Oakland City Zoning Code
§ 59-45
Regulations applicable to all zones.
A.
Conformance required. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations herein specified for the district in which it is located.
B.
Unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe and lawful condition of any building declared unsafe or unlawful by the Building Inspector, the Chief of the Fire Department or other duly authorized borough officials.
C.
Soil mining prohibited; exception. Nothing here shall be construed as permitting, in any zone, soil mining operation, except as permitted by the applicable ordinances of the Borough of Oakland.
D.
(Reserved)
[Repealed 11-1-1989 by Ord. No. 89-Code-171]
E.
Yard provisions. No yard or other open space required for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
F.
Subdivision of occupied lots. Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to violate any of the requirements of this chapter with respect to the existing building and all yards and other open spaces required therefor, and no permit shall be issued for the election of a building on the new lot thus formed unless the subdivision complies with all the provisions of all ordinances of the Borough of Oakland.
G.
Walls in yard in business zone. In the B-1, B-2 and B-3 Business Zones, no fence of any type, no wall other than a building wall as part of a building structure and no posts or cables shall be constructed, erected or maintained in any yard of any premises other than a rear yard of such premises or as otherwise permitted in the ordinances of the Borough of Oakland.
[Amended 12-17-1980 by Ord. No. 80-Code-912]
H.
General use restriction. Any use not specifically designated as a principal permitted use, an accessory use or a conditional use is specifically prohibited in any zoning district in the Borough of Oakland.
[Added 8-8-1995 by Ord. No. 95-298]
I.
Oil and Hazardous Substance Pipelines.
[Added 1-27-2016 by Ord. No. 16-Code-728; amended 8-30-2017 by Ord. No. 17-Code-757]
(1)
Applicability. The provisions in this section apply to all oil and hazardous substance pipelines proposed for construction and siting within the Borough of Oakland. To the extent any regulations within this section conflict with State or Federal regulations or laws regulating oil and hazardous substance pipelines, those State or Federal regulations and laws shall take precedence over this section.
(2)
Uses. Oil and hazardous substance pipelines that are not providing services to the public as end users and are not regulated by the New Jersey Board of Public Utilities are prohibited in all residential zones and districts within the Borough of Oakland and shall constitute conditional uses in all other zones and districts within Borough of Oakland subject to the provisions of this section.
(3)
Development and Construction of Oil and Hazardous Substance Pipelines. The following requirements and standards shall apply for the development and construction of any oil or hazardous substance pipeline within the Borough of Oakland:
(a)
Application and approvals. A resolution of approval by the Borough of Oakland Planning Board shall be required prior to the construction of any oil and hazardous substance pipeline within the Borough of Oakland. An original development application-site plan for a pipeline approval and permit shall be submitted to the Borough of Oakland Planning Board Secretary with a copy submitted to the Borough Engineer. Such application shall include:
[1]
Twenty sets of plans showing the dimensions, valving frequency, and proposed construction and siting of the oil and hazardous substance pipeline, related appurtenances and facilities;
[2]
Detailed cross-section drawings for all proposed pipeline public street right-of-way, closings and easements, wetlands and New Jersey open waters crossings;
[3]
A flow diagram showing the daily design capacity of the proposed oil and hazardous substance pipeline;
[4]
A description of any changes in flow in the oil and hazardous substance pipeline once in operation;
[5]
The proposed maximum operating pressure, in pounds per square inch gauge (psig) at all points of change in elevation greater than 500 feet, or every 500 feet in length as a minimum; and
[6]
Diagrams and descriptions of all pipeline monitoring facilities and shut off/flow control valves proposed to be located in or closest to the municipality.
(b)
Required Setbacks. To promote the public health, safety, and general welfare and to mitigate the aesthetic and environmental impacts of the oil and hazardous substance pipeline and to minimize the potential damage or interruption to essential public facilities by the oil and hazardous substance pipeline, the construction and siting of the oil and hazardous substance pipeline in Borough of Oakland shall be subject to the following setbacks:
[1]
100-Foot Setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be constructed and sited closer than 100 feet from:
i
Any wetlands;
ii
Any year-round naturally occurring creek, stream, river, private or public well, or pond, unless approved by the Borough of Oakland Engineer as part of the pipeline permit and approval process where adequate mitigation measures have been demonstrated by the applicant; or
iii
Any property in a business district or where a business is located.
[2]
150-Foot Setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be sited closer than 150 feet from any residential property, zone or district on level grade.
[3]
250-Foot Setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be constructed and sited closer than 250 feet from any residential property, zone or district where the residential property, zone or district is located downhill from the pipeline at a grade equal to or greater than 5%, except that no oil and hazardous substance pipelines shall be located on slopes of a grade equal to or greater than 15%.
[4]
1,000-Foot Setbacks. Except as otherwise set forth in this section, oil and hazardous substance pipelines shall not be constructed and sited closer than 1,000 feet from any critical land use lot or essential public facilities structure.
(c)
Submittal of Additional Information. If requested by the Borough of Oakland Engineer, preliminary as-built information, including, without limitation, as-built drawings, a copy of GIS shapefiles of the pipeline and its related appurtenances and facilities within the Municipality, and any additional requested information about the oil and hazardous substance pipeline shall be filed 90 days before the date the pipeline is proposed to become operational with the Borough of Oakland Engineer. Updated as-built information, including, without limitation, as-built drawings, a copy of GIS shapefiles of the oil and hazardous substance pipeline and its related appurtenances and facilities within the Municipality, and any additional information requested by the Borough of Oakland Engineer about the pipeline shall be filed within 60 days after the oil and hazardous substance pipeline has become operational with the Borough of Oakland Engineer.
(d)
Construction. The Pipeline Owner and Pipeline Operator shall give notice 48 hours prior to the proposed start date of construction of the oil and hazardous substance pipeline to all affected residents, businesses (including agricultural businesses) and to the Borough of Oakland Engineer and Police Department. Private property owners and business owners shall have access to their properties at all times during pipeline construction.
(4)
Emergency Preparedness Plan. Sixty days prior to the first date of operation of the oil and hazardous substance pipeline, the pipeline owner and pipeline operator shall meet with the Borough of Oakland Police Department and Engineer and submit to them an emergency preparedness plan ("EMP") for any and all emergencies that may result in an accidental leak or failure incident regarding the pipeline and its related appurtenances and facilities. The EMP shall cover the requirements stated in 49 CFR 195.402 and 195.403 and shall identify a responsible local emergency response official and a direct twenty-four-hour emergency phone number. No oil and hazardous substance pipeline shall become operational, nor shall any oil and hazardous substance be introduced into the oil and hazardous substance pipeline prior to the pipeline owner and pipeline operator receiving the prior written approval of the EMP by the Borough of Oakland Engineer and Chief of Police.
(5)
Insurance. No pipeline owner or pipeline operator shall operate any oil and hazardous substance pipeline or introduce any oil or hazardous substance into an oil and hazardous substance pipeline without first obtaining insurance policies covering general liability, environmental incidents and contamination, and property damage in an aggregate amount to be determined by the Borough of Oakland based upon reasonable estimates of potential liability and property damage that would result from a leak, spill or other failure of the oil and hazardous substance pipeline. Prior to the first operation of the oil and hazardous substance pipeline and every year in which the oil and hazardous substance pipeline is in operation thereafter, the pipeline owner or pipeline operator shall submit insurance coverage certificates and endorsements to the Borough of Oakland adding the Borough of Oakland as an additional named insured on the insurance policies, demonstrating that the required policies and levels of insurance have been obtained.
(6)
Indemnification and Hold Harmless. Prior to the first operation of the oil and hazardous substance pipeline, the pipeline owner and pipeline operator shall both agree in writing to indemnify and hold harmless the Borough of Oakland, as well as its officers, officials, supervisors, employees, agents, contractors, and assigns, from any and all liability relating to or arising from the oil and hazardous substance pipeline, including, but not limited to, any failure, leak, spill, contamination, cleanup, remediation, property damage, and personal injury from and related to such pipeline. The indemnification and hold harmless agreement shall include a provision for the payment of Oakland's reasonable attorneys' fees and litigation costs.
(7)
Easements. Any easements or rights-of-way obtained by the pipeline owner or pipeline operator for the oil and hazardous substance pipeline shall be recorded by the pipeline owner or pipeline operator in the office of the County Clerk.
(8)
Marking. The pipeline owner or pipeline operator shall install and maintain markers to identify the location of the oil and hazardous substance pipeline in accordance with all applicable Federal and State requirements.
(9)
Pipeline Failure and Remediation. In the event that a leak, spill, or failure has occurred with the oil and hazardous substance pipeline, the pipeline owner and pipeline operator shall notify the Borough of Oakland Engineer, the Borough of Oakland Police Department, and all property owners within 1,000 feet of the affected pipeline area within one hour of discovery of the leak, spill or failure. The pipeline owner and pipeline operator shall cooperate with Borough of Oakland officials and make every effort to respond as soon as possible to protect the public's health, safety, and welfare. All leak or spill remediation plans shall be made in consultation with the Borough of Oakland, and no remediation may be deemed complete without final approval thereof by the Borough of Oakland. In the event that the oil and hazardous substance pipeline is shut down due to a leak, spill, or failure, the pipeline owner and pipeline operator shall not restart the pipeline without the written approval of the Borough of Oakland Engineer.
(10)
Repairs or Maintenance. Following any repair(s) or maintenance of an oil and hazardous substance pipeline, any areas disturbed by such repair(s) or maintenance shall be revegetated and restored in accordance with the applicable provisions of the Borough Ordinances at the pipeline owner's and pipeline operator's sole cost and expense.
J.
Outdoor dining associated with restaurants.
[Added 10-24-2018 by Ord. No. 18-Code-767; amended 6-23-2021 by Ord. No. 21-Code-828; 11-23-2021 by Ord. No. 21-Code-858]
(1)
Only in those zones wherein restaurants are a permitted use, the following provisions shall govern outdoor dining facilities:
(a)
Outdoor dining facilities associated with and on the same lot as a restaurant are a permitted accessory use, but only in those zones where restaurants are a permitted principal use.
(b)
Restaurants previously granted site plan approval for outdoor dining facilities and/or seating continue to be regulated pursuant to the earlier site plan approval, therefore restaurants that previously secured site plan approval for outdoor dining are exempt for these regulations. Any changes to the previously approved outdoor dining site plan approval are required to comply with these regulations.
(c)
Every restaurant in a zone where restaurants are a permitted use may establish outdoor dining facilities on the lot on which the restaurant is located upon receipt of an Outdoor Dining Facility License by the Borough. An Outdoor Dining Facility License is issued to the owner, does not need to be renewed annually and terminates with the sale of the restaurant or real property. Every outdoor dining facility at all times shall comply with and be maintained in accordance with the following conditions and limitations:
[1]
Restaurants complying with each of the following provisions may seek approval of outdoor dining facilities through application to the Zoning Official. When compliance with these requirements is proposed, Planning Board approval of outdoor dining facilities shall not be required.
[2]
Restaurants approved for outdoor dining facilities shall on a one-for-one basis remove an existing interior seat for each proposed outdoor seat so the total number of seats on the restaurant property does not and will not exceed what was existing prior to the introduction of outdoor seating.
[3]
There is no parking requirement associated with outdoor dining facilities or seating. The existing number of parking spaces prior to the introduction of outdoor dining facilities shall be deemed sufficient for both interior and exterior seating quantities.
[4]
Outdoor dining facilities shall be located so compliance with all setback requirements for buildings as established for the applicable zone is achieved.
[5]
Unroofed outdoor dining facilities shall not contribute to the existing restaurant's building coverage.
[6]
Outdoor dining facilities located in or directly adjacent to a drive aisle or parking area shall provide barriers around the perimeter of the outdoor dining facility to adequately protect customers and staff within the outdoor dining facility from vehicle strikes.
[7]
Outdoor dining facilities shall be permitted to install, consistent with all applicable provisions of the international building code, lighting, portable heating and cooling equipment and equipment to provide music. Amplified music shall be extinguished at 10:00 p.m., inclusive of both Friday and Saturday.
[8]
Prior to establishing an outdoor dining facility, the restaurant operator must file the appropriate application form to the Zoning Official along with a to-scale sketch depicting property lines, restaurant building, proposed outdoor seating facilities and associated site features including but not limited to parking and all equipment and apparatus to be used in connection with its operation. The Zoning Official shall collect an outdoor dining facility application fee prior to issuing a license. Outdoor dining facilities of 50 and fewer seats shall pay a fee of $325. Outdoor dining facilities with more than 50 seats shall pay a fee of $500.
[9]
Upon receipt of an executed application form and sketch, the municipal official shall distribute same to the Borough Engineer, Police, Fire, Health and Fire Prevention Departments for review and comment by these departments. Said reviews shall be completed within 15 business days. Upon receipt of departmental comments, and the appropriate fee the Zoning Official shall issue the outdoor dinning facility approval which may be conditioned on compliance with departmental comments and the further compliance with all provisions of this ordinance. An escrow fee, not to exceed $750, shall be collected by the Zoning Official prior to commencement of the license review.
[10]
A copy of the Outdoor Dining Facility License shall be conspicuous displayed on the premises containing the Outdoor Dining Facility.
K.
Wireless facilities in the right-of-way. Notwithstanding anything else in Chapter 59 of the Code of the Borough of Oakland, the installation of antennas, small cells and other communication devices and associated equipment in the public municipal roadway, either on existing or new poles, are permitted if a right-of-way use agreement and right-of-way permits are obtained under Chapter 12, § 12-1, Street Construction, Subsection 12-1.35, Communication Facilities Right-of-Way Permits.
[Added 6-23-2021 by Ord. No. 21-Code-830]
L.
Every new development that creates or generates five or more new residential units shall deed restrict at least 20% of the total number of housing units in the development as housing restricted to and affordable by low-and moderate-income households as these terms are defined in N.J.A.C. 5:93. This requirement is un-waivable. Any effort on the part of a developer to produce less than a 20% affordable housing setaside for future developments not in the Settlement Agreement or Fair Share Plan is contrary to the public good and is a prima facie basis for the reviewing board to deny the development application in full.
All such affordable housing generated pursuant to this provision shall fully comply with Oakland’s Affordable Housing Ordinance and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) with the understanding that 13% of all affordable units within each bedroom configuration must be restricted to households no more than 30% of the regional median income
This provision does not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of Oakland or its Boards or agencies to grant such rezoning, variance or other relief such as a designation that an area is in need of redevelopment to a developer.
[Added 6-23-2021 by Ord. No. 21-Code-840; amended 12-20-2021 by Ord. No. 21-Code-865]
M.
The keeping of boarders or roomers and/or operation of a boardinghouse or rooming house is hereby prohibited in any and all zones.
[Added 6-14-2023 by Ord. No. 23-Code-906]
N.
Rental of dwelling units. No house, dwelling, building, dwelling unit, structure or enclosure or any part of the same which is located in any residential district shall be used or permitted to be used or be rented for use as living quarters, sleeping quarters or for living purposes by or to any society, club, fraternity, sorority, association, lodge, commune or similar group, or other collection of persons who do not qualify as a family as defined in § 59-44 of this chapter. This restriction shall not apply to hotels, motels or other places of public accommodation which are duly licensed by the Borough and/or the State of New Jersey or to convents, rectories or parish houses utilized in conjunction with any house of worship.
[Added 6-14-2023 by Ord. No. 23-Code-906]