New Jersey Municipal Land Use Law (MLUL) Excerpts

NJ Mentor maintains the following provisions allow the proposed group home to be established in a residential area WITHOUT re-zoning.


Section 40:55D-66.c Miscellaneous Provisions Relative to Zoning:

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 Human Services 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 Human Services in accordance with rules and regulations adopted by the Commissioner of Human Services provided, however, that no group home shall contain more than 12 children.


40:55D-66.1 Community Residences, Shelters, Adult Family Care Homes; Permitted Use in Residential Districts:
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single family dwelling units located within such districts.