Oakland City Zoning Code
§ 59-66.2
Affordable Housing 2.
[Added 3-6-1991 by Ord. No. 91-Code-216]
A.
Purpose. The purpose of this Zone is to implement the terms of a July 8, 2020, memorandum of understanding by amending and revising an affordable housing zone known as the "AH-2 Zone" with the standards and requirements as detailed herein for the tract of land situate in the Borough known as "Block 3001, Lots 1, 4, 15 and 18," as shown on the Tax Maps of the Borough of Oakland, to permit the construction of an inclusionary residential development. The total number of dwelling units to be constructed in this Zone shall not exceed 204, of which 27 shall be deed restricted affordable dwellings. Included in the 27 deed restricted affordable dwellings units will be 18 for-sale dwellings and nine family rental dwellings. No construction permit shall be issued for a building in this district until and unless a site plan application has been submitted and approved pursuant to this chapter. No building construction shall commence and no certificate of occupancy shall be issued until and unless the building owner has been issued a valid New Jersey Department of Environmental Protection treatment works approval permit and the building is physically connected to, through approved plumbing connections, a sanitary sewer treatment facility and the building owner has been issued all necessary permits for the sewer connection.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
(1)
An AH-2 Affordable Housing 2 Overlay Zoning District is established for a portion of block 3102, lot 3, (approximately 5.40 acres) to be incorporated and become a part of block 3102, lot 1.
[Added 2-22-2006 by Ord. No. 06-Code-521]
B.
Definitions. For the purpose of interpretation and implementation of this section, the following words and terms shall have the definitions provided. All other words and terms in this section shall have the definitions as provided herein:
(1)
BEDROOM — A room for sleeping. Each townhouse unit shall have at least one bedroom with a minimum area of 150 square feet and the other bedroom shall contain a minimum area of 120 square feet.
(2)
COMMON OPEN SPACE — Means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
(3)
BUILDING COVERAGE — The percentage of the property that is occupied by a building's footprint or structure, including all roof areas.
(4)
TOTAL SITE COVERAGE — The percentage of gross development site area occupied by structures and all uncovered impervious surfaces such as parking spaces, driveways and walkways.
(5)
ROADWAY — The common circulation facility serving a cluster of buildings and or parking areas in the affordable housing zone.
(6)
DRIVEWAY — The area providing direct access to one or more parking areas or garages linking said parking areas or garages to a common roadway circulation element.
(7)
PARKING STALL — An accommodation of the off-street parking of a motor vehicle of not less than 162 square feet per vehicle exclusive of access drives or aisles and which shall be a minimum of nine feet in width measured perpendicular to the axis of the length with adequate provision for ingress and egress, except as provided for handicapped persons parking spaces which shall measure 12 feet in width and 18 feet in length.
(8)
GROSS DEVELOPMENT SITE AREA — The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
(9)
TOWNHOUSE — A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls, separate and apart, each having direct access to the outside and the street without use of a common hall, or passageway.
(10)
MINIMUM HABITABLE FLOOR AREA — The finished area of a dwelling unit that is enclosed by the inside surfaces of walls and windows in accordance with the standards established in the BOCA building code requirements of the Borough of Oakland.
(11)
ACTIVE RECREATION AREA — A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that the said areas may be improved with building structures and facilities incidental to the recreation use.
(12)
MULTIPLE FAMILY DEVELOPMENT — An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory or public or quasi-public uses all primarily for the benefit of the residential development.
(13)
ZERO LOT LINE — A free-standing building on one lot serving one family, with a wall of the building located on a side property line. The side or rear yards may be closed to form common walls, open court yards, or patios for each dwelling.
C.
Permitted uses. No building or structure shall be erected for any purpose other than as follows:
D.
Accessory uses. Any use which is subordinate, but related and customarily incidental to the principal permitted uses as follows:
(1)
Signs as otherwise regulated in the borough ordinances.
(2)
Noncommercial swimming pools, tennis courts, club-houses and other indoor/outdoor recreational facilities for the project.
(3)
Private garages and off-street parking for private vehicles in structures containing capacity for no more than two cars.
(4)
Public and private utility service facilities including water supply, sewage treatment, gas, electric, telephone and cable services and drainage facilities.
(5)
Gazebos.
(6)
Fences and walls at heights as regulated by the relevant borough ordinance.
(7)
Temporary construction trailers as regulated by the relevant borough ordinance.
E.
Maximum number of dwelling units shall not exceed 204 dwellings. Thirteen and one-half percent of the total number of dwellings units shall be reserved for very-low-, low- and moderate-income households. Bedroom distribution among affordable dwelling units shall be in strict compliance with the Uniform Housing Affordability Controls. In addition, these affordable dwellings shall be affirmatively marketed, and deed restricted in accordance with applicable provisions contained with the Uniform Housing Affordability Controls and/or Chapter 93 of the Substantive Rules of the New Jersey Council on Affordable Housing. In addition to constructing no less than 27 affordable and deed-restricted dwellings, the developer shall make a contribution to Oakland’s Affordable Housing Trust Fund as detailed in the m,emorandum of understanding referenced above.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
F.
Nine family rental dwellings shall be constructed on the property. These units may be contained in a multifamily-style residential building which may, at the discretion of the developer, also contain some or all of the for-sale affordable dwelling units. These dwellings shall be designed to fully conform with the memorandum of understanding signed between the Borough of Oakland and Bi-County Development, Inc., and the declaratory judgement settlement agreement, IMO Docket No. BER-L-6359- 15, as well as Oakland’s Affordable Housing Ordinance.
[Amended 6-23-2021 by Ord. No. 21-Code-843]
G.
Area, bulk and yard requirements.
(1)
Minimum tract area 75 acres.
(2)
Minimum tract frontage along a county or municipal road 300 feet.
(3)
Average setback from all tract boundaries 50 feet.
(a)
A variance from the Planning Board shall be required if setbacks from all tract boundaries average less than 50 feet.
(b)
In applications for multiple sections or phases, the building setbacks on each section shall be determined in relation to only those boundaries which are at the exterior of the entire tract. Boundaries which one section or phase may share with another and which are internal to the tract do not have setback requirements for the purposes of this section.
(c)
Applications for multiple sections or phases may average building setbacks with any other section or phase of the development.
(d)
Individual buildings shall be set back from tract boundaries a minimum of 50 feet. Planning Board approval for individual building setbacks of less than 50 feet, if requested, shall be by variance. Land located within the fifty-foot tract boundary setback may be used for calculations of rear and side (but not front) yard setbacks as set forth herein.
(e)
Roads and driveways (except driveways to single-family detached, townhouses and zero lot line houses) may be located within the tract setback area so long as a twenty-five-foot setback is retained as a minimum.
(f)
Detention or retention basins may be located within the tract setback area so long as a twenty-five-foot setback is retained at a minimum.
(g)
For the purposes of construction of roads and driveways located within the tract setback as set forth above or roads, driveways and/or structures located outside of the buffer, portions of the buffer may be cleared in the discretion of the Planning Board which shall not be unreasonably withheld. Further, the Planning Board may require increased screening and/or landscaping in its reasonable discretion.
(5)
Accessory buildings with the exception of private garages servicing individual units (which shall be governed by the setback standards for the principal use):
H.
Residential unit standards.
(1)
Single family detached dwelling units:
(a)
Minimum lot area: 4,000 square feet.
(b)
Minimum lot frontage: 40 feet.
(c)
Minimum lot depth: 60 feet.
(e)
Maximum building height: 35 feet 3 levels (excluding habitable attics where provided).
[1]
The height shall be measured from the average (lowest and highest) finished grade around the perimeter of the building to the average height of the roof (the average height between the peak of the roof and the eaves for a pitched roof).
[2]
In a situation where the basement is partially exposed with two stories above, the unit may also have a habitable attic. Thus, a building may contain no more than three levels including a basement, two living levels and, where provided, a habitable attic. Where a habitable attic is provided, it shall count as an additional bedroom for purposes of determining the required number of parking spaces for the units.
(f)
Maximum building coverage: 45%.
(g)
Maximum lot coverage (excluding sidewalks along the frontage but including walkways to and around the structure): 60%.
(2)
Zero lot line dwelling units:
(a)
Minimum lot area: 3,500 square feet.
(b)
Minimum lot frontage: 35 feet.
(c)
Minimum lot depth: 50 feet.
(d)
Minimum yards.
[1]
Front: 15 feet.
[2]
Distance between the front of the principal wall of buildings facing each other on opposite sides of the street: 60 feet.
[3]
Side. The side yard may be zero on one side of the lot provided that the opposite side yard setback is not less than 12 feet and, in any event, at least one side yard provided with a minimum of 10 feet.
[4]
Rear: 20 feet.
(e)
Maximum building height - See subsection 59-66.2H(1)(e)1 and 2.
(f)
Maximum building coverage: 50%.
(g)
Maximum lot coverage (excluding sidewalks along the frontage but including walkways to and around structures elsewhere on the lot): 65%.
(3)
Townhouse dwelling units:
(a)
Minimum lot area: 1,600 square feet.
(b)
Minimum lot frontage: 18 feet.
(c)
Minimum lot depth: 50 feet.
(d)
Minimum yards.
[1]
Front (from edge of roadway): 15 feet.
[2]
Distance between the front of the principal wall of buildings facing each other on opposite sides of a street: 60 feet.
[3]
Side. The side yard may be zero unless the unit is on the end of a building in which case the average yard must be at least eight feet. The minimum distance between buildings must be at least 12 feet.
[4]
Rear: 20 feet.
(e)
Maximum building height - See subsection 59-66.2H(1)(e)1 and 2.
(f)
No limitation is placed on building and/or lot coverage for townhouses, provided the entire PUD development otherwise complies with the section for maximum lot coverage and impervious lot coverage. See Section 59-62.2(G)(6)(a) and (b).
(g)
Maximum number of units per building.
All townhouse units: 6 units
Combination of townhouse and condominium units: 8 units
(h)
Maximum building length: 150 feet.
(i)
Maximum break required in horizontal alignment: 4 feet.
(j)
Maximum number of townhouse units before required horizontal break: 2 units.
(4)
Multi-family condominiums or apartments (including, but not limited to, age-restricted units):
(a)
Maximum building height - See subsection 59-66.2H(1)(e)1 and 2.
(b)
Minimum building setbacks (from edge of roadway): 15 feet.
(c)
Distance between the front of the principal wall of buildings facing each other across a street: 60 feet.
(d)
Maximum building length: 150 feet.
(e)
Maximum number of units per building.
Non-age restricted: 27 units
Age restricted: 20 units
[Amended 6-23-2021 by Ord. No. 21-Code-843]
(f)
Minimum distance between buildings: 25 feet.
I.
Off-street parking requirements per dwelling unit shall be as follows:
(1)
Single family detached and zero lot line dwelling units:
(a)
Two and three bedroom units: 2 spaces.
Four and five bedroom units: 3 spaces.
(b)
At least one parking space will be provided in a garage. For purposes of calculating compliance with the section each garage space will count as 0.5 space and each off-street space provided on a driveway will count as 1.0 space.
(4)
Visitor parking: For every three units of townhouse or multi-family condominium or garden apartment dwelling units, one additional parking space shall be provided for visitor parking in off-street lots. Each space shall be nine by 18 feet. Handicapped spaces shall be provided at the reasonable discretion of the Planning Board.
(5)
A setback of 25 feet for that portion of a building which fronts on the driveway is required from the edge of the roadway if the driveway is to be claimed for credit as a parking space.
J.
Circulation requirements.
(1)
Roadway and driveway widths shall be determined as follows:
(a)
Roadway - one way: 16 feet.
(b)
Roadway - two way: 24 feet.
(c)
Driveway - to parking facility for ingress/egress one way: 12 feet.
(d)
Driveway - to parking facility for ingress/egress two way: 20 feet.
(e)
Driveways to single family detached, townhouse and zero lot line houses: 9 feet.
(f)
On-street parking will be permitted on roadways.
(2)
Construction of pavement of all roadways shall conform to the borough standards for public roads.
(3)
Sidewalks shall be located according to the reasonable discretion of the Planning Board.
K.
Development on slopes: The Planning Board shall have the discretion to waive provisions of the Borough Slope ordinance and to permit in an AH2 development the construction of buildings on slopes up to and including 20% so long as no more than 50% of any building encroaches on slopes greater than 15%.
L.
Zoning map change. The zoning map of the Borough of Oakland is hereby amended to place block 31-2, lot 1 and block 31-3, lots 1 and 2 within the Affordable Housing 2 (AH2) zone of the Borough of Oakland.
(1)
The zoning map is amended to include an AH-2 Affordable Housing 2 Overlay Zoning District for a portion of block 3102, lot 3 (which is approximately 5.40 acres). The underlying zoning of block 3102, lot 3 (approximately 3.64 acres) remains the same.
[Added 2-22-2006 by Ord. No. 06-Code-521]
M.
The Affordable Housing 2 Overlay Zoning District for a portion of block 3102, lot 3 shall be an overlay district on the zoning map established in Section 59-66.2L. In the event that block 3102, lot 3 is not developed in accordance with the requirements as established by the AH-2 Affordable Housing Zoning District, the buildings and land uses shall be controlled by the pertinent regulations within the applicable base zoning district and any other regulations that may apply in the Borough of Oakland Land Use and Zoning Ordinance.
[Added 2-22-2006 by Ord. No. 06-Code-521]