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Toms River City Zoning Code

§ 348-10.12

R-90 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]
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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
Multifamily dwellings (§ 348-9.2) only in that portion of the R-90 Zone located south of River Terrace, west of the Toms River and east of the block limit line separating Block 533.01 from Block 538.
[Added 5-23-1978 by Ord. No. 1750; amended 9-28-2001 by Ord. No. 3632-01]
(a) 
This conditional use is designated in recognition of the unique topographical and locational features of the subject property which makes it suitable for multifamily development but which requires special protection of the existing residential development and minimization of the use of the existing local roadways for access to a multifamily development.
(b) 
The following regulations shall apply in addition to and shall govern if and where in conflict with § 348-8.18 or other provisions of this section:
[1] 
Maximum density: eight dwelling units per acre.
[2] 
Minimum lot area: 10 acres.
[3] 
Minimum front setback:
[a] 
Principal and accessory buildings: 75 feet.
[b] 
Parking areas: 20 feet.
[4] 
Minimum side and rear setbacks:
[a] 
Principal and accessory buildings: 50 feet.
[b] 
Parking areas: 20 feet.
[5] 
Maximum lot coverage by buildings: 15%.
[Amended 12-9-2003 by Ord. No. 3843-03]
[6] 
Minimum unoccupied open space: 30%.
[7] 
Any multifamily development within this area shall be designed to minimize the use of Gem Avenue as access to the multifamily area and shall provide direct vehicular traffic access to the existing multifamily development located to the east of Gem Avenue.
[8] 
Not less than 10% of the lot area of any multifamily development within this area shall be developed for recreational use and shall be made available for the use of the general public.
(7) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(7), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(8) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(8), 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.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 9,000 square feet.
(2) 
Minimum lot width: 75 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 110 feet on both streets.
(4) 
Minimum lot depth: 120 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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 10 feet with two combined side yards not less than 25 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 feet.
(7.1) 
Maximum building coverage: 30%.
[Added 12-9-2003 by Ord. No. 3843-03; amended 3-25-2014 by Ord. No. 4429-14]
(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.
(9) 
(Reserved)[3]
[3]
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) 
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 75 feet, a depth not less than 100 feet and an area not less than 7,500 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 approval 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-90 Residential Zone, except that corner lots may have a reduced lot frontage on both streets of not less than 100 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11) 
Maximum impervious coverage: 60%.
[Added 3-25-2014 by Ord. No. 4429-14]
(12) 
Maximum floor area ratio: 0.6.
[Added 3-25-2014 by Ord. No. 4429-14]