Toms River City Zoning Code
§ 348-10.3
R/C-3 Conservation Residential Zone.
[Added 4-9-2002 by Ord. No. 3688-02[1]; amended 3-25-2003 by Ord. No. 3781-03]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
All farm and agriculture activities, including nurseries and livestock and poultry raising, except the keeping or raising of swine. Minimum lot size for agricultural uses shall be six acres.
(3)
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which included public or semipublic educational facilities as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(4)
Public or semipublic parks or open space. Privately owned parks or open spaces that are created under the cluster option herein for the sole use of residents and members of a homeowners' association shall be permitted.
(5)
Essential services.
(6)
Community residences for the developmentally disabled and community shelters for victims of domestic violence, community residences for persons with head injuries and community residences for the terminally ill, per N.J.S.A. 40:55D-66.1 et seq.
B.
Required accessory uses.
(1)
Off-street parking, subject to the provisions of § 348-8.20.
C.
Permitted accessory uses.
(1)
Fences, subject to the provisions of § 348-8.13.
(2)
Private swimming pools, subject to the provisions of § 348-8.21.
(3)
Signs, subject to the provisions of § 348-8.26.
(4)
Farm markets for the sale of produce and farm products grown or raised on the premises.
(5)
Other customary accessory uses and buildings which are clearly incidental and subordinate to the use of the principal building.
D.
Conditional uses subject to the provisions of Article IX of this chapter, including:
(1)
Public utilities (§ 348-9.6).
(2)
Home professional office (§ 348-9.11).
(3)
Home occupation (§ 348-9.12).[3]
[3]
Editor's Note: Former Subsection D(4), which immediately followed this section and which included churches and places of worship as conditional uses, was repealed 3-10-2009 by Ord. No. 4181-09.
E.
Area, yard and building requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for uses set forth above unless it is in accordance with a site plan or subdivision approved by the Planning Board. Said site plan or subdivision shall meet the following minimum requirements:
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 400 feet.
(5)
Principal accessory building setbacks:
(a)
Minimum front yard setback: 80 feet.
(b)
Minimum rear yard setback: 50 feet.
(c)
Minimum side yard setback: 50 feet.
(6)
Maximum total impervious lot coverage, including buildings and impervious surfaces: 10%.
(7)
Minimum rear yard and side yard setback for private swimming pool: 15 feet.
(8)
Minimum perimeter setback for buildings containing livestock: 100 feet.
(9)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
F.
Cluster development option. Certain modifications may be permitted for a major residential subdivision under this option by the Planning Board in such cases requested by the applicant and deemed appropriate by the Planning Board. The following conditions shall be met by the applicant for consideration of cluster development:
(1)
Minimum tract size shall be 30 gross acres. In determining permitted density, fully contiguous and noncontiguous parcels shall be considered.
[Amended 12-27-2006 by Ord. No. 4064-06]
(2)
The clustered lots shall be served by public sanitary sewer and public water.
(3)
Yield plan.
(a)
A yield plan based on the minimum zoning standards for single-family residential uses per Subsection E above shall be prepared to determine lot yield under an as-of-right scenario. The yield plan shall take all development constraints into consideration, including, but not limited to, wetlands, wetlands transition areas and floodplains, and shall be approved by the Board.
(b)
All yield plan lots shall have a reasonable probability of being in accordance with all local, county and state standards, including septic disposal, and accessible from a proposed roadway system. All lots on the yield plan shall have a minimum unconstrained, buildable area of at least 43,560 square feet.
(c)
If there is any question to the suitability of any lot, and hence the number of lots in the cluster development, the final number of lots will be based on an approved preliminary plat using the standard subdivision design.
(4)
Area, yard and setback requirements. The minimum building lot requirements for cluster development shall meet the standards for noncluster single-family residential development of the R-150 Residential Zone.
[Added 12-27-2006 by Ord. No. 4064-06]
[1]
Editor's Note: This ordinance also redesignated former § 101-10.3, Zone boundaries, as § 101-10.2.1 (now § 348-10.2.1).
