§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