Bill > S1502

Introduced Session

This bill would permit a family home business 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 business 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that: · the bylaws or deed restrictions pertaining to any common interest ownership community will not be deemed to be superseded by the bill's provisions; · a municipality shall not be required to amend an existing ordinance pertaining to family home businesses provided that the ordinance does not contradict the provisions of the bill; · a municipality, by ordinance, may establish standards that will apply in residential districts concerning the customary volume of invitees or guests and standards for the volume of delivery or truck traffic that 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.

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Nilsa Cruz-Perez (D)*,  Steven Oroho (R)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 02/13/2020)

Official Document