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
(2) Off-street loading 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) 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 (
(3) Marinas, but not boatyards (
(4) Hotels and motels (
(5) (Reserved)
(6) (Reserved)
(7) (Reserved)
(8) Bed and breakfast establishments subject to the provisions of
(9) Home professional offices, subiect to the provisions of
**Webmasters Note: The subsections above (8) and (9) have been added as per Ordinance No. 4064-06
(1) Minimum lot area: 7,500 square feet.
(2) Minimum lot width: 75 feet.
(3) Minimum lot frontage:
(b) Corner lot: 100 feet on both streets.
(4) Minimum lot depth: 100 feet.
(5) Minimum front setback: 35 feel.
(a) Principal buildings: 25 feet.
(b) Accessory buildings: 15 feet.
(c) Private swimming pools: 10 feet.
(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:
(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
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
(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
(2) Off-street loading subject to the provisions of
C. Permitted accessory uses.
(1) Fences subject to the provisions of
(2) Signs subject to the provisions of
(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 (
(2) Hotels and motels (
(3)Shopping centers (
(4) (Reserved)
(5) (Reserved)
(6) (Reserved)
(1) Minimum lot area: 7,500 square feet.
(2) Minimum lot width: 75 feet.
(3) Minimum lot frontage:
(b) Corner lot: 100 feet on both streets.
(4) Minimum lot depth: 100 feet.
(5) Minimum front setback: 35 feet.
(a) Principal buildings: 25 feet.
(b) Accessory buildings: 15 feet.
(a) Principal buildings: 15 feet.
(b) Accessory buildings: 10 feet.
(8)Maximum building height: 40 feet subject to the provisions of
(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.
