§ 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

**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

**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]