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Toms River City Zoning Code

§ 348-5.5.1

*Decks. 1

[Added 5-28-2013 by Ord. No. 4403-13; amended 11-12-2013 by Ord. No. 4414-13; 11-25-2014 by Ord. No. 4467-14; 12-26-2017 by Ord. No. 4569-17; 2-23-2022 by Ord. No. 4733-22 ]
A. 
In addition to the provisions for decks that are found in § 348-5.5C and D of this chapter, a landing area at the top of stairs leading to an entry of the dwelling shall be permitted in the required yard area, subject to the following restrictions:
(1) 
The entry serves the first habitable floor.
(2) 
The total area of any landing serving a single entry shall not exceed 40 square feet.
(3) 
The landings and stairs shall be unroofed.
(4) 
The landings and stairs shall be no closer than three feet to any property line.
(5) 
The landings and stairs shall be no closer than 10 feet to any body of water.
B. 
A deck shall be permitted in the required front yard setback, provided it does not exceed the height of 12 inches and is located no closer than three feet to any property line.
C. 
Notwithstanding the provisions of § 348-5.5D, in the R-75, R-50, R-40A, R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5, R-B-6, and R-B-7 Zones, exclusively, landings and stairs, regardless of height, may extend into rear yard areas provided they are at least 10 feet from the water's edge or rear property line, whichever is greater.
D. 
A deck that requires railings shall have railings that are no higher than 42 inches, and that 2/3 of the area between the surface of the deck and the top cross member is open.
E. 
The installation of an under-deck drainage system such as TrexRainEscape® or equivalent under an elevated deck shall be considered the equivalent of an impervious deck surface such as fiberglass and such a deck shall be considered part of the impervious surface calculation as well as building coverage calculation to the same extent as covered porches or fiberglass decks. A zoning permit shall be required prior to the installation of such a system under an elevated open deck or clearly labeled on a plot plan that includes the proposed construction of an elevated deck that will include such a system.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.