The Town of Islip permits a home occupation only as an accessory office use inside a single-family residence in a single-family residential district, conducted by the residents. The use cannot change the character of the building as a residence or the site as a residential plot. It may employ at most one nonresident, may not occupy more than 15% of the home's gross floor area (25% with a New York State variance) and never more than 500 square feet.
Islip Town Code Chapter 68 (Zoning), Section 68-3 defines a HOME OCCUPATION as 'an office activity conducted within a single-family residence in a single-family residential district by the residents thereof as an accessory use within the main dwelling that does not change the character of the building as a residence or the character of the site as a residential plot.' The same definition limits the use to a maximum of one nonresident employee and provides that the activity 'shall not occupy more than 15% of the gross floor area of the residence, unless a variance is issued by the New York State Department of State in which case a maximum of 25% of the gross floor area may be permitted; in no case more than 500 square feet.' Because the use must be an accessory office that does not alter the residential character of the property, more intensive commercial activities (retail sales, manufacturing, repair shops, vehicle service) are not permitted as home occupations in Islip's residential zones; those uses require a business or industrial district. Home occupations appear as a conditional accessory use in the residential use-district articles (for example, the Residence AAA, AA, A and B District regulations) and are governed by the Section 68-3 standards.
Operating a business that exceeds the home occupation limits (too much floor area, more than one nonresident employee, a non-office or commercial use, or one that alters the residential character) is a zoning violation under Chapter 68; the Commissioner of Planning and Development may issue a stop-work order and a Notice of Violation, and unresolved violations can lead to fines and court proceedings.
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