Can I run a business from home in Kittery, Maine?
Allowed with board review
Usually yes. In most residential zones, Kittery's 2022 land use code allows a minor home occupation (up to 3 workers, residents included) after Code Enforcement Officer review. A larger major home occupation (up to 5 workers) needs a public hearing and Board of Appeals approval as a special exception.
| Minor home occupation review | Code Enforcement Officer review against the standards [1] |
| Major home occupation review | Public hearing, notice to abutters, Board of Appeals approval [1] |
| Max workers (minor) | 3 people at a time, residents included [3] |
| Max workers (major) | 5 people at a time, residents included [7] |
| Customer hours (minor) | Not between 7:00 p.m. and 8:00 a.m. [5] |
| Extra parking (minor) | 1 space per nonresident worker; 1 if clients visit often [6] |
| Sign size in residential zones | No more than 8 sq ft [9] |
| Major home occupation permit term | Up to 1 year, renewed annually [8] |
Two tiers
Kittery takes a two-tier approach. A minor home occupation needs only Code Enforcement Officer review. A major home occupation needs a public hearing, notice to abutters and Board of Appeals (BOA) approval [1]. A business too big for the major standards counts as a commercial use and belongs in a commercial zone. In the Residential-Suburban (R-S) zone, for example, a minor home occupation is a permitted use [2] and a major one is a special exception. In the Shoreland Overlay part of the R-RL zone, even a minor home occupation is a special exception, so check your zone.
Minor home occupation standards
- You must live on the premises. Renters need the owner's written permission.
- No more than three people, residents included, working at one time [3].
- Prohibited uses include motor vehicle repair or sales, machine shops, junkyards, seafood processing, bait sales and marijuana businesses [4].
- No customer visits or business traffic between 7 p.m. and 8 a.m. (day care, B&Bs and water-dependent uses excepted) [5].
- Parking: a plan showing one space per nonresident worker and one if clients visit often [6]. Recurring parking overflow is a violation.
- Work must happen inside the home or an enclosed building. Only one business vehicle can be stored outside, and refuse must be kept indoors.
- On-site retail sales are limited to things produced on the premises and items incidental to the service.
Major home occupation
Up to five people may work on site [7]. Customer hours end at 7 p.m. and start at 7 a.m. The BOA weighs neighborhood compatibility and can relax some standards on large lots with a 75-foot buffer. Once the BOA approves it, the CEO issues a certificate of occupancy for up to one year, renewable each year [8].
Signs
In residential zones, accessory uses, including home occupations, get no more than 8 sq ft of sign area [9].
Source date
This answer comes from the Title 16 recodification as adopted January 24, 2022. Kittery has amended Title 16 since, so check the current text.
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Next steps
- Look up your zone on Kittery's zoning map and check whether a minor or major home occupation is permitted or a special exception there.
- Compare your plans with § 16.5.12: number of workers, customer hours, parking, outdoor storage and retail sales.
- For a minor home occupation, apply to Kittery Code Enforcement (207-475-1304) with a parking plan. Renters should include the owner's written permission.
- For a major home occupation, apply to the Board of Appeals for a special exception, which includes a public hearing and notice to abutters. Then renew the CEO's certificate of occupancy every year.
Common questions
- Can I run a business from my home in Kittery, Maine?
- Usually yes. In most residential zones, a minor home occupation, up to 3 people working including residents, needs only Code Enforcement Officer review. A larger major home occupation, up to 5 people, needs a public hearing and Board of Appeals approval as a special exception.
- How many employees can a home business have in Kittery, Maine?
- A minor home occupation allows no more than three people at a time, residents included. A major home occupation allows up to five.
- What hours can customers visit a home business in Kittery, Maine?
- For a minor home occupation, no customer visits or business traffic between 7 p.m. and 8 a.m., with exceptions for day care, B&Bs and water-dependent uses.
- Can I put up a sign for my home business in Kittery, Maine?
- In residential zones, accessory uses including home occupations get no more than 8 sq ft of sign area.
- What home businesses are prohibited in Kittery, Maine?
- Prohibited uses in a minor home occupation include motor vehicle repair or sales, machine shops, junkyards, seafood processing, bait sales and marijuana businesses.
Maine state rules for home businesses
Maine has no statewide home-occupation law. Whether you can run a business from home, and with what limits, is mostly up to your town's zoning. A few state rules may apply:
- Sales tax registration: If you regularly sell taxable goods or services from home, you must register with Maine Revenue Services and collect sales tax.
- Home food businesses: Making shelf-stable foods (baked goods, jams and similar) to sell requires a Home Food License from the Maine Department of Agriculture, Conservation and Forestry. It costs $20 a year and needs an initial kitchen inspection. Foods that must be refrigerated need a commercial license instead.
- Family child care: A state law (30-A M.R.S. §4364-D) makes family child care providers a permitted use in residential zones, under the same zoning rules as a single-family home. As amended in 2026, towns must follow it starting July 1, 2027. State child care licensing applies separately.
- Shoreland zone: The DEP's model shoreland ordinance defines a home occupation as one clearly incidental to the home, with no more than 2 employees besides family members living there. It requires a planning board permit in Limited Residential, Resource Protection and Stream Protection districts, and a code officer permit in Limited Commercial districts.
What the ordinance says
- § 16.5.12.A(3) Home Occupation: Purpose, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 247
These types of businesses are considered minor home 1200 occupations and require only review by the Code Enforcement Officer for compliance with 1201 the standards. A major home occupation in a residential district has the potential to be 1202 incompatible with its neighborhood setting. Therefore, a public hearing with notification to 1203 abutting property owners and BOA approval is necessary.
- § 16.4.11.B R-S Permitted uses, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 99
(10) Accessory Buildings, Structures, and Uses (11) Home Occupation, Minor
- § 16.5.12.B(2) Minor home occupation: Number of workers, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 248
(2) Number of workers. There must be no more than three persons, inclusive of residents of the 1222 premises, working in the home occupation(s) at the site at any one time.
- § 16.5.12.B(3) Minor home occupation: Prohibited uses, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 248
(3) Prohibited uses. The following uses are categorically prohibited as minor home occupations: 1224 motor vehicle repair; motor vehicle sales or rental; commercial parking; commercial outdoor 1225 storage; machine shop; wholesale use; junkyard; auto salvage yard; seafood cooking; 1226 processing and/or cleaning; bait sales; Marijuana Business.
- § 16.5.12.B(4) Minor home occupation: Business hours, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 248
(4) Business hours. Business activities involving clients or customers on the premises or 1228 vehicular traffic to and from the premises must not be conducted between the hours of 7:00 1229 p.m. and 8:00 a.m., except for a bed-and-breakfast, a day-care facility or a functionally 1230 water-dependent use.
- § 16.5.12.B(6) Minor home occupation: Parking, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 248
In 1241 addition to parking required for the residence, the following parking is required: 1242 (a). One parking space per nonresident worker at the site during the peak shift; 1243 (b). One parking space if clients or customers frequently visit the site;
- § 16.5.12.C(2) Major home occupation: Number of workers, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 250
(2) Number of workers. There must be no more than five persons, inclusive of residents of the 1296 premises, working in the home occupation(s) at the site at any one time.
- § 16.5.12.C(15)(a) Major home occupation: Annual renewal, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 252
(a). Upon approval of a major home occupation by the Board of Appeals, the Code 1371 Enforcement Officer is authorized to issue a certificate of occupancy permit for not more 1372 than a one-year time period. Such permit may be renewed annually upon application to 1373 the Code Enforcement Officer.
- § 16.5.23.G(1)(a) Signs: Sign area, Residential Zones, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 278
(a). Accessory uses, including home occupations, are allowed sign area no greater than eight 2320 square feet.
This page summarizes Kittery's posted ordinances as of 2026-10-01. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Code Enforcement (Planning & Development) (207-475-1304 (Development Staff Clerk); CEOs 207-475-1305 / 207-475-1308) before you build. Spot an error?