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Assembly Commerce and Economic Development Committee Statement to Assembly, No. 485 (October 21, 2020)

Summary

A statement of the Assembly Commerce and Economic Development Committee to the Assembly on Assembly Bill No. 485 of the State of New Jersey, dated October 21, 2020. The committee reports the bill favorably. The bill would permit a family home business to exist in a residential zone as a permitted accessory use, provided listed conditions are met, including that the activity employs no employees other than family members residing in the dwelling unless otherwise provided by ordinance. The bill would allow a municipality to limit or prohibit family home businesses it deems incompatible with specific residential zones. The statement says the bill was pre-filed for introduction in the 2020-2021 session pending technical review.

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“Assembly Commerce and Economic Development Committee Statement to Assembly, No. 485 (October 21, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-10-21-ace-a485-s1-d71f111a5b/, SHA-256 8bb2bb5c285dc79853c3260e713c06696e9c383c8bc439e0dac510124df28a6d.

Full text

ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                          STATEMENT TO

                      ASSEMBLY, No. 485

       STATE OF NEW JERSEY
                          DATED: OCTOBER 21, 2020

          The Assembly Commerce and Economic Development Committee
      reports favorably Assembly Bill No. 485.
          This bill would permit a family home business to exist in a
      residential zone as a permitted accessory use, 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.
          The bill would not supersede provisions of the governing
      documents of a common interest ownership community that prohibit
      operation of a family home business in a dwelling unit within the
      common interest ownership community.
          The bill would not require a municipality to amend an existing
      ordinance pertaining to family home businesses provided that the
      ordinance does not contradict the provisions of the bill.
          The bill would allow a municipality, by ordinance, to establish
      standards for the customary volume of invitees or guests within
      residential districts, and standards for the volume of delivery or truck
      traffic that are acceptable within residential districts.
                                  2

     The bill would specifically allow a municipality to limit or prohibit
family home businesses that the municipality deems to be
incompatible with specific residential zones. The bill would not limit
the power of a municipality to protect the health, safety and welfare of
its residents, including the investigation and elimination of nuisances.
     This bill was pre-filed for introduction in the 2020-2021 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

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