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Toms River City Zoning Code

§ 348-10.7

R-400C Conservation Residential Zone.

A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), which included federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(4) 
Essential services.
(5) 
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) 
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.
[Amended 12-26-1978 by Ord. No. 1801; 3-13-1979 by Ord. No. 1822; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No. 3009-93]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), which included churches and places of worship as conditional uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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) 
Home professional offices (§ 348-9.11).
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
Shopping centers (§ 348-9.16), provided that:
(a) 
The property has frontage on, and all access (ingress and egress) is from, New Jersey State Highway Route 37.
(b) 
In addition to the requirements of § 348-9.16, the site shall conform to the provisions of § 348-10.25B(2) and E(11).
(c) 
The minimum unoccupied open space required shall be 75% of the gross lot area, and at least 80% of the unoccupied open space provided shall conform to the requirements of § 348-8.9.
(d) 
The development shall conform to the requirements of § 348-5.30.
(7) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
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: 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]
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 30 feet.
(b) 
Private swimming pool: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(b) 
Private swimming pools: 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)[6]
[6]
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: 20%.
[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, except that clustering to provide age-restricted multifamily residential development shall be computed on the basis of 2.0 dwelling units 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; 3-28-1990 by Ord. No. 2725-90; 11-10-1992 by Ord. No. 2943-92; 12-27-2006 by Ord. No. 4064-06]
(4) 
Area, yard and setback requirements. The minimum building lot requirements for single-family residential cluster development shall be as follows:
[Amended 9-28-1994 by Ord. No. 3054-94; 12-27-2006 by Ord. No. 4064-06]
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 45 feet.
[2] 
Corner lot: 110 feet on both streets.
(c) 
Minimum lot width: 90 feet.
(d) 
Minimum lot depth: 135 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: 30 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal buildings: 15 feet
[2] 
Accessory buildings: 10 feet.
[3] 
Private swimming pools: 10 feet.
(h) 
Maximum impervious coverage: 50%.
[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 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 private swimming pools shall have a minimum rear 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.
(7) 
Age-restricted multifamily residential development shall be required to preserve as public open space or recreation dedicated to the Township of Toms River at least 75% of the land lying within the R-400C Conservation Residential Zone. Development of age-restricted multifamily residential development may be combined with contiguous lots of at least 15 acres that do not lie within the R-400C Zone, provided such contiguous lots lie within a zoning district that permits such development.
[Added 12-27-2006 by Ord. No. 4064-06]