Borough of Palmyra, NJ Article XIII Home Office/Home Occupations

[Added 8-10-2009 by Ord. No. 2009-12[1]]

[1] Editor's Note: With the inclusion of Arts. XIII and XIV by this ordinance, former Art. XIII, Miscellaneous Provisions, of Ord. No. 2003-13, was redesignated as Art. XV.

§ 158-96 General.

A. The home occupation will be operated substantially in the dwelling or in other buildings normally associated with the uses permitted in the zone in which the property is located. The home occupation will be incidental to the residential use of the premises.

B. Ensure that the health, safety and welfare of neighbors and residents are protected and that their rights are not compromised in any manner whatsoever by the operation of the particular home occupation.

C. The business must be compatible with residential uses and be designed and carried out to minimize any impact on the residential character and quality of the neighborhood and have no impact on the value of the residence in the area.

D. There shall be no outside storage associated with a home occupation. Garages may be used for storage, provided that such storage does not interfere with required off-street parking.

E. There shall be no display of product visible from outside an enclosed building space. No sale of goods may be made on the premises. Neither stock-in-trade nor display may be maintained on the premises.

F. Shall not create visual or audible electrical interference in any radio or television off the subject property or cause fluctuation in line voltage off the subject property.

G. A bed-and-breakfast does not qualify as a home occupation.

H. Prohibited locations. An accessory structure (such as a shed or studio), a recreational vehicle or garage cannot be used for home occupation purposes.

I. Firesafety. The home occupation shall not require internal or external alterations or the use of electrical or mechanical equipment that would change the fire rating of the structure. Adequate and accessible fire exits shall be available. Fire extinguishers shall be located in the office space.

§ 158-97 Gross floor area (limitation).

Size limit. The home occupation will be operated substantially in the dwelling or in other buildings normally associated with uses permitted in the zone in which the property is located, but not both. Up to 25% of the gross area of the residence can be used for a home occupation. Accessory uses such as garages, and nonhabitable basement and attic space, are not included in the GFA calculation. Business operations are prohibited out of those accessory uses.

§ 158-98 Residential occupation of business.

A. No more than one home occupation shall be permitted in conjunction with any dwelling or parcel.

B. The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.

C. No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes. Additional persons may be employed, however, provided that their work is conducted entirely off premises.

D. The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.

E. There shall be no change to the exterior building or structures because of the use, and no outside appearance of a building use, including but not limited to, parking, storage, signs or lighting.

§ 158-99 Utilities/services.

The use does not require any increased or enhanced electrical or water supply or increase any type of solid waste disposal; it shall be the same as other residential uses in the zone district.

§ 158-100 Deliveries.

A. Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district.

B. Delivery and shipments of materials or commodities to and from the premises by commercial vehicles shall be confined and normal to business hours of 8:00 a.m. to 6:00 p.m. Delivery services which restrict traffic circulation are prohibited.

§ 158-101 Vehicular traffic.

All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.

§ 158-102 Parking.

A. The maximum number of vehicles that are associated with a home occupation and located on the subject property shall not exceed two at any time.

B. One vehicle may be associated with the home occupation, provided that the vehicle is parked on site in a parking space or the garage or on the driveway, that the vehicle does not exceed 2 1/2 gross tons in unloaded vehicle weight and that the vehicle license number's indicated on the business license for the home occupation.

§ 158-103 Prohibited conduct.

The use or operation of any equipment or process that generates noise, vibration, fumes, odor, audible or electrical interference in any radio or television off the subject property or cause fluctuation in line voltage off the subject property, or other disturbance beyond that normally occurs in the applicable zoning district is hereby prohibited.

§ 158-104 Requirement of special permit; relocation; renewal.

A. The requirement of a zoning permit is necessary before the commencement and conduct of all home occupations and for all changes and expansion of such uses as provided in this section and subject to all of the provisions relating to home occupations.

B. Not more than one zoning permit for home occupations may be issued for any one residential site. All zoning permits for a home occupation are nontransferable and are issued to a specific applicant for a specific home occupation. Therefore; the granting of a zoning permit for a home occupation shall be deemed personal to the applicant and shall not run with the land.

C. Any proposed change in the nature of an approved home occupation shall require a permit. Any departure from the uses and activities initially specified shall be considered grounds for revocation of the permit.

D. Such permits for a home occupation shall be deemed to terminate immediately when the holder thereof moves or relocates from such premises, or discontinues the activity and/or operation of the business which is the subject of such permit.

E. Each special permit for home occupation, if not previously terminated, shall terminate at the end of one calendar year following the date of issuance, but may be renewed. The renewal process shall follow the same procedure as for an original special permit application.

§ 158-105 Enforcement.

Responsibility for the enforcement of the provisions of this section is assigned to the Zoning Officer.

A. An application for a permit, amendment, renewal thereof shall be upon a form prescribed by the Zoning Officer and accompanied by a fee of $46. If the Zoning Officer shall find the application in order and the home occupation and premises to be in conformity with the provisions of this section, the Zoning Officer shall forthwith issue a zoning permit.

B. The Zoning Officer in the exercise of reasonable discretion may inspect the premises if such Officer deems it necessary in light of the documentation submitted or other information received, but is not required to inspect the premises for every application. If the Zoning Officer should determine that such application is questionable or that it should be denied, because the requirements of this section have not been met, such officer shall deny the application and provide the applicant with a statement of reasons for such denial.

C. When the Zoning Officer has reasonable cause to believe that any holder of a home occupational permit for home occupations may be in violation of the terms of this provision of this section or of the terms of such special permit for home occupations, the Zoning Officer shall conduct such investigation of the premises, and upon finding of a violation may direct that the violations be corrected within a period of 30 days. If such violations remain unabated upon the expiration of that 30 days, the Zoning Officer may revoke any such permit.

D. Within 30 days of the denial of a permit or of the revocation of a permit the applicant may appeal the Zoning Officer's decision to the Land Use Board which may conduct such hearing as it may deem appropriate and affirm or reverse the decision of the Zoning Officer.