Friday, September 14, 2007

Home Office?

Q: Is a Home Office or Home Occupation allowed within a Dwelling Unit? Is the Home Occupation Use regarded as a Commercial Use? What are the limitations?

A: Home Occupation (a Home Office) is permitted within a Dwelling Unit subject to limitations. A Home Occupation is regarded as an Accessory Use to the Residential Apartment. The Home Occupation:
1. Must be carried on within the Dwelling Unit.
2. Is Limited to One Employee not residing within the Dwelling Unit.
3. Shall Occupy not more than 25% of the Dwelling Unit, or 500 sq ft of the Dwelling Unit, whichever is less.

These Home Occupations typically are small professional offices. If frequented by the Public, Handicap Accessibility may be required.

Home Occupations may include:
Fine arts studios, Professional offices, Teaching of not more than four pupils simultaneously,or, in the case of musical instruction, of not morethan a single pupil at a time.

Home Occupations may not include:
Advertising or public relations agencies, Barber shops, Beauty parlors, Commercial stables or kennels,Depilatory, electrolysis , or similar offices, Interior decorators' offices or workshops, Ophthalmic dispensing, Pharmacy, Real Estate or Insurance Offices, Stockbroker's Offices

Also Not Permitted:
Sales of articles produced elsewhere than on the premises, exterior displays, displaying exterior signage (except a nameplate for practice of a profession), producing offensive noises, vibration, etc.

See Definition of Home Occupation in the NYC Zoning Resolution for additional information.