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Title:  Family Home Occupation Ordinance

SYNOPSIS

"Family Home Occupations;" classifies certain home-occupations as permitted accessory uses needing no use variances in all residential zones within the ___________________; sets forth guidelines to limit or exclude certain warehousing, manufacturing or retailing activities.

Explanatory Statement:

         WHEREAS, Corporate restructuring and the rise of telecommunications has led to an explosion of individuals working out of their homes. And, according to a national survey, as many as 40 million people work at least part time at home, with about 8,000 home occupations of this nature starting daily throughout the nation and an indeterminate number in ______________, and

          WHEREAS, Changes in our economy and technological development have facilitated the development of family home occupations. According to the New Jersey Partnership for Work at Home, over 90% of such businesses do not create the traffic, pollution, noise or safety problems of other industries. A new approach to zoning is needed to encourage families, build communities, and safeguard neighborhoods, while retaining the residential character of neighborhoods, and

          WHEREAS, it is impossible to measure the numbers of families within the community that are working at home unobtrusively and virtually undetectable, providing secondary or primary income with no detrimental impact upon the residential character of the neighborhood, and

          WHEREAS, the presence of these undetectable home occupations has a positive impact upon the family,

·   providing a parent or adult guardian at home,

·   safeguarding the community by  having neighbors at home during the daytime when empty houses are potential targets for criminal activities,

·   providing an untapped pool of  volunteers when needed,

·   reducing commutation and preserving air quality, and

          WHEREAS,  the purpose and intent of planning is to enhance the quality of life for all citizens, and

          WHEREAS, as long as home occupations do not create a disturbance to their neighbors the land use planning powers of municipal government do not extend into the home but control impacts of land use upon neighbors and the surrounding community,

          NOW, THEREFORE BE IT RESOLVED, This ordinance is establishes guidelines for ________________ to follow in the treatment of family home occupations, in order to carefully balance the interests of family home occupations with the needs of the residential areas in which they operate.

For the purposes of this ordinance

"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.

I. A family home occupation shall be an accessory use, not requiring a use variance provided that:

a. the activity is compatible with the residential use of the property and surrounding residential uses;

b. the activity employs no more than ___ employees other than family members residing in the dwelling or unit;

c. the volume of invitees or guests who visit the residential dwelling or unit is not in excess of _____ per day or what is otherwise 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; or as is set forth in _________________ ordinance;

e. the volume of deliveries or truck and other vehicular traffic is not in excess of ____ per day or, what is normally associated with residential use in the neighborhood;

f. the activity uses no equipment or processes that create 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.

II. 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.

III. Any standards established pursuant to this section shall apply to all residences within the district.

IV. At any time, and for due cause, based upon the needs of the community, __________, may establish by ordinance 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.

V. The provisions of this ordinance shall not be construed as limiting in any manner the powers of __________________ to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.

STATEMENT