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
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
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.
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
C. Permitted accessory uses.
(1) Fences, subject to the provisions of
(2) Private swimming pools, subject to the provisions of
(3) Signs, subject to the provisions of
(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 (
(2) Home professional office (
(3) Home occupation (
**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:
(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
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
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
C. Permitted accessory uses.
(1) Fences subject to the provisions of
(2) Private swimming pools subject to the provisions of
(3) Signs subject to the provisions of §
(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 (
(3) Nursery schools and day nurseries (
(4) Home professional offices (
(5) Home occupations (
(6) Veterinary clinics or hospitals or animal care facilities (
(7) (Reserved)
(8) (Reserved)
(I) Minimum lot area: 80,000 square feet.
(2) Minimum lot width: 150 feet.
(3) Minimum lot frontage:
(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:
[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.
(a) Wherever possible, building lots should front on cull-de-sac, loop streets or P-loops meeting the standards set forth in
(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
