Can I run a business from home in Salem, Massachusetts?
Yes, with a special permit from the Zoning Board of Appeals in the RC, R1, R2, R3 and B1 districts. The business must be run by residents inside the home, with no more than one outside employee, using no more than 25% of the home's floor area, and with at most one small 1.5 sq ft sign.
| Approval needed | Special permit from the Zoning Board of Appeals [1] |
| Districts | RC, R1, R2, R3, B1 (by special permit) [2] |
| Employees | Residents plus no more than 1 regular non-resident employee [3] |
| Max floor area | 25% of the dwelling unit's gross floor area [4] |
| Signs | One non-electric sign, max 1.5 sq ft, flat against the building [5] |
| Location | Entirely inside the dwelling; no display visible from the street [6] |
Special permit required
Salem's Zoning Ordinance treats professional offices and other home occupations as allowed only by special permit, and only for activities in which goods, wares or merchandise are not commercially created or handled [1]. The use table marks "Home occupation" as "BA" (Zoning Board of Appeals special permit) in the RC, R1, R2, R3 and B1 districts and not allowed in the other districts [2]. The Board can add its own conditions when granting the permit.
Conditions
Every home occupation must:
- be run entirely inside the dwelling unit, with no display visible from the street [6];
- be operated only by residents of the home, with no more than one regular employee who lives elsewhere [3];
- use no more than 25% of the home's gross floor area [4];
- have no more than one non-electric sign of up to 1.5 square feet, attached flat to the building [5].
What's not covered
Because the ordinance limits home occupations to uses where goods or merchandise aren't commercially created or handled, a business that makes or sells products from the home (beyond, for example, eggs or produce under the separate urban agriculture rules) doesn't fit this category. The zoning text we reviewed has no specific limits on customer visits or parking for home occupations; the Zoning Board of Appeals may address those as permit conditions. A home office with no employees, sign or visitors isn't separately addressed in the text, so ask Inspectional Services whether your use needs a permit at all.
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Next steps
- Confirm your property is in RC, R1, R2, R3 or B1 (home occupations aren't allowed in other districts).
- Check that your business fits: inside the home, residents plus at most one outside employee, 25% or less of the floor area, no goods made or sold commercially.
- Apply to the Zoning Board of Appeals for a special permit (via the city's Planning/Inspectional Services office), with a floor plan showing the business area and any sign.
- Ask Inspectional Services (978-619-5641) if a simple home office with no employees or visitors needs a permit.
Common questions
- Do I need a permit to run a business from home in Salem, Massachusetts?
- Yes. Home occupations need a special permit from the Zoning Board of Appeals and are allowed only in the RC, R1, R2, R3 and B1 districts. A home office with no employees, sign or visitors isn't separately addressed, so ask Inspectional Services whether it needs a permit.
- What are the home occupation rules in Salem, MA?
- The business must be run entirely inside the home by residents, with no more than one non-resident employee, using no more than 25% of the home's gross floor area, with no display visible from the street.
- Can I have a sign for my home business in Salem, Massachusetts?
- Yes, one non-electric sign of up to 1.5 sq ft, attached flat to the building.
- Can I sell products from my home in Salem, MA?
- Generally not as a home occupation. Salem limits home occupations to activities where goods or merchandise aren't commercially created or handled, so a business that makes or sells products from the home doesn't fit that category.
Massachusetts state rules for home businesses
Massachusetts has no general state law on home occupations. Whether you can run a business from home, and what limits apply (employees, signs, client visits, parking), is set by your town's zoning bylaw. State law does protect some home-based uses and add a few requirements:
- Family child care is protected: a licensed family child care home or large family child care home (licensed by the Department of Early Education and Care) is an allowed use everywhere. Towns may not prohibit or regulate it through zoning (M.G.L. c. 40A, §3). A family child care home serves up to 6 children under 16, counting the provider's own children who are cared for there.
- The "Dover Amendment" (also c. 40A, §3) bars zoning from prohibiting religious or nonprofit educational uses and child care facilities. Towns can still apply reasonable rules on bulk, height, setbacks, open space and parking. This mainly matters for institutions, not typical home offices.
- Business certificate ("DBA"): if you do business under any name other than your own legal name, you must file a business certificate with the city or town clerk where your office is located (M.G.L. c. 110, §5).
- Farm stands and agriculture get zoning protection only on qualifying farm parcels (generally 5+ acres, or 2+ acres with $1,000 per acre in yearly sales).
- State licensing for specific trades (cosmetology, food production, etc.) applies no matter where you work.
What the bylaw says
- Sec. 3.2.2 Home Occupations, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Professional offices and other home occupations involving the use of a room or rooms in a dwelling to carry on activities in which goods, wares or merchandise are not commercially created or handled may be authorized by special permit, provided that any such home occupation:
- Sec. 3.1.2 Special Permit: Zoning Board of Appeals, Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
A use designated in the Table of Principal and Accessory Use Regulations by the letters "BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section
- Sec. 3.2.2(2), Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Shall be operated only by the residents of the dwelling unit, with not more than one (1) regular employee not residing in the dwelling unit.
- Sec. 3.2.2(3), Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Shall utilize not more than twenty-five (25) percent of the gross floor area of the dwelling unit.
- Sec. 3.2.2(4), Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Shall display not more than one (1) non-electric announcement sign of an area not greater than one and one-half (1.5) square feet and attached against the building and not protruding therefrom.
- Sec. 3.2.2(1), Zoning Ordinance Sec. 3.0 Use Regulations (3.1 Table of Principal Uses, 3.2 Accessory Uses incl. 3.2.2 Home Occupations, 3.2.4 accessory buildings, 3.2.5 Swimming Pools, 3.2.7 Urban Agriculture, 3.2.8 Accessory Dwelling Units), p. 1
Shall be operated entirely within a dwelling unit, with no display visible from the street.