§ 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.