Oakland City Zoning Code
§ 59-65
Conditional uses in residential zones.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Within the RA-1, RA-2 and RA-3 Residential Zones, the following are designated as conditional uses and as principal uses in all other zones:
(1)
Churches and similar places of worship, including accessory buildings incidental thereto.
(2)
A public or parochial, elementary, junior high or high school offering courses in general instruction or having a curriculum approximately the same as ordinarily given in public schools.
(3)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(4)
Libraries museums, art galleries, municipal parks, municipal playgrounds and municipal beaches.
(5)
(Reserved)
[Repealed 10-21-1998 by Ord. No. 98-Code-356]
(6)
A nonprofit lodge or fraternal organization in the B-1 Zone only, provided that the same conforms to all other provisions concerning the use of said structures as set forth in this chapter and other governmental codes and ordinances, i.e., parking, noises and signs.
B.
Special requirements for conditional uses.
(1)
Issuance of zoning permits for conditional uses.
(a)
No zoning permit shall be issued for the erection or expansion of any conditional use until the plans and use therefor have been approved by the Planning Board. The Planning Board of the Borough of Oakland, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Land Use and Zoning Ordinance of the Borough of Oakland, as amended and supplemented, shall grant or deny an application for a conditional use in accordance with the procedures established therein and upon compliance with the requirements as hereinafter set forth.
(b)
The review by the Planning Board of a conditional use shall include site plan review pursuant to the Subdivision and Site Plan Review Article of this chapter, as amended and supplemented, and shall take the form of a full site plan review. In its review the Planning Board shall consider:
[1]
The suitability of such use of the proposed site in relation to its surroundings.
[2]
The conformity of the proposal to the requirements herein contained.
[3]
The recommendation of the Fire Prevention Bureau, Environmental Commission, the Shade Tree Commission and such other agencies as may be specified by the Planning Board.
(c)
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Planning Board or within such further time as consented to by the applicant. This time period on conditional uses shall also apply to site plan review in such cases.
(2)
Controlling requirements. The following requirements are hereby established controlling conditional uses, and conditional uses may be permitted in residential zones provided that all the requirements of this section are met as follows:
(a)
Access. The principal access of a proposed conditional use shall be from an arterial or collector street as defined in the Master Plan of the Borough of Oakland.
(b)
Location. The lot upon which a proposed conditional use is to be located must be a minimum distance of 1,000 feet from any of the lots upon which there is located a hospital, sanitorium, nursing home, church or other similar place of worship, including accessory buildings incidental thereto, public or private college or university, library, public school or private school having a curriculum approximately the same as ordinarily given in public schools or other similar places of public assembly; provided, however, that if the lots from on different streets, the minimum distance of 1,000 feet between lots shall be measured by the shortest route along the public streets upon which each lot fronts.
(c)
Design. The proposed conditional use shall be designed in accordance with the standards and principals set forth in the Subdivision and Site Plan Review Article of this chapter.
(d)
Landscaping; open space; design standards; improvements; and miscellaneous requirements. The proposed conditional uses shall meet all the requirements for landscaping, open space, design standards, improvements and all other requirements of this chapter of the Code of the Borough of Oakland.
(e)
Off-street parking.
[1]
As to auditoriums, other places of public or semipublic assembly and club uses, see § 59-61F(4).
[3]
As to nursing homes, off-street parking shall be provided in a minimum of one space for every two beds. Additional spaces as may be determined necessary by experience of operation for a period of three years may be required by the Planning Board within such period. Security to insure performance of the construction of such additional parking spaces shall be provided in the form deemed sufficient by the Planning Board.
(3)
Special dimensional requirements for conditional uses. In addition to the general requirements enumerated in Subsection B(2), the following special dimensional requirements for conditional uses shall be established:
(b)
Public schools and private schools:
[1]
Minimum lot area:
[a]
Primary schools: 10 acres, plus an additional acre for each 100 pupils of predicted ultimate maximum enrollment.
[b]
Junior high schools: 20 acres, plus an additional acre for each 100 pupils of predicted ultimate maximum enrollment.
[c]
High schools: 30 acres, plus an additional acre for each 100 pupils of predicted ultimate maximum enrollment.
[3]
Maximum building coverage of lot: 20%.
(c)
Public or private colleges and universities:
(d)
Hospital, sanitoriums and nursing homes:
(e)
In addition to Subsection B(3)(d) above, the following additional requirements shall apply to all hospitals, sanitoriums and nursing homes:
[1]
Area and bulk:
[a]
Minimum lot width: 450 feet at the setback line.
[b]
Minimum lot depth: 450 feet.
[c]
Maximum building height: two stories, but not more than 35 feet, to be computed at the grade level of the building line.
[d]
Roofs. No flat roofs shall be permitted. Mansard roofs shall not be considered a flat roof.
[2]
Screening and landscaping. The lots shall be in harmony with the character of the borough. All service areas, off-street parking areas and open terraces and walls used by the patients shall be screened from view beyond the lot lines. The lot shall be so landscaped as to provide a natural buffer strip with a width of not less than 50 feet around the periphery of the site and all areas where the same is adjacent to the residential property. If possible, all the natural life shall be left in its original condition within said buffer strip. 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 any other reason as shall be permitted on the application, such strip shall be landscaped with plants, trees, shrubs and grass as required by the Planning Board. Such strip shall remain unobstructed, except that the same may be traversed by access roads, except for the front portion of the site.
[3]
Building.
[a]
The building plans shall, in all respects, comply with the standards set forth in the United States Department of Health and Human Services, Public Health Service Publication No. 930-A-7, Revision of February 1969, as the same pertains to facilities for nursing homes; and the Oakland Building Code; and the current edition of the State Uniform Construction Code and the State Uniform Fire Prevention Code.
[b]
In addition to the standards set forth in Subsection B(3)(e)[3][a] above, the building plans shall not be approved or a certificate of occupancy issued until such plans shall first be approved by the New Jersey Department of Institutions and Agencies and/or such other board or agency of the State of New Jersey that the State of New Jersey may require in order to receive its approval for the construction and operation of nursing homes.
[c]
The building shall be so designed so as to provide an auxiliary source of electric power which shall be designed to provide power during any power failures.
[d]
Each bedroom for patients shall have a minimum floor area of 120 square feet for each patient, exclusive of closets.
[4]
Whenever there shall be a conflict in any of these standards as they relate to nursing homes, the strictest standard shall apply.
[5]
Operation. The operation of a nursing home shall be conducted at all times in keeping with the residential character of the Borough of Oakland. No visiting hours for patients shall be permitted before 9:00 a.m. or after 8:00 p.m., prevailing time. Patients shall only be admitted to or discharged from the nursing home between the hours of 9:00 a.m. and 8:00 p.m., prevailing time, except in cases of extreme emergency.