Toms River City Zoning Code
§ 348-10.9
R-150 Residential Zone.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for profit.
(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]
(6)
Age-restricted multifamily residential development at a maximum density of 8.0 units per acre and a maximum building height of 65 feet. The minimum lot size for such developments shall be 15 acres, and the site density may be increased to accommodate age-restricted housing pursuant to the provisions of § 348-10.7F(3) and (7). All affected contiguous lots shall be subject to site plan review and the identification of preserved open space resulting from such combined developments. In no event shall the total yield of such combined developments exceed 200 dwelling units, and such developments shall comply with the multifamily development standards set forth in § 348-8.18, except that buildings shall not be required to be more than 50 feet apart, building length shall not exceed 200 feet, distance between principal buildings and internal drives shall not be closer than five feet to any access drive or internal roadway, principal buildings shall not be closer than four feet to any parking area, and if a swimming pool is provided, the standard shall be four square feet per dwelling unit. A planted buffer a minimum of 20 feet in width shall be provided along all portions of the age-restricted multifamily residential development portion of the site that adjoins existing single-family dwellings. Such planted buffer shall meet the standards set forth in § 348-8.4B. Multifamily housing without an age restriction shall be permitted subject to all the standards set forth herein for age-restricted development, and subject further to a ten-percent reduction in permitted density, and subject further to an average of no more than two bedrooms per dwelling unit. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit. In the event such housing is developed outside of a center designated by the State Planning Commission through the plan endorsement process, the impervious coverage shall not exceed 30%.
[Added 12-27-2006 by Ord. No. 4064-06; amended 3-10-2009 by Ord. No. 4182-09]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 140 feet.
(5)
Minimum front setback: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 90 feet, a depth not less than 100 feet and an area not less than 12,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approved by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-150 Residential Zone.
(11)
Maximum impervious coverage: 50%.
[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 2.00 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:
(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 100 feet, a minimum lot depth of 140 feet and a minimum rear setback of 30 feet for all principal buildings and 20 feet for accessory buildings, except that in-ground swimming pools shall have a minimum rear setback of eight feet. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.