reglab/housing_qa huggingface dataset:
NJ Rev Stat § 40:55D-66.6 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.6 - Child care centers located in nonresidential municipal districts; permitted

40:55D-66.6. Child care centers located in nonresidential municipal districts; permitted  Child care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child care center shall be excluded in calculating: (1) any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and (2) the permitted density allowable for that building or structure under any applicable municipal zoning ordinance.  L.1989, c.286, s.1.
NJ Rev Stat § 40:55D-66.7 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.7 - Child care center excluded in calculation of density of building

40:55D-66.7. Child care center excluded in calculation of density of building  1. In considering an application for development approval for a nonresidential development that is to include a child care center that is located on the business premises, is owned or operated by employers or landlords for the benefit of their employees, their tenants' employees, or employees in the area surrounding the development, and is required to be licensed by the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), an approving authority may exclude the floor area to be occupied in any building or structure by the child care center in calculating the density of that building or structure for the purposes of determining whether or not the density is allowable under any applicable municipal zoning ordinance.  L.1992,c.81.
NJ Rev Stat § 40:55D-66.7a (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.7a - Child care programs, exemption from local zoning restrictions

40:55D-66.7a. Child care programs, exemption from local zoning restrictions  2. Any child care program approved by a local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.18A:20-34, shall be deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions.  L.1999,c.83, s.2.
NJ Rev Stat § 40:55D-66.8 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.8 - Siting of structure, equipment for groundwater remedial action

40:55D-66.8. Siting of structure, equipment for groundwater remedial action  3. a. The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), shall be deemed to be essential to the continuation of an existing structure or use of a property, including a nonconforming use, or to the development of a property, as authorized in the zoning ordinance of a municipality. A groundwater remedial action subject to this section, including any structure or equipment required in connection therewith, shall, therefore, be deemed to be an accessory use or structure to any structure or use authorized by the development regulations of a municipality; shall be a permitted use in all zoning or use districts of a municipality; and shall not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).  b. A municipality may, by ordinance, adopt reasonable standards for the siting of a structure or equipment required for a groundwater remedial action subject to subsection a. of this section. The standards may include specification of the duration of time allowed for the removal from a site of all structures or equipment used in the remedial action upon expiration of the term of the discharge permit or completion of the remedial action, whichever shall be sooner. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency for a groundwater remedial action, but an ordinance establishing siting standards may provide penalties and may authorize the municipality to seek injunctive relief for violations of the ordinance.  As used in this section, "groundwater remedial action" means the removal or abatement of pollutants in groundwater, and includes de-watering activities performed in connection with the removal or replacement of underground storage tanks, as defined in section 2 of P.L.1986, c.102 (C.58:10A-22), except that as used herein underground storage tanks shall include:  (1) farm underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;  (2) underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and  (3) underground storage tanks used to store heating oil for on-site consumption in a residential building.  L.1993,c.351,s.3.
NJ Rev Stat § 40:55D-66.9 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.9 - Variance for remedial action

40:55D-66.9. Variance for remedial action  4. If, for any of the reasons set forth in subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance is required under that subsection c. for the siting of a structure or equipment to be used in a groundwater remedial action subject to section 3 of P.L.1993, c.351 (C.40:55D-66.8), a variance for the remedial action shall be deemed necessary to avoid exceptional and undue hardship on an owner, lessee or developer of a property for which a variance application is made; however, a zoning ordinance may authorize the zoning board of adjustment or planning board, as appropriate, to establish reasonable terms and conditions for issuance of a subsection c. variance. The zoning board of adjustment or planning board, as appropriate, shall review and take final action on an application for a subsection c. variance for a groundwater corrective action at the next meeting of the zoning board of adjustment or planning board, as appropriate, occurring not less than 20 days following the filing of an application therefor, unless the zoning board of adjustment or planning board, as appropriate, determines that the application lacks information indicated on a checklist adopted by ordinance and made available to the applicant, and the applicant has been notified, in writing, of the specific deficiencies prior to expiration of the 20-day period.  L.1993,c.351,s.4.
NJ Rev Stat § 40:55D-66.10 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.10 - Methadone clinic deemed business for zoning purposes

40:55D-66.10. Methadone clinic deemed business for zoning purposes  1. For the purposes of any zoning ordinance adopted by any municipality in the State pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), a municipality may provide within the ordinance that a facility offering outpatient methadone maintenance services, hereinafter referred to as a "methadone clinic," shall be deemed to be a 'business' or commercial operation or functional equivalent thereof and shall not be construed, for zoning purposes, as ancillary or adjunct to a doctor's professional office. When a municipality has adopted such an ordinance, the siting of a methadone clinic within a municipality shall be limited to zones designated for business or commercial use. L.2001,c.19,s.1.
NJ Rev Stat § 40:55D-66.11 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.11 - Wind and solar facilities permitted in industrial zones.

40:55D-66.11 Wind and solar facilities permitted in industrial zones.  1. A renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted use within every industrial district of a municipality. For the purposes of this section: "renewable energy facility" means a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy. L.2009, c.35, s.1.
NJ Rev Stat § 40:55D-66.13 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.13 - Issuance of technical bulletin.

40:55D-66.13 Issuance of technical bulletin.  2. Within 10 months of enactment of P.L.2009, c.244 (C.40:55D-66.12 et seq.), the Director of the Division of Codes and Standards in the Department of Community Affairs, in consultation with the Department of Environmental Protection, shall issue a technical bulletin which shall include model municipal ordinances for the construction of small wind energy systems. Prior to issuance of the technical bulletin, the director shall hold one or more public hearings and solicit comments from interested parties. The Division of Codes and Standards in the Department of Community Affairs shall post the technical bulletin on its Internet website. L.2009, c.244, s.2.
NJ Rev Stat § 40:55D-66.14 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.14 - Compliance.

40:55D-66.14 Compliance.  3. Small wind energy systems shall be built to comply with all applicable Federal Aviation Administration requirements, including 14 C.F.R. part 77, subpart B regarding installations close to airports, and all applicable airport zoning regulations. L.2009, c.244, s.3.
NJ Rev Stat § 40:55D-66.15 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.15 - Conditions for deeming abandoned; legal action.

40:55D-66.15 Conditions for deeming abandoned; legal action.  4. A small wind energy system that is out of service for a continuous 12-month period shall be deemed abandoned. The municipal zoning enforcement officer may issue a notice of abandonment to the owner of an abandoned small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The municipal zoning enforcement officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the municipal zoning enforcement officer with information demonstrating the small wind energy system has not been abandoned. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the municipality may pursue a legal action to have the wind generator removed at the owner's expense. L.2009, c.244, s.4.
NJ Rev Stat § 40:55D-66.16 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.16 - Solar, photovoltaic energy facility, structure, certain, permitted use within every municipality.

40:55D-66.16 Solar, photovoltaic energy facility, structure, certain, permitted use within every municipality.  2. a. Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on the site of any landfill or closed resource extraction operation, shall be a permitted use within every municipality. b. Notwithstanding any law, ordinance, rule or regulation to the contrary, a wind energy generation facility or structure constructed and operated on the site of any landfill or closed resource extraction operation, shall be a permitted use within every municipality outside the pinelands area as defined pursuant to section 3 of P.L.1979, c.111 (C.13:18A-3). The Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the purposes of this subsection. L.2011, c.141, s.2.
NJ Rev Stat § 40:55D-66.17 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.17 - Findings, declarations, definitions, relative to tiny home occupancy on vacant municipal land.

40:55D-66.17 Findings, declarations, definitions, relative to tiny home occupancy on vacant municipal land.  1. a. The Legislature finds and declares that: (1) An excess of vacant properties present a persistent problem in many New Jersey municipalities;  (2) Vacant properties create opportunities for criminal activity, lower neighborhood property values and local government revenues, and generally impair the public health and welfare;  (3) In recent years, an increasing awareness has developed over the large financial and environmental cost of building and maintaining an average American home;  (4) Many young people, and people of modest means, find themselves unable to afford to purchase these homes, or even rent them, as well as pay the large associated utility bills;  (5) Increasingly, many people view residing in a tiny home as a simple and viable alternative to the traditional house, that provides the resident more affordable housing, and lowers their environmental footprint;  (6) Despite the economic and environmental advantages of tiny home construction and occupancy, many who want to build or occupy tiny homes have expressed frustration with regulatory barriers to making tiny home living a reality; and (7) It is, therefore, in the best interest of the State and a valid public purpose to permit New Jersey municipalities to lease vacant lots for use by the owners of tiny homes and to direct the Commissioner of Community Affairs to publish enhanced regulatory guidance on the acceptable uses of tiny homes in residential construction.  b. A municipality may adopt a tiny home rental ordinance to permit the use of vacant land owned by the municipality for tiny home rental purposes. A tiny home rental ordinance shall establish: (1) whether the vacant land may be leased to the owner of a tiny home solely for their own occupancy, or whether the lessee may sublease the vacant land; and (2) the setback, use group, and other zoning limitations that shall apply to homes built for tiny home rental purposes.  c. As used in P.L.2019, c.490 (C.40:55D-66.17 et al.): "Tiny home" means a dwelling that is 400 square feet or less in floor area excluding lofts.  "Tiny home rental purposes" means the rental of individual lots, or portions of individual lots, for the placement and occupancy of tiny homes. L.2019, c.490, s.1.
NJ Rev Stat § 40:55D-66.18 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.18 - Variance not required for application.

40:55D-66.18 Variance not required for application.  1. An application for development submitted solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality and shall not require a variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70). L.2021, c.171, s.1.
NJ Rev Stat § 40:55D-66.19 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-66.19 - Applications at gasoline station, retail establishment.

40:55D-66.19 Applications at gasoline station, retail establishment.  2. a. An application for development for the installation of electric vehicle supply equipment or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements: (1) the proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building; (2) all other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and (3) the proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations. b. An application shall be deemed complete if: (1) the application, including the permit fee and all necessary documentation, is determined to be complete; (2) a notice of incompleteness is not provided within 20 days after the filing of the application; or (3) a one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application. c. Electric vehicle supply equipment and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and Department of Community Affairs inspection requirements. L.2021, c.171, s.2.
NJ Rev Stat § 40:55D-67 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-67 - Conditional uses; site plan review

40:55D-67. Conditional uses; site plan review  a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. The planning board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant. b. The review by the planning board of a conditional use shall include any required site plan review pursuant to article 6 of this act. The time period for action by the planning board on conditional uses pursuant to subsection a. of this section shall apply to such site plan review. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period. L.1975, c. 291, s. 54, eff. Aug. 1, 1976.
NJ Rev Stat § 40:55D-68 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-68 - Nonconforming structures and uses

40:55D-68. Nonconforming structures and uses  Nonconforming structures and uses. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof.  The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the board of adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S. 54:5-14 and R.S. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the board of adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (C. 40:55D-72 to C. 40:55D-75) shall apply to applications or appeals to the board of adjustment.  L. 1975, c. 291, s. 55, eff. Aug. 1, 1976. Amended by L. 1985, c. 516, s. 15.
NJ Rev Stat § 40:55D-68.1 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-68.1 - Year-round operation

40:55D-68.1. Year-round operation  Any hotel, guest house, rooming house or boarding house which is situated in any municipality which borders on the Atlantic ocean in a county of the fifth or sixth class shall be permitted to operate on a full-year basis notwithstanding section 55 of P.L.1975, c.291 (C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or other municipal rule or regulation to the contrary if it is demonstrated by affidavit or certification that:  a. a certificate of inspection has been issued for the hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) or, in the case of a rooming house or boarding house, that a license has been issued under P.L.1979, c.496 (C.55:13B-1 et al.); and  b. a hotel or guest house in the municipality which has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.) or rooming house or boarding house in the municipality which is licensed under P.L.1979, c.496 (C.55:13B-1 et al.) is not prohibited from operating on a full-year basis on February 9, 1989 or on any other day following February 9, 1989.  L.1989, c.67, s.1.
NJ Rev Stat § 40:55D-68.2 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-68.2 - Determination of eligibility

40:55D-68.2 Determination of eligibility  The owner of any hotel, guest house, rooming house or boarding house who proposes to increase its operation to a full-year basis and who can demonstrate that a hotel, guest house, rooming house or boarding house in the municipality is not prohibited from operating on a full-year basis as provided under section 1 of this act shall file copies of that information with the Commissioner of Community Affairs in accordance with the requirements set forth in section 1 of this act and provide copies of that information to the clerks of the municipality and county in which the hotel, guest house, rooming house or boarding house is situated. The commissioner shall review that information submitted by the hotel, guest house, rooming house or boarding house owner and, within 30 days of receiving the information submitted, provide a determination of whether or not the hotel, guest house, rooming house or boarding house meets the requirements of section 1 of this act. If the commissioner does not provide a determination within the 30-day period, the hotel, guest house, rooming house or boarding house owner may commence the operation of the hotel, guest house, rooming house or boarding house on a full-year basis.  L.1989, c.67, s.2.