normal circumstances wherein no home occupation exists. Commercial repair of vehicles, engines, and machinery, and all other uses prohibited in residential districts, is strictly prohibited, except where accessory to a farm.
(8) Outside goods and materials. There shall be no outdoor display or sale of goods, outside storage, or stockpiling of materials on the premises. There will be no more than one vehicle outside for business use or delivery (as opposed to vehicles for normal residential use), and any and all outside storage of vehicles for commercial repair is strictly prohibited.
(9) Retail sales. There shall be no retail sales on the premises, only as authorized herein this section.
(10) Parking. Parking for the home occupation shall preferably be met on site, in a driveway, garage, or car port. For uses on lots of 20,000 square feet or greater with higher parking demand, a small outdoor parking area for up to four parking spaces may be allowed. For uses on lots of 40,000 square feet or greater with higher parking demand, a small outdoor parking area for up to eight parking spaces may be allowed. Under no circumstance shall more than eight parking spots be allowed in such parking areas. For such small outdoor parking areas, the use of pervious materials including, but not limited to, crushed shells or stone, gravel, lattice finishes that allow for turf to grow within the parking area, or re-enforced turf are strongly encouraged. Where pavement shall be used, treatment of stormwater runoff from these surfaces shall comply with the most recent version of the Rhode Island Stormwater Design and Installation Standards Manual. Only in locations where there is adequate on-street parking, such parking shall be only in front of the property and not in front of abutting properties.
(11) Lighting. All lighting related to the business use of the property shall be indirect only and shall be shielded such that the light is not directed toward and does not shine upon adjacent properties.
(12) Utility use. The home occupation shall not cause a demand for municipal, community, or utility services that are substantially in excess of those usually and customarily provided for residential uses.
(13) Commercial equipment. There shall be no storage of commercial equipment on the property except as allowed for farms.
(14) Hours of operation. Visiting of customers and delivery shall be restricted to 7:00 a.m. until 9:00 p.m. daily.
(15) Screening. For uses that require a small outdoor parking area (as opposed to driveway, garage, or car port parking), opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any parking area that falls within 50 feet of a side or rear lot line.
(16) Renter/owner responsibility. If the proprietor of a home occupation rents or leases the property wherein the home occupation is intended to be conducted, the applicant must provide a letter of acknowledgment and consent from the property owner at the time the business is registered with the town.
(f) Conditions for specific uses.
(1) Food and beverage production.
a. No noticeable odors from the food/beverage production emitting from the property.
b. Production of beer, wine and/or spirits is prohibited as a home occupation.
(2) Family daycare.
a. Limited to a capacity of six children or adults being cared for within the daycare operations at any given time (not including any children or adults permanently residing there).
(3) Small-scale indoor commercial recreation, health and fitness services.
a. Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.
(4) Studio and private lesson space for musicians and singers. Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.
(5) Small-scale in-person course instruction. Limited to a capacity of six clients on the premises at any one time, subject to business's ability to meet the requirements for on-site parking and traffic.
(6) Small-scale mechanical maintenance and repair, woodworking, furniture making, machining of metal, welding, and fabricating.
(7) Off-premises businesses such as landscaping, snow plowing. Limited to the storage of a single vehicle and/or trailer/equipment that is necessary to conduct such a business.
(8) Consignment shops, antique shops on a small scale (maximum 400 square feet).
(Ord. of 4-25-2001; Ord. of 5-26-2004(1); Ord. of 3-24-2021(1))