1873-2013 Home Occupation Ordinance

7/28/2019 1873-2013 Home Occupation Ordinance

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#1873-2013

MEETING DATE: June 11, 2013 (Introduction); June 25, 2013 (Public Hearing)

AGENDA ITEM COMMENTARY

TITLE: AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF THECODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING RECOMMENDATIONS

OF THE 2012 MASTER PLAN REEXAMINATION REPORT AND UPDATE FOR HOMEOCCUPATIONS

STAFF SOURCE: Tiffany A. Cuviello, PP, AICP, Township Planner

DISCUSSION: The purpose of this Ordinance is to amend Chapter 233, Land Management, ofthe Code of the Township of Galloway to permit home professional offices as an accessory use

in all residential districts. The Galloway Township Planning Board adopted a Master PlanReexamination Report and Update on April 5, 2012 recommending the permission of home

occupation as accessory uses.

After Introduction of the Ordinance, a copy should be referred to the Planning Board forrecommendation in accordance with the requirements of N.J.S.A. 40:55D-64.

EXHIBITS: A copy of the ordinance.

RECOMMENDATIONS: Adopt the Ordinance.

TOWNSHIP OF GALLOWAY

DEPARTMENT OF COMMUNITY DEVELOPMENT

PLANNING BOARD ZONING BOARD OF ADJUSTMENT

_______________________________________________________

300 E. JIMMIE LEEDS ROAD, GALLOWAY, NJ 08205

(609) 652-3700 EXT. 246 FAX: (609) 652-5259

Tiffany A. Cuviello, PP, AICP

PLANNER


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ORDINANCE # 1873 OF 2013

AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF THE

CODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING

RECOMMENDATIONS OF THE 2012 MASTER PLAN REEXAMINATION REPORT

AND UPDATE FOR HOME OCCUPATIONS

WHEREAS, the purpose of this Ordinance is to amend Chapter 233, Land Management,of the Code of the Township of Galloway to permit home professional offices as an accessory

use in all residential zoning districts; and

WHEREAS, the Galloway Township Planning Board adopted a Master PlanReexamination Report and Update on April 5, 2012 recommending the amendments as

proposed; and

WHEREAS, the Township Council referred this ordinance for recommendation to the

Planning Board in accordance with the requirements of N.J.S.A. 40:55D-64. The PlanningBoard found that the proposed ordinance is consistent with the adopted Master Plan and made a

favorable recommendation supporting the ordinance amendments at their June 20, 2013 meeting.

NOW THEREFORE, BE IT ORDAINEDby the Governing Body for the Township ofGalloway, County of Atlantic and State of New Jersey, that Chapter 233, Land Management is

hereby amended as follows:

SECTION I. Amend Section 233-4 Terms Defined to include the following, in alphabeticalorder:

HOME PROFESSIONAL OFFICE - A business, profession, occupation or trade conducted forgain or support by a resident of the dwelling unit and is incidental and secondary to the use of the

dwelling unit. A home professional office shall not include retail sales to the general publicunless through mail, internet or another similar service wherein the retail customers are not

visiting the residential unit.

SECTION II. Amend Section 233-8.E. to add new item (13) as follows:

(13) Home Professional Office in accordance with the standards in Subsection I, below.

SECTION III. Amend Section 233-8 to add a new subsection I as follows:

233-8.I. Home Professional Office.

(1) A zoning permit is required for the initial establishment of the home professional officein accordance with Section 233-8.C. above.

(2) No more than one home professional office shall be permitted per residential dwellingunit.

(3) No more than 10% of the dwelling unit and accessory structures or 500 square feet,whichever is less, may be devoted to the home professional office.

(4) The home professional office must be carried out indoors without any outdoor storage.(5) The residential appearance of the structure shall not be altered as a result of the home

professional office.

(6) Noise, glare, fumes, odors, or electrical interferences are prohibited.


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ORDINANCE # 1873 OF 2013

AN ORDINANCE AMENDING CHAPTER 233, LAND MANAGEMENT, OF

THE CODE OF THE TOWNSHIP OF GALLOWAY IMPLEMENTING

RECOMMENDATIONS OF THE 2012 MASTER PLAN REEXAMINATION

REPORT AND UPDATE FOR HOME OCCUPATIONS

(7) Not more than one client is permitted on the premises at any one time. Clients arepermitted to visit the residential unit for those professions that include professionalservices. A home professional office shall not include retail sales.

(8) Deliveries and pickups by tractor-trailers are prohibited. All deliveries shall occur bystandard residential UPS, FedEx or other similar service.

(9) The home professional office shall not have employees working at the dwelling unitwith the exception of members of the family living in the dwelling unit.

(10)No commercial vehicles shall be stored on-site with the exception of the vehicleutilized by the resident of the dwelling unit. The storage and/or parking of commercial

vehicles with more than two-axels are prohibited.(11) Automotive or vehicular repair of any kind is specifically prohibited, including

maintaining of vehicles associated with the home occupation.

NOW THEREFORE, BE IT FURTHER ORDAINEDby the Governing Body for the

Township of Galloway, County of Atlantic and State of New Jersey, that a certified copy of thisordinance is forwarded to the Pinelands Commission for certification.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed thefirst reading at a meeting of the Township Council of the Township of Galloway, County of

Atlantic and State of New Jersey, held on June 11, 2013, and said Ordinance will be furtherconsidered for final passage and adoption at a public hearing to be held at the Municipal

Complex located at 300 East Jim Leeds Road, Galloway, New Jersey 08205, on June 25, 2013,at 6:30 p.m. or as soon thereafter as the matter may be reached.

BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF GALLOWAY

Certified as a true copy of an

Ordinance which passed final readingAt a regular meeting of the Galloway

Township Council held on _____________________________________

Thalia C. (TC) Kay, RMCTownship Clerk

Recorded Vote: MOTIONS AYE NAY ABSTAIN ABSENT

Bassford Coppola Gorman Purdy McElwee Tyrrell Ullman

Documents

1873-2013 Home Occupation Ordinance