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Home Source documents Assembly Commerce and Economic Development Committee Statement to Assembly, No. 485, Dated October 21, 2020

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

Summary

Statement of the Assembly Commerce and Economic Development Committee of the State of New Jersey, dated October 21, 2020, reporting Assembly Bill 485 favorably. The bill would permit a family home business in a residential zone as a permitted accessory use when eight conditions are met, among them compatibility with residential use, no employees other than family members residing in the dwelling unless an ordinance provides otherwise, no outside appearance such as parking, signs or lights, and no noise, vibration, glare, fumes or odors detectable by neighbors. It would not supersede governing documents of a common interest ownership community, and a municipality could set standards for guests and delivery traffic and limit or prohibit such businesses in specific residential zones. The bill was pre-filed for the 2020-2021 session.

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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.

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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