Zoneomics Logo
search icon

Toms River City Zoning Code

§ 348-10.5

Rural Residential Zone.

A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
All farm and agriculture activities, including nurseries; livestock and poultry raising, except the keeping or raising of swine, unless part of a general farming operation on a property of not less than 10 acres, and provided further that not more than 10 head shall be allowed in any case.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3), which included federal, state, county and municipal buildings and grounds, including schools, parks, playgrounds, workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(4), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(5) 
Essential services.
(6) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
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 to the principal use and building.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Churches and places of worship (§ 348-9.5).
[Amended 3-10-2009 by Ord. No. 4181-09; 7-13-2021 by Ord. No. 4700-21]
(2) 
Public utilities (§ 348-9.6).
(3) 
Nursery schools and day nurseries (§ 348-9.7).
[Amended 3-12-1996 by Ord. No. 3164-96]
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), Health care facilities, amended 12-26-1978 by Ord. No. 1801, was repealed 7-13-2021 by Ord. No. 4700-21.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), Cemeteries, was repealed 10-27-1993 by Ord. No. 3009-93.
(6) 
Home professional offices (§ 348-9.11).
(7) 
Home occupations (§ 348-9.12).
(8) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(8), dealing with animal care facilities, was repealed 10-27-1993 by Ord. No. 3009-93.
(9) 
Quasi-public and private club recreation areas (§ 348-9.18).
(10) 
Farmers' markets or auction markets (§ 348-9.20).
(11) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(11), Administrative offices and research laboratories, was repealed 7-13-2021 by Ord. No. 4700-21.
(12) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection D(12), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(13) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection D(13), Continuing-care retirement community, added 11-25-1986 by Ord. No. 2452-86, as amended, was repealed 7-13-2021 by Ord. No. 4700-21.
(14) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection D(14), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
(15) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection D(15), Long-term residential health care facilities, added 7-10-1991 by Ord. No. 2840-91, was repealed 7-13-2021 by Ord. No. 4700-21.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 43,560 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 125 feet on both streets.
(4) 
Minimum lot depth: 200 feet.
(5) 
Minimum front setback for principal and accessory buildings: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways, except:
[Amended 2-22-1995 by Ord. No. 3084-95]
(a) 
Building for enclosure for swine: 200 feet.
(b) 
Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the front yard borders another residential zone, other than the R-800 Zone, it shall be 150 feet.
(c) 
Building for the shelter of fewer than 100 poultry or fewer than two head of livestock: 50 feet, except where on a minor or major arterial highway, it shall be 60 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 30 feet, except:
(a) 
Building for enclosure of swine: 200 feet.
(b) 
Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the rear yard abuts another residential zone, other than the R-800 Zone, it shall be 150 feet.
(c) 
Building for the shelter of fewer than 100 poultry or fewer than two head of livestock: 50 feet.
(d) 
Private swimming pool: 10 feet.
(7) 
Minimum side yard setback for principal and accessory building: 20 feet, except:
(a) 
Building for enclosure of swine: 200 feet.
(b) 
Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the rear yard abuts another residential zone, other than the R-800 Zone, it shall be 150 feet.
(c) 
Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.
(d) 
Private swimming pool: 10 feet.
(8) 
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.
[Amended 7-10-1991 by Ord. No. 2840-91]
(9) 
(Reserved)[11]
[11]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(10) 
Maximum impervious coverage: 25%.
[Added 3-25-2014 by Ord. No. 4429-14]
F. 
Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.
(1) 
Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:
(a) 
The proposal will produce economy in layout and design.
(b) 
The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.
(c) 
Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.
(d) 
There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.
(e) 
The proposal is consistent with the intent and purposes of the Master Plan.
(2) 
Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.
(3) 
Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.85 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.
[Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]
(4) 
Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows:
[Amended 9-28-1994 by Ord. No. 3054-94]
(a) 
Minimum lot area: 20,000 square feet.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 65 feet
[2] 
Corner lot: 125 feet on both streets.
(c) 
Minimum lot width: 125 feet.
(d) 
Minimum lot depth: 150 feet.
(e) 
Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(f) 
Minimum rear setback:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal and accessory buildings: 15 feet with two combined side yards not less than 35 feet.
[2] 
Swimming pools: 10 feet.
(h) 
Maximum impervious coverage: 40%.
[Added 3-25-2014 by Ord. No. 4429-14]
(5) 
Other building lot standards.
(a) 
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b) 
Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or to requirements of this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c) 
Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 150 feet, a minimum lot depth of 190 feet and a minimum rear setback of 30 feet for principal and accessory buildings, except that swimming pools shall have a minimum rear and side setback of 10 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for cluster development.
[Amended 9-28-1994 by Ord. No. 3054-94]
(6) 
Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9 of this chapter.