Land Use & Zoning
Under the NJ MLUL, an 'inherently beneficial use' such as a group home for disabled persons is given special treatment in variance applications because:
AIt is always denied
BSuch uses serve the public welfare and courts give them enhanced deference in the variance analysis✓ Correct
CThey are exempt from all zoning requirements
DThey may only be built in industrial zones
Explanation
NJ courts have established that inherently beneficial uses (hospitals, group homes, churches, affordable housing) serve the public welfare. When seeking a use variance, they receive enhanced deference and the hardship analysis is relaxed.
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