Can you legally operate a business from your home? Before you begin operation of your business, it is your responsibility to check your state, county and municipality’s business and zoning regulations. These rules vary from extremely strict, banning many specific home businesses, to very liberal, offering no rules against home businesses. Your zoning rules are probably somewhere in between. If your rules are too strict, you can work through your legislators to change them. After all, change starts with one person and it could be you.

Take a few minutes to read this T.C.B. Tip Sheet for ideas on what zoning means and how to understand your local zoning code. Remember, if you do have a zoning problem, contact AAHBB; we may be able to offer some suggestions to help you maneuver in the home-based business zone.

Zoning Codes

The zoning codes are regulations that control what may be built or occupy specific parcels of land. Most jurisdictions across the country have zoning rules and regulations. Zoning rules typically govern land use intensity, lot and parcel size and actual location as well as specific uses of a property. A city or county may have several residential sub-categories, regulating high-rise apartments and condominiums, garden apartments, townhouses, single-family homes, commercial, rural and industrial areas.

Zoning Categories

You must determine the sub-category of your particular neighborhood. Most city and county governments have an authority called something like "Planning Department" or "Department of Environmental Protection." These government offices are usually located at the city or town hall or county government complex, and typically have a counter area where you can get a quick answer as to the zoning sub-category in which your home is located.

Zoning Restrictions

Some zoning ordinances allow "professional" home-based offices for architects, attorneys, dentists and counselors, but prohibit barbers, beauticians, insurance agents and real estate agents from operating out of their homes. Other ordinances may limit the amount of business visits, number of employees, total amount of space devoted to the business, etc.

Special Exceptions

If you find your zoning code prohibits what you consider to be a low impact, neighborhood friendly business, you may be able to request a "special exception" or "variance" to the code. This process may include filling out forms, paying a fee, and submitting blueprints and other information about your home-based business to the zoning appeals board. The board holds special hearings and will consider your request. The board will hear from you, the zoning department officials, and your neighbors before making a decision.

Working for Zoning Changes

With the rapid growth of home-based offices and businesses nationwide, we have to work together to ensure reasonable zoning regulations that minimize the impact on neighborhoods yet encourage the development of home-based entrepreneurs. If your area is restrictive in its zoning code, consider dealing the elected politicians in your jurisdiction, particularly during an election year. Banding together with other home-based business owners will be more effective than a one-person crusade. It is important to present the problem factually. In addition, help create the solution to the problem. Present examples of appropriate ordinances that address the concerns others may have about turning residential areas into commercial areas.