Oakland City Zoning Code
§ 59-55
I-P Industrial Park Zone.
A.
Within the I-P Industrial Park Zone 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, and the Mayor and Council of the Borough of Oakland in order to control whatever smoke, fumes, gas, dust and odors occur or any other atmospheric pollution that may occur may require the use of precipitators or any other means or devices.
(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.
B.
Building appearance. No industrial building in the I-P Industrial Park Zone shall, by its appearance, having the effect of reducing property values in the Industrial Park Zone where it is located or in any other zone adjoining the zone in which it is located.
C.
Lot to be landscaped. Any lot in the I-P Industrial Park Zone upon which the industrial use is to be made shall be so landscaped as to be in harmony with the character of the borough.
D.
Buffer strip. A buffer strip as set forth in the annexed schedule entitled "Buffer Strip for I-P Industrial Park Zone"[1] is hereby established around the entire perimeter of the property now in the I-P Industrial Park Zone. The width of the buffer strip will be as set forth below. Such buffer strip shall be composed of any one or more of the following:
(1)
If possible, all the natural plant life shall be left in its original condition within said strip.
(2)
In the event that said natural plant life within said strip is insufficient to create sufficient screening or because of its removal due to the necessity of grading or for any other reasons, such strip shall be landscaped with plants, trees, shrubs and grass in accordance with the requirements of the Shade Tree Commission and as required by the Planning Board during site plan review.
(3)
Said buffer strip shall be a width of not less than 75 feet in the I-P Industrial Park Zone as shown on the Zoning Map. Said strip shall remain unobstructed, except that the same may be traversed by access roads. Such access roads shall be shown on any site plan application maps made for industrial use in the I-P Industrial Park Zone. Page Drive, Spear Street, Ryerson Street and Hatfield Road shall not be used as means of ingress or egress to or from the Industrial Park Zone, except that Ryerson Street may be used for emergency use, i.e., fire, police, first aid and fire warden.
[Amended 2-18-1981 by Ord. No. 81-Code-916; 5-6-1981 by Ord. No. 81-Code-926]
[1]
Editor's Note: Said schedule is on file in the office of the Borough Clerk and is available for inspection during normal business hours.
E.
Permitted uses. Subject to the requirements contained herein, only the following uses shall be permitted on any lot of required size in the I-P Industrial Park Zone:
(1)
Corporate, professional, business office building or bank building.
(2)
Commercial printing shop.
(3)
A research, experimental or testing laboratory.
(4)
A warehouse for the storage of goods other than perishable foods.
(6)
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]
(7)
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]
(8)
Cannabis Operations.
[Added 12-20-2021 by Ord. No. 21-Code-863]
(a)
Cannabis Wholesaling.
(b)
Cannabis Distributing.
[1]
Furthermore, to protect the public health, safety and welfare, the uses in (a) and (b) listed above are subject to the standards enumerated herein:
[a]
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.
[b]
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.
[c]
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.
[d]
All proposed cannabis operations must secure site plan approval as a prior approval before seeking a construction permit.
[e]
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.
[f]
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.
[h]
Off street loading requirements for all cannabis operations shall be the same as adopted for industrial uses.
[i]
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.
F.
Prohibited uses in the I-P Industrial Park Zone. Any other industrial, manufacturing, assembling or fabricating use is permitted with the specific exception of the following:
(1)
Acetylene gas manufacture.
(2)
Ammonia, chlorine or bleaching powder manufacture.
(3)
Animal-black, lampblack or 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. Fertilizer manufacture for purposes of this section shall include but is not limited to the following activities:
[Amended 7-21-1999 by Ord. No. 99-Code-367]
(a)
The making of any type of liquid or solid fertilizers;
(b)
The assembly of component materials of fertilizers;
(c)
The blending or mixing of various fertilizers;
(d)
The blending or mixing of fertilizers with other substances, active and inactive, including but not limited to insecticides and pesticides;
(e)
The dilution of fertilizers or component parts of fertilizers with water;
(f)
The liquefying of solid fertilizers with liquid fertilizers and/or other liquids;
(g)
The storage of more than 50 pounds of dry fertilizer or more than 55 gallons of liquid fertilizer is prohibited.
(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.
(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.
(22)
Pyroxylin-plastics manufacture or the manufacture of articles therefrom.
(23)
Storage, cleaning, curing or tanning of rawhides 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)
The operation of stockyards or slaughterhouses.
(29)
Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric acid manufacture.
(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.
(32)
Paper, pulp or lumber mills.
(33)
Sand pit, gravel pit, quarry or stone crusher.
(34)
Open storage yard for storage of building materials, contractors' equipment and supplies and similar materials, supplies and equipment other than as permitted during the course of construction of buildings as provided in Section 59-55H(3).
(35)
Concrete mixing plant other than for such concrete used in the construction of industrial buildings upon the site in the Industrial Park Zone.
(36)
Dry-cleaning and rug-cleaning establishments.
(37)
Warehouse for the storage of perishable foods.
(38)
Truck terminals.
G.
(Reserved)
[Repealed 7-23-2008 by Ord. No. 08-Code-572]
H.
Additional use regulations in the Industrial Park Zone.
(1)
No trailer shall be permitted on any plot in the I-P Industrial Park Zone, other than a trailer required in connection with the construction of an industrial building to be erected upon any site in the I-P Industrial Park Zone.
(2)
In the I-P Industrial Park Zone, no parking of any motor vehicle shall be permitted in front of that line established by the construction of the front wall of the building on the site for the full width of the property, and in any industrial building, no truck-loading doors may be installed in the front wall of such building. No on-street parking of vehicles shall be permitted in the I-P Industrial Park Zone. There shall be installed in connection with any building erected in the I-P Industrial Park Zone a parking area of sufficient size to provide adequate parking for all vehicles of the employees employed in such building. All commercial vehicles must be parked at the rear of any industrial building.
[Amended 10-21-1981 by Ord. No. 81-Code-945]
(3)
During the course of construction of an industrial building or buildings, the owner or the contractors shall have the right to erect a temporary structure for the purpose of storing materials and machinery and to use the same during the course of construction for such industrial buildings to be erected. The location of said temporary structure and the length of time it may remain will be designated by and subject to the control of the Zoning Enforcement Official of the Borough of Oakland.
I.
Conditional Uses. Subject to the following conditions, only the following uses shall be permitted as a conditional use in the I-P Industrial Park Zone.
(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 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:
[Added 10-13-2021 by Ord. No. 21-Code-853]
(a)
Each and every operator of a brewpub shall 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 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.
(c)
On-site parking requirements shall be the same as established for restaurants while being a condition attached to the conditional use.