For the purpose of implementing this Article of the Land Use and Zoning Ordinance of the Borough of Oakland, the following definitions are to be used with reference to Article
VII hereof only and shall take precedence over and shall be supplemental to those definitions set forth in Article
II of this chapter.
ACCESSORY
The term applied to a building, structure or use which is
customarily clearly incidental or subordinate to the principal building,
structure or use and located on the same lot with such principal building,
structure or use. Any "accessory" building attached to a principal
building shall be deemed a part of the principal building in applying
the bulk regulations of such "accessory" building.
ACCESSORY BUILDING
A subordinate building detached from but located on the same
lot as a principal building. An accessory building derives and adopts
its use characteristics from the principal use to which it is subservient.
[Added 6-26-2013 by Ord.
No. 13-Code-688]
ACCESSORY STRUCTURE
A subordinate structure detached from, but located on the same lot as, a principal building. An accessory structure derives and adopts its use characteristics from the principal use to which it is subservient. HVAC equipment and generators shall not be considered accessory structures for the purpose of measuring setbacks from property lines as they are required to comply with the setback requirements applicable to the principal building for the zone in which the subject property is located. An accessary structure shall not be construed to include a "POD" as defined in Chapter
59, Lane Use and Zoning, Article
II, Word Usage; Definitions, §
59-5, of word usage.
[Added 6-26-2013 by Ord.
No. 13-Code-688; amended 12-5-2018 by Ord. No. 18-Code-777]
ADVERTISEMENT
Single message placed on a sign or sign face, also called
a "display."
[Added 8-22-2018 by Ord.
No. 18-Code-772]
ADVERTISING STRUCTURE
Any rigid or semirigid material, with or without advertisement
displayed thereon, situated upon or attached to real property outdoors,
primarily or principally for the purpose of furnishing a background
or base or support upon which an advertisement may be displayed.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts in the existing facilities or an enlargement,
whether by an extension of a side, an increase in height or a move
from one location or position to another.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and used in communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
APARTMENT
A portion of a building consisting of a room or group of
rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of a building.
APPROVING AUTHORITY
The Planning Board or Zoning Board of Adjustment of the Borough
of Oakland.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
BASEMENT
An area of a building partly underground, but having at least
1/2 of its clear ceiling height above the average finished grade level
at the exterior of the foundation. A "basement" shall be considered
as a story if used for dwelling or business purposes.
BILLBOARD
A structure, including a panel, wall or fence designed or
used for the display of advertisements in public places.
BLOCK
All lots fronting on the same side of a street between and
including two corner lots and bounded by any of the following or any
combination thereof: streets or highways; railroad rights-of-way;
park boundary lines; borough boundary lines; or boundary lines created
by ordinances. All lots fronting on a cul-de-sac shall be construed
as being included in one "block."
BOARDINGHOUSE
A dwelling unit in which more than three and less than 10
persons are housed or lodged for compensation, with or without meals.
A rooming house housing or lodging the same number of persons shall
be deemed a "boardinghouse."
BREWPUB
A commercial establishment operating with and in accordance
with a Restricted Brewery License as defined and regulated by N.J.S.A.
33:1-10.
[Added 10-13-2021 by Ord. No. 21-Code-853]
BUILDING
A structure having a roof supported by columns, posts, piers,
walls or similar structural parts, including tents, lunch wagons,
trailers, dining cars, camp cars or other structures on wheels, or
having other supports and any unroofed platform, terrace or porch
having a vertical face higher than three feet above the level of the
ground from which the height of the "building" is measured which may
be used or intended to be used for the housing, enclosure or shelter
of persons, animals or property of any kind.
BUILDING AREA
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
BUILDING COVERAGE
That percentage of a lot covered by the roof(s) of all principal
and accessory building(s), including roofed over porches and similar
extensions of a building such as decks.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
BUILDING HEIGHT
The height of a building shall be measured from the average
finished grade around the perimeter of the building to the highest
point of the roof surface. The average finished grade shall be measured
at ten-foot intervals, on all sides and immediately adjacent to the
building. Additional grading or berms, with the intent or effect of
reducing the building height, as determined by the Planning Board,
shall not be considered in the computation of the building height.
[Amended 12-28-2001 by Ord. No. 01-Code-426; 9-19-2012 by Ord. No. 12-Code-672]
BUILDING LINE
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
BUILDING PERMIT
A permit issued by the Zoning Enforcement Official prior
to the start of construction, erection or alteration of any building
or other structure or part thereof and prior to the use of any lot
or area of land or part thereof for any purpose, certifying that such
building or other structure or part thereof or such use of any lot
or area of land or part thereof is in accordance with all applicable
requirements of the State Uniform Construction Code and this chapter
and any amendment thereof.
BULK
The volume and shape of a building or of a non-building use
which does not conform to one or more of the applicable bulk regulations
prescribing the minimum floor area, maximum height of a building or
non-building use or the minimum lot area per dwelling unit, lot frontage,
yards, courts, required spacing between detached buildings on the
same lot and usable open space on the lot for the district in which
such building or non-building use is located.
BULK, NONCONFORMING
That part of a building or non-building use which does not
conform to one or more of the applicable bulk regulations prescribing
the minimum floor area, maximum height of a building or non-building
use or the minimum lot area per dwelling unit, lot frontage, yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or non-building use is located.
CANNABIS
Term includes all parts of the plant Cannabis sativa L.,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds.
The term "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honing Compassionate
Use Medical Cannabis Act.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS CULITVATOR
Any licensed person or entity holding a valid Class 1 Cannabis
Cultivator license that grows, cultivates or produces cannabis and
sells and possibly transport cannabis to other licensed cannabis cultivators
or usable cannabis to licensed cannabis manufacturers, licensed cannabis
wholesalers, or licensed cannabis retailers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS DELIVERY SERVICE
Any licensed person or entity holding a Class 6 cannabis
delivery license that provides courier services for consumer purchases
of cannabis items and related supplies fulfilled by a licensed cannabis
retailer in order to make deliveries of the cannabis items and related
supplies to that consumer, and which services include the ability
of a consumer to purchase the cannabis items directly through the
cannabis delivery service, which after presenting the purchase order
to a licensed cannabis retailer for fulfillment, is delivered to that
consumer.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS DISTRIBUTOR
Any licensed person or entity holding a Class 4 Cannabis
distributor license that transports cannabis in bulk from one licensed
cannabis cultivator to another licensed cannabis cultivator, or transports
cannabis items in bulk from any one class of licensed cannabis establishment
to another class of licensed cannabis establishment, and may engage
in the temporary storage of cannabis or cannabis items as necessary
to carry out transportation activities.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS MANUFACTURER
Any licensed person or entity holding a Class 2 cannabis
manufacturer license that process cannabis items by purchasing or
otherwise obtaining usable cannabis, manufacturing, preparing and
packaging cannabis items, and selling, and optional transporting,
these times to other licensed cannabis manufacturers, licensed cannabis
wholesalers, or licensed cannabis retailers, but not directly to consumers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS RETAILER
Any licensed person or entity holding a Class 5 cannabis
retail license that purchases or otherwise obtains usable cannabis
from licensed cannabis cultivators and cannabis items from licensed
cannabis manufacturers or licensed cannabis wholesalers, and sells
these items to consumers from a retail store, and may use a cannabis
delivery service or a certified cannabis handler for the off-premises
delivery or cannabis items and related supplies to consumers. A cannabis
retailer shall also accept consumer purchases to be fulfilled from
its retail store that are presented by a cannabis delivery service
which will be delivered by the cannabis delivery service to the ultimate
consumer.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CANNABIS WHOLESALER
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purchase of resale or other transfer to either
another licensed cannabis wholesaler or to a licensed cannabis retailer,
but not consumers.
[Added 12-20-2021 by Ord.
No. 21-Code-863]
CELLAR
An area of building partially underground, having more than
1/2 of its clear ceiling height below the average finished grade level
at the exterior of the foundation.
COLLOCATION
The use of a common wireless telecommunication tower or a
common structure, by two or more telecommunications license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one telecommunications license holder for more than
one type of communications technology and/or the placement of a wireless
telecommunication tower on a structure owned or operated by a utility
or other public entity.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
CORNER LOT
A parcel of land at the junction of and fronting on two intersecting
streets.
COURTS, INNER AND OUTER
An unoccupied space on a lot other than a yard. An "outer
court" is one that extends to a street line or to a front or rear
yard. An "inner court" is any other court.
COVERAGE
[Repealed 9-23-2008 by Ord. No. 08-Code-572]
CRITICAL LAND USE
A land use that, if located in the vicinity of an oil and
hazardous substance pipeline, represents an unusually high risk to
life in the event of a pipeline failure due to the characteristics
of the inhabitants or functions of the use. Critical Land Uses include
without limitation:
[Added 8-30-2017 by Ord.
No. 17-Code-757]
B.
Houses of worship and other religious institutions;
D.
High-rise buildings, including hotels, dormitories, apartment
complexes, and office buildings, which may not lend themselves to
a timely evacuation;
E.
Open space uses, including Green Acres and Borough of Oakland-owned
lands designated as open space preservation areas, farmland preservation
areas, historic preservation areas, Blue Acres preservation areas,
active recreation areas, and passive recreation areas;
F.
National Park Service designated National Natural Landmarks;
G.
New Jersey Department of Environmental Protection ("NJDEP")
designated New Jersey Natural Areas and Natural Heritage Priority
Sites;
H.
Senior and residential care facilities;
I.
Institutional uses, including public and private schools, day-care
facilities, and public buildings;
J.
Land traversing sole source aquifers.
DOG, CAT AND DOMESTIC ANIMAL KENNEL
A structure or use where more than three dogs, cats or domestic
animals, or any combination thereof, which are more than six months
of age are housed at one time for the purpose of sale, boarding, breeding,
treatment or hospitalization.
DRIVE-IN RESTAURANT
A retail business or establishment engaged in the sale of
food, soft drinks, ice cream or similar confections which are so prepared,
packaged in paper or other types of disposable wrappers or containers
and served at counters either inside or outside the confines of a
building or to persons in motor vehicles so as to be intended for
immediate consumption by persons either seated or standing, either
within or outside the building or in motor vehicles, except that this
definition shall not include retail stores selling confections as
an incidental item.
DWELLING
A building used only for permanent habitation by one or more
families. The term shall not include hotel, motel, rooming house,
hospital or other accommodation used for transient lodging.
DWELLING UNIT
A building or portion thereof used as a residence and having
housekeeping facilities for one family as defined in this chapter.
DWELLING, ONE-FAMILY
A detached dwelling, other than a stationary trailer or mobile
home, containing only one dwelling unit.
DWELLING, SEMI-DETACHED
A one-family dwelling attached by no more than one common
wall to another one-family dwelling.
DWELLING, TOWNHOUSE
One of a series of from three to 10 attached dwelling units
separated from one another by continuous vertical walls, without openings
from basement floor to roof, and having diversified architectural
facades or treatment of materials on both front and rear of the group,
with not more than four of any 10 abutting townhouses having the same
architectural facades and treatment materials and with not more than
three abutting townhouses having the same front and rear setbacks.
ENERGY
The ability to do work.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
ESSENTIAL PUBLIC FACILITIES
Those public facilities which provide basis health and safety
services to residents and visitors of Borough of Oakland, including,
without limitation, water sanitation plants, water treatment plants,
sewer treatment plants, water storage facilities, municipal telecommunication
towers, police stations, fire stations, jails, courthouses, public
health facilities, and emergency operations centers.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
FAMILY
One or more persons occupying a dwelling unit as a single
non-profit housekeeping unit who are living together as a stable,
permanent living unit, being a family unit or the functional equivalency
thereof.
[Amended 6-14-2023 by Ord. No. 23-Code-906]
FLOOR AREA, GROSS
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches or attics not used for human
occupancy or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this chapter, or any such
floor space intended and designed for accessory heating and ventilating
equipment.
FRONT YARD
An open unoccupied space on the same lot with the main building
situated between the street line of the lot and the parts of the building
setting back and nearest to such street line and extending to the
side lines of the lot.
FRONTAGE
The width of a lot measured at the street line (either existing
or proposed public street occupied by the borough) to be not less
than 2/3 of the lot width as defined herein.
GARAGE, PRIVATE
A detached accessory building or portion of the main building
used for the storage of motor vehicles but not for business or profit.
GARAGE, PUBLIC
Any building, premises or land in which or upon which a business,
service or industry involving the maintenance, washing or servicing
and storage in connection therewith of motor vehicles is conducted
or rendered, but not including motor vehicle service station as defined
herein.
GARDEN-TYPE APARTMENT
A dwelling or group of dwellings on one plot and in a single
ownership, not more than 2 1/2 stories or more than 35 feet high,
designed and used solely for dwelling purposes by families occupying
separate apartments or suites of rooms and not more than two families
using a common entrance or hallway. Not less than 50% of the apartments
in each unit must have three walls each exposed at least 75% to give
cross ventilation, and the remainder of the apartments in each unit
must have two walls fully exposed to give through ventilation.
GASOLINE STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and minor repairs.
HALF STORY
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et
seq.), the New Jersey Spill Compensation and Control Act, N.J.S.A.
58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution
Control Act, N.J.S.A. 58:10A-4 et seq., including without limitation
petroleum, petroleum products, pesticides, solvents and other substances.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
HEIGHT
When referring to a tower or lawful structure shall mean
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure including the
base pad and any antennas. The height of the tower shall not include
a lightning rod.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
HOME OCCUPATION OR HOME PROFESSIONAL OFFICE
An occupation or profession which is carried on within a
dwelling and which is carried on by a member or members of the family
residing in the dwelling; is clearly incidental and secondary to the
use of the dwelling or residential purposes, occupying not more than
1/3 of the floor area of said dwelling; not more than one person outside
the family shall be employed; and there shall be no exterior display
or storage of materials beyond that permitted by this chapter. Under
this chapter, a "home occupation" or "home professional office" includes,
but is not limited to the following: professional office of a physician,
dentist, lawyer, engineer, architect or accountant; art studio; dressmaking
and tutoring. Uses such as barber and beauty shops, real estate offices,
restaurants, radio and television repair and welding and equipment
repair are not interpreted as "home occupations" or "home professional
offices" under this definition.
[Amended 11-1-1989 by Ord. No. 89-Code-171]
ILLUMINANCE
The amount of light falling upon a real or imaginary surface,
often described as "light level." Illuminance is measured in foot
candles or lux.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
IMPERVIOUS COVERAGE
That percentage of a lot covered by roofs, pavement, walks,
patios, and other materials so that underlying soils are highly resistant
to infiltration of water.
[Added 7-23-2008 by Ord.
No. 08-Code-572]
INCLUSIONARY DEVELOPMENT
A development containing both affordable dwelling units,
as defined in the Fair Housing Act, as amended, and market-rate dwelling
units.
[Added 6-23-2021 by Ord. No. 21-Code-842; amended 9-22-2021 by Ord. No. 21-Code-850; 12-20-2021 by Ord. No. 21-Code-868]
INDUSTRIAL COMPLEX
A group of industrial establishments built on one tract that
is planned, developed, owned and managed as an operating unit. The
industrial establishments may be located in one or several buildings,
attached or separated.
INSTITUTIONAL USES
Nonprofit public or quasipublic uses, such as churches, schools,
hospitals, lodges, fraternal organizations and the like.
JUNK YARDS
An area of land with or without buildings used primarily
for or occupied for the deposit, collection or storage of used and
discarded materials which, without limitation, includes wastepaper,
rags, scrap metal, used building materials, used plumbing materials,
machinery, vehicles or parts thereof, with or without the dismantling,
and the salvage of or the sale of two or more wrecked or discarded
vehicles. The keeping of any unlicensed motor vehicle in a residential
zone in the Borough of Oakland for one month or more and in any other
zone in the Borough of Oakland for three months or more, unless said
unlicensed motor vehicle is kept in a completely enclosed garage,
shall be deemed as conducting a "junk yard."
LIGHT EMITTING DIODES (LEDs)
A semi-conductor light source that emits light in a specific
direction and generates light efficiently.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
LIMITED BREWERY
A commercial establishment operating with and in accordance
with a limited brewery license as defined and regulated by N.J.S.A.33:1-10.
Limited breweries are not restaurants.
[Added 10-13-2021 by Ord. No. 21-Code-852]
LIVABLE FLOOR AREA
The area of floors within a dwelling which is finished and in which its related elements, such as walls and ceilings, are finished and which is within rooms in which the electrical wiring has been finished and the permanent heating system has been installed therein, by way of radiators, convectors, baseboard elements, ducts and grills or any other permanent heating fixtures, exclusive of cellars, basements, porches, breezeways, the floor area immediately beneath the roof rafters between the finished ceiling height and less than four feet above the finished floor under a pitched roof or less than seven feet under a flat roof. None of the area of the ground or first floor shall be considered as "livable floor area" unless the entire first floor of said dwelling shall be finished in the manner aforesaid. In the event that the floor area of the first or ground floor meets the aggregate "livable floor area" set forth in §
59-62A, the space on the second floor or second story need not be finished as aforesaid in order to comply with the minimum floor areas as set forth in said §
59-62A. Notwithstanding anything herein to the contrary, the area of the second floor or story shall not be counted as "livable floor area" despite the fact that the same is finished, as aforesaid, unless the second floor or story is connected by a permanent built-in stair area with the floor below.
LOADING SPACE
Any mandatory off-street space required for the loading or
unloading of goods, not less than 15 feet wide, 25 feet long and 14
feet high, and having direct usable access to a street and/or alley,
except that where one such "loading space" has been provided, any
additional loading space lying alongside, contiguous to and not separated
from such first loading space need not be wider than 12 feet.
LOT
A designated parcel, portion, tract or area of land, exclusive
of any adjoining street, established by the latest official record
(Borough Tax Map or approved subdivision plat), separated from other
parcels, tracts, areas or portions, to be used, sold, leased, developed
or built upon as a unit.
LOT AREA
The total square unit area contained within the lot lines.
LOT DEPTH
The shortest distance between the front lot line and a line
drawn parallel to the front lot line through the midpoint of the rear
lot line.
LOT LINE
Any line forming a portion of the exterior boundary of a
lot and is the same line as the street line for that portion of a
lot abutting a street.
LOT LINE, FRONT
The right-of-way line of the street on which a lot fronts
or abuts. The "front lot line" of all corner lots shall be the shorter
of the two abutting street right-of-way lines.
LOT LINE, REAR
A lot line other than another front line on another street
which is both opposite the front lot line and is the farthest rear
boundary line from the street.
LOT LINE, SIDE
Any lot line not a front line or a rear lot line, including
a lot line of an offset portion of a lot which may be the rear lot
line of an adjacent lot.
LOT WIDTH
The width of the lot measured at right angles to its depth
at the required setback line.
LUMINANCE
Light that is emitted by or reflected from a surface and
measured in candelas or nits.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
MOBILE HOME
A home so designed that it can be moved from place to place
on wheels which may be removed so that the home may be used for permanent
occupancy; a home designed to be pulled like a trailer; a trailer
home.
MOTEL
A building or group of buildings, whether detached or in
connected units, designed as individual living and sleeping quarters
with individual exterior entrances to said quarters for hire to transients.
A "motel" includes every type of similar establishment commonly known
as an "auto court" or a "tourist cabin," etc.
NIGHTCLUB
An establishment licensed to provide for the on-premises
consumption of alcoholic beverages that is open late into the night
after typical dining hours, in which music is typically provided,
along with space in which dancing occurs. Nightclub menu options are
generally limited in scope. Nightclubs are characterized by having
more than 25% of the floor area is devoted to an entertainment portion
of the business, such as but not limited to a dance floor. Entertainment
offered by a nightclub may include magicians, musicians, comedians
or others. Nightclubs may charge an entrance fee for admittance.
[Added 11-23-2021 by Ord. No. 21-Code-858]
NON-BUILDING USE
The principal use of land to which the buildings on the lot,
if any, are accessory, such as, but not limited to, an advertising
sign, trailer camp or an open storage yard for materials or equipment,
and on which the buildings, if any, may be used for processing the
materials stored in such yard, for storage of such equipment and materials
generally considered too valuable to be stored in the open or an office
or place of shelter for the keeper of the yard.
NONCONFORMING BUILDING USE OR STRUCTURE
A building or structure which, by its design, size, dimension
or location upon a lot, does not conform to the requirements of this
chapter for the zone in which it is located.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Article
but fails to conform to the requirements of the zone in which it is
located by reason of such adoption, revision or amendment.
NURSING HOME
A use of building or land for the care of two or more unrelated
persons who are suffering from an acute or chronic illness other than
mental disorders or who are being treated for or convalescing from
the effects of an injury and surgical or obstetrical treatment who
require nursing care as a result of one or more of the above-mentioned
conditions. The term "nursing home" as used herein does not include
the term "boardinghouse or other home for the sheltered care of adult
persons," as defined by law.
OFFICIAL MAP
A map adopted by ordinance of the governing body pursuant
to N.J.S.A. 40:55D-32 through 55D-36, showing the location and width
of streets and drainage rights-of-way and the location and extent
of public parks and playgrounds, whether existing or proposed.
OIL AND HAZARDOUS SUBSTANCE PIPELINE
A pipeline, whether above or below ground, which transports
or is designed to transport oil or other hazardous substance. As used
herein, a pipeline includes all parts of those physical facilities
through which oil or a hazardous substance moves or is meant to move
in transportation, including pipes, valves, and other appurtenances
attached to pipes, compressor units, pumping stations, metering stations,
regulator stations, delivery stations, emergency response terminals,
holders, breakout tanks, fabricated assemblies, and other surface
pipeline appurtenances.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
OUTDOOR DINING FACILTY
A facility without foundation or fixed walls or fixed roof
used for the serving and consumption of food and drink. At least one
entire side of an outdoor dining facility shall be 100% open to the
environment.
[Added 11-23-2021 by Ord. No. 21-Code-858]
PARKING AREA
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for public use, whether
for a fee or as a service or privilege for clients, customers, suppliers
or residents.
PARKING SPACE
An accommodation for the off-street parking of a motor vehicle,
which space shall have an area of 162 square feet per space, exclusive
of access drives or aisles. Parking spaces shall have a depth dimension
of 18 feet and a width dimension of nine feet measured perpendicular
to the axis of the length with adequate provision for ingress and
egress. Parking spaces reserved for vehicles of people with disabilities
shall be in accordance with the area, depth and width requirements
as established pursuant to the New Jersey Uniform Construction Code
(N.J.A.C. 5:23-7) or the Americans with Disabilities Act, as applicable.
[Amended 9-10-2014 by Ord. No. 14-Code-703]
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PHOTOVOLTAIC
Refers to technology which uses a device, typically a solar
panel, to convert light into electricity.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
PIPELINE OPERATOR
The company, entity, or person(s) responsible for the operation,
maintenance and management of an oil and hazardous substance pipeline.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
PIPELINE OWNER
The company, entity, or person(s) that owns an oil and hazardous
substance pipeline.
[Added 8-30-2017 by Ord.
No. 17-Code-757]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Article.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
PROFESSIONAL USE
A professional use which is customarily carried on as an
accessory use on a residential lot by one or more members of the family
who are members of a recognized profession, such as law, medicine,
engineering, the ministry and architecture, residing on the premises
and which:
A.
Shall be carried on wholly within a completely enclosed building.
B.
In the activity, an area equal to not more than 1/2 of the area
of the ground floor of the principal building shall be used.
C.
In the conduct of said activity, not more than one person, other
than members of the family residing upon the premises, shall be employed.
D.
In the course of such activity, no exterior sign or display
shall be allowed except as permitted by this chapter.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or open
public space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
An establishment where food and drink are prepared, served,
and consumed, primarily but not exclusively, within the principal
building. A nightclub is not a restaurant.
[Added 11-23-2021 by Ord. No. 21-Code-858]
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets within any subdivision
or the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instruments.
RIGHT-OF-WAY
The total width and length of the course of property along
a street, watercourse, utility alignment or other way and within which
all improvements and rights of access are confined.
SETBACK
The "setback" of a building from a particular lot line is
the horizontal distance from such lot line to the part of the building
nearest such lot line.
SHOPPING CENTER
One or more buildings or parts thereof designed as a unit,
to be occupied by one or more separate business enterprises for the
conduct of a business and conducted as an integrated and cohesively
planned area development.
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious group.
SIGN AREA
The area defined by the shortest lines drawn around the outside
perimeter of a sign, including all decorations, but excluding supports,
if any, unless said supports are illuminated. In computing the area
of a sign, the area of all faces of such sign shall be included. A
neon tube, a string of incandescent lights or similar device outline
any part of a building or hung upon any part of a building or lot
shall be deemed to have a minimum dimension of one foot.
SIGN, EXTERNALLY ILLUMINATED
A sign whose illumination is derived entirely from an external
artificial source.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
SIGN, INTERNALLY ILLUMINATED
A sign whose illumination is derived from incandescent, LED,
fluorescent devices that are shielded from view by opaque or translucent
materials and include reflected lighting.
[Added 9-19-2012 by Ord.
No. 12-Code-664]
SIGN, MULTIPLE MESSAGING
A sign which changes message or copy electronically or by
the movement or rotation of panels or slats.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
SIGN, OFF-PREMISES
Any sign that does not meet the definition of an on-premises
sign or is not identified in N.J.A.C. 16:41C-1.2(c).
[Added 8-22-2018 by Ord.
No. 18-Code-772]
SIGN, ON-PREMISES
A sign that identifies the proper name of the business or
place where the sign is located or which identifies an actual bona
fide and principal activity, product or service, or event that is
conducted, available, offered, or produced on the property where the
sign is located, including a sign that exclusively advertises the
sale or lease of the property on which the sign is located. The storage
of supplies or materials on the property does not indicate of itself
an actual bona fide and principal activity, product, or use of the
property. When a sign consists principally of a brand name or trade
name advertising and the product or service advertised is only incidental
to the principal activity, or when it brings any compensation to the
property owner or to the owner of the sign, the sign shall be considered
an off-premises sign used for the purpose of the business of outdoor
advertising.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
SIGN, SPECTACULAR
A sign that has one or more of the following elements in
its physical structure:
[Added 9-19-2012 by Ord.
No. 12-Code-664; amended 8-22-2018 by Ord. No. 18-Code-772]
A.
Automatically changing advertising that changes more often than
once every five minutes (not including date, time, temperature and
weather information);
B.
Blinking, rotating, moving, chasing, flashing, glaring, strobe,
scintillating or spotlights, or similar devices;
C.
Lights or colored elements creating a continuously moving, shimmering,
or prismatic effect; or
D.
Rotating or moving parts.
SIGN, STATIC
A sign which does not change its message or copy automatically,
such as by electronic or mechanical means.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
SIGN, TEMPORARY
A sign in place for 90 days or less which may be constructed
of material of nonpermanent nature, such as paper, canvas or nondurable
plastic. A sign of any political, educational, charitable, philanthropic,
civic or religious campaign, drive or event, not more than six square
feet in area, which may be two-sided, shall be permitted, provided
that such signs are not illuminated and are placed with the property
owner's consent and comply with all applicable provisions of this
chapter. The posting of such signs on fire hydrants, public telephone
booths, utility poles or similar public fixtures is expressly prohibited.
A sign displayed inside the window of a business establishment, to
be constructed of a nonpermanent material, shall be permitted, provided
that it does not obstruct more than 30% of the window area and is
not illuminated.
SOLAR ARRAY
A group of multiple solar panels connected together to provide
a single electrical output.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
SOLAR ENERGY
Energy from the sun that is converted into thermal or electrical
energy.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
SOLAR ENERGY SYSTEM
All associated equipment which converts solar energy into
usable electrical energy, heats water, or produces hot air or other
similar function.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 5-22-2013 by Ord.
No. 13-Code-685]
STEALTH TECHNOLOGY
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
STORY
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split level story shall be considered
a second "story" if its floor level is six feet or more above the
level of the line of the finished floor next below it. Any floor under
a sloping roof at the top of a building which is more than two feet
below the top place shall be counted as a "story," and if less than
two feet below the top plate, it shall be counted as a half story.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET LINE
The street line is that line determining the limit of the
street or highway right of the public, either existing or contemplated.
Where a definition right-of-way width has not been established, the
"street line" shall be assumed to be a point 25 feet from the center
line of the existing street.
STRUCTURE
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground and including, among other things, display
stands, platforms, pools, flagpoles, standpipes, tanks and towers
of any kind. The term "structure" shall include the term "building."
SWIMMING POOL
Facilities constructed above or below ground having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. "Swimming
pools" shall include all buildings, structures, equipment and appurtenances
thereto.
SWIMMING POOL, WADING
"Wading pools" shall mean and include artificially constructed
pools not designed or used for swimming and having a maximum water
depth of two feet.
TOURIST HOME
A dwelling unit in which sleeping accommodations for more
than three and less than 10 persons are hired out for transient occupancy
used primarily for overnight use by automobile travelers.
TRIPLEX
A residential building constructed to contain three and only
three dwelling units, each dwelling containing separate and independent
living, sleeping, cooking and sanitary facilities. Access to individual
dwellings in a triplex building shall be directly from the exterior
or from a common hallway.
[Added 5-9-2012 by Ord.
No. 12-Code-662]
USE
The principal purpose for which a lot or the principal building
thereon is designed, occupied, maintained or intended to be used.
V-TYPE CONSTRUCTION
A single structure having two faces in the shape of the letter
"V" when viewed from above, with the faces oriented in opposite directions.
[Added 8-22-2018 by Ord.
No. 18-Code-772]
WIRELESS TELECOMMUNICATIONS FACILITY
All the structures or uses serving the wireless telecommunications
site such as towers, equipment sheds, telecommunications antennas
and fences.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
WIRELESS TELECOMMUNICATIONS TOWER (TOWER)
A freestanding or guyed, vertical structure designed to support
one or more wireless telecommunications antennas. This definition
shall not apply to amateur or ham radio towers.
[Added 3-21-2001 by Ord.
No. 01-Code-403]
YARD
A required unobstructed open space lying between a building
or outer building of a group and the nearest lot line.
A.
FRONT YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the street right-of-way and the nearest line of the principal building.
B.
SIDE YARDAn open unoccupied space, unless occupied by a use as hereinafter specifically permitted, on the same lot with the principal building between the principal building and the side lot line, extending from the front yard to the rear yard.
C.
REAR YARDA space unoccupied except by an accessory building or use as hereinafter permitted, specifically extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.
ZONING ENFORCEMENT OFFICIAL
The individual who shall be, from time to time, charged by
the Mayor and Council with the enforcement of the zoning regulations
of the Borough of Oakland and, unless otherwise designated, shall
be the Building Subcode Official of the Borough of Oakland.
ZONING PERMIT
A document signed by the administrative officer which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and which acknowledges that such use, structure or building complies with the provisions of the Borough Zoning Article or variance therefrom duly authorized pursuant to Article
V of this chapter.