Oaklyn City Zoning Code
ARTICLE IX
A NB-1 Neighborhood Business District
§ 125-45.1 Purpose.
The purpose of the NB-1 District shall be to encourage the development and redevelopment of personal service and retain establishments at a pedestrian level scale. The district is centrally located within adjoining populous residential areas of the Borough. Types of establishments within the NB-1 District shall be intended to draw from this existing base, as well as to be attractive to passing vehicular traffic along Clinton Avenue (County Route No. 649). The functional class of Clinton Avenue is deemed Urban Collector by the N.J.D.O.T. and, as such, has the potential to provide a substantial customer base.
§ 125-45.2 Permitted uses.
The following principal uses shall be permitted in the NB-1 District:
A.
Antique shops (display of merchandise outside of the building prohibited);
B.
Personal service establishments requiring licensure under New Jersey Statutes Title 45 including barber shops, beauty salons, optometrists and ophthalmic dispensers, chiropractic offices;
C.
Clothing and sporting goods stores;
D.
Gift, card and floral shops;
E.
Bookstores, stationery stores, jewelry stores and watch repairing;
F.
Dry cleaning, tailoring and shoe repair;
G.
Photographer's and artist's studios including picture framing;
H.
Musical instrument stores or studios, including the retail sales of recordings and tapes, and a performance studio for music and dance;
I.
Real estate sales and appraisal services;
J.
Home electronics sales and service, including those focused on computers, televisions, cellular phones, home audio equipment, gaming systems and security systems;
K.
Restaurants offering on-premises seating for patrons and without drive-through service;
L.
Bakery or confectionary shops for retail sales;
M.
Specialty food markets and delicatessens including those offering meats, cheeses, spices, seafood and ethnic specialties; and
N.
Second-story-only residential occupation. No storefront residential uses shall be permitted.
O.
Public parks suited for pedestrian access and use with passive amenities such as walkways, benches, lighting and trash receptacles.
[Added 7-12-2016 by Ord. No. 8-16]
P.
Two-story single-family detached residential dwelling units without a commercial business component.
[Added 7-12-2016 by Ord. No. 8-16]
§ 125-45.3 Prohibited uses.
The following uses are specifically prohibited in keeping with the intent and purpose of the NB-1 District as outlined in § 125-45.1, above.
A.
Automotive sales, repair, fueling and service facilities;
B.
Welding, metal fabrication or machine shops;
C.
Recycling facilities;
D.
Warehousing or storage facilities;
E.
Any business which provides services commonly referred to as "body art," including but not limited to tattooing, intentional body mutilations and/or body adornments, intentional branding or scarring, or the like;
F.
Junkyards;
G.
Adult bookstores;
H.
Amusement establishments including billiard parlors, bowling alleys, arcade and game rooms;
I.
Contracting businesses, including those of plumbers, electricians, carpenters, home remodelers, roofers, exterminators and others requiring storage of bulky materials and the use of commercial, multiple vehicle fleets to conduct their business; and
J.
The conversion of the first floor of storefront buildings into any type of residential use.
§ 125-45.4 Off-street parking.
A.
The intent of the NB-1 Zone is to encourage a pedestrian-oriented environment. As such, it is anticipated that public parking, facilities currently provided by the Borough of Oaklyn and located on Block 17, Lot 1, will be utilized by patrons of the NB-1 businesses. On-street parking is available throughout the entire West Clinton Avenue corridor within the limits of the NB-1 District.
§ 125-45.5 Area and bulk requirements.
§ 125-45.6 Conditional uses.
[Added 8-9-2022 by Ord. No. 12-22; amended 10-14-2025 by Ord. No. 19-25]
The following conditional uses shall be permitted in the NB-1 Neighborhood District in the Zoning Code of the Borough of Oaklyn and appropriate conditional use applications shall be required in addition to the permit provided for hereunder:
A.
Outdoor cafes.
(1)
Requirement of license.
(a)
Application for license. Application for the license required hereinafter shall be made to the Borough and shall be signed by the applicant. The application shall contain the following information: name, residence address, name and description of business, business telephone number, and telephone number of each individual owner and/or partner. The address and description of each place where the applicant intends to establish outdoor seating/cafe. Two sets of proposed layout plan containing drawings clearly illustrating the number, type of materials, color and location of all tables, chairs, benches, umbrellas or other furnishings or fixtures intended to be located in the outdoor cafe. Drawings must be accurately drawn to scale and must provide dimensions of tables, chairs, the space between tables, clear space between the backs of chairs when they are in the in-use (customer-seated) position and the distance from the curbline and the nearest seat or table. There shall be a fee of $50 for the making of this application.
(b)
No license shall be issued hereunder unless the applicant demonstrates that a minimum of five feet between the curbline of the public street and the edges of chairs or tables will be available for pedestrian traffic around such outdoor seating, and that such outdoor seating will be directly in front of a "commercial establishment" as hereinafter defined as eating establishments. The application shall satisfy all of the following conditions:
[1]
No food or drinks served at such cafe seating shall be prepared or stored other than in the interior of the establishment.
[2]
The term "directly in front of" shall confine the outdoor cafe to the area represented by an extension of each side of the building occupied by the commercial establishment projected directly to the curbline immediately in front. For businesses occupying corner properties and having frontage on two public streets, table seating shall be permitted on both street frontages, if all dimensional requirements specified herein are satisfied.
[3]
The seating to be provided may consist of small cafe-style tables having a maximum area of 720 square inches (five square feet) for rectangular tables and a maximum diameter for round tables of 24 inches and having an area of 3.14 square feet. There shall be two chairs per table or benches that comply with the provisions of this article.
[4]
All tables and chairs must be constructed of material of sufficient weight so as to not be affected by high winds.
[5]
Any doors leading from the commercial establishment to the outdoor cafe may not be obstructed in any matter. All delineated handicap accessible routes between the adjoining street in front of an eating establishment and the restaurant entrance must remain unobstructed and cannot in any way be dimensionally altered or relocated.
[6]
As stated in Subsection A(1)(b) above, there shall be a minimum of five feet of unobstructed space between the edges of tables and seats being provided by the eating establishment and the curbline of the street to permit free passage of pedestrian sidewalk traffic around all outdoor seating. The backs of opposing seats (seats that are facing different tables) shall have a minimum space of 24 inches between them, when customers are in the seated position.
[7]
The location, height and illumination values, measured in footcandles, for any proposed outdoor lighting and fixtures. Sufficient illumination of outdoor eating areas and the associated pedestrian sidewalk of a minimum of one footcandle must be demonstrated. Applicants may include the lighting values of existing ambient lighting in their documentation of the one-footcandle minimum.
[8]
The location of handicap ramps, trees, trash cans, canopies, utility poles, signs and any other objects located in the sidewalk area potentially affecting the proposed use for outdoor dining or potentially impeding pedestrian traffic within the required five-foot-wide clear area as measured from the curbline.
[9]
Any alteration, construction, rehabilitation and/or repair shall be done consistent with the applicable construction codes and fire codes promulgated by the State of New Jersey.
[10]
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") to create establish operate, maintain or otherwise be engaged in the business of conducting an outdoor cafe or provide outdoor seating upon the sidewalks of the Borough of Oaklyn, or on private property, unless such person shall hold a currently valid Borough license issued pursuant to the terms of this section.
[11]
To ensure accessibility and inclusivity, the guidelines as set forth in the Americans with Disabilities Act ("ADA"),[1] a copy of which being available at the office of the Borough Clerk during regular business hours, are incorporated herein and made a part of this section.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[12]
Planters. Planters shall have a minimum height of 28 inches and a maximum height of 60 inches (planter and plant). Planters shall be stable and weather resistant to avoid shifting or toppling over, especially in high winds. Additionally:
[a]
All planters shall be used exclusively for ornamental purposes. Vegetable gardens or other types of edible plantings are prohibited.
[b]
All plants and decorative elements must be contained within designated planters and containers. No plant material, soil, or decorative elements shall extend beyond the boundaries of the container or designated space.
[c]
Any lighting installed within or around a planter must be solar-powered and contained within the planter area. Electrical lighting systems or wiring are strictly prohibited in or near planters to maintain safety and sustainability.
[d]
No advertising, commercial signage, or promotional materials shall be displayed on, within, or attached to any planter or decorative container. Planters and garden elements must remain free of any business logos, message, or advertisements, ensuring that the aesthetic integrity of the garden space is maintained.
(c)
Issuance of license. If the application complies with the requirements of this section, the Borough Council shall review the application for final approval and license. All mercantile and food handling license must be current.
[1]
Zoning officer review application. Zoning official will review the application for completeness and compliance with the terms of this section. If the application is complete, the zoning officer will forward the application to Borough Council within 10 business days after the application is deemed to be complete.
[2]
The license is personal to the applicant; any change of ownership of outdoor seating will require a new application and license.
(d)
Revocation of license.
[1]
Any license issued pursuant to this article may be revoked by the Borough Clerk or her designee for any of the following causes:
[a]
Any fraud, misrepresentation or false statements contained in the application for license;
[b]
Any fraud, misrepresentation or false statements made in connection with the selling of goods, wares or merchandise;
[c]
Any violation of this section; and
[d]
Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
[2]
An appeal from any such revocation may be made to the Borough Administrator within 10 days of the date of the revocation who shall forthwith schedule a hearing on the appeal. The Borough Administrator shall render a decision within two days after completion of the hearing. Thereafter, any aggrieved party may appeal the decision of the Borough Administrator to the Borough Council by filing a notice of appeal with the Borough Clerk within seven days of the date of appeal. The Borough Council shall hear such appeal and render its decision within 45 days.
(e)
General provisions.
[1]
Cleanliness of area. Each licensee is responsible for keeping the area of the outdoor cafe seating and adjacent sidewalks and streets free and clear of debris. Areas must be cleaned as needed and at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.
[2]
Vending machines. No vending machines of any kind are permitted on the exterior of any building.
[3]
Signs. No signs shall be permitted in the area of the outdoor cafe seating unless the signs comply with Borough Sign Ordinance.
[4]
Outdoor equipment. No tables, chairs, benches or other equipment used in the outdoor cafe shall be attached, chained or in any manner affixed to any tree, sign, post curb or sidewalk. All equipment, tables, chairs, umbrellas and the like, pertaining to the outdoor seating area, shall be removed at the end of each and every evening and secured within the confines of the building.
[5]
No equipment, tables, chairs or other material of any kind shall be permitted to remain outdoors during hours in which the business is not open to the public and operating. Preferred location of the outdoor equipment is against the building, so the pedestrian traffic flows between the outdoor equipment and the curb.
[6]
The licensee shall executed an agreement with the Borough, in a form holding the Borough harmless from any and all claims or causes of action against Borough that may arise as a result of the use of property owned by the Borough by it and/or its agents, servants and/or employees, and/or its business invitees, and shall name the Borough as an additional insured on a policy of general liability insurance in an amount not less than $1,000,000. Proof of insurance shall be submitted annually on or before March 1 of the calendar year.
[7]
A revised application under § 125-45.6A(1)(a) shall be required if there is a change in the plan which was originally submitted with the application by the owner of the subject property, or if there is a change of ownership of the subject property.