Toms River City Zoning Code

Retail and wholesale stores, shops and markets, provided that:

Personal service establishments, such as but not limited to barbershops, beauty shops and tailoring and dressmaking shops.

Business and professional offices and banks and financial institutions.

Restaurants, lunchrooms, bars and other eating and drinking establishments.

New and used automobile and mobile home sales agencies.

Art, dancing, music, gymnastics and other similar instructional schools.

Schools for vocational instruction.

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.

Publication of newspapers and periodicals.

The offices, showrooms, warehouses and garages of contractors in the building trade.

Essential services.

Funeral homes, including one dwelling unit.

Medical service facilities, including but not limited to health care facilities, continuing-care retirement communities and developments and long-term residential health care facilities.

Shopping centers.

Hotels and motels.

Child-care centers.

Motor vehicle repair garages.

Motor vehicle service stations.

Quasi-public, private club and commercial recreation areas.

Mini warehouse facilities, including one dwelling unit.

Car washes.

Adult-care centers.

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 § 348-10.27.1G.

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 § 348-10.27.1G.

Veterinary clinics or hospitals.

Churches and places of worship.

Off-street parking subject to the provisions of § 348-8.20.

Off-street loading subject to the provisions of § 348-8.19.

Fences subject to the provisions of § 348-8.13.

Signs subject to the provisions of § 348-8.26.

Bulk storage subject to the provisions of § 348-8.6.

Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

Tents subject to the provisions of § 348-8.37.

Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.

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.

The temporary outdoor bulk storage of retail goods, which are available for sale may be permitted in front of a grocer or other retail store without the need to provide screening or a fencing blocking the goods from view. Such temporary storage areas shall be shown on an approved site plan and the size and location of such areas are subject to site plan approval.

Public utilities (§ 348-9.6).

Boatyards and marinas (§ 348-9.10).

Animal care facilities, other than veterinary clinics or hospitals.

Farmers' markets or auction markets (§ 348-9.20).

Billboards (§ 348-9.23) along the frontage of properties on U.S. Route No. 9 only.

(Reserved)[1]

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.

Minimum lot area: one acre.

Minimum lot width: 150 feet for commercial uses and 50 feet for residential uses, when done in connection with a PUD.

Minimum lot frontage: 150 feet for commercial uses and 50 feet for residential uses, when done in connection with a PUD.

Minimum lot depth: 200 feet.

Minimum front setback.

Minimum rear yard setback for principal and accessory buildings: 30 feet.

Minimum side yard setbacks:

Maximum building height: 40 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.

Maximum lot coverage by buildings: 20%.

Minimum unoccupied open space: 20%.

Maximum impervious surface coverage: 75%.

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 15% of the total area of the site.

All nonresidential and accessory 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. Buffers can be provided on either the residential side or the commercial side of the internal proposed uses of the PUD.

Conditional uses listed in this district shall not be permitted in a planned unit development.

The residential component of the planned unit development shall not exceed 85% of the total site area. 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, plus any applicable permitted rental bonus, but in no case shall it be less than 150 units. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit 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 administrative approval of the Planning Board prior to the issuance of a building permit. 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.

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 G(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.

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.

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. The phasing of the construction of the residential and nonresidential sections of the PUD will be set forth in a developer's agreement executed between the developer and the Township, but shall not be linked to the issuance of residential certificates of occupancy.

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.

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. Building length may be a maximum of 200 feet in length.

The 20% minimum open space requirement shall be applied to the overall PUD. Sections that have less than 20% unoccupied open space shall be compensated by other sections with greater than 20% unoccupied open space. Open space shall be created within the planned unit development suitable for passive or active recreation uses and may include wetlands bioretention basins, rain gardens and forested areas that are valuable for the protection of the natural environment. Stormwater management basins that are fenced or otherwise have no access for open space use and/or are not designed for water quality and planted with mixed vegetation to provide wildlife habitat or other environmental value are excluded from the usable open space calculation.

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.

For a proposed multifamily site, at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units, or an equivalent alternative utilizing a single trash compactor shall be required.

Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, and suitably arranged, throughout any multifamily site. In addition, an active recreation area or areas shall be provided at the rate of at least 30 square feet per dwelling unit. Active recreation areas, which may include clubhouses, shall be installed of a sufficient size and nature to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least 500 square feet. An auxiliary building or buildings providing for lavatories and storage, which may be located in the clubhouse, shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8 of this chapter.

Signage. Due to the size and nature of a property being developed as part of a PUD, it is recognized that reasonable signage shall be required in order to allow for development. As such, property being developed as part of a PUD shall be entitled to the same signage as if the property was located on New Jersey Route 37, east of the Garden State Parkway as set forth in § 348-8.26.

In the event of any discrepancy between this § 348-10.27.1 and other provisions of the Township ordinances with respect to density, signage, uses, bulk and area standards or any other provision, this PUD subsection shall control.