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2026 Annual Town Meeting, Town of Arlington, MA
Article: 49
Warrant Article Title:
ZONING BYLAW AMENDMENT / HOME OCCUPATIONS
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw, to add,
modify, or remove definitions and regulations related to Home
Occupations, to create the opportunity for running larger, and
more types of Home Occupations; or take any action related
thereto.
Requested By:
James Fleming and Andrew Greenspon and ten registered voters
Report Excerpt:
The Board recommends Favorable Action (5-0).
The purpose of Article 49 is to modify the definitions and
regulations relating to Home Occupations, in order to expand
economic opportunities for small businesses. Adequate
commercial space is in short supply in Arlington, with many
spaces being too expensive or inappropriately sized to meet the
needs of a small business. It was noted that many residents
already run businesses out of their homes, and this article will
provide them with greater flexibility to operate. The Board felt that
this article would protect the quiet enjoyment that people expect
from residential districts while giving entrepreneurs more options.
Article 49 is substantially different from an article proposed for last
year’s Town Meeting, which would have allowed for more
commercial uses in residential districts. This article relates only to
small home businesses, not larger commercial ventures. Such
businesses would be allowed to have no more than one employee
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in addition to the resident, so this proposal would not increase
traffic or modify the nature of residential neighborhoods. This
article also clarifies that the home occupation definition does not
apply to those working from home for an employer.
Vote Language:
That the Zoning Bylaw be and hereby is amended as follows:
Amend SECTION 2, Definitions, as follows:
Home Occupation: An accessory use A business or occupation
which is carried out on a property, by a resident of the
property, which on entirely within a dwelling unit, and is
incidental and subordinate to the dwelling use, and which
does not include retail sale of merchandise on the
premises nor alter the residential character of the lot or
building as regulated under Section 5.9.1. Such Home
Occupation is considered an Accessory Use. A Home
Occupation does not include working from home for an
employer. Home occupation shall not include: Personal
Service Establishment Uses; Office, Business or
Professional Uses; commercial stables or kennels, or
teaching of more than three pupils simultaneously, and in
the case of music instruction, teaching of more than one
pupil at a time.
Amend SECTION 5.4.3, Use Regulations for Residential
Districts, as follows:
Class of Use
R0
R1
R2
R3
R4
R5
R6
R7
Office Uses
...
Physician or Clergy office
within a residence with up to
1 nonresident employee.
SP
SP
SP
SP
...
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Accessory Uses
...
Home Occupation Note:
Requires a special permit if
home occupation serves
customers or pupils on the
premises. See Section
5.9.1.
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Y
Amend SECTION 5.9.1, Home Occupation, as follows:
5.9.1. Home Occupation
A.Purpose
The purpose of this Section is to promote economic
opportunities for Arlington residents that, by the nature of
the venture, are appropriate in scale and impact to be
operated in a Residential District.
A.B. Requirements
In any Residential District, a hHome oOccupation is
permitted if all the following conditions are met:
(1)No Not more than one nonresident shall be
employed therein.
(2)Not more than 25% of the existing gross floor area
of the dwelling unit in the principal building, not to
exceed 600 square feet, is devoted to the home
occupation, and no stock in trade, commodities, or
products shall occupy space beyond these limits.
(3)There shall be no display or storage of goods or
wares visible from the street.
(4)All advertising devices visible from off the lot are
specifically prohibited. One sign is permitted per
Home Occupation, pursuant to Section 6.2.1.E.(9).
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(5)The buildings or premises occupied shall not have a
detrimental impact on the neighborhood due to
exterior appearance, emission of odor, gas, smoke,
dust, noise, electrical disturbance, or in any other
way. In a structure containing more than one
dwelling unit, the use Home Occupation shall not
become objectionable or detrimental to any
residential use within the structure the residents’
quiet enjoyment of their dwelling units.
(6)Any such building shall include no feature of design
not customary in buildings for residential use.
(7)Materials stored on the premises and associated
with the Home Occupation shall not include
explosives, any “hazardous material” as defined in
M.G.L c. 21E, §2, or any “hazardous waste” as
defined in M.G.L. c.21C, §2, and regulations
promulgated thereunder for those two programs.
(8)Vehicular traffic relating to the Home Occupation
shall not exceed that normally expected in a
residential neighborhood; vehicles used to deliver
goods to the Home Occupation shall be limited to
passenger vehicles, mail carriers, and panel trucks
or small vans such as used by express package
carriers and office supply companies.
(9)The Home Occupation may include the on-premises
sale of articles produced by the Home Occupation,
and of items incidental to said products. Otherwise,
no items shall be sold on the premises.
(10) Home occupations shall not include Personal
Service Establishments, commercial stables or
kennels, or teaching of more than three pupils at a
time.
(11) With the exception of academic tutoring, music
lessons, or similar instruction, clients or customers
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shall not visit the premises outside the hours of 7:00
a.m. to 9:00 p.m.
(12) No off-street parking spaces are required in
connection with a home occupation.
(13) A Home Occupation shall not change the zoning
classification of the property in question and shall
not affect any zoning relief previously obtained for
such property. By way of example only (and without
limitation), a single-family dwelling having a Home
Occupation shall continue to be classified as a
single-family dwelling under the Zoning Bylaw; a
two- or more family dwelling having one or more
Home Occupations shall continue to be classified as
such, and shall not be classified as mixed-use under
the Zoning Bylaw.
B.Where permitted or allowed by special permit in the use
regulations, a physician may operate an office from the
physician’s residence with up to one nonresident
employee.
Amend SECTION 6.2.1, Signs, General Provisions, as
follows:
6.2.1 General Provisions
A.…
B.…
C.Applicability. This Section applies to all signs within the
Town of Arlington regardless of their nature or location,
unless specifically exempted in Section 6.2.1(E).
…
(4)Standards for signs for home occupations are
regulated pursuant to Section 5.9.1.
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(54) Nothing in this Section shall be construed to
prohibit a person from holding a sign while picketing
or protesting on public property that has been
determined to be a traditional or designated public
forum, so long as the person holding the sign does
not block ingress and egress from buildings, create
a safety hazard by impeding travel on sidewalks, in
bike or vehicle lanes, or on trails, or violate any
other reasonable time, place, and manner
restrictions adopted by the Town of Arlington.
…
D.…
E.Exemptions. The following signs are not regulated under
this Section:
…
(9) Non-illuminated signs which advertise a Home
Occupation, provided the sign does not exceed two
square feet in sign area.
(910) Any notice as defined in Title V, Article 1 of
the Town Bylaws.
Redevelopment Board Report
