Oakland City Zoning Code
§ 59-49
Residential zones.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
A.
Permitted uses. Within the RA-1, RA-2, RA-3 and RA-4 Residential Zones, only the following uses are permitted on one lot of required size:
[Amended 7-11-2007 by Ord. No. 07-Code-556; 10-24-2007 by Ord. No. 07-Code-560]
B.
The following are accessory uses:
(1)
A private garage for not more than four cars, boathouse, stable for horses or as hereinafter permitted, greenhouse, barn, silo, tool shed or swimming pool.
(2)
A home occupation, professional use.
(4)
The keeping of dogs, cats, birds or other usual household pets.
(6)
No accessory building in a residential zone may be used for residential purposes, and in a business zone, no building accessory to a building used for a business shall be used for any residential purpose.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
(7)
The housing or keeping of chickens in a residential zone for personal use is permitted subject to the following regulations:
[Amended 5-26-2021 by Ord. No. 21-Code-826]
(a)
No person shall keep a rooster male chicken.
(b)
A person who rents the property where chickens are proposed to be kept or maintained shall receive written permission from the owner of the property.
(c)
No chickens or by-products are to be sold or commercially distributed.
(d)
Chickens shall be kept in a roofed shelter or coop, which shall provide a minimum of three horizontal square feet per adult bird and, if a fully enclosed fenced chicken run is provided, a minimum of five square feet per adult bird.
(e)
Chickens are not permitted to roam freely unless they are in a contained area such as a fenced-in area.
(f)
A chicken shelter/coop and chicken run are only permitted in the rear yard, and the chicken shelter/coop shall comply with the accessory structure setbacks in accordance with Schedule B and C of the Land Use and Zoning Code.
(g)
The fenced-in chicken run shall be well drained so that there is no accumulation of standing water. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly.
(h)
If, for any reason, an applicant no longer keeps and raises chickens, they shall be removed from the property in a humane manner.
(i)
Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices.
(8)
Solar energy systems. Such systems may be installed only as a use accessory to a permitted principal use. Solar energy systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as freestanding structures such as above a parking area.
[Added 5-22-2013 by Ord. No. 13-Code-685]
C.
A trailer may be used on a temporary basis when the same is designed as a temporary construction office by the contractor constructing a dwelling on the lot and such use may be continued until a certificate of occupancy is issued. Where a trailer is used for such purpose for the construction of more than one home in a subdivision, it may be used until the completion of a model home. A trailer or mobile home may also be used under the provisions set forth in § 99-3 of the Code of the Borough of Oakland whenever a home in the Borough of Oakland shall be partially destroyed by fire, flood or other disaster to the extent that said home is not habitable for a period of time until certain necessary repairs are made thereto, and the owners of said property who were residing therein at the time of such disaster intend to make immediate repairs to the same and so advise the Building Subcode Official and Borough Clerk by letter and the Building Subcode Official is authorized to issue a temporary certificate of occupancy to said owners for a period not in excess of four months for the erection of a mobile home or trailer on said property at a location to be approved by the Building Subcode Official in conjunction with the Board of Health so that the location is not in any way detrimental to adjoining properties nor obstructs the street or sidewalk or other necessary safety precautions, provided that said mobile home or trailer complies in all respects with the requirements of the Board of Health with respect to the connection of septic systems and other utilities required for habitation therein. During such period of time as such temporary certificate of occupancy shall be issued and remain in effect, the owners of said property residing in said mobile home or trailer shall not be considered to be in violation of this chapter or Section 99-3 of the Code of the Borough of Oakland.
D.
Conditional uses in residential zones. Within the RA-1, RA-2 and RA-3 Residential Zones the following are designated as conditional uses and as permitted uses in all other zones in accordance with the special requirements for conditional uses enumerated in § 59-65 hereof.
(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, signs.