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Toms River City Zoning Code

§ 348-8.18

Multifamily dwellings.

In addition to regulations applicable within zones where multifamily dwellings are a permitted use or are a conditional use, the following regulations shall apply to all multifamily dwellings:
A. 
*Setback from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 25 feet from the right-of-way of all public streets unless the required front yard setback for the zone is greater, in which case the zone regulations shall take precedence.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*Setback from other property lines. All buildings, parking areas and other aboveground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 20 feet from all side and rear lot lines, unless the required side or rear yard setbacks for the zone are greater, in which case the zone regulations shall take precedence.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
*Minimum distance between principal buildings:[3]
[Amended 9-25-1991 by Ord. No. 2859-91]
(1) 
Twenty-five feet where neither of the facing walls has windows.
(2) 
Forty feet where only one of the facing walls has windows.
(3) 
Sixty feet where both of the facing walls have windows.
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.[4]
[Amended 9-25-1991 by Ord. No. 2859-91]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
*Building length. No principal building, when viewed from any elevation, shall be greater than 175 feet in length.[5]
[Amended 9-25-1991 by Ord. No. 2859-91]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
F. 
*Garages and/or carports, when not attached to a principal building, shall be located no closer than 40 feet to a facing wall of a principal building containing windows, nor closer than 20 feet to a facing wall of a principal building which does not contain windows.[6]
[Amended 9-25-1991 by Ord. No. 2859-91]
[6]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
G. 
*Distance between principal buildings and internal drives. No multifamily dwellings shall be located closer than 35 feet to any access drive or internal roadway.[7]
[Amended 9-25-1991 by Ord. No. 2859-91]
[7]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
H. 
*Distance between principal buildings and parking areas. No principal building shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings.[8]
[Amended 9-25-1991 by Ord. No. 2859-91]
[8]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
I. 
Garage and/or carport parking spaces shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.
J. 
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of § 348-8.27 of this chapter.
K. 
Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dawn to dusk. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.
L. 
Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, suitably arranged, throughout any multifamily site. In addition, an active recreation area or areas shall be provided at the rate of at least 250 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to 15 square feet per unit, except that no pool less than 500 square feet will be allowed, and no pool greater than 2,000 square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8 of this chapter.
[Amended 2-26-2019 by Ord. No. 4622-19]
M. 
*Buildings shall have no more than two dwelling units in a line without setbacks and/or breaks in building elevation of at least five feet.[9]
[Amended 9-25-1991 by Ord. No. 2859-91]
[9]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
N. 
Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the Planning Board, shall be provided where normal pedestrian traffic is likely to occur.
O. 
Internal roadways shall be constructed in accordance with the standards for public streets in this chapter.
P. 
Minimum gross habitable floor area requirements:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Efficiency units: 650 square feet.
(2) 
One-bedroom units: 750 square feet.
(3) 
Two-bedroom units: 800 square feet.
(4) 
Three-bedroom units: 1,000 square feet.
Q. 
(Reserved)[10]
[10]
Editor's Note: Former Subsection Q, dealing with the percentage of one- and three-bedroom units to the total number of units, as amended, was repealed 4-11-1990 by Ord. No. 2729-90.
R. 
All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom.