Amherst, NY Home Business: Zoning & Home Occupation Permits (2026)

Section 6-8-6 splits home occupations into two tiers. A Type 1 Home Occupation needs no Town approval but must be conducted entirely within the dwelling, involve no outside storage, be run only by residents (no nonresident employees), carry no identification sign or advertising, and generate no on-site retail sales, storage, pickup or delivery beyond standard parcel service. A Type 2 Home Occupation is a limited business operation approved as a special use by the Zoning Board of Appeals, may employ one nonresident assistant, and is renewed every two years by the Commissioner of Building on proof of continued compliance; the Commissioner may inspect the premises without prior notice during normal business hours, and violations require a fresh ZBA application.

Both tiers share general standards under § 6-8-6A: no change to the building's outside appearance, no noise, vibration, glare, fumes, odors or electrical interference, music or dance instruction limited to two students at a time, visitor and delivery hours confined to 8 AM to 9 PM, one off-street parking space per 200 square feet of home occupation floor area on top of the residence's own parking, no display visible from outside, and the home occupation area capped at 15% of the principal structure's ground floor area.

In the R-4 district a home occupation is allowed only as an accessory to a detached dwelling unit. Section 6-8-6D flatly bans certain uses as home occupations regardless of type, including auto or body repair, greenhouses and truck farming, most food handling and manufacturing, restaurants, animal boarding or training, and, since a 2022 amendment, the sale of firearms or weapons.