Zoning changes get council approval

Entering the Borough of Mantoloking. FILE PHOTO

MANTOLOKING — The borough council adopted an ordinance that amends land-use regulations to ban marijuana establishments and address accessory structures and fencing during its council meeting April 20. 

The ordinance amends Chapter 30 of the borough code to address issues the borough has found when landowners build new homes, additions or changes to current property plans. 

Addresses accessory structures, the ordinance gives the borough a way to follow up and ensure those building a deck follow the submitted plan. 


The borough’s land use officer would verify the constructed deck, making sure it adheres to the submitted plan. 

According to Councilman Doug Nelson, the borough’s planning board would find cases where applicants would not follow submitted plans. The borough had no way to follow up on the work to make sure applicants were compliant. 

According to the councilman, the change will help keep applicants in compliance, giving the borough a way to check after work has finished.

The ordinance also addresses fencing in the borough, setting a similar standard for those replacing fencing by requiring owners to obtain a permit when putting up a new fence of over 16 linear feet. 

Before completion, a final field inspection will be performed by the land use officer to verify that the new fencing was constructed following the approved fence permit. 

The ordinance also addresses uses of accessory structures, limiting structures to two on any given lot and prohibits habitation within a structure or boat.

According to the ordinance, an attached garage may contain sanitary plumbing while a detached accessory structure may not.

Both may have sinks and/or showers that conform to the Flood Damage Prevention Code, the code states.

The borough also adopted a new subsection of Chapter 30 adding marijuana establishments to the prohibited uses in the zoning code. 

The move, as seen in many local boroughs, follows guidance from the New Jersey League of Municipalities urging boroughs to move the legislation before the Aug. 22 state deadline to do so. If a borough failed to enact a wanted ban by the date, the growth, cultivation, sale and resale of cannabis and cannabis products would be allowed for at least five years.

The change sets regulations for the commercial recreational cannabis marketplace and establishes six classes of businesses: cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer and cannabis delivery.

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