A.
[1]Community residences. Community residences for the developmentally
disabled and community shelters for victims of domestic violence shall
be permitted uses in all residential districts, subject to the following:
(1)
A community residence or shelter shall comply fully
with all zoning and health regulations applicable to single-family
residences in the zone district in which it is located.
(2)
A community residence or shelter may not be occupied
by more than six residents, excluding resident staff.
[1]
Editor's Note: Former Subsection A, pertaining
to CBD and which preceded this subsection, was repealed 5-20-2002
by Ord. No. O-5-02.
B.
Child-care facilities. Applications for freestanding
child-care centers as a permitted principal use shall comply with
the following:
(1)
Area and bulk regulations:
[Amended 12-20-1999 by Ord. No. O-20-99]
|
Regulation
|
District CBD, B-1, B-2, I-1, I-2, I-3,
OAL
| |
|---|---|---|
|
Minimum lot area (square feet)
|
10,000
| |
|
Minimum lot width (feet)
|
75
| |
|
Minimum lot depth (feet)
|
100
| |
|
Minimum front yard (feet)
|
20
| |
|
Minimum side yards (feet)
|
10
| |
|
Minimum rear yards (feet)
|
25
| |
|
Maximum building coverage (percent)
|
40
| |
|
Maximum impervious coverage (percent)
|
75
| |
|
Maximum building height (stories/feet)
|
2/30
|
(2)
A minimum of 150 square feet of outdoor play area
per child shall be provided. Play areas shall be permitted in the
rear and side yards only and shall be enclosed by a fence at least
four feet in height and landscaped and screened from adjoining properties.
The proposed outdoor area shall be designed with sufficient dimensions
and orientation to enable its conversion to a parking area which would
serve the building if it were occupied for an alternative permitted
use. An applicant for a day-care facility shall be required to submit
a sketch layout indicating the prospective conversion of play area
to be of parking use, including the location of access aisles, stall
dimensions, location of parking spaces and provisions of an area for
perimeter landscaping, as provided by ordinance.
(3)
One off-street parking space shall be provided for
every six children the center is designed to accommodate.
(4)
Such facility shall comply with all applicable governmental
requirements and shall be licensed by the New Jersey Department of
Human Services.
(5)
A child-care facility may be permitted to occupy an
entire building or a portion of an existing building which is partially
occupied by other uses, irrespective of any other ordinance limitations
on the number of principal permitted uses allowed on a lot.
(6)
The floor area occupied by a child-care center in
any building for which the child-care center is an accessory use shall
be excluded in calculating any parking requirement otherwise applicable
to that amount of floor space and shall be excluded from the permitted
floor area ratio allowable for that building.
C.
Apartments above commercial uses (CBD Zone).
(1)
Density. The maximum gross residential density for
apartments located above commercial uses in the CBD Zone shall be
12 dwelling units per acre.
D.
Apartments and townhouses.
(1)
Each overall development shall have a compatible architectural
and landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans: landscaping
techniques; building orientation to the site and other structures;
topography; natural features, such as wooded areas, drainagecourses,
soil conditions and topographic relief; and building design features,
such as varying unit widths, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination.
(2)
The configuration of structures may be any alignment
that meets the yard requirements and does not exceed the following
overall or component building lengths; 200 feet on one plane; 340
feet on any angle; and 500 feet along the center line. Townhouse structures
shall have not less than three nor more than eight units in one townhouse
building group, except that, in any event, no overall structure shall
have a length less than 72 feet.
(3)
The location of recreational facilities shall consider
the proximity of structures, type of recreational facility, noise
level and evening illumination which may create nuisances for residents
and neighboring property owners, and pedestrian and bicycle traffic
across major interior roads or driveways. The periphery of any recreation
area shall be no closer to a residential structure than the minimum
yard for that structure. For any apartment development or building
in excess of 12 dwelling units, at least 15% of the total land area
devoted to the apartments shall be set aside and developed for usable
recreation space. In no case shall such space be smaller than 1/4
acre.
E.
Car wash uses in the B-2 Zones.
[Added 6-7-1999 by Ord. No. O-15-99]
(1)
Area and bulk requirements.
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum side yard: 25 feet.
(e)
Minimum rear yard: 40 feet.
(f)
Maximum building coverage: 40%.
(g)
Maximum impervious coverage: 75%.
(h)
Maximum building height: one story/30 feet.
(i)
Maximum FAR: 0.40.
(j)
Maximum parking: 10 per bay, including one handicapped
space.
A.
Accessory structures and uses in residential districts.
No accessory building or structure shall be built on any lot on which
there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located
in the required front yard or within the front half of the side yard
of any residential zone and may be erected anywhere within the required
rear yard, except as provided herein.
(a)
In all residential zones, no accessory structure
or use shall be located within five feet of a side or rear property
line, provided that patios and decks shall conform with the minimum
side and rear yard requirements of the zone in which they are located,
further provided that accessory structures, other than patios and
decks, which are greater than 150 square feet in area but no more
than 325 square feet in area shall be set back minimally 10 feet from
side and rear property lines, and accessory structures which are greater
than 325 square feet in area shall be set back minimally 15 feet from
side and rear property lines.
[Amended 5-20-2002 by Ord. No. O-5-02]
(b)
Accessory structures shall be set back minimally
10 feet from the principal building.
(c)
Lightposts, mailboxes, fences, signs and retaining
walls shall be permitted within the required front yard of any residential
use. Off-street parking is also permitted in a front yard, restricted
to the driveway area. A maximum dimension of 20 feet wide is permitted
for a residential driveway.
[Amended 12-20-1999 by Ord. No. O-20-99; 10-17-2005 by Ord. No. O-20-05]
(d)
A driveway permit shall be required for the
construction, alteration or expansion of a driveway in all residential
districts. The Borough's Zoning Officer shall have the authority to
review all driveway permits. The fee for such permits shall be $25.
[Added 12-20-1999 by Ord. No. O-20-99]
(2)
No accessory structure or use in a residential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in § 165-90C.
(3)
No accessory structure or use shall occupy an area
greater than 10% of the area of the rear yard.
(4)
When an accessory structure or use is attached to
the principal building, it shall comply in all respects with the requirements
of this chapter applicable to the principal building or use.
(5)
In the case of a through lot, no accessory structure
or use shall encroach upon that 1/4 of the lot depth nearest each
street upon which the lot has frontage.
(6)
No accessory structure shall be used for human habitation.
B.
Accessory structures and uses in nonresidential districts.
No accessory building or structure shall be built on any lot on which
there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located
in the required front yard of a nonresidential zone, except that off-street
parking spaces shall be permitted, but in no case shall said parking
lot or portion thereof be permitted closer than 15 feet from the street
line.
(2)
Accessory structures or uses shall not be located
within eight feet of a side or rear lot line. Accessory structures
shall be minimally 15 feet from the principal building.
(3)
No off-street loading area or loading facility shall
be permitted in a front yard.
(4)
No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in § 165-92C.
(5)
In any nonresidential zone, when an accessory structure
or use is attached to the principal building it shall comply in all
respects with the requirements of this chapter applicable to the principal
building or use.
(6)
No accessory structure or use shall occupy an area
greater than 15% of the area of the rear yard.
C.
Private garages in residential zones. Private garages
shall be permitted as accessory uses in all residential zones, either
as detached structures or as part of the main building, for the storage
of no more than three automobiles which shall be owned by the occupants
of the main building. Not more than one commercial vehicle, owned
by the occupants of the main building, which shall not exceed 6,000
pounds in gross weight, shall be stored in said garage.
D.
(1)
Swimming pools and tennis courts shall not be located
within 10 feet of a property line nor closer to a street line than
the rear wall of the dwelling to which they are accessory uses.
(2)
Swimming pools and tennis courts shall be suitably fenced in accordance with the Borough requirements as set forth in Subsection E below and the following: The edge of the pool shall be set back a minimum of 10 feet from all property lines, and no part of the pool shall be nearer to any street line than the rear wall of the main building which is located nearest to the street nor closer to the rear or side wall than the maximum depth of the pool.
E.
Fences and walls.
(1)
No fence or wall shall be erected, altered or constructed
in any residential zone which shall exceed six feet in height above
ground level, except that no fence exceeding four feet in height shall
be permitted in the front yard. Chain link fences are not permitted
in front yards.
[Amended 10-17-2005 by Ord. No. O-20-05]
(2)
No fence or wall shall be erected, altered or constructed
in any nonresidential zone which shall exceed eight feet in height
above ground level.
(3)
Notwithstanding the above provisions, if it is demonstrated that a restraining wall of a height greater than that set forth in Subsection E(1) and (2) above is necessary, said retaining wall shall be terraced in four-foot increments to enable suitable plantings to be installed along the retaining wall.
(4)
Notwithstanding the above provisions, no fence or
wall shall be erected, altered or constructed in any zone which shall
violate the provisions set forth regarding sight triangles.
(5)
Fences surrounding the perimeter of tennis courts
shall be exempt from the above requirements. Said fence shall not
exceed 12 feet in height above ground level and shall not be closer
than 15 feet to any side or rear property line nor be located in any
required front yard.
(6)
The finished side of a fence shall face adjoining
properties. Fence posts that are unfinished and any other structural
component of the fence shall be installed facing the subject property
rather than an adjoining property.
[Amended 5-20-2002 by Ord. No. O-5-02]
G.
Office of resident professional.
H.
Child-care center facilities. Application for a child-care
center as a permitted accessory use shall comply with the following:
(1)
A child-care center shall be permitted to occupy as
an accessory use of a portion of a building which is occupied as a
principal permitted use in all nonresidential zones. This use shall
be available to the occupants of the building and may also be available
to others, provided that:
(a)
The facility is licensed by the New Jersey Department
of Human Services.
(b)
A minimum of 150 square feet of outdoor play
area per child shall be provided. Play areas shall be permitted in
the rear and side yards only and shall be enclosed by a fence at least
four feet in height and landscaped and screened from adjoining properties.
(c)
The area and bulk requirements applicable to
the zone in which the site is located shall be complied with.
(d)
No more than 15% of a building shall be occupied
as a day-care center.
(e)
No additional parking shall be required.
I.
Outdoor dining. Outdoor dining/outdoor cafe shall
be permitted in all zones where eating establishments are permitted
as a permitted use.
[Amended 8-25-2003 by Ord. No. O-17-03]
(1)
EATING AND DRINKING ESTABLISHMENT
OUTDOOR DINING AREA
RETAIL FOOD STORE
SIDEWALK
SIDEWALK CAFE
TEMPORARY USE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
A commercial establishment where food and drink (including
alcoholic beverages) are prepared and served in a ready-to-consume
state, excluding, however, a fast-food restaurant and a snack bar
or refreshment stand at a public or community swimming pool, playground
or park operated in conjunction with and incidental to such recreational
facility for the sole convenience of its patrons.
A dining area with seats and/or tables located outdoors of
an eating and drinking establishment or other retail food establishment,
and which is located entirely outside the walls of the subject building;
enclosed on two sides or less by the walls of the building with or
without a solid roof cover; or enclosed on three sides by the walls
of the building without a solid roof cover.
Any establishment where the principal business is the sale
of foods and beverages to customers in a ready-to-consume state, whether
served for immediate consumption at tables or sold in disposable containers/wrappers
to walk-in customers for takeout.
An improved pedestrian surface that is typically located
adjacent to a roadway.
An outdoor dining area located in a public sidewalk or right-of-way
that is associated with an eating and drinking establishment or retail
food store on a contiguous parcel.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
(2)
Permit required.
(a)
No person shall operate an outdoor dining area/sidewalk
cafe in the CBD Central Business District, B-1 Neighborhood Business
District and B-2 Regional Business District in the Borough of Wharton
without first obtaining an outdoor dining/sidewalk cafe permit and
satisfying all of the requirements of this chapter.
(b)
For property in the MB Mixed Business District,
no annual permit shall be required. This zone district, which encompasses
a twenty-two-acre redevelopment area, will be developed in a comprehensive
and integrated manner and is physically separated from the lower density
residential areas of the Borough, thereby negating the need for an
annual permit.
(c)
Permits shall allow outdoor dining areas and
sidewalk cafes to operate between April 1 and November 30. When not
operational, all furniture and umbrellas shall be removed and stored
within the confines of a building for the season.
(3)
Application. Each applicant shall submit and file
an application with the Borough Zoning Officer, together with three
copies of a development plan (as described below) and a specified
fee. The application shall set forth:
(a)
The name, address and telephone number of the
applicant and property owner, and written authorization of the owner
of the property in question, and the street address and block and
lot number of the property in question.
(b)
A sketch containing a scale drawing clearly
illustrating the number, type of materials, location of all tables,
chairs, umbrellas, planters, awnings, lighting, electrical outlets
(if any) or other furnishings intended to be located in the outdoor
dining area/sidewalk cafe. The scale drawing shall also illustrate
the following:
[1]
The location of any doors leading from the restaurant
to the outdoor dining area/sidewalk cafe. No such door may be obstructed
in any manner;
[2]
The dimension and location of the unobstructed
space permitting passage of pedestrian traffic around or through the
outdoor dining area/sidewalk cafe, clearance between tables and location
of food preparation and service areas;
[3]
An illustration of the enclosure or protective
barrier separating the outdoor dining area/sidewalk cafe from pedestrian
or vehicular movement;
[4]
The location of all fire hydrants, utility poles
or other fixtures permanently located in the outdoor dining area/sidewalk
cafe or on the sidewalk or other areas within 50 feet of the outdoor
dining area/sidewalk cafe; and
[5]
The type and location of any proposed outdoor
lighting.
(c)
A statement of the seating capacity of the existing
eating establishment and the proposed seating capacity of the outdoor
dining area;
(d)
A statement indicating the number of parking
spaces serving the existing restaurant.
(4)
Application review procedure.
(a)
The Zoning Officer will review the application
for completeness and compliance with the terms of this chapter. If
the application is complete, the Zoning Officer will act upon the
same within 10 business days of the submittal of the application or
within 10 business days after the application is declared complete.
If the application is not complete, the Zoning Officer will notify
the applicant in writing within 10 business days of the submittal
of the specific deficiencies of the application. The Zoning Officer
may refer the application to the Construction Official, Chiefs of
the Bureaus of Police and Fire, the Health Officer, the Municipal
Engineer and Planner for their review and recommendation, whereupon
the time for all of the aforementioned actions shall be increased
to 15 business days.
(b)
If the application complies with the ordinance,
the Zoning Officer shall issue a permit, which shall be valid for
one year from the date of issuance.
(c)
Acceptance of the permit by the applicant shall
represent consent to allow the Departments of Health, Fire, Police
and Building of the Borough to inspect the outdoor dining area/sidewalk
cafe for continued compliance with the terms, conditions and regulations
of this chapter.
(5)
Regulations applicable to the CBD, B-1, B-2 and MB
Districts.
(a)
No permit shall be issued hereunder unless the
applicant shall demonstrate adequate pedestrian movement at all times.
A minimum four-foot-wide area of unobstructed paved surface will be
available for pedestrian movement, including the unimpeded passage
of handicapped individuals, around or through the outdoor dining area
or sidewalk cafe.
(b)
No tables, chairs or other equipment shall be
attached, chained or in any manner affixed to any tree, post, sign,
curb or sidewalk, or property of the Borough. All tables and chairs
must be constructed of sufficient weight to not be affected by windy
conditions.
(d)
No outdoor cafe shall be open for business prior
to 9:00 a.m. nor remain open for business after business hours and
closing of the eating/drinking establishment, but no later than 12:30
a.m. All persons occupying the outdoor dining area/sidewalk cafe shall
vacate the same at the close of business hours for the establishment.
(e)
The Borough shall not require additional parking
for outdoor dining area/sidewalk cafe seating, provided that the number
of seats in the outdoor dining area or sidewalk cafe does not exceed
30% of the total number of seats in the eating and drinking establishment,
and further provided that any such establishment may install up to
six outside tables without it affecting the parking standard. The
Borough parking standard shall be applied to any seating which exceeds
this calculation.
(f)
Each establishment is responsible for keeping
the area of the outdoor dining/sidewalk cafe and adjacent walks and
streets free and clear of any debris or litter occasioned by the facility.
Areas must be cleaned as needed, as well as at the time the business
is closed and at the beginning of each business day.
(h)
No refuse containers shall be permitted on the
sidewalk.
(i)
Alcoholic beverages may be served outdoors in
accordance with the alcoholic beverage control licensing requirements
of the State of New Jersey.
(j)
The perimeter of the area may be defined and
delineated by an enclosure such as live potted plants or temporary
railings on the sidewalk, when space is adequate, to define the area
and limit the ability of litter to blow off the premises. The enclosure
shall define the outdoor dining area/sidewalk cafe and separate it
from the adjacent sidewalk. The portable barrier shall not exceed
five feet in height.
(k)
Awnings and outdoor umbrellas may not be less
than seven feet above the adjacent sidewalk and cannot extend more
than one foot beyond the enclosure, as provided above.
(l)
Any open flame lighting fixture shall be permitted
only upon the approval of the Fire Official.
(m)
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor dining area/sidewalk
cafe.
(n)
Tables, chairs and umbrellas shall be uniform
and complementary in color, materials and style. No picnic-style tables
are permitted.
(6)
The MB District encompasses a twenty-two-acre redevelopment
area which is physically separated from lower density residential
areas of the Borough and adjoins the Rockaway River. In recognition
of the unique features of this site, the following special provisions
area applicable:
(a)
Outdoor dining may be located on a deck, patio
or promenade structure.
(b)
Outdoor dining areas may be covered by a roof
or other shelter.
(c)
Enclosures for outdoor dining areas may consist
of canvas, glass or other light materials.
(d)
All-weather outdoor dining shall be permitted;
appropriate heating devices may be used.
(7)
Insurance required.
[Amended 8-16-2004 by Ord. No. O-22-04]
(a)
In the event that the area permitted for outdoor
dining is in the Borough of Wharton's right-of-way, then no permit
required by this chapter shall be issued until the applicant shall
have first filed with the Zoning Officer a comprehensive general liability
policy issued to the applicant by a public liability insurance company
authorized to do business in the State of New Jersey in the amounts
specified. Such insurance policy shall name the Borough of Wharton
as additional insured with respect to the operation and maintenance
of the outdoor cafe in the following amounts: Bodily injury, each
person $300,000; each accident $1,000,000. Property damage, each person
$300,000; each accident $1,000,000.
(b)
The insurance coverage required by this section
shall at all times be maintained for the full amount and shall contain
a clause obligating the company issuing same to give not less than
30 days' written notice to the Borough Clerk before cancellation or
amendment of any of the terms thereof. The cancellation of any such
policy shall have the immediate effect of suspending the permit to
operate the outdoor cafe until a new policy complying with the provisions
of this section is filed with the Zoning Officer and a letter confirming
the new effective date of the permit is issued by the Zoning Officer.
(8)
Indemnification required. In the event that the area
permitted for outdoor dining is in the Borough of Wharton's right-of-way,
then no permit required by this chapter shall be issued until a statement
is filed with the Zoning Officer agreeing to indemnify and hold harmless
the Borough of Wharton from any and all claims, damages, judgment
costs or expenses, including attorney’s fees, which may be incurred
or be required to pay because of any personal injury, including death,
or property damage suffered by any person or persons as a result of
or related in any way to the operation and maintenance of the outdoor
cafe for which the permit is issued.
[Amended 8-16-2004 by Ord. No. O-22-04]
(9)
Revocation or suspension of permit.
[Amended 8-25-2003 by Ord. No. O-17-03]
(a)
Any permit issued hereunder is issued solely
as a revocable permit and is subject to revocation or suspension by
the Zoning Officer for failure to comply with this chapter or for
violation of any applicable federal, state, county or municipal law,
regulation or ordinance. It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
permit.
(b)
In addition to the powers of suspension and
revocation set forth, the Borough reserves the right to modify, suspend
or revoke any license on 10 days' written notice if the Borough determines
that pedestrian operation of the outdoor dining area/sidewalk cafe
or any other health, safety or welfare issued of the Borough of Wharton
violates this chapter.
(10)
Alcoholic beverage license. An applicant holding
an alcoholic beverage control license pursuant to the laws of the
State of New Jersey shall have the responsibility to cause such license
to be amended to include the outdoor cafe for the purpose of serving
alcoholic beverages therein.
(11)
Removal of material. No permit shall be issued
unless the applicant agrees at the end of the license period, or in
the event that the license is temporarily or permanently suspended
or revoked, to vacate at his own cost and expense the sidewalk space
and remove any property placed thereon. Failure to do so on five days'
written notice shall grant the Borough the right to remove any property
on the sidewalk. The applicant shall be required to reimburse the
Borough for the cost of removing and storing the same.
(12)
Additional provisions.
(a)
All outdoor dining areas/sidewalk cafes in the
Borough shall be subject to inspection by the health, fire, police
and construction officials for compliance with applicable regulations.
(b)
Temporary uses and outdoor activities such as
festivals, fairs, carnivals and the like shall be classified as temporary
outdoor activities and shall be coordinated through the Zoning Officer,
Health Official, Police and Fire Departments for approval. Such events
shall be subject to the approval of the aforementioned Borough officials
as to parcel size, adequate access/egress and off-street parking,
control of traffic, noise, glare, dust and sanitary concerns, and
the absence of undue adverse impact on surrounding properties. The
rescheduling of rain-out days shall be coordinated with the Zoning
Officer. No improvements shall be required on the property occupied
by the temporary use. The site shall be clean and well maintained
during the duration of the temporary use. The following information
shall be provided to the Zoning Officer:
[1]
Name and address of applicant.
[2]
Date or dates and hours during which the temporary
use will be conducted.
[3]
A description of the temporary use activity.
[4]
Location of land (block and lot) upon which
the temporary use will be held or conducted.
[5]
Names and addresses of concessionaires.
[6]
A description of the off-street parking, pedestrian
and vehicular circulation, and sanitary facilities which will be available
for use on the premises at the time of the temporary use activity.
[7]
Proof of adequate public liability insurance
for the event.
J.
Home occupation.
(1)
A home occupation shall be incidental to the use of
a dwelling unit for residential purposes. The area set aside for a
home occupation shall not exceed 30% of the total floor area of such
residence, provided that in no event shall more than 500 square feet
of the floor area of the dwelling unit be used in connection with
a home occupation or for storage purposes in connection with a home
occupation.
(2)
Only members of the immediate family permanently residing
on the premises shall be employed in the home occupation.
(3)
A home occupation may be open to the public between
9:00 a.m. and 5:00 p.m. but shall not be open on Sundays or legal
holidays.
(4)
No more than one home occupation shall be permitted
within any single dwelling unit.
(5)
A home occupation shall be carried on wholly within
the principal building. No home occupation nor any storage of goods,
materials or products connected with a home occupation shall be allowed
in accessory buildings or attached or detached garages, driveways,
walkways or yards.
(6)
Merchandise shall not be displayed or offered for
sale either within or outside of the residence.
(7)
There shall be no change in the outside appearance
of the dwelling or premises or any visible evidence of the conduct
of a home occupation. No advertising display signs shall be permitted.
(8)
No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes or odor detectable to
the normal senses off the property. No equipment or process shall
be used which creates visual or audible electrical interference in
any radio or television receiver, off the premises or causes fluctuations
in line voltage off the premises.
(9)
The use shall not generate additional pedestrian or
vehicular traffic. Visitors, customers or deliveries shall not exceed
those normally and reasonably occurring for a residence, including
not more than two business visitors an hour and eight a day and not
more than two deliveries of products or materials a week.
(10)
The home occupation shall not involve the use
of commercial vehicles for delivery of materials to or from the premises,
other than one vehicle not to exceed 3/4 ton owned by the resident
of the dwelling, which shall be parked in an adequate off-street parking
area.
(11)
The use shall not require additional off-street
parking spaces for clients or customers of the home occupation.
A.
Places of worship. Churches, temples and other places
of worship shall be governed by the following regulations:
(1)
Area, bulk and yard requirements:
(a)
Minimum lot area: 75,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum side yard: 35 feet.
(f)
Minimum rear yard: 40 feet.
(g)
Maximum building height: 2 1/2 stories/35
feet.
(h)
Maximum building coverage: 30%.
(i)
Maximum impervious coverage: 50%.
(j)
Minimum buffer width: 50 feet.
(2)
Where two or more buildings are located on a site,
they shall be separated by a yard area at least twice the average
height of the two buildings or 40 feet, whichever is greater.
B.
Essential services.
(1)
Enclosed structures. Such public utility services
as and including electric substations, transformers, switches and
auxiliary apparatus serving a distribution area, water well sites
and pumping stations in all zones shall be subject to the following
regulations:
(a)
The location, design and operation of such facility
may not adversely affect the character of the surrounding residential
area. Adequate fences, barriers and other safety devices shall be
provided. Such facilities shall be adequately landscaped and screened.
(b)
The location of the structures regulated in
this section shall comply with the setback requirements of the zone
in which they are located; provided, however, that telephone cabinets
and electric relay stations may be located at property lines. Such
facilities shall be landscaped and screened in order to minimize their
visual impact.
(2)
Open structures and facilities.
(a)
Such uses shall be limited to the erection,
construction, alteration or maintenance by public utilities or municipal
or other governmental agencies of electric, gas, water transmission
or distribution/collection systems, telephone and cable television
lines, communication, water supply or sewage treatment and collection
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, lines, hydrants and other similar equipment and accessories
in connection therewith reasonably necessary for the furnishing of
adequate services by public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
(b)
Adequate landscaping or screening shall be provided
where applicable.
C.
Public, private or parochial school.
(1)
All nonpublic schools, where permitted, shall be subject
to the following:
(a)
Said school of instruction shall be a nonprofit
organization within the meaning of the Internal Revenue Act and registered
effectively as such thereunder.
(b)
Such school shall have as its prime purpose
the general education of students in the arts and sciences and shall
be licensed by the State Department of Education as required by law.
(c)
Any school permitted under this section shall
be permitted on the principal roadways as identified in the Borough
Land Use Plan.
(2)
All schools permitted herein shall comply with all
applicable regulations of the State Board of Education and the following:
(a)
Minimum lot area: 90,000 square feet.
(b)
Minimum lot width: 225 feet.
(c)
Minimum front yard: 75 feet.
(d)
Minimum side yards: 35 feet.
(e)
Minimum rear yard: 50 feet.
(f)
Minimum recreation area: 100 square feet per
pupil.
(g)
Maximum building coverage: 15%.
(h)
Maximum impervious coverage: 40%.
(i)
Maximum building height: one story/15 feet.
(j)
Minimum buffer: 50 feet.
D.
Automobile service stations.
(1)
No gasoline, service station, garage or automobile
repair facility shall be located within 200 feet of a school, place
of worship, hospital, funeral home, theater, library or any place
of public assembly, nor within 800 feet of another auto service station
or garage or other services similar to the proposed use.
(2)
Vehicular access to or exit from a service station
shall not be closer to the intersection of any two streets then 50
feet, nor shall any such drive be located within 30 feet of any boundary
line of any residential district or residential use.
(3)
Fuel pumps shall be permitted within the required
front yard but in no event closer than 30 feet from the street line.
(4)
No outdoor hydraulic or mechanical lifts shall be
permitted. All automobile repair work shall be done inside the building.
(5)
Automobile service stations shall require a minimum
lot area of 20,000 square feet with at least 200 feet of street frontage.
The yard and bulk requirements of the B-2 Zone shall be applicable
to automobile service stations.
(6)
Hours of operation shall be limited to between 6:00
a.m. and 10:00 p.m.
E.
Veterans, civic and community clubs. All buildings
shall be a minimum 25 feet from any property line.
F.
Hotels and motels.
(1)
A hotel or motel shall provide facilities for sleeping,
dining, conferences, meetings and other similar purposes which shall
be contained within the hotel or motel building. All facilities within
the hotel or motel shall be fully accessible to persons with disabilities.
(2)
No hotel or motel shall be located closer than 3,000
feet to any other hotel or motel within the limits of Wharton.
(3)
There shall be a minimum lot area of five acres.
(4)
A hotel or motel shall have its front entrance or
entrances and all parking lot and driveway access from a public street
located in the Borough of Wharton.
(a)
Where a hotel or motel abuts a residential or
apartment district, a buffer zone no less than 50 feet wide shall
be provided from all external lot lines except that portion which
fronts upon an existing external street or roadway.
(b)
The approving authority, upon specific findings
of particular circumstances, i.e., circumstances relating to conditions
of topography, natural features, lot configuration, natural vegetation
or the lack of the same, drainage or other similar site characteristics,
or where said proposed development is compatible with existing development
may increase the required buffer area to 150 feet or may permit the
reduction of said buffer area to 75 feet.
(c)
No principal or accessory use or structure,
including, without limitation, off-street parking and loading area,
shall be permitted within the required buffer area, but the approving
authority may, upon a finding of reasons therefor, permit a portion
of a buffer area to be used for utility easements or streets to ensure
access to or from adjacent property.
(5)
The maximum impervious lot coverage shall be 70%.
(6)
Height.
(a)
The maximum building height shall be four stories
or 40 feet, measured at the top of the roof.
(b)
Certain appurtenances such as elevators, towers,
condensers, chimneys and similar mechanical equipment may, because
of function and design, have to be or would normally be located above
the flat roof surface and therefore shall be allowed within the following
standards:
[1]
The maximum vertical height of said appurtenances
above the permitted maximum flat roof height shall not exceed 12 feet.
[2]
The total square footage measured at the flat
roof shall not exceed 15% of the gross roof area.
[3]
Purely architectural embellishments for purposes
of providing light, such as atrium roofs or skylights, shall also
be permitted, provided that the same do not exceed a height of 12
feet above the finished roof, and provided that the same do not occupy,
in accordance with the other appurtenances heretofore allowed by this
section, more than 20% of the roof area.
[4]
The exterior treatment of all such mechanical
penthouses and other projections also permitted herein shall be of
materials substantially similar to the facades of the building itself
and shall be designed so as to be an architecturally integral part
of the structure.
(7)
The maximum floor area ratio shall be 0.275.
(8)
Within any hotel or motel there shall be a minimum
total floor area, including public areas, of 650 square feet for each
bedroom or bedroom suite.
(9)
The maximum aggregate length of the front building
wall, including any extension or prolongation thereof, shall not exceed
70% of the lot width as measured at the required front yard setback
line.
G.
Satellite dish antenna.
(1)
No more than one satellite antenna shall be permitted
on a lot, and such antenna shall be accessory to the principal permitted
use on a lot.
(2)
The satellite antenna shall be designed for use by
the occupants of the main building, provided that, in the case of
the Apartment, Senior Housing and Affordable Housing Zones, the antennas
shall be designed for use by the occupants of the multifamily dwelling
units.
(3)
The above provision with respect to the Apartment,
Senior Housing and Affordable Housing Zones does not confer any franchise
rights upon an applicant. The applicant shall demonstrate that such
use does not violate any existing cable television or other franchise
agreements.
(4)
Ground-mounted and roof-mounted satellite antennas
shall be permitted, as regulated herein, and shall require a building
permit. Tower-mounted satellite dish antennas are prohibited.
A lawful use of land, buildings or structures
existing at the effective date of this chapter may be continued on
the lot or in the structure although it may not conform to this chapter,
and any such structure may be restored or repaired in the event of
partial destruction thereof; provided, however, that none shall be
enlarged, extended, relocated, converted to another use or altered
except in conformity with this chapter, except as permitted below.
Land on which a nonconforming use or structure is located and any
nonconforming lot shall not be subdivided so as to be made more nonconforming.
A.
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner; if a nonconforming use
involving a structure is discontinued for 12 consecutive months; or
if a nonconforming use of land without structure(s) ceases for a period
of six months. The subsequent use of the abandoned building, structure
and/or land shall be in conformity with this chapter.
B.
Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change the use,
expand the building or the functional use of the building, increase
the area of a lot used for nonconforming purpose or increase the nonconformity
in any manner.
C.
Restoration and repairs.
(1)
Any nonconforming building, structure or use which
has been condemned or damaged by fire, explosion, flood, windstorm
or act of God shall be examined by the following three people: the
Borough Engineer, the owner or an architect or engineer selected by
the owner and a third person agreed to by the Borough Engineer and
the owner. If the value of repairing the condition is greater than
50% of the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided by state statutes.
(2)
Where the value of repairing the condition is determined
to be less than 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure. The reconstruction shall
commence within 12 consecutive months of the date the building was
damaged or condemned with the reconstruction carried out without interruption;
otherwise the damaged structure shall not be rebuilt as a nonconforming
use or building.
