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Toms River City Zoning Code

§ 348-10.26

HB Highway Business Zone.

A. 
Permitted uses. Uses within the following categories shall be permitted uses within the Highway Business Zone unless otherwise specified in Subsection D as a use requiring a conditional use.
(1) 
Retail and wholesale stores, shops and markets, provided that:
(a) 
All goods or products fabricated or processed incidental to such use shall be sold on the premises or distributed from the premises.
(b) 
Such fabricating or processing that is done on the premises shall not include a processing activity which would involve a physical or chemical process that would change the nature and/or character of the product and/or raw material.
(c) 
Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.
(2) 
Personal service establishments, such as but not limited to barbershops, beauty shops and tailoring and dressmaking shops.
(3) 
Business and professional offices and banks and fiduciary institutions.
(4) 
Restaurants, lunchrooms, bars and other eating and drinking establishments.
(5) 
New and used automobile and mobile home sales agencies.
[Amended 8-14-1991 by Ord. No. 2848-91]
(6) 
Art, dancing, music, gymnastics and other similar instructional schools.
(7) 
Schools for vocational instruction.
(8) 
Scientific or research laboratories devoted to research, design and/or experimentation, and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory activities or are otherwise permitted in this zone.
(9) 
Publication of newspapers and periodicals.
(10) 
The offices, showrooms, warehouses and garages of contractors in the building trade.
(11) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(11), which listed single-family, two-family and multifamily dwellings as permitted uses, was repealed 6-10-1985 by Ord. No. 2329-85.
(12) 
Federal, state, county and municipal buildings and grounds, including educational offices, but excluding schools.
[Amended 2-25-1997 by Ord. No. 3230-97]
(13) 
Essential services.
(14) 
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15) 
Shopping centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(16) 
Hotels and motels.
[Added 8-14-1991 by Ord. No. 2848-91]
(17) 
Motor vehicle service stations.
[Added 8-14-1991 by Ord. No. 2848-91]
(18) 
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(19) 
Motor vehicle repair garages.
[Added 8-14-1991 by Ord. No. 2848-91]
(20) 
Quasi-public, private club and commercial recreation areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(21) 
Churches and places of worship.
[Added 8-14-1991 by Ord. No. 2848-91; repealed 8-22-2017 by Ord. No. 4554-17; added 7-13-2021 by Ord. No. 4700-21]
(22) 
Mini warehouse facilities, including one dwelling unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
(23) 
Car washes.
[Added 12-9-2003 by Ord. No. 3843-03]
(24) 
Adult-care centers.
[Added 12-9-2003 by Ord. No. 3843-03]
(25) 
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
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) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
(6) 
Umbrellas subject to the provisions of § 348-8.36.
[Added 3-23-1982 by Ord. No. 2081]
(7) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
[Amended 2-8-1989 by Ord. No. 2633-89; 8-14-1991 by Ord. No. 2848-91]
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards and marinas (§ 348-9.10).
(3) 
Farmers' markets or auction markets (§ 348-9.20).
(4) 
Bulk storage of fuel, provided that the storage area is used solely in conjunction with a retail or wholesale outlet and the storage containers are built below the ground or in accordance with the regulations adopted by the State of New Jersey.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), Churches and places of worship, added 8-22-2017 by Ord. No. 4554-17, was repealed 7-13-2021 by Ord. No. 4700-21.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 100 feet.
(b) 
Corner lot: 150 feet on both streets.
(4) 
Minimum lot depth: 150 feet.
(5) 
Minimum front setback:
[Amended 4-26-1983 by Ord. No. 2168-83]
(a) 
Principal and accessory buildings: 60 feet; except that fronting on Fischer Boulevard: 35 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet fronting on Fischer Boulevard.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 20 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet with two combined side yards not less than 25% of the lot width, except that the combined side yards need not exceed 50 feet.
(b) 
Accessory buildings: 12 feet.
(8) 
Maximum building height:
[Amended 4-25-2001 by Ord. No. 3597-01; 8-14-2018 by Ord. No. 4597-18]
(a) 
Office buildings on properties fronting on Hooper Avenue: seven stories and 98 feet subject to the provisions of § 348-5.12.
(b) 
All other buildings: 45 feet subject to the provisions of § 348-5.12.22.
[Amended 2-26-2019 by Ord. No. 4622-19]
(9) 
Maximum lot coverage by buildings: 25%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10) 
Maximum impervious coverage: 80%.
[Amended 8-22-2017 by Ord. No. 4554-17]
F. 
Cross access easements. The Planning Board may require, as a condition of site plan approval, that the owner convey vehicular cross access easement(s) to adjacent properties located in the Highway Business Zone.
[Added 8-22-2017 by Ord. No. 4554-17]