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Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (15) Index
[Amended 7-16-2018 by Ord. No. O-11-18]
For the purpose of this chapter, the Borough of Wharton is hereby divided into 15 zone districts as follows:
R-40
Low Density Single Family District
R-15
Low Density Single Family District
R-10
Low-Moderate Density Single-Family District
R-75
Moderate Density Single-Family District
RM-75
Medium Density One- and Two-Family District
A
Apartment and Townhouse District
AH-1
Affordable Housing District
AH-2
Affordable Housing District
AH-3
Affordable Housing Overlay District
AH-4
Affordable Housing Overlay District
AH-OO
Affordable Housing Overall Overlay District
SH
Senior Housing District
CBD
Central Business District
B-1
Neighborhood Business District
B-2
Regional Business District
I-1
Planned Industrial District
I-2
General Industrial District
I-3
Industrial/Distribution District
ALR
Adult Living Residential District
[Added 5-8-2000 by Ord. No. O-7-2000]
OAL
Office/Assisted Living District
[Added 12-20-1999 by Ord. No. O-20-99]
MB
Mixed Business District
170 N. Main Street District
[Added 8-17-2020 by Ord. No. O-13-20]
A. 
The location and boundaries of said districts are hereby established on the Zoning Map of the Borough of Wharton prepared by Burgis Associates, dated August 1, 1997, as amended or supplemented, which hereby is made a part of this chapter. Said map or maps and all notations, reference and designations shown thereon shall be, as such, a part of this chapter as if the same were fully described and set forth herein.
(1) 
The Zoning Map shall be amended to designate Lots 32, 33 and 34 in Block 703 in the OAL Zone District.
[Amended 12-20-1999 by Ord. No. O-20-99]
(2) 
The Borough of Wharton Zoning Map is hereby amended to designate Block 903, Lot 2, as an MB Mixed Business Zone District per the accompanying Revised Zoning Map, dated July 14, 2003.
(3) 
Zoning Map should be amended to designate Lot 1 in Block 403 in the ALR Zone District.
[Added 5-8-2000 by Ord. No. O-7-2000]
(4) 
The Zoning Map of the Borough of Wharton shall be amended to designate Lots 3 and 30 in Block 703 in the CBD Zone District.
[Added 5-18-2020 by Ord. No. O-09-20]
B. 
The location and boundaries of said districts are hereby established on the Zoning Map of the Borough of Wharton prepared by Burgis Associates, dated September 22, 2005, as amended or supplemented, which hereby is made a part of this chapter. The Zoning Map designates the following blocks and lots as follows:
[Amended 10-17-2005 by Ord. No. O-20-05; 12-18-2006 by Ord. No. O-24-06; 7-16-2018 by Ord. No. O-11-18; 5-18-2020 by Ord. No. O-09-20; 8-17-2020 by Ord. No. O-13-20]
Block
Lot
Existing Zone
New Zone
501
29, 30, 31, 33, 35, 38, 39
RM-75
R-75
703
1, 2, 4-24
RM-75
R-75
1203
1-9
RM-75
R-75
1212
8-12.01
RM-75
R-75
1309
1-6
RM-75
R-75
1310
1-5
RM-75
R-75
1308
9-16
RM-75
R-75
1311
1-4
RM-75
R-75
1301
1-6
RM-75
R-75
1302
1-2 and 2.01
RM-75
R-75
1303
1-4
RM-75
R-75
1304
1-3
RM-75
R-75
1305
1-12
RM-75
R-75
1601
1,1.01, 18-24
RM-75
R-75
1605
2, 3.01, 3
RM-75
R-75
1703
All lots
RM-75
R-75
1706
1-4
RM-75
R-75
1712
All lots
RM-75
R-75
1801
3-11
RM-75
R-75
1901
1-17
RM-75
R-75
2002
11-16
RM-75
R-75
2003
1-5
RM-75
R-75
301
1
I-1
I-1 with 170 N. Main Street District Overlay
801
3
I-1
I-1 with Municipal Overlay
903
2.01
I-1
I-1
1801
20-40
RM-75
R-15
1318
5, 6
CBD
RM-75
1312
1-4
RM-75
R-75
1603
1-10
RM-75
R-75
1201
16
R-10
R-10 with R-75 overlay
1805
2
RM-75
R-75
703
35-41
RM-75
RM-75 with OAL Overlay
1319
1
RM-75/CBD
CBD
1001
2
I-1
MB
106
23
B-1
AH-3
102
48, 49, 50
B-1
AH-4
All block and lots within the municipality
AH-OO
A. 
Zoning district boundary lines are intended to follow street center lines, railroad rights-of-way, streams and lot lines unless otherwise indicated by dimensions on the Zoning Map. Dimensions shall be in feet, measured horizontally and measured from the street right-of-way line even if the center line of that street serves as a zoning district line. Any disputed zoning district line shall be determined by the Planning Board.
B. 
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be the zoning district line.
The regulations which control development in each district are set forth in the attached Schedules XI-1 and XI-2, which are also supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Schedules XI-1 and XI-2 are included at the end of this chapter.
A. 
No building shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner except in conformity with all the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.
A. 
Prohibited uses. All uses not expressly permitted in each zone district are prohibited and all classes of cannabis establishments, cannabis distributors and cannabis delivery services, as said terms are defined in Section 3 of P. L. 2021, c. 16, including, but not limited to, cannabis retailers, cultivators, manufacturers, wholesalers, testing facilities, medical cannabis dispensaries and alternative cannabis treatment centers, including such operators holding a medical cannabis dispensary permit pursuant to P. L. 2009, c. 307 (N.J.S.A. 24:6I-7), but not the delivery of cannabis items and related supplies by a delivery service.
[Amended 6-28-2021 by Ord. No. O-12-21]
B. 
Existing uses. Except as otherwise specified for nonconforming uses, structures, sites or lots, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
C. 
Height exceptions. With the exception of single- and two-family dwellings as permitted in this chapter, penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, amateur radio towers, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 10% of the maximum height permitted in the district. The height limitations required in each zone shall not apply to houses of worship steeples, public school buildings and structures, municipally owned buildings, masts, flagpoles, barns, silos, water towers and commercial radio and television towers. The maximum height for these uses shall not exceed 50 feet.
D. 
Required area. The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
E. 
Off-street parking. All off-street parking and loading shall be located on the lot on which the principal use is located.
F. 
Merger. A lot which at the time of the adoption of this chapter fails to comply with the minimum lot size requirements of this article may be used for any use permitted in the district in which it is located, provided that said lot is in single ownership at the time of the adoption hereof, and providing all yard requirements hereof are complied with. In the event that an undeveloped lot which fails to comply with the minimum lot size requirements of this article is contiguous and in single ownership with another lot, such lots shall be deemed merged and construed to be one lot for all purposes. Use thereof as other than one lot is prohibited except as may be authorized by subdivision approval.
G. 
Number of buildings restricted.
(1) 
There shall be no more than one principal building on each lot except as permitted for in the following districts and as regulated herein.
(a) 
I-1 Planned Industrial Zone District.
(b) 
I-2 General Industrial Zone District.
(c) 
I-3 Industrial/Distribution District.
[Added 11-27-2017 by Ord. No. O-17-17[1]]
[1]
Editor’s Note: This ordinance also redesignated Subsection G(1)(c) through (e) and Subsection G(1)(d) through (f), respectively.
(d) 
A Apartment and Townhouse Zone District.
(e) 
AH-1 and AH-2 Affordable Housing Zone Districts.
(f) 
OAL Office/Assisted Living District.
[Added 12-20-1999 by Ord. No. O-20-99]
(g) 
AH-3, AH-4 and AH-OO Affordable Housing Overlay Zones.
[Added 7-16-2018 by Ord. No. O-11-18]
(2) 
The following requirements shall be applicable to lots with more than one principal building:
(a) 
The front, side and rear yard requirements shall be complied with for all buildings;
(b) 
No building shall be closer to another building than the height of the tallest building on site; and
(c) 
The off-street parking and loading requirements shall be computed separately for all buildings.
H. 
Limitation on number of uses on each lot. There shall be no more than one principal use on each lot, except that multiple uses shall be permitted in the CBD, B-1, B-2, I-1, I-2, I-3, AH-3, AH-4 and OAL Districts. Multi-use buildings in the I-2 and I-3 Zones would be required to have the same architectural style and facade treatment to permit a uniform design. In the CBD District, residential apartments shall be limited to the second floor and above of the building.
[Amended 12-20-1999 by Ord. No. O-20-99; 11-27-2017 by Ord. No. O-17-17; 7-16-2018 by Ord. No. O-11-18]
I. 
Preexisting nonconforming two-family dwellings. Valid preexisting nonconforming two-family dwellings shall be permitted to construct an accessory deck, provided that no additional dwelling units result from the improvement and that none of the applicable zone district's yard, coverage and height restrictions are violated.
J. 
Shade trees and landscaping in the right-of-way. Property owners shall not plant shade trees and/or landscaping within the Borough of Wharton's right-of-way without the approval by the Borough's Zoning Officer or the Borough's Director of Public Works. Trees that are proposed within the right-of-way shall be planted using a root guard fabric/edging to mitigate against sidewalk upheaval. The permit fee shall be set at $25.
[Added 12-20-1999 by Ord. No. O-20-99]