BASIC HOME OCCUPATIONS
A. Intent and Purpose. It is the intent of this section to allow for the establishment of basic home occupations in residential districts. Generally, home occupations are defined as any activity carried out for compensation in a residential dwelling unit. Jersey Township recognizes the need for some citizens to use their place of residence for limited commercial activities. However, the Township believes that the need to protect the integrity of its residential areas is of paramount concern. Further, the Township is attempting to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. In essence, our regulations regarding basic home occupation are designed to allow some commercial-type activities in a residential area but only to the extent those neighbors or passersby will not be aware, by outward appearance, of any commercial activity. In practice, the regulations do not restrict citizens their legal right to use his or her residence for limited commercial activities and as a business mailing address, but not to the extent that excessive pedestrian and vehicular traffic are generated.
B. Basic Home Occupation Defined. As used in this section, “basic home occupation” means an occupation that is incidental to the primary use of the residential dwelling unit as a residence. A Basic Home Occupation permit may only be granted to the applicant by the Zoning Inspector, provided that the applicant resides at the property. The Zoning Inspector will determine if the basic home occupation meets the conditions for a Basic Home Occupation permit as outlined in Section F below.
Examples may include but not limited to the following:
- Instruction in music, dance or other type of teaching with a maximum number of two students at a time;
- The office of a professional accountant, attorney, broker, consultant, insurance agent, realtor, architect, engineer, sales representative, and similar office oriented occupations;
- Artists, sculptors, photographers, home crafters;
- Barber shop/beauty salon with a maximum of one chair;
- A licensed massage therapist who provides massage therapy for a maximum of one client at any given time; or
- Any similar use as determined by the Inspector.
C. No Permit Required. If you are a “work-at-home” employee receiving W-2 compensation from an employer; you are not considered to be engaged in a basic home occupation. That is provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other conditions addressed (X’d) in Section F, Column 1 below.
If you engage in any business conducted from your home in which there is no physical contact between employees and/or customers, you are also not considered engaged in a basic home occupation.
Home occupations shall be allowed without a permit requirement if they conform to ALL conditions addressed (X’d) in Section F, Column 1 below, unless the home occupation:
- Changes the outside appearance of the dwelling or is visible from the street;
- Generates traffic, parking, sewage, water use or noise in excess of what is normally found in a residential neighborhood;
- Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or
- Results in outside activities, storage or display.
D. Permit Required. You are required to complete the Basic Home Occupation Application and comply with the terms of the Jersey Township Zoning regulations relating to Home Occupations if any of the conditions addressed (X’d) in Section F, Column 2 below apply.
E. Board of Zoning Appeals Approval for Home Occupation as a Conditional Use Required. If the home occupation conforms to any of the conditions addressed (X’d) in Section F, Column 3 below, a formal application to the Jersey Township Board of Zoning Appeals must be made. For details on Home Occupation as a Conditional Use, see Section 4.18 of the Jersey Township Zoning Regulations.
F. Conditions
| Conditions | Column 1 No Permit Required | Column 2 Basic Home Occupation Permit Required | Column 3 Board of Zoning Appeals Approval for Home Occupation |
| A “work-at-home” employee receiving W-2 compensation from an employer. All physical contact between business and employee occurs at place of business. | XYes | | |
| Business conducted from your home in which there is no physical contact between employees and/or customers. | XYes | | |
| No advertisement in any media of home occupation. | XYes | | |
| No signage allowed indicating home occupation. | XYes | | |
| A resident and one non-resident employee engaging in a home occupation at a residence. | | XYes | |
| You advertise the address of the property in any media. | | XYes | |
| A small sign is utilized, no larger than 1 sq. ft. and 6 ft. high. | | XYes | |
| No alteration of the residential appearance of the premises may occur, including the creation of a separate entrance to the dwelling or use of an existing entrance exclusively for the business | | XYes | |
| Business shall not routinely create greater vehicle or pedestrian traffic than normal for district in which it is located. | | XYes | |
| Home occupation operated entirely within dwelling. Garages and accessory buildings may not be used for home occupation. | | XYes | |
| Deliveries or shipments using commercial suppliers may not be made more than twice daily, and deliveries shall not restrict traffic circulation. | | XYes | |
| Business does not interfere with the parking opportunities of the adjoining residences. | | XYes | |
| No outside storage and/or display of any material relating to the home business. | | XYes | |
| A resident and two or more non-resident employees engaging in a home occupation at or out of a residence. | | | XYes |
| Business operated in separate out-building/s on the premises. | | | XYes |
| Business creates greater vehicle or pedestrian traffic than normal for the district in which it is located. | | | XYes |
| Business interferes with the parking opportunities of the adjoining residences. | | | XYes |
| Outside storage and/or display of material necessary for the related business. | | | XYes |
| Use of equipment or a process that creates noise, vibration, glare, electrical interference, fumes and/or odors detectable off of the property. | | | XYes |
| Use of signage advertising property in accordance with Jersey Township Zoning Regulations, Article 20. | | | XYes |
The above requirements shall be complied with within thirty days of the Zoning Inspector’s approval. Any variations from the above will be subject to the Zoning Inspector’s review for revocation.
G. Basic Home Occupation Application Procedure.
- Application, Fee, Agenda, Date. Basic Home Occupation permits can be obtained from and submitted to the Zoning Inspector along with the prevailing, non-refundable fee of fifty dollars ($50). The Zoning Inspector will provide the applicant a decision within thirty (30) days.
- Denial of Application. In cases where the Zoning Inspector considers the application not in compliance with the basic home occupation requirements, the application will be denied.
- Non-Transferable. Basic Home Occupation permits are NOT transferable.
- Noncompliance. Subsequent noncompliance with the Basic Home Occupation requirements shall constitute a zoning violation and be subject to prosecution pursuant to Section 2.10 Penalties for Violation of the Jersey Township Zoning Resolution.
- Appeals to Jersey Township Board of Zoning Appeals. The Zoning Inspector’s decision concerning approval or revocation shall be final, unless a written appeal is filed with the Jersey Township Board of Zoning Appeals within twenty (20) calendar days of the decision. See Section 4.08 Appeals.
- Inspections. Prior to approval of an application, basic home occupation applicants shall permit a reasonable inspection of the premises by the Zoning Inspector to determine compliance with this section.
Initial that you have read and understand the above regulations regarding Basic Home Occupations, as required in the Jersey Township Zoning Resolution, Home Occupations.