Jersey Shore City Zoning Code
ARTICLE X
Supplemental Lot Regulations
§ 300-48 Access to structures.
A.
Every dwelling or commercial structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access by a private street approved under the applicable subdivision and land development ordinance.[1] All structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
B.
Ingress and egress from buildings shall be placed in relation to the finished entrance floor levels and the natural terrain and in a safe manner which will minimize concentration of traffic.
C.
Pedestrian access to public buildings, open space and parking facilities shall include considerations for disabled and handicapped persons in accordance with Americans With Disabilities Act standards.
D.
No lot shall be created, nor building erected, upon a lot which does not abut a street with a right-of-way of at least 20 feet.
§ 300-49 Accessory uses and structures.
Accessory structures shall comply with all requirements for the principal structure except where specifically modified by this chapter and shall comply with the following limitations:
A.
Fences, walls, and hedges.
(1)
Fences, walls and hedges shall not exceed six feet in height, except where used to enclose or screen an outdoor storage yard for commercial and industrial uses.
(2)
See § 300-59 for fencing and screening requirements for outdoor storage yards for commercial and industrial uses.
(3)
Fences, wall and hedges shall not be erected in the clear sight triangle as defined in § 300-53.
(4)
Any fences, walls, and hedges erected under this section shall be placed at least six inches from any property line. Any fence, wall, or hedge erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may they be less than one foot back from the front line and/or property line.
(5)
Fences, walls and hedges may be erected on a side property line when the abutting property owner(s) agree in writing and the written agreement is furnished to the Zoning Officer and the document recorded in the County Register and Recorder's Office. Payment and maintenance of such fence, wall or hedge shall be agreed upon in writing before any permit is issued.
(6)
The following fences and fencing materials shall be prohibited:
(a)
Barbed wire;
(b)
Tarpaulin or canvas fences;
(c)
Cloth fences;
(d)
Electrically charged fences;
(e)
Poultry fences;
(f)
Turkey wire;
(g)
Fences constructed from slab wood;
(h)
Temporary fences, such as snow fences;
(i)
Expandable fences and collapsible fences, except during the construction of a building.
(7)
Chain-link fences shall be erected with a closed loop at the top of the fence.
(8)
All entrance gates shall open into the property.
(9)
Any fence, wood stockade, chain link or other type of fence shall have the finished-to-smooth side facing to the outside of the property owner installing the fence. Fence posts shall be placed on the inside of the fence.
(10)
Fences shall be set back a minimum of two feet from any alley right-of-way to facilitate winter maintenance of the alley. The finished side of a fence shall face to the lot exterior. Hedges shall be set back a minimum of five feet to insure room for winter maintenance based on their mature form and shall be trimmed to a two-foot setback.
 Setbacks for Fences, Walls, and Hedges |
* | Fences shall also have a minimum one-foot setback from any sidewalk parallel to the street in the vicinity of the front property line. |
B.
Attached accessory structures. Accessory structures attached to a principal building shall comply with the minimum yard requirements for the principal building.
C.
Detached accessory buildings or structures for residential lots. Detached accessory buildings or structures shall comply with the following:
(1)
Shall not be located in front of the principal structure.
(2)
Shall not exceed two per lot.
(4)
The minimum rear and side yard setbacks may be reduced to five feet for a utility shed not exceeding 144 square feet in area, provided there are no doorways opening to a five-foot setback area.
(5)
Shall occupy no more than 40% of the lot to the rear of the principal structure lot.
(6)
Shall not exceed 15 feet in height.
(8)
A mobile home, travel trailer or other previously mobile structure shall not be utilized for an accessory structure.
D.
Recreation equipment for residential lots. Recreational equipment, including but not limited to playground equipment, swing sets, climbing apparatus, trampolines and tents, shall not be located in the front yard.
 Minimum Yards and Setbacks - Residential Lots |
* | The minimum front yard setback shall be 15 feet or the average of the homes in the block. The minimum front yard setback shall be 20 feet for yards fronting on a state highway. | |
** |
E.
Swimming pools. Private swimming pools, permanent and portable, not in conjunction with other recreation uses, shall be a permitted accessory use in any district, provided that:
(1)
The pool shall not be located within any front yard, not within 15 feet of any front and rear lot line or street and alley right-of-way. Side yard setbacks shall be 10 feet.
[Amended 4-8-2013 by Ord. No. 2013-01]
(2)
Enclosure and access considerations. Outdoor swimming pool installations including in-ground, aboveground or on-ground pool, hot tub or spa shall have barriers to provide protection against potential drowning and near-drowning in accord with the International Building Code. See the International Residential Code for One- and Two-Family Dwellings, 2006, as amended.
 Swimming Pools In Side or Rear Yards Only |
F.
Private tennis courts shall be permitted within minimum side or rear yard areas, provided that such facility shall not be less than 15 feet from side or rear property lines, and shall comply with floodplain regulations, if appropriate.
G.
Sidewalks and driveways may be located within minimum front, rear, and side yards.
H.
Canopies used to protect pump islands at gas stations or convenience marts shall be permitted in any yard, provided that a twenty-foot minimum building setback line is maintained and the height of the canopy shall not exceed 24 feet.
I.
Storage of motor vehicles. Except as provided in other regulations, not more than one currently unregistered and/or uninspected motor vehicle shall be parked, kept or stored on any property, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Violations under this section shall be governed by Borough Code § 140-5D.
J.
On-lot storage of recreational vehicles. Motor homes, travel trailers, boats or other recreational vehicles or trailers or similar units may be stored or parked in a Residential District in accordance with the following requirements:
(1)
No recreational vehicles shall be parked or stored on the street, except as may be permitted by Borough Code § 284-41.
(2)
The residential occupancy of any recreational vehicles shall not exceed two consecutive weeks. The occupancy may only be repeated after a one-month interval has passed following any occupancy period.
(3)
All such vehicles shall bear a current license, registration, and/or inspection.
(4)
No recreational vehicle shall be used as a permanent storage facility or accessory structure.
K.
Outside storage for commercial and industrial uses. For the purposes of this chapter, the outside storage of goods, materials, or merchandise may only be authorized as accessory to an approved principal commercial or industrial use and shall be subject to the following standards:
(1)
Such storage shall not constitute a nuisance.
(2)
No storage shall be permitted in any front yard area and shall be situated so as to meet the applicable side or rear yard setback requirements of the district in which it is located.
(3)
No part of a street right-of-way, sidewalk or other area intended or designed for pedestrian use, and no required parking area shall be used for such storage.
(4)
All such storage areas shall be screened or shielded from view by an eight-foot fence or wall which is open or broken only where necessary for vehicle entrances or exits and to avoid obstructing a clear sight triangle. In lieu of fencing, a landscape screen in accord with § 300-59 may be utilized.
(5)
In no case shall the storage cause the lot to become a junkyard, nor shall such accumulation become an independent commercial operation.
L.
Small wind energy system.
(1)
Definition. A single tower, or multiple towers, situated on a lot to provide energy from a wind source to an individual home, multifamily residential use, office or business and industrial and agricultural uses located on the same lot. The wind energy is not to be provided to others for sale off-site in the power grid. The small wind energy system may follow the rules of net metering under the state policy.
(2)
Controls.
(a)
Lot size shall not be less than two acres, inclusive of the permitted principal use, and shall only be located in the Industrial Zone.
(b)
The tower height inclusive of blade tip shall not exceed 120 feet measured from the ground level below the base of the tower.
(c)
Setbacks from all lot lines shall be a factor of 1.1 times the tower height. Towers are prohibited from locating in the front yard.
(d)
Monopole tower style is encouraged. Guy wires of towers shall be located entirely on the premises of the applicant.
(e)
The small wind energy system is to operate on the same lot to serve the principal use.
§ 300-50 Conversion or replacement of buildings.
The conversion of any nonresidential building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households, shall be permitted only within a district in which a new building for a similar occupancy would be permitted under this chapter. The resulting dwelling(s) shall comply with all requirements governing new construction in such district.
§ 300-51 Habitable space requirements.
No dwelling or other structure shall be constructed or converted to provide living accommodations unless each unit therein contains the minimum habitable space specified under the Uniform Construction Code, as amended, and the site conforms to the minimum area and yard requirements set forth in Articles IV through VIII.
§ 300-52 Height regulations.
A.
Measuring building height: the vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof.
 |
B.
Exceptions to height regulations. The height limitations of Articles IV through VIII shall not apply to church spires, belfries, cupolas, and mechanical penthouses, nor to chimneys, ventilators, skylights, solar panels, utility poles, standards, and necessary mechanical appurtenances usually carried above roof level. The height exceptions shall not apply to any communications antennas or communications towers.
§ 300-53 Intersection visibility.
A.
No obstruction to vision (other than an existing building, post, column, tree, or proposed or existing public utility pole) exceeding 24 inches in height shall be erected, planted or maintained on any lot within a clear sight triangle within that part of the required front or side yard which is within a horizontal clear sight triangle bounded by the two curblines (paved street lines) and a straight line drawn between points on each such line 30 feet from the intersection of said lines or extension thereof. All plant material shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.
B.
At each point where an alley or a private driveway intersects a public street, a clear sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the driveway shall be maintained within which vegetation and other visual obstructions shall be limited to height of not more than 24 inches above the street grade.
 Location of Clear Sight Triangles |
§ 300-54 Mobile home placement.
The erection or replacement of mobile homes shall be governed by any applicable building code (see the current Uniform Construction Code[1]). In the event that no building code applies, the following criteria shall be used in order to protect the health, safety, and welfare of Borough residents. The criteria shall apply both to mobile homes placed in mobile home parks and to individual lot installations.
A.
Every mobile home shall be placed upon a foundation. One of the following types of foundations must be utilized.
(1)
Permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. Such foundation shall be constructed to leave no unnecessary open space between the mobile home and the foundation, except for windows or other openings as might be necessary for purposes such as floodproofing. The mobile home shall be securely attached to such a foundation.
(2)
Stand or pad. Shall consist of a properly graded, placed and compacted material equal to the length and width of the mobile home. The pad or stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the structure and shall be designed to uniformly support the mobile home in a level position. At a minimum, each pad shall be provided with one frost-proof footer at least 16 inches in width, extending the full width of the pad, for every 10 feet of mobile home length.
B.
The mobile home shall be anchored to prevent flotation, collapse, or lateral movement in accordance with the manufacturer's instructions. In the event manufacturer's instruction are not available, anchoring shall consist of the following:
(1)
Over-the-top ties, if not built in, shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side, all over-the-top ties shall be attached to ground anchors;
(2)
Frame ties shall be provided at each corner of the mobile home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;
(3)
The components of the anchoring system shall each be capable of carrying a force of 4,800 pounds;
(4)
Any additions to the mobile home shall be similarly anchored.
C.
Each mobile home shall have a continuous wall around its entire perimeter. The continuous wall may be of concrete or masonry constructed to below the frost line (e.g., permanent foundation) or skirting. Skirting shall be designed to complement the appearance of the mobile home, including material which has been fabricated for the specific purpose of providing a pervious moisture-resistant skirting material, and shall not include bales of straw, hay, interior plywood, unfinished wood, or like material.
D.
Access to a crawl space created by the installation of a wall shall be provided by means of a door or panel capable of being locked.
§ 300-55 Nuisance standards.
A.
Noise.
(1) AMBIENT SOUND CONTINUOUS SOUND IMPULSIVE SOUND LAND USE NORMAL RESIDENTIAL ACTIVITIES SOUND SOURCE
Terminology. All technical terminology not defined below shall be defined in accordance with applicable publications of the American National Standard Institute (Acoustical Terminology, ANSI, [S1.1-1960](R1976)) with its latest approved revisions.
The all encompassing noise associated with a given environment being a composite of sound from many sources near and far, excluding the sound source.
Any sound which is steady state, fluctuating, or intermittent with a recurrence greater than one time in any one-hour interval.
Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one-hour interval.
The actual real use of land and buildings regardless of the zoning or other classification attributed to such land and buildings.
Any sound which is generated as a result of an owner or occupier of a residence exercising his normal and usual right to enjoy, maintain, repair or improve said residence or the real property upon which the residence is located.
The noise source which is being evaluated to determine its conformance with permissible sound levels.
(2)
Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI, Standard Specification for Sound Level Meters, S1.4-1983 and ANSI S1.13-1971, "Standard Methods for the Measurement of Sound Pressure Levels") with its latest revisions or may be done manually as follows:
(a)
Observe the ambient sound on a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(b)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.
(c)
Calculate the mathematical average of the observed central tendency indications. This value is the ambient sound level.
(d)
Observe a sound level meter for five seconds with the sound source operating and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(e)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.
(f)
Calculate the arithmetical average of the observed central tendency indications. This is the sound level of the ambient sound plus the sound source (total sound level).
(g)
If the difference between the ambient sound and the sound source is 10 dBA or greater, the measured sound level is an accurate measurement of the sound source. This value should be compared to the permitted sound levels in Subsection A(3).
(h)
Due to the logarithmic nature of sound, if the difference between the ambient sound level and the total sound level is less than 10 dBA, a correction factor shall be applied. The corrections factors are noted in the table below:
Total Sound Level minus ambient sound level | Correction factor to be subtracted from Total Sound Level | |
|---|---|---|
10 | 0 | |
9 | 1 | |
8 | 1 | |
7 | 1 | |
6 | 1 | |
5 | 2 | |
4 | 2 | |
3 | 3 | |
2 | 4 | |
1 | 7 |
(3)
Sound levels by receiving land use.
(a)
No person shall operate or cause to be operated within the Borough any source of continuous sound in such manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use, during the times specified below.
Continuous Sound Levels by Receiving Land Use | |||
|---|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit (dBA) | |
Residential, public space, open space, agricultural, institutional | 7:00 a.m. to 10:00 p.m. | 55 | |
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 50 | ||
Office, commercial, business | 7:00 a.m. to 10:00 p.m. | 65 | |
10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 | ||
Industrial | All times | 70 | |
(b)
For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth above, provided that in no case shall they exceed 80 dBA, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of a Type II meter, meeting the American National Standard Institute specifications S1.4-1983.
(4)
Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this chapter:
(a)
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device in such a manner as to create a noise disturbance across a real property line.
(b)
Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance across any real property boundary.
(c)
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. if such operation creates a noise disturbance across a real property boundary line. This section does not apply to domestic power tools or to vehicles which are duly licensed, registered and inspected for operation on public highways.
(d)
Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary.
(5)
Exceptions. The maximum permissible sound levels by receiving land use established in Subsection A(3) shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(b)
Work to provide electricity, water, or other public utilities when public health or safety are involved.
(c)
Cultivation of crops.
(d)
Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, Title 67, Chapter 450 governing established sound levels, effective August 27, 1977).
(e)
Public celebrations, specifically authorized by the Borough.
B.
Smoke, ash, dust, fumes, vapors and gases.
(1)
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
C.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines.
D.
Vibrations. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity.
E.
Storage and waste disposal.
(1)
No storage of flammable or combustible liquids in excess of 30 gallons shall be permitted unless written approval has been obtained from the Director of the Pennsylvania State Police, Fire Marshal Division. This requirement shall not apply to domestic heating systems.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
(3)
All materials or waste 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 outdoors only if enclosed in containers adequate to eliminate such hazards.
F.
Radioactivity and electrical disturbance.
(1)
Any use which emits dangerous or harmful radioactivity shall be prohibited. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection Rules and Regulations.
(2)
No use shall produce an electrical disturbance which adversely affects the operation of any equipment beyond its property line. This requirement shall not apply to electronic and electrical equipment which meets the applicable standards of the Federal Communications Commission (FCC), the Underwriters Laboratories (UL), and the Electronics Industries Association (EIA).
§ 300-56 Outdoor lighting on private premises.
All outdoor floodlighting and spot lighting on private premises shall be mounted and shielded to effectively eliminate direct glare on adjacent properties or upon public streets.
§ 300-57 Allowable projections into minimum yards.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size or lot coverage:
A.
Projecting architectural features: bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features, provided they do not extend more than four feet into any required yard nor closer than five feet to any adjacent property line.
B.
Uncovered patios, decks, driveways, walks, parking areas, stairs and other such structures, providing they are no higher than 12 inches above yard grade.
C.
Open balconies or fire escapes, provided such balconies or fire escapes are not supported on the ground and do not project more than five feet into any required yard nor closer than five feet to any adjacent property line.
D.
Covered porches shall be considered part of the main building and shall not project into any required yard.
§ 300-58 Public utilities exempt.
This chapter shall not apply to any existing or proposed building, or extension thereof, used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of party to the proceedings.
§ 300-59 Screening and landscaping.
Screen planting as may be required elsewhere in this chapter, or where determined to be necessary by the Borough Council or the Zoning Hearing Board in a particular application shall serve as a barrier to visibility, glare, and noise between adjacent properties.
A.
Screening.
(1)
Plant or vegetative materials, including shrubs or evergreens, used in screen planting shall be of such size and species as will produce, in two years, a complete visual screen eight feet in height and of such density as is necessary to achieve the intended purpose.
(2)
Screen planting shall be maintained permanently by the lot owner, and any plant material which did not survive shall be replaced within one year.
(3)
Screen planting, when mature, shall not encroach into any road right-of-way or into a driveway or intersection clear sight triangle.
(4)
Screen planting shall be designed to avoid growth onto or over adjoining property.
§ 300-60 Storage of discarded materials, junk and certain vehicles.
The outdoor storage of any discarded materials, junk including automotive vehicles or trailers of any kind without current license plates or inspection, or other inoperative machinery shall be:
§ 300-61 Unique lots and building locations.
A.
Land development of two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot: A land development plan will be required in order to place an additional principal building on a single parcel (see Chapter 266, Subdivision and Land Development).
B.
Corner lots and through lots. The minimum front yard setback shall also apply to side or rear yards which abut streets.
 Minimum Yards for Corner Lots |
C.
Ratio of lot width to length. The ratio of lot width to length for newly created residential lots shall be a maximum of one to three for lots of less than 10 acres one and five for lots 10 acres or greater in size.