Recent Developments in New Jersey Regarding Zoning

• Key point. A church can establish a child care facility on its property even if such a use is not specifically permitted under local zoning law, so long as it is an "accessory use" of the church's property.

A New Jersey court ruled that a city zoning board acted properly in allowing a church to construct a sanctuary and preschool on an undeveloped tract, despite the protests of neighbors. A Seventh Day Adventist church purchased a 10—acre tract of land in a "low density residential" zone. Churches are a permitted use in this zone. The church applied to the local zoning board for site plan approval to construct a 15,000 square—foot church on the site. The proposed facility included a religious sanctuary, fellowship hall, offices, a library, and a preschool. During the board hearing, much of the testimony focused on whether the increased traffic generated by the proposed ...