Home Businesses - Starting a Home Based Business
Zoning Laws and Home Offices

Zoning Laws and Home Offices

Many localities do not permit any businesses to be operated in residential neighborhoods without a specific variance, which many zoning boards are very reluctant to grant except under extenuating circumstances. Often, variances are only given after an extensive public hearing including invitations for presentation of objections by all nearby residents.

Just because there are already some businesses operating in your neighborhood does not mean that your neighborhood is zoned commercially or that you will easily obtain a variance. Many businesses currently operating in residential neighborhood were “grandfathered in,” meaning that they were in operation before the zoning laws took effect and were therefore almost automatically granted variances.

There are literally millions of businesses operated in the U.S. out of homes in violation of local zoning ordinances. If all of these zoning laws were strictly enforced, all of these businesses would be forced to shut down and the entire U.S. economy would be dealt a significant blow.

Local government officials do not inspect homes to see if you have a small business office tucked away in a small corner of your home. However, if a neighbor complains, then the building inspector is obliged to enforce the zoning ordinances. Furthermore, hanging out even a small sign, having commercial vehicles on the property, putting in additional parking spaces, or having a lot of client or employee traffic is likely to trigger a complaint even if you have friendly neighbors.

If your business is going to involve heavy truck or car traffic you also need to consider the safety of your neighbors. I remember one business property I considered buying in a residential neighborhood in South Boston had a commercial variance, but the variance prohibited any truck traffic after 2 p.m. in the afternoon because of the potential hazard to children attending a nearby school.