No zoning for studio in house, drag equipment around?

Nancy154956 · Jun 26, 2003

Not sure where to post this question so I hope this is ok here. I was going to set-up a "studio" in my house for senior portraits etc to get rolling but I've been told that our area is not "zoned" for commercial business. Im in a rural area on five acres and wasn't going to put up a sign out front, just have clients come to the house, perhaps shoot photos on the property by the large pond etc and inside the studio if needed.

Have any of you run across this problem working out of your garage, basement, whatever? Id like to hear your experiences with this since I think most out of house photographers probably aren't "zoned" for a walk-in business. Should I just do it anyway and hope no one complains or drag my equipment around to each location which brings me to my next question..........If I have to opt for that which equipment should I consider for ease of movement etc?

Thankyou all for any advice

Tim Dolan · Jun 26, 2003

So far I have not been nailed for setting up a studio in my house, but then again it is not a permanent studio setup and I have not made any money off those shots.

The zoning law covering photo studios is unfortunately a standardized one that almost all cities use (at least in the cities I have looked up when I was curious). While it is designed to cover walk-in studios, it seems to be worded to cover amatuer studios as well.

I do know that zoning and compliance guys tend to be stuffier about things then almost any other category of city/county officials. The only ones worse are ABC enforcement. So try to keep it low key with only the occasional visit and no big time advertising and you should be okay. That or convince your local zoning board to issue a variance.

Me, I am trying to find a studio I can rent when needed. Had one set-up, but then they had some financial problems and it closed on me. Until I can find another one, I will just set my portable studio when/where needed so it is not permanent; so it will not count for zoning guys (especially since it is down more then up). Good thing it doubles as a living room ;-)

Just my limited experience, hope it helps
--
Quality is in the setup, Quantity ensures one good shot.

jlongo · Jun 26, 2003

Where I come from, (NH) i have been told that as long as I am not a business (incorporated) and make only ocasional money from a sitting, I wouldn't get in trouble. So check to see if you don't hang out a shingle and make only incidental money if you still are in violation of the zoning.
THEN OBEY WHATEVER THEY TELL YOU TO DO.
--
Joe

Mark Marshall · Jun 26, 2003

I'm in RI which is much less libertarian than NH, but I still find this crazy... check me if I'm wrong. I can run a web design business from my home, incorporate and claim tax deductions from all associated "home" expenses. But if I set up my lights and have people over for pictures taken then it's a zoning issue? I guess that's why my buddy was quoted $2k for wedding photos in NY this summer. Needless to say he said "thanks - no thanks".
It's crazy - m²

jlongo said:
Where I come from, (NH) i have been told that as long as I am not a
business (incorporated) and make only ocasional money from a
sitting, I wouldn't get in trouble. So check to see if you don't
hang out a shingle and make only incidental money if you still are
in violation of the zoning.
THEN OBEY WHATEVER THEY TELL YOU TO DO.
--
Joe

lstavast · Jun 27, 2003

Mark Marshall said:
I'm in RI which is much less libertarian than NH, but I still find
this crazy... check me if I'm wrong. I can run a web design
business from my home, incorporate and claim tax deductions from
all associated "home" expenses. But if I set up my lights and have
people over for pictures taken then it's a zoning issue? I guess
that's why my buddy was quoted $2k for wedding photos in NY this
summer. Needless to say he said "thanks - no thanks".
It's crazy - m²

These things cut both ways...

Most zoning laws (and restrictive covenants) are setup to provide a lever against those few situations that get out of control and negatively affect the property rights of others (like access to their own property from parking issues, late hours....). I doubt a web business from your home would be a good comparison unless you have a lot of street traffic from clients you have over.

My friend lived next to a guy in OH who (illegally) ran an ad-hoc (but per his comments, fairly profitable) seeing-people business in his home. He didn't initially care, but It got worse and worse and finally became intolerable when there were 12 cars there to see him at one time and he couldn't get out of his own garage. My friend walked over and asked if the person driving a particular license tag could please move their car, he needed to go and couldn't get out.

The particular person who was blocking the driveway told him he'd just have to wait, he had Business to conduct, it was a city street and he was just out of luck. Friend gave the guy an hour, then called the cops to see what could be done - turns out he was illegally parked by blocking a home's driveway. Well, they were just around the corner, called a truck and towed him (didn't even bother to talk to him either). The also ticketed about 4-5 other people (firehydrants, under stop signs etc.).

Cops apparently later called the city zoning people regarding business license and the neighbor ended up getting fined for operating without a license, had to pay 3 years back business license/fees & taxes (city, state) on previously unreported income and his insurance company bumped him too for business use of property. It was 5 figures of money in the space of a few months.

My friend was genuinely heartsick that it all escalated like this, but apparently the guy had some history of other issues and they took the opportunity to awaken him to his civic responsibilities.

The guy and his neighbor later talked about it, and they were actually fairly decent toward each other after explaining that he'd only asked about the 1 parking situation (the business operator didn't care for the guy who wouldn't move the car either...).

Lesson: Take care to conduct business within the guidelines - it may be annoying to setup, but you may protect yourself from other potential problems down the road and leave others with what they may expect in the way of enjoying their own property as well, and that has to make for the neighborhood being a little more friendly...

--
-
Lyle

Matt Baker · Jun 27, 2003

Once you figure out what to do with the zoning laws don't forget about insurance. Your homeowners policy may not provide protection for you for injuries to any of your clients. Read the fine print of your policy. I'm actually looking into this myself. I'm afraid to call my agent and ask, I don't want my rates to go up just because I inquired about running a business from home.

I also going through the same issues with zoning laws( and my covenants too). I'm thinking I may just ignore them, I mainly do kids and I have a large client base built into my neighborhood (700+ homes with many many kids). You may also want to try to talk to your neighbors and see if they have a problem with the occasional car parked on the street. I talked to mine and they didn't have any problems with it. The discount I offered them didn't hurt either.

Matt

lstavast said:
Mark Marshall said:

I'm in RI which is much less libertarian than NH, but I still find
this crazy... check me if I'm wrong. I can run a web design
business from my home, incorporate and claim tax deductions from
all associated "home" expenses. But if I set up my lights and have
people over for pictures taken then it's a zoning issue? I guess
that's why my buddy was quoted $2k for wedding photos in NY this
summer. Needless to say he said "thanks - no thanks".
It's crazy - m²

Click to expand...

These things cut both ways...

Most zoning laws (and restrictive covenants) are setup to provide a
lever against those few situations that get out of control and
negatively affect the property rights of others (like access to
their own property from parking issues, late hours....). I doubt
a web business from your home would be a good comparison unless you
have a lot of street traffic from clients you have over.

My friend lived next to a guy in OH who (illegally) ran an ad-hoc
(but per his comments, fairly profitable) seeing-people business in
his home. He didn't initially care, but It got worse and worse
and finally became intolerable when there were 12 cars there to see
him at one time and he couldn't get out of his own garage. My
friend walked over and asked if the person driving a particular
license tag could please move their car, he needed to go and
couldn't get out.

The particular person who was blocking the driveway told him he'd
just have to wait, he had Business to conduct, it was a city street
and he was just out of luck. Friend gave the guy an hour, then
called the cops to see what could be done - turns out he was
illegally parked by blocking a home's driveway. Well, they were
just around the corner, called a truck and towed him (didn't even
bother to talk to him either). The also ticketed about 4-5 other
people (firehydrants, under stop signs etc.).

Cops apparently later called the city zoning people regarding
business license and the neighbor ended up getting fined for
operating without a license, had to pay 3 years back business
license/fees & taxes (city, state) on previously unreported income
and his insurance company bumped him too for business use of
property. It was 5 figures of money in the space of a few months.

My friend was genuinely heartsick that it all escalated like this,
but apparently the guy had some history of other issues and they
took the opportunity to awaken him to his civic responsibilities.

The guy and his neighbor later talked about it, and they were
actually fairly decent toward each other after explaining that he'd
only asked about the 1 parking situation (the business operator
didn't care for the guy who wouldn't move the car either...).

Lesson: Take care to conduct business within the guidelines - it
may be annoying to setup, but you may protect yourself from other
potential problems down the road and leave others with what they
may expect in the way of enjoying their own property as well, and
that has to make for the neighborhood being a little more
friendly...

--
-
Lyle

Mark Marshall · Jun 27, 2003

All good points raised so far. Just about every commercial studio in Newport is also a camera or framing or duplication shop with a storefront as well as studio in back. More power to them, they need to be diverse to cover the overhead. Check me if I'm wrong, we're talking about one client(s) at a time, not having someones entire wedding party or senior class over. I am thinking if pictures are taken and proofed on the web, the creation of those pages makes you a "web designer with a camera". The heads up about insurance is true, these visitors aren't over on a social call, so if you should go for it I would take a serious look at potential hazards and enforce strict rules for guests on your property. What's the difference if people dropped off CDs to have Photoshop work and printing done? My neighbor up the street has a licensed daycare in her home, I'm sure she could tell me about insurance! - m²

Gaetan J. · Jun 27, 2003

I live where I live because I want tranquility. That's why I did choose a place where you cant have a business. Now, if people like you are starting business around the neighboarhood I would have been better just living in the middle of the business district in the city, where my studio is situated.

Zoning laws are there for a reason.

Now there is a difference between having a client once in a while and having clients every day. Wich one are you ?

I always find it funny when people go around stating that laws are for others, not for them.

--
Gaetan J.

Mark Marshall · Jun 27, 2003

Hope you are finding this thread enlightning - one thing I learned is if parking isn't going to be an issue why even mess w/ City Hall? As to your second question, surely I would think monolights are the only way to go "on the road". These folks with their hotlights may freak people out on their own property, and use a load of wattage which brings me to the point that outdoor locations can be shot with AC monolights off your car battery, a fairly inexpensive power converter and heavy duty outdoor rated extension cords. It was another thread on that subject that inspired me to make the small investment. - m²

nansaidh said:
"zoned" for a walk-in business. Should I just do it anyway and
hope no one complains or drag my equipment around to each location
which brings me to my next question..........If I have to opt for
that which equipment should I consider for ease of movement etc?

Mark Marshall · Jun 27, 2003

Gaetan J. said:
I live where I live because I want tranquility. That's why I did
choose a place where you cant have a business. Now, if people like
you are starting business around the neighboarhood I would have
been better just living in the middle of the business district in
the city, where my studio is situated.
Zoning laws are there for a reason.
Now there is a difference between having a client once in a while
and having clients every day. Wich one are you ?

Hi Gaetan - If I ever dreamed of even having one a day (let alone more) then I would in all probability get a dedicated space, even if it was just a large storage unit with power (if they let you do that anymore). I already have a job so if not going full-time, it can't be justified. I don't want to undercut/steal business from the Yellow Pages photographers - I just want to a) do some word-of-mouth, and b) write-off some of this outrageously expensive equipment. Re: tranquility - if your neighbors have guests over how much do you notice? Does their indoor socializing interfere with your tranquility? What about a barbeque - how many a month is acceptable? How about my neighbor with her licensed daycare? Should I demand that something be done about all those children playing in her yard? I am the type to try and get along, believe me, but some laws and lawmakers ARE asinine - and in my neighborhood I know that unless I told you, you'd never have any clue that someone came over to get their picture taken. - m²

Gaetan J. said:
I always find it funny when people go around stating that laws are
for others, not for them.

That would be my Representative, Patrick Kennedy speaking...

Gaetan J. said:
--
Gaetan J.

Gaetan J. · Jun 27, 2003

Hello Mark

You understand what I mean

And now from that last post I see that you are a reasonable person.

And ofr myself one of my neighboard is running a home business. But since there is almost never any client there it's OK. He makes rare wood boxes and most of his business is done at artisan's gatherings. I even helped him for his catalog. And children are children and that's allright too. That would be a hoot if it was bothering me since I live in front of the local highschool.

--
Gaetan J.

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No zoning for studio in house, drag equipment around?

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