Wharton City Zoning Code
ARTICLE XIII
Supplementary Regulations Governing Certain Uses
§ 165-93 Regulations governing certain principal permitted uses.
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Editor's Note: Former Subsection A, pertaining to CBD and which preceded this subsection, was repealed 5-20-2002 by Ord.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.
§ 165-94 Regulations governing certain accessory structures and uses.
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.
§ 165-95 Regulations governing certain conditional uses.
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.
§ 165-96 Nonconforming uses, structures or lots.
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.