Toms River City Zoning Code
§ 348-10.18
MF-16 Multifamily Zone.
[Amended 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No. 2389-86; 4-16-1987 by Ord. No. 2481-87]
A.
Permitted uses.
(1)
Multifamily dwellings at a density not to exceed 16 units per gross acre, subject to the provisions of § 348-8.18. However, where a lot to be developed consists of not less than 10,000 square feet up to and including not more than 10,890 square feet, a total of four multifamily dwelling units may be constructed on such lot. This provision is limited solely to a lot containing not less than 10,000 square feet nor more than 10,890 square feet. Otherwise, a lot containing any other dimensions shall be controlled by a calculation based upon 16 units per gross acre. All developments shall comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.
[Amended 12-26-1991 by Ord. No. 2881-91; 12-27-2006 by Ord. No. 4064-06]
(4)
Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses. garages and storage yards.
(5)
Private and parochial schools not operated for profit.
(6)
Essential services.
(7)
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]
C.
Permitted accessory uses.
E.
Area, yard and building requirements. Development shall be in accordance with § 348-8.18. In the event of conflict with the provisions of § 348-8.18, the provisions set forth here shall control.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(6)
Minimum rear yard setback:
(a)
Principal structures: 20 feet.
(b)
Accessory buildings: 15 feet, unless greater setback is required for buffer and screening strips.
(c)
Private swimming pools: 10 feet, unless greater setback is required for buffer and screening strips.
(d)
Parking areas: five feet, unless greater setback is required for buffer and screening strips.
(7)
Minimum side yard setback:
(a)
Principal structure: 20 feet.
(b)
Accessory buildings: 15 feet, unless greater setback is required for buffer and screening strips.
(c)
Swimming pools: 10 feet, unless greater setback is required for buffer and screening strips.
(d)
Parking areas: five feet, unless greater setback is required for buffer and screening strips.
(8)
Minimum unoccupied open space: 15%.
(9)
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.
F.
Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.
G.
Variable bulk plane setback. The vertical plane of the building at the front, rear or side setback lines shall not exceed an inclined line of 40° from the horizontal established from the center line of the road or from a point four feet onto adjacent property and four feet vertical, which point is presumed to be the mid-height of a window on an adjacent property.
H.
Garage and/or carport parking space shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it, which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.
I.
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection; shall not be part of, shall not restrict or occupy any parking aisle; shall not be located further than 300 feet from the entrance to any unit which it is intended to serve; and shall be screened in accordance with the requirements of § 348-8.27.
J.
Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dusk to dawn. Lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining properties.
K.
Recreation.
(1)
Passive recreation areas, such as pathways, seating areas and lawns, shall be provided and suitably arranged throughout any multifamily site.
(2)
If a swimming pool area or areas are to be installed, they shall include a pool of a size at least equivalent to 15 square feet per unit, provided that no pool less than 500 square feet shall be allowed, and no pool greater than 3,000 square feet shall be required. Suitable provisions for lavatories and storage shall be provided in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8.
L.
Building elevation break. Buildings shall have no more than two dwelling units in a line without setbacks and/or breaks in building elevation of at least five feet.
M.
Walkways. Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the Planning Board, shall be provided where normal pedestrian traffic is likely to occur.
N.
Internal roadways. Internal roadways shall be constructed in accordance with the standards for public streets in this chapter.
O.
Bedrooms. All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom.
P.
Parking. In addition to the requirements of § 348-8.20, two parking spaces shall be provided for the first bedroom of each unit plus an additional 1/2 parking space for each additional bedroom per unit thereafter. Computation for the satisfaction of this requirement shall be predicated on the total bedroom count for the complex rather than the individual units.