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Toms River City Zoning Code

§ 348-10.18.1

MF-8 Multifamily Zone.

[Added 4-16-1987 by Ord. No. 2481-87]
A. 
Permitted uses.
[Amended 4-11-1990 by Ord. No. 2729-90; 12-26-1991 by Ord. No. 2881-91; 12-27-2006 by Ord. No. 4064-06]
(1) 
Multifamily dwellings subject to the provisions of § 348-8.18 and as otherwise provided in § 348-10.18.1F. 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.
(2) 
Single-family dwellings.
(3) 
Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.
(4) 
Private and parochial schools not operated for profit.
(5) 
Essential services.
(6) 
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) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), 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 No. 2729-90, was repealed 11-26-2002 by Ord.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:
(a) 
Multifamily dwellings: four acres.
(b) 
Single-family dwellings: 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:
(a) 
Multifamily dwellings: 75 feet.
(b) 
Single-family dwellings: 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) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 15 feet.
[3] 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal buildings: 10 feet, with two combined side yards not less than 25 feet.
[2] 
Accessory buildings: 10 feet.
[3] 
Private swimming pool: 10 feet.
(8) 
Minimum unoccupied open space for multifamily dwellings: 30%.
(9) 
Maximum building height: 50 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, 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.[3]
[Amended 9-12-2000 by Ord. No. 3551-00; 12-27-2006 by Ord. No. 4064-06]
[3]
Editor's Note: Former Subsection E(10), regarding minimum gross habitable floor area requirements, which immediately followed this subsection, was repealed 12-23-2019 by Ord. No. 4652-19.
F. 
Multifamily densities. The number of bedrooms provided per dwelling unit has a direct effect on the density of a residential development in terms of the number of occupants and/or residents and consequently the number of automobiles likely to be owned and stored on the site. For this reason, the following densities are permitted:
[Amended 12-27-2006 by Ord. No. 4064-06]
(1) 
Multifamily dwellings may be developed at a density not to exceed 16 bedrooms per gross acre. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plans and building plans shall specify the location of each 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. Three bedroom units provided under the terms of Article XI for low- and moderate-income households shall not be included in the calculation of bedroom density.
(2) 
Multifamily dwellings limited to occupancy by families or individuals with the head of the household being 55 years of age or older may be developed at a density not to exceed 10 dwelling units per gross acre, and the number of off-street parking spaces provided shall not be less than 1 1/2 spaces per dwelling unit.