Toms River City Zoning Code
§ 348-10.41
HB-MF Highway Business Multi-Family Zone
[Added 4-22-2026 by Ord. No. 4835-26]
A.
Purpose. It is the intent and purpose of this district, known as the HB-MF Highway Business Multi-Family Zone ("HB-MF"), to facilitate creation of inclusionary development that will diversify housing opportunities within the Township and satisfy a portion of the Township's Round 4 fair share obligation. This ordinance permits a mixed-use 20-unit inclusionary development in which 20%, or 4 affordable units, shall be set-aside as affordable units for very-low-, low- and moderate-income households.
B.
Conflicts.
(1)
To the extent there is a conflict between this section and any other section of the Township's ordinances, this section shall apply. When there is a conflict between the Township ordinances and the New Jersey Uniform Housing Affordability Controls standards (UHAC), the UHAC standards shall apply.
(2)
To the extent there is a conflict between this section and New Jersey Residential Site Improvement Standards (RSIS), RSIS standards shall apply.
C.
District area.
(1)
The district shall encompass the lands known as Block 796, Lot 3 on the official tax maps of the Township of Toms River.
D.
Permitted uses.
(1)
Permitted principal uses:
(a)
Multifamily units above ground-level retail and second-floor office uses (mixed use) permitted in § 348-10.26, Subsection A(1) through (4) with a maximum density of 20 units per acre. Multi-family units shall be subject to the affordable housing provisions of § 348-11.
(b)
Maximum of 16 market rate units.
(c)
Minimum of four affordable units.
(d)
All permitted principal uses listed under § 348-10.26A of the Township ordinance, unless otherwise specified in Subsection D as a use requiring a conditional use.
(2)
Required accessory uses.
(a)
Off-street parking subject to the provisions of § 348-8.20, except shared parking between retail/office uses in mixed-use developments shall be permitted as of right with a minimum of 1 parking space required per dwelling unit during business hours in addition to the commercial required spaces.
(b)
Off-street loading subject to the provisions of § 348-8.19.
(3)
Permitted accessory uses and structures.
(a)
Fences subject to the provisions of § 348-8.13.
(b)
Signs subject to the provisions of § 348-8.26.
(c)
Bulk storage subject to the provisions of § 348-8.6.
(d)
Other customary accessory uses and buildings which are clearly incidental to the principal use and building, Except § 348-8.28A for refuse areas shall conform with the setbacks noted in this ordinance for front setbacks and distance from property lines for refuse storage areas shall comply with the side yard setback.
(e)
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
(f)
Umbrellas subject to the provisions of § 348-8.36.
(g)
Tents subject to the provisions of § 348-8.37.
(h)
Electric vehicle charging and service equipment.
(4)
Conditional uses subject to the provisions of Article IX of this chapter.
(a)
Public utilities (§ 348-9.6).
(b)
Boatyards and marinas (§ 348-9.10).
(c)
Farmers' markets or auction markets (§ 348-9.20).
(d)
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.
E.
Area restrictions and regulations.
(1)
Overall tract requirements.
(a)
The maximum permitted residential density shall be 20 units.
(b)
Sidewalk with a width of four feet shall be provided along Rt.37.
(c)
Architectural elements such as bay or box windows, balconies, building offsets, variation of building materials, setbacks, colors, foundation plantings, textures and other architectural elements that achieve visual interest shall be considered and included in the project design.
(2)
Bulk requirements:
(a)
Minimum lot area: 15,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Minimum lot frontage: 100 feet.
(e)
Minimum front yard setback: 60 feet.
[1]
Parking areas, vehicular circulation aisles, and refuse storage areas: 25 feet fronting on Adams Avenue.
(f)
Minimum side yard setback: 15 feet.
[1]
Refuse storage areas: five feet (also pertains to other property lines, other than front yard setbacks).
(g)
Minimum rear yard setback: 60 feet.
(h)
Maximum building coverage: 20%.
(i)
Maximum impervious coverage: 80%.
(j)
Maximum building height: 45 feet/four stories.
(3)
Consistency with concept plan:
(a)
Residential development pursuant to the HB-MF Zone shall be generally consistent with the illustrative concept plan included herein.
(b)
§ 348-8.27I shall not apply. § 348-8.27A shall apply, except that, due to the property's dual frontage, a screened refuse area shall be permitted within the front yard setback along Adams Avenue, provided that no refuse area shall be located within the front yard setback along Route 37.
F.
Affordable housing requirements.
(1)
In accordance with the Fair Housing Act, and the Uniform Housing Affordability Controls (UHAC), a minimum of 20% of all residential dwelling units built within this district shall be set aside for very-low, low, and moderate income households. Should there be any conflict between the municipal ordinance and UHAC, the UHAC standard shall apply.
(2)
At least half of the affordable units shall be affordable to very-low- and low-income households; and the remaining affordable units shall be affordable to moderate-income households. The very-low-income units shall equal at least 13% of the total affordable units. A typical percentage of affordable housing units shall be 13% very low, 37% low and 50% moderate income units. The affordable units shall be located on site and shall be dispersed and integrated throughout the development in compliance with UHAC. The affordable housing shall be constructed in accordance with the affordable housing phasing schedule set forth in N.J.A.C. 5:97-6.4(d). Each affordable unit shall be deed-restricted to conform with the UHAC standards and shall be affirmatively marketed consistent with UHAC standards. No development fee shall be charged in addition to the set-aside requirement.
