[Massplanners] Online Auto Sales

[Nathan Chung]

The City of Northampton zoning ordinance handles home businesses in two
levels - one by-right and one with a special permit. I did a cursory look
at other municipalities, and this seems to be a common approach. In
Northampton, you still need to submit a Zoning Permit Application to the
Building Department first whichever is the case.

1. If you meet the definition of Home Business in 350-2.1, it is allowed
by-right in districts where it is allowed. Look for the definition of "Home
Business" here: https://ecode360.com/39471251#39471251.

2. If you exceed some of the by-right requirements such as having a
nonresident employee, you need to get a special permit from the Zoning
Board of Appeals per 350-10.12. Some requirements  from 2.1 are hard-set
such as "It [home business] must not occupy more than 40% of the gross
combined floor area of the main residential building and the accessory
structure (if such accessory structure is utilized for said home
business)." This requirement cannot be reduced with a special permit. The
special permit provision is here, https://ecode360.com/11957853.

With auto sales and anything auto-related, you have to be careful about
what they actually end up doing. Even if they say it's purely online, they
might have cars, car parts, chemicals, etc on-site or on curbside parking
spaces. Once it happens, it can be hard to enforce even if it is
enforceable. Neighbors who are experiencing issues might be scared to
report for fear of reprisals.

Nathan Chung, Land Use Planner
Office of Planning & Sustainability for the City of Northampton, MA
nchung at northamptonma.gov; (413) 587-1262
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