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.

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:

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.

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.

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.

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.

Prohibited uses. All uses not expressly permitted in each zone district are prohibited, and all classes of license for cannabis establishments pertaining to adult-use cannabis are hereby prohibited from operating anywhere in the Borough, except for the operation of a cannabis retailer and the delivery of cannabis items and related supplies by a licensed cannabis delivery service.[1]

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.

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.

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.

Off-street parking. All off-street parking and loading shall be located on the lot on which the principal use is located.

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.

Number of buildings restricted.

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.

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.

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.