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<br /> <br />the occupant of a dwelling as a secondary use, <br />including personal and professional services. . . <br />" subject to certain limitations. Similarly, the <br />City of Albany, New York, defines the term as "a <br />business, profession, occupation or trade con- <br />ducted by the occupant of a dwelling unit or <br />accessory structure" . . . "incidental and sec- <br />ondary to the use of the dwelling unit." Other <br />definitions include "the secondary use of a per- <br />son's residence for a business activity carried <br />on for profit (Torrance, Califomia)" or "any gain- <br />ful occupation engaged in by an occupant of a <br />dwelling unit (Boise, Idaho)." The zoning ordi- <br />nance in the Town of Old Saybrook, Connecticut, <br />simply provides that a home occupation con- <br />sists of an activity conducted for gain. The zon- <br />ing code sets forth a number of standards and <br />requirements that applicants must satiSfy prior <br />to receiving a home occupation permit. <br /> <br />TYPES OF HOME OCCUPATIONS <br />While the number and variety of home occupa- <br />tions has increased over the years, local zoning <br />did not keep pace with this expansion. For exam- <br />ple, the Home Based Business Council lists . <br />roughly 200 potential home occupations, includ- <br />ing advertising, art instruction, credit checking, <br />auditing, fashion consulting, dating service, <br />medical billing, travel consulting, market <br />research services, tutoring, manicurist, massage <br />therapy, and telephone answering service. The <br />zoning enforcement authority for New RocheUe, <br />New York, determined that a resident could not <br />maintain a home-based management consulting <br />business because the zoning in effect at the time <br />only permitted offices of architects, artists, and <br />teachers or a "similar professional person" as <br />home occupations. In that case, a number of <br />neighbors complained about the use, alleging <br />that it resulted in increased traffic and excessive <br />parking. Although code enforcement officers and <br />building inspectors must strictly enforce zoning, <br /> <br />they do not possess the discretion to determine <br />whether to permit home occupations not speCifi- <br />cally listed in a zoning ordinance. As a result, <br />municipalities should regulate home occupa- <br />tions based not on the .type of business, but <br /> <br />rather on factors such as percent of floor area <br />dedicated to business use, number of employ. <br />ees, number of parking spaces, and other criteria <br />discussed in greater detail in the following sec- <br />tions of this article. <br />What constitutes a home occupation <br />differs among jurisdictions, and allowable <br />home occupations may vary depending <br />upon the character of the community. For <br />example, in one Wyoming municipality a <br />meat processing operation qualified as a <br />home occupation. Operating child day care <br />programs in one's home may also constitute <br />a home occupation. The Town of Alfred, <br />Maine, identified four types of home occu- <br />pations in its zoning ordinance: <br /> <br />'Widespread defiance <br />of zoning laws itself <br />suggests that the <br />rules governing home <br />businesses may be <br />candidates for reform.' <br /> <br />-NICOLlE STELlE GARNETT <br />PROFESSOR OF PROPERlY AND LAND-USE LAw <br />. , N011lE DAME UNIVERSllY <br /> <br />1. Office in the home. A home office creating <br />or manufacturing home crafts without <br /> <br /> <br />c <br />o <br />" <br />o <br />'" <br />~ <br />z ,~ : <br /> <br />ZONING PRACTICE 9.06 <br />AMERICAN PlANNING ASSOCIATION I page 3 <br /> <br />57 <br />