[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.
(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:
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]