Oakland City Zoning Code
§ 59-53.1
Downtown I District DT-I Zone.
[Added 9-19-2012 by Ord. No. 12-Code-672; amended 5-22-2013 by Ord. No. 13-Code-685; 9-22-2021 by Ord. No. 21-Code-850; 10-13-2021 by Ord. No. 21-Code-852; 10-13-2021 by Ord. No. 21-Code-853; 10-13-2021 by Ord. No. 21-Code-854; 12-20-2021 by Ord. No. 21-Code-866; 12-20-2021 by Ord. No. 21-Code-868; 8-16-2023 by Ord. No. 23-Code-925; 10-22-2024 by Ord. No. 24-Code-949]
A.
Within the Downtown District-I Zone, only the following compatible land uses, in a distinctive streetscape which enhances and promotes the commercial and civic center of the Borough, shall be permitted on any property in the zone pursuant to the recommendations contained within the Borough's Master Plan and forming an integrated and compatible design with respect to the relationship and location of land uses, buildings, historic structures, parking, signage, circulation, walkways, landscape amenities and buffer features:
(1)
Antique shops, art galleries, appliance stores, arts and craft shops, auto parts, bakery shops, record and CD stores, eyewear and optical stores,, bookstores, building-mounted wireless communication antennas and ancillary equipment exclusive of towers and/or poles, butcher shops, camera stores, card shops, chinaware/flatware and glassware shops, cigar stores, dry-cleaning stores, dry-goods and variety stores, clothing stores, dress shops, candy stores and confectioneries, coin stores, convenience stores, delicatessens, drapers, electronics stores, flower shops, furniture stores, garden equipment, home furnishing stores, gift shops, gourmet and specialty food stores, hardware stores, paint and wallpaper stores, hobby shops, interior decorators, jewelers, leather goods shops, hair accessory shops, knitting supplies stores, linen stores, picture framing shops, package liquor stores intended primarily for retail distribution for off-premises consumption, music shops, musical instruments stores, shoe repair shops, pet shops, pharmacies, photograph equipment, post offices, radio and television repair shops, recreation equipment stores, telecommunications stores, custom packaging and retail mail services, provided that the service is incidental to the main use, coffee shops, ice cream parlors, shoe stores, sporting goods, stationers, tailor shops, toy stores, travel and ticket agencies, wearing apparel; provided, however that none of the foregoing permitted uses shall carry merchandise other than that to be sold at retail on the premises.
(2)
Sit-down restaurants, bars, cafes and taverns.
(3)
Business and professional offices.
(4)
Medical, chiropractic, dental offices.
(5)
Financial institutions such as banks, brokerage houses, finance companies, insurance companies and stockbrokers providing clients and customers with access to advice, assets and information.
(6)
Health clubs, exercise studios and commercial gyms.
(7)
Pet care and grooming services, but not including overnight boarding of animals.
(8)
Personal service providers limited to barbershops, beauty parlors, skin and nail boutiques.
(9)
Athletic and sport training studios, such as sport simulators, golf putting practice greens, baseball, basketball, football, lacrosse, softball, volleyball training and wall climbing.
(10)
Art, dance, martial arts, photography, music and voice instructional studios.
(11)
Educational and lifestyle enhancement skill centers, such as yoga, meditation, life coach, weight loss centers, language arts centers.
(12)
Internet website and design, hosting services.
(13)
Real estate office.
(14)
Craft distilleries operating according to and in strict conformance with a license pursuant to N.J.S.A.33:1-10. Prior to purchasing any product for consumption on the distillery property, each and every customer is required to take a tour of the distillery.
(15)
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
(16)
Governmental buildings and uses.
(17)
Houses of worship and associated educational facilities including parish houses, rectories and convents.
(18)
Mixed-use buildings and developments consisting of two or more principally permitted uses.
B.
Accessory permitted uses allowed in the Downtown-1 Zone include the following:
(1)
Outdoor dining and seating areas, with or without tents, associated with and on the same lot as coffee shops, ice cream parlors, restaurants and cafes.
(2)
Walk-up, but not drive-up, service windows and counters.
(3)
Off-street parking.
(4)
Fences and walls.
(5)
Signs.
(6)
Facilities for the temporary storage of rubbish, trash and recycling materials.
(7)
Solar energy systems only 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 freestanding structures included above a parking area.
C.
Conditionally permitted uses allowed in the Downtown-1 Zone include the following:
(1)
Limited brewery complying with the following conditions:
(a)
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.
(b)
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.
(c)
A limited brewery shall brew no more than 300,000 barrels of malt beverages a year within the limited brewery.
(d)
Limited brewery patrons must complete a facility tour prior to being eligible to purchase or sample malt beverages produced on site.
(e)
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.
(f)
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 established for restaurants in the Downtown-1 Zone while being a condition attached to the conditional use.
(2)
Limited brewpub complying with the following conditions:
(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 operation 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 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 beverage 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 Downtown-I Zone while being a condition attached to the conditional use.
D.
Uses specifically prohibited in the Downtown-1 Zone include the following:
E.
Buffer requirements. There shall be established along any property line that is contiguous to the RA-3 Zone a buffer area of at least 15 feet in width. The buffer area shall be well landscaped and may include fencing as required to provide appropriate screening of parking areas and buildings from the adjoining residential district. No building or impervious surface shall be permitted within the buffer area. Grading and earthwork shall not be permitted within the buffer area except to enhance the integrity of the buffer, such as the creation or supplementing of earthen berms. Existing vegetation should be preserved in the buffer area where practical.
F.
Supplemental development standards. These following standards are not conditions associated with a conditional use. Deviations from these criteria are cognizable as N.J.S.A. 40:55D-70c variances.
(1)
All roof-mounted equipment shall be screened from public view by the use of a parapet wall or other architectural detail. Typical building appurtenances shall not be included in the building height calculation, provided that they are shielded from view and do not cover more than 15% of the roof surface.
(2)
All single-story buildings are recommended to have a pitched roof. If a pitched roof is not possible, then a combination of a flat roof and pitched roof or a false roof structure is recommended.
(3)
Materials for pitched roofs shall be limited to architectural dimensional grade asphalt shingles, natural slate, natural terra cotta, natural wood shakes, copper or factory-finished sheet metal.
(4)
All buildings with flat roofs shall include a parapet articulation on the front facade of the building. The articulation shall be provided through a cornice design.
(5)
Buffer areas. Buffers from adjacent residential properties shall comply with the following standards:
(a)
Landscaped berms shall be incorporated to accentuate the screening qualities of the landscaping proposed. Berms shall be a minimum of two feet in height. The width shall vary with side slopes of one to five to one to two without adversely affecting natural drainage or slope retention.
(b)
Berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected upon the grading and drainage plan.
(c)
Landscaping shall be designed to complement the berms and shall be designed to provide a screen along the majority of the buffer area. Planting shall be installed at a variety of sizes which conform to the following minimum sizes:
Shade trees | 3-inch caliper (12 to 14 feet) |
Evergreen trees | 7 to 8 feet |
Shrubs | 18 to 24 inches |
(d)
Landscaping within the buffer area shall include a predominance of evergreens to provide buffering during the dormant seasons.
(6)
Site and yard lighting shall incorporate the use of stylized light fixtures that complement the proposed building architecture. The following lighting standards shall apply:
(a)
Light fixtures shall incorporate sufficient photometric controls which shield the source of lighting from adjacent buildings or properties;
(b)
Height of the lighting fixtures shall not exceed a 12-foot mounting height;
(c)
Illumination levels proposed shall conform to all applicable ordinance standards provided herein.
(7)
Pedestrian crossings of interior roadways and in parking areas shall be accentuated through the use of differential pavement crossings.
(8)
Shade trees. Shade and/or ornamental trees shall be provided for parking areas. Shade and/or ornamental trees provided in parking areas shall be in accordance with the following standards:
(a)
Shade and/or ornamental tree planting layout shall complement the overall theme for the development as a whole;
(b)
Spacing between shade and/or ornamental trees shall be determined based upon species and the desired theme. The spacing shall range between 25 feet to 35 feet on center. There shall be a minimum of one shade tree per 10 parking spaces within all parking lots;
(c)
Several species of shade and/or ornamental trees shall be incorporated into the design of the overall project to avoid problems associated with a monoculture;
(d)
Choice of shade and/or ornamental tree species shall be based on form and on-site conditions and shall be subject to the approval of the Shade Tree Commission;
(e)
Shade and/or ornamental trees shall be a minimum of three inches in caliper.
(9)
Any and all developments increasing total impervious surface coverage in this zone shall be treated as if classified as a major development under current NJ DEP stormwater regulations and shall enhance stormwater quality by reducing the average annual total suspended solids loading in the site's post-construction runoff by 80% and shall manage stormwater flows such that the peak rate of runoff exiting the site post-construction is no greater than the pre-construction peak runoff rate.
(10)
Streetscape. Applicants seeking site plan, amended site plan, or variance approval shall conform to the requirements of § 59-66.8, entitled "Downtown Streetscape Design Standards." Failure to conform with any of the requirements of § 59-66.8 shall result in the need for variance approval pursuant to N.J.S.A. 40:55D-70c.
G.
Design criteria for buildings in the Downtown-I Zone. The following standards are design guidelines that are strongly encouraged for use in the Downtown-I Zone. All portions of a site not developed with buildings, parking lots, or walks should be suitably landscaped as set forth above.
(1)
Building facade wall area.
(a)
All work performed within the Downtown-I Zone should be visually compatible with the existing streetscape and be constructed from the same, similar or complementary materials.
(b)
Massing of new buildings and additions to existing buildings should appear to be balanced. Buildings should be in proportion to and of a similar scale to existing buildings.
(c)
Buildings with expansive blank exterior walls are discouraged. Windows and other architectural devices should give each wall detail and interest.
(d)
Colors employed on new buildings and additions to existing buildings should be visually compatible with the overall historic streetscape of the zone.
(e)
Architectural detailing. All proposed building facades of each building should have a coordinated architectural design and style. The architectural detailing of buildings shall be true to the architectural style or theme selected for the development. The architectural elevations should provide some differentiation from building to building on a tract to create variety and interest but should not be so dissimilar as to detract from the overall architectural composition of the development.
(f)
For each primary building frontage, at least 30% of the area between three feet and 10 feet in height should be clear/nontinted window glass permitting a view of the building's interior.
(g)
All related piping, ducting, electrical and mechanical utilities, antennas, downspouts, utility receptacles, and service boxes should be painted to match the predominant color of building and be designed to be compatible with the architectural treatment of the principal structure.
(h)
Architectural details of the facade improvements should wrap around and be repeated on walls that are visible from public rights-of-way and off-street parking areas.
(2)
Columns and piers.
(a)
It is recommended that buildings that exceed 30 feet in width should include vertical piers, columns or other vertical visual elements that break up the plane of the building frontage. The vertical elements should be spaced at equal intervals. Vertical visual elements can include articulations in the facade itself such as insets or projections.
(b)
Recommended column and pier width is between eight inches and 30 inches.
(c)
Recommended column and pier base height is between 10 inches and 24 inches.
(d)
Recommended column and pier cap height is between six inches and 24 inches.
(3)
Cornice and fascia.
(a)
Each facade should be designed to have a delineated floor line between the street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel, or a cornice line delineated by wood detailing.
(b)
The top of the building is recommended to be capped by a cornice or sloping roof element.
(4)
Windows.
(a)
All street-fronting ground-level developments should have windows that are clear and not tinted, mirrored, or painted. However, seasonal painting of design windows is encouraged so long as the seasonal painting is removed no later than 89 days after painting.
(b)
Display windows should cover a minimum of 30% of the building frontage.
(c)
Display windows should be positioned within a maximum of three feet above the grade of the sidewalk and a maximum height of eight feet.
(d)
The windows on the upper levels should have an appropriate sill or lentil to accent building openings and provide architectural interest.
(e)
Bulkheads should have a maximum height of three feet and be comprised of the same architectural detailing, materials, and colors as the windows.
(f)
Window displays and signage not attached to the structure of the window itself should not occupy more than 20% of the window area.
(g)
Window displays located within 36 inches of the window should occupy not more than 70% of the window area.
(5)
Doors.
(a)
The doors and windows should cover a minimum of 50% of the building frontage on the street level.
(6)
Canopies and awnings.
(a)
Awnings over windows should match the color of the wall area or trim and are to be clearly integrated into the design of the storefront.
(b)
Canopies and awnings shall not project closer than three feet to the curb line.
(c)
Canopies and awnings shall not be lower than seven feet from grade level.
(d)
Canopies and awnings should be comprised of canvas/fabric material. Metal or plastic material is discouraged.
(e)
Structural elements supporting canopies and awnings should be constructed of a tubular galvanized metal such as aluminum, bronze or copper.
(f)
For multitenant buildings, the awnings for each retail space should be of the same material.
(g)
The length of the awning should complement the architectural details of the building. For example, the awning should break for columns and piers.
(h)
Canopies should be one solid color, exclusive of any signage incorporated into or on the canopy.
(i)
A logo should not be larger than six square feet in area.
(j)
The lettering on valence signs should be between six inches and nine inches in height and should not occupy more than 70% of the valence area of the canopy.