ACCESSORY USE OR BUILDING - A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot except that any initial structure constructed upon a parcel of land or a building containing living space shall never be considered an "accessory building." [Amended 2-22-1995 by Ord. No. 3084-95]

ADMINISTRATIVE OFFICER - The Planning Board Administrator for matters under the jurisdiction of the planning Board; the Zoning Officer for matters under the jurisdiction of the Zoning Board of Adjustment and the Township Clerk for matters under the jurisdiction of the governing body.

ADULT-CARE CENTER - A nonresidential facility maintained for the care, development and/or supervision of persons age 18 or older. [Added 9-24-1996 by Ord. No. 3196-96]

AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT - A multifamily residential development created to provide housing opportunities for low- and moderate-income senior citizens. At least one member of the household which qualifies for the low- or moderate-income status must be at least 55 years of age or older. [Added 2-13-2002 by Ord. No. 3665-02]

ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

ALTERNATIVE LIVING ARRANGEMENT - A structure in which households live in distinct rooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement for the purpose of this chapter shall be limited to residential health-care facilities as regulated by the New Jersey Department of Health, group homes for the developmentally disabled and mentally ill as licensed and regulated by the New Jersey Department of Human Services, and congregate living arrangements. [Added 2-13-2002 by Ord. No. 3665-02]

ANIMAL CARE FACILITY - Veterinary clinics, hospitals, boarding and training kennels, pounds and similar facilities operated either as commercial facilities or on a nonprofit or philanthropic basis. Commercial animal grooming businesses shall not be considered "animal care facilities." [Amended 2-22-1995 by Ord. No. 3084-95]

ANIMATED SIGN - A sign which utilizes motion of any part by mechanical means or displays flashing, oscillatory or intermittent lights or appears to move due to movement of the viewer.

APARTMENT - The same as "dwelling unit."

APARTMENT HOUSE - The same as "dwelling, multiple."

APPLICANT - A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291.

AUCTION MARKET - Any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.

AUTOMOBILE REPAIR SHOP - The same as "motor vehicle repair garage."

AUTOMOBILE SALES AGENCY - A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.

AUTOMOBILE SERVICE STATION - The same as "motor vehicle service station."

BANNER - A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.

BASE FLOOD ELEVATION - The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.

BASEMENT - A story partly underground and having more than of its height above the average level of the finished grade at the front of the building.

BILLBOARD - A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.

BOARDING- OR LODGING HOUSE - Any dwelling for hire in which more than two persons are housed or lodged, with or without meals.

BOARD OF ADJUSTMENT - The Board established pursuant to Section 56 of P.L. 1975, c. 291 4 The term "Board of Adjustment" as used in this chapter also means the Planning Board when it is acting pursuant to Section 47 of P.L. 1975, c. 291

BOARD OF ADJUSTMENT ENGINEER - The licensed New Jersey professional engineer specifically retained by the Board of Adjustment, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Board of Adjustment Engineer, the Township Engineer may assume the duties of the office.

BOATYARD - Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.

BOX SIGN - A sign, the face of which is enclosed with a box-like structure.

BUILDABLE AREA - That central portion of any lot between required yards and/or setback lines.

BUILDING - Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING AREA - The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory building, exclusive of unroofed porches, terraces or steps having vertical faces, which at all points are less than three feet above the level of the ground.

BUILDING HEIGHT - The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; and to the deck line for mansard roofs.

BUILDING LINE (SETBACK LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.

BUILDING PERMIT - A permit issued for the alteration or erection of a building or structure in accordance with the provisions of Chapter 252, Construction Codes, Uniform, of the Code of the Township of Dover.

BUILDING PRINCIPAL - A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.

BULK STORAGE - The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies,' metal, concrete and insulation.

BUSINESS OFFICE - A business establishment, including but not limited to offices of insurance agents, real estate brokers or travel agents, which does not offer a product or merchandise for sale to the public but which offers a service to the public. However, personal services, such as barber, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office." [Amended 6-13-1990 by Ord. No. 2748-90]

CAPITAL IMPROVEMENT - A governmental acquisition of real property or a major construction project.

CARPORT - A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.

CELLAR - A story wholly or partly underground and having more than of its clear height below the average level of the adjoining ground.

CERTIFICATE OF COMPLETENESS - A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.

CERTIFICATE OF NONCONFORMANCE - A certificate issued by the Administrative Officer for a use, building, structure or lot in existence at the time of passage of this chapter which is not in conformance with the provisions of this chapter.

CERTIFICATE OF OCCUPANCY - A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.

CHURCH - A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and other similar designations, as well as parish houses, convents and such accessory uses.

CHILD-CARE CENTER - A nonresidential facility maintained for the care, development or supervision of children. [Added 3-12-1996 by Ord. No. 3164-96; amended 9-24-1996 by Ord. No. 3196-96]

CIRCULATION - Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points .

CLINIC MEDICAL AND/OR DENTAL - A building or buildings designed and/or used for the treatment of nonresident patients operated by or in conjunction with a medical school, hospital, health maintenance organization or insurance company or by a business for its employees and their families. [Added 9-24-1996 by Ord. No. 3191 96]

COMMON OPEN SPACE - An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED - Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), and shall include but shall not be limited to group homes, halfway houses, supervised apartment living arrangements and hostels. [Added 12-26-1978 by Ord. No. 1801]

COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE - Any shelter providing food, shelter, medical care, legal assistance, personal guidance and any other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance to protect their physical or psychological welfare. Such shelters shall be certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337? [Added 4-11-1990 by Ord. No. 2729-90]

COMPLETE APPLICATION - An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.

CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONTINUING-CARE RETIREMENT COMMUNITY - A parcel of land developed as a comprehensive and integrated system providing housing and services for extended durations combining independent living accommodations and other housing types, including health care beds, and including the provision of recreational, social, health care and dietary as well as security services intended for the age-eligible residents and other users of such a facility or development and their guests. [Added 7-10-1991 by Ord. No. 2840-91]

CONVENTIONAL - Development other than planned development.

CORNER LOT - A lot fronting on two or more streets at their intersection.

CORPORATE PARK - A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased. [Added 11-24-1998 by Ord. No. 3386-98]

COUNTY MASTER PLAN - A composite of the Master Plan for the physical development of Ocean County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.7.S.A. 40:27-2 and 40:27-4.

COUNTY PLANNING BOARD - The Planning Board of the County of Ocean.

COURT - An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.

COVERAGE - The same as "lot coverage by buildings." [Amended 12-9-2003 by Ord. No. 3843-03]

CURB LEVEL - The officially established grade of the curb in front of the midpoint of the front lot line.

DAYS - Calendar days.

DAY NURSERY - A facility designed to provide daytime care for children age six and under. [Added 3-12-1996 by Ord. No. 3164-96]

DAYTIME - The hours after 7:00 in the morning and before 6:00 in the evening. [Added 3-12-1996 by Ord. No. 3164-96]

DENSITY - The permitted number of dwelling units per gross area of land to be developed. See "residential density, gross." [Amended 6-11-1985 by Ord. No. 2329-85]

DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.

DEVELOPMENT - The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENTALLY DISABLED - Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services. [Added 12-26-1978 by Ord. No. 1801]

DEVELOPMENT PERMIT - A document signed by the Administrative Officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.

DEVELOPMENT REGULATION - This chapter, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291.

DIRECTIONAL SIGN - A sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size requirements of this chapter.

DISTRICT - Any part of the territory of Dover Township which is designated on the accompanying Zoning Map and to which certain uniform regulations and requirements of this chapter apply.

DIVISION - The Division of Stale and Regional Planning in the New Jersey Department of Community Affairs.

DRAINAGE RIGHT-OF-WAY - The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRIVE-IN RESTAURANT - The same as "restaurant, drive-in."

DWELLING - Any building or portion thereof designed or used exclusively for one or more dwelling units.

DWELLING UNIT - A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors, and with an independent means of access. [Amended 2-22-1995 by Ord. No. 3084-95]

DWELLING SINGLE-FAMILY - A building designed for or containing one dwelling unit.

DWELLING TWO-FAMILY - A building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors. [Amended 2-22-1995 by Ord. No. 3084-95]

DWELLING MULTIPLE - A building designed for or containing three dwelling units which are entirely separated from each other by vertical walls or horizontal floors. [Amended 2-22-1995 by Ord. No. 3084-951

DWELLING EFFICIENCY APARTMENT - An apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.

DWELLING ONE-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

DWELLING TWO-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

DWELLING THREE-BEDROOM APARTMENT - An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.

DWELLING TOWNHOUSE - A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

       **Webmasters Note: The above definition has been added as per Ordinance No. 4064-06

EASEMENT - The right of the Township, county, state, sewerage authority or other public or quasi-public agency or their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.

EDUCATIONAL USE - Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.

ENVIRONMENTAL COMMISSION - A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-I et seq.).

EROSION - The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICES - Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits and cables; and including normal aboveground appurtenances, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 4173-09, which repealed Ordinance No. 4127-08.

ESTABLISHMENT - The primary activity, under one proprietorship, of a parcel or building or a section thereof.

EXEMPT DEVELOPMENT - That site plan and/or subdivision approval shall not be required for the following:

       A. Construction, additions or alterations related to single-family detached or two-family detached dwellings on individual lots.

       B. Interior alterations which do not increase the required number of off-street parking spaces.

       C. Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.

       D. Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding 1510 of the amount existing at the time of passage of this chapter. or as set forth at the time of a previous site plan approval.

       E. Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel-oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Dover Township Bureau of Fire Prevention.

       F. The construction or alteration of or addition to an off-street parking area which provides an increase of five or fewer vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter, except in conjunction with or subsequent to any condemnation or taking proceeding. [Amended 4-11-1990 by Ord. No. 2729-90; 5-13-1992 by Ord. No. 2911-92]

       G. Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.

       H. Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory uses or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.

       I. Erection of a tent in any zone where tents are a permitted accessory use for 30 days or less and not more than twice per calendar year. [Added 4-11-1990 by Ord. No. 2729-90]

       J. Modification to site to improve handicap accessibility not involving additional building area. [Added 2-22-1995 by Ord. No. 3084-95]

       K. Installation of solid waste storage container(s) and enclosure(s) conforming to the requirements of § 348-8:27, Solid waste storage, and subject to compliance with any prior development approvals. [Added 2-22-1995 by Ord. No. 3084-95]

       L. TEMPORARY OUTDOOR DISPLAY OF GOODS FOR SALE in accordance with Section 348-5.20.

       **Webmasters Note: The previous subsection has been added as per Ordinance No. 4097-07.

FAIR SHARE HOUSING DEVELOPMENT [Added 1-26-1988 by Ord. No. 2539-88; amended 12-26-1991 by Ord. No. 2881-91] - (Reserved)

FAMILY - One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FARM - Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock, poultry or dairy products.

FARM BUILDING - Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.

FARMERS' MARKET - A commercial business or cooperative gathering primarily for the display and sale of locally grown produce.

FENCE - An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials. For the purpose of this chapter, railings on decks and porches shall be considered "fences." [Amended 5-13-1992 by Ord. No. 2911-92]

FENCE OPEN - A fence in which of the area between grade level and the top cross member (wire, wood or other material) is open.

FINAL APPROVAL - The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.

FINAL PLAT - The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the .provisions of this chapter.

FLOODPLAIN, FLOODWAY AND FLOOD HAZARD AREA - The same as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Dover.

FLOOR AREA - The sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the center line of walls common to two dwelling units or uses. For nonresidential uses, "floor areas" shall include basements, cellars and storage areas.

FLOOR AREA RATIO - The sum of the area of all floors of buildings or structures compared to the total area of the site. [Amended 6-11-1985 by Ord. No. 2329-85]

GARAGE - A building or structure intended or suitable for the storage of motor-driven vehicles.

GARAGE PRIVATE - A garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE PUBLIC - A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage.

GAS STATION - The same as "motor vehicle service station."

GOLF COURSE - An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the golf course.

GOVERNING BODY - The Township Committee of the Township of Dover.

GRADE FINISHED - The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.

GROSS FLOOR AREA - The same as "floor area."

GROSS HABITABLE FLOOR AREA - The sum of the gross horizontal areas of the floor or several floors of a dwelling, measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches or greater, but not including any unfinished cellar or basement or any garage space, breezeway, interior patios, enclosed porches or accessory building space.

GROUND LEVEL - The lowest elevation existing or proposed, within one foot of the proposed area of construction. [Added 4-11-19)0 by Ord. No. 2729-90]

GROUND SIGN - A self-supporting sign connected to the ground and independent of any other structure.

GROUNDWATER REMEDIAL ACTION [Added 9-24-199fi by Ord. No. 3196-96] The removal or abatement of pollutants in groundwater and includes dewatering, activities performed in connection with the removal or replacement of underground storage tanks, as defined in N.J.S.A. 58:10A-22, except that as used herein underground storage tanks shall include:

       A. Farm underground storage tanks with a capacity of 1,100 gallons or less used for the noncommercial storage of motor fuels;

       B. Underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and

       C. Underground storage tanks used to store heating oil for on-site consumption in a residential building.

HABITABLE FLOOR AREA - The same as "gross habitable floor area."

HEALTH CARE FACILITY - The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, ihjury, deformity or physical condition, including but not limited to general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for the sheltered care of adult persons, bioanalytical laboratory (except as specifically excluded hereunder) or central services facility wherein one or more such institutions but excluding institutions that provide healing solely by prayer and institutions defined as "residential health care facilities," as defined herein, and excluding such bioanalytical laboratories as are independently owned and operated which are not owned, operated, managed or controlled, in whole or in part, directly or indirectly by any one or more health care facilities and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey in which solicit or accept specimens and operate predominantly in interstate commerce. [Added 12-26-1978 by Ord. No. 1801; amended 7-10-1991 by Ord. No. 2840-91]

HELIPORT - A landing place for helicopters. [Added 8-12-1997 by Ord. No. 3277-97]

HISTORIC SITE - Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of Dover Township, Ocean County, the State of New Jersey or the nation and has been so designated pursuant to P.L. 1975, c. 291.

HOME OCCUPATION - Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watchmaking, electrical and radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.

HOME PROFESSIONAL OFFICE - Any professional office conducted entirely within the. dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.

HOSPITAL - A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.

HOTEL - A building which contains 10 or more units of dwelling space and which is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient guests.

       **Webmasters Note: The previous definition has been amended as per Ordinance No. 4164-08.

IMPERVIOUS SURFACE - Any material that prevents or significantly impedes absorption of stormwater in the ground. [Added 6-9-2004 by Ord. No. 3880-04]

IMPROVED STREET - A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by Dover Township, Ocean County or the State of New Jersey.

INDOOR RECREATION FACILITY - A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities. [Added (-9-2004 by Ord. No. 3880-04]

INDUSTRIAL PARK - A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.

INSTRUCTIONAL SCHOOLS - A school designed to provide instruction in a limited area of vocational, artistic, recreational or business purposes, including but not limited to art, dancing, music, gymnastics, martial arts and/or computer/secretarial skills. [Added 3-12-1996 by Ord. No. 3164-96]

INTERESTED PARTY - In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire or enjoy property are or may be affected by any action taken under this chapter and/or pursuant to the provisions of P.L. 1975, c. 291, or whose rights to use, acquire or enjoy property under the provisions of P.L. 1975, c. 291, or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

INTERIOR OR INSIDE LOT - A lot bounded by a street on one side only.

INTERIOR STREET OR ROAD - A street or road that is developed wholly or within a parcel under one ownership and meeting all Township standards.

ITEM OF INFORMATION A. As applied to a sign:

       (1) A word, abbreviation, initial or the name of the establishment or proprietor up to a limit of seven words.

       (2) A number, trademark or symbol if without lettering; if it contains lettering, see below; a telephone number or zip code shall be considered a single item.

       (3) An illustration or design element and each broken plane of a sign, if there is more than one.

       B. The following shall not constitute an "item of information":

       (1) The second, third, fourth, fifth, sixth and seventh words of the name of the establishment.

       (2) Lettering four inches or less in height.

       (3) Letters or numbers carved into or applied in such a way that they are an architectural detail of a building, provided that they are not illustrated apart from the building, are not made of reflecting materials and do not contrast sharply in color with the building.

       (4) The trademark or symbol itself if it incorporates lettering larger than four inches; provided, however, that the words which are a part of the trademark are counted as "items of information."

       (5) Directional signs.

       (6) Street numbers.

JUNKYARD - Any lot or portion thereof used for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery or parts thereof. The term "junkyard," as herein defined, includes automobile wrecking yards. Any person, firm or corporation who shall permit the storage or keeping of more than one inoperative or abandoned vehicle, items of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a "junkyard."

LAND - Includes improvements and fixtures on, above or below the surface.

LIGHT MANUFACTURING - The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

LIVESTOCK - All animals kept or raised for profit-making purposes, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.

LOADING SPACE - An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.

LOCAL COLLECTOR STREET - An existing or proposed street classified as a local collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for local collector streets in this chapter.

LOCAL STREET - An existing street classified as a local street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for local streets in this chapter.

LONG-TERM RESIDENTIAL HEALTH CARE FACILITIES - The facility or institution, whether public or private, engaged principally in providing shelter, health maintenance and monitoring services. Provided are living units which may be of independent, semi-independent or health care bed types, as well as variable levels of personal assistance, recreational, social, dietary and health care services. Included within this category are congregate care housing, assisted living facilities, multilevel facilities, extended care facilities, skilled nursing homes, nursing homes and intermediate care facilities. [Added 7-10-1991 by Ord. No. 2840-91]

LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA - The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of the lot included in a street right-of-way, including road widening easements, shall not be included in calculating lot area, Portions of lots encumbered by easements except as noted shall be included in calculating lot area. Portions of lots below the mean high-water line shall not be considered in any lot area, frontage, width, depth or yard area calculation. [Amended 11-10-1992 by Ord. No. 2943-92; 9-24-1996 by Ord. No. 3196-96]

LOT COVERAGE BY BUILDINGS - The area of a lot covered by buildings and structures and expressed as a percentage of the total lot area. [Amended 12-9-2003 by Ord. No. 3843-03]

LOT DEPTH - The mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines; in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only. [Amended 12-9-2003 by Ord. No. 3843-03]

LOT FRONTAGE - The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom.

LOT LINE - Any line designating the extent or boundary of a lot which shall further be defined as follows:

       A. FRONT LOT LINE - A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.

       B. REAR LOT LINE - The lot line most distant and generally opposite and parallel to the front lot line. (See § 348-5.6C, D and E.)

       C. SIDE LOT LINE - Any lot line other than a front or rear lot line. (See § 348-5.6C, D and E.)

LOT WIDTH - The shortest distance between the side lot lines measured through the midpoint of a line parallel to the front lot line or street line located at a distance from the street line (or front lot line) equal to 1/2 the required lot depth or 1/2 the actual lot depth, whichever is less. On corner lots, one front lot line shall be considered a side lot line for the purpose of determining lot width only.

MAINTENANCE GUARANTY - Any security which may be accepted by the municipality for the maintenance of any improvements required by development regulations, including but not limited to surety bonds, letters of credit pursuant to N.J.S.A. 40:55D-53 and cash. [Amended 5-13-1992 by Ord. No. 2911-92]

MAJOR COLLECTOR STREET - An existing or proposed street classified as a major collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for major collector streets in this chapter.

MAJOR SITE PLAN - Any site plan not classified as a minor site plan or exempt site development.

MAJOR SUBDIVISION - Any subdivision not classified as a minor subdivision.

MANUFACTURING - The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MARINA - Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of two or more berthing spaces to other than the residents of the property contiguous to same shall be deemed to constitute a marina, and same shall conform to all provisions of this chapter pertaining to marinas.

MASTER PLAN - A composite of one or more written or graphic proposals for the development of Dover Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291.

MAXIMUM LOT COVERAGE BY BUILDINGS - The area of a lot covered by buildings and structures, with the exception of residential decks less than 36 inches above grade and pools, and expressed as a percentage of the total lot area. [Added 12-9-2003 by Ord. No. 3843-03]

MAYOR - The Chairman of the Township Committee of the Township of Dover.

MENTALLY ILL PERSON - A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity. [Added 12-26-1978 by Ord. No. 1801]

MINING - Cumulative removal of more than 1,500 cubic yards of material from any site, which removal is not in conjunction with a site plan or subdivision approved by the appropriate municipal, county and state agencies. [Added 8-23-1983 by Ord. No. 2195-83]

MINI WAREHOUSE - A commercial facility which primarily provides storage space accommodations within enclosed building(s) for use by the public, including businesses, on a rental basis. The facility may contain one dwelling unit only for the sole occupancy by the caretaker of the facility and may include areas reserved for the storage of operable, registered and insured motor driven vehicles, displaying Department of Motor Vehicles (DMV) plates, including boats and trailers. For the purpose of this chapter, the storage of bulk goods and materials used in the fabrication, assembly, processing or manufacturing, including hazardous, toxic and corrosive materials, will not be considered mini warehousing. [Added 7-8-1997 by Ord. No. 3271-97]

MINOR ARTERIAL - An existing or proposed street classified as a minor arterial on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for minor arterials in this chapter.

MINOR COLLECTOR STREET - An existing or proposed street classified as a minor collector street on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for minor collector streets in this chapter.

MINOR SITE PLAN - A development for which site plan approval is required and for which the following conditions have been met: [Amended 2-9-1982 by Ord. No. 2068]

       A. The construction of drainage facilities is not required.

       B. Exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 2,000 square feet of gross floor area or 5% of the gross floor area of the existing building, whichever is greater.

       C. The proposed development does not increase the parking requirements by more than 50 spaces or increase the existing parking by more than 5%, whichever is greater.

       D. The site plan conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.

MINOR SUBDIVISION - Any subdivision resulting in not more than four lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met: [Amended 2-9-1982 by Ord. No. 2068]

       A. That curbs and sidewalks have been installed or that the developer agrees to install and post performance guaranties for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.

       B. That the subdivision does not require the extension of municipal facilities at the expense of the municipality.

       C. That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.

       D. That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.

       E. That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter.

       F. (Reserved)

       G. That no portion of. the lands involved have constituted a part of a minor subdivision within two years preceding the application.

       H. That the subdivision conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.

       The Planning Board may classify consolidations of lots and resubdivisions to readjust lot lines as "minor subdivisions" regardless of the number of lots involved.

MOBILE HOME - A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its use as a residence, office, business or for storage. This term shall also include trailers, automobile trailers, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, excepting therefrom travel trailers, which are under eight feet in width and under 28 feet in length, and which are not used for purposes of day-to-day habitation.

MOBILE HOME PARK - Land and premises upon which two or more mobile homes occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and courts.

MOTEL MOTOR COURT AND MOTOR HOTEL - A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.

MOTOR VEHICLE REPAIR GARAGE - A building or portion of a building in which auto body work or the overhauling or replacement of engines or major components is conducted as a business for profit. Such uses may include those uses set forth in the definition of motor vehicle service stations. [Amended 4-11-19')0 by Ord. No. 2729-90]

MOTOR VEHICLE SERVICE STATION - Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories. Such use may include facilities for lubricating, washing or servicing of motor vehicles. Such use shall not include any auto body work of any nature. [Amended 6-11-1985 by Ord. No. 2329-85]

MUNICIPAL AGENCY - The Planning Board or Board of Adjustment or governing body of the Township of Dover when acting pursuant to P.L. 1975, c. 291,13 and this chapter.

MUNICIPALITY - The Township of Dover.

NAMEPLATE SIGN - A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

NONCONFORMING BUILDING - A building existing at the date of the passage of this chapter which, in the design or location upon a lot, does not conform to the regulations of this chapter for the district in which ii is located.

NONCONFORMING LOT - A lot existing at the date of the passage of this chapter, which does not meet the minimum dimensions or area requirements for the zone in which it is located.

NONCONFORMING USE - A use which occupied a building or land at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is located according to this chapter.

NONRESIDENTIAL - A structure, building, etc., in which there will be no persons residing/living for a continuous period of habitating in a nontransient manner. [Added 9-24-1996 by Ord. No. 3196-96]

NURSERY - A place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.

NURSERY SCHOOL - A school designed to provide daytime care or instruction of two or more children age six and under. [Amended 3-12-1996 by Ord. No. 3164-96]

OCCUPANCY - The specific purpose for which land or a building is used, designed or maintained.

OCCUPANCY PERMIT - The same as certificate of occupancy.

OFFICIAL COUNTY MAP - The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Ocean County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP - A map adopted by ordinance by the Township Committee pursuant to Article 5 of P.L. 1975, c. 291.

OFF SITE - Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF TRACT - Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON SITE - Located on the lot in question.

ON TRACT - Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE - Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

OPEN SPACE UNOCCUPIED - An unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.

OUTDOOR CAFE - An unenclosed outdoor dining area operated on a seasonal basis by a restaurant on the same lot occupied by the restaurant.

       **Webmasters Note: The definition above has been added as per Ordinance No. 4064-06

PARKING AREA PRIVATE - An open area, other than a street, intended for the same use as a private garage.

PARKING AREA PUBLIC - A paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.

PARKING SPACE - An off-street space provided for the parking of a motor vehicle with a minimum area of 162 square feet, exclusive of driveways or access drives. [Amended 2-)-1982 by Ord. No. 2068]

PARTY IMMEDIATELY CONCERNED - For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291.

PATIO - An area of land not used for receiving and storing material where the ground has been surfaced with construction material, such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.

PERFORMANCE GUARANTY - Any security which may be accepted by the municipality, including surety bonds, letters of credit pursuant to N.7.S.A. 40:55D-53 and cash in lieu of a requirement that certain improvements be made before the municipal agency approves an application for a development permit. [Amended 5-13-1992 by Ord. No. 2911-92]

       PERSONAL SERVICES Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

       **Webmasters Note: The definition above has been added as per Ordinance No. 4064-06

PLANNED COMMERCIAL DEVELOPMENT - An area of a minimum contiguous size, as may be specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by this chapter.

PLANNED DEVELOPMENT - Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT - An area of a minimum contiguous size, as may be specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted.

PLANNED RETIREMENT COMMUNITY DEVELOPMENT - An area of land containing dwellings and recreational, cultural and medical facilities and services for the benefit of the permanent residents who are, wherever possible, persons 55 years of age or over. [Amended 3-8-1989 by Ord. No. 26338-89]

PLANNED UNIT DEVELOPMENT - An area with a specified minimum contiguous acreage of 10 acres or more, to be developed according to a plan as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as may be specified in this chapter.

PLANNED UNIT RESIDENTIAL DEVELOPMENT - An area with a specified minimum contiguous acreage of five acres or more, to be developed according to a plan as a single entity containing one or more residential clusters, which may include appropriate commerical or public or quasi-public uses, all primarily for the benefit of the residential development may be specified in this chapter.

PLANNING BOARD - The Dover Township Planning Board established pursuant to Section 14 of P.L. 1975, c. 291. The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to Section 63b of P.L. 1975, c. 291.

PLANNING BOARD ENGINEER - The licensed New Jersey professional engineer specifically retained by the Planning Board, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Township Engineer may assume the duties of the office.

PLANS COMMITTEE - All members of the Planning Board or Board of Adjustment meeting to review agenda items for the next public meeting of the Board.

PLAT - A map or maps of a subdivision or site plan.

POLITICAL SIGN - A sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue for which a public election is scheduled to be held.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291,17 prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS - Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.

PREMISES - A lot or tract of land or any combination thereof held under single ownership or control.

PREVAILING FRONT SETBACK - The average setback of buildings within the same block frontage. In making this calculation, at least 15 percent of the buildings that are closest to the street line shall be eliminated from the basis for calculating the average, and up to 15 percent of the buildings that are farthest from the street line shall be eliminated from the basis as well. In the alternative, the calculation may be based on linear feet of frontage as a substitute for the number of buildings.

       **Webmasters Note: The previous definition has been added as per Ordinance No. 4123-07.

PRIMARY OR PRINCIPAL USE - The primary or principal purpose for which a building, structure or lot is used.

PRINCIPAL ARTERIAL HIGHWAY - An existing or proposed street classified as a principal arterial highway on the Circulation Plan of the Dover Township Master Plan or a proposed street meeting the design standards for principal arterial highways in this chapter.

PROFESSIONAL OFFICE/PROFESSION - The office of a member of a recognized profession, which shall include but is not limited to the offices of doctors or physicians, dentists, but is not limited to the office of doctors or physicians, optometrists, ministers, architects, landscape architects, professional engineers, land surveyors, lawyers, artists, authors, attorneys, accountants and musicians. [Amended G-13-1990 by Ord. No. 2748-90]

PROHIBITED USE - That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.7.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone.

PROJECTING SIGN - A sign other than a wall sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under a marquee or canopy.

PUBLIC AREAS

       A. Public parks, playgrounds, trails, paths and other recreational areas.

       B. Other public open spaces.

       C. Scenic and historic sites.

       D. Sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL - A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY - The land reserved or dedicated for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE - An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.

QUORUM - The majority of the full authorized membership of a municipal agency.

REAL ESTATE SIGN - A sign erected by the owner or his agent indicating that the property on which the sign is located is for rent, sale or lease.

RESIDENTIAL CLUSTER - An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY GROSS - The number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]

RESIDENTIAL DENSITY NET - The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access and/or open space and natural or nontidal bodies of water, tidal wetlands as defined by the New Jersey Wetlands Act of 197018 and freshwater wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 198719 or floodways as defined by Chapter 313, Flood Damage Protection, of the Code of the Township of Dover. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89]

RESIDENTIAL PROFESSIONAL OFFICE - The same as "home professional office."

RESTAURANT - Any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

RESTAURANT DRIVE-IN - An establishment where the majority of the patrons purchase food, soft drinks, ice cream and similar confections for takeout or consumption on the premises, but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESUBDIVISION - The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.

RETAINING WALL - A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

ROOF SIGN - A sign erected or constructed above the eaves, roofline or parapet line of any building.

ROOM - As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room area shall be counted as room. Baths shall not count as rooms.

ROOMING HOUSE - The same as "boardinghouse."

SCREENING - Any concentration or grouping of trees or shrubbery as may be required by this chapter.

SECONDARY USE - The same as "accessory use."

SEDIMENTATION - The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SELF-STORAGE FACILITY - The same as "mini warehouse." [Added 7-8-1997 by Ord. No. 3271-97]

SERVICE ACCESS - That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises to service the building erected or the use conducted thereon.

SETBACK - The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines (see § 348-5.4B). [Amended 12-9-2003 by Ord. No. 3843-03]

SETBACK LINE (BUILDING LINE) - The line beyond which a building shall not extend unless otherwise provided in this chapter.

SHELTERED CARE HOME - A building used, whether for profit or not, for the care of one or more aged or infirm persons who are residents therein (as "resident" is defined in N.J.S.A. 30:1 1A-1 et seq.), who are not members of the family therein residing.

SHINGLE - A small sign identifying a professional use. [Added 11-9-1994 by Ord. No. 3059-94]

SHOPPING CENTER - An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, and having a minimum total floor area of 20,000 square. feet.

SIDEWALK OR SANDWICH SIGN - A movable sign not secured or attached to the ground.

SIGN - A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, storefronts, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A sign may also be described as a street graphic.

SIGNABLE AREA - The area on the facade of a building, usually below the roofline, which is free of openings, such as doors or windows, and which may be used for a sign without disrupting major architectural details.

SIGN AREA - For purposes of this chapter and to calculate the amount of area utilized by proposed signs, individual letters or numbers pinned separately to a wall background shall be measured for their area by the sum of the area of the individual rectangles that enclose each letter. Otherwise, the area of a sign shall be the entire face of a box, wall or projecting sign. The total area of the rectangle which encloses the message of a ground sign shall be counted, including all ornamentation, embellishments and symbols, but excluding the supporting structure which does not form part of the sign proper or of the display. The area of a double or multifaced sign shall be the area of the largest vertical plane within the outline of the sign as seen from any one vantage point on a public right-of-way.

SITE - Any plot, parcel, piece or tract of land. [Added 8-23-1983 by Ord. No. 2195-83]

SITE PLAN - A development plan of one or more lots on which is shown:

       A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.

       B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.

       C. Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to P.L. 1975, c. 291.

SKETCH PLAT - A map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and, further, meeting the requirements set forth herein for sketch plats.

SNIPE SIGN - A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees or other natural features, poles, stakes or fences or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.

SPECIAL CONSULTANT - Individuals or firms hired by the Planning Board or Board of Adjustment to review applications regarding traffic, environmental or land use planning issues. [Added 9-12-2000 by Ord. No. 3551-00]

STANDARDS OF PERFORMANCE - Standards:

       A. Adopted by ordinance pursuant to Section 52d of P.L. 1975, c. 291,22 regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or

       B. Required by applicable federal or state laws or municipal ordinances.

STORY - That portion of a building included between the surface of any floor and the surface of that floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured. A mezzanine floor shall be counted as a story if it covers over the area of the floor next below it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.

STORY HALF - That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.

STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat filed and recorded in the office of the county recording offcer prior to the formation of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.

STREET LINE - That line determining the limit of the highway rights of the public, either existing or contemplated.

STRUCTURAL ALTERATIONS - The same as "alterations."

STRUCTURE - Anything constructed, assembled or erected, the use of which required the location on the ground or attachment to something having location on or in the ground, and shall include tanks, towers, advertising signs or devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels, or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities entirely below ground or pavements, curbs, sidewalks, patios or gasoline fuel pumps. [Amended 9-14-1)82 by Ord. No. 2116]

SUBDIVIDER - Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.

SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; conveyances so as to combine existing lots by deed or other instrument; the conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision." [Amended 3-11-1980 by Ord. No. 1909]

SUBDIVISION SIGN - A sign designating and identifying a subdivision or housing development.

SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

SUPER GRAPHIC - The application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.

SWIMMING POOL COMMERCIAL - A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.

SWIMMING POOL, PRIVATE - A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.

SWIMMING POOL PUBLIC - The same as "swimming pool, commercial."

TEMPORARY SIGNS - One which indicates a special event or transient feature lasting 30 days or less, which sign is displayed for 35 days or less.

THEATER - A structure designed and used for the presentation of motion pictures or stage entertainment.

TIME AND TEMPERATURE SIGNS - A sign which indicates actual time and/or current temperature.

TRAILER COURT - The same as "mobile home park."

TRANSCRIPT - A typed or printed verbatim record of the proceedings or reproduction thereof. [Added 3-11-1980 by Ord. No. 1909]

TRUCK TERMINAL - A location at which trucks are parked or privately serviced, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.

USE - The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USED AND NEW CAR LOT - An open area used primarily for the storage and sale of operative new or used motor vehicles.

VARIANCE - Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Sections 29.26, 57c and 57d of P.L. 1975, c. 291.13 Those sections, paragraphs and/or subsections within Article V, entitled "General Standards," and Article VIII, entitled "Design Standards and Improvement Specifications," identified by an asterisk are considered to be variances pursuant to the above sections. [Amended 9-25-1991 by Ord. No. 2859-91]

VETERINARY CLINIC OR HOSPITAL - See "animal care facility."

WALL SIGN - A sign attached to, painted on or erected against a wall or flat vertical surface of a structure which extends not more than 12 inches from the face of the structure.

WIND DEVICE - Any streamer, propeller, pennant or similar device that is activated by the wind.

WINDOW SIGN - A sign affixed to a window or visible through that window from the exterior.

YARD - An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky.

YARD FRONT - A yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.

YARD REAR - A yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.

YARD SIDE - A yard between the principal building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.

ZONING PERMIT - The same as "development permit." [Added 12-9-2003 by Ord. No. 3843-03]

COMMERCIAL AGRICULTURE - The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products.

FARM - An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.

HOME AGRICULTURE - The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.

CAFRA PLANNING MAP means the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.

CAFRA CENTERS, CORES OR NODES means those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.

COMPACTION means the increase in soil bulk density.

CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY means an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). the county review agency may either be:

       A.county planning agency; or

       A.county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT means the New Jersey Department of Environmental Protection.

DESIGNATED CENTER means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DESIGN ENGINEER means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case, of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1 et seq.

DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

ENVIRONMENTALLY CRITICAL AREAS means an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by ;the Department's Endangered and Nongame Species Program.

EMPOWERMENT NEIGHBORHOOD means a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

EROSION means the detachment and movement of soil or rock fragments by water, wind, is or gravity.

IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION is the process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT means any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.

MUNICIPALITY means any city, borough, town, township, or village.

NODE means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON means any individual, corporation, company, partnership, firm, association, Township of Toms River, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law , N.J.S.A. 40:55D-1 et seq.

POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

SEDIMENT means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE means the lot or lots upon which a major development is to occur or has occurred.

SOIL means all unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) means an area delineated

STORMWATER means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.

STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

TIDAL FLOOD HAZARD AREA means a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

URBAN REDEVELOPMENT AREA is defined as previously developed portions of areas:

       (1) Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

       (2) Designated as CAFRA Centers, Cores or Nodes;

       (3) Designated as Urban Enterprise Zones; and

       (4) Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

       Section 3: General Standards

       A. Design and Performance Standards for Stormwater Management Measures

       1. Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Section 4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.

       2. The standards in this ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

       Note: Alternative standards shall provide at least as much protection from stormwater related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.

       Section 4: Stormwater Management Requirements for Major Development

       A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 10.

       B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department' Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

       C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 4.F And 4.G:

       1. The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

       2. The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

       3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

       D. A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Sections 4.F and 4.G may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

       1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

       1. The applicant demonstrates through an alternatives analysis, that through the use nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Sections 4.F and 4.G to the maximum extent practicable;

       3. The applicant demonstrates that, in order to meet the requirements of Sections 4.F and 4.G, existing structures currently in use, such as homes and buildings, would need to be condemned; and

       4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Sections 4.F and 4.G that were not achievable on-site.

       E. Nonstructural Stormwater Management Strategies

       1. To the maximum extent practicable, the standards in Sections 4.F and 4.G shall be met by incorporating nonstructural stormwater management strategies set forth at Section 4.E into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural, stormwater management measures identified in Paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.

       2. Nonstructural stormwater management strategies incorporated into site design shall:

       a. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

       b. Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

       c. Maximize the protection of natural drainage features and vegetation;

       d. Minimize the decrease in the "time of concentration" from pre-construction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;

       e. Minimize land disturbance including clearing and grading;

       f. Minimize soil compaction;

       g. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;

       h. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;

       i. Provide other source controls to prevent or minimize the use or ,exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:

       (1) Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Section 4.E.3. below;

       (2) Site design features that help to prevent discharge of trash and debris from drainage systems;

       (3) Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

       (4) When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.

       3. Site design features identified under Section 4.E.2.i.(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 4.E.3.c below.

       a. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

       (1) The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

       (2) A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

       Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

       b. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

       c. This standard does not apply:

       (1) Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

       (2) Where flows from the water quality design storm as specified in Section 4.G.1 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

       (a) A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

       (b) A bar screen having a bar spacing of 0.5 inches.

       (3) Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars, to the elevation of the water quality design storm' as specified in Section 4.G.1; or

       (4) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

       4. Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 4.F and 4.G shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office,, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.

       5. Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 7, or found on the Department's website at www.njstormwater.org.

       F. Erosion Control, Groundwater Recharge and Runoff Quantity Standards

       1. This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.

       a. The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.

       b. The minimum design and performance standards for groundwater recharge are as follows:

       (1) The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Section 5, either:

       (a) Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual pre-construction groundwater recharge volume for the site; or

       (b) Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2- year storm is infiltrated.

       (2) This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to (3) below.

       (3) The following types of stormwater shall not be recharged:

       (a) Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

       (b) Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

       (4) The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.

       c. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Section 5, complete one of the following:

       (1) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

       (2) Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two, 10, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

       (3) Design stormwater management measures so that the post-construction peak runoff rates for the 2, 10 and 100 year storm events are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post- construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or

       (4) In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

       2. Any application for a new agricultural development that meets the definition of major development at Section 2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.

       G. Stormwater Runoff Quality Standards

       1. Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures.

       Table 1: Water Quality Design Storm Distribution

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       2. For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Section 7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Section 7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418 Trenton, New Jersey, 08625-0418.

       3. If more than one BMP in series is necessary to achieve the required 80 percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

       Table 2: TSS Removal Rates for BMPs

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       4. If there is more than one onsite drainage area, the 80 percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.

       5. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Sections 4.F and 4.G.

       6. Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Section 7.

       7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

       8. Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the

       County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:

       a. The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:

       (1) A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided. (2) Encroachment within the designated special water resource protection area under Subsection (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.

       b. All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act , N.J.S.A. 4:24-39 et seq.

       c. If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act , N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:

       (1) Stabilization measures shall not be placed within 150 feet of the Category One waterway;

       (2) Stormwater associated with discharges allowed by this section shall achieve a 95 percent TSS post-construction removal rate;

       (3) Temperature shall be addressed to ensure no impact on the receiving waterway;

       (4) The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;

       (5) A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and

       (6) All encroachments proposed under this section shall be subject to review approval by the Department.

       d. A stream corridor protection plan may be developed by a regional stormwater Management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Section 4.G(8) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to G.8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in G.8.a.(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.

       e. Paragraph G.8 does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004 , provided that the construction begins on or before February 2, 2009.

       Section 5: Calculation of Stormwater Runoff and Groundwater Recharge

       A. Stormwater runoff shall be calculated in accordance with the following:

       1. The design engineer shall calculate runoff using one of the following methods:

       a. The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 - Hydrology and Technical Release 55 - UrbanHydrology for Small Watersheds; or

       b. The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.

       2. For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Section 5.A.1.a and the Rational and Modified Rational Methods at Section 5.A.1.b. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

       3. In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

       4. In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds and other methods may be employed.

       5. If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

       B. Groundwater recharge may be calculated in accordance with the following:

       1. The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground- Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587.

       Section 6: Standards for Structural Stormwater Management Measures

       A. Standards for structural stormwater management measures are as follows:

       1. Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).

       2. Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch (1") spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third (1/3) the width of the diameter of the orifice or one- third (1/3) the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section B.D.

       3. Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.

       4. At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.

       5. Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Section 8.

       B. Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Section 4 of this ordinance.

       C. Manufactured treatment devices may be used to meet the requirements of Section 4 of this ordinance, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.

       Section 7: Sources for Technical Guidance

       A. Technical guidance for stormwater management measures can be found in the documents listed at 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.

       1. Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.

       2. The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.

       B. Additional technical guidance for stormwater management measures can be obtained from the following:

       1. The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;

       2. The Rutgers Cooperative Extension Service, 732-932-9306; and

       3. The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.

       Section 8: Safety Standards for Stormwater Management Basins

       A. This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.

       B. Requirements for Trash Racks, Overflow Grates and Escape Provisions

       1. A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

       a. The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.

       b. The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

       c. The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

       d. The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs/ft sq.

       2. An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

       a. The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

       b. The overflow grate spacing shall be no less than two inches across the smallest dimension.

       c. The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft sq.

       3. For purposes of this paragraph 3, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:

       a. If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Section 8.0 a free-standing outlet structure may be exempted from this requirement.

       b. Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See Section 8.D for an illustration of safety ledges in a stormwater management basin.

       c. In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.

       C. Variance or Exemption from Safety Standards

       1. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.

       D. Illustration of Safety Ledges in a New Stormwater Management Basin

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Section 9: Requirements for a Site Development Stormwater Plan

       A. Submission of Site Development Stormwater Plan

       1. Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Section 9.0 below as part of the submission of the applicant's application for subdivision or site plan approval.

       2. The applicant shall demonstrate that the project meets the standards set forth in this ordinance.

       3. The applicant shall submit six (6) copies of the materials listed in the checklist for site development stormwater plans in accordance with Section 9.0 of this ordinance.

       B. Site Development Stormwater Plan Approval

       The applicant's Site Development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval' is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.

       C. Checklist Requirements

       The following information shall be required:

       1. Topographic Base Map

       The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted wh ch extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

       2. Environmental Site Analysis

       A.written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

       3. Project Description and Site Plan(s)

       A.map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

       4. Land Use Planning and Source Control Plan

       This plan shall provide a demonstration of how the goals and standards of Sections 3 through 6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

       5. Stormwater Management Facilities Map

       The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

       a. Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

       b. Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

       6. Calculations

       a. Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Section 4 of this ordinance.

       b. When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

       7. Maintenance and Repair Plan

       The design and planning of the stormwater management facility shall meet the maintenance requirements of Section 10.

       8. Waiver from Submission Requirements

       The municipal official or board reviewing an application under this ordinance may, in consultation with the municipal engineer, waive submission of any of the requirements in Sections 9.C.1 through 9.C.6 of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

       Section 10: Maintenance and Repair

       A. Applicability

       1. Projects subject to review as in Section 1.0 of this ordinance shall comply with the requirements of Sections 10.B and 10.C.

       B. General Maintenance

       1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

       2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

       3. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project.

       4. If the person responsible for maintenance identified under Section 10.B.2 above is not a public agency, the maintenance plan and any future revisions based on Section 10.B.7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

       5. Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

       6. The person responsible for maintenance identified under Section 10.B.2 above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders.

       7. The person responsible for maintenance identified under Section 10.B.2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.

       8. The person responsible for maintenance identified under Section 10.B.2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Sections 10.B.6 and 10.B.7 above.

       9. The requirements of Sections 10.B.3 and 10.B.4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.

       (Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality If the municipality does not want to take this responsibility, the ordinance should require the posting of a two year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Guidelines for developing a maintenance and inspection program are provided in the New Jersey Stormwater Best Management Practices Manual and the NJDEP Ocean County Demonstration Study, Stormwater Management Facilities Maintenance Manual, dated June 1989 available from the NJDEP, Watershed Management Program.)

       10. In the event that the stormwater management facility becomes a danger to public safety public health, or if it is in need of maintenance or repair, the municipality shall so notify responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may or he extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.

       B. Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

       Section 11: Penalties

       Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this ordinance shall be subject to a fine of $1,000.00 per violation.

       Section 12: Effective Date

       This ordinance shall take effect immediately upon the approval by the county review agency, or sixty (60) days from the receipt of the ordinance by the county review agency if the county review agency should fail to act.

       Section 13: Severability

       If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this ordinance.

       **Webmasters Note: The previous section has been amended as per Ordinance No. 4119-07.

       § 348-8.29. Street design.

       A. Street extensions. The arrangement of streets within a development shall provide for the extension and/or realignment of existing streets, except that local and local collector streets should only be extended when such extension is necessary and the Planning Board concurs that such extension will promote safety and conform to the street standards contained elsewhere in this chapter.

       B. Street widening. Where developments abut existing roadways, sufficient rights-of-way shall be reserved to provide the right-of-way width proposed for the functional classification of the street in question. For all properties on Route 9 between the Garden State Parkway and the Township of Lakewood the reserved right-of-way shall be 57 feet from the existing centerline of the highway.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4064- 06

       C. Design of local streets. Local streets shall be designed in accordance with the Schedule of Street Design Standards and the following requirements:

       (1) Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

       (2) Cuts-de-sac (dead-end streets) should have center line length, from the intersecting street center line to the center point of the turnaround of the cut-de-sac, of not less than 100 feet nor longer than 1,200 feet and should not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of riot less than 65 feet and a property line radius of not less than 75 feet, which shall have its center point at or to the left of the center line of the street, when view I toward the closed end. In the event that it is contemplated that a dead-end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required. [Amended 7-26-1995 by Ord. No. 3118-95]

       (3) Loop streets should provide access to not more than 45 lots, except that where access is provided by a combination of a short loop street and cull-de-sac, the maximum shall be 60 lots, provided that the length of the loop street alone will no, exceed 3,000 feet. Loop streets shall have both of their termini located on the same street.

       (4) P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop and providing access to a street which is not a part of the P-loop. The loop of a P-loop should have a street length not exceeding 3,000 feet. P-loops should provide access to no more than 60 lots, and the entrance street should be designed in accordance with the design standards for minor collector streets.

       (5) Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modifcation shall include but shall not be limited to widening the right-of-way of a continuous street through the use of semicircular projections.

       (6) Reduced paving width. When a cut-de-sac or loop street provides access to 25 or fewer lots, the Planning Board may consider the use of reduced paving width where, by reason of' topography, physical features or other conditions, the reduced paving width would substantially reduce disruption of the development's environment. In no case shall the paving width of a two-way cut-de-sac or loop street be reduced to less than 28 feet. The Planning Board may consider the use of one-way loop streets with a minimum paving width of 22 feet. Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation. Such review and approval must be obtained by the developer before approval of a final plat will be granted.

       D. Classification of streets. In any development it shall be the duty of the Planning Board to approve classification of proposed streets according to their use. In making its decisions, the Planning Board shall refer to the Master Plan and shall consider conditions within the development and the surrounding areas and shall use as a guide the following street classifications and criteria:

       (1) Local street. A local street is a street serving only single-family residences and where feasible should be either a cut-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The maximum traffic normally expected on a local street shall be 400 vehicles per day.

       (2) Local collector or minor collector street. A local collector or minor collector is generally a street gathering traffic from local streets and feeding it into a system of major collectors, minor arterial and major arterial highways. Even if laid out as a local street, a street should be considered a local or minor collector street if it provides access or could provide access to more than 60 lots or, in the case of a cut-de-sac, more than 25 lots, or could be utilized by traffic other than residential in nature. Local or minor collector streets should generally not be expected to carry traffic exceeding 1,000 vehicles per day. The design speed of local or minor collectors, for alignment and sight distance purposes, should be 40 miles per hour.

       (3) Major collector streets. A major collector street is generally a street gathering traffic from local streets or minor collector streets and feeding it into a system of arterial highways. Even if laid out as a local or minor collector street, a street should be considered a major collector street if it provides access or could provide access to more than 150 lots or would be utilized by traffic other than residential in nature. Major collector streets should generally not be expected to carry traffic exceeding 2,500 vehicles per day. The design speed of major collector streets, for alignment and sight distance purposes, should be 50 miles per hour.

       (4) Minor arterials. Minor arterials are streets gathering traffic from more than one local, minor or major collector street and leading it to a system of other minor arterials or principal arterial streets. Minor arterials shall have a design speed, for alignment and sight distance purposes, of 60 miles per hour and should generally be designed to carry traffic volume approaching 10,000 vehicles per day.

       (5) Principal arterial highways. Principal arterials are any federal, state or county highways or municipal streets or roads intended to carry traffic between other major arterials and minor arterials and between the various neighborhoods of the Township or from the Township's neighborhoods to destinations outside the Township. Principal arterial highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.

       (6) Classification criteria. Street classifications will be approved by the Planning Board in accordance with the foregoing definitions, in accordance with the provisions of the Master Plan and Official Map if such are adopted, in accordance with the provisions of applicable county and state regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.

       E. Lots abutting major collector, minor arterial and arterial highways. In any subdivision abutting or being traversed by a major collector street, minor arterial or principal arterial highway, one of the following conditions shall be required by the Board:

       (1) A marginal street meeting the classifications herein for a local street shall be provided along each major collector, minor arterial or principal arterial highway and shall be separated from the major collector, minor arterial or principal arterial highway by a landscaped strip at least 25 feet in width.

       (2) The frontage of all lots abutting the major collector, minor arterial or principal arterial highway shall be reversed so that the lots will front on an internal local street; a natural wooded or landscaped buffer strip at least 50 feet in width will be provided on the abutting lots along the right-of-way of the major collector, minor arterial or principal arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.

       (3) All lots abutting major collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.

       (4) Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the planning Board.

       (5) Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

       F. Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter but shall not be less than those set forth in the Schedule of Street Design Standards (Figure No. 9).

       G. Street intersections. Street intersections shall be designed according to the following standards:

       (1) No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70, measured at the center line of streets, shall not be permitted.

       (2) Streets should not enter the same side of local, minor or major collector streets at intervals of less than 500 feet, minor arterials at intervals of less titan 1,200 feet or principal arterials at intervals of less than 2,500 feet. Streets which enter collectors, minor arterials or principal arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector or 500 feet along the center line of a minor arterial or 800 feet along the center line of a principal arterial.

       (3) Approaches of any major collector, minor arterial or principal arterial street to any intersection of another major collector, minor arterial or principal arterial street shall be tangent or have a center line radius greater than 5,000 feet for al least 500 feet from the intersection.

       (4) Where a minor or major collector, major thoroughfare or major arterial street intersects with a major collector, major thoroughfare or major arterial street, the right-of-way of each minor collector shall be widened by 10 feet (five feet for each side) for a distance of 300 feet in all directions from the intersection of the center lines, and the right-of-way of each major collector, minor arterial and principal arterial shall be widened by 20 feet (10 feet for each side) for 500 feet in all directions from the intersection of the center lines.

       (5) Approaches of any local, local collector or minor collector street to any other street shall:

       (a) Be tangent (straight) for a distance of at least 50 feet from the intersection, or

       (b) Have a center-line radius greater than 1,000 feet for at least 150 feet from the intersection, and

       (c) Have a clear sight of a point three feet high in the intersection for a distance of not less than 400 feet.

       H. Street layout.

       (1) Curved local, local collector and minor collector streets are preferred to discourage speed and monotony. The maximum straight-line distance should not exceed 1,000 feet.

       (2) The Planning Board in all cases may, and in the case of subdivisions having 100 or more lots shall, require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

       (3) Subdivisions containing more than 150 lots should have two access points from collector streets or arterial highways.

       I. Street names. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or development in Dover Township or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.

       J. Limit of improvements. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the planning Board. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Planning Board, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Township Committee to be credited toward the completion of such improvements at such time as the adjacent land develops. ,

       K. Streets serving other than single-family detached homes. The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments shall be determined by the Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs and maximum access for fire-fighting equipment and shall generally conform to the requirements herein.

       L. Reserve strips. There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the governing body under conditions approved by the Planing Board.

       §348-8.30. Streedighting. [Amended 5-13-1992 by Ord. No. 2911-92]

       Streetlights shall be of a type approved by resolution of the Township Committee and by the electric utility company serving the proposed development installed on poles 30 feet in height and approved by the Township Planning Board and located so as to provide a minimum lighting level of 0.5 horizontal footcandle on all local, local collector and minor collector streets and one horizontal footcandle on all major collector, minor arterial and principal arterial streets. The developer shall pay the full cost for initial installation of any streetlights and, in accordance with § 348-7.6H herein, the operation and maintenance costs until such time as the municipality assumes payment for the operation and maintenance costs of such streetlighting.

       § 348-8.31. Street signs. [Amended 2-9-1982 by Ord. No. 2068]

       A. Street-name signs shall be reflectorized four-way type (two head), aluminum construction known as a "tomcat," vandal-proof street-name sign or equivalent, will] the following features:

       (1) The construction of the tomcat vandal-proof, street-name sign shall be as manufactured with all extensions to be made of 6063-T5 aluminum alloy with a solid three-fourths-inch-diameter metal threaded center staff, consisting of a compression spring and locking nut for mounting inside the wall of the post.

       (2) Lettering on street-name signs shall be at least four inches, with supplementary lettering to indicate the type of street (e.g., street, avenue, road, etc.), which shall be in smaller lettering at least two inches in height. Conventional abbreviations are acceptable, except for the street name itself.

       (3) The reflectorized legend and background shall be of a contrasting color and should have a white message and border on a green background. The sign faces shall be of a high-intensity type, fabricated from scotch lites brand reflective sheeting, high-intensity grade as manufactured by 3M or an approved equal. All numbers and letters shall be of a heat-sealed type.

       (4) The posts shall be of a galvanized-steel type or approved equal and shall be of a length of 12 feet, installed in a concrete base.

       B. Street signs shall be properly installed at each street intersection. Street signs shall be placed, two per intersection, on the near right-hand corner, as viewed from both directions, on the street which is expected to carry the greatest traffic through the intersection. Mounting shall be in accordance with the standard procedures of the Township or with requirements adopted by the Township Committee. Street signs shall be placed before any certificate of occupancy for houses on the subject street are issued.

       §348-8.32. Traffic control devices.

       The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Township Committee, may pay to the Township Treasure a nonrefundable sum, in cash or certified check, in the amount set by the Township Engineer equal to the cost of all necessary traffic control devices not installed by the developer. Traffic control devices shall include but are not limited to signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Committee.

       § 348-8.33. UTILITY INSTALLATIONS.

       With the exception of water distribution systems which shall be governed by Section 348-8.34 of this Chapter, all utility lines and necessary appurtenances, including but not limited to electric transmission and electric, gas, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utility's supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff, as the same are then on file with the State of New Jersey Board f Public Utility Commissioners, and shall submit to the Planning Board, prior o the granting of approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multifamily developments, shopping centers, industrial parks and planned retirement communities, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the Planning Board. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided.

       **Webmasters Note: The previous section has been amended as per Ordinance No. 4118-07.

       §348-8.34. PUBLIC WATER SUPPLY REGULATIONS.

       A. Prior to the approval of any final plat of site plan or subdivision which requires the installation of any public and/or individual water supply systems, an extension of existing systems, the developer shall submit the design plans of said water supply systems to (1) the Township's Water Utility Franchisee and (2) the Planning Board or Board of Adjustment, if applicable, for the review and approval of the aforesaid respective utility and agencies.

       B. Upon the approval of the developer's design plans, the Water Utility Franchisee shall notify the Planning Board or Board of Adjustment, if applicable, and the Township Engineer, in writing. Said written approval shall also include confirmation that the Water Utility Franchisee will provide public water supply service to the developer's property.

       C. The developer shall also provide proof of approval of any and all other federal, state, county or local approval relating to Public water supply service.

       D. Prior to the approval of any final plat of site plan or subdivision, if applicable, or prior to the issuance of any building permit, the developer shall dedicate all water supply utility lines and related appurtenances to the Township of Toms River. The applicant shall also convey all necessary easements to the Township of Toms River. All dedications shall be in a form approved by the Township Attorney. Upon dedication, the Township shall lease the installed water supply utility lines and related appurtenances to the Township water utility franchisee upon terms and conditions as agreed to by the Township and utility franchisee.

       E. The developer shall arrange with the Water Utility Franchisee for the underground installation of the water supply lines, related appurtenances and service connections in accordance with the provisions of the applicable standard terms and provisions of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

       F. All water utility lines and related appurtenances shall be installed within dedicated public right-of-ways or within easement dedicated to the Township of Toms River.

       **Webmasters Note: The previous section has been amended as per Ordinance No. 4118-07.

       §348-8.35. (Reserved)

       § 348-8.36. Umbrellas. [Added 3-23-1982 by Ord. No. 2081]

       In zoning districts where the placement of umbrellas is a permitted accessory use, the following minimum requirements shall apply:

       A. No more than three umbrellas shall be permitted on any site.

       B. Umbrellas shall have a maximum height of 16 feet.

       C. No umbrellas shall be greater than 18 feet in diameter or width.

       D. No umbrellas shall be located closer than 25 feet to any street right-of-way.

       E. Umbrellas shall adhere to the minimum side and rear setback requirements for principal buildings within the highway business zone.

       F. No lettering or words shall be permitted on any umbrella which would be used to identify or advertise the place of business.

       G. No umbrella shall be closer than 25 feet to any other umbrella as measured from the tip of the umbrella to the tip of the adjoining umbrella.

       H. No umbrella shall be placed closer than 25 feet to any principal structure.

       I. In the event that three umbrellas are placed on any one site, the total minimum front setback from any street right-of-way shall be a minimum of 100 total feet; provided, however, that no individual umbrella shall be located closer than 25 feet to any street right-of-way.

       § 348-8.37. Tents. [Added 4-11-1990 by Ord. No. 2729-90]

       In zoning districts where the placement of tents is a permitted accessory use, the following minimum requirements shall apply:

       A. No tent(s) erected upon any site may exceed 2,000 square feet.

       B. Tents shall have a maximum height of 20 feet.

       C. No tent(s) shall have a dimension greater than 60 feet.

       D. No tent(s) shall be located closer to any property line than the required principal building setback or within any vehicular circulation aisle.

       E. No tent(s) may be utilized to advertise or identify the name of or the place of business.

       F. No tent(s) may be erected upon any site closer than 25 feet to another tent, umbrella and/or any building on the site upon which the tent is erected.

       G. Tents erected on any residential parcel for not more than five days for residential purposes shall be exempt from Subsections D, E and F and shall be considered permitted accessory uses.

       § 348-8.38. Handicapped Facilities. [Added 11-10-1992 by Ord. No. 2941-92]

       In accordance with the provisions of state and federal regulations, the following standards shall be utilized in the design of all facilities to provide access for the physically handicapped.

       A. Curb ramps for the physically handicapped.

       (1) Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. In general, two curb ramps shall be constructed at each corner. A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two-ramp system.

       (2) Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown on Figures 7A, 7B or 7C. If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four corners of full intersections and at the two corners plus a location across the street from both of the ramps at T-intersections.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       NOTE: Built-up ramps are not allowed to encroach into loading/unloading zones, parking spaces or vehicular traffic areas.

       B. Handicapped parking spaces. Parking spaces for the physically handicapped shall be provided in accordance with the following table:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       C. Parking space design.

       (1) The length of each parking space shall be 18 feet as measured in accordance with § 348-8.20.

       (2) Each parking space shall have a minimum width of eight feet and shall be adjoined by a minimum five-foot-wide access aisle. The access aisle shall be located on the passenger side of the parking space. (See Figure 7F.)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       GENERAL PARKING NOTES:

       1) Handicapped space must permit use of either of car doors.

       2) A bumper is required when no curb or barrier is provided which will prevent encroachment of cars over walkway.

       3) A maximum crossfall of 2% is allowed in parking space and access aisle.

       4) Loading/unloading area must connect to an accessible path of travel.

       5) Refer to handicap formula in Item #2.

       (3) For double parking space design, a minimum twenty-one-foot width shall be provided for two spaces and access aisle area. The access aisle shall be located between the parking spaces. (See Figure 7G.)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       Parking Space - Double FIGURE 7G

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (4) Van-accessible parking spaces.

       (a) One of every eight handicapped parking spaces provided, but not less than one, shall be a van-accessible parking space.

       (b) Each van-accessible parking space shall have a minimum width of eight feet with passenger side access of a minimum eight feet wide. (See Figure 7H.) Alternate parking design specifications may be provided in accordance with Figure 71 providing a total twenty-seven-foot-wide width for two stalls or a minimum sixteen-foot width for single parking stalls.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       D. Parking space sign age. Each reserved handicapped parking space shall be provided with signage in accordance with Figure 7J, and every van-accessible parking stall shall be provided with signage identifying the stall as van-accessible. The parking spaces shall also be delineated by light blue striping, and an emblem with minimum dimensions of 36 inches by 36 inches being a profile view of a wheelchair and occupant in white on a light blue background shall be installed on each handicapped space and shall be located such that the base of said emblem is located at the open end of the parking stall. (See Figure 7K.)

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       E. Accessible route. At least one accessible route within the boundary of each site developed shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets and sidewalks to the accessible building entrance they serve.

       (1) Width. The minimum clear width of an accessible route shall be three feet and shall provide a passing space having minimum dimensions of five feet by five feet at reasonable intervals not to exceed 200 feet.

       (2) Surface. The surface texture shall be stable, firm and slip-resistant.

       (a) Changes in level. Changes in level of less than inch may be vertical, of between inch and inch shall be beveled with a slope no greater than 1:2. For changes in level of greater than inch, a ramp in accordance with the requirements herein shall be required.

       (b) Gratings. If gratings are located within the accessible route, they shall have spaces no greater than inch wide in one direction, and if the grading has elongated openings, the long dimension shall be perpendicular to the route of travel.

       (c) Slope. The maximum cross slope of an accessible route shall be 1:50, and any accessible route with a running slope of greater than 1:20 shall be considered a ramp and comply with the requirements herein for the same.

       (3) Detectable warning. If an accessible route crosses or adjoins a vehicular way and the pedestrian area and vehicular area are not separated by curbs, railings or other elements, the boundary between the areas shall be defined by a continuous detectable warning having a minimum width of three feel and installed in accordance with Figure 7D above.

       § 348-8.39. Dwelling units in mixed use buildings.

       A. General Regulations.

       (1) Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.

       (2) No dwelling unit shall be permitted on the same floor level as a nonresidential use.

       B.Dwelling units in mixed use buildings in the Village Office District

       (1) Dwelling units shall'be permitted on the second floor only.

       (2) Dwelling units shall be limited to one unit per building.

       B. Dwelling units in mixed use buildings in the Village Business District.

       (1) Dwelling units shall be permitted on the second floor and higher only.

       (2) Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales or personal service uses

       §348-8.40. Townhouse dwellings

       A. Site requirements.

       (1) Open Space

       (a) The following standards shall apply to projects with more than 25 dwelling units:

       (1) Minimum common open space 250 square feet for each dwelling unit.

       (2) Required common open space shall be physically integrated into the design of the development as a unifying element such as a park playground or linear greenery trail Therefore no single open area measuring less than 5 000 square feet in area shall count toward the open space requirement. If the open space is developed as a park or playground it should be at the center of the development with the front facades of buildings facing the open space If developed as a greenway trail or natural corridor, the open space should be designed to link to other surrounding developments or to natural features such as stream corridors.

       [3] Common open space shall be conveyed to a homeowner's association nonprofit organization or the Township conditioned on the Township's acceptance of such open space.

       [4] Minimum private open space: 750 square feet for each unit. Such open space shall be designed to maximize privacy for each unit through the use of such design elements as walls and hedging.

       [b] For projects with 25 or fewer units, at least 1,000 square feet of open space shall be provided for each unit but the open space shall not be required to be common open space.

       (2) Buildings.

       (a) Minimum number of dwellings in one development: five.

       (b) Maximum number of townhouse dwelling units in one building: eight.

       (c) Minimum spacing between buildings: 80 feet, except 20 feet between sides.

       B. Lot and yard requirements for individual dwelling units.

       (1) Minimum lot area: 2,000 square feet.

       (2) Minimum lot width: 20 feet.

       (3) Minimum lot depth: 100 feet

       (4) Minimum front setback shall be as required for the zoning district in which the development is located In no event shall the front setback be less than 20 feet. However, if parking is provided in the rear and no driveways are provided along the front, the minimum front setback may be reduced to 10 feet.

       (5) Minimum rear setback: 40 feet.

       (6) Minimum side setback: 10 feet.

       (C). Circulation requirements.

       (1) All developments involving townhouse dwellings shall provide for a logical grid of streets to serve the development which shall be organized into a layout of blocks and lots. To the extent practical such streets shall be extensions of existing Township streets.

       (2) Maximum block length: 500 feet.

       (3) Streets shall conform to the standards specified in the Residential Site Improvement Standards at N. J.A.C 5:21 et seg. Sidewalks shall be provided on both sides of all streets.

       (4) Rear service alleys to provide access to garages and parking areas are encouraged.

       § 348-8.41. Outdoor cafes.

       A.Outdoor cafes shall be permitted accessory uses where specified in Article X.

       B.An outdoor cafe shall not be enclosed with a permanent roof or walls. However, awnings shall be permitted.

       C.An outdoor cafe shall be delimited with a portable rail, rope or picket fence not greater than four feet in height which fence shall be removed at the close of business each day and stored inside the building or in the rear yard.

       **Webmasters Note: The sections above 348-8.39thru 348-8.41 have been added as per Ordinance No. 4064-06

       § 348-9. ARTICLE IX: Conditional Uses.

       §348-9.1. Guiding principles and general provisions.

       Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Dover and at the same time appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:

       A. The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.

       B. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:

       (1) The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.

       (2) The potential effect that the proposed use(s) and/or structure(s) will have upon property values.

       (3) The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.

       (4) The need for such facility or use(s) to serve the area in which it is to be located.

       (5) The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).

       (6) The adequacy of plans for screening any adverse aspects of the use(s) and/or structures) from adjoining properties.

       (7) The adequacy of proposed outdoor lighting.

       (8) Compliance with the performance standards under § 348-5.31 of this chapter.

       (9) Compliance with the standards, principles and objectives of the Master Plan of the Township of Dover.

       C. All conditional uses shall also be required to obtain site plan approval, unless otherwise specifed in this chapter.

       D. Conditional uses shall adhere to the additional standards specified for the particular use under this article except where no additional standards are specified herein.

       E. No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.

       § 348-9.2. Multifamily dwellings.

       Multifamily dwellings may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and those additional standards established for multifamily dwellings under § 348-8.18.

       § 348-9.3. Motor vehicle service stations.

       Motor vehicle service stations may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.

       B. Motor vehicle service stations shall have a lot area of not less than 15,000 square feet with a minimum frontage of 100 feet on one street. If the lot requirements for the zone are greater, they shall take precedence. [Amended 8-14-1991 by Ord. No. 2848-91]

       C. (Reserved)

       D. (Reserved)'-19

       E. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five during working hours and no more than three overnight. Overnight outdoor storage of more than three vehicles shall be prohibited.

       F. (Reserved)

       G. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

       H. Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.

       I. Coin-operated service stations are not permitted.

       J. No auto bodywork shall be permitted.

       K. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

       L. Sale of new or used cars is prohibited.

       M. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.

       N. The maximum lot coverage by buildings shall be 10% of the lot area and a maximum of 20% of the lot area with a canopy. [Amended 4-11-1990 by Ord. No. 2729-90; 12-9-2003 by Ord. No. 3843-03]

       O. The minimum unoccupied open space shall be 30% of the lot area.

       P. The canopy setback shall be 25 feet. [Added 4-11-1990 by Ord. No. 2729-90; amended 8-14-1991 by Ord. No. 2848-91]

       Q. All motor vehicle service stations shall have frontage on and access to a roadway classified as a principal arterial. [Added 8-14-1991 by Ord. No. 2848-91]

       § 348-9.4. (Reserved)

       § 348-9.5. Churches and places of worship.

       Churches and places of worship may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. The minimum lot area shall be two acres.

       B. The minimum lot width shall be 200 feet.

       C. No principal building shall be located closer than 50 feet to any side or rear property line.

       D. No accessory building shall be located closer than 30 feet to any side or rear residential property line.

       E. Maximum lot coverage by buildings shall be 15%. [Amended 12-9-2003 by Ord. No. 3843-03]

       F. Minimum unoccupied open space shall be 20%.

       G. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

       H. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]

       § 348-9.6. Public utilities.

       Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

       B. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

       C. Adequate and attractive fences and other safety devices will be provided.

       D. Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.

       E. All of the setback and building coverage requirements of the respective zone will be met, except that no setback (front, side or rear) of any structure shall be less than 125% of the height of the structure.

       F. The proposed use shall be located on a lot of not less than 20,000 square feet.

       § 348-9.7. Nursery schools and day nurseries. [Amended 8-14-1991 by Ord. No. 2848-91; 10-27-1993 by Ord. No. 3009-93; 3-12-1996 by Ord. No. 3164-96]

       Nursery schools and day nurseries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. A statement setting forth full particulars on the building and/or use is submitted.

       B. The lot upon which such use is proposed shall conform to the following standards and requirements:

       (1) Minimum lot area: two acres.

       (2) Minimum front yard setback: 100 feet.

       (3) Minimum side and rear yard setbacks: 50 feet.

       (4) Maximum lot coverage by buildings: 10%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (5) Minimum unoccupied open space: 40%.

       C. Accessory buildings shall not be located closer than 30 feet to any residential property line.

       D. The property must front on and have access to a roadway classified as a major collector or minor or principal arterial roadway.

       E. The maximum floor area in any single building used as a nursery school or day nursery shall be limited to 5,000 square feet above grade; and any areas constructed below grade shall not be utilized to house recreation or classroom areas.

       F. Architectural approvals for the building exterior shall be at the sole discretion of the Planning Board and shall conform to the architecture of buildings in the area.

       § 348-9.8. Health care facilities. [Amended 12-26-1978 by Ord. No. 1801]

       Health care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following;

       A. A statement setting forth the full particulars on the building and/or use is submitted.

       B. The lot upon which the use is proposed shall conform to the following standards and requirements:

       (1) (Reserved)

       (2) Minimum front yard setback: 150 feet.

       (3) Minimum side yard setback: 100 feet.

       (4) Minimum rear yard setback: 100 feet.

       (5)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (6) Minimum unoccupied open space: 20%

       C. (Reserved)

       D. Basement areas shall not be utilized to house patients or recreation areas. [Amended 7-10-1991 by Ord. No. 2840-91]

       E. Any health care facility shall be licensed by and/or meet all appropriate standards of federal, state and county regulatory agencies.

       F. The property must front on and have access to a roadway classified as a principal arterial roadway. [Added 7-10-19')1 by Ord. No. 2840-91; amended 10-27-1993 by Ord. No. 3009-93]

       § 348-9.9. Cemeteries.

       Cemeteries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Grave sites shall be set back a minimum of 100 feet from any street line and 50 feet from all other property lines.

       B. Principal and/or accessory structures, including mausoleums, shall be set back a minimum of 200 feet from all property lines.

       C. Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 100 feet to any street line.

       § 348-9.10. Boatyards and/or marinas.

       Boatyards and/or marinas may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. No principal or accessory building shall be located closer than 50 feet to any street line or 25 feet to other property lines, except that buildings for boat construction, repair or maintenance shall not be located closer than 50 feet to any property line.

       B. Boats shall not be stored or displayed closer than 35 feet to any street line or 20 feet to any other property line.

       C. No railway or other launching facility shall be located closer than 20 feet to any property line.

       D. Adequate utilities shall be supplied to each boat slip, including electricity, lighting and water supply.

       §348-9.11. Home professional office.

       Home professional offices may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Not more than one professional and one professional only, without associates or partners, may utilize the office, except that one additional professional may be permitted, provided that both professionals are members of the same immediate family which includes parent, children and spouses only.

       B. Not more than two persons may be employed as office personnel.

       C. The portion of the dwelling devoted to professional office use shall not exceed 30% of the total floor area of the dwelling.

       D. Minimum lot size requirements. [Added 12-26-1979 by Ord. No. 1892]

       (1) Interior lot.

       (a) Minimum lot width: 90 feet.

       (b) Minimum lot area: 12,000 square feet.

       (2) Corner lot.

       (a) Minimum lot area: 15,000 square feet.

       (3) In all zones where any of the minimum requirements exceed the minimum requirements as hereinabove provided, the greater requirement shall be observed.

       E. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 4-11-1990 by Ord. No. 2729-90]

       § 348-9.12. Home occupation.

       Home occupation may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. There shall be no more than two employees other than the bona fide residents of the dwelling.

       B. The portion of the dwelling utilized for the home occupation shall not exceed 50% of the first floor area of the dwelling.

       C. The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.

       D. No sounds shall be audible outside the building.

       E. The property must front on a street classified as a minor or major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]

       § 348-9.13. Boardinghouses and/or rooming houses.

       Boardinghouses and/or rooming houses may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. The structure or use shall conform to all requirements for one-family dwellings in the zoning district, and the size of rooms shall meet air cubage requirements of the Board of Health.

       B. Off-street parking facilities shall be provided on the premises in the rear and/or side yards, but not in the front yard, of not less than one parking space for each boarder or roomer and two parking spaces for the owner.

       C. No structure or lot shall provide lodgings for more than three roomers or boarders.

       D. The owner of the property shall have his place of residence in the same house.

       §348-9.14. (Reserved)

       §348-9.15. Hotels and motels.

       Hotels and motels may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Minimum lot area: one acre.

       B. Minimum lot area per unit: 1,500 square feet.

       C. Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be utilized primarily for transients.

       D. Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

       E. Minimum unoccupied open space: 20%.

       F. No building shall be located closer than 50 feet to any residential property line.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No.4164- 08.

       G. Minimum number of units: 20.

       H. No accessory building or parking area shall be located closer than 20 feet to a residential property line.

       I. No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 348-8.8 of this chapter.

       J. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements forth above shall be increased by four feet for each foot by which the height of structures exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

       K. The maximum length of stay shall be 30 days.

       **Webmasters Note: The previous subsection has been added as per Ordinance No. 4164-08.

       § 348-9.16. Shopping centers.

       Shopping centers may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Minimum lot area: five acres.

       B. Minimum front yard setback: 100 feet.

       C. Minimum side and rear yard setback: 75 feet.

       D. No accessory structure or parking area may be located closer than 50 feet to a residential property line.

       E. Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-031

       F. Minimum unoccupied open space: 20%.

       G. (Reserved)

       H. If located within the PRC-3 Planned Retirement Community Zone, the portion of the sit. utilized for the shopping center shall not exceed nine acres and shall have access to and frontage on New Hampshire Avenue. [Added 9-14-1982 by Ord. No. 2116]

       §348-9.17. Veterinary clinics or hospitals or animal care facilities.

       Veterinary clinics or hospitals or animal care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Minimum lot size: one acre.

       B. Minimum front yard setback, principal or accessory structures, including kennels, pens and runs: 100 feet.

       C. Minimum side and rear yard setbacks, principal or accessory structures, including kennels, pens and runs: 50 feet.

       D. No building or area used for kennels, pens or runs shall be located closer than 150 feet to any dwelling.

       E. Sufficient space shall be provided indoors for all animals kept at the facility, and no animals may be kept out-of-doors between 9:00 p.m. and 7:00 a.m.

       F. Detailed plans and proposals for sanitary sewage and solid waste disposal shall be submitted to the Planning Board.

       G. Provisions shall be made for noise control which as a minimum shall include:

       (1) Soundproofing of all enclosed structures.

       (2) Noise baffles or dense screening and landscaping of all outside pens, kennels, cages and runs.

       (3) Secondary buffer plantings between pens, kennels, cages and runs and any exterior property line buffer strip when required by the Planning Board.

       H. All such facilities shall be licensed by and meet the requirements of any appropriate county, state or federal regulatory agencies.

       I. The property must front on a street classified as a major collector or minor or principal arterial roadway. [Added 8-14-1991 by Ord. No. 2848-91]

       § 348-9.18. Quasi-public and private club recreation areas. [Amended 8-14-1991 by Ord. No. 2848-91; 10-27-1993 by Ord. No. 300'9-93; 3-12-2002 by Ord. No. 3674-02]

       A. Quasi-public or private club buildings and recreation areas, including clubhouses, parks, playgrounds, golf courses, tennis courts, swimming pools, boat slips, docks and other such activities, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       (1) (Reserved)

       (2) Minimum lot area: five acres.

       (3) Maximum lot coverage by buildings and structures, including swimming pools: 20% of the lot area. [Amended 12-9-2003 by Ord. No. 3843-03]

       (4) Minimum unoccupied open space: 25%.

       (5) No building, structure, recreation area or parking area shall be located closer than 50 feet to a residential property line.

       (6) The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired and supplemental application is made to the Planning Board.

       (7) Off-street parking requirements shall be determined by the the Planning Board, except that, where swimming pools are provided, the off-street parking requirements shall be not less than the requirement under § 348-8.8C, plus such additional parking as may be deemed necessary by the Planning Board.

       (8) The property must front on and have access to a principal arterial roadway.

       B. Notwithstanding the foregoing, all quasi-public or private club buildings and recreation areas, including clubhouses, parks, playgrounds, ballfields, golf courses, tennis courts, swimming pools, boat slips, docks and other such activities or accessory structures, located on municipal-owned, county-owned or state-owned land shall be permitted in all zones, provided that the use and/or structures shall adhere to the minimum standards of the particular zone.

       §348-9.19. Commercial recreation activities. [Amended 8-9-1983 by Ord. No. 2189-83]

       Commercial recreation uses, such as theaters, drive-in theaters, bowling alleys, skating rinks, miniature golf courses, driving ranges, amusement parks, dance halls, commercial swimming pools, arcades and amusement machines, coin-operated or otherwise, such as video and/or pinball machines, may be permitted as a conditional use in those areas specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

       A. No building, structure, active recreation area or parking area shall be located closer than 50 feet to any residential property line.

       B. Unless elsewhere specified in this chapter, off-street parking requirements shall be determined by the planning Board.

       C. Commercial swimming pools shall be subject to the provisions of § 348-8.8.

       D. Maximum lot coverage by buildings and structures, including swimming pools: 20%.

       [Amended 12-9-2003 by Ord. No. 3843-03]

       E. Minimum unoccupied open space: 20%.

       F. Notwithstanding the foregoing, no conditional use permit shall be required for the accessory use of five or less amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment, provided that the use of such five or less machines is clearly an accessory use in such establishment.

       G. Notwithstanding the foregoing, no conditional use permit shall be required for the placement of over five amusement machines, coin-operated or otherwise, including but not limited to video and/or pinball machines in any establishment presently approved or used as a commercial recreation use, provided that such placement of said amusement machines is a secondary use.

       § 348-9.20. Farmers markets or auction markets.

       Farmers' markets, auction markets and similar businesses may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

       A. Minimum lot area: one acre.

       B. No area utilized for outdoor sales shall be located closer than 50 feet to any residential property line and/or closer to any street or other property line than the requirements for the zone in which located.

       C. All areas utilized for parking vehicles, including vehicles of concessionaires, shall be paved in accordance with the standards of this chapter.

       D. The property must front on and have access to a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

       § 348-9.21. Retail and office uses.

       Retail and office uses may be permitted as a conditional use in the Industrial Zone, provided that the use and/or structures shall adhere to the minimum standards of the Industrial Zone and the following:

       A. The retail or office use shall primarily service the uses or employees of the uses within the Industrial Zone; and/or

       B. The retail or office use shall have an outlet for or be operated in conjunction with one or more of the uses located within the Industrial Zone.

       § 348-9.22. Administrative offices and research laboratories.

       Administrative office buildings limited to the executive or administrative offices of industrial or business concerns and which are not normally involved in conducting business with the general public, and industrial research laboratories limited to experimental, research and testing laboratories at which products or goods are not produced for sale, may be permitted as a conditional use in those zones specified, provided that the use and/or structures adhere to the minimum standards of the particular zone and the following:

       A. Minimum lot area: five acres.

       B. Minimum lot width: 400 feet.

       C. Minimum lot depth: 400 feet.

       D. No building shall be located closer than 150 feet to any property line.

       E. Maximum lot coverage by buildings: 10%. [Amended 12-9-21103 by Ord. No. 3843-03]

       F. Minimum unoccupied open space: 50%.

       G. No parking area or accessory structure shall be located closer than 50 feet to any property line.

       H. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by four feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.

       I. The lot shall have frontage on and all access shall be from a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

       J. Research laboratories involving materials or processes that present inherent danger of fiire or explosion or which may provide objectionable odors or smoke shall not be permitted.

       § 348-9.23. Billboards.

       Billboards may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

       A. Maximum size: 20 feet vertically and 30 feet horizontally.

       B. Minimum front yard setback: 30 feet.

       C. Minimum side and rear yard setbacks shall conform to the minimum setbacks for accessory structures in the particular zone.

       D. Approval of a billboard as a conditional use shall be for a period of time specified by the Planning Board not to exceed five years. Upon expiration of the period of time specified by the Planning Board, the billboard shall be removed unless the conditional use is extended by the planning Board for an additional period of time not to exceed five years.

       §348-9.24. (Reserved) 149

       § 348-9.25. Single-family attached dwellings. [Added 4-2fi-1983 by Ord. No. 2166-83]

       Single-family attached dwellings may be permitted as a conditional use in those zones specified, provided that the use and/or structures adhere to the minimum standards of the particular zone and the following:

       A. The minimum size of a tract or parcel of land proposed for development of single-family attached dwellings shall be 20 contiguous acres.

       B. There shall be not more than six dwelling units for each acre of land.

       C. No principal building or structure shall be located within 40 feet of any exterior boundary line of the tract.

       D. No accessory building or private swimming pool shall be located within 20 feet of any exterior boundary line of the tract.

       E. Each residential unit shall have allocated to it a minimum lot area of 4,000 square feet; minimum lot width: 40 feet; minimum lot frontage for an interior lot: 25 feet; minimum lot frontage for a corner lot: 75 feet on both streets; minimum lot depth: 100 feet.

       F. All principal buildings shall have front yard setbacks of not less than 35 feet, rear yard setbacks of not less than 20 feet, side setbacks of not less than 15 feet, excepting attached structures may have one side setback of zero feet.

       G. No more than two dwelling units shall be constructed or permitted in any building or under any one common roof.

       H. The developer shall provide for the ownership and maintenance of all roadways, streetlighting, streams, lakes and walkways. Such responsibility shall remain with the developer, excepting that it may be transferred to an organization conceived and established to maintain the roadways, streetlighting, streams, lakes and. walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility, by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streetlights, streams, lakes, walkways, etc., in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Dover Township Planning Board. Those provisions of § 348-8.9 of the Dover Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that, in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units.

       I. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approved by the Dover Township Planning Board. The requirements of § 348-5.4A shall not be applicable.

       § 348-9.26. Planned residential retirement developments. [Added 4-9-1985 by Ord. No. 2309-85]

       Planned residential retirement development at a density not exceeding 4.0 units per acre may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and to the following:

       A. Area, yard and building requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for a planned residential retirement development within the area which is in accordance with a site development plan and subdivision plat approved by the Planning Board. Such site development plan shall meet at the least the following minimum requirements:

       (1) Minimum use. The minimum area for a planned residential retirement development having a density of 4.0 units per acre shall be 100 acres.

       (2) Residential density. There shall not be more than 4.0 dwelling units per each acre of residential land planned and approved under this chapter.

       (3) Residential building coverage. Not more than 20% of the gross area shall be covered by residential buildings.

       (4) Maximum building height of residential units. No greater than 20 feet for each individual unit subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (5) Setbacks from tract boundary. No building or structure, other than an entrance guardhouse, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.

       (6) Setbacks from public street right-of-way. No building or structure, other than an entrance guardhouse, walls or fences, shall be located within 200 feet from any state highway or within 100 feet of any other existing public street right-of-way. Nothing contained herein, however, shall prevent the construction of any temporary model homes in an appropriately designated display area, which model homes shall be located at least 100 feet from any existing public street right-of-way. No such model homes shall be occupied as a residence. Upon completion of the use of such structure as a model home, the structure shall be removed and appropriate steps shall be taken to adequately landscape the area on which the temporary model home had been located.

       (7) Off-street parking. A minimum of two off-street parking spaces for each dwelling unit shall be provided. Off-street parking for any other purpose shall be in accordance with § 348-8.20.

       (8) Minimum floor space per unit.

       (a) One-bedroom unit: 800 square feet.

       (b) Two-bedroom unit: 900 square feet.

       (c) Three-bedroom unit: 900 square feet.

       (9) A maximum of 70% of the residential units shall have a minimum lot area of 5,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for each such residential unit. A minimum of 30% of the residential units shall have a minimum lot area of 6,000 square feet with an additional 2,000 square feet to be set aside for or restricted to green area for each residential unit.

       (10) Front yards, side yards and rear yards. All buildings shall have front yard setbacks of not less than 25 feet, side yard setbacks of not less than 10 feet and rear yard setbacks of not less than 10 feet.

       (11) Minimum width of residential unit. No residential unit shall be constructed having a width less than 22 feet.

       (12) Access to state highway. Any planned residential retirement development having access to a state highway shall provide and have direct vehicular access to such state highway.

       B. Water and sewerage facilities. No individual wells or individual sewage disposal systems shall be permitted. Each building shall be serviced with water and sewerage facilities by a central supply or disposal system which is approved by the Township Board of Health, Dover Township Municipal Utilities Authority and other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval and adequate provisions are made to ensure that such necessary facilities shall be installed.

       C. Roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. The developer shall provide for the ownership and maintenance of all roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. Such responsibility shall remain with the developer excepting that it may be transferred to an organization conceived and established to maintain the roadways, streams, lakes, parking areas, driveways, sidewalks and walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of the properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streams, lakes, parking areas, driveways, sidewalks, and walkways in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Dover Township Planning Board. Those provisions of § 348-8.9 of the Dover Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, that the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units. A statement containing the provisions of this section shall be filed as part of the Declaration of Covenants, Conditions and Restrictions, which document is filed with the Clerk of Ocean County. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.

       D. Private roadways. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approval by the Dover Township Planning Board. The requirements of § 348-5.4A shall not be applicable.

       E. Construction standards. Each residential unit may generally be rectangular in form, but shall be relieved by breaks in facade and apparent size by attached auto storage additions or porch-like additions. The main roof shall be pitched and shingled. Exterior walls shall look like wood or masonry regardless of composition. The foundation shall form a complete enclosure under exterior walls. Setback of units shall not be uniform. Building orientation and type shall vary.

       F. Age restrictions. Such a development shall contain residential homes and recreational and cultural services for the benefit of the permanent residents who are persons 55 years of age or over. Nothing herein contained shall prohibit a spouse from residing in a planned residential retirement development having a density of 4.0 units per acre, who is under the age of 55 years, provided that such spouse is married to a person who is a minimum of 55 years of age or over. [Amended 3-8-1989 by Ord. No. 2638-89]

       G. Services.

       (1) The developer shall provide for recreational and cultural services for the sole use of the residents of the development and their guests, including but not limited to the following:

       (a) Clubhouse.

       (b) Picnic grounds.

       (c) Shuffleboard court.

       (d) Horseshoe court.

       (2) The development shall provide for facilities for the maintenance and administration of the development.

       H. Clubhouse size and completion. There shall be at least one clubhouse or community building. The clubhouse shall provide for at least six square feet of clubhouse building space for each proposed dwelling unit. The clubhouse building shall be completed, shall receive a certificate of occupancy and shall be in operation before the completion of a dwelling unit representing 25% of the total dwelling units to be constructed as set forth in the major site plan, preliminary plat. The applicant shall post appropriate bonds to ensure the construction of the clubhouse building.

       § 348-9.27. Continuing-care retirement communities. [Added 11-25-1986 by Ord. No. 2452-86; amended 7-10-1991 by Ord. No. 28411-91]

       A.continuing-care retirement community may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

       A. A statement setting forth the full particulars on the building and/or use is submitted.

       B. The site must have frontage on, and access to, a principal arterial or minor arterial.

       C. The lot upon which the use is proposed shall conform to the following standards and requirements:

       (1) Minimum front yard setback: 100 feet.

       (2) Minimum side yard setback: 50 feet.

       (3) Minimum rear yard setback: 50 feet.

       (4)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (5) Minimum unoccupied open space: 25%.

       D. The permanent residents of the facilities shall be restricted to those 65 years of age or older; however, nothing herein shall prohibit a spouse from residing in the facility who is under the age of 65, provided that such spouse is married to a resident who is 65 years of age or older.

       E. All support facilities, functions and services shall be intended for the use and benefit of the resident users of the facility and their guests.

       F. Health care and support services, functions and facilities within a life-care facility or development may include the following:

       (1) Indoor and outdoor recreational facilities.

       (2) Physical therapy facilities.

       (3) Entertainment facilities.

       (4) Libraries.

       (5) Food preparation facilities.

       (6) Dining facilities.

       (7) Linen service facilities.

       (8) Nursing service.

       (9) Housekeeping service.

       (10) Health care facilities and services, including nursing beds, security facilities, administrative offices, storage facilities, chapels, facilities for the temporary lodging of guests and limited service facilities.

       G. Maximum building height: 35 feet, subject to the provisions of § 348-5.12; provided, however, that the height of the structure or portion thereof may exceed the maximum as otherwise permitted, provided that the front, rear and side yard requirements set forth within the zone shall be increased by five feet for each foot by which the height of the structure or part thereof exceeds the permitted maximum height, and further provided that in no case shall any proposed structure or part thereof exceed 40 feet in height and three usable floor areas counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       H. Any health care facility shall be licensed by and/or meet all appropriate standards of federal, state or county regulatory agencies.

       §348-9.28. Community shelters for victims of domestic violence. [Added 4-11-1990 by Ord. No. 2729-90]

       Community shelters for victims of domestic violence housing more than six but fewer than 16 victims of domestic violence, as defined herein, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

       A. A statement setting forth the full particulars on a building and/or use shall be submitted.

       B. The minimum lot area shall be 4,000 square feet for each victim of domestic violence and employee housed at the shelter but not less than the minimum lot area required for single-family homes in the zone.

       C. The minimum gross habitable floor area shall be 240 square feet for each victim of domestic violence and employee housed at the shelter.

       D. No conditional use permits shall be granted if the number of victims of domestic violence resident at such existing community shelters exceeds 0.5% of the population of the Township.

       E. No community shelter for victims of domestic violence shall be located on a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site or a relative of any such person residing on the site.

       F. No community shelter for victims of domestic violence shall be in excess of two stories in height exclusive of basement areas. Basement areas shall not be utilized to house patients or recreation areas.

       G. Each community shelter for victims of domestic violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.

       H. No community shelter for victims of domestic violence shall be located within 1,500 feet of any other such community shelter.

       I. No community shelter for victims of domestic violence shall be located on a principal arterial highway as defined in this chapter.

       J. No community shelter for victims of domestic violence shall be located in areas of heavy vehicular or pedestrian traffic congestion or in any area where, by reason of any condition existing in proximity to the proposed community shelter for victims of domestic violence, the occupants of said proposed community shelter would be exposed to undue hazard.

       K. Each community shelter for victims of domestic violence shall provide one off-street parking space for each employee on the shift employing the largest number of persons, plus one off-street parking for each three victims of domestic violence or fraction thereof residing on the site. The required off-street parking shall be subject to the provisions of § 348-8.20, Off-street parking, of this chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of § 348-8.4, Buffer areas, screening, landscaping and shade trees, of this chapter.

       L. No building utilized as a community shelter for victims of domestic violence shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures in residential zones.

       § 348-9.29. Long-term residential health care facilities. [Added 7-10-1991 by Ord. No. 2840-91]

       Long-term residential health care facilities may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

       A. A statement setting forth the full particulars on the building and/or uses is submitted.

       B. The site shall front on and have access to a principal arterial roadway. [Amended 10-27-1993 by Ord. No. 3009-93]

       C. Basement areas shall not be used to house patients, recreation areas or any other area frequented by patients.

       D. A facility shall be licensed by and/or meet all appropriate standards of federal, state or county regulatory agencies.

       E. The lot upon which the use is proposed shall conform to the following standards and requirements:

       (1) Minimum front yard setback: 150 feet.

       (2) Minimum side yard setback: 100 feet.

       (3) Minimum rear yard setback: 100 feet.

       (4)Maximum lot coverage by buildings: 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (5) Minimum unoccupied open space: 20%.

       § 348-9.30. Bed and breakfast establishments.

       A.The maximum size of a building used to house quests shall be 5.000 square feet of floor area.

       B. The maximum number of rooms to be let for each establishment shall be five.

       C. No more than two adults and two children ma be accommodated as guests in an single room.

       D. One parking space shall be provided for each room. Off-street parking facilities shall comply with § 348-8.20.

       E. Individual cookin facilities for guests are prohibited.

       F. In zones in which restaurants are not permitted, meals ma be served only to overnight uests. In other zones a restaurant ma be operated as a second principal use subject to all other applicable reuirements of this chapter.

       G. The maximum length of stay shall be fourteen nights.

       H. Customarily incidental accesso recreational facilities such as swimming pools and tennis ourts shall be permitted as accesso uses subject to the requirements of this chapter for such ccesso uses. Use of the facilities shall be restricted to the owner and overnight guests.

       I. The establishment shall comply with all lot area and setback requirements in the district in hich it is located.

       **Webmasters Note: The above section 348-9.30 has been added as per Ordinance No. 4064- 06

       § 348-10. ARTICLE X: Zoning District Regulations.

       § 348-10.1. List of zones.

       For the purpose of this chapter, the Township of Dover is divided into the following zoning districts:

       R/C-3 Conservation Residential Zone [Added 4-9-2002 by Ord. No. 3688-02; amended 3-25-2003 by Ord. No. 3781-03]

       R-800 Residential Zone

       Rural Residential Zone

       R-400 Residential Zone

       R-400C Conservation Residential Zone

       R-200 Residential Zone

       R-150 Residential Zone

       R-120 Residential Zone

       R-100 Residential Zone

       R-90 Residential Zone

       R-75 Residential Zone

       R-50 Residential Zone

       R-40A Residential Zone

       R-40B Residential Zone

       MF-6 Multifamily Zone

       **Webmasters Note: MF-AH and MHP-ARAN have been removed as per Ordinance No. 4064-06

       MF-10-AH Multifamily Affordable Housing Zone [Added 10-26-2004 by Ord. No. 3914-04] MF-16 Multifamily Zone

       MF-8 Multifamily Zone

       MF-10 Multifamily Zone

       O-10C Office Zone [Added 6-9-2004 by Ord. No. 3880-04]

       O-10 Office Zone

       O-15 Office Zone

       VO Village Office Zone

       VB Village Business Zone

       VS Village Seaport Zone

       DS Downtown Service Zone

       RC Regional Commercial Zone

       HB Highway Business Zone

       RHB Rural Highway Business Zone

       GB General Business Zone

       **Webmasters Note: Preservation-Reclamation Zone has been removed as per Ordinance No. 4064-06

       LI Light Industrial Zone

       I.Industrial Zone

       HMS Hospital-Medical Service Zone

       PRC Planned Retirement Community Zone

       PRC-3 Planned Retirement Community Zone

       PRC-4 Planned Retirement Community Zone

       MHP Mobile Home Parks Zone

       SC-AH-I Senior Citizen Affordable Housing - 1 Zone

       SC-AH-2 Senior Citizen Affordable Housing - 2 Zone

       **Webmasters Note: ALA-AH Alternative Living Arrangement has been removed as per Ordinance No. 4064-06

       § 348-10.2. Zoning Map.

       The boundaries of all zoning districts set forth in this chapter are shown in a map entitled "Zoning Map, Township of Toms River, Ocean County, New Jersey," dated December 12, 2006, which map is hereby made a part of this chapter and attached hereto.

       **Webmasters Note: The section above 348-10.2 has been amended as per Ordinance No. 4064-06

       § 348-10.2.1. Zone boundaries. [Amended 4-9-2002 by Ord. No. 3688-02; amended 3-25-2003 by Ord. No. 3781-03]

       A. Zone boundaries are intended to follow street, lot or property lines or other natural lines, such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.

       B. Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.

       §348-10.3. R/C-3 Conservation Residential Zone. [Added 4-9-2002 by Ord. No. 3688-021fi(1 ; amended 3-25-2003 by Ord. No. 3781-03]

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) All farm and agriculture activities, including nurseries and livestock and poultry raising, except the keeping or raising of swine. Minimum lot size for agricultural uses shall be six acres.

       **Webmasters Note: Subsection (3) has been eliminated as per Ordinance No. 4181-09.

       (4) Public or semipublic parks or open space. Privately owned parks or open spaces that are created under the cluster option herein for the sole use of residents and members of a homeowners' association shall be permitted.

       (5) Essential services.

       (6) Community residences for the developmentally disabled and community shelters for victims of domestic violence, community residences for persons with head injuries and community residences for the terminally ill, per N.J.S.A. 40:55D-66.1 et seq.

       B. Required accessory uses.

       (1) Off-street parking, subject to the provisions of § 348-8.20.

       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) Farm markets for the sale of produce and farm products grown or raised on the premises.

       (5) Other customary accessory uses and buildings which are clearly incidental and subordinate to the use of the principal building.

       D. Conditional uses subject to the provisions of Article IX of this chapter, including:

       (1) Public utilities ( § 348-9.6).

       (2) Home professional office ( § 348-9.7).

       (3) Home occupation ( § 348-9.12).

       **Webmasters Note: Subsection (4) has been eliminated as per Ordinance No. 4181-09.

       E. Area, yard and building requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for uses set forth above unless it is in accordance with a site plan or subdivision approved by the Planning Board. Said site plan or subdivision shall meet the following minimum requirements:

       (1) Minimum lot area: three acres.

       (2) Minimum lot width: 200 feet.

       (3) Minimum lot frontage: 100 feet.

       (4) Minimum lot depth: 400 feet.

       (5) Principal accessory building setbacks:

       (a) Minimum front yard setback: 80 feet.

       (b) Minimum rear yard setback: 50 feet.

       (c) Minimum side yard setback: 50 feet.

       (6) Maximum total impervious lot coverage, including buildings and impervious surfaces: 10%.

       (7) Minimum rear yard and side yard setback for private swimming pool: 15 feet.

       (8) Minimum perimeter setback for buildings containing livestock: 100 feet.

       (9)Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.

       F. Cluster development option. Certain modifications may be permitted for a major residential subdivision under this option by the Planning Board in such cases requested by the applicant and deemed appropriate by the Planning Board. The following conditions shall be met by the applicant for consideration of cluster development:

       (1) Minimum tract size shall be 30 gross acres. In determining permitted density, only fully contiguous and noncontiguous parcels

       **Webmasters Note: The subsection (1) above has been amended as per Ordinance No. 4064- 06

       (2) The clustered lots shall be served by public sanitary sewer and public water.

       (3) Yield plan.

       (a) A yield plan based on the minimum zoning standards for single-family residential uses per Subsection E above shall be prepared to determine lot yield under an as-of-right scenario. The yield plan shall take all development constraints into consideration, including, but not limited to, wetlands, wetlands transition areas and floodplains, and shall be approved by the Board.

       (b) All yield plan lots shall have a reasonable probability of being in accordance with all local, county and state standards, including septic disposal, and accessible from a proposed roadway system. All lots on the yield plan shall have a minimum unconstrained, buildable area of at least 43,560 square feet.

       (c) If there is any question to the suitability of any lot, and hence the number of lots in the cluster development, the final number of lots will be based on an approved preliminary plat using the standard subdivision design.

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall meet the standards for non-cluster single family residential development of the R-150 Residential Zone.

       **Webmasters Note: The subsection above (4) has been added as per Ordinance No. 4064-06

       § 348-10.4. R-800 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) All farm and agriculture activities, including nurseries; livestock and poultry raising, except the keeping or raising of swine, unless part of a general farming operation on a property of not less than 10 acres, and provided further that not more than 10 head shall be allowed in any case.

       **Webmasters Note: Subsection (3) has been eliminated as per Ordinance No. 4181-09.

       **Webmasters Note: Subsection (4) has been eliminated as per Ordinance No. 4181-09.

       (5) Essential services.

       (6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provision of § 348-8.20.

       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) Farm markets for the sale of produce and farm products grown or raised on the premises.

       (5) 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 chapter. [Amended 12-26-1978 by Ord. No. 1801; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No. 3009-93]

       **Webmasters Note: Subsection (1) has been eliminated as per Ordinance No. 4181-09.

       (2) Public utilities ( § 348-9.6).

       (3) Nursery schools and day nurseries ( § 348-9.7). [Amended 3-12-1996 by Ord. No. 3164-96]

       (4) Home professional offices ( § 348-9.11).

       (5) Home occupations ( § 348-9.12).

       (6) Veterinary clinics or hospitals or animal care facilities ( § 348-9.17).

       (7) (Reserved)

       (8) (Reserved)

       E. Area, yard and building requirements.

       (I) Minimum lot area: 80,000 square feet.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 100 feet.

       (b) Corner lot: 150 feet on both streets.

       (4) Minimum lot depth: 250 feet.

       (5) Minimum front setback: 60 feet, except:

       (a) Buildings for enclosure of swine: 200 feet.

       (b) Buildings for the shelter of 100 or more poultry or more than two head of livestock: 100 feet.

       (6) Minimum rear yard setback: 30 feet for principal and accessory buildings, except:

       (a) Buildings for enclosure of swine: 200 feet.

       (b) Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet.

       (c) Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.

       (d) Private swimming pool: 15 feet.

       (7) Minimum side yard setback: 20 feet for principal and accessory buildings, except:

       (a) Building for enclosure of swine: 200 feet.

       (b) Building for shelter of 100 or more poultry or more than two head of livestock: 100 feet.

       (c) Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.

       (d) Private swimming pool: 15 feet.

       (8)Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings. [Amended 7-10-1991 by Ord. No. 2840-91]

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of the tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 20 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.50 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows:

       (a) Minimum lot area: 25,000 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 65 feet.

       [2] Corner lot: 110 feet on both streets.

       (c) Minimum lot width: 125 feet.

       (d) Minimum lot depth: 150 feet.

       (e) Minimum front setback: 40 feet.

       (f) Minimum rear setback:

       [1] Principal and accessory buildings: 30 feet.

       [2] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal and accessory buildings: 15 feet.

       [2] Swimming pools: 10 feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on cull-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or requirements to this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 150 feet, a minimum lot depth of 200 feet and a minimum rear setback of 30 feet for principal and accessory buildings. except that in-ground swimming pools shall have a minimum rear setback of 15 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for cluster development.

       (6) Open space requirements. Reduced-lot-size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9 of this chapter.

       § 348-10.5. Rural Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) All farm and, agriculture activities, including nurseries; livestock and poultry raising, except the keeping or raising of swine, unless part of a general farming operation on a property of not less than 10 acres, and provided further that not more than 10 head shall be allowed in any case.

       **Webmasters Note: Subsection (3) has been eliminated as per Ordinance No. 4181-09.

       **Webmasters Note: Subsection (4) has been eliminated as per Ordinance No. 4181-09.

       (5) Essential services.

       (6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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) Farm markets for the sale of produce and farm products grown or raised on the premises.

       (5) 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 chapter.

       **Webmasters Note: Subsection (1) has been eliminated as per Ordinance No. 4181-09.

       (2) Public utilities ( § 348-9.6).

       (3) Nursery schools and day nurseries ( § 348-9.7). [Amended 3-12-1996 by Ord. No. 3164-96]

       (4) Health care facilities ( § 348-9.8). [Amended 12-26-1978 by Ord. No. 1801]

       (5) (Reserved)

       (6) Home professional offices ( § 348-9.11).

       (7) Home occupations ( § 348-9.12).

       (8) (Reserved)

       (9) Quasi-public and private club recreation areas ( § 348-9.18).

       (10) Farmers' markets or auction markets ( § 348-9.20).

       (11) Administrative offices and research laboratories ( § 348-9.22).

       (12) (Reserved)

       (13) Continuing-care retirement community ( § 348-9.27). [Added 11-25-1986 by Ord. No. 2452-86; amended 7-1(1-1991 by Ord. No. 2840-91]

       (14) (Reserved)

       (15) Long-term residential health care facilities ( § 348-9.29). [Added 7-10-1991 by Ord. No. 2840-911

       E. Area, yard and building requirements.

       (1) Minimum lot area: 43,560 square feet.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 125 feet on both streets.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback for principal and accessory buildings: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways, except: [Amended 2-22-1995 by Ord. No. 3084-95].

       (a) Building for enclosure for swine: 200 feet.

       (b) Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the front yard borders another residential zone, other than the R-800 Zone, it shall be 150 feet.

       (c) Building for the shelter of fewer than 100 poultry or fewer than two head of livestock: 50 feet, except where on a minor or major arterial highway, it shall be 60 feet.

       (6) Minimum rear yard setback for principal and accessory buildings: 30 feet, except:

       (a) Building' for enclosure of swine: 200 feet.

       (b) Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the rear yard abuts another residential zone, other than the R-800 Zone, it shall be 150 feet.

       (c) Building for the shelter of fewer than 100 poultry or fewer than two head of livestock: 50 feet.

       (d) Private swimming pool: 10 feet.

       (7) Minimum side yard setback for principal and accessory building: 20 feet, except:

       (a) Building for enclosure of swine: 200 feet.

       (b) Building for the shelter of 100 or more poultry or more than two head of livestock: 100 feet, except that, where the rear yard abuts another residential zone, other than the R-800 Zone, it shall be 150 feet.

       (c) Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.

       (d) Private swimming pool: 10 feet.

       (8)Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings. [Amended 7-10-1991 by Ord. No. 2840-91]

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.85 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows: [Amended 9-28-1994 by Ord. No. 3054-94]

       (a) Minimum lot area: 20,000 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 65 feet

       [2] Corner lot: 125 feel on both streets.

       (c) Minimum lot width: 125 feet.

       (d) Minimum lot depth: 150 feet.

       (e) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (f) Minimum rear setback:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 20 feet.

       [3] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal and accessory buildings: 15 feet with two combined side yards not less than 35 feet.

       [2] Swimming pools: 10 feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on cull-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or to requirements of this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 150 feet, a minimum lot depth of 190 feet and a minimum rear setback of 30 feet for principal and accessory buildings, except that swimming pools shall have a minimum rear and side setback of 10 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for cluster development. [Amended 9-28-1994 by Ord. No. 3054-94]

       (6) Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9 of this chapter.

       § 348-10.6. R-40(1 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       **Webmasters Note: Subsection (2) has been eliminated as per Ordinance No. 4181-09.

       **Webmasters Note: Subsection (3) has been eliminated as per Ordinance No. 4181-09.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 1X of this chapter. [Amended 12-26-1978 by Ord. No. 1801; 11-25-1986 by Ord. No. 2452-86; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No. 3009-93]

       **Webmasters Note: Subsection (1) has been eliminated as per Ordinance No. 4181-09.

       (2) Public utilities ( § 348-9.6).

       (3) Nursery schools and day nurseries ( § 348-9.7). [Amended 3-12-1996 by Ord. No. 3164-96]

       (4) Home professional offices ( § 348-9.11).

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 43,560 square feet.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 125 feet on both streets.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (6) Minimum rear yard setback:

       (a) Principal and accessory buildings: 30 feet.

       (b) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal and accessory buildings: 20 feet.

       (b) Private swimming pools: 10 feet.

       (8)Maximum building height: 35 feet, subject to the provisions of $ 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings. [Amended 7-10-1991 by Ord. No. 2840-91]

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.85 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 3-28-1990 by Ord. No. 2725-90; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows: [Amended 9-28-1994 by Ord. No. 3054-94]

       (a) Minimum lot area: 20,000 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 65 feet

       [2] Corner lot: 125 feet on both streets.

       (c) Minimum lot width: 125 feet.

       (d) Minimum lot depth: 150 feet.

       (e) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (f) Minimum rear setback:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 20 feet.

       [3] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal and accessory buildings: 15 feet with two combined side yards not less than 35 feet.

       [2] Swimming pools: 10 feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or to requirements of this section, whichever is greater. If such lots front on a minor or, principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 150 feet, a minimum lot depth of 190 feet and a minimum rear setback of 30 feet for principal and accessory buildings, except that swimming pools shall have a minimum rear setback of 10 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for development. [Amended 9-28-1994 by Ord. No. 3054-94]

       (6) Open space requirements. Reduced lot size (cluster) development shall provide open space subject to the requirements and standards in § 348-8.9.

       §348-10.7. R-400C Conservation Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       **Webmasters Note: Subsection (2) has been eliminated as per Ordinance No. 4181-09.

       **Webmasters Note: Subsection (3) has been eliminated as per Ordinance No. 4181-09.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (I) Off-street parking subject to the provisions of § 348-8.20.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Private swimming pools subject to the provisions of § 348-8:11.

       (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 chapter. [Amended 12-26-1978 by Ord. No. 1801; 3-13-1979 by Ord. No. 1822; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No. 3009-93]

       **Webmasters Note: Subsection (1) has been eliminated as per Ordinance No. 4181-09.

       (2) Public utilities ( § 348-9.6).

       (3)Nursery schools and day nurseries ( § 348-9.7). [Amended 3-12-1996 by Ord. No. 3164-96]

       (4)Home professional offices ( § 348-9.11).

       (5) (Reserved)

       (6)Shopping centers ( § 348-9.16), provided that:

       (a) The property has frontage on, and all access (ingress and egress) is from, New Jersey State Highway Route 37.

       (b) In addition to the requirements of § 348-9.16, the site shall conform to the provisions of § 348-10.25B(2) and E(11).

       (c) The minimum unoccupied open space required shall be 75% of the gross lot area, and at least 80% of the unoccupied open space provided shall conform to the requirements of § 348-8.9.

       (d) The development shall conform to the requirements of § 348-5.30.

       (7) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 43,560 square feet.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 125 feet on both streets.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (6) Minimum rear yard setback:

       (a) Principal and accessory buildings: 30 feet.

       (b) Private swimming pool: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal and accessory buildings: 20 feet.

       (b) Private swimming pools: 10 feet.

       (8)Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings. [Amended 7-10-1991 by Ord. No. 2840-91]

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.85 lot per gross acre , except that clustering to provide age-restricted multifamily residential development shall be computed on the basis of 2.0 dwelling units per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2670-89; 3-28-1990 by Ord. No. 2725-90; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for single family residential cluster development shall be as follows: [Amended 9-28-1994 by Ord. No. 3054-94]

       **Webmasters Note: The subsections (3) and (4) above have been amended as per Ordinance No. 4064-06

       (a) Minimum lot area: 12,000 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 45 feet.

       [2] Corner lot: 110 feet on both streets.

       (c) Minimum lot width: 90 feet.

       (d) Minimum lot depth: 135 feet.

       (e) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (f) Minimum rear setback:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 30 feet.

       [3] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal buildings: 15 feet

       [2] Accessory buildings: 10 feet.

       [3] Private swimming pools: 10 feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or requirements of this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 150 feet, a minimum lot depth of 190 feet and a minimum rear setback of 30 feet for principal and accessory buildings, except that private swimming pools shall have a minimum rear setback of 10 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for cluster development. [Amended 9-28-1994 by Ord. No. 3054-94]

       (6) Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.

       (7) Age-restricted multifamily residential development shall be required to preserve as public open space or recreation dedicated to the Township of Toms River at least 75 percent of the land lying within the R-400C Conservation Residential Zone. Development of age-restricted multifamily residential development may be combined with contiguous lots of at least 15 acres that do not lie within the R-400C Zone provided such contiguous lots lie within a zoning district that permits such development.

       **Webmasters Note: The subsection above (7) has been added as per Ordinance No. 4064-06

       § 348-10.8. R-200 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-9(1; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter. [Amended 12-26-1978 by Ord. No. 1801; 4-9-1985 by Ord. No. 2309-85; 11-25-1986 by Ord. No. 2452-86; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No. 30,09-93]

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4) (Reserved)

       (5) (Reserved)

       (6) In areas west of the Garden State Parkway, continuing-care retirement community ( § 348-9.27).

       (7) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 20,000 square feet.

       (2) Minimum lot width: 125 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 65 feet.

       (b) Corner lot: 125 feet on both streets.

       (4) Minimum lot depth: 150 feet.

       (5) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-2-1995 by Ord. No. 3084-95]

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 20 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal and accessory buildings: 15 feet with combined side yards not less than 35 feet.

       (b) Private swimming pools: 10 feet.

       (8)Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.276. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings. [Amended 7-10-1991 by Ord. No. 2840-91]

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election, the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 2_.00 lots per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 6-24-1986 by Ord. No. 2420-86; 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows: [Amended 6-24-1986 by Ord. No. 2420-86; 9-28-1994 by Ord. No. 3054-94]

       (a) Minimum lot area: 15,000 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 50 feet.

       [2] Corner lot: 110 feet from both streets.

       (c) Minimum lot width: 100 feet.

       (d) Minimum lot depth: 140 feet.

       (e) Minimum front setback: 30 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-22-1995 by Ord. No. 3084-95]

       (1) Minimum rear setback:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 20 feet.

       [3] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal buildings: 15 feet.

       [2] Accessory buildings: 15 feet.

       [3] Swimming pools: 10 feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on cuts-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or requirements of this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 125 feet, a minimum lot depth of 150 feet and a minimum rear setback of 30 feet for principal buildings and 20 feet for accessory buildings, except that private swimming pools shall have a minimum rear and side setback of 10 feet. Only rear lot lines of proposed interior building lots shall abut rear or side lot lines of the tract of land proposed for cluster development. [Amended 9-28-1994 by Ord. No. 3054-94]

       (6) Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.

       § 348-10.9. R-150 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       (6) Age-restricted multifamily residential development at a maximum density of 8.0 units per acre and a maximum building height of 65 feet. The minimum lot size for such developments shall be 15 acres, and the site density may be increased to accommodate age-restricted housing pursuant to the provisions of §348-10.7F(3) and (7). All affected contiguous lots shall be subject to site plan review and the identification of preserved open space resulting from such combined developments. In no event shall the total yield of such combined developments exceed 200 dwelling units, and such developments shall comply with the multifamily development standards set forth in § 348-8.18, except that buildings shall not be required to be more than 50 feet apart, building length shall not exceed 200 feet, distance between principal buildings and internal drives shall not be closer than 5 feet to any access drive or internal roadway, principal buildings shall not be closer than 4 feet to any parking area and if a swimming pool is provided the standard shall be 4 square feet per dwelling unit A planted buffer a minimum of twenty feet in width shall be provided along all portions of the age-restricted multifamily residential development portion of the site that adjoin existing single family dwellings Such planted buffer shall meet the standards set forth in § 348-8.4B. Multifamily housing without an age restriction shall be permitted subject to all the standards set forth herein for age-restricted development, and subject further to a 10 percent reduction in permitted density, and subject further to an average of no more than two bedrooms per dwelling unit. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit. In the event such housing is developed outside of a Center designated by the State Planning Commission through the Plan Endorsement process, the impervious coverage shall not exceed thirty percent.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4182- 09.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4) (Reserved)

       (5) (Reserved)

       (6) (Reserved)

       (7) (Reserved)

       E. Area, yard and building requirements.

       (I) Minimum lot area: 15,000 square feet.

       (2) Minimum lot width: 100 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 50 feet.

       (b) Corner lot: 110 feet on both streets.

       (4) Minimum lot depth: 140 feet.

       (5) Minimum front setback: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 20 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal and accessory buildings: 15 feet.

       (b) Private swimming pools: 10 feet.

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 90 feet, a depth not less than 100 feet and an area not less than 12,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approved by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-150 Residential Zone.

       F. Cluster (reduced lot size) development. In accordance with the regulations of this section, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, conservation areas, floodplains and wetlands and/or to provide areas and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.

       (1) Required findings by Planning Board. Prior to granting approval of any cluster (reduced lot size) development election the Planning Board must find that:

       (a) The proposal will produce economy in layout and design.

       (b) The proposal is not inconsistent with and will not create hazards relating to traffic patterns already established by surrounding development.

       (c) Open space to be created by the proposal must be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for a public or quasi-public purpose.

       (d) There is reasonable assurance that the improvement and maintenance of the open space can, be secured by the methods and arrangements proposed by the developer.

       (e) The proposal is consistent with the intent and purposes of the Master Plan.

       (2) Minimum tract size. The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this chapter must be 10 contiguous acres.

       (3) Maximum density. The maximum number of residential building lots for each cluster development shall be computed on the basis of 2.00 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number. [Amended 8-9-1989 by Ord. No. 2(70-89; 11-10-1992 by Ord. No. 2943-92]

       (4) Area, yard and setback requirements. The minimum building lot requirements for cluster development shall be as follows:

       (a) Minimum lot area: 7,500 square feet.

       (b) Minimum lot frontage:

       [1] Interior lot: 40 feet.

       [2] Corner lot: 110 feet on the street which the dwelling faces and 100 feet on the other street.

       (c) Minimum lot width: 75 feet.

       (d) Minimum lot depth: 100 feet.

       (e) Minimum front setback: 25 feet.

       (f) Minimum rear setback:

       [1] Principal buildings: 20 feet.

       [2] Accessory buildings: 12 feet.

       [3] Swimming pools: 10 feet.

       (g) Minimum side setback:

       [1] Principal buildings: eight feet with two combined side yards not less than 20 feet.

       [2] Accessory buildings: eight feel.

       [3] Swimming pools: eight feet.

       (5) Other building lot standards.

       (a) Wherever possible, building lots should front on cuts-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.

       (b) Lots proposed within a cluster development which will front on streets which border the tract of land proposed for cluster development shall provide area, yard and building requirements equal to that of adjoining zone requirements or requirements of this section, whichever is greater. If such lots front on a minor or principal arterial highway, such lots shall provide a minimum front setback of 60 feet. [Amended 7-12-1983 by Ord. No. 2182-83]

       (c) Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 100 feet, a minimum lot depth of 140 feet and a minimum rear setback of 30 feet for all principal buildings and 20 feet for accessory buildings, except that in-ground swimming pools shall have a minimum rear setback of eight feet. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.

       (6) Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.

       § 348-10.10. R-120 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4)Quasi-public and private club recreation areas ( § 348-9.18).

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 12,000 square feet.

       (2) Minimum lot width: 90 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 45 feet.

       (b) Corner lot: 1 10 feet on both streets.

       (4) Minimum lot depth: 135 feet.

       (5) Minimum front setback: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 15 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 10 feet, with two combined side yards not less than 25 feet.

       (b) Accessory buildings: 10 feet.

       (c) Private swimming pools: 10 feet.

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing al the date of adoption of this chapter, which parcel shall have a width not less than 80 feet, a depth not less than 100 feet and an area not less than 10,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-120 Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than. 100 feet. [Amended 8-22-1978 by Ord. No. 1775]

       § 348-10.11. R-100 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1)90 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4)Quasi-public and private club recreation areas ( § 348-9.18).

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 10,000 square feet.

       (2) Minimum lot width: 80 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 110 feet on both streets.

       (4) Minimum lot depth: 120 feet.

       (5) Minimum front setback: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 15 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 10 feet with two combined side yards not less than 25 feet.

       (b) Accessory buildings: 10 feet.

       (c) Private swimming pools: 10 feet.

       (7.1) Maximum lot coverage by building: 30%. [Added 12-9-2003 by Ord. No. 3843-03]

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord, No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 75 feet, a depth not less than 100 feet and an area not less than 9,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership: the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-100 Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than 100 feet. [Amended 8-22-1978 by Ord. No. 1775]

       § 348-10.12. R-90 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, but excluding boatyards ( § 348-9.10).

       (4) Home professional oft-ices ( § 348-9.11).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6)Multifamily dwellings ( § 348-9.2) only in that portion of the R-90 Zone located south of River Terrace, west of the Toms River and east of the block limit line separating Block 533.01 from Block 538. [Added 5-23-1978 by Ord. No. 1750; amended 9-28-2001 by Ord. No. 3632-01]

       (a) This conditional use is designated in recognition of the unique topographical and locational features of the subject property which makes it suitable for multifamily development but which requires special protection of the existing residential development and minimization of the use of the existing local roadways for access to a multifamily development.

       (b) The following regulations shall apply in addition to and shall govem if and where in conflict with § 348-8.18 or other provisions of this section:

       [1] Maximum density: eight dwelling units per acre.

       [2] Minimum lot area: 10 acres.

       [3] Minimum front setback:

       [a] Principal and accessory buildings: 75 feet.

       [b] Parking areas: 20 feet.

       [4] Minimum side and rear setbacks:

       [a] Principal and accessory buildings: 50 feet.

       [b] Parking areas: 20 feet.

       [5] Maximum lot coverage by buildings: 15%0. [Amended 12-9-2003 by Ord. No. 3843-03]

       [6] Minimum unoccupied open space: 30%.

       [7] Any multifamily development within this area shall be designed to minimize the use of Gem Avenue as access to the multifamily area and shall provide direct vehicular traffc access to the existing multifamily development located to the east of Gem Avenue.

       [8] Not less than 10%0 of the lot area of any multifamily development within this area shall be developed for recreational use and shall be made available for the use of the general public.

       (7) (Reserved)

       (8) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 9,000 square feel.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 1 10 feet on both streets.

       (4) Minimum lot depth: 120 feet.

       (5) Minimum front setback: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 15 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 10 feet with two combined side yards not less than 25 feel.

       (b) Accessory buildings: 10 feet.

       (c) Private swimming pools: 10 feet.

       (7.1) Maximum lot coverage by building: 30%o. [Added 12-9-2003 by Ord. No. 3843-03]

       (8)Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9)Minimum gross habitable floor area requirements: [Amended 2-9-1982 by Ord. No. 2068]

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedioom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 75 feet, a depth not less than 100 feet and an area not less than 7,500 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-90 Residential Zone, except that corner lots may have a reduced lot frontage on both streets of not less than 100 feet. [Amended 8-22-1978 by Ord. No. 1775]

       § 348-10.13. R-75 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, but excluding boatyards ( § 348-9.10).

       (4) Home professional offices ( § 348-9.11).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6) (Reserved)'

       (7) Single-family attached dwellings ( § 348-9.25). [Added 4-26-1983 by Ord. No. 166-83]

       (8) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 7,500 square feet.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 100 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 25 feet on local, local collector, and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 20 feet.

       (b) Accessory buildings: 12 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: eight feet with two combined side yards not less than 20 feet.

       (b) Accessory buildings: eight feet.

       (c) Private swimming pools: eight feet.

       (7.1) Maximum lot coverage by building: 30%. [Added 12-9-2003 by Ord. No. 3843-03]

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings' may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 50 feet, a depth not less than 90 feet and an area not less than 5,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-75 Residential Zone, except that the side setback requirements shall be reduced to eight feet minimum on each side for lots less than 75 feet in width; and corner lots may have a reduced lot frontage on one street of not less than 70 feet. [Amended 8-22-1978 by Ord. No. 1775; 2-9-1982 by Ord. No. 2068]

       § 348-10.14. R-50 Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for profit.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, but excluding boatyards ( § 348-9.10).

       (4) Home professional offices ( § 348-9.11).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6) (Reserved)

       (7) (Reserved) ,

       E. Area, yard and building requirements.

       (1) Minimum lot area: 5,000 square feet.

       (2) Minimum lot width: 50 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 90 feel on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 25 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 20 feet.

       (b) Accessory buildings: 10 feet.

       (c) Private swimming pools: eight feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: five feet with two combined side yards not less than 15 feet.

       (b) Accessory buildings: five feet.

       (c) Private swimming pools: five feet.

       (7.1) Maximum lot coverage by building: 35%. [Added 12-9-2003 by Ord. No. 3843-03]

       (8)Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 760 square feet.

       (b) Two-bedroom house: 860 square feet.

       (c) Three-bedroom house: 960 square feet.

       (d) Four-or-more-bedroom house: 1,060 square feet.

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 40 feel, a depth not less than 90 feet and an area not less than 4,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R-50 Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than 50 feet. [Amended 8-22-1978 by Ord. No. 1775]

       § 348-10.15. R-40A Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (3) Private and parochial schools not operated for prof-it.

       (4) Essential services.

       (5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter: [Amended 12-26-1978 by Ord. No. 18111; 4-8-1986 by Ord. No. 2389-86]

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4)Quasi-public and private club recreation areas ( § 348-9.18).

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 4,000 square feet.

       (2) Minimum lot width: 40 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 90 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5)Front yard setbacks. [Amended 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95; 9-24-1996 by Ord. No. 3196-96]

       (a) Minimum front setback: 20 feet unless 50% or more of the lots within 200 feet on the same side of the street are developed, then the minimum front setback shall be the average front setback of all principal buildings within 200 feet on the same side of the street but shall not be less than 15 feet or required to exceed 30 feet. In the event that the lot shall have a depth of less than 50 feet, then the minimum front setback shall be the average front setback of all principal buildings fronting on the same street and within the same block.

       (b) Maximum front yard setback: For construction other than additions and/or alterations, the maximum principal building front yard setback shall be no more than 10 feet greater than the minimum front yard setback determined in accordance with the above provisions.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 20 feet, except that on lots having a depth of less than 70 feet, the minimum rear yard setback shall be the average rear setback of all existing dwellings fronting on the same street within the same block. [Amended 2-22-1995 by Ord. No. 3084-95; 11-9-2004 by Ord. No. 3916-04]

       (b) Accessory buildings: eight feet.

       (c) Private swimming pools: eight feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: four feet with two combined side yards not less than 12 feet.

       (b) Accessory buildings: four feet.

       (c) Private swimming pools: four feet.

       (7.1) Maximum lot coverage by building

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4123- 07.

       (8)Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) (Reserved)

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width of not less than 40 feet, a depth not less than 70 feet and an area not less than 4,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township planning Board; and

       (d) The yard dimensions and- other requirements not involving area, depth or width shall conform to the regulations for the R-40A Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than 40 feet. [Amended 8-22-1978 by Ord. No. 1775]

       (11) Subject to the provisions of Subsection E(10)(a), (b), (c) and (d) above, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter in accordance with the following: [Amended 12-12-1990 by Ord. No. 2775-90]

       (a) In Blocks 1088, 1088.01, 1090, 920.08 (Lots 57 through 67 only), 920.09 (Lots 1 through 15 odd only), 1089 (Lots 10 through 97 and 108 through 114 only), 1090.01 (Lots 10 through 18 and 20 through 30 only), 1090.02 (Lots 2 through 9 and 31 through 47 only) and 1091 (Lots 2 through 19, 21 through 31, 34 through 53 and 57 through 115 only): on any parcel having a width of not less than 50 feet or a depth of not less than 38 feet, provided that said parcel shall contain a minimum of 2,280 square feet.

       (b) On Chadwick Beach Island on any parcel having a minimum of 3,500 square feet.

       (c) In Blocks 1087 and 1087.01: on any parcel having a width of not less than 50 feet or a depth of not less than 57 feet, provided that said parcel shall contain a minimum of 2,850 square feet.

       (d) In Blocks 921.14, 921.15, 921.11 (Lots 4 through 12 only), 921.12 (Lots 3 through 12 only) and 921.13 (Lots 1 through 15 only): on any parcel having a width of not less than 40 feet or a depth of not less than 57 feet, provided that said parcel shall contain a minimum of 3,200 square feet.

       (e) In Blocks 920.09 (Lots 4 through 14 even only), 920.10 (Lots 3 through 14 only) and 920.11 (Lots 3 through 13 only): on any parcel having a depth of not less than 57 feet and an area of not less than 4,000 square feet.

       §348-10.16. R-40B Residential Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Two-family dwellings.

       (3) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (4) Private and parochial schools not operated for profit.

       (5) Essential services.

       (6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter: [Amended 12-26-1978 by Ord. No. 1801; 6-11-1985 by Ord. No. 2329-85; 4-8-1986 by Ord. No. 2389-86]

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4) Boardinghouses and rooming houses ( § 348-9.13).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6) (Reserved)

       (7) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area:

       (a) Single-family dwellings: 4,000 square feet.

       (b) Two-family dwellings: 6,000 square feet.

       (2) Minimum lot width:

       (a) Single-family dwellings: 40 feet.

       (b) Two-family dwellings: 60 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 90 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5)Front yard setbacks. [Amended 6-13-1978 by Ord. No. 1760; 2-22-1995 by Ord. No. 3084-95; 9-24-1996 by Ord. No. 3196-96]

       (a) Minimum front setback: 20 feet unless 50% or more of the lots within 200 feet on the same side of the street are developed, then the minimum front setback shall be the average front setback of all principal buildings within 200 feet on the same side of the street but shall not be less than 15 feet or required to exceed 30 feet. In the event that the lot shall have a depth less than 50 feet, then the minimum front setback shall be the average front setback of all principal buildings fronting on the same street and within the same block.

       (b) Maximum front yard setback: For construction other than additions and/or alterations, the maximum principal building front yard setback shall be no more than 10 feet greater than the minimum front yard setback determined in accordance with the above provisions.

       (6)Minimum rear yard setback. [Amended 6-13-1978 by Ord. No. 1760; 5-13-1992 by Ord. No. 2911-92]

       (a) Principal building: 20 feet, except that on lots having a depth of less than 70 feet, the minimum rear setback shall be the average rear setback of all existing dwellings fronting on the same street within the same block. [Amended 11-9-2004 by Ord. No. 3916-04]

       (b) Accessory buildings: eight feet.

       (c) Private swimming pools: eight feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: four feet with two combined yards not less than 12 feet, except that in Ocean Beach Units 1,2 and 3 (including the peninsula section), the minimum side yard shall be two feet with two combined side yards not less than 12 feet. [Amended 10-26-2004 by Ord. No. 3913-04]

       (b) Accessory buildings: four feet.

       (c) Private swimming pools: four feet.

       (7.1) Maximum lot coverage by building

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4123- 07.

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) (Reserved)

       (10) In this zone, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter, which parcel shall have a width not less than 40 feet, a depth not less than 70 feet and an area not less than 4,000 square feet, provided that:

       (a) Such parcel shall consist of a single lot which is not contiguous to other lots in the same ownership; or

       (b) Such parcel shall consist of all the contiguous lots that are in the same ownership; or

       (c) If such parcel consists of a single lot contiguous to another lot or lots in the same ownership, the lot comprising the parcel shall have been created by a subdivision previously granted approval by the Dover Township Planning Board; and

       (d) The yard dimensions and other requirements not involving area, depth or width shall conform to the regulations for the R40B Residential Zone, except that corner lots may have a reduced lot frontage on one street of not less than 40 feet, and in the case of Ocean Beach Units 1,2 and 3, said corner lots may have a further reduced lot frontage on one street not less than 25 feet and frontage of 50 feet on the remaining street(s). [Amended 8-22-1978 by Ord. No. 1775; 10-26-2004 by Ord. No. 3911-04]

       (11) Subject to the provisions of Subsection E(10)(a), (b), (c) and (d) above, a single-family dwelling and customary accessory buildings may be erected on a parcel existing at the date of adoption of this chapter in accordance with the following:

       (a) In Ortley Beach, described as that section of Dover Township lying east of Barnegat Bay, south of the Borough of Lavallette and north of the Borough of Seaside Heights: on any parcel having a frontage of not less than 40 feet or a depth of not less than 60 feet, provided that said parcel shall contain a minimum of 2,480 square feet.

       (b) (Reserved)

       (c) In Blocks 920.01, 920.02, 920.03, 920.06, 920.07, 921, 921.01, 921.02, 921.03, 921.04, 921.05, 920.05 (Lots 22 through 50 only), 920.08 (Lots 19 through 47 only), 921.06 (Lots 10 through 47 only), 921.07 (Lots 10 through 47 only) and 921.08 (Lots 9 through 25 only): on any parcel having a width of not less than 30 feet or a depth of not less than 30 feet, provided that said parcel shall contain a minimum of 1,500 square feet. [Amended 12-12-1990 by Ord. No. 2775-90]

       (d) (Reserved)

       (e) In Blocks 919.01, 919.02, 919.03, 919.04 and 919.05: on any parcel having a width of not less than 37 feet or a depth of not less than 50 feet, provided that said parcel shall contain a minimum of 2,000 square feet. [Amended 12-12-1990 by Ord. No.2775-90]

       (1) In Blocks 940.01, 940.02, 940.03, 940.04, 940.05, 944.29, 944.30 and 944:28 (Lots 1 through 10 only): on any parcel having an area of not less than 3,000 square feet. [Amended 12-12-1990 by Ord. No. 2775-90]

       (g) In Ocean Beach, Units 1, 2 and 3 (including the peninsula section): on any parcel containing a minimum of 1,250 square feet.

       (h) In Blocks 944.02, 944.03, 945.02, 945.03, 944.01 (Lots 4 through 22 only), 945.01 (Lots I through 21 only) and 945.04 (Lots 4 through 20 even only): on any parcel having a width of not less than 30 feet or a depth of not less than 30 feel, provided that said parcel shall contain a minimum of 1,500 square feet. [Added 12-12-1990 by Ord. No. 2775-90]

       (i)In Blocks 943.02, 943.03 and 943.01 (Lots 82 through 126 only): on any parcel having a width of not less than 50 feet or a depth of not less than 50 feet, provided that said parcel shall contain a minimum of 2,500 square feet. [Added 12-12-199(1 by Ord. No. 2775-90]

       § 348-10.17. MF-6 Multifamily Zone.

       A. Permitted uses [Amended 4-11-1990 by Ord. No. 2729-90; 12-261991 by Ord. No. 2881-91]

       (1) Multifamily dwellings at a subject to the provisions of § 348-8.18 and § 348-10.17F. All developments shall comply with Article XI and 10% of the total number of units developed must be provided for low-income households, and 10%, of the total number of units developed must be provided for moderate-income households.

       **Webmasters Note: The subsection above A.(1) have been amended as per Ordinance No. 4064-06

       (2) Single-family dwellings.

       (3) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (4) Private and parochial schools not operated for profit.

       (5) Essential services.

       (6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4)Quasi-public and private club recreation areas ( § 348-9.18).

       (5) Reserved

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area:

       (a) Multifamily dwellings: five acres.

       (b) Single-family dwellings: 15,000 square feet.

       (2) Minimum lot width: 100 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 55 feet.

       (b) Corner lot: 110 feet on both streets.

       (4) Minimum lot depth: 140 feet.

       (5) Minimum front setback:

       (a) Multifamily dwellings: 75 feet.

       (b) Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Multifamily dwellings: 40 feet.

       (b) Single-family dwellings:

       [1] Principal and accessory buildings: 30 feet.

       [2] Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Multifamily dwellings: 40 feet.

       (b) Single-family dwellings:

       [1] Principal and accessory buildings: 15 feet.

       [2] Private swimming pools: 10 feet.

       (8) Minimum unoccupied open space for multifamily dwellings: 40%.

       (9)Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 9-12-2000 by Ord. No. 3551-00]

       (10) Minimum gross habitable floor area for single-family dwellings:

       (a) One-bedroom house: 1,060 square feet.

       (b) Two-bedroom house: 1,160 square feet.

       (c) Three-bedroom house: 1,260 square feet.

       (d) Four-or-more-bedroom house: 1,360 square feet.

       F. Multifamily densities. The number of bedrooms provided per dwelling unit has a direct effect on the density of a residential development in terms of the number of occupants and/or residents and consequently the number of automobiles likely to be owned and stored on the site. For this reason the following densities are permitted:

       (1) Multifamily dwellings may be developed at a density not to exceed seven dwelling units per gross acre, provided that the number of bedrooms, calculated in accordance with the definitions in this chapter for efficiency, one-bedroom, two-bedroom and three-bedroom apartment units, does not exceed nine bedrooms per gross acre. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to issuance of a building permit.

       (2) Multifamily dwellings limited to occupancy by families or individuals with the head of the household being 55 years of age or older may be developed at a density not to exceed eight dwelling units per gross acre, and the number of off-street parking spaces provided shall not be less than 1 spaces per dwelling unit.

       **Webmasters Note: The subsection above F. (1) thru (2) have been amended as per Ordinace No. 4064-06

       **Webmasters Note: § 348-10.17.1. Mr-AH Affordable Housing Multifamily Zone and § 348-10.17.2. MHP-ARAH Mobile Home Park Age-Restricted Affordable Housing Zone have been removed as per Ordinance No. 4064-06

       § 348-10.17.3. MF-10-AH Multifamily Affordable Housing Zone. [Added 10-26-2004 by Ord. No. 3914-04]

       A. Permitted uses.

       (1) Multifamily dwelling at a density not to exceed 10 units per gross acre, subject to the provisions of § 348-8.18 and the provisions herein. In the case of any conflicts, the provisions herein shall apply. If all market rate units are limited to one- and/or two-bedroom non-age-restricted apartments, the total number of market rate units may be increased by an additional 10 one- and/or two-bedroom apartments. Any development must comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.

       (2) Recreational facilities, for the sole use of residents of the development and their guests, including but not limited to pools, clubhouses, tennis courts, volleyball courts and bocce courts.

       (3) Essential services.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20 as modified herein.

       C. Permitted accessory uses.

       (1) Fences subject to § 348-8.13

       (2)Signs subject to § 348-8.26

       (3) Other customary accessory uses and buildings which are clearly incidental to the principal use and building

       D. (Reserved)

       E. Area, yard and building requirements. Development shall be in accordance with § 348-8-18. In the event of a conflict, the provisions set forth herein shall control.

       (1) Minimum lot area: six acres.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage: 110 feet.

       (4) Minimum lot depth: 120 feet.

       (5) Minimum front setback: 60 feet, provided that an average of 65 feet is achieved, and provided that no three-story building is situated closer than 75 feet to the public street except that the minimum front yard setback shall be 100 feet along the frontage of a New Jersey State highway:

       (a) Minimum setback from drives and circulation roadways: 30 feet with sidewalks, 25 feet without sidewalks.

       (b) Minimum setback from parking areas: 20 feet.

       (c) Parking area setback from public right of way: 25 feet.

       (6) Minimum rear yard setback: 40 feet.

       (7) Minimum side yard setback: 40 feet.

       (8) Minimum unoccupied open space: 30%.

       (9) Maximum lot coverage: 30%.

       (10) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted, vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (11) Minimum distance between buildings:

       (a) No windows either building: 25 feet.

       (b) One or both buildings with windows: 40 feet.

       (12) Minimum distance from building to garage or carport: 40 feet.

       (13) Buildings shall have no more than two units in a line without setbacks and/or breaks in building elevation of at least three feet.

       (14) Maximum building length: 190 feet excluding chimneys and/or covered porches.

       (15) Recreation area.

       (a) Minimum area per unit:.250 square feet.

       (b) Pool size: 15 square feet per unit, but not less than 500 square feet nor more than 3,500 square feet is required.

       (16) Minimum gross habitable floor area.

       (a) Market units: no minimum unit size.

       (b) Affordable units: no minimum unit size.

       (17) Parking.

       (a) Number of parking stalls. A minimum of two parking stalls per unit shall be provided. Of this sum, not more than 15% shall be compact stalls, and not less than 2% shall be handicap parking spaces.

       (b) Parking stall sizes. Minimum parking stall size shall be 8 1/2 feet by 18 feet, except as provided below

       [1] Handicap parking stalls shall comply with Subsection C, Parking space design, and Subsection D, Parking space signage of § 348-8.38 entitled "Handicapped facilities," and the American with Disabilities Act, Public Law 348-366.

       [2] Minimum compact vehicle stalls shall be eight feet by 18 feet

       (18) Road width.

       (a) Entrance roads: minimum 40 feet: two lanes, one egress 18 feet in width and one ingress 18 feet in width, separated by an island of not less than four feet in width.

       (b) Interior roads:

       [1] With rolled curbs: 26 feet.

       [2] With vertical curbs: 38 feet.

       (19) Bedroom mix.

       (a) Market rate units: as set forth in Subsection A(1) above.

       (b) Affordable units: in accordance with COAH regulations.

       (20) Refuse storage areas shall be provided at not less than the rate of 100 square feet per 20 units and shall be located within 300 feet of the entrance to the units to be served.

       §348-10.17.4. MF-4 Multifamily Zone.

       A. Permitted uses.

       (1) Multifamily dwellings subiect to the provisions of § 348-8.18 and § 348-10 17.4F.

       (2) Townhouse dwellings subiect to the provisions of §348-8.40 and § 348-10.17.4E

       (3) Single-family dwellings in accordance with the provisions of the R-75 Residential Zone as found at § 348-10.13E.

       (4) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (5) Private and parochial schools not operated for profit.

       (6) Essential services.

       (7) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subiect to the provisions of § 348-8.20.

       C. Permitted accessory uses.

       (1) Fences subiect to the provisions of § 348-8.13.

       (2) Private swimming pools subiect to the provisions of § 348-8.21.

       (3) Signs subject to the provisions of § 348-8.26. Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       D. Conditional uses subiect to the provisions of Article IX of this chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4) Quasi-public and private club recreation areas ( § 348-9.18)

       E. Area, yard and building requirements for multifamily and townhouse dwellings.

       (1) Minimum lot area: five acres.

       (2) Minimum lot width: 200 feet.

       (3) Minimum lot frontage: 200 feet.

       (4) Minimum lot depth: 150 feet.

       (5) Minimum front setback, subiect to the provisions of § 348-8.18 and § 348-8.40.

       (6) Minimum rear yard setback, subject to the provisions of § 348-8.18 and § 348-8.40.

       (7) Minimum side yard setback, subject to the provisions of § 348-8.18 and § 348-8.40.

       (8) Minimum unoccupied open space for multifamily dwellings: 40%.

       (9) Maximum building height: 35 feet, subject to the provisions of §348-5.12. In any event, the building shall not contain more than three usable floor levels in multifamily and townhouse complexes, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4182- 09.

       F. Multifamily densities. The number of bedrooms provided per dwelling unit has a direct effect on the density of a residential development in terms of the number of occupants and/or residents and consequently the number of automobiles likely to be owned and stored on the site. For this reason the following densities are permitted:

       (1) Multifamily and townhouse dwellings may be developed at a density not to exceed 7.2 dwelling units per gross acre, provided that the number of bedrooms, calculated in accordance with the definitions in this chapter for efficiency, one-bedroom, two bedroom and three-bedroom apartment units, does not exceed 14 bedrooms per gross acre. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4182- 09.

       (2) Multifamily dwellings limited to occupancy by families or individuals with the head of the household being 55 years of age or older may be developed at a density not to exceed eight dwelling units per gross acre and the number of off-street parking spaces provided shall not be less than 1 1/2 spaces per dwelling unit.

       §348-10.17.5. MF-12-AH Multifamily Affordable Housing Zone.

       A. Permitted uses.

       (1) Multifamily dwelling at a density not to exceed 12 units per gross acre subject to the provisions of § 348-8.18 and the provisions herein. All units shall be affordable to low and moderate-income households and must comply with Article XI. Any multifamily development that includes market-rate housing shall be developed in accordance with the provisions of §348-10.17.4 MF-4 Multifamily Zone.

       (2) Recreational facilities for the sole use of residents of the development and their quests, including but not limited to pools clubhouses tennis courts volleyball courts and bocce courts.

       (3) Essential services.

       B. Required accessory uses.

       (1) Off-street parking subiect to the provisions of § 348-8 20 as modified herein.

       (C) Permitted accessory uses.

       (1) Fences subiect to § 348-8.13

       (2) Signs subiect to § 348-8.26

       (3) Other customary accessory uses and buildings which are clearly incidental to the principal use and building

       D. Reserved

       E. Area yard and building requirements. Development shall be in accordance with § 348-8-18. In the event of a conflict the provisions set forth herein shall control.

       (1) Minimum lot area: six acres.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage: 110 feet.

       (4) Minimum lot depth: 120 feet.

       (5) Minimum front setback: 60 feet

       (a) Minimum setback from drives and circulation roadways: 30 feet with sidewalks, 25 feet without sidewalks.

       (b) Minimum setback from parking areas: 20 feet.

       (c) Parking area setback from public right of way: 25 feet.

       (6) Minimum rear yard setback: 40 feet.

       (7) Minimum side yard setback: 40 feet.

       (8) Minimum unoccupied open space: 30%.

       (9) Maximum lot coverage by buildings: 30 % .

       (10) Maximum building height: 35 feet subiect to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (11) Minimum distance between buildings:

       (a) No windows either building: 25 feet.

       (b) One or both buildings with windows: 40 feet.

       (12) Minimum distance from building to garage or carport: 40 feet.

       (13) Buildings shall have no more than two units in a line without setbacks and/or breaks in building elevation of at least three feet.

       (14) Maximum building length 190 feet excluding chimneys and/or covered porches

       (15) Recreation area.

       (a) Minimum area per unit: 250 square feet.

       (b) Pool size 15 square feet per unit but not less than 500 square feet nor more than 3.500 square feet is required.

       (16) Parking.

       (a) Number of parking stalls A minimum of two parkinq stalls per unit shall be provided Of this sum not more than 15 % shall be compact stalls and not less than 2 % a shall be handicap parking spaces.

       (b) Parking stall sizes Minimum parking stall size shall be 8 feet by 18 feet, except as provided below

       [1] Handicap parking stalls shall comply with Subsection C Parking space design, and Subsection D Parking space signage of § 348-8 38 entitled "Handicapped facilities," and the American with Disabilities Act, Public Law 348-366.

       [2] Minimum compact vehicle stalls shall be eight feet by 18 feet

       (17) Road width.

       (a) Entrance roads minimum 40 feet two lanes one egress 18 feet in width and one ingress 18 feet in width separated by an island of not less than four feet in width.

       (b) Interior roads:

       [1] With rolled curbs: 26 feet.

       [2] With vertical curbs: 38 feet.

       (18) Bedroom mix shall be in accordance with COAH regulations.

       (19) Refuse storage areas shall be provided at not less than the rate of 100 Square feet per 20 units and shall be located within 300 feet of the entrance to the units to be served.

       **Webmasters Note: The sections above, 348-10.17.4 and 348-10.17.5 have been added as per Ordinance No. 4064-06

       § 348-10.18. MF-16 Multifamily Zone. [Amended 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No. 2389-86; 4-16-1987 by Ord. No. 2481-87]

       A. Permitted uses.

       (1) Multifamily dwellings at a density not to exceed 16 units per gross acre, subject to the provisions of § 348-8.18. However, where a lot to be developed consists of not less than 10,000 square feet up to and including not more than 10,890 square feet, a total of four multifamily dwelling units may be constructed on such lot. This provision is limited solely to a lot containing not less than 10,000 square feet nor more than 10,890 square feet. Otherwise, a lot containing any other dimensions shall be controlled by a calculation based upon 16 units per gross acre. All developments shall comply with Article XI and 10% of the total number of units developed must be provided for low-income households and 10 % of the total number of units developed must be provided for moderate-income households. [Amended 12-261991 by Ord. No. 2881-91]

       **Webmasters Note: The subsection above (1) has been amended as per Ordinance No. 4064- 06

       (2) Single-family dwellings in accordance with the requirements of § 348-10.15.

       (3)Two-family dwellings in accordance with the requirements of § 348-10.16.

       (4) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses. garages and storage yards.

       (5) Private and parochial schools not operated for profit.

       (6) Essential services.

       (7) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of §348-8.20, in addition to Subsections H and P herein.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Private swimming pools subject to the provisions of § 348-8.27.

       (3) Signs subject to the provisions § 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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, excluding boatyards ( § 348-9.10).

       (4) Home professional offices ( § 348-9.11).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6) (Reserved)

       (7) (Reserved)

       E. Area, yard and building requirements. Development shall be in accordance with § 348-8.18. In the event of conflict with the provisions of § 348-8.18, the provisions set forth here shall control.

       (1) Minimum lot area: 10,000 square feet.

       (2) Minimum lot width: 100 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 100 feet both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 35 feet.

       (6) Minimum rear yard setback:

       (a) Principal structures: 20 feet.

       (b) Accessory buildings: 15 feet, unless greater setback is required for buffer and screening strips.

       (c) Private swimming pools: 10 feet, unless greater setback is required for buffer and screening strips.

       (d) Parking areas: five feet, unless greater setback is required for buffer and screening strips.

       (7) Minimum side yard setback:

       (a) Principal structure: 20 feet.

       (b) Accessory buildings: 15 feet, unless greater setback is required for buffer and screening strips.

       (c) Swimming pools: 10 feet, unless greater setback is required for buffer and screening strips.

       (d) Parking areas: five feet, unless greater setback is required for buffer and screening strips.

       (8) Minimum unoccupied open space: 15%.

       (9)Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       F. Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of three feet for each one foot in height of the tallest building or building wing.

       G. Variable bulk plane setback. The vertical plane of the building at the front, rear or side setback lines shall not exceed an inclined line of 40 from the horizontal established from the center line of the road or from a point four feet onto adjacent property and four feet vertical, which point is presumed to be the mid-height of a window on an adjacent property.

       H. Garage and/or carport parking space shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it, which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.

       I. Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection; shall not be part of, shall not restrict or occupy any parking aisle; shall not be located further than 300 feet from the entrance to any unit which it is intended to serve; and shall be screened in accordance with the requirements of § 348-8.27.

       J. Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dusk to dawn. Lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining properties.

       K. Recreation.

       (1) Passive recreation areas, such as pathways, seating areas and lawns, shall be provided and suitably arranged throughout any multifamily site.

       (2) If a swimming pool area or areas are to be installed, they shall include a pool of a size at least equivalent to 15 square feet per unit, provided that no pool less than 500 square feet shall be allowed, and no pool greater than 3,000 square feet shall be required. Suitable provisions for lavatories and storage shall be provided in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8.

       L. Building elevation break. Buildings shall have no more than two dwelling units in a line without setbacks and/or breaks in building elevation of at least five feet.

       M. Walkways. Concrete walkways, at least four feet wide or of such other dimension and composition as may be approved by the Planning Board, shall be provided where normal pedestrian traffic is likely to occur.

       N. Internal roadways. Internal roadways shall be constructed in accordance with the standards for public streets in this chapter.

       O. Bedrooms. All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom.

       P. Parking. In addition to the requirements of § 348-8.20, two parking spaces shall be provided for the first bedroom of each unit plus an additional parking space for each additional bedroom per unit thereafter. Computation for the satisfaction of this requirement shall be predicated on the total bedroom count for the complex rather than the individual units.

       § 348-10.18.1. MF-8 Multifamily Zone. [Added 4-16-1987 by Ord. No. 2481-87]

       A. Permitted uses [Amended 4-11-1990 by Ord. No. 2729-90; 12-26-1991 by Ord. No. 2881-91]

       (1) Multifamily dwellings subject to the provisions of § 348-8.18, except and as otherwise provided in § 348-10.18.1 F. All developments shall comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households..

       **Webmasters Note: The subsection above A. have been amended as per Ordinance No. 4064- 06

       (2) Single-family dwellings.

       (3) Federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards.

       (4) Private and parochial schools not operated for profit.

       (5) Essential services.

       (6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, but excluding boatyards ( § 348-9.10).

       (4) Home professional offices ( § 348-9.11).

       (5) Quasi-public and private club recreation areas ( § 348-9.18).

       (6) (Reserved)

       (7) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area:

       (a) Multifamily dwellings: four acres.

       (b) Single-family dwellings: 9,000 square feet.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 40 feet.

       (b) Corner lot: 110 feet on both streets.

       (4) Minimum lot depth: 120 feet.

       (5) Minimum front setback:

       (a) Multifamily dwellings: 75 feet.

       (b) Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (6) Minimum rear yard setback:

       (a) Multifamily dwellings: 40 feet.

       (b) Single-family dwellings:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 15 feet.

       [3] Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Multifamily dwellings: 40 feet.

       (b) Single-family dwellings:

       [1] Principal buildings: 10 feet, with two combined side yards not less than 25 feet.

       [2] Accessory buildings: 10 feet.

       [3] Private swimming pool: 10 feet.

       (8) Minimum unoccupied open space for multifamily dwellings: 30%.

       (9) Maximum building height: 50 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building

       **Webmasters Note: The subsection above (9) has been amended as per Ordinance No. 4064- 06

       (10) Minimum gross habitable floor area for single-family dwellings:

       (a) One-bedroom house: 960 square feet.

       (b) Two-bedroom house: 1,060 square feet.

       (c) Three-bedroom house: 1,160 square feet.

       (d) Four-or-more-bedroom house: 1,260 square feet.

       F. Multifamily densities. The number of bedrooms provided per dwelling unit has a direct effect on the density of a residential development in terms of the number of occupants and/or residents and consequently the number of automobiles likely to be owned and stored on the site. For this reason, the following densities are permitted:

       (1) Multifamily dwellings may be developed at a density not to exceed 16 bedrooms per gross acre. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plans and building plans shall specify the location of each type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit. Three bedroom units provided under the terms of Article XI for low and moderate income households shall not be included in the calculation of bedroom density.

       (2) Multifamily dwellings limited to occupancy by families or individuals with the head of the household being 55 years of age or older may be developed at a density not to exceed 10 dwelling units per gross acre, and the number of off-street parking spaces provided shall not be less than 1 spaces per dwelling unit.

       **Webmasters Note: Subsection F (1) and (2) have been amended as per Ordinance No. 4064- 06

       § 348-10.18.2. MP-10 Multifamily Zone. [Added 12-21-1991 by Ord. No. 2881-91]

       A. Permitted uses.

       (1) Multifamily dwellings at a density not to exceed 10 dwelling units per gross acre with a one-hundred-percent affordable housing set-aside, subject to the provisions of § 348-8.18, except as otherwise provided in § 348-10.18:2F and in accordance with Article X1.

       (2) Recreation, cultural and other such facilities for the sole use of residents of the development and their guests, including but not limited to:

       (a) Clubhouses.

       (b) Picnic grounds.

       (c) Playgrounds.

       (d) Shuffleboard, horseshoe and tennis courts,

       (e) Swimming pools.

       (f) Licensed day-care facilities.

       (g) Maintenance buildings.

       (h) Administrative/rental buildings.

       (3) Essential services.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Signs subject to the provisions of § 348-8.26.

       (3) Other customary uses which are clearly incidental to the principal use of the building.

       D. (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: five acres.

       (2) Minimum lot width: 100 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 55 feet.

       (b) Corner lot: 110 feet.

       (4) Minimum lot depth: 140 feet.

       (5) Minimum front setback: 75 feet.

       (6) Minimum rear yard setback: 40 feet.

       (7) Minimum side yard setback: 40 feet.

       (8) Minimum unoccupied open space: 20%.

       (9) Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation at the corners of the building.

       F. Affordable housing agreement required.

       **Webmasters Note: Subsection F has been removed as per Ordinace No. 4064-06

       § 348-10.18.3. O-10C Office Zone. [Added 6-9-2004 by Ord. No. 3880-04]

       A. Permitted uses.

       (1) General, professional or medical office.

       (2) Financial institution.

       (3) Full-service restaurant that can generally be characterized by the presence of wait staff, not including fast-food, drive-in or drive-through establishments or those that primarily serve food for off-premises consumption.

       (4) Indoor recreation facility.

       (5) Federal, state, county and municipal offices, including public schools and educational offices.

       (6) Community residences for the developmentally disabled and community shelters for victims of domestic violence, housing not more than six persons, excluding the resident staff.

       (7) Child-care centers.

       (8) Adult-care centers.

       (9) Private and parochial schools not operated for profit.

       (10) Schools for vocational instruction.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       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 § 348-826.

       (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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities, ( § 348-9.6).

       (3) Research laboratories ( § 348-9.22)

       (4)Community shelters for victims of domestic violence (see § 348-9.28).

       (5) Hotels and motels ( § 348-9.15), provided such facility has access to both Fischer Boulevard and Hooper Avenue, and provided further that such facility shall not exceed six stories or 65 feet in height.

       **Webmasters Note: The subsection above (5) has been added as per Ordinance No. 4064-06

       E. Area, yard and building requirements.

       (1) Minimum lot area: two acres.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage: 150 feet.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback:

       (a) Principal and accessory buildings: 100 feet.

       (b) Parking areas and vehicular circulation aisles: 35 feet.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 30 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 20 feet with two combined side yards not less than 50 feet.

       (b) Accessory buildings: 20 feet.

       (8) Maximum building height: 40 feet subject to the provisions of § 348-5.12, In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Minimum floor area: 1,500 square feet.

       (10) Maximum lot coverage by principal and accessory buildings: 10%, except that structures having 80% or more of their gross floor area on a single level shall be permitted a lot coverage of 15%.

       (11) Minimum unoccupied open space: 65%.

       § 348-10.19. 0-10 Office Zone.

       A. Permitted uses.

       (1) (Reserved)

       (2) Offices for members of a recognized profession as defined in this chapter.

       (3) Offices of a business or public utility not involving the retail sale of goods.

       (4) An office building with 5,000 square feet or more of gross floor area may utilize a portion of the first floor, not to exceed 10% of the gross floor area of the office building, for types of retail trade which are ancillary to the office use and/or service workers during normal working hours. Such retail use must be located on the first floor of the office building, shall not be permitted in a separate building on the site and shall not have a separate exterior access or outdoor identification signage. The types of retail uses permitted include: [Amended 4-11-1990 by Ord. No. 2729-90]

       (a) Restaurants and luncheonettes, but not including drive-in restaurants or restaurants which depend largely on takeout service for off-premises consumption.

       (b) (Reserved)

       (c) (Reserved)

       (d) (Reserved)

       (e) Retail uses which are normally and/or continually utilized by offices and office workers during normal working hours and do not primarily service the nonoffice worker and/or evening shopper.

       (5) Banks and financial institutions.

       (6) Federal, state, county and municipal offices, including public schools and educational offices. [Amended 2-25-1997 by Ord. No. 3230-97]

       (7) Medical and dental clinics.

       (8) Essential services.

       (9) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       (10) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (11) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196-96]

       (12) Private and parochial schools not operated for profit. [Added 2-25-1997 by Ord. No. 3230-97]

       (13) Schools for vocational instruction. [Added 2-25-1997 by Ord. No. 3230-97]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       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 chapter. [Amended 12-26-1978 by Ord. No. 1801]

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities ( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4) Research laboratories ( § 348-9.22)

       (5) (Reserved)

       (6) (Reserved)

       (7) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area:

       (a) Single-family dwellings: 15,000 square feet.

       (b) Offices: one acre (43,560 square feet).

       (2) Minimum lot width:

       (a) Single-family dwellings: 100 feet.

       (b) Offices: 150 feet.

       (3) Minimum lot frontage:

       (a) Single-family dwellings:

       [1] Interior lot: 50 feet.

       [2] Corner lot: 110 feet on both streets.

       (b) Offices: 150 feet.

       (4) Minimum lot depth:

       (a) Single-family dwellings: 140 feet.

       (b) Offices: 200 feet.

       (5) Minimum front setback:

       (a) Minimum front setback: 40 feet on local, local collector and minor collector streets and 60 feet on major collector, minor or principal arterial highways. [Amended 2-22-1995 by Ord. No. 3084-95]

       (b) Offices:

       [1] Principal and accessory buildings: 100 feet.

       [2] Parking areas and vehicular circulation aisles: 35 feet.

       (6) Minimum rear yard setback:

       (a) Single-family dwellings:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 20 feet.

       [3] Private swimming pools: 10 feet.

       (b) Offices:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 30 feet.

       (7) Minimum side yard setback:

       (a) Single-family dwellings:

       [1] Principal building and accessory buildings: 15 feet.

       [2] Private swimming pools: 10 feet.

       (b) Offices:

       [1] Priricipal buildings: 20 feet with two combined side yards not less than 50 feet.

       [21 Accessory buildings: 20 feet.

       (8) Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 4-25-2001 by Ord. No. 3597-01]

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 1,060 square feet.

       (b) Two-bedroom house: 1,160 square feet.

       (c) Three-bedroom house: 1,260 square feet.

       (d) Four-or-more-bedroom house: 1,360 square feet.

       (10) Minimum floor area for offce buildings: 1,500 square feet.

       (11) Maximum lot coverage by buildings: 10%, except that structures having 80%0 or more of their gross floor area on a single level shall be permitted a lot coverage of 15%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (12) Minimum unoccupied open space: 35%.

       § 348-10.20. O-15 Office Zone.

       A. Permitted uses.

       (1) (Reserved)

       (2) Offices for members of a recognized profession as defned in this chapter.

       (3) Offices of a business or public utility not involving the retail sale of goods.

       (4) An office building with 5,000 square feet or more of gross floor area may utilize a portion of the first floor, not to exceed 10% of the gross floor area of the office building, for types of retail trade which are ancillary to the office use and/or service workers during normal working hours. Such retail use must be located on the first floor of the office building, shall not be permitted in a separate building on the site and shall not have a separate exterior access or outdoor identification signage. The types of retail uses permitted include: [Amended 4-11-1990 by Ord. No. 2729-90]

       (a) Restaurants and luncheonettes, but not including drive-in restaurants or restaurants which depend largely on takeout service for off-premises consumption.

       (b) (Reserved)

       (c) (Reserved)

       (d) (Reserved)

       (e) Retail uses which are normally and/or continually utilized by offices and office workers during normal working hours and do not primarily service the non-office worker and/or evening shopper.

       (5) Banks and financial institutions.

       (6) Federal, state, county and municipal offices, including public schools and educational offices. [Amended 2-25-1997 by Ord. No. 3230-97]

       (7) Medical and dental clinics.

       (8) Essential services.

       (9) Community residences for the developmentally disabled and community shelters for victims of domestic violence, housing not more than six persons, excluding the resident staff. [Added 4-11-1990 by Ord. No. 2729-90]

       (10) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (11) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196-96]

       (12) Private and parochial schools not operated for profit. [Added 2-25-1997 by Ord. No. 3230-97]

       (13) Schools for vocational instruction. [Added 2-25-1997 by Ord. No. 3230-97]

       (14) Full-service restaurant that can generally be characterized by the presence of wait staff, not including fast-food, drive-in or drive-through establishments or those that primarily serve food for off premises consumption.

       **Webmasters Note: The previous subsection has been added as per Ordinance No. 4183-09.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       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 § 348-826.

       (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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities-( § 348-9.6).

       (3) Home professional offices ( § 348-9.11).

       (4)Research laboratories ( § 348-9.22).

       (5) (Reserved)

       (6) Community residences for the developmentally disabled ( § 348-9.24). [Added 12-26-1978 by Ord. No. 1801]

       (7) Community shelters for victims of domestic violence (see § 348-9.28). [Added 4-11-1990 by Ord. No. 2729-90]

       (8) Hotels and motels (§348-9.15)

       **Webmasters Note: The previous subsection has been added as per Ordinance No. 4164-08.

       E. Area, yard and building requirements.

       (1) Minimum lot area:

       (a) Single-family dwellings: 9,000 square feet.

       (b) Offices: one acre (43,560 square feet).

       (2) Minimum lot width:

       (a) Single-family dwellings: 75 feet.

       (b) Offices: 150 feet.

       (3) Minimum lot frontage:

       (a) Single-family dwellings:

       [1] Interior lot: 40 feet.

       [2] Corner lot: 110 feet on both streets.

       (b) Offices: 150 feet.

       (4) Minimum lot depth:

       (a) Single-family dwellings: 120 feet.

       (b) Offices: 200 feet.

       (5) Minimum front setback:

       (a) Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.

       (b) Offices: 100 feet.

       [1] Principal and accessory buildings: 100 feet.

       [2] Parking areas and vehicular circulation aisles: 35 feet.

       (6) Minimum rear yard setback:

       (a) Single-family dwellings:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 15 feet.

       [3] Private swimming pools: 10 feel.

       (b) Offices:

       [1] Principal buildings: 30 feet.

       [2] Accessory buildings: 20 feet.

       (7) Minimum side yard setback:

       (a) Single-family dwellings:

       [1] Principal buildings: 10 feet with two combined side yards not less than 25 feet.

       [2] Accessory buildings: 10 feet.

       [3] Private swimming pools: 10 feet.

       (b) Offices:

       [1] Principal buildings: 20 feet with two combined side yards not less than 50 feet.

       [2] Accessory buildings: 20 feet.

       (8)Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 4-25-2001 by Ord. No. 3597-01]

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 960 square feet.

       (b) Two-bedroom house: 1,060 square feet.

       (c) Three-bedroom house: 1,160 square feet.

       (d) Four-or-more-bedroom house: 1,260 square feet.

       (10) Minimum floor area for office buildings: 1,500 square feet.

       (11) Maximum lot coverage by buildings: 15%, except that structures having 80%n or more of their gross floor area on a single level shall be permitted a lot coverage of 22.5%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (12) Minimum unoccupied open space: 20%.

       §348-10.21. VO Village Office Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Offices for members of a recognized profession as defined in this chapter.

       (3) Business offices or public utility in that portion of the zone east of the Garden State Parkway only. [Amended 6-13-1990 by Ord. No. 2748-90]

       **Webmasters Note: The subsection (3) above has been amended as per Ordinance No. 4064- 06

       (4) Federal, state, county and municipal offices, including educational offices. [Amended 2-25-1997 by Ord. No. 3230-97]

       **Webmasters Note: Subsection (5) has been removed as per Ordinance No. 4064-06

       (6) Essential services.

       (7) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       (8) Funeral homes, including one dwelling unit, in that portion of the zone east of the Garden State Parkway only. [Added 4-11-1990 by Ord. No. 2729-90; amended 6-13-1990 by Ord. No. 2748-90]

       **Webmasters Note: Subsection(9) has been removed as per Ordinance No. 4064-06

       (10) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (11) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196-96]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       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 chapter.

       (1) Churches and places of worship ( § 348-9.5).

       (2) Public utilities in that portion of the zone east of the Garden State Parkway only. [Amended 6-13-1990 by Ord. No. 2748-90]

       (3) (Reserved)

       (4) (Reserved)

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 7,500 square feet.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 100 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 35 feet.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 25 feet.

       (b) Accessory buildings: 15 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 15 feet.

       (b) Accessory buildings: 10 feet.

       (c) Private swimming pools: 10 feet.

       (8) Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 6-11-1985 by Ord. No. 2329-85; 4-25-2001 by Ord. No. 3597-01]

       **Webmasters Note: The subsection above (8) has been amended as per Ordinance No. 4064- 06

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) Floor area for office building: minimum 1,000 square feet; maximum 5,000 square feet above grade level. [Amended 6-13-1990 by Ord. No. 2748-90]

       (11) Maximum lot coverage by buildings: 25%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (12) Minimum unoccupied open space: 15%.

       (13) Maximum floor area ratio for office buildings: 30

       **Webmasters Note: The Subsection (13) has been added as per Ordinance No. 4064-06

       F. Architectural design. All building plans for the restoration of existing buildings or new development shall conform to the architectural guidelines prepared by the Site Plan Review Advisory Board and approved by the Planning Board.

       G. Alternate regulations for restoration of existing buildings and/or new development.

       **Webmasters Note: Subsection G has been removed as per Ordinance No. 4064-06

       H. Cross access easements. The Planning Board may require, as a condition of site plan approval, that the owner convey vehicular cross access easements) to adjacent properties located in the Village Office Zone. [Added 4-26-1983 by Ord. No. 2166-83]

       §348-10.22. VB Village Business Zone.

       A. Permitted uses.

       (1) The retail sale of goods which may include the following:

       (a) Grocery stores.

       (b) Drugstores.

       (c) Dry goods stores.

       (d) Meat and poultry stores.

       (e) Baked goods stores.

       (f) Packaged liquor stores.

       (g) Flower shops.

       (h) Confectionary stores.

       (i) Household supplies stores.

       (j) Stationery supplies, tobacco and periodical stores.

       (k) Haberdashery, dress goods and notions.

       (l) Hardware, plumbing supplies and electrical supplies.

       (m) Boat supplies.

       (n) Shops of artisans and craftsman.

       (o) Furniture and appliance stores.

       (p) Gift shops.

       (2) Personal service establishments which may include the following , but shall not include tattoo parlors and body piercing

       **Webmasters Note: The Subsection above (2) has been amended as per Ordinance No. 4064- 06

       (a) Barbershops and beauty shops.

       (b) Tailoring and dressmaking shops.

       (c) Dry-cleaning and laundry collection shops, but not including self-service laundries.

       (d) Shoe repair shops.

       (e) Appliance repair shops.

       (f) Radio and television repair shops.

       (g) Art, music, dancing, gymnastics and other similar instructional schools.

       (3) Business and professional offices and banks and financial institutions.

       (4) Restaurants, lunchrooms, bars and other eating and drinking establishments, but not including drive-in restaurants.

       (5) Publication of newspapers and periodicals.

       (6) Federal, state, county and municipal buildings and grounds, but excluding schools.

       (7) Essential services.

       (8) Funeral homes, including one dwelling unit. [Added 4-11-1990 by Ord. No. 2729-90]

       (9) Churches and places of worship. [Added 8-14-1991 by Ord. No. 2848-91]

       (10) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (11) Theaters. [Added 8-14-1991 by Ord. No. 2848-91]

       (12) Offices and facilities for businesses in the communications and information industry in that portion of the zone south of West Water Street. [Added 9-28-19')4 by Ord. No. 3055-94]

       (13) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196- 96]

       (14) Schools for vocational instruction. [Added 2-25-1997 by Ord. No. 3230-97]

       (15) Dwelling units on the second floor and higher only, subject to the provisions of § 348-8.39.

       **Webmasters Note: The subsection above (15) has been added as per Ordinance No. 4064-06

       B. Required Accessory Uses.

       (1) Off-street parking subject to the provisions of Section 348-8.20, except that parking requirements shall be modified as follows:

       (a) A new use that occupies an existing building or, portion thereof shall not be required to provide parking, provided that the building is not being expanded to accommodate the new use, and provided that any existing parking previously dedicated to the building or portion thereof remains so dedicated following occupancy by the new use.

       (b) A new use or building within 500 feet of a public parking facility operated by the Toms River Parking Authority or is successor agencies shall not be required to provide parking, provided that the Authority or its successor agency certifies that sufficient parking spaces are available within the parking facility to accommodate the requirements for the use.

       (2) Off-street loading subject to the provisions of Section 3488.19 in that portion of the zone west of the rear line of the properties fronting on the west side of Main Street south of Irons Street and all properties north of Irons Street zoned VB Village Business, except that a new use that occupies an existing building or portion thereof shall not be required to provide off-street loading provided that the building is not being expanded to accommodate the new use, and provided that any existing loading area previously dedicated to the building or portion thereof remains so. dedicated following occupancy by the new use.

       **Webmasters Note: The previous subsection, B., has been amended as per Ordinance No. 4123-07.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Signs subject to the provisions of § 348-8.26.

       (3) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       (4) Outdoor cafes, subject to the provisions of § 348-8.41.

       **Webmasters Note: The Subsection above (4) has been added as per Ordinance No. 4064-04

       D. Conditional uses subject to the provisions of Article IX of this chapter.

       (1) Public utilities ( § 348-9.6).

       (2) (Reserved)

       (3) (Reserved)

       (4) Hotels and motels ( § 348-9.15) only in that portion of the Village Business Zone located south of West Water Street. [Added 11-25-1986 by Ord. No. 2453-86]

       **Webmasters Note: Subsection (5) has been removed as per Ordinance No. 4064-06

       (6) Bed and breakfast establishments subiect to the provisions of § 348-9.30.

       (7) Home Professional offices subject to the provisions of § 348-9.11

       **Webmasters Note: Subsections (6) and (7) have been added as per Ordinance No. 4064-06

       E. Area, yard and building requirements.

       (1) Minimum lot area: 5,000 square feet.

       (2) Minimum lot width: 50 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 50 feet.

       (b) Corner lot: 75 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Front setback:

       (a) On Courthouse Lane. Legion Court, Main Street, Hyers.Street. Robbins Street and Washington Street, the required front setback shall be no greater or less than the existing prevailing front setback, plus or minus five feet. The prevailing front setback shall be established in accordance with the definition of "prevailing front setback" provided in § 348-2.3 of this chapter.

       (b) On all other streets, the minimum front setback shall be five feet and the maximum front setback shall be ten feet.

       (c) On Washington Street, the area within the required front setback shall be suitably landscaped with a mixture of grass, shrubbery and flowering plants, and no more than 50 percent of such area shall consist of impervious surfaces. An outdoor cafe may be operated as an accessory use in such location, subiect to the requirements of § 348-8.41.

       **Webmasters Note: The Subsection above (5) (a) thru (3) has been amended as per Ordinance No. 4064-06

       (6) Minimum rear yard setback:

       (a) Principal and accessory buildings: 20 feet.

       (7) Minimum side yard setback: none required.

       (8) Maximum building height: 50 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than four usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.

       (9) Maximum lot coverage by buildings: 80%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (10) Minimum unoccupied open space: none required.

       (11) Off-street parking spaces: none required in that portion of the zone east of the rear line of the properties fronting on the west side of Main Street and south of Snyder Avenue. [Amended 4-11-1990 by Ord. No. 2729-90]

       (12) Off-street loading spaces: none required in that portion of the zone east of the rear line of the properties fronting on the west side of Main Street and south of Snyder Avenue. [Amended 4-11-1990 by Ord. No. 2729-90]

       F. Architectural design. All building plans for restoration of existing buildings or new development shall conform to the architectural guidelines prepared by the Site Plan Review Advisory Board and approved by the Planning Board.

       G. Alternate regulations for restoration of existing buildings and/or new development.

       **Webmasters Note: The subsection above (G) has been removed as per Ordinance No. 4064- 06

       § 348-10.23. VS Village Seaport Zone.

       A. Permitted uses.

       (1) Single-family dwellings.

       (2) Office buildings for members of a recognized profession as herein defined.

       (3) Governmental and quasi-public uses, except maintenance garages and storage yards.

       (4) Art galleries and museums.

       (5) Antique and curio shops.

       (6) Offices of a business or public utility.

       (7) Shops of artisans or craftsmen.

       (8) The retail sale of goods, provided that the gross floor area devoted to any individual retail use shall not exceed 5 000 square feet.

       (9) Personal service establishments, such as barber-tailoring or shoe repair shops, but excluding self-service laundries, tattoo parlors and body piercing, provided that the gross floor area devoted to any such personal service use shall not exceed 2,000 square feet.

       (10) Restaurants

       (11) Single- or multiple-family residences where such are part of a development that also includes nonresidential uses of the types otherwise permitted in the Village Seaport Zone, and further provided that:

       (a) The nonresidential uses shall occupy not less than 5,000 square feet of floor area and not less than 20% of the total floor area within the development.

       **Webmasters Note: The subsections above (8) thru (11a) have been amended as per Ordinance No. 4064-06

       (b) Where nonresidential uses and residences are to occupy space in the same building, the nonresidential uses may only be located on the ground floor level.

       (c) Buildings or portions of buildings to be utilized for nonresidential uses shall be specifically designed for the type of nonresidential use proposed and shall be designed in a manner that would physically discourage conversion to residences.

       (12) Branch banks without drive-up facilities.

       (13) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       (14) Funeral homes, including one dwelling unit. [Added 4-11-1990 by Ord. No. 2729-90]

       (15) Churches and places of worship. [Added 8-14-1991 by Ord. No. 2848-91]

       (16) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (17) Hotels and motels. [Added 8-14-1991 by Ord. No. 2848-91]

       (18) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196-96]

       (19) Art, dancing, music, gymnastics and other similar instructional schools containing less than 2,000 square feet. [Added 2-25-1997 by Ord. No. 3230-97]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       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 chapter.

       (1) (Reserved)

       (2) Public utilities ( § 348-9.6).

       (3) Marinas, but not boatyards ( § 348-9.10).

       (4) Hotels and motels ( § 348-9.15).

       (5) (Reserved)

       (6) (Reserved)

       (7) (Reserved)

       (8) Bed and breakfast establishments subject to the provisions of § 348-9.30.

       (9) Home professional offices, subiect to the provisions of § 348-9.11.

       **Webmasters Note: The subsections above (8) and (9) have been added as per Ordinance No. 4064-06

       E. Area, yard and building requirements.

       (1) Minimum lot area: 7,500 square feet.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 100 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 35 feel.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 25 feet.

       (b) Accessory buildings: 15 feet.

       (c) Private swimming pools: 10 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 15 feet.

       (b) Accessory buildings: 10 feel.

       (c) Private swimming pools: 10 feet.

       (8) Minimum setback from the Toms River: 50 feet.

       (9) Maximum lot coverage by buildings: 25%, excluding private and public garages. [Amended 12-9-2003 by Ord. No. 3843-03]

       (10) Minimum unoccupied open space: 10%.

       (11) Maximum floor area ratio: 0.75, excluding floor areas of private and public garages.

       (12) Building height:

       (a) In the portion of this zone between Washington Street and a line parallel with and 350 feet south of Washington Street, no buildings shall exceed a height of 40 feet above ground level or exceed an elevation of 65 feet above mean sea level, whichever is greater. [Amended 4-25-2001 by Ord. No. 3597-01]

       (b) In the portion of this zone between Water Street and a line parallel with and 350 feet south of Washington Street, no building shall exceed a height of 40 feet above ground level or exceed an elevation of 45 feet above mean sea level, whichever is greater. [Amended 4-25-2001 by Ord. No. 3597-01]

       (c) In the portion of this zone south of Water Street, no building shall exceed two habitable stories and a height of 25 feet above ground level or an elevation of 40 feet above mean sea level, whichever is greater.

       **Webmasters Note: The subsection above (c) has been amended as per Ordinance No. 4064- 06

       (13) Minimum residential floor area:

       **Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.

       (14) Relationship of structures to the Toms River:

       (a) All uses other than single-family residences located on property abutting the Toms River shall provide, in a manner acceptable to the Planning Board, for reasonable public access to and along the waterfront and to adjacent properties along the waterfront.

       (b) All buildings constructed within the Downtown Service District shall be so located and so designed so as to minimize any obstruction to public view of the Toms River.

       (c) All building facades within the Downtown Service District which are visible from the Toms River shall be considered front building facades and shall be designed and constructed with an architectural treatment at least equivalent to the building facade facing a public street.

       (d) No buildings or structures shall extend into the vistas described below:

       [1] Within the triangular area formed by the three points described below, no building or structure shall extend above a plane passing through the elevations indicated for each of the following three points:

       [a] Point I southeasterly corner of Lot 35, Block 658-1, at an elevation of four feet above existing grade.

       [b] Point II southwesterly corner of Lot 1, Block 668, which is also the intersection of the easterly right-of-way line of New Jersey State Highway No. 166 with the bulkhead on the northerly bank of the north channel of the Toms River, at an elevation of four feet above existing grade.

       [c] Point III: a point along and four feet above the bulkhead on the northerly bank of the north channel of the Toms River at the intersection of an extension of a line drawn through the southeasterly corner of Lot 35, Block 658-1 (Point I above), and the southwesterly corner of Lot 26, Block 662.

       [2] Within the triangular area formed by the three points described below and the southerly boundary of Dover Township, no building or structure shall extend above a plane passing through the elevations indicated for each of the following three points:

       [a] Point I (the apex of the triangular area): a point in the center line of Allen Street at the intersection of an extension of the southerly line of Lot 13, Block 664, at an elevation of four feet above existing grade.

       [b] Point II (a point in the easterly leg of the triangular area): the southwesterly corner of Lot 43, Block 669, at an elevation of 20 feet above mean sea level (MSL).

       [c] Point III (a point on the westerly leg of this triangular area): the southeasterly corner of Lot 46, Block 669, at an elevation of 20 feet above mean sea level (MSL).

       F. Architectural design. All building plans for the restoration of existing buildings or new development shall conform to the architectural guidelines prepared by the Site Plan Review Advisory Board and approved by the Planning Board.

       G. Alternate regulations for restoration of existing buildings and/or new development.

       **Webmasters Note: The subsection above G. has been removed as per Ordinance No. 4064- 06

       §348-10.24. DS Downtown Service Zone.

       A.Permitted uses. [Amended 12-26-1979 by Ord. No. 1900; 9-14-1982 by Ord. No. 2116; 11-25-1986 by Ord. No. 2453-86]

       (1) Single-family dwellings in accordance with the provisions of the R-50 Residential Zone.

       (2) Multifamily dwellings at a density not to exceed eight dwelling units per gross acre, subject to the provisions of § 348-8.18, except as otherwise provided in § 348-10.18.1, and provided that such development has access limited to Highland Parkway and/or West Water Street. [Amended 4-11-1990 by Ord. No. 2729-90]

       (3) All uses permitted in the Village Office Zone, provided that, except for single-family dwellings, development has access limited to Highland Parkway, West Water Street and/or Colfax Street.

       (4) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Signs subject to the provisions of § 348-8 26.

       (3) 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 chapter.

       (1) Public utilities ( § 348-9.6).

       (2) Hotels and motels ( § 348-9.15).

       (3)Shopping centers ( § 348-9.16).

       (4) (Reserved)

       (5) (Reserved)

       (6) (Reserved)

       E. Area, yard and building requirements.

       (1) Minimum lot area: 7,500 square feet.

       (2) Minimum lot width: 75 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 75 feet.

       (b) Corner lot: 100 feet on both streets.

       (4) Minimum lot depth: 100 feet.

       (5) Minimum front setback: 35 feet.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 25 feet.

       (b) Accessory buildings: 15 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 15 feet.

       (b) Accessory buildings: 10 feet.

       (8)Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 11-25-1986 by Ord. No. 2453-86; 4-25-2001 by Ord. No. 3597-01]

       (9) Minimum gross habitable floor area:

       (a) One-bedroom house: 860 square feet.

       (b) Two-bedroom house: 960 square feet.

       (c) Three-bedroom house: 1,060 square feet.

       (d) Four-or-more-bedroom house: 1,160 square feet.

       (10) Maximum lot coverage by buildings: 25%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (11) Minimum unoccupied open space: 10%.

       F. Alternate multifamily densities. The number of bedrooms provided per dwelling unit has a direct effect on the density of a residential development in terms of the number of occupants and/or residents and consequently the number of automobiles likely to be owned and stored on the site. For this reason, the following alternate densities are permitted: [Amended I1-25-1986 by Ord. No. 2453-86]

       (1) Multifamily dwellings limited to occupancy by families or individuals with the head of the household being 52 years of age or older may be developed at a density not to exceed 11 dwelling units per gross acre, provided that the number of bedrooms, calculated in accordance with the definitions in this chapter for efficiency, one-bedroom, two-bedroom and three-bedroom apartment units, does not exceed 15 bedrooms per gross acre, and the number of off-street parking spaces shall not be less than 1 spaces per dwelling unit. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plans shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit.

       § 348-10.25. RC Regional Commercial Zone.

       A. Permitted uses. It is the intent of this chapter to encourage within this zone large-scale commercial uses of a type that will compliment the existing shopping center on the northeasterly corner of Hooper and Bay Avenues. Every unit, store or proprietorship located within the Regional Commercial Zone shall either have a minimum gross floor area of 5,000 square feet or be located within a shopping center, as defined by this chapter. If located within a shopping center, every store, unit or proprietorship shall, in addition to any frontage on or access to and from any aisle or parking area, have frontage on and access to and from a central, landscaped pedestrian walk or passageway having a minimum width of 25 feet, either open or fully or partially enveloped. [Amended 4-11-1990 by Ord. No. 2729-90; 8-14-1991 by Ord. No. 2848-91]

       (1) The retail sale of goods which may include the following:

       (a) Grocery stores and food markets.

       (b) Drugstores.

       (c) Dry goods stores.

       (d) Meat and poultry stores.

       (e) Baked goods stores.

       (f) Packaged liquor stores.

       (g) Flower shops.

       (h) Confectionary stores.

       (i) Household supplies stores.

       (j) Stationery supplies, tobacco and periodical stores.

       (k) Haberdashery, dress goods and notions.

       (l) Hardware, plumbing supplies and electrical supplies.

       (m) Boat supplies.

       (n) Shops of artisans and craftsmen.

       (o) Furniture and appliance stores.

       (p) Gift shops.

       (q) Automobile sales agency, but excluding agencies for the sale of used cars only.

       (2) Personal service establishments which may include the following:

       (a) Barbershops and beauty shops.

       (b Tailoring and dressmaking shops.

       (c) Dry-cleaning and laundry collection shops, but not including self-service laundries.

       (d) Shoe repair shops.

       (e) Appliance repair shops.

       (f) Radio and television repair shops.

       (3) Business, professional, govemmental and educational offices. Office buildings containing over 5,000 square feet of gross floor area shall be considered a single use and may contain individual office uses with less than 5,000 square feet of gross floor area.

       (4) Banks and financial institutions.

       (5) Restaurants, bars and other eating and drinking establishments, but not including drive-in restaurants.

       (6) Publication of newspapers and periodicals.

       (7) Federal, state, county and municipal buildings and grounds, but excluding schools.

       (8) Essential services.

       (9) Funeral homes, including one dwelling unit.

       (10) Shopping centers.

       (11) Hotels and motels.

       (12) Child-care centers.

       (13) Adult-care centers. [Added 9-24-1996 by Ord. No. 3196-96]

       B. Required accessory uses.

       (1) Off street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19. Loading areas shall be separated and screened from circulation drives and parking areas by landscaped islands, substantial fencing, walls or buffer plantings or shall be enclosed.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2)Signs subject to the provisions of § 348-8.26.

       (3) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       (4) Tents subject to the provisions of § 348-8.37. [Added 4-11-1990 by Ord. No. 2729-90]

       (5) Heliport facilities in conjunction with nonresidential buildings) having a minimum gross floor area of 10,000 square feet. [Added 8-12-1997 by Ord. No. 3277-97]

       D. Conditional uses subject to the provisions of Article IX of this chapter.

       (1) Public utilities ( § 348-9.6).

       (2) (Reserved)

       (3) (Reserved)

       (4) Research laboratories ( § 348-9.22).

       E. Area, yard and building requirements.

       (1) Minimum lot area: one acre.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage: 150 feet.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback:

       (a) Principal and accessory buildings: 100 feet.

       (b) Parking areas and vehicular circulation aisles: 35 feet.

       (6) Minimum rear yard setback for principal and accessory buildings: 30 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 20 feet with two combined side yards not less than 50 feet.

       (b) Accessory buildings: 20 feet.

       (8) Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 4-25-2001 by Ord. No. 3597-01]

       (9) Maximum lot coverage by buildings: 15%, except that structures having 80% or more of their gross floor area on a single level shall be permitted a lot coverage of 20%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (10) Minimum unoccupied open space: 25%.

       (11) All sides of any structure shall be architecturally finished with materials approved by the Planning Board. Specifically prohibited is construction which utilizes flat roofs with parapets or mansards on only a portion of the perimeter of the structure, unfinished (or painted) concrete block walls or substantial architectural finish deviations between the front, side and rear elevations.

       § 348-10.26. HB Highway Business Zone.

       A. Permitted uses. Uses within the following categories shall be permitted uses within the Highway Business Zone unless otherwise specified in Subsection D as a use requiring a conditional use.

       (1) Retail and wholesale stores, shops and markets, provided that:

       (a) All goods or products fabricated or processed incidental to such use shall be sold on the premises or distributed from the premises.

       (b) Such fabricating or processing that is done on the premises shall not include a processing activity which would involve a physical or chemical process that would change the nature and/or character of the product and/or raw material.

       (c) Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.

       (2) Personal service establishments, such as but not limited to barbershops, beauty shops and tailoring and dressmaking shops.

       (3) Business and professional offices and banks and fiduciary institutions.

       (4) Restaurants, lunchrooms, bars and other eating and drinking establishments.

       (5) New and used automobile and mobile home sales agencies. [Amended 8-14-1991 by Ord. No. 2848-91]

       (6) Art, dancing, music, gymnastics and other similar instructional schools.

       (7) Schools for vocational instruction.

       (8) Scientific or research laboratories devoted to research, design and/or experimentation, and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory activities or are otherwise permitted in this zone.

       (9) Publication of newspapers and periodicals.

       (10) The offices, showrooms, warehouses and garages of contractors in the building trade.

       (11) (Reserved)

       (12) Federal, state, county and municipal buildings and grounds, including educational offices, but excluding schools. [Amended 2-25-1997 by Ord. No. 3230-97]

       (13) Essential services.

       (14) Funeral homes, including one dwelling unit. [Added 4-11-1990 by Ord. No. 2729-90]

       (15) Shopping centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (16) Hotels and motels. [Added 8-14-1991 by Ord. No. 2848-91]

       (17) Motor vehicle service stations. [Added 8-14-1991 by Ord. No. 2848-91]

       (18) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (19) Motor vehicle repair garages. [Added 8-14-1991 by Ord. No. 2848-91]

       (20) Quasi-public, private club and commercial recreation areas. [Added 8-14-1991 by Ord. No. 2848-91]

       (21) Churches and places of worship. [Added 8-14-1991 by Ord. No. 2848-91]

       (22) Mini warehouse facilities, including one dwelling unit. [Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]

       (23) Car washes. [Added 12)-2003 by Ord. No. 3843-03]

       (24) Adult-care centers. [Added 12-9-2003 by Ord. No. 3843-03]

       B. Required accessory uses.

       (1) Off-street parking subject to the .provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Signs subject to the provisions of § 348-8 26.

       (3) Bulk storage subject to the provisions of § 348-8.6.

       (4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       (5) Outdoor display of goods subject to §§ 348-5.20 and 348-5.37. [Added 8-14-1991 by Ord. No. 2848-91]

       (6) Umbrellas subject to the provisions of § 348-8.36. [Added 3-23-1982 by Ord. No. 2081]

       (7) Tents subject to the provisions of § 348-8.37. [Added 4-11-1990 by Ord. No. 2729-90]

       D. Conditional uses subject to the provisions of Article IX of this chapter. [Amended 2-8-1989 by Ord. No. 2633-89; 8-14-1991 by Ord. No. 2848-91]

       (1) Public utilities ( § 348-9.6).

       (2) Boatyards and marinas ( § 348-9.10).

       (3)Farmers markets or auction markets (§ 348-9.20).

       (4) 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, yard and building requirements.

       (1) Minimum lot area: 15,000 square feet.

       (2) Minimum lot width: 100 feet.

       (3) Minimum lot frontage:

       (a) Interior lot: 100 feet.

       (b) Corner lot: 150 feet on both streets.

       (4) Minimum lot depth: 150 feet.

       (5)Minimum front setback: [Amended 4-26-1983 by Ord. No. 2168-83]

       (a) Principal and accessory buildings: 60 feet; except that fronting on Fischer Boulevard: 35 feet.

       (b) Parking areas and vehicular circulation aisles: 35 feet fronting on Fischer Boulevard.

       (6) Minimum rear yard setback:

       (a) Principal buildings: 30 feet.

       (b) Accessory buildings: 20 feet.

       (7) Minimum side yard setback:

       (a) Principal buildings: 15 feet with two combined side yards not less than 25% of the lot width, except that the combined side yards need not exceed 50 feet.

       (b) Accessory buildings: 12 feet.

       (8)Maximum building height: 40 feel subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 4-25-2001 by Ord. No. 3597-01]

       (9)Maximum lot coverage by buildings: 25%. [Amended 12-9-2003 by Ord. No. 3843-03]

       (10) Minimum unoccupied open space: 10%.

       § 348-10.27. RHB Rural Highway Business Zone.

       A. Permitted uses. Uses within the following categories shall be permitted uses within the Rural Highway Business Zone unless otherwise specified in Subsection D as a use requiring a conditional use.

       (1) Retail and wholesale stores, shops and markets, provided that:

       (a) All goods or products fabricated or processed incidental to such use shall be sold on the premises or distributed from the premises.

       (b) Such fabricating or processing that is done on the premises shall not include a processing activity which would involve a physical or chemical process that would change the nature and/or character of the product and/or raw material.

       (c) Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.

       (2) Personal service establishments, such as but not limited to barbershops, beauty shops and tailoring and dressmaking shops.

       (3) Business and professional offices and banks and financial institutions.

       (4) Restaurants, lunchrooms, bars and other eating and drinking establishments.

       (5) New and used automobile and mobile home sales agencies. [Amended 8-14-1991 by Ord. No. 2848-91]

       (6) Art, dancing, music, gymnastics and other similar instructional schools.

       (7) Schools for vocational instruction.

       (8) Scientific or research laboratories devoted to research, design and/or experimentation, and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory activities or are otherwise permitted in this zone.

       (9) Publication of newspapers and periodicals.

       (10) The offices, showrooms, warehouses and garages of contractors in the building trade.

       (11) (Reserved)

       (12) Federal, state, county and municipal buildings and grounds, including educational offices and public schools. [Amended 2-25-1997 by Ord. No. 3230-97]

       (13) Essential services.

       (14) Funeral homes, including one dwelling unit. [Added 4-11-1990 by Ord. No. 2729-90]

       (15) Medical service facilities, including but not limited to health care facilities, continuing-care retirement communities and developments and long term residential health care facilities. [Added 7-10-1991 by Ord. No. 2840-91]

       (16) Shopping centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (17) Hotels and motels. [Added 8-14-1991 by Ord. No. 2848-91]

       (18) Child-care centers. [Added 8-14-1991 by Ord. No. 2848-91]

       (19) Motor vehicle repair garages. [Added 8-14-1991 by Ord. No. 2848-91]

       (20) Motor vehicle service stations. [Added 8-14-1991 by Ord. No. 2848-91]

       (21) Churches and places of worship. [Added 8-14-1991 by Ord. No. 2848-91]

       (22) Quasi-public, private club and commercial recreation areas. [Added 8-14-1991 by Ord. No. 2848-91]

       (23) Mini warehouse facilities, including one dwelling unit. [Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]

       (24) Private and parochial schools not operated for profit. [Added 2-25-1997 by Ord. No. 3230-97]

       (25) Car washes. [Added 12-9-2003 by Ord. No. 3843-03]

       (26) Adult-care centers. [Added 12-9-2003 by Ord. No. 3843-03]

       (27) Multifamily and townhouse dwellings in accordance with the provisions of the MF-4 Multifamily Zone as found at § 348-10.17.4 except that such uses shall only be permitted on parcels at least 10 acres in size. In the event such housing is developed outside of a Center designated by the State Planning Commission through the Plan Endorsement process, the impervious coverage shall not exceed thirty percent.

       **Webmasters Note: The previous subsection has been amended as per Ordinance No. 4182- 09.

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2) Signs subject to the provisions of § 348-8.26.

       (3) Bulk storage subject to the provisions of § 348-8.6.

       (4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       (5) Tents subject to the provisions of § 348-8.37. [Added 4-11-1990 by Ord. No. 2729-90]

       (6) Outdoor display of goods subject to §§ 348-5.20 and 348-5.37. [Added 8-14-1991 by Ord. No. 2848-91]

       D. Conditional uses subject to the provisions of Article IX of this chapter. [Amended 2-9-1982 by Ord. No. 2068; 11-25-1986 by Ord. No. 2452-86; 2-8-198') by Ord. No. 2633-89; 7-10-1991 by Ord. No. 2840-91; 8-14-1991 by Ord. No. 2848-91]

       (1) Public utilities ( § 348-9.6).

       (2) Boatyards and marinas ( § 348-9.10).

       (3) Veterinary and outdoor kennels ( § 348-9.17).

       (4) Farmers' markets or auction markets ( § 348-9.20).

       (5) Billboards ( § 348-9.23) along the frontage of properties on U.S. Route No. 9 only.

       (6) Bulk storage of fuel, provided that the storage area is used solely in conjunction with a retail or wholesale outlet and that the storage containers are built below the ground or in accordance with the regulations adopted by the State of New Jersey.

       E. Area, yard and building requirements.

       (1) Minimum lot area: one acre.

       (2) Minimum lot width: 150 feet.

       (3) Minimum lot frontage: 150 feet.

       (4) Minimum lot depth: 200 feet.

       (5) Minimum front setback. [Amended 4-11-1990 by Ord. No. 2729-90]

       (a) Principal and accessory buildings: 100 feet, except along Route No. 9, 120 feet.

       (b) Parking areas and vehicular circulation aisles: 35 feet, except along Route No. 9, 50 feet.

       (6) Minimum rear yard setback for principal and accessory buildings: 30 feet.

       (7) Minimum side yard setbacks:

       (a) Principal buildings: 20 feet with two combined side yards not less than 50 feet.

       (b) Accessory buildings: 20 feet.

       (8)Maximum building height: 40 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. [Amended 11-25-1986 by Ord. No. 2452-86; 7-10-1991 by Ord. No. 2840-91; 4-25-2001 by Ord. No. 3597-01]

       (9)Maximum lot coverage by buildings: 20%. [Amended 11-25-1986 by Ord. No. 2452-86; 12-9-2003 by Ord. No. 3843-03]

       (10) Minimum unoccupied open space: 25%.

       § 348-10.28. GB General Business Zone.

       A.Permitted uses. [Amended 4-8-1986 by Ord. No. 2389-86]

       (1) The retail sales of goods which may include the following:

       (a) Grocery stores and food markets.

       (b) Drugstores.

       (c) Dry goods stores.

       (d) Meat and poultry stores.

       (e) Baked goods stores.

       (f) Packaged liquor stores.

       (g) Flower shops.

       (h) Confectionary stores.

       (i) Household supplies stores.

       (j) Stationery supplies, tobacco and periodical stores.

       (k) Haberdashery, dress goods and notions.

       (l) Hardware, plumbing supplies and electrical supplies.

       (m) Boat supplies and automobile supplies.

       (n) Shops of artisans and craftsmen.

       (o) Furniture and appliance stores.

       (p) Gift shops.

       (2) Personal service establishments may include the following:

       (a) Barbershops and beauty shops.

       (b) Tailoring and dressmaking shops.

       (c) Dry-cleaning and laundry collection shops.

       (d) Shoe repair shops.

       (e) Appliance repair shops.

       (f) Radio and television repair shops.

       (g) Self-service laundries.

       (h) Art, dancing, music, gymnastics and other similar instructional schools.

       (i) Nursery schools and day nurseries.

       (3) Business and professional offices and banks and financial institutions.

       (4) Restaurants, lunchrooms, bars and other eating and dining establishments.

       (5) Single-family residences.

       (6) Federal, state, county and municipal buildings and grounds, but excluding schools.

       (7) Essential services.

       (8) Funeral homes, including one dwelling unit. [Added 4-11-1990 by Ord. No. 2729-90]

       (9) Churches and places of worship. [Added 8-14-1991 by Ord. No. 2848-91]

       (10) Quasi-public and private club recreation areas. [Added 8-14-1991 by Ord. No. 2848-91]

       (11) Mini warehouse facilities, including one dwelling unit. [Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]

       (12) Child-care centers. [Added 2-25-1997 by Ord. No. 3230-97]

       (13) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and adult family care homes for elderly persons and physically disabled adults. [Added 11-26-2002 by Ord. No. 3748-02]

       (14) Car washes. [Added 12-9-2003 by Ord. No. 3843-03]

       B. Required accessory uses.

       (1) Off-street parking subject to the provisions of § 348-8.20.

       (2) Off-street loading subject to the provisions of § 348-8.19.

       C. Permitted accessory uses.

       (1) Fences subject to the provisions of § 348-8.13.

       (2)Signs subject to the provisions of § 348-8.26.

       (3) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

       (4) Tents subject to the provisions of § 348-8.37. [Added 4-11-1990 by Ord. No. 2729-90]