Toms River City Zoning Code
§ 348-10.23
VS Village Seaport Zone.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Office buildings for members of a recognized profession as herein defined.
(3)
Governmental and quasi-public uses, except maintenance garages and storage yards.
(4)
Art galleries and museums.
(5)
Antique and curio shops.
(6)
Offices of a business or public utility.
(7)
Shops of artisans or craftsmen.
(8)
The retail sale of goods, provided that the gross floor area devoted to any individual retail use shall not exceed 5,000 square feet.
[Amended 12-27-2006 by Ord. No. 4064-06]
(9)
Personal service establishments, such as barber-tailoring or shoe repair shops, but excluding self-service laundries, tattoo parlors and body piercing, provided that the gross floor area devoted to any such personal service use shall not exceed 2,000 square feet.
[Amended 12-27-2006 by Ord. No. 4064-06]
(10)
Restaurants.
[Amended 12-27-2006 by Ord. No. 4064-06]
(11)
Single- or multiple-family residences where such are part of a development that also includes nonresidential uses of the types otherwise permitted in the Village Seaport Zone, and further provided that:
[Amended 12-27-2006 by Ord. No. 4064-06]
(a)
The nonresidential uses shall occupy not less than 5,000 square feet of floor area and not less than 20% of the total floor area within the development.
(b)
Where nonresidential uses and residences are to occupy space in the same building, the nonresidential uses may only be located on the ground floor level.
(c)
Buildings or portions of buildings to be utilized for nonresidential uses shall be specifically designed for the type of nonresidential use proposed and shall be designed in a manner that would physically discourage conversion to residences.
(12)
Branch banks without drive-up facilities.
(13)
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]
(14)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15)
Churches and places of worship.
[Added 8-14-1991 by Ord. No. 2848-91]
(16)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(17)
Hotels and motels.
[Added 8-14-1991 by Ord. No. 2848-91]
(18)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(19)
Art, dancing, music, gymnastics and other similar instructional schools containing less than 2,000 square feet.
[Added 2-25-1997 by Ord. No. 3230-97]
(20)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
(21)
Brewpubs: microbreweries associated with a restaurant.
[Added 8-22-2017 by Ord. No. 4554-17]
(22)
Nano brewery.
[Added 8-22-2017 by Ord. No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(23)
Artisan distilleries.
[Added 8-22-2017 by Ord. No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20.
(2)
Off-street loading subject to the provisions of § 348-8.19.
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)
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(1), concerning churches and places of worship as a conditional use, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(15).
(2)
Public utilities (§ 348-9.6).
(3)
Marinas, but not boatyards (§ 348-9.10).
(4)
Hotels and motels (§ 348-9.15).
(5)
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(6)
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(7)
(Reserved)[4]
[4]
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.
(8)
Bed-and-breakfast establishments, subject to the provisions of § 348-9.30.
[Added 12-27-2006 by Ord. No. 4064-06]
(9)
Home professional offices, subject to the provisions of § 348-9.11.
[Added 12-27-2006 by Ord. No. 4064-06]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot frontage:
(a)
Interior lot: 75 feet.
(b)
Corner lot: 100 feet on both streets.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(6)
Minimum rear yard setback:
(a)
Principal buildings: 25 feet.
(b)
Accessory buildings: 15 feet.
(c)
Private swimming pools: 10 feet.
(7)
Minimum side yard setback:
(a)
Principal buildings: 15 feet.
(b)
Accessory buildings: 10 feet.
(c)
Private swimming pools: 10 feet.
(8)
Minimum setback from the Toms River: 50 feet.
(9)
Maximum lot coverage by buildings: 25%, excluding private and public garages.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 10%.
(11)
Maximum floor area ratio: 0.75, excluding floor areas of private and public garages.
(12)
Building height:
(a)
In the portion of this zone between Washington Street and a line parallel with and 350 feet south of Washington Street, no buildings shall exceed a height of 40 feet above ground level or exceed an elevation of 65 feet above mean sea level, whichever is greater.
[Amended 4-25-2001 by Ord. No. 3597-01]
(b)
In the portion of this zone between Water Street and a line parallel with and 350 feet south of Washington Street, no building shall exceed a height of 40 feet above ground level or exceed an elevation of 45 feet above mean sea level, whichever is greater.
[Amended 4-25-2001 by Ord. No. 3597-01]
(c)
In the portion of this zone south of Water Street, no building shall exceed a height of 35 feet above ground level or an elevation of 40 feet above mean sea level, whichever is greater.
[Amended 12-27-2006 by Ord. No. 4064-06; 2-26-2019 by Ord. No. 4622-19]
(13)
Minimum residential floor area:
Bedrooms | Square Feet |
|---|---|
1 | 860 |
2 | 960 |
3 | 1,060 |
4 | 1,160 |
(14)
Relationship of structures to the Toms River:
(a)
All uses other than single-family residences located on property abutting the Toms River shall provide, in a manner acceptable to the Planning Board, for reasonable public access to and along the waterfront and to adjacent properties along the waterfront.
(b)
All buildings constructed within the Downtown Service District shall be so located and so designed so as to minimize any obstruction to public view of the Toms River.
(c)
All building facades within the Downtown Service District which are visible from the Toms River shall be considered front building facades and shall be designed and constructed with an architectural treatment at least equivalent to the building facade facing a public street.
(d)
No buildings or structures shall extend into the vistas described below:
[1]
Within the triangular area formed by the three points described below, no building or structure shall extend above a plane passing through the elevations indicated for each of the following three points:
[a]
Point I: southeasterly corner of Lot 35, Block 658-1, at an elevation of four feet above existing grade.
[b]
Point II: southwesterly corner of Lot 1, Block 668, which is also the intersection of the easterly right-of-way line of New Jersey State Highway No. 166 with the bulkhead on the northerly bank of the north channel of the Toms River, at an elevation of four feet above existing grade.
[c]
Point III: a point along and four feet above the bulkhead on the northerly bank of the north channel of the Toms River at the intersection of an extension of a line drawn through the southeasterly corner of Lot 35, Block 658-1 (Point I above), and the southwesterly corner of Lot 26, Block 662.
[2]
Within the triangular area formed by the three points described below and the southerly boundary of Toms River Township, no building or structure shall extend above a plane passing through the elevations indicated for each of the following three points:
[a]
Point I (the apex of the triangular area): a point in the center line of Allen Street at the intersection of an extension of the southerly line of Lot 13, Block 664, at an elevation of four feet above existing grade.
[b]
Point II (a point in the easterly leg of the triangular area): the southwesterly corner of Lot 43, Block 669, at an elevation of 20 feet above mean sea level (MSL).
[c]
Point III (a point on the westerly leg of this triangular area): the southeasterly corner of Lot 46, Block 669, at an elevation of 20 feet above mean sea level (MSL).
F.
Architectural design. All building plans for the restoration of existing buildings or new development shall conform to the architectural guidelines prepared by the Site Plan Review Advisory Board and approved by the Planning Board.[5]
[5]
Editor's Note: Former Subsection G, Alternate regulations for restoration of existing buildings and/or new development, which immediate followed this subsection, was repealed 12-27-2006 by Ord. No. 4064-06.
