Oakland City Zoning Code
§ 59-53
Business zones.
[Amended 7-11-1979 by Ord. No. 79-Code-773; 10-25-1995 by Ord. No. 95-Code-300]
A.
Within the B-2 Local Business Zones, only the following uses shall be permitted on any single lot of any required size:
(2)
A professional or business office or studio.
(3)
Retail sales or personal service establishments or restaurants, including the storage of merchandise and equipment, when entirely within the building; and banks; provided, however, that no retail sales or personal services establishments shall be allowed in connection with any car wash whose purpose is to clean motor vehicles. No outdoor sales or outdoor auction sales other than the sale of nursery stock and horticultural products which cannot be ordinarily accommodated indoors shall be permitted. In the case of restaurants, no outside sale or customer services shall be permitted in order that the car hop or similar type may not be allowed. The sale of motor vehicles, when permitted, shall be deemed to be a single use and shall not be any portion of the generic category of retail sales which applies to general merchandise department stores and similar items. No retail or wholesale sales establishment for any one enterprise shall be of a size in excess of 40,000 square feet, including the area needed for storage of merchandise and equipment to be sold in said retail or wholesale sales establishments. No retail or wholesale sales establishment shall be permitted where the primary business conducted or intended to be conducted therein is operated so as to attract and seek to attract customers from an area beyond Oakland and its immediately adjoining municipalities. Factors to be considered in making such determination shall include the form of advertising uses and the area covered by such advertising.
[Amended 2-18-1981 by Ord. No. 81-Code-915]
(4)
A private clubroom; auditorium; private school for gain.
[Amended 5-16-1984 by Ord. No. 84-Code-10]
(5)
A commercial printing shop; railroad or bus station; indoor theater; mortuary.
(6)
Craft distilleries operating according to and in strict conformance with a license pursuant to N.J.S.A.33:1-10. Prior to selling any product for consumption on the distillery property, each and every customer is required to take a tour of the distillery.
[Added 10-13-2021 by Ord. No. 21-Code-854[1]]
[1]
Editor's Note: Material previously codified under this paragraph was repealed by Ord. No. 98-Code-356.
(7)
An automobile service station, public garage, subject to the following conditions:
(a)
No outdoor repair or painting of automobiles shall be made in connection with any automobile service station or public garage.
(b)
The gasoline dispensing units of any service station shall be set back at least the average depth of such existing front yard within the same block, but in no case shall the setback line be less than 35 feet from the curbline or lines of the street on which said premises shall be located and shall be so located that no vehicles can be serviced from any portion of the street or sidewalk areas. No mobile gasoline pump shall be used or operated on the grounds of any such service station.
(c)
No service station shall be erected on a plot having a front lot line of less than 150 feet. In the event that said service station shall be erected on a corner plot, the front line thereof shall be that line which is opposite the front wall of the service station.
(d)
The entrances to and exits from any such station shall have a maximum aggregate width of 1/4 the lot line with an allowance of three-foot curb returns at each end of the street line. The street lines of such lot on which said service station is erected, other than said entrances and exits shall be curbed in accordance with the specifications set forth in the Road Ordinance of the Borough of Oakland.[2]
(e)
No such automobile station shall be permitted within 300 feet of any lot line of any plot on which any church, school, firehouse or other public building is erected, nor may an automobile service station be within 1,500 feet of another automobile service station.
Said distances shall be measured on a straight or air line from the outer boundary or property line of the proposed automobile station to the nearest property or boundary line of the automobile service station nearest the one proposed.
(f)
No such automobile service station shall be erected or remodeled unless such structure shall provide for at least two separate washrooms, each having a wash basin and a flush toilet.
(8)
Customary accessory uses to the principal permitted uses, as set forth above, including, solar energy systems as a use accessory to a permitted principal use. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as free-standing structures including above a parking area. The following uses shall not be permitted accessory uses in the B-2 Zone:
[Amended 2-18-1981 by Ord. No. 81-Code-915; 5-22-2013 by Ord. No. 13-Code-685]
(a)
The storage or sale outside of a building of motor vehicles or dismantled parts of same shall not be construed as a permitted accessory use incidental to a motor vehicle sales agency, public garage or automobile service station.
(c)
No building accessory to a building used for business shall be used for any residential purpose.
(d)
No automobile service station or public garage shall be erected or remodeled to provide, as an accessory use to the principal permitted use, a car wash for the purpose of cleaning motor vehicles.
(9)
No billboards or signs shall be erected upon any roof or structure.
(10)
No sign of the suspension type shall hang over any sidewalk area.
(11)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(12)
Conditional Uses. The uses as identified hereinbelow are permitted as a conditional use in the B-2 zone, but only if compliance with each of the following conditions is fully achieved:
[Added 10-13-2021 by Ord. No. 21-Code-852]
(a)
Limited brewery complying with the following conditions:
[1]
Each and every operator of a limited brewery shall at all times be in possession of a valid license issued by the New Jersey Alcoholic Beverage Commission.
[2]
No food, other than incidental snacks, shall be sold or provided free of charge within the premises of a limited brewery. Patrons may, however, bring food into or order food to be delivered to the limited brewery.
[3]
A limited brewery shall brew no more than 300,000 barrels of malt beverages a year within the limited brewery.
[4]
Limited brewery patrons must complete a facility tour prior to being eligible to purchase or sample malt beverages produced on site.
[5]
Limited breweries can host special events, private parties and social affairs consistent with and in accordance with the restrictions contained within N.J.S.A. 33:1-10.
[6]
Notwithstanding the fact that a limited brewery is not a restaurant, most limited breweries have chairs, tables and benches similar to some restaurants. Due to this commonality, on-site parking requirements shall be the same as established for restaurants in the B-2 zone while being a condition attached to the conditional use.
B.
B-3 Neighborhood Business Zone. Those uses permitted in the B-2 Local Business Zone, as defined in Section 59-53, shall be permitted with the following exceptions:
(1)
No fast-food or drive-in restaurants shall be permitted.
(2)
No fast-service or retail grocery store shall be permitted.
(3)
No tourist homes, hotels, motels, private clubrooms, auditoriums or private schools for gain.
(4)
No banks, savings and loan associations or lending institutions shall be permitted.
(5)
No automobile sales or dealerships shall be permitted.
(6)
No nursing homes shall be permitted.
(7)
No drive-in or drive-up windows or devices shall be permitted in connection with any business.
(8)
No nightclubs, cabarets, discotheques, dance halls, theaters or other establishments primarily engaged in the performance of live entertainment, films or dancing to live or recorded music.
(9)
Conditional Uses. The uses as identified hereinbelow are permitted as a conditional use in the B-3 zone, but only if compliance with each of the following conditions is fully achieved:
[Added 10-13-2021 by Ord. No. 21-Code-852]
(a)
Limited brewery complying with the following conditions:
[1]
Each and every operator of a limited brewery shall at all times be in possession of a valid license issued by the New Jersey Alcoholic Beverage Commission.
[2]
No food, other than incidental snacks, shall be sold or provided free of charge within the premises of a limited brewery. Patrons may, however, bring food into or order food to be delivered to the limited brewery.
[3]
A limited brewery shall brew no more than 300,000 barrels of malt beverages a year within the limited brewery.
[4]
Limited brewery patrons must complete a facility tour prior to being eligible to purchase or sample malt beverages produced on site.
[5]
Limited breweries can host special events, private parties and social affairs consistent with and in accordance with the restrictions contained within N.J.S.A. 33:1-10.
[6]
Notwithstanding the fact that a limited brewery is not a restaurant, most limited breweries have chairs, tables and benches similar to some restaurants. Due to this commonality, on-site parking requirements shall be the same as established for restaurants in the B-3 zone while being a condition attached to the conditional use.
C.
Included in those uses specifically prohibited in the business zones B-2 or B-3 are the following uses: adult book and/or gift stores; adult mini-motion-picture theaters; adult motion-picture theaters; hotels and motels; pawn shops; pool and billiard halls; dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for either observation or participation by patrons therein; establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein; bars, taverns, inns, pubs, grog shops and other such similar establishments holding a Class C liquor license, such that alcoholic beverages may be consumed or purchased on premises.
[Added 2-20-1980 by Ord. No. 80-Code-881]
(1)
All of the above cited uses shall be prohibited except as a conditional use if the Planning Board shall determine, in its discretion, that such use shall be given such status based on the following standards:
(a)
That the proposed use will not cause substantial detriment to the public good, in general, nor impair the intent and purpose of this chapter and of the Master Plan.
(b)
That the proposed use will not enlarge or encourage the development of a skid row area.
(c)
That the establishment of any other prohibited use in the area will not be contrary to any pro-gram of neighborhood conservation.
(d)
That all other applicable regulations of this chapter will be observed.
(2)
Should any use pursuant to this subsection be authorized as a conditional use by the Planning Board, said use shall, in no event be located within 1,500 feet of any other such use or within 1,500 feet of any area either zoned for residential use or utilized for residential purposes within the borough.
D.
Conditional Use - B-2 Zone. The use as identified hereinbelow is permitted as a conditional use in the B-2 zone, but only if compliance with each of the following conditions is fully achieved:
(1)
Brewpub complying with the following conditions:
[Added 10-13-2021 by Ord. No. 21-Code-853]
(a)
Each and every operator of a brewpub shall at all times be in possession of a valid Restricted Brewery License issued by the New Jersey Alcoholic Beverage Commission.
(b)
Every brewpub must be adjoining a retail consumption licensed premises operating as a working, restaurant with both kitchen and dining facilities. Said retail consumption licensed premises must be licensed identically as the entity operating the brewpub under a Restricted Brewery License.
(c)
A brewpub shall brew no more than 10,000 barrels of malt alcoholic beverages a year. The malt alcoholic beverage product produced shall be distributed to the restaurant required to be adjacent to the brewery. Holder of a Restricted Brewery License may also sell and distribute malt alcoholic product to licensed wholesalers. If the director of the Division of Alcoholic Beverage Control has issued a permit, the owner of the Restricted Brewery License may offer samples for promotional purposes at charitable or civic events not held at the licensed restaurant premises.
(d)
On-site parking requirements applicable to brewpubs shall be the same as established for restaurants in the B-2 zone while being a condition attached to the conditional use.
E.
Conditional Use - B-3 Zone. The use as identified hereinbelow is permitted as a conditional use in the B-3 zone, but only if compliance with each of the following conditions is fully achieved:
(1)
Brewpub complying with the following conditions:
[Added 10-13-2021 by Ord. No. 21-Code-853]
(a)
Each and every operator of a brewpub shall at all times be in possession of a valid Restricted Brewery License issued by the New Jersey Alcoholic Beverage Commission.
(b)
Every brewpub must be adjoining a retail consumption licensed premises operating as a working restaurant with both kitchen and dining facilities. Said retail consumption licensed premises must be licensed identically as the entity operating the brewpub under a Restricted Brewery License.
(c)
A brewpub shall brew no more than 10,000 barrels of malt beverages a year. The malt alcoholic beverage product produced shall be distributed to the restaurant required to be adjacent to the brewery. Holder of a Restricted Brewery License may also sell and distribute malt alcoholic product to licensed wholesalers. If the director of the Division of Alcoholic Beverage Control has issued a permit, the owner of the Restricted Brewery License may offer samples for promotional purposes at charitable or civic events not held at the licensed restaurant premises.
(d)
On-site parking requirements shall be the same as established for restaurants in the B-3 zone while being a condition attached to the conditional use.