Somers Point City Zoning Code
ARTICLE XXXI
Home Occupations and Home Office Standards
§ 114-228 General provisions; performance standards; prohibited and permitted occupations.
A.
Statement of purpose and intent. The purpose and intent of these home occupation and home office provisions and regulations are in recognition of:
(1)
The need of some citizens to use their place of residence for limited commercial-type activities to produce or supplement personal or family income;
(2)
The recognition that the Internet and the evolution of online capabilities to perform certain occupational work from remote locations has become commonplace in our society;
(3)
The need to protect market value of existing residential properties;
(4)
The need to guarantee existing residential property owners freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible adverse effects from commercial-type activities being conducted in residential areas;
(5)
The need to ensure that the health, safety and welfare of neighbors and residents are protected and their rights are not compromised in any manner whatsoever by the operation of the particular home occupation;
(6)
The fact that certain limited home occupational uses can be useful to both the community as well as the residential owner;
(7)
The fact that the nature of the investment or operation of some activities has a pronounced tendency, once started, to rapidly increase beyond the limits permitted and thereby impair the use and value of residentially zoned areas for residential purposes;
(8)
The need to establish performance criteria and standards for home occupations that will provide fair and equitable administration and enforcement of this article; and
(9)
The obligation of the City to protect the integrity of its residential areas from activities which detract from the residential character of a neighborhood and infringe upon the rights of neighborhood residents.
B.
General limitations. Uses permitted as home occupations shall be limited as follows:
(1)
Uses which are clearly incidental and subordinate to the use of the premises for residential purposes;
(2)
Uses that do not substantially change the appearance or condition of the residence or accessory structure;
(3)
Uses that are compatible with neighboring residential uses; and
(4)
Uses which do not detract from the residential character of the neighborhood.
(5)
Neither the issuance of a home occupation permit nor the usage of any part of a residential premises for a home occupation or a home office shall be construed as permitting a change in the predominantly residential character of the premises.
(6)
The issuance of a home occupation permit under the provisions of this article shall not constitute a commitment or assurance that the permit will be renewed or extended or that any renewal or extension will be under the same terms and conditions as the original or prior permit.
C. HOME OCCUPATION HOME OFFICE(1) (a) (b) (2) (a) (b) (c) (d)
Definitions: As used in this section, the following terms shall have the meanings indicated:
Any use of a legally existing residential property which is consistent with the limitations established in Subsection B above and which is in compliance with the performance standards established in Subsection D below. Uses which are not consistent with the limitations established in Subsection B above and/or which are not in compliance with the performance standards established in Subsection D below shall not be registered as a home occupation or be issued a permit as a home occupation. Such activities shall be considered by definition to be either a conforming or a nonconforming commercial activity and shall require submission to the Somers Point Planning Board or the Somers Point Zoning Board of Adjustment for approval as required by law. The determination of the Somers Point Code Enforcement/Officer shall be final.
The use of a defined portion of a residential dwelling as an office area by one or more members of the household residing on the premises, for the following activities:
Activities as an employee, such as telecommuting, for an employer conducting business at a separate location, if such activities do not involve visitation by clients or customers and if there is no assertion or representation that the residence is a business address for either the employee or the employer;
Activities as a volunteer in support of a nonprofit, community service, political, or charitable organization if such do not involve visitation by clients or customers or the general public and if there is no assertion or representation that the residence is a business address for such organization.
The home office shall:
Comprise an existing room or area of an existing room within the home which is integrated within the overall floor plan of the dwelling, and there shall not be a separate entrance to the outside, nor separate kitchen or bath facilities associated with said office;
Have only typical office equipment limited to a computer, telefax machine, telephone, copying machine and only typical office supplies and furnishings for each person within the household using the area as a home office;
Not be evident from outside of the home; and
Not be used or visited by customers or clients and persons other than those making deliveries or service calls as otherwise might occur on the property as a residential dwelling.
D.
Performance standards. In any legally existing dwelling home occupations may be conducted, provided that a permit is obtained and they are otherwise in compliance with the applicable requirements of Chapter 114 and the following performance standards:
(1)
A home occupation must be conducted at all times in an manner which does not give an outward appearance of nor manifest any external tangible characteristics of a business which would infringe upon or in any way interfere with the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent, character, and or ambience of the residential zone.
(2)
The dwelling and site must remain residential in appearance and characteristics, and the appearance of the home shall not be altered, nor shall the activity or business conducted within the residence take place in such a manner which would cause the premises to differ or deviate from its essential residential character in any manner. The home occupation must be conducted at all times such that the structure or premises shall not differ from its residential character by the use of colors, materials, premises layout, construction or lighting. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited.
(3)
The home occupation shall not require any utility service modifications, other than required for normal residential use, which would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or home occupation exceed 220 volts.
(4)
No permitted home occupation shall require the use of electrical, mechanical or other equipment which would change the firesafety rating of the structure or in any way significantly increase the fire danger to neighboring structures or residences, nor require the installation of commercial or industrial fire-suppression systems, wastewater collection, solid waste collection other than as generated by a residential property, grease separators, or similar requirements which would not be required for or incidental to a residential use.
(5)
Activities conducted and equipment or materials used shall not change the occupancy classification of the premises.
(6)
Not more than one home occupation permit shall be allowed per legal residence.
(7)
The home occupation shall be conducted on only one floor of the residence, and not more than 25% of the floor of the combined total floor area of the dwelling unit, excluding any unenclosed areas such as decks and open porches, etc., up to a maximum of 400 square feet may be used for such activity. All materials, equipment, goods and materials used in the conduct of the home occupation shall be stored within this area in compliance with all applicable fire, safety and other codes or shall be stored off site and not elsewhere on the property or in any accessory building or structure.
(8)
No person shall be employed or engaged in the operation of the home occupation on the premises other than the resident operator or operators of the home occupation permanently residing full-time in the residence and occupying it as their principal place of residence and one nonresident employee charged with administrative/secretarial tasks only. There shall be no other employees or volunteers on the premises.
(a)
Persons engaged in building trades or similar fields who obtain a home occupation permit, using their dwelling units or residential premises as an office for business activities performed off premises, may have more employees if they are not employed on the premises and do not report to the residence for any business activities. (See § 114-228F(6).)
(b)
A home occupation or home office may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.
(c)
Nonresidents of the residence reporting to work at the dwelling to engage in the same or nearly the same customary home occupation are prohibited, since the increase in patronage at the home occasioned by such duplication is incompatible with the surrounding residential uses.
(9)
There shall be no storage of equipment, supplies or products associated with the home occupation outside of the dwelling area. No machinery, equipment or materials of any kind other than what is typically associated with residential use, home offices and personal hobbies are permitted to be physically located on the premises.
(a)
There shall be no repairs, construction or fabrication of any type on the premises (i.e., including but not limited to television repairs, radio repairs or HVAC fabrication or repairs).
(b)
This provision does not include any specific permitted use separately noted in this article or administrative/secretarial use as noted above.
(11)
No merchandise or goods shall be offered for sale upon the residential premises nor shall there be any display of goods.
(12)
No advertisement or sign shall be displayed on the exterior of the building or upon a mailbox, in any window, or anywhere upon the premises outside of the residence structure(s) with the exception of the placement of a single sign not exceeding 120 square inches which may be placed and displayed on the interior of a window. No such sign shall be illuminated, flashing, backlit, moving, or comprised of neon. If such a sign is to be installed, the size, wording and location shall be submitted to the Code Enforcement Officer at the time of the application and shall be subject to review and approval as part of the application process. No sign may be installed which has not been approved in advance.
(13)
Only vehicles used primarily as passenger vehicles (passenger automobiles, passenger vans, passenger pickups, and town-car-style limousines, SUVs each having a load capacity of one ton or less) shall be permitted in connection with the home occupation, and no more than two such vehicles for which off-street parking on the premises must be provided shall be used in connection with the home occupation at the premises. No other vehicles used in connection with the home occupation shall come to the premises for pickup, delivery, or dispatch.
(a)
No commercial vehicle(s) shall be used in connection with the home occupations for delivery of goods to or from the premises, nor parked on the property. Home occupations shall not involve the use or storage of tractor trailers, semitrucks or heavy equipment such as fuel trucks, logging or construction trucks or similar equipment exceeding the one-ton load capacity.
(b)
This provision does not preclude the delivery of mail or packages by the Postal Service or by bona fide delivery vehicles used by private or public shipping and courier services which are not used in the operation of the home occupation but are used solely for deliveries from third parties. Deliveries shall not exceed those normally and reasonably occurring from a residence and shall not include more than an average of one delivery of products or materials per day. Delivery services which restrict traffic circulation are prohibited. Delivery by heavy trucks, semitrucks or tractor trailers is prohibited.
(c)
Any other vehicular equipment used or associated with such home occupation activity may not be parked or stored on site or on any public streets or rights-of-way but must be stored or parked on an off-street parking or storage area. Such additional vehicles shall not come to the premises for delivery or dispatch. Proof of such off-street parking or storage area must be provided to the Code Enforcement Officer with the permit application or permit renewal.
(14)
No articles or service may be sold or offered for sale on the premises except such as may be produced on the premises by a resident thereof operating the home occupation. Any form of business not included within this article as a permitted home occupation, the primary function of which is the wholesale or retail sale of goods or articles at the premises, shall be deemed a commercial use and not a home occupation so a variance application would be required.
(15)
The home occupation use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
(16)
Nuisance.
(a)
No equipment or process shall be used in such home occupation which creates dust, noise, vibration, smoke, glare, fumes, odors, humidity, noxious fumes, electrical or magnetic interference, radiation, refuse, particulate matter or other emissions from the property detectable to the normal human senses off the lot on which the premises is situated or outside of the individual dwelling unit if the home occupation is conducted in other than a single-family residence, or which produces other nuisances. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers of the premises or causes fluctuation in line voltage off the premises.
(b)
No home occupation shall be permitted nor be permitted to continue as a home occupation which shall violate any standard set forth in Subsection D(16)(a) above or which will or does generate significantly greater traffic volume than would normally be expected or has historically been experienced in the particular residential zone in which the home occupation is conducted or which is detrimental to the residential character of the neighborhood or creates a nuisance to abutting properties.
(17)
The hours of operation of the home occupation shall be limited to the hours of 8:00 a.m. through 8:00 p.m. No deliveries of goods or merchandise may originate from or be made to the home occupation premises except during the hours of 8:00 a.m. to 8:00 p.m. Monday through Saturday. No such deliveries shall be made on state or federal holidays.
(18)
No hazardous substances or chemicals shall be stored on site, nor shall any products which are not consistent with residential use.
(19)
No home occupation permit will be issued for a residence with an accessory dwelling unit.
(20)
No home occupation permit will be issued for a rental residence, a multifamily dwelling, or a residence within a condominium.
E.
Prohibited home occupations:
(1)
Any use which shall constitute a threat to public health, safety, welfare or morals.
(2)
No illegal or illicit uses shall be allowed under any circumstances.
(3)
Adult entertainment activities/businesses.
(4)
Animal hospitals and clinics; pet care services such as grooming, doggie day care or kennels of any size.
(5)
Automotive and other vehicle repair, services, painting, cleaning, storage or upholstery or the repair of engines, including automobile, boat, motorcycle, truck or recreational vehicles.
(6)
Dismantling, junk, scrap, or storage yards.
(7)
Food processing, canning, baking, etc., including catering or motorized mobile food vendors such as coffee trucks, ice cream trucks, taco trucks or similar equipped food service or catering vehicles.
(8)
Gun and weapon sales.
(9)
Hair salons, barbershops, beauty salon or parlors, day spas, and other similar uses which generate higher water and sewer demands and higher customer visits.
(10)
Uses which involve medical procedures.
(11)
Uses that require the handling of any hazardous (including biologically hazardous or toxic materials), substances or wastes except for small nonreportable or unregulated quantities that are used in occupation, such as woodworking, artistic painting or photography or in the making of jewelry, ceramics, pottery and sculpture.
(12)
Uses that require explosives or highly combustible materials.
(13)
Welding, machine shop operations or metal fabricating.
(14)
Uses that require building modifications to meet New Jersey Building Code requirements that would require a change in occupancy classification, that would require a change in fire code, uses that require installation of commercial or industrial equipment, appliances, electrical or other utility demands not customary and incidental to a residential use or which would generate or be likely to generate a level of solid waste or wastewater in excess of residential use, generation or requirements for collection, pickup or processing.
(15)
Construction equipment or materials storage.
(16)
Equipment or vehicle renting.
(17)
Furniture sales.
(18)
Funeral director, mortuary or undertaker.
(19)
Glazier's or painter's shop.
(20)
Heating, plumbing or air-conditioning services.
(21)
Landscaping services.
(22)
Laboratory.
(23)
Psychotherapist, counselor.
(24)
Professional office/business.
(25)
Private club, including sororities and fraternities.
(26)
Restaurant.
(27)
Nursing home.
(28)
Rooming house.
(29)
Retail or wholesale businesses of any kind involving transactions on the premises.
(30)
Music, art, or tutoring instruction of more than two students at a time.
(31)
Day care.
(32)
School of any size or type other than home schooling of the residents of the house.
(33)
(Reserved)
(34)
Television repair, radio repair, or the repair of small or large appliances or electronic equipment.
(35)
Stripping, sanding, refinishing, restoration or painting of vehicles, household appliances or furniture.
(36)
Antique, resale or secondhand shops or pawn shops.
(37)
Tattoo or body-piercing parlors.
(38)
Dance studio.
(39)
Taxidermist or taxidermy studio.
(40)
Massage therapist or parlor.
(41)
Any use not permitted in a wood frame building construction under the Uniform Fire Prevention and Building Code.
(43)
Any use which does not comply with all other federal, state, county and local laws, regulations and permits.
(44)
Any use which the Code Enforcement/Construction/Zoning Officer determines not to be consistent with the residential character of the neighborhood into which the home occupation is to be conducted.
F.
Permitted home occupations. The following is a nonexhaustive list of uses which may be conducted as home occupations within the limits established in this section; however, any uses not listed below will require a specific letter of confirmation from the Construction/Code Enforcement/Zoning Officer or a determination by that Officer that an application must be made to the appropriate board for planning or zoning relief.
(1)
Art, handicraft, music, writing, photography or similar studios.
(2)
Direct-sale product distribution (Amway, Avon, Tupperware, etc.).
(3)
Dressmaker, seamstress, tailor.
(4)
Home typing or computing services.
(5)
Mail-order sales subject to compliance with the delivery requirements of this section and only if orders are only taken on the premises but no goods or materials are stored on the premises or delivered to or transported from the premises.
(6)
Persons engaged in building trades or similar fields, such as landscaping, plumbing, heating, electrician, who obtain a home occupation permit, using their dwelling units or residential premises as an office for business activities carried on off the premises with a separate office location may have more employees if they are not employed on the premises and do not report to the residence for any business activities and no commercial vehicles are parked on or around the premises.
(7)
(Reserved)
(8)
Telephone sales and order-taking, provided that orders are only taken on the premises but no goods or materials are stored on the premises or delivered to or transported from the premises.
(9)
Tutor or instructor, provided that there are not more than two students at a time.
(10)
Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his/her disability.
§ 114-229 Administrative procedures.
A.
Registration required. All home occupations established, operated or maintained within the City of Somers Point are required to register with the Code Enforcement Officer, as follows:
(1)
Existing home occupations. Within six months of the effective date of this section, all existing home occupations which do not have a current home occupation permit are required to register.
(2)
Registration forms. Applications to register a home occupation shall be on forms provided by the Code Enforcement Officer.
(3)
Each applicant shall provide:
(a)
A completed application form.
(b)
An eight-and-one-half-inch by eleven-inch detail plan drawn to scale which clearly identifies all structures on the property.
(c)
An eight-and-one-half-inch by eleven-inch floor plan drawn to scale which identifies the room or area devoted to the home occupation outlined in red.
(d)
A statement which summarizes the proposed home occupation, including how such home occupation will be consistent with the home occupation Standards.
(e)
The names and addresses of any employee who is not a resident of the household.
(f)
The make, color, license number, and insurance certificate for each vehicle to be used in the home occupation.
(g)
Proof to the satisfaction of the Code Enforcement Officer that there is sufficient on-site parking for all vehicular equipment used or associated with the home occupation, and proof that if there are any additional vehicles in excess of two, they shall not be parked or stored on site or on any public streets or rights-of-way but must be stored or parked on an off-street parking or storage area identified by the applicant.
(h)
A signed home occupation affidavit in a form provided by the Code Enforcement Officer sworn to by the applicant attesting to the accuracy of the information provided.
(i)
The filing fee in effect at the time the application is submitted.
[1]
The nonrefundable filing fee for an initial home occupation permit is $175. The nonrefundable filing fee for an annual renewal application is $75. The filing fee shall be paid by personal check or money order. No cash will be accepted.
[2]
Filing fees shall be subject to change by resolution adopted by the City Council.
(j)
A copy of a current New Jersey driver's license showing that the home occupation business address is the applicant's permanent residence.
(k)
Such other information as the Code Enforcement Officer shall request.
(5)
Failure to register. A failure to register as required in Subsection A(1) above shall be deemed an abandonment of any right to operate a nonconforming home occupation regardless of actual intent. Thereafter, that home occupation shall be required to obtain a permit and shall be treated as though it were a new home occupation.
§ 114-230 Permits limited.
A.
Permits for home occupations are limited as follows:
(1)
Permits for home occupations shall be granted only to a designated person who resides at the residential address.
(2)
Permits for home occupations are not transferable from person to person or from address to address.
(3)
Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, the surviving spouse or child residing at the same address may continue the permit upon notice to and written authorization from the Code Enforcement Officer.
(4)
In cases where an application is considered not to be in compliance with the home occupation performance standards, the application will be denied.
B.
Compliance with other applicable statutes and standards. Home occupations shall comply with all local, state or federal regulations pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.
§ 114-231 Inspections.
A.
Initial inspection. The premises to be used for a home occupation shall be inspected by the Code Enforcement Officer prior to any approval or registration of a home occupation permit.
B.
Compliance inspections. Home occupation applicants shall permit a reasonable inspection of the premises by the Code Enforcement Officer or designee to determine compliance with this article.
§ 114-232 Revocation of permit; violations and penalties.
A.
Revocation. The Code Enforcement Officer may revoke any home occupation permit for noncompliance with the criteria set forth in this section. If the permit is revoked, such home occupation use shall be terminated.
(1)
When the Code Enforcement Officer has reasonable cause to believe that any holder of a home occupation permit may be in violation of the terms of the provisions of this article or of the terms of the permit issued, the Code Enforcement Officer shall conduct such investigation as may be warranted by the circumstances, including an inspection of the premises, and upon the finding of a violation may direct that the violation(s) be corrected within a period of 30 days, or such shorter period if a threat to health or safety is involved. If such violation(s) remains uncorrected after the designated period, the Code Enforcement Officer may revoke the permit.
(2)
Within 30 days of the denial of a permit or the revocation of a permit, the applicant may appeal the decision of the Code Enforcement Officer to the Zoning Board of Adjustment, which may conduct such hearing as it may deem appropriate and affirm or reverse the decision of the Code Enforcement Officer.
B.
Right of appeal. Any person aggrieved by the issuance of a home occupation permit or by the operation of a home occupation may apply for a hearing and review before the Zoning Board of Adjustment.
C.
Penalties and restrictions.
(1)
If a home occupation permit is revoked and the revocation is not reversed on appeal to the Zoning Board of Adjustment, no new application may be submitted and no new permit issued to anyone residing in the property for one year following revocation. In the event of a subsequent revocation, no new application may be submitted and no new permit issued to anyone residing in the property for two years following revocation. In the event of a third revocation, no application shall be accepted for a home occupation.
(2)
If the Code Enforcement Officer issues a cease and desist order as a result of a violation of this article, and if the owner of the premises fails to take corrective action within the time specified by the Code Enforcement Officer, or if the owner continues to operate the home occupation after notice of revocation has been sent, in addition to the remedy set forth in Subsection C(1), the Code Enforcement Officer may file a complaint in the Municipal Court.
(3)
If convicted, the penalty shall be not less than nor more than $500 for each day the violation continues. Each day shall be deemed to be a separate violation.