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

Clarkstown regulates home-based businesses as accessory uses under § 290-20J, Home occupations as accessory uses, within Chapter 290, Zoning. A homeowner qualifies for a by-right permit from the Building Inspector when the use, including any related storage, takes up no more than 25% of the habitable floor area of the existing principal residence and no more than 250 square feet, whichever limit is smaller. Cross either threshold and the operation needs a special permit from the Zoning Board of Appeals under § 290-17CC instead of a simple building permit.

Once permitted, § 290-20J(2) layers on operating conditions. Staffing is capped at one person outside the resident family, covering employees, commission agents, independent contractors, partners, officers, directors and stockholders alike. Client and customer traffic cannot exceed one vehicle every half hour, and any off-street parking generated by the business must appear on a site plan and cannot pave over more than 25% of the required front yard, with two spaces provided beyond what the residence itself needs. The operator must actually live in the home, and instructional classes or sales meetings are limited to two participants at a time including visitors. Only manually operated equipment is allowed for manufacturing or assembly, and the business cannot run any chemical, mechanical or electrical equipment beyond a customary household appliance or light office equipment, except for doctors, dentists and chiropractors, who are exempted from that restriction. Noise, odor, smoke, glare, dust and vibration may not extend past the property line.

Home occupations lawfully operating on or before May 24, 1988 keep nonconforming status under § 290-20J(2)(n) and may continue with normal maintenance and repair, so long as the use is not expanded in area or intensity beyond what existed then. Applicants must sign a sworn, notarized affidavit affirming they will meet every condition before the Building Inspector issues the permit.