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Toms River City Zoning Code

§ 348-10.27

RHB Rural Highway Business Zone.

A. 
Permitted uses. Uses within the following categories shall be permitted uses within the Rural 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 financial 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Note: Former Subsection A(11), which listed single-family, two-family and multifamily dwellings as permitted uses, was repealed 6-11-1985 by Ord. No. 2329-85.
(12) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(12), which listed federal, state, county and municipal buildings and grounds, including educational offices and public schools, as permitted uses, as amended, was repealed 6-24-2014 by Ord. No. 4442-14.
(13) 
Essential services.
(14) 
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15) 
Medical service facilities, including but not limited to health care facilities, continuing-care retirement communities and developments and long-term residential health care facilities.
[Added 7-10-1991 by Ord. No. 2840-91]
(16) 
Shopping centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(17) 
Hotels and motels.
[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) 
Motor vehicle service stations.
[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 6-24-2014 by Ord. No. 4442-14; added 7-13-2021 by Ord. No. 4700-21]
(22) 
Quasi-public, private club and commercial recreation areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(23) 
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]
(24) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection A(24), which listed private and parochial schools not operated for profit as permitted uses, added 2-25-1997 by Ord. No. 3230-97, was repealed 6-24-2014 by Ord. No. 4442-14.
(25) 
Car washes.
[Added 12-9-2003 by Ord. No. 3843-03]
(26) 
Adult-care centers.
[Added 12-9-2003 by Ord. No. 3843-03]
(27) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection A(27), which listed certain multifamily and townhouse dwellings as permitted uses, added 12-27-2006 by Ord. No. 4064-06, as amended, was repealed 8-22-2017 by Ord. No. 4554-17.
(28) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection A(28), which listed certain single-family dwellings as permitted uses, added 9-28-2010 by Ord. No. 4297-10, was repealed 8-22-2017 by Ord. No. 4554-17.
(29) 
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) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
(6) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
[Amended 2-9-1982 by Ord. No. 2068; 11-25-1986 by Ord. No. 2452-86; 2-8-1989 by Ord. No. 2633-89; 7-10-1991 by Ord. No. 2840-91; 8-14-1991 by Ord. No. 2848-91]
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards and marinas (§ 348-9.10).
(3) 
Animal care facilities, other than veterinary clinics or hospitals.
[Amended 10-14-2014 by Ord. No. 4459-14]
(4) 
Farmers' markets or auction markets (§ 348-9.20).
(5) 
Billboards (§ 348-9.23) along the frontage of properties on U.S. Route No. 9 only.
(6) 
Bulk storage of fuel, provided that the storage area is used solely in conjunction with a retail or wholesale outlet and that the storage containers are built below the ground or in accordance with the regulations adopted by the State of New Jersey.
(7) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(7), regarding certain churches and places of worship, added 6-24-2014 by Ord. No. 4442-14, was repealed 7-13-2021 by Ord. No. 4700-21.
(8) 
Private and parochial schools not operated for profit on sites that are a minimum of 10 acres in size and have frontage on a street classified in the Traffic Circulation Element of the Master Plan as a major collector, minor arterial or major arterial roadway.
[Added 6-24-2014 by Ord. No. 4442-14]
(9) 
Multifamily and townhouse dwellings in accordance with the provisions of the MF-4 Multifamily Zone established by § 348-10.17.4, except that such uses shall only be permitted under the planned unit development standards established by § 348-9.24 and shall only be permitted on sites listed within the Housing Element and Fair Share Plan, adopted by the Planning Board on February 15, 2017, as follows:
[Added 8-22-2017 by Ord. No. 4554-17; amended 5-8-2018 by Ord. No. 4584-18]
(a) 
Block 164, Lot 7 (Site No. 32).
(b) 
Block 172, Lot 11.01 (Site No. 38).
(c) 
Block 145.01, Lot 1.02 (Site No. 45).
(d) 
Block 410.01, Lots 28, 29 and 42 (Site No. 47).
(e) 
Block 364, Lots 24, 26.01 and 65.01 (Site No. 49).
(10) 
Single-family dwellings in accordance with the provisions of the R-100 Residential Zone, except that such uses shall only be permitted under the planned unit development standards established by § 348-9.24.
[Added 8-22-2017 by Ord. No. 4554-17]
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage: 150 feet.
(4) 
Minimum lot depth: 200 feet.
(5) 
Minimum front setback.
[Amended 4-11-1990 by Ord. No. 2729-90]
(a) 
Principal and accessory buildings: 100 feet, except along Route No. 9, 120 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet, except along Route No. 9, 50 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 30 feet.
(7) 
Minimum side yard setbacks:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 feet.
(8) 
The maximum building height shall be determined as follows:
[Amended 11-25-1986 by Ord. No. 2452-86; 7-10-1991 by Ord. No. 2840-91; 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19; 10-13-2020 by Ord. No. 4680-20]
(a) 
Maximum building height for scientific or research laboratories or medical service facilities on tracts of five acres or greater: 45 feet plus an additional foot of height for every 10 feet of additional front setback from any street over the 100-foot minimum front yard setback to a maximum of 70 feet in height, subject to the provisions of § 348-5.12.
(b) 
Maximum building height for all other uses: 45 feet, subject to the provisions of § 348-5.12.
(9) 
Maximum lot coverage by buildings: 20%.
[Amended 11-25-1986 by Ord. No. 2452-86; 12-9-2003 by Ord. No. 3843-03]
(10) 
Maximum impervious coverage: 80%.
[Amended 12-26-2017 by Ord. No. 4569-17]
F. 
Planned unit development. In accordance with the regulations of this section, multifamily, townhouse and single-family residential uses may be developed only in combination with related commercial uses under the provisions set forth below. It is a requirement of this section that such residential uses are only permitted if developed as part of a planned unit development.
[Added 4-27-2010 by Ord. No. 4255-10; amended 9-28-2010 by Ord. No. 4297-10]
(1) 
Planned unit developments shall only be permitted on parcels having a minimum area of 20 acres. The nonresidential component of a planned unit development shall occupy a minimum of 50% of the total area of the site and shall consist of a minimum of 150 square feet of gross floor area for each dwelling unit in the planned unit development.
(2) 
All nonresidential uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4.
(3) 
Conditional uses listed in this district shall not be permitted in a planned unit development.
(4) 
The residential component of the planned unit development shall not exceed 50% of the total site area, and the number of dwelling units in the entire development shall not exceed the product of the land area of the residential component multiplied by the maximum density of the residential component of 7.2 units per acre. Wetland transition areas may be included in the calculation of allowable residential units, but wetland areas as regulated and defined by the New Jersey Department of Environmental Protection shall not be included in the calculation of allowable residential units.
(5) 
Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection F(4) above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings shall not be included in the overall calculation of average bedroom density.
(6) 
At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.
(7) 
In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. Construction permits shall not be issued for more than 80% of the total dwelling units in the planned unit development unless construction permits have been issued for at least 80% of the required nonresidential component of the development, as set forth in Subsection F(1) above.
(8) 
Open space, pedestrian, vehicular and bicycle networks shall be coordinated with the circulation and open space objectives of the Township, with particular attention given to areas that may lie in centers as may be designated by the State Planning Commission through the plan endorsement process.
(9) 
Building height may be increased to three stories, provided the density, impervious surface, floor area ratio and building coverage limitations established in this zoning district are not exceeded.
(10) 
A minimum of 15% of the residential component of the plan shall be set aside for open space. Open space to be created within the planned unit development shall be suitable for passive or active recreation uses and may include wetlands and forested areas that are valuable for the protection of the natural environment. Such required open space shall be located entirely within the residential component of the plan.
(11) 
Any development approval of a planned unit development by the approving authority shall contain a condition mandating a deed restriction to enforce the requirements set forth in this section.
G. 
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 Rural Highway Business Zone.
[Added 8-22-2017 by Ord. No. 4554-17]