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.
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.
[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.
(5) No portion of any fence shall be located within a sight triangle unless conforming to §
167-20.
(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.
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.