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.
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.
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]
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]
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.
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.
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]
An in-ground private residential swimming pool area must be surrounded by a fence of six feet in height. Fences or any portion thereof in excess of six feet are specifically prohibited. See § 167-26 for additional standards. All measurements shall be made on the outside of the fence from the average existing grade of the adjoining property.
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.
Buffer areas shall meet the requirements specified in § 167-22. Buffer widths shall be a minimum of four feet.
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.
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.
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]
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]
[Added 5-16-2001 by Ord. No. 2001-8]
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.
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]
Fireplaces and firepits.
[Added 8-20-2014 by Ord. No. 2014-10]
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.
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.
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.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
Each lot must front upon an approved municipal, state or county street.
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.
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.
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.
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.
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.
[Amended 12-7-2005 by Ord. No. 2005-14]
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.
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.
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]
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]
Type of facility.
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:
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.
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]
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]
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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]
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]
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]
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.
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.
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.
Historical markers or memorials not exceeding 12 square feet in area.
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.
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]
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]
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.
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.
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.
Fencing. All in-ground and aboveground 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 existing ground elevation. 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. No certificate of occupancy shall be issued by the Construction Code Official until all fencing is erected and complete.
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.
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]
Setbacks. All swimming pools, hot tubs, or spas, whether aboveground or not, shall be set back at least five feet from any side or rear property line and at least three feet from any structure. Setbacks shall be measured from either the face of the structure or property line to the vertical edge of the water. 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. All pools, hot tubs, or spas shall be set back at least 10 feet from any front yard property line.
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.
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.
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.