Toms River City Zoning Code
§ 348-5.12
*Height limitations. 1
[Amended 9-25-1991 by Ord. No. 2859-91]
A.
No structure shall extend higher than the limit provided in each zone created hereunder for building height, except in nonresidential zones, elevated water towers, antenna towers or similar such structures for use by a public utility operating within the Township of Toms River subject to such structure not exceeding 100 feet in height and upon the issuance of conditional use permit by the Toms River Township Planning Board.
[Amended 5-13-1992 by Ord. No. 2911-92]
B.
Height limitations shall not apply to spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit. Exemptions from the height limitations regarding parapets, walls or cornices shall not apply to residential buildings unless retail or other permitted nonresidential uses occupy the entire street level floor of the building.
[Amended 12-26-2017 by Ord. No. 4569-17]
 Illustration of parapet wall extending above flat roof. |
C.
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that the same may exceed said height limitation by not more than 10 feet.
[Amended 3-10-2015 by Ord. No. 4476-15]
D.
Freestanding noncommercial radio and television antennas, flagpoles and windmills may exceed the height limits created hereunder by not more than 15 feet.
[Amended 2-9-1982 by Ord. No. 2068]
E.
Notwithstanding height limitations in any zone, a residential building which existed on or before October 28, 2012, that is located within a flood zone as shown on the most current Federal Emergency Management Agency (FEMA) advisory or final maps may be elevated to a greater height, subject to the following conditions:
[Added 4-9-2013 by Ord. No. 4397-13]
(1)
The residential building must maintain the same footprint that existed on or before October 28, 2012.
(2)
Changes to the number of usable floor levels, building area, or rooflines shall not be permitted.
(3)
A residential building located in a flood zone shall be permitted to be raised to the minimum allowable height to meet FEMA criteria. In an A Zone, this shall be one foot above the most current FEMA advisory or final base flood elevation level as measured to the lowest finished floor, not including basement floors and crawl spaces. In a V Zone, this shall be one foot above the most current FEMA advisory or final base flood elevation as measured to the lowest horizontal structural member. If a residential building elevated pursuant to this section is subsequently substantially destroyed or razed, then any new residential building must be constructed in accordance with the applicable height limitations for the zone in which the structure is located.