Toms River City Zoning Code
§ 348-10.40
EMF-23 Multifamily Zone.
[Added 4-22-2026 by Ord. No. 4834-26]
The goal of the EMF-23 zoning is to add inclusionary affordable housing with design elements similar to those of the existing housing developments in the zone.
A.
Permitted uses.
(1)
Multifamily dwellings at a density not to exceed 23.5 units per gross acre with 20% affordable set-aside for the entire site or amount agreed upon in court mediation or settlement agreements, subject to the provisions of § 348-8.18 and § 348-8.4, except none of the provisions shall be treated as variances but rather design waivers. Provision § 348-8.18M shall not apply when existing buildings do not include breaks. Provision § 8.18E shall not pertain so long as new buildings do not exceed the length of the existing building on-site, and no design waiver is required for existing conditions that are not exacerbated by new improvements.
(2)
Essential services.
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20 or 1.35 parking spaces per dwelling unit, whichever is less restrictive.
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 article.
(1)
Public utilities (§ 348-9.6).
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1.5 acres.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback shall be no less than the existing front setback of existing buildings located on the site, except parking may encroach onto front setback where it has existed in the past.
(6)
Minimum rear setback shall be no less than the existing rear setback of existing buildings located on the site.
(7)
Minimum side setback shall be no less than the existing side setbacks of existing buildings located on the site.
(8)
Minimum unoccupied open space for multifamily dwellings: 20%. Open space may be spread throughout the site.
(9)
Maximum building height shall not exceed 40 feet with three stories, as measured either in feet or in floor levels above the grade level as determined by the average grade elevation at the corners of the building, whichever is more restrictive.
