Home-based on-line merchants should be aware that their business activities may violate local zoning ordinances. Many counties and cities place strict limitations on home-based business activities that prohibit the storage of even small quantities of merchandise in a home. For example, the county where I live has a provision in the home occupations zoning ordinance that states "Except for articles produced on the premises, no stock in trade shall be stored, displayed, or sold on the premises". Beware that a call from an unfriendly neighbor could put your home based business at risk and may require you to go to the additional expense of renting an off-site storage location. It's amazing that in this day and age when almost everyone is selling something on-line (via e-bay, their own sites or whatever) that such restrictions still exist.

I'd be interested in knowing if any merchants have experienced problems with local zoning authorities. I've sent a letter to our supervisor asking him to propose a change to the ordinance.

wow - news to me

My city required me to get a home occupation license. When I originally applied, I received a one year temporary license and had to go before both the zoning and planning boards. Neighbors were notified by letter that I was applying for the license so that they could come to the meetings if they chose to. No one showed up. I had to go back before the zoning board a year later and was granted a permanent home occupation license.

As part of my license conditions, I had to get a water meter installed because all commercial properties are metered, I can not have walk-in traffic and I can not have tractor trailers delivering inventory. I also have restrictions on signage.

It's really no big deal to apply for a license and go through the process. HOWEVER - some home based businesses in Oswego have been shut down for not going through the process at all.

It is imperative that anyone interested in home based businesses should at the very least contact their zoning boards to find out what is involved to start a business in your home BEFORE you do it. Better to be safe than sorry.

PK,

Was there any restriction on storing inventory? That seems to be the major problem with the ordinance here and elsewhere. Fortunately, here you can get a home occupation permit without going to a hearing (you just fill out a form). But the restriction on not being able to keep merchandise on hand seems unreasonable.

Fortunately are county doesn't require us to have an occupational license.

As someone who owns a townhouse in a community of homeowners, I actually believe these zoning laws are good and important. Someone else's business, especially one that attracts a lot of clients (and cars) can affect the everyday lives of their neighbors.

Nothing wrong with home businesses, but they do need to be regulated for the benefit of all. I don't mind if my next door neighbor is selling advice through the Internet, but if they have a business that makes noise, attracts customers, causes parking problems, etc., I will be one of those angry neighbors who complains! Not a popular posiiton on this forum, I'm sure! Oh, well. I'll take my punishment. Just make it hurt good!

Unfortunately my parents were victims of this law. A neighbor got caught housing her daughter in a trailer in the backyard. The neighbor thought my parents turned her in, so she turned them in for the home business.
It was a blessing in disguise because they moved to the next city over with better shipping facilities and a new (larger) home with a 2,000 sq.ft. warehouse in the back, and all their neighbors have home based businesses, LOL. They do comply with city law, but now its a little less strict.
Anyway, I recommend always checking on the city and county laws regarding home based businesses. You don't want to get caught and be given 30 days to make a change, thats not long enough for almost anyone.
Also, VERY IMPORTANT, get to know your neighbors and hopefully make friends, you have no idea how much you can lose if you get an angry neighbor complaining.
Good Luck to all

I have no problem storing inventory because I applied for the license and disclosed everything. My alderman was a huge help and advocated for me. When you go before the board, they will ask you questions about what you do, how it will impact the neighborhood, etc. That's how I know that I cannot have tractor trailers pulling up in front of my house several times a day - they get down to that detail. "How will your inventory and supplies be delivered?" is one question I had to answer.

If your home is zoned in an area where you cannot store inventory, that doesn't necessarily mean you will not be able to store inventory. Call your alderman/councilor/whatever they call that person in your area and explain what you want to do. Apply for the license/permit. Then ask for an exemption. Just be prepared to answer everything as truthfully as you can. Unless you have jerks for neighbors or you're planning on storing your inventory all over your front yard, most cities/towns will work with you. They want to encourage new business growth and bring in the tax $$$.

To illustrate how different each city/town is, when I hired Meg and wanted her to work out of her home doing customer service, we contacted the town she lives in and were told that they do not require any type of license or permit for what she's doing or that "ebay selling stuff". So, it just depends on where you live. You just need to work with your elected/appointed officials.

And I agree with Robert. It's good to have the laws. It's a pain in the neck to go through the process, but it also keeps out the bad apples.

That sucks. But reminds me of this story -

Our city attorney also had a private practice out of his house.

Unfortunately, he didn't have a home business license and someone turned him in.

But, with the politics within our fine city, he easily obtained one and continued on his merry way.

Other home business owners have not been as lucky, as I've said.

PK, how did you go about doing this? I'm in NY, and even went through a State business assistance program for startups and never heard a thing about this. I also checked http://www.nys-permits.org/, and found nothing.

I'm incorporated in NYS and have other permits, but after reading this, I suspect that I would have to do this as well, but have no clue where to start.

Knowing that everything we do in the city of Oswego requires a permit of some sort, I contacted my alderman. He told me that I had to contact the planning board, which I did. Who told me that I had to contact the zoning board, which I did. Several conversations with my alderman, letters sent out to my neighbors by both boards and two board meetings later, I was granted the temp license.

It's a local thing. Contact whoever it is that was elected to represent your smallest locality first (we have city wards). That person should be able to point you in the right direction. If that person is clueless, I'd start with the city or town clerk.

Whoa, what a mission!

Thank you very much for explaining the process. I really appreciate it!

We've been looking to buy a building for the business because we're sick of leasing. My husband came up with the great idea to buy a house in a part of town where a lot of homes have been converted into businesses (attorney's offices, dental offices, etc). We were told that we shouldn't even try to get the permit because we would have to limit the amount of truck traffic. Between UPS, FedEx Ground, Federal Express and other misc pickups and deliveries we would have too much traffic for the area. It was really only the trucks they were worried about.

Our city has a strict home business rule. I had to apply for the business license and sign a paper that said I would not have a sign in my yard, I would not advertise my home address on my website and I would not have any employees.

They also told me that standard UPS delivery to a home is no more then 2 days a week and if even one neighbor complained about my daily UPS pickup I would have to arrange to go pick up/drop off my own items at UPS. Fortunately we know and love all our neighbors so no problems there but I had to move out of my home because I had to have employees.

For the area we were looking at, we were told that we could only have one truck per day. That meant that we would have to pick only one carrier and arrange to have them drop off and pick up at the same time. There's no way that would have worked for us!

Wow! I thought my city was strict. Seems like a piece of cake after reading about some of your areas.

I can't have a sign in my yard, either. But I can have it in my window. I wasn't told that I couldn't have my address on the website, but after I had a nice little old lady show up here one day while my husband was home asking if this was the yarn shop, I got a PO box. Can't remember if I can have employees or not, but my employee works out of her home too. When I get big enough to need more employees (other than my son), I'll have to move to a commercial space anyway because I'll need the additional room. I'm already running out and we just renovated the back building into a warehouse.

My neighbors were already used to frequent stops by UPS and Fed Ex before the business started. But, it certainly helps to have great neighbors!