If two or more lots or combination of lots or
portions of lots with contiguous frontage in single ownership are
of record at the time of passage or amendment of this chapter and
if all or part of the lots do not meet the requirements for lot width
and area as established by this chapter, the lands involved shall
be considered to be an undivided parcel for the purpose of this chapter,
and no portion of said parcel shall be used or sold which does not
meet lot width and area requirements established by this chapter,
nor shall any division of the parcel be made which leaves remaining
any lot with width or area less than the requirements stated in this
chapter.
A lot failing to meet the district requirements
for the lot area, width or depth and which is demonstrated to have
been public record and not contiguous to other lots in the same ownership
at the time of enactment of this chapter may be used for a permitted
use in the district in which it is located, provided that variance
from any other maximum-minimum building standards shall be permitted
only by action of the Board of Adjustment.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No. 97-18; 6-20-2001 by Ord. No. 2001-10; 7-17-2006 by Ord. No. 2006-13; 12-5-2012 by Ord. No. 2012-15; 6-5-2013 by Ord. No. 2013-11; 4-19-2023 by Ord. No. 2023-09]
A.
Maximum building height shall be determined in accordance with the
following:
(1)
Maximum building height shall be 29 feet six inches above the finished first floor of the structure for all new and elevated construction, which measurement shall be from a finished first floor not higher than that required under Chapter 99 of the Longport Code.
(2)
In determining permitted maximum building height for improvements or additions to existing structures, the existing finished first floor shall be utilized as long as it is at or below the minimum finished first floor elevation required by Chapter 99.
(4)
The maximum building height may be established at 32 feet as above
determined from finished first floor, provided that no portion of
the roof structure above 29 feet six inches has a roof pitch less
than 4:12.
B.
Eaves and dormers.
(1)
Along any side yard, the underside of the roof eave of any structure shall not be higher than 19 feet above the finished first floor as determined in Subsection A.
(2)
Any portion of roof beginning not more than 18 inches from the face
of the principal structure and not more than 14 inches higher than
the permitted eave height shall not be steeper than 45°, or a
slope of 1:1. Within this 45° roof slope along any side yard,
vertical- and/or slope-faced dormers will be permitted to have a slope
greater (steeper) than 1:1.
(3)
No dormer face will be permitted to be closer than the required principal
building side yard setback. No such construction greater than 1:1
(45°) may occur within five feet of the required minimum front
or rear principal building setbacks.
(4)
In addition to the permitted dormer length, not more than two small-roofed
window areas projecting not more than three feet horizontal (maximum
perpendicular projection at any point from the 1:1 roof slope line),
and each not more than four feet in width at any point, may also be
permitted to violate the slope of 1:1 (45°).
(5)
The minimum permitted pitch of any roof slope above 29 feet six inches
shall be 4:12.
C.
All principal buildings and structures shall be subject to these
height limitations except as follows:
(1)
Buildings or facilities owned by the Borough of Longport.
(2)
Chimneys or flues necessary to the height required by the International
Building Code, NJ Edition, or International Residential Code, NJ Edition,
as applicable.
(3)
Plumbing vent piping to the height required by the International
Building Code, NJ Edition, or International Residential Code, NJ Edition,
as applicable.
(4)
Freestanding ground-mounted flagpoles within the front and rear yards
only with a top height not greater than elevation 50.0 MSL.
(5)
Elevator shaft of no more than 36 square feet, provided that the
height is no more than necessary to allow access to the highest habitable
floor.
In the case of irregularly shaped lots on cul-de-sac
or curved street sections, the minimum lot width specified in the
schedule shall be measured at the rear line of the required front
yard area, provided that in no case shall a distance between side
lot lines be reduced to less than 60% of the minimum lot width requirement
at the street line.
Every principal building shall be built upon
a lot having frontage on a municipal, county or state street. For
a lot bounded by both an alley and a street, the frontage shall only
be considered along the street. For existing lots fronting on an alley
only, the frontage shall be measured along the alley right-of-way,
and the depth of the lot shall not be less than 100 feet.
[Added 12-5-2012 by Ord. No. 2012-15]
In all zoning districts, the maximum floor area ratio (FAR) for detached single-family construction shall be 0.80 (80%). See the definition of floor area ratio" contained in § 15-37 for the method of determining FAR.
[1]
Editor's Note: Former § 167-10,
Yard requirement modifications, was deleted 11-2-1994 by Ord. No.
94-22.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No.
97-18; 6-20-2001 by Ord. No. 2001-10]
Building projections into required minimum yard
setbacks are permitted as follows:
A.
Steps
and stairs in accordance with the following:
[Amended 12-17-2008 by Ord. No. 2008-21; 6-21-2017 by Ord. No. 2017-15; 4-19-2023 by Ord. No. 2023-09]
(1)
Uncovered steps or stairs extending from the ground level to the
finished first floor of a principal structure and constructed perpendicular
to the street right-of-way may project into the front yard not closer
than five feet to the front property line in the RSF-1 and RSF-2 Zoning
Districts and one foot in the RSF-3 Zoning District.
(2)
All steps or stairs that are constructed in the front yard which
are parallel to the street rights-of-way shall meet the required front
yard setback for the principal structure.
(3)
Uncovered steps or stairs extending from the original ground elevation
to the finished first floor of a principal structure may project into
the rear yard setback not closer than 10 feet to the rear property
line for the RSF-1 and RSF-2 Zoning Districts; and not closer than
five feet for the RSF-3 Zoning District.
(4)
Uncovered steps or stairs extending from the original ground level
to the finished first floor may be set back not less than five feet
in the side yard in RSF-3 Zoning Districts only.
(5)
Outdoor steps or stairs for accessory structures shall meet the required
setback for accessory structures.
B.
Roof eaves and fixed or retractable window awnings
may project into any front, rear, or side yard area not more than
18 inches to the outside constructed edge only when said principal
structure is in conformance with the current ordinance setback requirements
for that yard.
C.
Fireplaces and chimneys, not wider than eight feet
along any one side, will be permitted to project within the side yard
only not closer than five feet to the property line. Heating, ventilation,
air conditioning, and pool equipment, and their respective pads not
higher than Elevation 11.5 (NGVD29) shall be permitted to project
within the side yard setback not closer than five feet to the property
line. Heating, ventilation, air conditioning, and pool equipment,
and their respective pads not higher than Elevation 11.5 (NGVD29)
shall be permitted to project within the rear yard setback not closer
than 10 feet for the RSF-1, RSF-2, C/H, C-O, and RMF Districts and
five feet for the RSF-3 and Public Districts. Outdoor showers not
wider than five feet, not deeper than three feet, and not higher than
eight feet, unless within the principal building setbacks, shall be
permitted only within the rear yard area and shall be permitted to
project within the rear yard setback not closer than 12 feet for the
RSF-1, RSF-2, C/H, C-O, and RMF Districts and seven feet for the RSF-3
and Public Districts.
[Amended 7-17-2006 by Ord. No. 2006-13]
D.
Decks, porches, carports, and patios shall be permitted
within the rear yard setback not closer to the rear property lines
than 10 feet for the RSF-1 and RSF-2 Districts and five feet for the
RSF-3 District. No decks, porches, carports, or patios shall be constructed
within the front or side yard setback areas. Lots having property
lines adjoining the bulkheads along the Atlantic Ocean and Risley's
Channel shall be permitted to project a first-floor unroofed deck
or patio not higher than Elevation 11.5 NAVD 1988 along the Atlantic
Ocean and Elevation 11.5 NAVD 1988 along Risley's Channel to the landward
face of said bulkhead, provided that said bulkhead is within the property
lines. Construction of said decks or patios adjacent to the concrete
seawall shall terminate at the property line and shall in no case
extend up to or over the concrete wall. On such permitted decks, porches,
or patios, railing shall be limited to 42 inches above the finished
height of the deck. Along the Atlantic Ocean and Risley's Channel,
no decks extending to the bulkhead of the seawall shall be permitted
within the side yard setbacks.
[Amended 7-1-2009 by Ord. No. 2009-21; 8-22-2018 by Ord. No. 2018-15]
E.
Decks or patios with a finished elevation not greater
than 12 inches above original grade shall be permitted to project
within the rear yard setback not closer than five feet to the property
line for the RSF-1 and RSF-2 Districts and four feet for the RSF-3
District.
F.
Planters and planter areas with finish wall or ground
elevation greater than 12 inches above the roadway top of curb elevation
fronting the property shall not be constructed within three feet of
the front and side property lines. For top of curb elevations which
may vary across the property, the Zoning Officer's determination of
the proper grade necessary to effect this subsection shall be binding.
G.
A single emergency generator meeting all of the following requirements
shall be permitted on a single-family detached developed lot subject
to both zoning and building permit approvals.
[Added 7-31-2012 by Ord. No. 2012-08]
(1)
The output of the generator unit must not exceed 60 KW and there
shall be no more than one unit per single-family dwelling.
(2)
The motor for the generator unit shall be powered by natural gas
only.
(3)
The generator unit must be in a sound-attenuated weatherproof enclosure
with the engine exhaust muffled to not more than 80dB(A).
(4)
The generator unit maintenance run time shall only be permitted between
10:00 a.m. and 2:00 p.m. Monday through Friday, excluding holidays.
Maintenance run times shall not be more than a total of 30 minutes
during any seven-day cycle.
(5)
The generator unit must be located not lower than that required by Chapter 99 and on a suitable support designed and certified by a New Jersey licensed engineer, which certified design must be submitted with the municipal building permit application.
(6)
The exterior limits of the generator unit shall not be closer than
four feet to any side yard and shall not be located closer to the
rear property line than 10 feet in the RSF-1 and RSF-2 Zoning Districts
and five feet in the RSF-3 Zoning District. For other than an RSF
Zoning District, the setback of any unit must meet the requirements
of the adjacent RSF Zoning District.
(7)
No unit to be placed within a side yard shall be located within 10
feet of the front property line or the current existing principal
building front yard setback along that side yard, whichever is greater.
(8)
No unit shall be placed more than three feet from the principal or
accessory structure.
(9)
All electrical wiring shall be in accordance with the manufacturer's
specifications between the unit and the serving structure.
(10)
For other than single-family detached construction, application
must be made to, and approval obtained from, the Municipal Planning
Board to assure compliance with setback and coverage requirements.
(11)
The area of the generator unit shall be counted as impervious
lot coverage. Any variances necessary for lot coverage shall only
be approved by the Municipal Planning Board.
[Amended 10-15-1997 by Ord. No. 97-18]
A.
On residential lots, a masonry one-story garage with
a maximum eave elevation of 10 feet above the floodplain elevation
as established by the Federal Emergency Management Agency may be permitted
to be erected in a side yard or rear yard setback to within 12 inches
of the property line, provided that such garage is not a structural
part of the principal building; is not closer than five feet to the
principal building or within three feet of a road, alley, or street
right of way line; is situated within the rear yard of the lot as
determined by the Municipal Zoning Officer; and is not within the
established sight triangle. Any such garage shall have gutters and
leaders placed toward the principal building and be constructed of
noncombustible materials. All walls shall be constructed of masonry
block, no windows or doors shall be permitted on the property lines
and the ceiling finish shall be one hour fire-resistance rating of
gypsum wallboard. Any portion of the above referenced building above
the ten-foot eave shall have a roof with a maximum slope of 45°
or a one to one ratio. The maximum height of any detached garage shall
be not greater than 10 feet to the bottom of the roof eave and 14
feet to the roof peak measured from the finished floor of the garage
to the finished roofline.
[Amended 6-20-2001 by Ord. No. 2001-09; 11-16-2005 by Ord. No. 2005-12; 12-5-2012 by Ord. No. 2012-15]
B.
The portion of yard being reduced by such garage shall
not abut the front yard of another lot or a street, and the length
of yard being reduced shall not exceed 25 feet. No part of said garage,
roof, eave, gutter or other projection shall extend beyond the property
line.
C.
On residential lots, frame or nonfireproof one-story
garage with a maximum eave elevation of 10 feet above the floodplain
elevation for that zone may be permitted to be erected in a required
side yard or rear yard, provided that such garage is not a structural
part of a principal building, is not closer than five feet to the
principal building, is situated to the rear of the principal building
and is not closer to the rear and side property lines than three feet.
The portion of the yard being reduced by such garage shall not abut
the front yard of another lot or a street, and the length of yard
being reduced shall not exceed 25 feet. Any portion of the above-referenced
building above the ten-foot eave shall have a roof with a maximum
slope of 45° or a one-to-one ratio. The maximum height of any
detached garage shall not be greater than 10 feet to the bottom of
the roof eave and 14 feet to the roof peak measured from the finished
floor of the garage to the finished roofline.
[Amended 6-20-2001 by Ord. No. 2001-09; 11-16-2005 by Ord. No. 2005-12]
D.
There shall be no structure, aboveground deck or platform connecting
the principal structure with the garage.
[Added 10-23-2019 by Ord.
No. 2019-17]
No part of a yard or other open space or off-street
parking or loading space required about or in connection with any
buildings for the purpose of complying with this chapter shall be
included as part of a yard, open space or off-street parking or loading
space similarly required for any other building.
Within each district, the regulations set by
this chapter shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land.
No yard or lot existing at the time of adoption
of this chapter shall be reduced in width, depth or lot area below
the minimum requirements set forth herein. Yards or lots created after
the effective date of this chapter shall meet at least the minimum
requirements as established by the chapter.
