Zoning Issues for Home Based Business
What are Zoning Laws?
Zoning laws cover specifications of where and how residential, industrial, recreational or commercial ventures are permitted. It is the government’s method of controlling any physical development of land and the particular function of individual properties. In addition, zoning laws cover other land use such as dimensions of lots and buildings, development density and occupancy.
Home based businesses fall under the jurisdiction of zoning requirements, and you need to take zoning laws into consideration before you begin operating a home based business in a residential area. The onus is on you, as the home based business owner, to clarify the relative zoning requirements set out by your state, county and municipality.
There are no strict guidelines as zoning requirements vary from one location to another. Some towns are very meticulous as to exactly what constitutes legal land use, while others are a little more lax, tending to lend a blind eye to home based businesses that do not disrupt the neighbourhood.
How Will Zoning Laws Affect My Home Based Business?
Your first step, as a home based business entrepreneur should be to determine the particular zoning category of your neighbourhood. Consulting with the planning department in your particular municipality, which is usually located in the local government office, can often give you clarification of the particular ordinances and rules your home based business falls under.
For example, a number of zoning requirements specify what constitutes an allowable home based business and will allow dentists, lawyers or architects to operate from a home office while prohibiting real estate, massage parlours or insurance brokerages. Still others specify limitations on space allotment, street traffic, number of employees, etc.
What Can I Do To Ensure My Home Business Meets Zoning Requirements?
• Establish from the outset which facet of your municipal government maintains and enforces zoning laws.
• Learn which laws pertain to your home based business ventures so that you will be prepared to address any concerns that may be applicable to you.
• Ensure that your home based business is not going to have a detrimental effect on the everyday life within your neighbourhood by complying with parking, noise and traffic by-laws.
• Be aware of space percentage specifications, as some governing agencies are sticklers for the allotted space a home business may occupy within a residential area.
• Be cognizant of any restricted merchandise you may stock as inventory, such as chemicals or compounds that may pose as an environmental hazard.
• Become acquainted with your area’s signage restrictions before you post a sign on your lawn or front door.
What Can I Do to Change The Zoning Laws in My Neighbourhood?
If you find that your home business fails to meet with all the zoning restrictions in your municipality, you may still be eligible to apply to the zoning appeals board of your governing agency for a zoning variance. This may entail filing forms, providing information about the exact operation of your home business, submitting plans and/or blueprints and paying a prescribed fee.
Try to find other home based business owners who may be affected by the same issues you are facing. If possible, try to organize these like-minded operators to join you in a campaign based on enacting zoning changes within your area so that the law is more receptive to home based businesses.
Home based business operations are springing up nationwide, so a combined effort will often give more legitimacy to the development of a business operated from your home. Prepare your argument in a professional, business-like manner and present your concerns in conjunction with the ordinances you wish to have addressed. Be sure to suggest viable solutions to your particular problem, preferably ones that encompass the needs and concerns of all interested parties.
There are reasons for zoning regulations
Although zoning issues can sometimes be exasperating, bear in mind that the laws are there to protect all its citizens; they are, after all, designed to restrict any operation detrimental to peaceful, neighbourly activity.
By determining ahead of time exactly what restrictions are in place within your neighbourhood and by showing a willingness to compromise your activities in order to fall within these regulations, your chances of succeeding will increase. The end result will be that you will be prepared to address any potential barriers that may affect the smooth operation of your home based business.
Where do I go for more information?
Consult with the Building or Development Office of your municipality when addressing concerns regarding local permits. State, Federal or Local Government locations can be found at www.govengine.com.
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The above article is intended for informational purposes only and should not be construed as legal advice.
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