CapnMac
Member
Well, that's just it. Zoning is seldom simple. "Non residential" zoning usually has several sub-categories. "Residential" zoning often comes in several varieties, too. Then, most zoning also allows certain other uses--it's quite possible to build a commercial business in a residential area--the specific activity just has to be on the approved cross listing in the zoning code. By the same token, certain residential uses are permitted in "non residential" zones, again, by way of a chart indicating which uses are allowed and which are not.
Most municipalities also allow "home" businesses--if in a limited scope and range of businesses.
The reason I interjected HOA is that those organizations create, by either covenant, deed restriction, or by lien-hold* more restrictive rules within their boundaries, Also, the persons who volunteer to take up the task of enforcing those rules often do so with a zeal not seen in City-paid Code Enforcement personnel. (Whether that zeal is misplaced or not and/or the quality of character of those people is a question beyond our scope.) When HOA can enforce how closed your garage door is, or whether you have too many planting urns on your front step, or the color you wish to paint your own front door; being able to prevent a home business from operating is of no consequence.
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*Recently (last 5-10 years) HOA are being created with a specific subdivision. The HOA is deeded some portion--between 2 & 5%--of the subdivision in perpetuity. So, even after paying the full purchase price for a given house, you do not entirely own it. Thus, the HOA cannot merely send nag letters or "token" fines, but can actually lien you out of your own home if they feel sufficiently motivated to so act in "the interests of the community." Real estate law solons are predicting that this will likely result in some ugly court cases, but none have yet popped up. I am not sanguine about the number of people willing to live under such restrictions and at the whim or mercy of others.
