Monday, August 27, 2012
The NY Times has a recent article on home businesses in New York City, some of which operate in violation of zoning rules. The businesses discussed include one-room hotels, children's used-clothing shops, personal training, and a vegan cookie business. Operating a business from home is of course, partly motivated by high commercial rents. The article notes that the number of these businesses in New York is unclear:
Because so many home businesses operate under the radar, it is hard to say just how many there are. Complaints to the city’s 311 telephone system about illegal commercial use in a residential area have been decreasing. In 2011, the tally was roughly 2,150, down from about 2,450 in 2008. Even so, the data may not accurately reflect the full range of complaints about businesses, because annoyed tenants who call 311 to carp about ungodly noise may not know about zoning rules.
Not every home business is legal, but the prohibited businesses are not always obvious:
Not surprisingly, kennels and veterinary practices aren’t allowed to operate from homes. Zoning rules also prohibit a curious mix of other businesses, including advertising and public relations. Stock brokerages and offices for real estate, insurance and interior design aren’t supposed to operate from a desk in the bedroom. Running a commercial kitchen at home isn’t permitted, either — “home processors” like Mr. Semosh cannot use commercial-size equipment.
New York City's Zoning Resolution, at Section 12-10, expressly includes “fine arts studios,” “professional offices,” and “teaching of not more than four pupils simultaneously” within the definition of permitted “home occupation.” It expressly does not include, among others, advertising or public relations, barber shops and beauty parlors, interior decorators’ offices, stockbrokers, ophthalmic dispensing, and real estate or insurance offices. In addition, the code prohibits the sale of articles produced elsewhere and exterior displays. One person who does not reside at the unit may be employed “in connection with the practice of a profession.” Finally, the home occupation must not “produce offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.”
It is not clear that the prohibited occupations are more likely to produce these nuisances or would cause more traffic or related negative externalities in a neighborhood than the permitted home occupations. It is worth considering whether the categorical acceptability of "professional offices" and the outright prohibition on "beauty parlors," without regard to a specific uses' impact on neighboring properties, reflects a class-conscious determination of what is desirable and should be replaced by a more careful consideration of specific factors that affect residential neighborhood character.
For a discussion of how home occupation regulations might be modernized, see this publication from a few years ago by Patricia Salkin.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- New Land Use Articles on SSRN
- What to make of the fierce new debate over the efficacy of California's energy codes?
- The W&L Top 100 Law Review Rankings and the Land Use Law Scholar
- CFP: 2015 Future of Places Conference (lead-in to Habitat III) in Stockholm: Deadline of April 15
- Water Down Under: A Report from Australia by Barbara Cosens: Post 7: Conjunctive Management Down Under