Oakland City Zoning Code
§ 59-53.2
Downtown II DT-II Zone.
[Amended 9-19-2012 by Ord. No. 12-Code-673; 5-22-2013 by Ord. No. 13-Code-685; 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-867; 8-16-2023 by Ord. No. 23-Code-926; 10-22-2024 by Ord. No. 24-Code-949]
A.
The purpose of the Downtown-II District is to acknowledge that, although this portion of the Borough has contributed to the vitality of the commercial hub of the Borough, it is somewhat removed from the central commercial core by the railroad crossing of Ramapo Valley Road and the intersection of West Oakland Avenue with Ramapo Valley Road. These physical features provide an opportunity to craft zoning regulations specifically designed for those commercial properties along Ramapo Valley Road north of the railroad corridor.
B.
Permitted uses. Within the Downtown-II Zone, only the following land uses shall be permitted on any property in the zone:
(1)
Antique shops, art galleries, arts and craft shops, bakery shops, book, record and CD stores, eyewear and optical stores, bookstores, building-mounted wireless communication antennas and ancillary equipment, except for towers and/or poles, butcher shops, camera stores, card shops, chinaware/flatware and glassware shops, cigar stores, convenience stores, dry-cleaning stores, dry-goods and variety stores, clothing stores, dress shops, candy stores and confectioneries, coin stores, delicatessens, drapers, flower shops, furniture stores, 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 with or without drive-up service, photograph equipment and studios, post offices, radio and television repair shops, telecommunications stores, custom packaging and retail mail services, provided that the service is incidental to the main use, coffee shops with or without drive-up service, 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 and taverns.
(3)
Business and professional offices.
(4)
Medical, dental and chiropractic 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, such as barbershops, beauty parlors, skin and nail boutiques.
(9)
Athletic and sport training studios limited to 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)
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.
(14)
Real estate office.
(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 facilities, including parish houses, rectories and convents.
(18)
Mixed-use buildings and developments consisting of two or more principally permitted uses.
C.
Accessory permitted uses allowed in the Downtown-II Zone include the following:
(1)
Outdoor seating areas associated with and on the same lot as coffee shops, ice cream parlors, restaurants and cafes.
(2)
Drive-up and walk-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. Such systems may be installed only as a use accessory to a permitted principal use either on the roof of a permitted principal or accessory structure or as freestanding structures such as above a parking area.
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 required 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 shall be preserved in the buffer area where practical.
F.
Supplemental development standards. These following standards are not conditions associated with the 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 one-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 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-development is no greater than the pre-construction 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 requirements applicable to buildings in the Downtown-II Zone. The following standards are design guidelines that are strongly encouraged for use in the Downtown-II zone. All portions of a site not developed with buildings, parking lots, or walks should be suitably landscaped.
(1)
Building facade wall area.
(a)
All work performed within the Downtown-II District shall 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.
(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 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 predominate color of the building and 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-site 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.
(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 the 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.
(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 store front.
(b)
Canopies and awnings should not project closer than three feet from the curb line.
(c)
Canopies and awnings should 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 or canopies of each retail tenant 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 shall 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 valance signs should be between six inches and nine inches in height and should not occupy more than 70% of the valance area.