Ltr Diane Chandler Zimmerman enc documents 91224

vo » © CARPENTER, BENNETT & MORRISSEY Mr. Aaron Frank House of the Holy Comforter May 4, 1995 Page 3. principally as residential health care facilities, nursing or maternity homes or as facilities for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition..." The State and Federal Governments having thus integrated nursing homes and hospitals within a single system for purposes of control and regulation and subjecting both to the same certificate of need prerequisites, we are satisfied that they cannot be disparately treated for zoning purposes--at least not on the basis of any legitimate public policy which would justify the exclusion of one and inclusion of the other within the same zone. For the same reason, licensed residential health care facilities, like HHC, and nursing homes should be classified for zoning purposes as identical uses.' Since the Zoning Ordinance permits hospitals and nursing homes in the OB2 zone, HHC requests that this Board interpret the ordinance as permitting HHC’s current and proposed use because it is within the continuum, classification and definition of these permitted uses. Very truly yours, p_Q.e —_. WAC: gmm William A. Carpenter, Jr. 'In 1993, the Legislature amended N.J.S.A. 54:4-3.6 "Exemption of property of nonprofit organizaitons," which, among other things, exempted buildings used for hospital purposes by stating that the term hospital purposes "includes health care facilities for the elderly, such as nursing homes; residential health care facilities;***."