Last month, the Assembly passed A-2623, by a vote of 65-3, the "Home Based Jobs Creation Act," which would permit a family home business to exist in a residential zone as an accessory use and not require a use variance pursuant to N.J.S.A. 40:55D-70.
In the Assembly State and Local Government Committee, the League testified against this bill and highlighted the harmful effects the legislation would have on municipal planning.
This bill creates a loophole that allows certain home-based businesses, currently illegal under a municipality’s zoning laws, to become legal and protected without municipal approvals.
New Jersey’s Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq., gives municipalities the power to zone, and establishes the governmental and legal structure for municipal planning through a Municipal Planning Board and/or a Municipal Zoning Board, a public notice hearing procedure, an application process, and different types of variances for consideration.
Municipalities give thoughtful consideration to planning and zoning to ensure mobility, safety, accessibility, order, and public good for the land in the community. Please consider adopting the League’s sample resolution opposing this measure, urging the Senate to not act on the legislation.
Contact: Paul Penna, Senior Legislative Analyst, ppenna@njlm.org, 609-695-3481, x110.