Wharton |
Code of Ordinances |
Part II. General Legislation |
Chapter 165. Land Use and Development |
Article XIII. Supplementary Regulations Governing Certain Uses |
§ 165-93. Regulations governing certain principal permitted uses.
Latest version.
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A.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excluding resident staff.Editor's Note: Former Subsection A, pertaining to CBD and which preceded this subsection, was repealed 5-20-2002 by Ord.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]RegulationDistrict CBD, B-1, B-2, I-1, I-2, I-3, OALMinimum lot area (square feet)10,000Minimum lot width (feet)75Minimum lot depth (feet)100Minimum front yard (feet)20Minimum side yards (feet)10Minimum rear yards (feet)25Maximum building coverage (percent)40Maximum impervious coverage (percent)75Maximum 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.(2)Supplementary requirements:(a)A stacking area shall be provided which is designed to accommodate a minimum of 10 vehicles.(b)Oil change facilities are not permitted.