Oakland City Zoning Code
§ 59-61
Off-street parking.
A.
Spaces or facilities to be maintained by owner or occupant. In all zones, parking spaces and other related facilities for the use of occupants, employees and patrons of buildings hereafter erected, extended, enlarged or changed in use shall be provided and maintained by the owner or occupant in accordance with the provisions of this section.
B.
No encroachment permitted on established spaces and appurtenances. All such parking spaces and loading spaces, together with such passageways and driveways, shall be deemed to be required spaces on the lot on which the same are situated and shall not thereafter be encroached upon or reduced in any manner except as otherwise provided herein.
C. FLOOR AREA
Floor area defined. As used in this section, the following term shall have the meaning indicated:
In the case of offices, merchandising, banking or service types of uses, the gross floor area used or intended to be used for service to the public as customers, patrons, clients or patients or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not mean floors or parts of floors used principally for nonpublic purposes, such as storage and show-window areas or floors or parts of floors used principally for toilets or rest rooms or for utilities.
D.
Seating facilities. In auditoriums and other places of public assembly in which persons occupy benches or other similar seating facilities, each 20 inches of said seating facilities shall be counted as one seat.
E.
Required parking spaces. The location of such required parking space shall be as follows:
(1)
The parking space required for one-family dwellings shall be on the same lot or parcel of land as the dwelling to be served.
(2)
Except for dwellings, any two or more establishments may collectively join in providing the required parking spaces, provided that the total of such parking spaces shall equal the sum of the requirements required of each particular establishment and provided further that such joint facilities shall be within 500 feet of each participating establishment.
F.
Minimum number of required parking spaces. The minimum required parking spaces shall be determined and fixed in accordance with the following:
(1)
One-family dwellings: two parking spaces.
(2)
One-family dwellings, including home occupation use or professional use: one parking space for each 100 square feet of floor space devoted to said uses in addition to the two parking spaces required for the dwelling.
(3)
Boardinghouse or rooming house: one parking space for each two guest bedrooms.
(4)
Auditorium; other places of public or semi-public assembly; club uses: one parking space for each three seats.
(5)
School: two parking spaces for each classroom.
(6)
Restaurant; other places serving food or drink: one parking space for each four seats.
[Amended 11-23-2021 by Ord. No. 21-Code-859]
(7)
Bowling alley establishment: three parking spaces for each bowling alley.
(8)
Mortuary; funeral home: Minimum of 20 parking spaces for one parlor, plus 10 parking spaces for each additional parlor.
(9)
Store; personal service shop; bank: one parking space for each 150 square feet of floor area.
[Amended 7-20-1983 by Ord. No. 83-Code-992; 12-21-1994 by Ord. No. 94-297]
(10)
Medical, dental and related professional health care services: one parking space for each 100 square feet of floor area.
[Amended 7-20-1983 by Ord. No. 83-Code-992]
(11)
Multiple-family residence: sufficient parking shall be provided for all multiple-dwelling structures so as to provide two off-street parking spaces for each dwelling unit. Each garage space may be counted as an off-street parking space. All facilities shall be under lock and key and accessible only to occupants of the specific building in which they are located.
[Amended 12-21-1994 by Ord. No. 94-297]
G.
With respect to the off-street parking requirements in any industrial, research, industrial park and/or office zone, the minimum number of parking spaces shall be as follows:
[Added 12-21-1994 by Ord. No. 94-297]
(1)
Warehouse use. One parking space for each two employees thereof, computed on the basis of the greatest number of persons to be employed at any one period but in no event fewer than one parking space per 2,000 square feet of gross floor area of the building, or portion thereof.
(2)
Industrial use. One parking space for each 600 square feet of gross floor area.
(3)
Office use. One parking space for each 250 square feet of floor area used for office.
(4)
Research use. One parking space for each 250 square feet of floor area used for research.
(5)
When computing the number of parking spaces, the floor area for separate uses shall be individually computed. By way of illustration, if a building in any one of the applicable zones shall consist of 10,000 square feet, of which 5,000 square feet will be used as warehouse and 5,000 square feet will be used as office, the parking requirements shall be computed separately, that is, no less than one parking space per 2,000 square feet with respect to the warehouse space (three spaces in this illustration) and no less than one parking space for each 250 square feet of office space (20 spaces in this illustration) for a total of 23 parking spaces.
(6)
The minimum number of parking spaces required by Section 59-61G may be reduced by an amount not to exceed 20% of the required total parking spaces if the applicant demonstrates by clear and convincing evidence that the total number of parking spaces is not necessary.
(7)
All certificates of occupancy issued pursuant to Section 59-106 shall state the total number of parking spaces to be installed. Use of the premises by parking more vehicles thereon than there are parking spaces provided, shall constitute a change in use of the premises requiring the issuance of a new certificate of occupancy under Section 59-106. In such circumstances, the Zoning Enforcement Officer shall issue the owner of the premises a notice informing said owner that the certificate of occupancy will become null and void 45 days from the date of the notice unless an application is made to the Planning Board within 45 days for a new certificate of occupancy.
(8)
The parking requirements set forth in this section shall not apply to the parking requirements of the Corporate Office Zone (Section 59-56B(3)) and the Professional Office Zone (Section 59-56.1(6)) which sections shall continue to apply to their respective zones.
H.
Aisles and driveways. All parking spaces, other than in residential zones, shall be provided with aisles and driveways giving access thereto, which shall be paved and drained and maintained in a good usable condition. Such aisles and driveways shall be paved and established in accordance with § 59-40B(11) of this chapter.
[Amended 12-21-1994 by Ord. No. 94-297]
I.
Location of facilities to be indicated on application. The precise location and area of parking and driveway facilities shall be set forth in all applications for building and zoning permits.
[Amended 12-21-1994 by Ord. No. 94-297]
J.
Exterior parking areas with a capacity of three or more spaces serving an inclusionary triplex or two-family dwelling shall be located in the rear or side yards only. Said parking area shall have side and rear yard minimum setbacks of 10 feet from the property line. All exterior lighting associated with exterior parking areas serving inclusionary triplex or two-family dwellings shall be shielded from adjacent properties. Each off-street parking area shall be effectively screened from adjacent properties by the use of landscape design elements.
[Added 5-9-2012 by Ord. No. 12-Code-662]
K.
Off-street parking standards in the Downtown-I Zone.
[Added 9-19-2012 by Ord. No. 12-Code-672; amended 8-16-2023 by Ord. No. 23-Code-925]
(1)
Standards.
(a)
All off-street parking areas shall be surfaced with an asphalt, bituminous, or cement binder pavement, which shall be graded and drained to an approved stormwater management facility.
(b)
All lighting in connection with off-street parking shall be so arranged and fully shielded as to reflect the light downward away from all adjoining streets and dwellings. Each applicant shall demonstrate sufficient lighting controls are implemented to reduce sky glow and control of glare from the property. The use of total-cutoff fixtures are encouraged to achieve these requirements.
(c)
Off-street parking facilities may be placed in a side or rear yard or a combination of the two.
(d)
Aisle width. Provision shall be made for safe and adequate circulation of vehicles and pedestrians between, within and adjoining the subject property.
(e)
Location of driveways. All entrance and exit driveways to a public or private street shall be located so as to afford maximum safety to pedestrian users of said roadway, to provide for safe and convenient ingress and to minimize conflict with the free flow of pedestrian traffic. Common driveways between adjacent properties are encouraged throughout the Downtown-I Zone.
(f)
The Borough encourages the consolidation and sharing of off-street parking among and between different properties. The Borough's intention is for developers to provide adequate parking in safe and convenient locations without providing an over supply of parking. Applicants shall demonstrate through competent testimony and reports the sufficiency of the shared parking for all properties under consideration. When proposing shared parking, applicants shall demonstrate to the board attorney that sufficient legal protections are established for the long-term viability and maintenance of the shared parking arrangement.
(g)
The following parking standards shall be established for uses within the Downtown-I Zone.
Land Uses | Required Off-Street Parking Spaces |
|---|---|
Banks and savings institutions | 1 per 300 square feet of LFA |
Child-care centers | 1 per 10 children, plus 1 space per staff |
Clubs and fraternal organizations | 1 per 400 square feet GFA |
Eating establishments, restaurants, restaurants with bar | 1 space for each 4 seats |
Funeral home | 1 per 300 square feet GFA |
House of worship | 1 per 4 seats; for benches, 1 seat = 3 feet of linear space |
Medical or dental offices | 1 per 150 square feet of LFA |
Office | 1 per 250 square feet of LFA |
Place of public assembly | 1 per 4 fixed seats or 1 per 75 square feet of floor area, whichever is greater |
Recreational uses (including health clubs) | 1 per 250 square feet GFA |
Retail store, and personal service establishments | 1 per 250 square feet of LFA |
Residential uses | In accordance with RSIS |
Schools Elementary (K through 8) | 2 per classroom; but not less than 1.5 per teacher and staff |
Other uses not provided herein shall be determined by the approving authority |
Notes relating to parking requirements: |
GFA = Gross floor area |
LFA = Leasable floor area |
(h)
Inclusion of any use in the above table does not imply it is a permitted use in the Downtown-I Zone. See the applicable sections of this Code for the enumeration of permitted uses.
(i)
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination. (N.J.A.C. 5:21-4.14d)
(j)
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted. (N.J.A.C. 5:21-4.14e)
(k)
The following standards apply to senior citizen housing. This use is not specifically identified in the State Residential Site Improvement Standards (N.J.A.C. 5:21 et seq): 0.75 spaces for each one-bedroom unit and 1.25 spaces for each two-bedroom unit.
(l)
Applicant shall install make ready equipment for the purpose of charging electronic vehicles as required by state statute or local ordinance.
(2)
Parking spaces for the disabled.
(a)
In any nonresidential parking lot, designated parking spaces for disabled persons shall be required as follows (these spaces shall be considered part of the total number of required spaces):
Required Parking for the Disabled | |
|---|---|
Total Parking Spaces in Lot | Required Number of Parking Spaces for the Disabled |
Up to 25 | 1 |
26 to 100 | 2 |
Over 100 | 2% of total spaces in lot |
(b)
Parking spaces for the disabled shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. Parking spaces for the disabled shall be at least eight feet wide with a five-foot access area located adjacent to the driver's side.
(3)
Parking area design standards.
(a)
Off-street parking lots intended for customer use.
[1]
Aisle width. Provisions shall be made for the safe and adequate circulation of vehicles and pedestrians within and adjoining the subject property. Aisle widths providing direct access to individual parking stalls designated for customer use shall be in accordance with the standards established in the table below. Only one-way traffic shall be permitted in aisles of less than 24 feet in width.
Minimum Aisle Width | ||
|---|---|---|
Parking Angle | Minimum Aisle Width (feet) | |
One-Way | Two-Way | |
0° (parallel parking) | 12 | 24 |
30° | 15 | N/A |
45° | 18 | N/A |
60° | 20 | N/A |
90° (perpendicular parking) | 22 | 24 |
(b)
Parking stall dimensions.
[1]
Parking stalls shall dimension nine feet by 18 feet with a paved area of 162 square feet, provided that parking stalls within lots which contain retail uses utilizing shopping carts shall be 10 feet by 20 feet.
[2]
Two feet of the parking area may be a pervious overhang, but same shall not be included in any required parking setback, buffer or green area.
[3]
Parallel parking stalls shall be eight feet by 19 feet or 46 feet in tandem.
(4)
Circulation within parking area designed and intended to be utilized by customers and clients of an establishment.
(a)
All parking spaces shall be designed free and clear of any obstruction to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or a parking space directly into the public right-of-way or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators or other similar locations.
(c)
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
(5)
Off-street parking lots intended for employees only.
(a)
The Borough recognizes and encourages the continued use of small parking areas typically behind stores that are primarily intended to serve the parking needs of employees and the store's loading needs. As such, for employee parking areas of no more than six vehicles (which can be parking in a tandem design), the standards otherwise applicable both to parking stall dimension requirements and to parking lot design are exempt from the standards detailed above. Employee parking must be in one general location and must allow for emergency vehicle access.
L.
Off-street parking standards in the Downtown-II Zone.
[Added 9-19-2012 by Ord. No. 12-Code-673; amended 8-16-2023 by Ord. No. 23-Code-926]
(1)
Standards.
(a)
All off-street parking areas shall be surfaced with an asphalt, bituminous, or cement binder pavement which shall be graded and drained to an approved stormwater management facility.
(b)
All lighting in connection with off-street parking shall be so arranged and fully shielded as to reflect the light downward away from all adjoining streets and dwellings. Each applicant shall demonstrate sufficient lighting controls are implemented to reduce sky glow and control glare from the property. The use of total-cutoff fixtures are encouraged to achieve these requirements.
(c)
Off-street parking facilities may be placed in a side or rear yard or a combination of the two yards.
(d)
Aisle width. Provision shall be made for safe and adequate circulation of vehicles and pedestrians between, within and adjoining the subject property.
(e)
Location of driveways. All entrance and exit driveways to a public or private street shall be located so as to afford maximum safety to said roadway, to provide for safe and convenient ingress and to minimize conflict with the free flow of pedestrian traffic.
(f)
The Borough encourages the consolidation and sharing of off-street parking among and between different properties. The Borough's intention is for developers to provide adequate parking in safe and convenient locations without providing an oversupply of parking. Applicants shall demonstrate through competent testimony and professional reports the sufficiency of the shared parking for all properties under consideration. When proposing shared parking, applicants shall demonstrate to the board attorney that sufficient legal protections are established for the long-term viability and maintenance of the shared parking arrangement.
(g)
The following parking standards shall be established for uses within the Downtown-II Zone:
Land Uses | Required Off-Street Parking Spaces |
|---|---|
Banks, savings and financial institutions | 1 per 300 square feet of LFA |
Child-care centers | 1 per 10 children, plus 1 space per staff |
Clubs and fraternal organizations | 1 per 400 square feet GFA |
Eating establishments, restaurants, restaurants with bar | 1 space for each 4 seats |
Funeral home | 1 per 300 square feet GFA |
House of worship | 1 per 4 seats; for benches, 1 seat = 3 feet of linear space |
Medical or dental offices | 1 per 150 square feet of LFA |
Office | 1 per 250 square feet of LFA |
Place of public assembly | 1 per 4 fixed seats or 1 per 75 square feet of floor area, whichever is greater |
Recreational uses (including health clubs) | 1 per 250 square feet GFA |
Retail store, and personal service establishments | 1 per 250 square feet of LFA |
Residential uses | In accordance with RSIS |
Other uses not provided herein shall be determined by the approving authority |
Notes Relating to Parking Requirements: |
GFA = Gross floor area |
LFA = Leasable floor area |
(h)
The inclusion of any use in the above table does not imply it is a permitted use in the Downtown-II Zone. See the applicable sections of this code for the enumeration of permitted uses.
(i)
A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination. (N.J.A.C. 5:21-4.14d)
(j)
When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted. (N.J.A.C. 5:21-4.14e)
(2)
Parking spaces for the disabled.
(a)
In every nonresidential parking lot, designated parking spaces for disabled persons shall be required as follows (these spaces shall be considered part of the total number of required spaces):
Required Parking for the Disabled | |
|---|---|
Total Parking Spaces in Lot | Required Number of Parking Spaces for the Disabled |
Up to 25 | 1 |
26 to 100 | 2 |
Over 100 | 2% of total spaces in lot |
(b)
Parking spaces for the disabled shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. Parking spaces for the disabled shall be at least eight feet wide with a five-foot access area located adjacent to the driver's side.
(3)
Parking area design standards.
(a)
Off-street parking lots intended for customer use.
[1]
Aisle width. Provisions shall be made for the safe and adequate circulation of vehicles and pedestrians within and adjoining the subject property. Aisle widths providing direct access to individual parking stalls designated for customer use shall be in accordance with the standards in Table 3. Only one-way traffic shall be permitted in aisles of less than 24 feet in width.
Minimum Aisle Width | ||
|---|---|---|
Parking Angle | Minimum Aisle Width (feet) | |
One-Way | Two-Way | |
0° (parallel parking) | 12 | 24 |
30° | 15 | N/A |
45° | 18 | N/A |
60° | 20 | N/A |
90° (perpendicular parking) | 22 | 24 |
(b)
Parking stall dimensions.
[1]
Parking stalls shall dimension nine feet by 18 feet with a paved area of 162 square feet, provided that parking stalls within lots which contain retail uses utilizing shopping carts shall be 10 feet by 20 feet.
[2]
Two feet of the parking area may be a pervious overhang, but same shall not be included in any required parking setback, buffer or green area.
[3]
Parallel parking stalls shall be eight feet by 19 feet or 46 feet in tandem.
(4)
Circulation within parking area designed and intended to be utilized by customers and clients of an establishment.
(a)
All parking spaces shall be designed free and clear of any obstruction to individual parking stalls.
(b)
Parking spaces shall be located in such a fashion as to permit all vehicles to exit in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway directly into the public right-of-way or otherwise block the free movement of traffic within the parking area or specific points of safety control, such as fire hydrants, doorways, elevators, or other similar locations.
(c)
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separated from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.