Toms River, NJ Building Setbacks & Zoning: Structure Height Limits (2026)

Section 348-10.13E(8) sets the R-75 Residential Zone's maximum building height at 35 feet, 'subject to the provisions of § 348-5.12,' and adds a separate cap on top of the linear measurement: the building cannot contain more than three usable floor levels counted vertically at any point above grade, with grade fixed as the average elevation at the building's corners. § 348-5.12A applies that 35-foot, three-story ceiling townshipwide, though it carves out an exception for elevated water towers, antenna towers and similar public-utility structures, which may rise to 100 feet with a conditional use permit from the Planning Board. § 348-5.12B exempts spires, belfries, cupolas and domes not used for human occupancy, and parapets, walls or cornices extending no more than four feet above the limit, though that parapet exemption applies to a residential building only if retail or other nonresidential use occupies the entire street-level floor. § 348-5.12C lets chimneys, ventilators, skylights, tanks and noncommercial radio and television antennas attached to the building exceed the height limit by up to 10 feet, and § 348-5.12D lets freestanding noncommercial antennas, flagpoles and windmills exceed it by up to 15 feet. § 348-5.12E, added in 2013, lets a residential building that existed on or before October 28, 2012 and sits in a FEMA flood zone be raised above the normal limit to meet minimum FEMA elevation criteria: one foot above base flood elevation in an A Zone, measured to the lowest finished floor, or one foot above base flood elevation in a V Zone, measured to the lowest horizontal structural member, provided the footprint, floor count and rooflines stay unchanged from the pre-2012 building.