Oakland City Zoning Code
§ 59-54
I-1 and I-2 Industrial Zones.
A.
Within the I-1 and I-2 Industrial Zones, not more than one building shall be erected upon any industrial plot, except those accessory buildings or structures which are strictly required for and related to the use of the principal structure may be so designed as to be used by more than one industry, provided that approval for such multiple use is obtained pursuant to § 59-48A.
B.
Within the I-1 and I-2 Industrial Zones, no use shall be established, maintained or conducted so that the same will cause any:
(1)
Dissemination of smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot occupied by said use;
(2)
Noise audible beyond the boundaries of the lot where the use is conducted;
(3)
Discharge of any waste matter whatsoever into any watercourse;
(4)
Dissemination of glare or vibration beyond the immediate site on which said use is conducted;
(5)
Any undue increase in total traffic or any undue increase in commercial-vehicle traffic on any street primarily serving a residential district;
(6)
Physical hazard by reason of fire, explosion, noise, vibration, radiation or other similar cause to adjoining property;
(7)
The same will not, by its appearance, have the effect of reducing property values in the industrial zone where it is located or in any other zone adjoining the zone in which it is located;
(8)
That the lot upon which the industrial use is to be made is so landscaped as to be in harmony with the character of the borough and it or any part of it may be fenced with appropriate fencing material to a height not to exceed eight feet;
(9)
Upon any lot which abuts a boundary of a residential zone, there shall be established a landscaped strip along the entire length of said boundary. Said landscaped strip shall consist of any one or more of the following: plant material, fencing, walls or grassed areas. Said strip shall be of a width of not less than 50 feet, not including an intervening street, if any, and shall be shown upon the site plan which shall be approved as provided herein.
C.
Subject to the requirements contained herein, only the following uses shall be permitted on any lot of required size within the I-1 and I-2 Industrial Zones:
(1)
Any use permitted in the B-2 Business Zone other than new residences, nursing homes, retail sales, personal service establishments or restaurants. Residences existing at the time of the adoption of this chapter in the I-1 and I-2 Industrial Zones may be altered, rebuilt and enlarged and shall be entitled to all the customary accessory uses provided that they meet all of the minimum bulk requirements of the RA-5 Residential Zone.
[Amended 10-21-1987 by Ord. No. 87-Code-84; 5-3-1989 by Ord. No. 89-Code-153; 11-1-1989 by Ord. No. 89-Code-171; 10-25-1995 by Ord. No. 95-Code-300]
(2)
An open storage yard for storage of building materials, contractors' equipment and supplies and similar materials, supplies and equipment; bulk storage of fuel oil not in excess of 35,000 gallons per acre of lot area.
(3)
A research, experimental or testing laboratory; truck terminal.
(4)
A refrigerating plant, dry-cleaning or rug-cleaning establishment; warehouse.
(5)
Solar energy systems as either a principal use or structure, or as an accessory structure or use. Such systems may be installed either on the roof of permitted principal or accessory structures or as freestanding structures including above a parking area.
[Added 5-22-2013 by Ord. No. 13-Code-685]
(6)
Plenary distilleries operating in strict accordance with a valid license issued pursuant to N.J.S.A. 33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-854]
(7)
The following are permitted uses in the I-1 zone only. Furthermore, to protect the public health, safety and welfare the uses (a) through (e) listed below are subject to the standards enumerated herein:
[Added 12-20-2021 by Ord. No. 21-Code-863]
(a)
Cannabis Cultivating.
(b)
Cannabis Manufacturing.
(c)
Cannabis Wholesaling.
(d)
Cannabis Distributing.
(e)
Cannabis Delivery Service.
[1]
As authorized by the enabling legislation, Oakland is permitted and has chosen to place an upper limit the number of cannabis licenses and thus cannabis operations that may locate in Oakland. No more than 10 cannabis enterprises of any type shall be authorized in the Borough. An applicant seeking site plan approval shall provide as an item of completeness a signed Affidavit attesting to and indicating the owner, type of license held and location of every cannabis operation in the Borough.
[2]
Every cannabis operator/owner/applicant must possess a valid State of New Jersey license for the particular cannabis use being applied for. All conditions associated with the required New Jersey issued cannabis license are also requirements of any local approval that may issue.
[3]
Each and every cannabis operator must in addition to securing a license from the State of New Jersey must also secure a cannabis license from the Borough of Oakland. The fee for such license shall be established by separate ordinance. The Oakland Site Plan Checklist is herein revised and amended to include as a checklist item proof of possession of both a valid State of New Jersey and a Borough of Oakland license for all cannabis applications and the aforementioned listing of all cannabis operations within the Borough.
[4]
All proposed cannabis operations must secure site plan approval as a prior approval before seeking a construction permit.
[5]
All cannabis applicants must produce a public safety and security plan and secure approval from the Oakland Police Department or an approved outside agency approved by the Oakland Police Department. Certification of all employees shall comprise one aspect of the public safety and security plan. Strict implementation of the public safety and security plan is a continuing obligation of every cannabis operator. All cannabis operations shall deposit in its escrow account an additional $3,500 to fund all reviews by or required by the Police Department or Health Department. All outside reviews shall be paid for by the applicant through the use of the previously posted escrow funds. These escrow fund shall be replenished as needed upon the request of the Borough.
[6]
All cannabis applicants must produce an odor control plan. Approval of this odor control plan prior to the issuance of a construction permit will be a requirement of all cannabis operators. Strict implementation of the odor control plan is a continuing obligation of every cannabis operator. The Health Department, or an outside agency as designated by the Health Department, shall be the designated reviewing agency. All outside reviews shall be paid for by the applicant through the use of the previously posted escrow funds. These escrow fund shall be replenished as needed upon the request of the Borough.
[8]
Off street loading requirements for all cannabis operations shall be the same as adopted for industrial uses.
[9]
All trucks owned by the cannabis operator and used in the distribution and wholesaling of cannabis or related products shall be stored or parked in a lot that is enclosed by fencing with a gate that shall at all times be locked, except for when trucks are entering or leaving the enclosed truck storage area. Employee parking shall be located in a separate area of the site.
D.
Subject to the conditions contained herein, only the following uses shall be permitted as a conditional use on any lot of required size within the I-1 and I-2 Industrial Zones:
[Amended 10-13-2021 by Ord. No. 21-Code-852]
(1)
Limited Brewery complying with the following conditions:
[Added 10-13-2021 by Ord. No. 21-Code-852]
(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 as established for restaurants while being a condition attached to the conditional use.
(2)
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)
A brewpub shall brew no more than 10,000 barrels of malt beverages a year. The malt alcoholic beverage product produced shall be districted 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 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.
(c)
On-site parking requirements shall be the same as established for restaurants while being a condition attached to the conditional use.
E.
Prohibited uses. Any other industrial, manufacturing, assembling or fabricating use will be permitted upon application and after approval, except that the following uses are hereby specifically prohibited:
(1)
Acetylene gas manufacture.
(2)
Ammonia, chlorine or bleaching-powder manufacture.
(3)
Animal-black, lampblack, bone-black, printing-ink manufacture.
(4)
Asphalt manufacture or refining.
(5)
Boiler works.
(6)
Brick, tile and terra cotta manufacture.
(7)
Creosote treatment or manufacture.
(8)
Crematories and cemeteries.
(9)
Disinfectant, insecticide or poison manufacture.
(10)
Distillation of coal, petroleum, refuse, grain, wood or bones.
(11)
Dyestuffs manufacture.
(12)
Explosive manufacture or the storage thereof in excess of 25 pounds.
(13)
Fertilizer manufacture.
(14)
Glue, size or gelatin manufacture, where the process includes the refining and recovering of products from fish, animal refuse or offal.
(15)
Grease, lard, fats or tallow rendering or refining.
(16)
Incineration, reduction, storage or dumping or slaughterhouse refuse, rancid fats, garbage, dead animals or offal, except by the municipality or its agents.
(17)
Junk yards of any type.
(18)
Oil cloth, asphalt-tile, vinyl-tile or linoleum manufacture.
(19)
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
(20)
Sandpaper manufacture.
(21)
Storage of gasoline and other petroleum products, except fuel oil as referred to in § 59-54C(2), in excess of 12,000 gallons and gasoline for the use of the motor vehicles connected with the use of the premises, not exceeding 2,000 gallons.
(22)
Pyroxylin-plastic manufacture or the manufacture of articles therefrom.
(23)
Storage, cleaning, curing or tanning of rawhide or skins.
(24)
Natural or artificial rubber or gutta-percha manufacture or treatment.
(25)
Smelting of iron, copper, tin, zinc or lead from ores.
(26)
Soap manufacture.
(27)
The operation of a steel furnace, blooming or rolling mill or forging plant.
(28)
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric acid manufacture.
(29)
The operation of stockyards or slaughterhouses.
(30)
Tar distillation or manufacture.
(31)
Any other trade or use that is noxious or offensive by reason of the emission of odor, dust and smoke, gas or noise.