Mantoloking City Zoning Code
ARTICLE III
Zoning Provisions
§ 30-4 Establishment of zones.
A.
Zoning Districts. For the purpose of this chapter, the Borough of Mantoloking is hereby divided into the following zones, differentiated according to use, area and bulk requirements, to be designated as follows:
R1 | Single-Family Residential |
R2A | Single-Family Residential |
R2B | Single-Family Residential |
R3A | Single-Family Residential |
R3B | Single-Family Residential |
R3C | Single-Family Residential |
R4A | Single-Family Residential |
R4B | Single-Family Residential |
R5A | Single-Family Residential |
R5B | Single-Family Residential |
R6A | Single-Family Residential |
R6B | Single-Family Residential |
OS | Open Space |
B | Business |
PU | Public Use |
B.
Location of Zoning Districts. The location of the zoning districts shall be as set forth on a Zoning Map attached as Appendix A to this chapter.
§ 30-5 Residential zones.
A.
In all residential zones, the following use regulations shall apply:
(1)
Principal permitted use. Single-family detached dwelling; minimum floor area one thousand five hundred (1,500) square feet.
(2)
Accessory use. Accessory uses customary or incident to the residential use.
B.
Bulk requirements. The bulk requirements for each individual zone district shall be as set forth in Appendix B included as an attachment to this chapter.
§ 30-6 Business Zone.
A.
B.
Accessory use. Combined residential use with professional services.
D.
Bulk requirements. The bulk requirements for the Business Zone shall be as set forth in Appendix B included as an attachment to this chapter.
§ 30-7 Open Space Zone.
A.
A Lots in the Open Space Zone shall be preserved from development. No buildings or structures may be constructed in the Open Space Zone.
B.
When a lot is in an Open Space Zone and is adjacent to a lot in a residential zone, and both lots are under common ownership, only the lot area within the residential zone will be used for the calculation of lot area as defined in this chapter. An exception shall apply to lots abutting on Barnegat Bay, or on the north and south lagoons, where the front yard is considered the area between any building and the bulkhead. In such lots, any area of the front yard which is located in the Open Space Zone may be included in the calculation of the lot area.
§ 30-8 Nonconforming uses.
A.
Continuance. Except as otherwise provided in this chapter, the lawful use of the land or a structure existing at the date of the adoption of this chapter may be continued although such use or structure does not conform to the regulations specified by this chapter for the zone in which such land or structure is located; provided, however, that:
(1)
A nonconforming lot shall not be further reduced in size.
(2)
A nonconforming structure shall not be enlarged, extended, or increased, horizontally or vertically, unless such enlargement, extension or increase is conforming.
(3)
A conforming enlargement, extension or increase to a nonconforming structure shall not require the approval of the Planning Board.
(4)
A nonconforming use may not be expanded.
B.
Abandonment. A nonconforming use shall be presumed to be abandoned when there exists both (1) an intention to abandon the nonconforming use; and (2) some overt act or failure to act indicating that the owner does not claim or retain an interest in the nonconforming use.
C.
Restoration. If any nonconforming structure is destroyed by reason of windstorm, fire, explosion, act of God or intentional destruction, to an extent of more than partial destruction, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring of any wall, floor or roof, which has been declared unsafe by the Construction Official, to a safe condition.
D.
Reversion. A nonconforming use shall not, if once changed into a conforming use, revert to a nonconforming use.
§ 30-9 Consolidation of certain lots – bulk standards.
If two (2) or more conforming oceanfront lots located south of Lyman Street are consolidated, then the following bulk standards shall apply:
A.
Maximum lot coverage: sixteen (16%) percent.
B.
Maximum building height:
(1)
If two (2) conforming lots are consolidated: fifty-five (55) feet over crown of road.
(2)
If three (3) or more conforming lots are consolidated and if the finished first floor is twenty-five (25) feet or higher over the crown of the road, the roof ridges, for not more than sixty percent (60%) of their entire length shall not exceed the height of fifty-eight (58) feet over crown of road. The remainder of the structure shall not exceed fifty-five (55) feet over crown of road. In the event that the finished first floor is less than twenty-five (25) feet, over the crown of the road, the building height shall not exceed fifty-five (55) feet over the crown of road.
D.
Minimum rear yard setback: Two (2) times the required rear yard setback in the zone.
E.
Buffer: A buffer area at least fifteen (15) feet in depth and landscaped with evergreen trees (minimum height six (6) feet) and other native species shall be provided along the property line along the street line to minimize the visibility of the structures from the road.
§ 30-10 Conditional uses.
A.
(Reserved)
§ 30-11 Prohibited uses.
A.
The Planning Board shall not grant any variance which would permit a use in any zone if the use is designated in this chapter as "prohibited."
(1)
Cannabis establishments. All classes of cannabis establishments, including cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers and cannabis delivery services are hereby prohibited from operating in the Borough of Mantoloking. This prohibition shall not apply to the delivery of cannabis items and supplies by a licensed cannabis delivery service located in another municipality.
(2)
The use and/or occupancy for the purpose of habitation of any boat, mobile home, camper, trailer, storage trailer or any other vehicle or structure, whether it is self-propelled or otherwise used or intended to be used as a conveyance, and so designed or constructed to permit its occupancy for the purpose of habitation, at any time within this Borough, whether the same is parked, placed, maintained or stored on public or private property within the Borough, and whether or not it is parked or placed in a garage or other structure, is prohibited.
(3)
A helistop, helipad, landing strip or similar aeronautical facility.
(4)
Wind powered generating devices which cause sound audible beyond the lot boundaries are prohibited either as a principal use or an accessory use, or as part of, or attached to the dwelling.
(5)
Any use which emits odor, smoke, dust, light, noise or which is detrimental to the health, safety, morals or general welfare of the neighborhood shall be prohibited.
§ 30-12 Grandfather provisions.
A.
Except as otherwise provided in this chapter, any lot which conformed to the bulk requirements (i.e., lot area, width and depth) of any Land Use Ordinance in effect prior to the adoption of this chapter, or was validly pre-existing, may be used as a lot for any purpose permitted in the zone without the necessity of variance relief, if (1) at the time of and since the adoption of this chapter neither the lot owner nor any successor owners owned adjoining property which, if combined with the subject lot, would allow the combined lots to conform with the bulk requirements of this chapter, and (2) the lot otherwise conforms with all requirements of its zone.
B.
"Landlocked" lots existing at the time of adoption of this chapter, i.e., lots which lack street frontage and require the use of an easement for ingress and egress to the lot, shall not be made nonconforming by the adoption of this chapter due to their failure to conform to the frontage requirements of this chapter.
C.
A structure which has an existing finished floor elevation which is below the minimum or above the maximum finished floor elevation as set out in Schedule B at the time of adoption of Ordinance 617 (April 8, 2013), or as further amended, shall be acknowledged as a conforming structure. That conforming designation shall apply only to the minimum/maximum first floor elevation requirements and not to any other preexisting nonconformities.