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.