Zoning Question

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  • Play Care
    Daycare.com Member
    • Dec 2012
    • 6642

    Zoning Question

    When I was first stating out I seem to recall being told that if we were issued license by OCFS to have an in home, that we couldn't be shut down by the town/zoning. I think it was under the idea that State law trumps town. But I can't seem to find anything in the regs saying this.

    When we first moved into our home we signed paperwork saying that prohibited things like pools in the front yard, livestock, etc. I don't recall any ban on in home business, but I also wasn't looking for it. I have no idea where this paper is. recently someone mentioned signing similar paperwork that banned in home business, specifically child cares

    Does anyone have any insight?
  • daycarediva
    Daycare.com Member
    • Jul 2012
    • 11698

    #2
    A local gated community (houses between 250-500k) here has that in the HOA paperwork. They shut down a sahm watching ONE child.

    We don't have a HOA, but I did have to notify the city, and I have to get a permit for EVERY.DANG.THING, mulching in an area larger than 10x10? permit. putting up my dc shed? permit. putting up my 3 1/2 ft fence? permit.

    Comment

    • Blackcat31
      • Oct 2010
      • 36124

      #3
      Originally posted by Play Care
      When I was first stating out I seem to recall being told that if we were issued license by OCFS to have an in home, that we couldn't be shut down by the town/zoning. I think it was under the idea that State law trumps town. But I can't seem to find anything in the regs saying this.

      When we first moved into our home we signed paperwork saying that prohibited things like pools in the front yard, livestock, etc. I don't recall any ban on in home business, but I also wasn't looking for it. I have no idea where this paper is. recently someone mentioned signing similar paperwork that banned in home business, specifically child cares

      Does anyone have any insight?
      If the city has zoning laws preventing in-home businesses, how would anyone have an in-home child care then?

      Or are you referring to your specific neighborhood?

      All zoning laws for my area, are listed/accessible via our city/county website. Does your city/county have a website you could look at maybe?

      Comment

      • Play Care
        Daycare.com Member
        • Dec 2012
        • 6642

        #4
        I'm not crazy!!

        In NYS a town/village can NOT tell a licensed in home they can not operate.

        However, if a person signs an HOA agreement that prohibits in home business then that's different because they have a CONTRACT (:: ) with the HOA saying they won't do it.

        Phew.

        Comment

        • Sugar Magnolia
          Blossoms Blooming
          • Apr 2011
          • 2647

          #5
          Depending on the law in your state, individual landlords may specifically prohibit it.

          Comment

          • Play Care
            Daycare.com Member
            • Dec 2012
            • 6642

            #6
            Originally posted by Sugar Magnolia
            Depending on the law in your state, individual landlords may specifically prohibit it.
            I only was thinking of those who were homeowners, but good point!

            Comment

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