To the editor: Home occupation and home business

As the recording secretary for the Chester Planning Commission, my job requires me to pay careful attention to what is said at the meetings, so that I can summarize the discussion in writing. The meetings are taped, and I can replay something as much as I need to.

Frequently, as I work with the recording of the meeting, I find myself wishing I could have said something at the time to clear up a misunderstanding. I feel that people who care enough to come to a meeting on a week night deserve information and support. At the last Planning Commission meeting on Monday, June 17, I heard many people not quite understanding the concept of home occupation, which is key to understanding at least one part of zoning in Vermont.

Home Occupation is protected by Vermont Statute. The statute is in Chapter 24. § 4412 (You can find it by clicking here):  It says, “(4) Protection of home occupations. No bylaw may infringe upon the right of any resident to use a minor portion of a dwelling unit for an occupation that is customary in residential areas and that does not have an undue adverse effect upon the character of the residential area in which the dwelling is located.”
Chester’s current bylaws, which can be found here, have similar language:

“3.11 HOME OCCUPATION – No regulation herein shall infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not have an undue adverse effect on the character of the neighborhood. The primary use of the premises shall be that of a private residence, and the home occupation shall be carried on in the residence or in a typical accessory building. Disturbances such as noise, vibration, smoke, dust, odors, heat, glare, and electrical interference or line voltage variations shall not be produced. On‑street parking is not permitted, nor shall the exterior of the building be altered to take on a commercial aspect. The above limitations shall not apply to agricultural uses. Home occupations are allowed as permitted; accessory uses in all districts where residential uses are permitted.”

Notice that the actual type of occupation is only limited by the words “which is customary in residential areas and which does not have an undue adverse effect on the character of the neighborhood.” So, if I were able to use a saw and drill (I can’t, don’t worry) I could build picnic tables in my basement, and set them out on the lawn with a “For Sale” sign. As long as the tools weren’t loud enough to disturb the neighbors, I’m just doing a home occupation, my right to which is guaranteed by the state of Vermont and supported by the Chester bylaws. If I wanted to make doll clothes to sell at Christmas or knit sweaters, I could also do that at my home. I probably couldn’t run a rock crusher in the back yard. It would be too loud and dusty. Even though my home is an apartment, I am still allowed to have a home occupation in my rented space.

If any of those projects became a commercial success and I wanted more space and help, I could move into the barn and actually hire up to 4 non-family members to work for me. I would have t to obtain a permit for a home business from our Zoning Administrator. Chester’s bylaws define home business this way. “HOME BUSINESS: Any small business carried on by family members in a minor portion of the dwelling or in an accessory building, with no more than four (4) on premise employees who are not part of the family in accordance with Section 3.12 of these Bylaws” Here is the text of Section 3.12:

“3.12 HOME BUSINESS – No regulation herein shall infringe upon the right of any resident to use a minor portion of a dwelling for a Home Business which is customary in residential areas and which does not have an undue adverse effect on the character of the neighborhood. The Home Business shall be carried on by members of the family in a minor portion of the dwelling or in an accessory building. Four (4) full time equivalent on-premise employees who are not part of the family are permitted. Disturbances such as noise, vibration, smoke, dust, odors, heat, glare, and electrical interference or line voltage variations shall not be produced at a level which is seriously objectionable or out of character with the neighborhood.

Home Business is allowed as an accessory use, subject to conditional use review, in all districts where residential uses are permitted subject to the following provisions:

1. The home business shall be clearly incidental and secondary to the residential use of the property, and shall be conducted wholly within the principal or accessory structures;
2. The home business shall be carried on by members of the family residing in the dwelling unit. Four additional full-time equivalent employees who are not members of the family are permitted;
3. No traffic shall be generated which would be uncharacteristic of the neighborhood;
4. Exterior displays, exterior storage of materials, and exterior indications of the home business or variation from the residential character of the principal or accessory structures may be prohibited. (See Section 3.26 for home business/industry sign standards.)”

I hope this helps people understand the concept of Home Occupation and Home Business. These two activities are almost universally available to residents of Vermont and the proposed bylaws do not in any way attempt to abridge those rights.

More than one citizen at the meeting Monday night said the bylaws were too hard to understand. I agree that you can’t simply glance at them and know what you need to do to start a business. I hope people can consider how complex a function the bylaws fulfill, and make an allowance for that. I know the zoning administrator is always ready to help. Please bring your questions with you to the Saturday, June 22 workshop from 10:30 a.m. to 1:30 p.m. at Town Hall, 556 Elm St., or to the Planning Commission meetings which generally take place at 7 p.m. on the first and third Mondays of the month. Your input has already been very helpful.

Sincerely,

Cathy Hasbrouck
Recording secretary
Chester Planning Commission