Longport City Zoning Code
ARTICLE III
Application of Regulations
§ 167-5 Contiguous lots.
If two or more lots or combination of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter.
§ 167-6 Existing lots.
A lot failing to meet the district requirements for the lot area, width or depth and which is demonstrated to have been public record and not contiguous to other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located, provided that variance from any other maximum-minimum building standards shall be permitted only by action of the Board of Adjustment.
§ 167-7 Building height and height exceptions.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No. 97-18; 6-20-2001 by Ord. No. 2001-10; 7-17-2006 by Ord. No. 2006-13; 12-5-2012 by Ord. No. 2012-15; 6-5-2013 by Ord. No. 2013-11; 4-19-2023 by Ord. No. 2023-09]
A.
Maximum building height shall be determined in accordance with the following:
(1)
Maximum building height shall be 29 feet six inches above the finished first floor of the structure for all new and elevated construction, which measurement shall be from a finished first floor not higher than that required under Chapter 99 of the Longport Code.
(2)
In determining permitted maximum building height for improvements or additions to existing structures, the existing finished first floor shall be utilized as long as it is at or below the minimum finished first floor elevation required by Chapter 99.
(4)
The maximum building height may be established at 32 feet as above determined from finished first floor, provided that no portion of the roof structure above 29 feet six inches has a roof pitch less than 4:12.
B.
Eaves and dormers.
(1)
Along any side yard, the underside of the roof eave of any structure shall not be higher than 19 feet above the finished first floor as determined in Subsection A.
(2)
Any portion of roof beginning not more than 18 inches from the face of the principal structure and not more than 14 inches higher than the permitted eave height shall not be steeper than 45°, or a slope of 1:1. Within this 45° roof slope along any side yard, vertical- and/or slope-faced dormers will be permitted to have a slope greater (steeper) than 1:1.
(3)
No dormer face will be permitted to be closer than the required principal building side yard setback. No such construction greater than 1:1 (45°) may occur within five feet of the required minimum front or rear principal building setbacks.
(4)
In addition to the permitted dormer length, not more than two small-roofed window areas projecting not more than three feet horizontal (maximum perpendicular projection at any point from the 1:1 roof slope line), and each not more than four feet in width at any point, may also be permitted to violate the slope of 1:1 (45°).
(5)
The minimum permitted pitch of any roof slope above 29 feet six inches shall be 4:12.
C.
All principal buildings and structures shall be subject to these height limitations except as follows:
(1)
Buildings or facilities owned by the Borough of Longport.
(2)
Chimneys or flues necessary to the height required by the International Building Code, NJ Edition, or International Residential Code, NJ Edition, as applicable.
(3)
Plumbing vent piping to the height required by the International Building Code, NJ Edition, or International Residential Code, NJ Edition, as applicable.
(4)
Freestanding ground-mounted flagpoles within the front and rear yards only with a top height not greater than elevation 50.0 MSL.
(5)
Elevator shaft of no more than 36 square feet, provided that the height is no more than necessary to allow access to the highest habitable floor.
§ 167-8 Irregularly shaped lots.
In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall a distance between side lot lines be reduced to less than 60% of the minimum lot width requirement at the street line.
§ 167-9 Required frontage.
Every principal building shall be built upon a lot having frontage on a municipal, county or state street. For a lot bounded by both an alley and a street, the frontage shall only be considered along the street. For existing lots fronting on an alley only, the frontage shall be measured along the alley right-of-way, and the depth of the lot shall not be less than 100 feet.
§ 167-10 Floor area ratio requirement. [1]
[Added 12-5-2012 by Ord. No. 2012-15]
In all zoning districts, the maximum floor area ratio (FAR) for detached single-family construction shall be 0.80 (80%). See the definition of floor area ratio" contained in § 15-37 for the method of determining FAR.
[1]
Editor's Note: Former § 167-10, Yard requirement modifications, was deleted 11-2-1994 by Ord. No. 94-22.
§ 167-11 Building projections.
[Amended 11-2-1994 by Ord. No. 94-22; 10-15-1997 by Ord. No. 97-18; 6-20-2001 by Ord. No. 2001-10]
Building projections into required minimum yard setbacks are permitted as follows:
A.
Steps and stairs in accordance with the following:
[Amended 12-17-2008 by Ord. No. 2008-21; 6-21-2017 by Ord. No. 2017-15; 4-19-2023 by Ord. No. 2023-09]
(1)
Uncovered steps or stairs extending from the ground level to the finished first floor of a principal structure and constructed perpendicular to the street right-of-way may project into the front yard not closer than five feet to the front property line in the RSF-1 and RSF-2 Zoning Districts and one foot in the RSF-3 Zoning District.
(2)
All steps or stairs that are constructed in the front yard which are parallel to the street rights-of-way shall meet the required front yard setback for the principal structure.
(3)
Uncovered steps or stairs extending from the original ground elevation to the finished first floor of a principal structure may project into the rear yard setback not closer than 10 feet to the rear property line for the RSF-1 and RSF-2 Zoning Districts; and not closer than five feet for the RSF-3 Zoning District.
(4)
Uncovered steps or stairs extending from the original ground level to the finished first floor may be set back not less than five feet in the side yard in RSF-3 Zoning Districts only.
(5)
Outdoor steps or stairs for accessory structures shall meet the required setback for accessory structures.
B.
Roof eaves and fixed or retractable window awnings may project into any front, rear, or side yard area not more than 18 inches to the outside constructed edge only when said principal structure is in conformance with the current ordinance setback requirements for that yard.
C.
Fireplaces and chimneys, not wider than eight feet along any one side, will be permitted to project within the side yard only not closer than five feet to the property line. Heating, ventilation, air conditioning, and pool equipment, and their respective pads not higher than Elevation 11.5 (NGVD29) shall be permitted to project within the side yard setback not closer than five feet to the property line. Heating, ventilation, air conditioning, and pool equipment, and their respective pads not higher than Elevation 11.5 (NGVD29) shall be permitted to project within the rear yard setback not closer than 10 feet for the RSF-1, RSF-2, C/H, C-O, and RMF Districts and five feet for the RSF-3 and Public Districts. Outdoor showers not wider than five feet, not deeper than three feet, and not higher than eight feet, unless within the principal building setbacks, shall be permitted only within the rear yard area and shall be permitted to project within the rear yard setback not closer than 12 feet for the RSF-1, RSF-2, C/H, C-O, and RMF Districts and seven feet for the RSF-3 and Public Districts.
[Amended 7-17-2006 by Ord. No. 2006-13]
D.
Decks, porches, carports, and patios shall be permitted within the rear yard setback not closer to the rear property lines than 10 feet for the RSF-1 and RSF-2 Districts and five feet for the RSF-3 District. No decks, porches, carports, or patios shall be constructed within the front or side yard setback areas. Lots having property lines adjoining the bulkheads along the Atlantic Ocean and Risley's Channel shall be permitted to project a first-floor unroofed deck or patio not higher than Elevation 11.5 NAVD 1988 along the Atlantic Ocean and Elevation 11.5 NAVD 1988 along Risley's Channel to the landward face of said bulkhead, provided that said bulkhead is within the property lines. Construction of said decks or patios adjacent to the concrete seawall shall terminate at the property line and shall in no case extend up to or over the concrete wall. On such permitted decks, porches, or patios, railing shall be limited to 42 inches above the finished height of the deck. Along the Atlantic Ocean and Risley's Channel, no decks extending to the bulkhead of the seawall shall be permitted within the side yard setbacks.
[Amended 7-1-2009 by Ord. No. 2009-21; 8-22-2018 by Ord. No. 2018-15]
E.
Decks or patios with a finished elevation not greater than 12 inches above original grade shall be permitted to project within the rear yard setback not closer than five feet to the property line for the RSF-1 and RSF-2 Districts and four feet for the RSF-3 District.
F.
Planters and planter areas with finish wall or ground elevation greater than 12 inches above the roadway top of curb elevation fronting the property shall not be constructed within three feet of the front and side property lines. For top of curb elevations which may vary across the property, the Zoning Officer's determination of the proper grade necessary to effect this subsection shall be binding.
G.
A single emergency generator meeting all of the following requirements shall be permitted on a single-family detached developed lot subject to both zoning and building permit approvals.
[Added 7-31-2012 by Ord. No. 2012-08]
(1)
The output of the generator unit must not exceed 60 KW and there shall be no more than one unit per single-family dwelling.
(2)
The motor for the generator unit shall be powered by natural gas only.
(3)
The generator unit must be in a sound-attenuated weatherproof enclosure with the engine exhaust muffled to not more than 80dB(A).
(4)
The generator unit maintenance run time shall only be permitted between 10:00 a.m. and 2:00 p.m. Monday through Friday, excluding holidays. Maintenance run times shall not be more than a total of 30 minutes during any seven-day cycle.
(5)
The generator unit must be located not lower than that required by Chapter 99 and on a suitable support designed and certified by a New Jersey licensed engineer, which certified design must be submitted with the municipal building permit application.
(6)
The exterior limits of the generator unit shall not be closer than four feet to any side yard and shall not be located closer to the rear property line than 10 feet in the RSF-1 and RSF-2 Zoning Districts and five feet in the RSF-3 Zoning District. For other than an RSF Zoning District, the setback of any unit must meet the requirements of the adjacent RSF Zoning District.
(7)
No unit to be placed within a side yard shall be located within 10 feet of the front property line or the current existing principal building front yard setback along that side yard, whichever is greater.
(8)
No unit shall be placed more than three feet from the principal or accessory structure.
(9)
All electrical wiring shall be in accordance with the manufacturer's specifications between the unit and the serving structure.
(10)
For other than single-family detached construction, application must be made to, and approval obtained from, the Municipal Planning Board to assure compliance with setback and coverage requirements.
(11)
The area of the generator unit shall be counted as impervious lot coverage. Any variances necessary for lot coverage shall only be approved by the Municipal Planning Board.
§ 167-12 Yard exceptions for garages.
[Amended 10-15-1997 by Ord. No. 97-18]
A.
On residential lots, a masonry one-story garage with a maximum eave elevation of 10 feet above the floodplain elevation as established by the Federal Emergency Management Agency may be permitted to be erected in a side yard or rear yard setback to within 12 inches of the property line, provided that such garage is not a structural part of the principal building; is not closer than five feet to the principal building or within three feet of a road, alley, or street right of way line; is situated within the rear yard of the lot as determined by the Municipal Zoning Officer; and is not within the established sight triangle. Any such garage shall have gutters and leaders placed toward the principal building and be constructed of noncombustible materials. All walls shall be constructed of masonry block, no windows or doors shall be permitted on the property lines and the ceiling finish shall be one hour fire-resistance rating of gypsum wallboard. Any portion of the above referenced building above the ten-foot eave shall have a roof with a maximum slope of 45° or a one to one ratio. The maximum height of any detached garage shall be not greater than 10 feet to the bottom of the roof eave and 14 feet to the roof peak measured from the finished floor of the garage to the finished roofline.
[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]
B.
The portion of yard being reduced by such garage shall not abut the front yard of another lot or a street, and the length of yard being reduced shall not exceed 25 feet. No part of said garage, roof, eave, gutter or other projection shall extend beyond the property line.
C.
On residential lots, frame or nonfireproof one-story garage with a maximum eave elevation of 10 feet above the floodplain elevation for that zone may be permitted to be erected in a required side yard or rear yard, provided that such garage is not a structural part of a principal building, is not closer than five feet to the principal building, is situated to the rear of the principal building and is not closer to the rear and side property lines than three feet. The portion of the yard being reduced by such garage shall not abut the front yard of another lot or a street, and the length of yard being reduced shall not exceed 25 feet. Any portion of the above-referenced building above the ten-foot eave shall have a roof with a maximum slope of 45° or a one-to-one ratio. The maximum height of any detached garage shall not be greater than 10 feet to the bottom of the roof eave and 14 feet to the roof peak measured from the finished floor of the garage to the finished roofline.
[Amended 6-20-2001 by Ord. No. 2001-09; 11-16-2005 by Ord. No. 2005-12]
D.
There shall be no structure, aboveground deck or platform connecting the principal structure with the garage.
[Added 10-23-2019 by Ord. No. 2019-17]
§ 167-13 Dual use of space.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any buildings for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
§ 167-14 Uniformity of regulations.
Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
§ 167-15 Yard reductions prohibited.
No yard or lot existing at the time of adoption of this chapter shall be reduced in width, depth or lot area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by the chapter.