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Toms River City Zoning Code

§ 348-10.15

R-40A 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:
[Amended 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No. 2389-86]
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(6), 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 No. 2729-90, was repealed 11-26-2002 by Ord.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: 4,000 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(4) 
Minimum lot depth: 100 feet.
(5) 
Front yard setbacks.
[Amended 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95; 9-24-1996 by Ord. No. 3196-96; 5-28-2013 by Ord. No. 4403-13]
(a) 
Minimum front setback: 20 feet or 20% of lot depth, or the prevailing front setback, whichever is less.
[Amended 11-25-2014 by Ord. No. 4467-14; 8-22-2017 by Ord. No. 4554-17]
(b) 
(Reserved)
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 20 feet or 20% of lot depth, whichever is less, except that for lots having a depth of 70 feet or less, then the minimum rear setback shall be 20 feet or 20% of lot depth or the average rear setback of all principal buildings fronting on the same street and within the same block, whichever is less.
[Amended 2-22-1995 by Ord. No. 3084-95; 11-9-2004 by Ord. No. 3916-04; 5-28-2013 by Ord. No. 4403-13]
(b) 
Accessory buildings: eight feet.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[Added 5-28-2013 by Ord. No. 4403-13]
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: four feet with two combined side yards not less than 12 feet.
(b) 
Accessory buildings: four feet.
(c) 
Private swimming pools: four feet.
(d) 
Decks: decks greater than 36 inches in height, four feet with two combined side yards not less than 12 feet.
[Added 5-28-2013 by Ord. No. 4403-13]
(7.1) 
Maximum building coverage:
[Added 12-9-2003 by Ord. No. 3843-03; amended 10-26-2004 by Ord. No. 3909-04; 12-18-2007 by Ord. No. 4123-07; 3-25-2014 by Ord. No. 4429-14]
Lot Area
(square feet)
Coverage
(percentage)
Up to 2,000
47 1/2%
Over 2,000
950 square feet plus 25% of the lot area over 2,000 square feet
(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), Minimum gross habitable floor area, was repealed 11-9-2004 by Ord. No. 3917-04.
(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 of not less than 40 feet, a depth not less than 70 feet and an area not less than 4,000 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 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-40A Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than 40 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11) 
Maximum impervious coverage: two times permitted building coverage, not to exceed 90%.
[Added 3-25-2014 by Ord. No. 4429-14; amended 8-22-2017 by Ord. No. 4554-17[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection E(11), regarding erection of single-family dwellings and accessory structures on certain parcels, and renumbered Subsection E(12) as Subsection E(11).
(12) 
A minimum of two feet of pervious surface shall be provided along the side and rear lot lines, or in other similar locations subject to the approval of the Township Engineer. Exceptions can be made if the applicant's professionals can prove that the stormwater runoff will be maintained on site and handled using the best management practices as set forth by the New Jersey Department of Environmental Protection.
[Added 8-22-2017 by Ord. No. 4554-17; amended 11-12-2019 by Ord. No. 4649-19]
(13) 
Maximum floor area ratio: two times permitted building coverage, not to exceed 0.8.
[Added 3-25-2014 by Ord. No. 4429-14]