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Toms River City Zoning Code

§ 348-5.5

Yard areas.

A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C. 
*Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 36 inches may extend into any required side or rear yard. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 12 inches may extend into any required front yard. Notwithstanding the limitations set forth in this subsection, stairs and handicapped ramps may extend into the rear or one side yard, provided that a minimum of three feet of access remains in the other side yard.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 5-28-2013 by Ord. No. 4403-13]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*No structure shall be constructed closer than 20 feet to the water's edge of any stream, lake, lagoon or other body of water. In those zoning districts that have a required principal building setback that is less than 20 feet, the required setback from the water's edge shall be the required principal building setback or 10 feet, whichever is greater. This provision shall apply to both principal and accessory buildings and structures, but shall not apply to structures less than four feet in height or unroofed decks, porches and terraces less than four feet in height as measured to the top of the railing.[2]
[Added 6-13-1978 by Ord. No. 1759; amended 9-25-1991 by Ord. No. 2859-91; 5-28-2013 by Ord. No. 4403-13; 11-12-2013 by Ord. No. 4414-13]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
Additions or alterations to existing single-family dwellings that remain within the existing footprint of the enclosed roofed area shall be permitted, provided said additions or alterations do not violate any other requirements of this chapter and meet all front, side and rear yard setbacks for the additions or alterations.
[Added 2-9-1982 by Ord. No. 2068; amended 4-11-1990 by Ord. No. 2729-90; 12-18-2007 by Ord. No. 4123-07]
F. 
*Yard areas. Within any residential zone, no heating, ventilating and/or air-conditioning units, ducts, heaters, furnaces, well pumps or other aboveground mechanicals shall be placed within four feet of any property line or within any front yard setback, except that the setback for such mechanicals from a side or rear property line may be closer than four feet to a side or rear property line if the permitted side or rear yard setback for the principal building is less than four feet, but must not extend beyond the side or rear property line.[3]
[Added 6-11-1985 by Ord. No. 2329-85; amended 9-25-1991 by Ord. No. 2859-91; 9-24-1996 by Ord. No. 3196-96; 12-18-2007 by Ord. No. 4123-07; 12-26-2017 by Ord. No. 4569-17]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
G. 
Where a commercial use or structure is proposed to be constructed, expanded or otherwise altered which requires site plan approval pursuant to this chapter and such commercial use is situated in a commercial zoning district which abuts a residential zoning district, the minimum setback required of that yard in a commercial zoning district immediately abutting said residential zone shall be twice the minimum setback otherwise required by this chapter. These restrictions shall not apply to the GB Zone.
[Added 4-25-2006 by Ord. No. 4000-06; amended 12-18-2007 by Ord. No. 4123-07]