Ever wonder why it was outlawed not to have dancing and drinking inside of a residential building? Every wonder why home based businesses are not noisy or invasive? That is because the law doesn’t allow it. But that is all about to change!
MTOPP is doing a series on the Mayor Adams’s City of Yes, “COY” Business Text Amendments, that will change where, how and what types of businesses will be allowed to exist in the City.
The Business Text Amendments are currently being reviewed by all 59 Community Boards who have up until December 30th 2023, to comment on them!
After reviewing over 700 pages of these amendments we found at least 7 major changes that have a serious impact upon the community, and its residents.
- Allowing Commercial Businesses into all Residential Areas.
- Allowing “Small Businesses” to exist in people’s apartments and homes.
- Eliminating restrictive business within Residential buildings.
- Allowing manufacturing businesses to exist in commercial zones
- Allowing all businesses to exist in all commercial zones.
- Allowing businesses to exists on residential floors and on rooftops.
- Allowing cabaret/dancing to exist on all commercial zones.
Small Businesses Will Now Be Allowed to Exist Inside Apartment Buildings & Private Homes
Home Occupancy businesses, which are solo (one person) businesses, can currently exist inside of people’s apartments and homes with very strict conditions. These restrictions are about to be eliminated.
There are three major proposed changes to Home Occupancy Business.
- Definition
- Size
- Removal of businesses that can not exist.
Definition of Home Occupancy
Currently
It is classified simply as an “accessory use”
Proposed Changes
“home-based, small scale business or activity.” (see under definitions 12-10 (a) Home Occupation)
This new definition will allow a whole host of new businesses to exist, under the term “small business” as long as it does not conflict with the “accessory use”. go to section 12-10 under “Accessory Use”
Size of the Business
Currently
One person employed
25% of total “floor area” (living space)
500 Square Feet Maximum (In private homes this size limitation has allowed most home based businesses to exist in basement spaces.)
Proposed Changes (see under definitions 12-10 (b) Home Occupation)
Three people Employed
49% of total “floor Area”
No Maximum square footage
Due to removal of the space restriction and the adding of employees, this definition has moved away from a self-employed business to a “small business”. Just think about all the small businesses that you encounter on the street that has 3 or less employees?
Removal of Restrictive Businesses
Current Businesses that Cannot Exist in Home Base Businesses (see under definitions 12-10 (c) Home Occupation)
advertising or public relations agencies
barber shops
beauty parlors
commercial stables or kennels (this will not be allowed due to other rules in existence)
depilatory, electrolysis or similar offices
interior decorators’ offices or workshops
ophthalmic dispensing
pharmacy
real estate or insurance offices
stockbrokers’ offices
veterinary medicine.
Proposed Restrictions
None
Examples of Possible Outcomes
With the high rents for commercial spaces, which has caused so many vacant store fronts and the fact that most small businesses normally employ 3 or less employees, a lot of people will consider converting their living spaces into a small business to cut costs etc.
With the elimination of the size restriction, the larger the apartment or home, the more options a small business owner will now have in creating businesses right within apartment buildings and within their private homes.
One can also expect a rush of these business also occurring due to the restriction that only one business of the same type can exist within the apartment building making the first person win in regards to the type of small business that can exist.
Examples
How about a whole host of neighbors in your apartment building now engaging in small business ventures right next to, under, or above you? This means you can have a beauty parlor, barber shop, nail salon, liquor store, small coffee/cafe shop, drug store etc. inside your building along with all of the foot traffic, noise and air pollution that comes with these businesses.
There will be multiple businesses as well, since there is the rule that only one business of the same type can exist in a building. For example, one drug store, one hair salon etc.
Or the private home owner who has a four story building, can now convert half their home (49% – two floors) into to a small business such as a restaurant, cafe, bar, etc.. on a nice quiet tree line block.
All will be legal without the need to ask permission to exist.
Who will Enforce Health Codes?
And who will enforce all of the health codes that go along with the creation of these businesses? Such as beauty parlors that will not only generate large foot traffic within a private apartment building but can also generate serious environmental concerns such as poor air quality, due to lack of proper ventilation, noise etc.
Point of Information
Only certain places in Manhattan had the more extended parameters that are being proposed under the new text amendments. These are in C6 Districts where a home can have up to 49% total Floor Area (living space) for a business.
And in C5 and C6 Districts in Manhattan south of Murray Street and its Easterly prolongation and the Brooklyn Bridge.
However, even those few exceptions a person could not have a beauty parlor, veterinary medicine and uses listed in Group 12, go to 32-21
Next in Our Series
Allowing Manufacturing Businesses to exist on commercial streets and in residential buildings.
What Can You Do?
Contact your community board and speak up! Your Community Board will be voting on these proposed changes by December 30, 2023.
Contact your local City Council Person, who will have to vote on these text amendments, by the Spring of 2024!
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