40:55D-66 - Miscellaneous provisions relative to zoning - New Jersey Statutes

40:55D-66  Miscellaneous provisions relative to zoning.

53. a. For purposes of this act, model homes or sales offices within a subdivision and only during the period necessary for the sale of new homes within such subdivision shall not be considered a business use.

b.No zoning ordinance governing the use of land by or for schools shall, by any of its provisions or by any regulation adopted in accordance therewith, discriminate between public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education.

c.No zoning ordinance shall, by any of its provisions or by any regulation  adopted in accordance therewith, discriminate between children who are members of families by reason of their relationship by blood, marriage or adoption, and resource family children placed with such families in a dwelling by the Division of Youth and Family Services in the Department of  Children and Families or a duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes.  As used in this section, the term "group home" means and includes any single family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Children and Families in accordance with rules and regulations adopted by the Commissioner of  Children and Families provided, however, that no group home shall contain more than 12 children.

L.1975, c.291, s.53; amended 2004, c.130, s.113; 2006, c.47, s.185.