Family day-care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single-family dwelling as a family day-care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety and welfare of the other residents in the neighborhood. The burden of proof shall be on the party seeking to enforce the deed restriction to demonstrate, on a case-by-case basis, that the restriction is necessary for the preservation of the health, safety and welfare of the residents in the neighborhood who were meant to benefit from the restriction.

In condominiums, cooperatives and horizontal property regimes that represent themselves as being primarily for retirees or elderly persons or which impose a minimum age limit tending to attract persons who are nearing retirement age, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use.

In condominiums, cooperatives and horizontal property regimes other than those permitted to prohibit family day-care homes from being a permitted use under the preceding subsection, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use; however, if such condominiums, cooperatives or horizontal property regimes prohibit such use, the burden of proof shall be on the condominium association, cooperative association or council of co-owners to demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety and welfare of the residents. The burden of proof also shall be on the condominium association, cooperative association or council of co-owners to demonstrate, on a case-by-case basis, that any other restrictions imposed upon a family day-care home, including but not limited to noise restrictions and restrictions on the use of interior common areas, are reasonably related to the health, safety and welfare of the residents.

Child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to the Child Care Center Licensing Act, N.J.S.A. 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 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 the permitted density allowable for that building or structure under any applicable municipal zoning ordinance.

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 N.J.S.A. 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.

The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to N.J.S.A. 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 N.J.S.A. 40:55D-70.

A municipality may, by ordinance, adopt reasonable standards for the siting of a structure or equipment required for a groundwater remedial action subject to the preceding subsection. 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.

If, for any of the reasons set forth in N.J.S.A. 40:55D-70, a variance is required for the siting of a structure or equipment to be used in a groundwater remedial action subject to N.J.S.A. 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 variance. The Zoning Board of Adjustment or Planning Board, as appropriate, shall review and take final action on an application for a 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 twenty-day period.

The height standards, as provided in this chapter, shall not apply to silos; to belfries, cupolas or domes not used for human occupancy; to chimneys, ventilators, skylights or other mechanical devices usually carried above roof level; to water tanks; or to television, radio or satellite dish antennas. Such structures shall be carried only to the height necessary for their purpose.

The height standards, as provided in this chapter, shall not apply to a parapet wall or ornamental cornice having no windows, provided that such feature rises no more than five feet above the standard building height.

Public or quasi-public buildings which are approved to exceed the height standard, as provided in this chapter, shall increase the front, side and rear yards by one foot for every one foot the building exceeds the height standard, up to a maximum height of 50 feet.

Accessory buildings shall not be placed in front yard areas or in front of the principal building.

In the case of any lot or tract of land that is divided by a zoning district boundary line (commonly known as being split zoned), except for zoning districts in which residential housing of any type is allowed as a principal permitted use, any accessory structure or use that is permitted in the less intensive zoning district shall also be considered as being permitted in both zoning districts. This may thus apply to common accessory structures such as parking and drive aisles, landscaping and drainage facilities so long as the Zoning Officer, in the reasonable exercise of his discretion, deems same to be permitted accessory structures or uses in the less intensive zoning district.

Outdoor telephone booth.

School bus weather shelter.

Public utility service and distribution lines located within public right-of-way.

A maximum of 25% of the total square footage of the residence shall be devoted to the home occupation.

No advertising display of any kind shall be permitted, except for an identification sign with a maximum sign face area of two square feet.

A minimum of two on-site parking spaces shall be provided for visitors in addition to the spaces required for the residential use. Additionally, parking facilities shall be located within side yards or rear yards and shall be completely screened from neighboring properties and any public street.

No goods, chattels, materials, supplies or items of any kind pertaining to the home occupation shall be delivered to or from the premises by articulated vehicles.

No retail sales or products shall be offered to the public.

The home occupation shall be free from objectionable odors, fumes, dirt, vibration and noise.