Oakland City Zoning Code
§ 59-56
I-3 Industrial/Office Zone and CO Corporate Office Zone.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
I-3 Industrial/Office Zone. Within the Industrial/Office Zone, only the following uses shall be permitted on any single lot of required size:
(1)
A professional or business office or studio.
(2)
Executive, professional and administrative offices.
(3)
Research, experimental or testing in scientific laboratories.
(4)
Any industrial manufacturing, assembling or fabricating use permitted under Section 59-55E of this Article where no noise, smoke or odor whatsoever emanates from the building by reason of the manufacturing, assembling or fabricating use operated therein.
(5)
Businesses which are presently being conducted in said zone, it being the specific intention of this section to prohibit the operation of retail, sales or personal service establishments or businesses, restaurants and any other uses so as to restrict as much as possible any increase in traffic on and off New Jersey Route 208.
(6)
Solar energy systems as either a principal or as an accessory structure and 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)
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]
(8)
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]
(9)
The following are permitted uses in the I-3 zone only. Furthermore, to protect the public health, safety and welfare the uses a and b listed below are subject to the standards enumerated herein:
[Added 12-20-2021 by Ord. No. 21-Code-863]
(a)
Cannabis Wholesaling.
(b)
Cannabis Distributing.
[1]
Cannabis Establishments.
[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.
B.
CO Corporate Office Zone.
(1)
Within the Corporate Office Zone, only the following uses shall be permitted on any single lot of required size:
(a)
A professional or business office, including medical and dental facilities.
(b)
Executive and administrative offices.
(c)
Research, experimenting and testing for scientific laboratories.
(d)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(e)
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]
(2)
Corporate Office Zone buffer area. There is hereby established within the Corporate Office Zone a buffer area consisting of a buffer strip of 100 feet in width around the inside perimeter of said district.
(a)
If possible, all the natural plant life shall be left in its original condition within such strip.
(b)
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 as required by the Planning Board during site plan review.
(c)
Such strip shall remain unobstructed, except that the same may be traversed by access roads.
(3)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(4)
Yards; Area; Height.
(5)
Open space requirements. No less than 30% of the area shall be maintained as open space/green area. The open space shall consist of all areas which are pervious, including natural areas whenever possible and/or landscaping comprised of a mixture of grass, shrubs, shade trees and other typical vegetation.
C.
Applicable provisions of other sections. The provisions of this Article listed below pertaining to the Industrial Park Zone (I-P) are hereby made applicable to the Corporate Office Zone and the Industrial/Office Zone:
D.
Number of buildings per lot restricted. Within the Corporate Office Zone and the Industrial Research and Office Zone, not more than one building shall be erected on any individual lot.
E.
Conditional Uses - I3 Industrial/Office Zone. Subject to the following conditions, only the following uses shall be permitted as a conditional use in the I-3 Industrial/Office Zone.
(1)
Limited Brewery.
[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.
[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 premises.
(c)
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.
F.
Conditional Uses - Corporate Office Zone. Subject to the following conditions, only the following uses shall be permitted as a conditional use in the Corporate Office Zone.
(1)
Limited Brewery.
[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.
[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 premises.
(c)
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.