Wayne, NJ Home Business: Home Daycare (2026)

Wayne Township Code § 134-30.1 permits family day care homes in all residential zones, in accordance with N.J.S.A. 40:55D-66.5b, which the Code cites in its own text. Subsection A sets the zoning standard in one sentence: the requirements for family day care homes are the same as for single family dwelling units located within the residential districts. The Code adds no separate lot size, parking count, hours or sign rule for the use.

The section then deals with private restrictions. Any deed restriction that would prohibit the use of a single family dwelling as a family day care home is not enforceable unless the restriction is necessary for the preservation of the health, safety, and welfare of the other residents in the neighborhood. The burden of proof sits on the party seeking to enforce the restriction, which must demonstrate necessity on a case-by-case basis.

Condominiums, cooperatives and horizontal property regimes are treated differently. Under subsection B, those that represent themselves as primarily for retirees or elderly persons, or that impose a minimum age limit tending to attract persons nearing retirement age, can prohibit family day care homes through deed restrictions or bylaws. Under subsection C, other condominiums, cooperatives and horizontal property regimes can also prohibit them, but the condominium association, cooperative association or council of co-owners carries the burden of proving case by case that the prohibition is reasonably related to residents' health, safety and welfare. It carries the same burden for any other restriction, including noise restrictions and limits on interior common areas.

Two neighboring provisions cover other child care. Section 134-31.1 permits child care centers licensed by the Department of Human Services in all nonresidential zones and excludes the center's floor area from parking and density calculations. Section 134-29.4 treats a board-of-education approved before or after school program in a public school as permitted in all residential and nonresidential districts and exempt from local zoning restrictions.