Kings County Zoning Restrictions Rules (2026) — What You Need to Know
Some RestrictionsKey Facts
- Maximum Space
- 25% of unit or 500 sq ft (whichever is less)
- On-Site Employees
- Not permitted
- Exterior Signage
- Prohibited in R1/R2 districts
- Permit Required
- No specific permit
- Enforcement
- DOB Padlock Unit
- Code Reference
- Zoning Resolution §12-10
The Short Version
NYC Zoning Resolution Section 12-10 defines home occupations as accessory uses that must be clearly incidental and secondary to the residential use of a dwelling. A home occupation may not exceed 25% of the dwelling or 500 square feet, whichever is less. No employees may work on-site, no exterior signage is permitted in most residential districts, and the activity must not generate offensive noise, vibration, odor, or foot traffic. No specific permit is required, but the business must comply with all zoning conditions.
Full Breakdown
The NYC Zoning Resolution defines "home occupation" in Section 12-10 as an accessory use conducted within a dwelling unit by its residents, provided the activity is clearly incidental to and secondary to the residential use. No specific permit is required to operate a home-based business, but the activity must comply with all the conditions set out in the Zoning Resolution.
The primary restrictions are: the home occupation may not occupy more than 25% of the total floor area of the dwelling unit, up to a maximum of 500 square feet; no persons other than residents of the dwelling may be employed on-site; no products manufactured outside the premises may be sold from the home; and no products may be stored outside the building or its accessory spaces. The activity must not change the external appearance of the dwelling or generate foot traffic, deliveries, or other conditions inconsistent with a residential neighborhood.
In R1 and R2 zoning districts (lower-density residential areas found in some parts of southern Brooklyn), no nameplate or sign may be displayed except in connection with a profession. Across all residential districts, the home occupation must not produce offensive noise, vibration, smoke, dust, odorous matter, heat, humidity, glare, or other objectionable effects. Brooklyn's Special Mixed Use Districts — including DUMBO (MX-2) and parts of Flushing/Bedford (MX-4) — have modified rules that may allow larger home occupations exceeding 1,000 square feet and up to three non-resident employees.
The DOB's Padlock Unit enforces against illegal commercial and manufacturing uses in residential buildings. If a home business is found to violate zoning rules, the property owner and occupants may be required to demonstrate legality or relocate the business. Non-compliance can lead to OATH proceedings, Orders of Closure, and padlocking of the premises.
What Happens If You Violate This?
Operating an illegal home business that violates zoning rules can result in DOB violations and OATH proceedings. Civil penalties vary but can reach $1,000 to $15,000 per violation depending on the nature and duration of the illegal use. The DOB Padlock Unit may issue an Order of Closure, physically padlocking the premises. Tenants operating illegal businesses may also face eviction proceedings from their landlords. Fines escalate for repeat violations.
Frequently Asked Questions
Do I need a permit to run a business from my Brooklyn apartment?
Can I have employees work at my home business in Brooklyn?
What happens if the DOB finds an illegal home business in Brooklyn?
Sources & Official References
How does Kings County compare?
See how Kings County's zoning restrictions rules stack up against other locations.