A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal buildings. No construction permit shall be issued for the
construction of an accessory building for the purpose of occupancy
prior to the issuance of a construction permit for the construction
of the main building upon the same premises. If construction of the
main building does not precede or coincide with the construction of
the accessory building, the construction official shall revoke the
construction permit for the accessory building until construction
of the main building has proceeded substantially toward completion.
There shall be no structure, aboveground deck or platform connecting
the principal structure with the accessory structure.
[Amended 10-23-2019 by Ord. No. 2019-17]
C.
Distance between adjacent buildings. The minimum distance
between any accessory building and the principal structure shall be
five feet.
[Amended 6-20-2001 by Ord. No. 2001-09]
D.
Height and area of accessory structure. No accessory
structure shall have a height greater than 12 feet above existing
grade, which existing grade shall be determined by the Municipal Zoning
Officer. Accessory structures shall not exceed 100 square feet in
area per principal use.
[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]
E.
Location. An accessory building or structure shall
only be permitted with the rear yard of the lot as determined by the
Municipal Zoning Officer. Said building shall be constructed not less
than 12 inches to the rear and/or side property lines if of masonry
construction and not less than three feet to the rear and/or side
yard property lines if of other than masonry construction. No accessory
building or structure shall be permitted within any sight triangle.
[Amended 11-16-2005 by Ord. No. 2005-12; 12-5-2012 by Ord. No. 2012-15]
Within any residential district, no building
with permitted home occupation shall be constructed or altered so
as to be inharmonious with the residential character of the adjacent
residential areas.
A.
All permitted fences shall be situated on a lot in
such a manner that the finished side of such fence shall face adjacent
properties. No fence shall be erected of barbed wire, topped with
metal spikes, nor constructed of any material or in any manner which
may be dangerous to persons or animals.
B.
On any lot in any district, no wall or fence shall
be erected or altered so that said wall or fence shall be over six
feet in height, to the highest point excepting the posts, in side
and rear yard areas. Fence posts not exceeding six inches by six inches
in area may be permitted to exceed the six-foot maximum height by
no more than 12 inches. The six-foot-high fence may be extended from
the principal building to the side lot line as long as said fence
does not encroach into the front yard as defined in this chapter.
[Amended 10-5-2005 by Ord. No. 2005-10; 3-11-2009 by Ord. No.
2009-06]
(1)
All fencing for private swimming pools, hot tubs or spas shall conform with § 167-26A. Fences or any portion thereof in excess of six feet are specifically prohibited. All measurements shall be made on the outside of the fence from the average existing grade of the property, or of the adjoining property if located on the property line.
[Amended 6-15-2022 by Ord. No. 2022-08]
(2)
A tennis court area, located in side or rear yard areas only, may be surrounded by a fence a maximum of 10 feet in height, said fence to be set back from any lot fine the distances required for accessory buildings in the zoning district as stipulated in § 167-12. Said fence must be of a configuration which has 75% open space.
(3)
Buffer areas shall meet the requirements specified in § 167-22. Buffer widths shall be a minimum of four feet.
(4)
All fencing and/or walls constructed along Beach Terrace,
Ocean Breeze Terrace and alleys shall be offset from the right-of-way
line by not less than two feet.
(5)
All fencing within the front yard setback, which shall include the front property line and both side lot lines, as required by the district regulations, shall not be higher than four feet to top of fencing. Posts not greater than six inches by six inches, and spaced not less than six feet apart, may be permitted to extend not more than 12 inches above the permitted height. All fencing between posts must be of a material that is at least 50% open. Walls in lieu of fencing shall not be permitted along any property line within the front yard setback. Walls in the front yard setback as may be permitted as in § 167-7 as a planter; but in no case shall any wall/planter, which meets the setback requirements of § 167-7, exceed three feet in height. Yard areas abutting alleys shall be considered a front yard for the purpose of fencing and shall conform to the provisions of this subsection.
[Amended 6-15-2022 by Ord. No. 2022-08]
C.
Sight triangle areas shall be required and shown on
all plans for development of property, which property abuts an intersection
with a street and/or alley. A sight triangle area shall contain no
construction and/or vegetation which exceeds 42 inches above the finish
elevation of the top of curb, if a street, or finish grade of the
asphalt or concrete surface, if an alley. In addition, all fencing
and/or walls along the distances established by said area shall be
of a type that consists of not less than 50% open space within said
fence mesh or wall.
[Amended 10-5-2005 by Ord. No. 2005-10]
D.
For said street/street intersections, the sight triangle
shall be measured along the property line a distance of 15 feet in
each direction from the point of intersection of the street right-of-way
lines. For said street/alley intersections, the sight triangle shall
be measured along the property line a distance of 15 feet along the
street property line and 10 feet along the alley property line from
the point of intersection of the street/alley right-of-way lines.
For said alley/Beach Terrace or alley/Ocean Breeze Terrace intersections,
the sight triangle shall be measured along the property line a distance
of 10 feet along the Ocean Breeze Terrace/Beach Terrace property line
and 10 feet along the alley property line from the point of intersection
of the alley/Ocean Breeze Terrace or alley/Beach Terrace right-of-way
lines.
[Amended 10-5-2005 by Ord. No. 2005-10]
E.
Bulkheads.
[Added 5-16-2001 by Ord. No. 2001-8]
(1)
Bulkheads shall be classified as oceanfront or bayfront
with the dividing line between the two being Atlantic Avenue. Oceanfront
bulkheads shall be either timber or concrete with a finish cap top
elevation not higher than elevation 13.0 MSL and meet the minimum
engineering standards on file in the Construction Code Official's
Office.
(2)
Bayfront bulkheads shall consist of either concrete,
steel, timber or vinyl piling with timber, steel, or vinyl sheeting
with a finish cap top elevation of not less than Elevation 9.75 (1988),
nor more than Elevation 10.25 (1988).
[Amended 4-20-2016 by Ord. No. 2016-06]
F.
Fireplaces and firepits.
[Added 8-20-2014 by Ord. No. 2014-10]
(1)
All outside wood-burning fireplaces shall be placed within the rear
yard of the property; be attached only to a principal structure meeting
the district requirements for a rear yard setback; and not protrude
from the compliant principal structure more than three feet into the
rear yard setback. The fireplace shall not be wider than eight feet.
All other outdoor fireplaces shall only be natural- or propane-gas-fired
and shall be placed within the setbacks and meet the maximum height
requirements for accessory structures. Such nonattached natural- or
propane-gas-fired fireplaces shall count as impervious accessory building
square footage.
(2)
Firepits shall only be natural- or propane-gas-fired; be constructed
not more than three feet in height from the ground (patio) or first
floor deck elevation; and only placed within the permitted setback
requirements for first floor decks and patios. If constructed independent
of a deck or patio, the unit must meet the setbacks for a deck and
the area or the firepit shall count as accessory building coverage.
Firepits on wood decks must have minimum one-half-inch cement board
beneath.
(3)
Portable metal firepits and chimineas not exceeding an area of 30
inches by 30 inches and 36 inches in height may be wood burning in
accordance with appropriate fire regulations and may be placed not
closer than three feet to any property line.
A.
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
B.
Each lot must front upon an approved municipal, state
or county street.
C.
Where extra width had been dedicated for widening
of existing streets, lots shall begin at such new street line, and
all setbacks shall be measured from such line.
D.
Monuments shall be installed for all newly created
lots in compliance with the requirements of N.J.S.A. 46:23-9.11q(8).
All lot corners shall be marked with a concrete monument or metal
alloy pin of permanent character.
A.
Landscaping.
(1)
Except for detached dwelling units, a screen planting
of a dense evergreen material not less than four feet in height shall
be provided between the off-street parking areas and any lot line
or street line except within a sight triangle or where a building
intervenes or where the distance between such areas and the lot line
or street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street and adjacent residential districts
or uses. Such screening shall be by an extension of a building, a
fence, wall, planting or combination thereof and shall not be less
than five feet in height.
(3)
Each off-street parking area of 10 parking spaces
or more shall be suitably landscaped so as to integrate itself to
the atmosphere of the surrounding environment and to insulate the
neighborhood from the sight and sound of more than the normal quantities
of vehicles and vehicular activity.
B.
Access.
[Amended 12-7-2005 by Ord. No. 2005-14]
(1)
The number of driveway accesses shall be limited to
one location per 100 feet of property roadway frontage for both residential
and commercial uses. Properties having frontage on more than one roadway
shall be confined to access on one roadway only. The nearest edge
of any depression for a driveway utilized for commercial purposes
shall be offset a minimum of five feet from the adjacent property
line. No part of any commercial or residential use driveway depression
shall be located closer than 25 feet to the existing curbline of any
adjacent street.
(2)
The maximum width for commercial and multifamily residential
use driveways shall be 26 feet for two-way access and 15 feet for
one-way access. Single-family residential driveways shall be limited
to 15 feet for single width, 24 feet for double width, and 26 feet
for approved triple width parking arrangements. The edge of all driveway
depressions shall align with the edge of all garage access points.
(3)
All properties between Beach Terrace, or Ocean Breeze
Terrace, and Atlantic Avenue which have access to an alley shall be
required to have all off-street parking access only from either the
alley, Atlantic Avenue, or Beach Terrace.
[Added 7-17-2006 by Ord. No. 2006-13]
C.
Location of parking and loading. Required off-street
parking and loading spaces shall be located on the same lot or premises
as the use served, regardless of the number of spaces required by
this chapter. No parking space may be located or placed within a designated
fire lane, street, alley, driveway, landscaped area, traffic aisle,
buffer area, sidewalk, turning area, or sight triangle.
[Amended 7-17-2006 by Ord. No. 2006-13]
D.
Type of facility.
(1)
Parking spaces for commercial and multifamily residential uses shall be accessed from properly designed drive aisles meeting the requirements of Subsection D(2) below. No stacked parking will be permitted. Parking spaces for single-family residential use may consist of both enclosed and open-air spaces. Parking arrangements shall be confined to the following:
 |
(2)
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles except
for residential uses. Aisles providing access to parking spaces shall
have the following minimum dimensions. Where the angle of parking
is different on both sides of the aisle, the larger aisle width shall
prevail.
|
Angle of Parking Space
(degrees)
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90
|
22
|
22
|
|
60
|
18
|
20
|
|
45
|
15
|
20
|
|
30
|
12
|
18
|
|
Parallel
|
12
|
18
|
(3)
Where
there is more than one use on a single lot, the total number of required
parking spaces shall be obtained by totaling the number of parking
spaces required by the developmental regulations for each individual
use.
[Added 8-22-2009 by Ord. No. 2009-28]
(4)
Parking
spaces designated within garage area shall not be encumbered upon
by stairs, platforms, mechanical equipment, or any other building
or mechanical projections. The minimum clear height for a parking
space with a garage area shall be seven feet.
[Added 8-22-2009 by Ord. No. 2009-28]
(5)
For
all single-family residential uses, all parking spaces designated
within the front of a garage shall be either concrete (six inches
thick minimum), asphalt (three inches thick minimum), or brick or
grass paver units (specified by manufacturer to be utilized within
driveway areas). No coverage credits will be issued for use of grass
pavers within this area. a garage area shall be seven feet.
[Added 8-22-2009 by Ord. No. 2009-28]
(6)
For
all single-family residential uses, all exterior on-site parking spaces
numbering three or more must have at least 40% open space within each
parking space, which may be accomplished through the use of concrete,
asphalt, masonry paver, or grass paver strips, between which shall
only be permitted grass or sod. The 40% open space shall be credited
to a reduction in lot coverage; however, the use of grass pavers within
the wheel paths shall not be entitled to lot coverage credits. a garage
area shall be seven feet.
[Added 8-22-2009 by Ord. No. 2009-28]
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure.
A.
Electrical and/or electronic devices. All electrical
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation." Radiation products, as defined in
DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled
that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant, upon request, shall produce certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
act. All other forms of electromagnetic radiation lying between 100
KHz and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's rules and regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
or beyond the operator's dwelling unit in the case of multifamily
dwellings as the result of the operation of such equipment.
B.
Glare. No use shall produce a strong, dazzling light
or reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining dwelling units, adjoining districts
or streets.
C.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any body of water from the existing
background temperature.
D.
Noise. Noise levels shall be designed and operated
in accordance with local regulations and those rules established by
the New Jersey State Department of Environmental Protection as currently
adopted and amended.
E.
Odor. All reasonable measures shall be taken to minimize
odors emanating from nonagricultural operations, and the applicant
shall present evidence of measures to comply. Said measures shall
be subject to approval and inspection of the Planning Board.
F.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance be deposited which can contaminate an underground aquifer
or otherwise render such underground aquifer undesirable as a source
of water supply or recreation or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards. All residential and commercial
uses shall comply with the municipal ordinance for recycling as currently
amended. All commercial uses shall provide private trash pickup by
a licensed contractor.
G.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or equipped with baffles to deflect the discharged air away from
the adjacent use.
H.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate lot.
Unless otherwise specified in this chapter,
no more than one principal structure shall be permitted on one lot.
Only one defined principal use shall be permitted per lot.
A.
General provisions. No signs may be placed on or attached
to a building or erected independently for any purpose other than
to advertise a permitted business or use conducted on the same premises.
No billboards shall be erected or replaced which are not in accordance
with the standards established in this chapter. Unless otherwise specified
in this chapter, the erection of any sign shall require a construction
permit. No sign of any type shall be permitted to obstruct driving
vision, traffic signals, traffic directional and identification signs,
other places of business or other signs or windows of the building
on which they are located. No sign shall be attached to trees, fences,
posts, stumps, utility poles or other signs, but shall be freestanding
or attached to buildings in an approved manner.
(1)
Animated, flashing and illusionary signs. Excepting
for time/temperature display signs, all signs using mechanical or
electrical devices to revolve, flash or display movement or the illusion
of movement are prohibited.
(2)
Height. No attached sign shall be higher at any point
than the principal building, and no sign shall project beyond a building
in a manner placing it above an area traversed by motor vehicles,
such as, but not limited to, driveway and parking areas. Where signs
project beyond a building facade or wall over a pedestrian way, the
lowest portion of the sign shall be at least 10 feet above the walkway.
No freestanding sign shall be erected to a height exceeding 10 feet.
(3)
Freestanding signs. Freestanding signs shall be supported
by one or more columns of uprights which are firmly embedded in the
ground. Exposed guy wires, chains or other connections shall not be
made a permanent support of the freestanding sign. Any freestanding
sign larger than 24 square feet shall be subject to Planning Board
approval. Freestanding signs may be located in a front yard but shall
not be located in any street right-of-way.
(4)
Illuminated signs. Illuminated signs shall be arranged
as to reflect the light and glare away from adjoining premises and
away from adjoining highways. No sign with red, green or blue illumination
in a beam, beacon or flashing form resembling an emergency light shall
be erected in any location.
(5)
Information and direction signs. Street number designations,
postal boxes, on-site directional and parking signs and warning signs
are permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed two square feet in area nor shall
a construction permit be required for such sign.
(6)
Maintenance. Signs must be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated. Whenever a sign shall become dilapidated or structurally
unsafe, the construction official shall order the owner to repair
said sign or remove it.
(7)
Sign sizes and locations. The area of a sign shall
be measured around the outside edges of a framed or enclosed sign
or by the area utilized by isolated words and/or symbols, including
the background, whether open or enclosed, but said area shall not
include any supporting framework and bracing incidental to the display
itself. Sign locations and area shall be limited to the following:
(a)
One nonilluminated real estate sign is permitted on an individual
taxing lot which is to be sold or rented not exceeding nine square
feet on one side and may be double-sided. Maximum width of real estate
signs shall be 42 inches. Top of real estate signs shall not exceed
66 inches above ground. A sign banner not greater than six inches
high by 36 inches wide may be hung beneath a conforming sign. Not
more than two sign posts may be utilized to support a real estate
sign. Signs suspended by chains or cable from a horizontal post are
not permitted. Posts shall not be greater than four inches by four
inches, consist of wood or vinyl, and shall not protrude more than
six inches above sign height, including any finials. Real estate signs
shall only be placed within the property that is for sale or rent
and there shall be only one real estate sign per property. All real
estate signs shall be removed within 10 days after any closing or
transfer of the property. A real estate sign may be affixed to the
building under construction not higher than the top of block of the
building foundation. No real estate signs shall be affixed to any
building not under construction.
[Amended 7-19-2017 by Ord. No. 2017-19; 12-6-2017 by Ord. No. 2017-25]
(b)
On residential lots proposed by subdivision, provided that an
application has been made to the Longport Combined Planning/Zoning
Board, one real estate sign per proposed lot is permitted. In lieu
of individual lot real estate signs, one project identification sign
may be permitted as approved by the Combined Planning/Zoning Board
at the time of subdivision approval.
[Amended 7-19-2017 by Ord. No. 2017-19; 12-6-2017 by Ord. No. 2017-25]
(c)
Nonilluminated contractor signs shall be permitted on detached
single-family construction sites only where there is active construction
whether or not a real estate sign is already placed with proper building
permits as follows:
[Amended 9-1-2010 by Ord.
No. 2010-15, 7-19-2017 by Ord. No. 2017-19; 12-6-2017 by Ord. No. 2017-25]
[1]
One general contractor sign not exceeding nine square feet in
area, the top of which does not exceed 66 inches above existing ground.
The exception to the sign height is if the sign is placed on the building
facing the street and placed not higher than the top of block of the
building foundation.
[3]
Each subcontractor sign shall not exceed two feet by two feet
and the top of the sign shall not be higher than 36 inches above existing
ground. The exception to the subcontractor sign height is if the sign(s)
is (are) placed on the building facing the street and placed not higher
than the top of block of the building foundation. Each subcontractor
sign shall be removed from the premises upon the final inspection
and approval of the respective contractor's work on the project or
within 10 days of completion of the respective work, whichever is
sooner. The general contractor and professional design firm signs
shall be removed as a condition of the issuance of either a temporary
or permanent certificate of occupancy by the Municipal Building Department.
In determining the height of the sign, the distance shall be measured
from the top of existing curb. For additions and partial building
construction, the signs shall be placed within the existing front
yard clear area and not on the building. Contractor signs shall not
be placed along alleys but are permitted along Beach Terrace when
said property is not a corner lot.
(d)
Not more than two nonilluminated identification
signs for public and semipublic facilities such as churches and schools,
each not exceeding 12 square feet in area.
(e)
Historical markers or memorials not exceeding
12 square feet in area.
(f)
In connection with permitted commercial uses
or any residential multifamily use involving more than eight dwelling
units, two on-site signs attached flat to the building wall, not exceeding
24 square feet in area in total.
(g)
A nonilluminated political sign not exceeding
six square feet in area. Political signs shall not be erected earlier
than 30 days prior to an election. Political signs shall be removed
no later then seven days after the election. Signs shall be limited
to three signs per property.
[Added 2-19-1997 by Ord. No. 97-05]
(h)
No sign shall be placed within two feet of a property line.
No signage is permitted within a sight triangle. No signs shall be
placed on any construction fencing.
[Added 7-19-2017 by Ord.
No. 2017-19; amended 12-6-2017 by Ord. No. 2017-25]
(8)
Signs with two exposures. Such signs shall be measured
for area by using the surface of one side of the sign only. Both sides
may be used.
(9)
Wall fascia or attached signs. Wall fascia or attached
signs shall be firmly attached to the exterior wall of a building
and shall not project more than 15 inches from the building and shall
not extend beyond the limits of the building.
(11)
Portable billboards and other off-site devices
shall be prohibited in all districts.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No. 97-18; 7-17-2006 by Ord. No. 2006-13; 4-18-2007 by Ord. No. 2007-07; 8-20-2014 by Ord. No. 2014-11]
In addition to complying with other applicable regulations contained
in this chapter and all other applicable Longport ordinances, swimming
pools, hot tubs, and spas, with the exception of movable wading pools
having less than 150 square feet of water area and being 24 inches
or less in water depth, may be established only in accordance with
the following standards and requirements and only as an accessory
use to an existing and established residential, multifamily, hotel,
or motel use on the same property.
A.
Fencing.
[Amended 6-15-2022 by Ord. No. 2022-08]
(1)
All
swimming pools, hot tubs, and spas shall have a minimum four-foot-high
fence such that they are fully enclosed. The height of the fence shall
be measured from the average existing ground elevation or of the adjoining
property if located on the property line.
(2)
All
gates shall be lockable and self-closing. Fencing shall be of a type
that is nonscalable and with no footholds. The fencing shall be placed
at least three feet from the water's edge.
(3)
No
certificate of occupancy shall be issued by the Construction Code
Official until all fencing is erected and complete.
(4)
The
maximum height of any fence shall not exceed six feet. All plantings
material long a property line shall not exceed the height of six feet
by more than six inches at maturity.
(6)
All fencing shall conform to the additional standards in § 167-20 and more specifically § 167-20B(5) if located in a front yard or along an alley.
B.
Lighting. All pool/hot tub/spa lighting shall be contained within the structure and below the waterline. Area lighting shall be in conformance with § 167-23. No floodlights are permitted.
C.
Floodplain. All pool equipment shall be placed on a foundation with
a finished elevation not less than the base flood elevation for the
lot as designated on the DFIRM. With the exception of pools and spas
placed within rear yard patios and decks along the Atlantic Ocean
and Risley's Channel (between the principal structure and bulkhead/seawall),
no pool coping shall be higher than two feet above the top of the
curb elevation on the street abutting said lot. For pools placed within
the setbacks abutting alleys or Beach Terrace, no pool coping shall
be higher than two feet above the existing asphalt or concrete pavement
or existing curb, whichever is the higher.
[Amended 8-22-2018 by Ord. No. 2018-15]
D.
Setbacks.
[Amended 6-15-2022 by Ord. No. 2022-08]
(1)
All
swimming pools shall be set back at least five feet from any side
or rear property line and at least three feet from the ground floor
of any structure as measured horizontally.
(2)
Hot
tubs or spas shall be set back at least four feet from any side or
rear property line. No setback is required from the principal structure.
(3)
Setbacks
shall be measured from either the face of the structure or property
line to the vertical edge of the water.
(4)
For
lots fronting the ocean or Risley Channel, there shall be a minimum
setback from the interior line of the bulkhead or seawall of at least
three feet.
(5)
All
pools, hot tubs, or spas shall be set back at least 10 feet from any
front yard property line. Pools, hot tubs, or spas are permitted in
front of a principal structure as long as they meet the ten-foot front
yard setback.
(6)
All
pool equipment shall meet the setback requirements for pools. No pool
equipment shall be located between the pool and the front property
line. All pool equipment shall be screened with fencing or lattice
in accordance with the requirements for fencing in the ordinance.
E.
All pools shall have an exterior walkway. A continuous exterior walkway
shall have a minimum width of three feet from the waterline to a maximum
width of four feet. Any walkway wider than four feet shall be considered
a patio and meet the setback requirements for patios in the respective
zoning district. Noncontinuous pool walkways consisting of solid step
stones not greater than 24" x 24" and spaced not less than 18 inches
apart shall not be required to meet the setback requirements.
[Added 10-23-2019 by Ord.
No. 2019-17; 6-15-2022 by Ord. No. 2022-08]
F.
The coping
around a pool shall maintain a setback of at least 3.5 feet from any
driveway or designated parking area.
[Added 6-15-2022 by Ord. No. 2022-08]
G.
Aboveground
swimming pools are prohibited. An "aboveground swimming pool" is defined
as a pool of any shape constructed entirely above the final property
grade. Aboveground pools are capable of being easily disassembled
and reassembled to their original configuration.
[Added 6-15-2022 by Ord. No. 2022-08]
H.
An as-built
survey shall be required after construction for all new swimming pools
to confirm that all setbacks and ordinance requirements are compliant.
[Added 6-15-2022 by Ord. No. 2022-08]
No open space provided around any principal
building for the purposes of complying with the front, side, rear
or other yard provisions of this chapter shall be considered as providing
the yard provisions for another principal building.
A.
Where there is a question as to the suitability of
a lot for its intended use due to factors such as flood conditions,
severely limited soils or similar circumstances, the Planning Board
may, after investigation, withhold approval of such lot or lots until
such time as the subdivider has presented adequate proof to the satisfaction
of the Planning Board, that the lot or lots are suitable for the intended
use or that the subdivider will employ construction techniques that
will enable the applicant to negate any unsuitability to the satisfaction
of the Borough Engineer.
B.
If the soils of the site are not satisfactory for
the intended construction, the plans shall be designed to eliminate
or overcome the poor soils condition. The Borough Engineer may require
that soil borings be performed at the site at his direction in order
to determine the extent of poor soils and subsoil groundwater conditions.
The measures may include, but are not limited to, underdrains, subbase
outlet drains and soil excavation and replacement with approved embankment
material.
No boat shall be used as a dwelling unit, nor
shall any lot be used as access to a boat used as a dwelling.
Major recreational equipment, including boats,
boat trailers, travel trailers, pickup campers or coaches and tent
trailers, shall be parked or stored only as an accessory use for the
occupant of a lot, except in connection with a permitted commercial
use. Parking or storage in a front yard is prohibited.
