Under the Air Safety and Zoning Act of 1983, the State Commissioner of Transportation has mapped areas
around licensed public airports which are considered to be airport
safety zones. The Municipal Land Use Law requires that these airport safety zones be shown on the
land use plan element of the Master Plan. Additionally, the standards
adopted by the New Jersey Department of Transportation governing permitted
uses and heights of structures within designated airport safety zone
is incorporated by reference. N.J.A.C. 16:62-6.1 to 16:62-6.5 outline
a procedure to follow that may permit for the creation or expansion
of a prohibited land use or vertical height development within an
airport safety zone after municipal approvals have been obtained.
See N.J.A.C. 16:62-6.1 et seq.
Cemeteries must conform with both municipal and state standards
pursuant to the New Jersey Cemetery Act, 2003 (N.J.S.A. 45:27-1 et
seq.). State law requires that the governing body of a municipality
consent, by resolution, to a new cemetery or the enlargement of an
existing one. Thus, approval by the governing body and the Planning
Board or Board of Adjustment is necessary.
Licensed community residences for persons with developmental
disabilities, victims of domestic violence and persons with head injuries,
as defined under the Municipal Land Use Law, are permitted in all residential zones, provided the occupancy
does not exceed 15 persons. Community residences operated as a hospice
program to persons with terminal illnesses, Alzheimer's disease,
and dementia are permitted in all residential zones, provided the
occupancy does not exceed 15 persons. The requirements for community
residences permitted in all residential districts under the Municipal
Land Use Law shall be the same as for single-family dwelling units
located within such districts.
The Municipal Land Use Law requires that buildings to be occupied in the condominium
or cooperative form of ownership be subject to the same site plan,
subdivision and design standards applicable to similar buildings in
other forms of ownership.
The Right to Farm Act, N.J.S.A. 4:1C-1 et seq., preempts municipal
land use authority over commercial farms where agriculture is a permitted
use under the municipal Zoning Ordinance as of December 31, 1997.
Primary jurisdiction to regulate agricultural management practices
rests with the County Agricultural Board (CAB) or the State Agricultural
Development Committee (SADC). Those entities must consider the limitations
imposed by local land use and Zoning Ordinances adopted pursuant to
the Municipal Land Use Law in connection with issues related to public health and
safety.
The siting of a structure or equipment required for groundwater
remedial action approved by the New Jersey Department of Environmental
Protection pursuant to P.L. 1977, c. 74 (N.J.S.A. 58:10A-1 et seq.),
is essential to the continuation of an existing structure or use of
a use or to development of a property. As such, a groundwater remedial
action, including the structures and equipment required for the remedial
action, shall be an accessory use or structure, shall be a permitted
use in all zoning districts, and shall not require a use variance.
A zoning permit is required for groundwater remediation facilities.
Should the Zoning Officer determine that a "c" or bulk variance is
required, the Zoning Board or Planning Board shall hear the application
and, if required, establish reasonable terms and conditions for issuance
of the variance.
The Municipal Land Use Law (N.J.S.A. 40:55D-100 et seq.) requires
that manufactured housing be subject to the same standards as similar
uses, provided that the home is a minimum of 22 feet in width, installed
on a permanent foundation and the same person owns the home and the
lot on which the home is located.
Municipalities have the right to determine through zoning where
schools will be permitted. However, once that decision is made, a
school board is not required to conform with municipal site plan or
design standards. Rather, the new school must comply with standards
adopted by the State Board of Education. Where public schools are
permitted by zoning, the Municipal Land Use Law requires that private nonprofit schools also shall be
permitted.
The Municipal Land Use Law (N.J.S.A. 40:55D-66.11) states that
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.
In regard to solar facilities in industrial zones, they are a conditional
use only as roof-mounted accessory uses in conjunction with an industrial
principal use except as otherwise permitted in N.J.S.A. 40:55D-66.11.