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

Section 230-27I(2)(a) of the Zoning Chapter sets the standards the ZBA applies to every home-occupation special permit. The property owner or an authorized representative must be the applicant, and the code limits a dwelling unit to a single home occupation. The activity's footprint is capped at 25% of the first floor area of the principal structure or a cumulative 500 square feet, whichever is smaller, and the applicant must submit a floor plan showing every area devoted to the use. Operating hours cannot run outside the 7:00 a.m. to 9:00 p.m. window under § 230-27I(2)(a)[13].

The code bars nonresident employees except where a state or federal professional license mandates an on-premises assistant, and it prohibits outdoor sales, outdoor storage, and any exterior structural change, such as a separate entrance or added parking, that is not explicitly authorized by the ZBA. A home occupation left inactive for six consecutive months cannot restart without a new ZBA application, and the permit itself terminates when the permitted residents move out; it cannot pass to a new resident without ZBA approval. Because a home occupation is reviewed as a special permit under § 230-27, the application goes to the Department of Planning and Development, requires a public hearing under § 230-27E, and the ZBA may set minimum and maximum parking counts and impose added conditions to protect the neighborhood's residential character.