Bill Text: NJ S2084 | 2010-2011 | Regular Session | Introduced
Bill Title: "Family Home Occupation Act;" classifies certain home-occupations as accessory uses needing no use variances in residential zone; authorizes municipalities to limit or exclude certain warehousing, manufacturing or retailing activities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-06-24 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2084 Detail]
Download: New_Jersey-2010-S2084-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington and Camden)
SYNOPSIS
"Family Home Occupation Act;" classifies certain home-occupations as accessory uses needing no use variances in residential zone; authorizes municipalities to limit or exclude certain warehousing, manufacturing or retailing activities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning municipal land use and supplementing chapter 55D of Title 40 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Family Home Occupation Act."
2. The Legislature finds and declares:
a. Corporate restructuring and the rise of telecommunications has led to an explosion of individuals working out of their homes. According to a national survey, as many as 40 million people work at least part time at home, with about 8,000 businesses of this nature starting daily;
b. In New Jersey alone, 6,000 family home occupations are started each month. Over the past decade, New Jersey gained over a quarter million new home-based, service-oriented businesses. Two-thirds of all families having home occupations have school aged children at home. Entrepreneurial owners have an average income of $69,900;
c. Many of these family home occupations are operating in violation of outmoded local ordinances. Many zoning ordinances permit family home occupations of recognized professionals, such as doctors, lawyers and accountants, but prohibit other for-profit family home occupations under certain circumstances;
d. Most zoning ordinances enacted in the 1960s and 1970s were based on good intentions and focused on the protection of residential neighborhoods from the negative effects of industry; this occurred at a time when more than 75% of the working public then pursued occupations outside of the home;
e. The changing economic structure and technological development have catalyzed the development of family home occupations. According to the Partnership for Work at Home, over 90% of such businesses do not create the traffic, pollution, noise or safety problems of other industries. New approaches in zoning are needed to ensure that this very important segment of the economy, which may lay the groundwork for the expansion of companies which later grow to "Fortune 100" or "Fortune 500" levels, and which generates many jobs and increased revenues to the State economy, is provided the opportunity for growth. Such growth cannot occur unless the Legislature ensures that family home occupations which fall within certain prescribed criteria are permitted as accessory uses in residential zones of municipalities.
f. This act is intended to
establish State guidelines for municipalities to follow in their treatment of
family home occupations, in order to carefully balance the interests of family
home occupations with the needs of the residential area in which they operate.
3. For the purposes of this act:
"Family home occupation" means any activity operated for pecuniary gain in, or directed from, a residential dwelling or unit by one or more family members residing within that dwelling or unit.
Notwithstanding any municipal ordinance to the contrary, upon the effective date of P.L. , c. (C. )(now before the Legislature as this bill), a family home occupation shall be an accessory use, not requiring a use variance pursuant to section 57 of P.L.1975, c.291 (C.40:55D-70), which is permitted in all residential zones of any municipality provided that:
a. the activity is compatible with the residential use of the property and surrounding residential uses;
b. the activity employs no employees other than family members residing in the dwelling or unit; however, a municipality may, at its option, permit the activity to employ employees other than family members, pursuant to ordinance;
c. the volume of invitees or guests who visit the residential dwelling or unit is not in excess of what is customary for residential use in the neighborhood;
d. there is no outside appearance of a family home occupation including, but not limited to, parking, signs or lights;
e. the volume of deliveries or truck and other vehicular traffic is not in excess of what is normally associated with residential use in the neighborhood;
f. the activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors;
g. the activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and
h. the activity does not involve any illegal activity.
In the case of a dwelling unit which is part of a common interest ownership community, which is a community in which at least some of the property is owned in common by all of the residents, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws or other documents which prohibit a family home occupation within a dwelling unit.
A municipality shall not be required to amend or modify an existing ordinance pertaining to family home occupations so long as no portion of the ordinance is in conflict with the provisions of P.L. , c. (C. ) (now before the Legislature as this bill).
4. In accordance with the purposes of this act, a municipality may establish, pursuant to ordinance:
a. standards which will apply in residential districts concerning the customary volume of invitees or guests;
b. standards for the volume of delivery or truck traffic which will be deemed acceptable in residential districts.
Any standards established pursuant to this section shall apply to all residences within the district.
5. A municipality pursuant to ordinance, may establish limitations for, or prohibit entirely, any family home occupations, including but not limited to those involving manufacturing, warehousing, retailing or providing services, which it deems would be incompatible with the residential zones in which they are located. The types of activities or services prohibited or limited shall be set forth in detail in the ordinance.
6. The provisions of this act shall not be construed as limiting in any manner the powers of a municipality to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.
7. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill would permit a family home occupation to exist in a residential zone as an accessory use and not require a use variance pursuant to section 57 of P.L.1975, c.291 (C.40:55D-70), provided that the following conditions are met:
(1) the activity is compatible with the residential use of the property and surrounding residential uses;
(2) the activity employs no employees other than family members residing in the dwelling or unit unless otherwise provided by ordinance;
(3) the volume of invitees or guests who visit the residential dwelling or unit is not in excess of what is customary for residential use in the neighborhood;
(4) there is no outside appearance of a family home occupation including, but not limited to, parking, signs or lights;
(5) the volume of deliveries or truck and other vehicular traffic is not in excess of what is normally associated with residential use in the neighborhood;
(6) the activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors;
(7) the activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and
(8) the activity does not involve any illegal activity.
In addition, the bill also provides that:
· the bylaws or deed restrictions pertaining to any common interest ownership community will not be deemed to be superseded by the bills' provisions;
· a municipality shall not be required to amend an existing ordinance pertaining to family home occupations provided that the ordinance does not contradict the provisions of the bill.
· a municipality, by ordinance, may establish standards which will apply in residential districts concerning the customary volume of invitees or guests and standards for the volume of delivery or truck traffic which will be deemed acceptable in residential districts; and
· a municipality will retain the power to regulate those certain warehousing, retailing and manufacturing activities and services it wishes to limit or prohibit in residential zones.
