until i found zoning info about home businesses where i live. they have a property use questionnaire that you can read through to see if you need a permit to have your home business. i'm still legal until i hit this point - There shall be no sale of commodities or products from the premises. - 
isn't any business going to have some kind of product? isn't that WHY a business is started? so now i'm really confused as to whether or not i am ok to sell cakes. i have been operating under Ohio's cottage industry law, which according the THEIR website, i am legal. now it's the township i live in throwing a possible wrench into things!!!! 
dh thinks i could technically be ok... that is, no one COMES to my house to order cakes. most people order when they see me at church. sometimes i get phone calls, but usually it's face to face ordering, not at my house. i e-mailed the township and asked them this question:
I am wanting to know how Ohio's cottage industry rule applies to those living within Plain Township. Also, I was looking over the property use questionnaire and was wondering if you could clarify "There shall be no sale of commodities or products from the premises." How does that statement and Ohio's cottage industry rule fit together? Thanks!
hopefully they will respond soon. if it turns out that i need a permit, then i don't know what i'll do as it's $200, and that doesn't count in all the other fees that are needed... that $200 is just about what i've made so far this year... IMO, it wouldn't be worth it, but i'd hate to have to quit decorating... 
how's that for a happy birthday?!?!?! so now i sit and wait for them to write back... anyone else ever dealt with this? thanks for letting me vent.
~erica
when i looked into the cottage laws (i now bake from a commercial kitchen, but at first i was following these) my township had similar rules. when i talked with them, they said cakes was fine, the "commodities and products" was referring to retail shops. they didn't want lots of people coming in and out and me having large amounts of stock to sell. i would call them instead of email, you'll get an immediate answer. good luck! if you do have to have the permit, then i would save up for it, do it, and move on. its completely worth it if you really want to keep selling cakes.
First off............HAPPY BIRTHDAY!!!
Secondly.....That's just a bummer. I hope they will let you operate since you aren't running a retail bakery out of your home. I think I'm okay because our house is zoned commercial/residential. *fingers crossed* You will drive yourself crazy if you don't call and get a straight answer, but maybe it's better to wait for an email so that you can have it in writing if someone questions it down the road. Fingers crossed for ya!!
**********update***************
ok... so i just received an e-mail from the zoning people... this is what they had to say:
I apologize, but I do not know the answer to your question.
I have not heard of the Ohio Cottage Industry.
I have a feeling that this is going to be a legal question.
I will gladly speak to our law director about this, and get back with you ASAP.
I am actually leaving for vacation Friday morning, so I have forwarded all of this information to our Zoning Director.
His name is -------------.
Please feel free to contact him any time.
Thanks again, and myself or -------- will get back with you as soon as we know an answer.
Thanks
how weird that someone in a zoning dept. wouldn't know about an ohio law..... i find that odd. so now we wait until further notice. i'm thinking about copying the website address for the ohio dept of ag's info on cottage law and forwarding it to the zoning dept. that way they can see where i'm getting my info from... think that would be wise?
I think the zoning laws of your city override the cottage laws though, right? But it might be helpful just so they know what exactly you are doing at home.
I'm not in OH, but what I thought the idea was about selling commodities and such is that you have a store front to your house. Which you do not. I think beccakelly is right Cake decorating doesn't always fall under the same guidelines.
cCc
I wouldnt think local zoning laws would override state imposed laws???
local communities can make laws that don't allow home bakers, even though the state does. the city of cincinnati does this, even though the state doesn't mind, they city will stop you from selling cakes from home.
I am in the same boat here.
Zoning for the building I live in provides allowance only for an office of a business. I may not have anyone come here to do business with me, nor can I accept any deliveries, store any items, nor sell out of here. And food products are exceptionally a no-no.
Yet, all the surrounding townships will allow kitchens which are separate from the personal kitchen. I live in the upstairs of a 2 unit building. I know that if zoning would have allowed it, I could easily have rented out the first floor a long time ago.
Theresa 
Just wanted to say * * * H a P p Y * B i R t H d A y ! ! ! * * * 
And I hope all is well with your business. I agree that making/decorating cakes is kind of different, and sometimes does not fall within regular guidelines. Good luck!
I wouldnt think local zoning laws would override state imposed laws???
local communities can make laws that don't allow home bakers, even though the state does. the city of cincinnati does this, even though the state doesn't mind, they city will stop you from selling cakes from home.
i really REALLY hope that's not the case here. what a poopy birthday present that would be! that seems so unfair.
in response to all interested in ohio business info. Ijust found this site.
http://usgovinfo.about.com/gi/dynamic/offsite.htm?site=http://www.odod.state.oh.us/
Yikes.
Guess I'll be calling my Twsp tomorrow to find out what hoops I need to jump through.
I do wonder with "small businesses operated out of the home" if all these "store front" laws are for every business?? My neighbor runs a day care out of her home.
Now I have to track down my Twsp phone number. Where did you find information on your Township? Ours is really small. I don't even think they have a website.
i don't live in ohio, but when i was considering buying a house in a residental area , and building a bakery on the back, i went to the city planner, and he said i could do it as long as it didn't cause traffic congestion for the neighbors, maybe thats what they meant?
FINALLY!!!!!!!!!! after PATIENTLY waiting for days and days and days.... i got a reply from the zoning people. here's what they had to say:
Sorry it took so long for me to get back with you.
> I spoke with our lawyer, and he said that the Ohio
> Cottage Rule does not exempt township residents from
> compliance with the Plain Township Zoning
> Resolution.
>
> I have attached a copy of our Home Occupation Form
> and Questionnaire.
> Please fill it out and return it.
>
> I think what your main concern is - the sale of
> products or commodities.
> We look at this as (for example) If someone has a
> hair shop in their home....
> they may NOT sell shampoo, conditioner, brushes,
> etc.
> The homeowner can cut, color, do whatever to the
> person's hair - they just can't walk out the door
> with tangible products.
>
> We have plenty of home businesses in Plain Township
> where people make jewelry, cakes, cards, etc from
> their home and sell them.
> They don't have customers coming to their house.
> They would deliver the product, or go to the
> customers home to make the sale.
> You obviously may use your home phone or computer to
> take orders from customer.
> You would just have to go to their house to display
> your product - sort of like an Avon, Mary Kay,
> Tupperware, Tastefully Simple- any direct sales home
> based business.
>
> Does this make sense?
>
> Please let me know if you have any other questions
> or concerns!
> Thanks, and have a great weekend.
So it sounds like I am STILL all good!!! i e-mailed back to ask specific questions, like what the purpose of filling out the questionnaire was for and if i'm allowed to advertise... what a RELIEF!!!! with hubby leaving for his first ever business trip on sunday (he'll be gone til friday), if they'd told me no, i think i would have crumbled! i'm already producing spontaneous tears because of this trip
so yea!!!!
thanks for patiently waiting for an answer with me!!!!
~erica
glad to hear everything is working out for you. My state is the same, in the state of iowa you can bake and sell from your home no problem. However the city I live in will allow a home business in residential, but I can not have someone come to my house and remove a purchase from my premesis. Now I can have clients over to dicuss a cake (wedding tastings) but I have to delivery ALL of my product.
I have delivery within the city (approximately 7mile radius from the center of town) figured into my cost and anything beyond that the customer pays for. Some people meet me someplace in town to pick up and others pay the extra to have it delivered.
Hope everything works out for you, it sounds like it is going to.
just found out that i can advertise by passing out flyers, e-mailing people... i think i'll start by passing out flyers to my friends at church and then i may post some business cards at the local libraries and grocery stores. they all have public bulletin boards for that kind of thing. i'm also going to start doing the referral credits mentioned by indydebi in some other posts. what a great idea! i know my friends will be interested in that! so indydebi - thanks for sharing that awesome idea! 
i do have to fill out some minor paper work for the zoning board to keep on file.... but that's it. and as long as i deliver my cakes it's all good! soooo relieved......
....how weird that someone in a zoning dept. wouldn't know about an ohio law..... i find that odd.
Oh, I didnt' find that weird at all! Gov't entities just do not talk to each other. The employees in most dept know about their dept and their rules but not others.
I was at a dinner once and was seated with a lot of people from the Indiana Chamber of Commerce .... you know, the big organization that works really hard to support businesses in the state and to get new business into the state? I had just recently started a new job in the automotive industry and commented on how shocked I was to find out how BIG the Indiana automotive industry is!! (Most people think "Detroit" when this industry is mentioned.)
Their response? "Really?"
I went on with how amazed I was to discover the vast Japanese population in the state .... I had no idea! And how difficult it must be for many of them who transfer in from Japan and speak no English.
Their response? "Really?"
This is the group of people who are suppose to be aware of everything business in the state of Indiana and they had no idea of how big the automotive industry was in the state.
Big Sigh!!!! 
Quote by @%username% on %date%
%body%