Home Occupation Permits: Gates vs Rochester
How do home occupation permits rules compare between Gates, NY and Rochester, NY?
Gates and Rochester have similar restriction levels.
Gates, NY
Monroe County
Monroe County, NY does not issue home occupation permits and does not have countywide zoning. Under New York's Municipal Home Rule Law and Town Law Article 16, zoning authority — including regulation of home occupations — rests with each city, town, and village. The Monroe County Department of Planning and Development provides only technical, mapping, and review support to local governments. Anyone running a business from a home in Monroe County must obtain any required home-occupation permit, special-use permit, or zoning approval from the local municipality (e.g., the City of Rochester, or one of the 19 towns and 10 villages within the county), not from the county.
View full Gates rules →Rochester, NY
Monroe County
Monroe County, NY does not issue home occupation permits and does not have countywide zoning. Under New York's Municipal Home Rule Law and Town Law Article 16, zoning authority — including regulation of home occupations — rests with each city, town, and village. The Monroe County Department of Planning and Development provides only technical, mapping, and review support to local governments. Anyone running a business from a home in Monroe County must obtain any required home-occupation permit, special-use permit, or zoning approval from the local municipality (e.g., the City of Rochester, or one of the 19 towns and 10 villages within the county), not from the county.
View full Rochester rules →Key Facts Comparison
| Fact | Gates | Rochester |
|---|---|---|
| County permit | None — Monroe County does not issue home occupation permits | None — Monroe County does not issue home occupation permits |
| Countywide zoning | None — zoning is set by each city, town, and village | None — zoning is set by each city, town, and village |
| State authority | NY Municipal Home Rule Law §10; Town Law Article 16 (§§261-285); Village Law Article 7 | NY Municipal Home Rule Law §10; Town Law Article 16 (§§261-285); Village Law Article 7 |
| County agency role | Monroe County Department of Planning and Development — technical, mapping, and §239-m/§239-n referral review only | Monroe County Department of Planning and Development — technical, mapping, and §239-m/§239-n referral review only |
| Local permitting authority | City of Rochester, 19 towns, 10 villages within Monroe County | City of Rochester, 19 towns, 10 villages within Monroe County |
| Day-care exemption | Registered/licensed home day care preempted by NY Social Services Law §390(12) | Registered/licensed home day care preempted by NY Social Services Law §390(12) |
| State tax registration | NY Certificate of Authority (Form DTF-17) required separately | NY Certificate of Authority (Form DTF-17) required separately |
| County contact | Monroe County Planning, 50 W Main St Suite 1150, Rochester NY 14614 — (585) 753-2000 | Monroe County Planning, 50 W Main St Suite 1150, Rochester NY 14614 — (585) 753-2000 |
| Typical local penalty | $350-$1,000+ per day under Town Law §268 / Village Law §7-714 | $350-$1,000+ per day under Town Law §268 / Village Law §7-714 |
Highlighted rows indicate differences between cities.
Gates FAQ
Does Monroe County issue a home occupation permit?
No. Monroe County does not have countywide zoning and does not issue home occupation permits. Under New York Municipal Home Rule Law and Town Law Article 16, zoning authority — including regulation of home-based businesses — belongs to each city, town, and village within the county. Apply to the City of Rochester or your town or village clerk.
What does the Monroe County Planning Department do for home businesses?
The Monroe County Department of Planning and Development provides technical assistance, GIS mapping, training, and General Municipal Law §239-m and §239-n review of certain local zoning actions. It does not issue home occupation permits or business licenses. Contact your municipal building or zoning office for permits.
Are there any countywide rules a home business must follow?
Monroe County imposes no zoning rules on home businesses. Operators must still comply with statewide requirements: a New York State Certificate of Authority for sales tax (Form DTF-17), any state professional licenses, and applicable health/building code rules in 19 NYCRR. Day-care homes registered or licensed under NY Social Services Law §390 are exempt from local zoning that would otherwise restrict the use.
Rochester FAQ
Does Monroe County issue a home occupation permit?
No. Monroe County does not have countywide zoning and does not issue home occupation permits. Under New York Municipal Home Rule Law and Town Law Article 16, zoning authority — including regulation of home-based businesses — belongs to each city, town, and village within the county. Apply to the City of Rochester or your town or village clerk.
What does the Monroe County Planning Department do for home businesses?
The Monroe County Department of Planning and Development provides technical assistance, GIS mapping, training, and General Municipal Law §239-m and §239-n review of certain local zoning actions. It does not issue home occupation permits or business licenses. Contact your municipal building or zoning office for permits.
Are there any countywide rules a home business must follow?
Monroe County imposes no zoning rules on home businesses. Operators must still comply with statewide requirements: a New York State Certificate of Authority for sales tax (Form DTF-17), any state professional licenses, and applicable health/building code rules in 19 NYCRR. Day-care homes registered or licensed under NY Social Services Law §390 are exempt from local zoning that would otherwise restrict the use.
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