Notwithstanding the provisions of any law to the contrary, family day care homes shall be deemed to be a home occupation for purposes of this chapter arid" family day care homes shall not be subject to more stringent restrictions than exist or apply to all other home occupations in the particular residential zone in which the family day care home is located. Family day care is a permitted accessory use in all residential zones.

"Family day care home" means any private residence approved by the Division of Youth and Family Services or any organization with which the division contracts for family day care in which child care services are regularly provided to no less than three and no more than five children for no less than 15 hours per week. A child bearing cared for under the following circumstances is not included in the total number of children receiving child care services: