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Manasquan City Zoning Code

§ 35-11.8

Additional Lot, Height and Yard Requirements.

[Ord. No. 1784-99 § 3; Ord. No. 2057-09 § 7; Ord. No. 2130-13 § 3; Ord. No. 2139-13; Ord. No. 2228-2017; amended 9-21-2020 by Ord. No. 2313-20; 10-3-2022 by Ord. No. 2377-22; 10-20-2025 by Ord. No. 2564-25]
a. 
No deck shall be constructed above the highest finished floor of any building or structure;
b. 
No steps, stairs, entry porch, platform, landing, shower enclosure, standby generators, pool equipment, air conditioning condensing units, or mechanical equipment shall be constructed, located or maintained in any required side yard setback area. Note: Standby generators must be screened so that it is not visible from the adjacent properties. Note: Outdoor showers are prohibited in the front yard. Refer to Subsection 35-11.9.1;
c. 
An uncovered and unscreened entry porch, platform or landing leading to a basement, cellar or first floor which is not more than five feet wide may project not more than three feet (not including steps) into the required front or rear yard setback area, provided the floor of the porch is within three feet of ground level;
d. 
Entry steps or stairs may be located in the required front and rear setback areas;
e. 
An open terrace, deck or patio, but not including a roofed over porch or terrace and not more than three feet above the surrounding grade may be located in the front yard provided that the unoccupied portion of the front yard has a depth of at least 10 feet;
f. 
A one-story bay window may project into a front yard not more than three feet;
g. 
Roof overhangs and chimneys may project not more than 24 inches into the required side setback area;
h. 
For existing residential principal buildings located in Flood Hazard Zones V and A as reflected on the most current FEMA Flood Insurance Rate Map (FIRM) as released on December 15, 2012, steps and/or stairs required to be extended as a result of the building being raised shall be permitted to extend into any required front, rear or side yard setback, but not into the public right-of-way. For new residential construction located in Flood Hazard Zones V and A as reflected on the most current FEMA Flood Insurance Rate Map (FIRM) as released on December 15, 2012, steps and/or stairs may be located in the front and rear setback areas;
i. 
Ground level decks, freestanding decks and/or patios not more than eight inches above the surrounding grade must be setback a minimum of five feet from the side and rear property lines on interior lots. On corner lots, the deck or patio must meet the side setback for the principal building. Properties located on a lagoon, the rear deck can be extended to the bulkhead;
j. 
Notwithstanding the provisions of paragraphs a and f above, residential principal buildings located in Flood Hazard Zones V and A as reflected on the most current FEMA Flood Insurance Rate Map (FIRM), as released on December 12, 2012, may construct first-floor decks in the front and rear yards at a height not to exceed the level of the first floor of the structure.
k. 
Maximum building height for all garage apartment buildings facing First Avenue in Flood Hazard Zone V as reflected on the most current FEMA Flood Insurance Rate Map (FIRM) as released on December 15, 2012, shall be in accordance with Subsection 35-9.4.
l. 
Open and uncovered decks and porches, as defined herein, that are constructed using pervious materials and are certified by the Borough Engineer as meeting acceptable standards for stormwater infiltration, shall not be included in the calculation of maximum lot coverage or building coverage, provided they do not include any impervious underlayment or enclosure.
m. 
All applicants seeking to exclude pervious decks or porches from lot and building coverage calculations must submit documentation, including construction details and material specifications, to the Zoning Officer and Borough Engineer demonstrating compliance with pervious construction standards. Final determination shall be made by the Borough Engineer.
n. 
For the purposes of calculating building coverage and lot coverage, all types of pavers installed with a pervious base or spacing that allows for water infiltration shall be treated as a pervious surface. This includes installations used for walkways, patios, driveways, and other hardscape features. The pervious surface must be sand-based. All drainage and stormwater management requirements as set forth in Borough ordinances and NJDEP regulations shall continue to apply to any such installations. Applicants are required to provide construction details or documentation confirming that paver installations are pervious in nature. Failure to construct or maintain paver surfaces in a pervious manner may result in the reclassification of such surfaces as impervious and be subject to enforcement.
o. 
No property owner shall design, modify, or maintain any structure, grading, landscaping, or drainage system in a manner that intentionally causes the discharge or redirection of stormwater or runoff onto any adjacent or neighboring property. All stormwater shall be retained and managed on-site in accordance with applicable Borough and state regulations.
p. 
Notwithstanding any other provision of this chapter, swimming pools water surface shall not be included in the calculation of impervious surface coverage for any zoning or land development purpose, including but not limited to the computation of maximum lot coverage, stormwater runoff, or drainage area limitations.
q. 
Covered, permanent window wells, as defined herein, shall be considered architectural projections or bump-outs for the purposes of setback and yard requirements, similar to chimneys, bay windows, or egress wells. Accordingly, such window wells shall be subject to the applicable bump-out regulations of the Borough of Manasquan, including but not limited to maximum encroachment distances, placement, and height limitations within required yards and setbacks.
r. 
Exterior air-conditioning units and emergency generators. No exterior air-conditioning unit or emergency generator shall be located closer than five feet to any adjacent lot line or located in a front yard. Generator units shall not exceed 15 square feet in plan area.