Paramus City Zoning Code
ARTICLE XX
Regulations Applicable to All Business HCC, HCC-2, NB and LB Zones
§ 429-104 Use of accessory buildings restricted.
No accessory building in any business zone may be constructed or used for dwelling purposes or for any use not expressly permitted by this Chapter in the zone in which the building is located or proposed to be located.
§ 429-105 Tents.
Tents for use in all commercial zones used to display wares or for any other use or purpose in connection with commercial property are prohibited except on a temporary, by-event basis, as expressly permitted by the Governing Body.
§ 429-106 Accessory structures and trailers.
A.
No accessory building in any business zone shall be erected within 12 feet of the main building on the lot nor within 12 feet of any other building on the lot.
B.
In every business zone an accessory building may not be located in any area on a lot where a main building could not be located under the provisions of this Chapter requiring minimum open spaces, front yards, side yards, rear yards, required planted areas and required minimum distance to residential zone lines. An underground parking area, however, may be located underneath the required planted buffer area, required planted area, required minimum side yards, required minimum front yard setback and required minimum rear yard setback.
C.
An accessory building shall not be erected in any front yard. On a corner lot an accessory building shall not be erected closer to the street than any main building or other building on the lot or any other proposed main building or other building on the lot. The provision is in addition to requirements set forth in Subsection A above.
D.
Trailers shall not be permitted to be utilized as accessory structures used in any business zoning district. A trailer shall be defined as wheel-based structure that is customarily used for the transportation or storage of goods or materials, including box containers that have been temporarily or permanently removed from the chassis of a truck.
E.
No trailer may be temporarily or permanently used for the storage of materials in any commercial or industrial zoning district except as may be provided by the provisions of other Borough ordinances governing temporary storage container or PODS.
F.
Nothing in this section shall be construed to prohibit trailers from hauling, loading or unloading merchandise in the normal course.
G.
Trailers may be used for construction offices and for the storage of materials on a job site that is under construction, however, such trailers may only be utilized during the construction phase of the development and shall be removed at the completion of the project or within 45 days if no construction activity has occurred on the site.
§ 429-107 Maximum size of accessory buildings.
In any business zone where an accessory building is permitted, the accessory building shall not cover more than 10% of the total area of the lot or more than 50% of the area of the rear yard, whichever is the more restrictive. This provision, however, shall not apply.
A.
With respect to underground parking facilities as an accessory use or to a parking building as an accessory use to a permitted. A parking structure may cover not more than 25% of the total area of the lot, provided that the building is screened by the use of permanent relatively maintenance-free materials on each parking level so that the vehicles are substantially obscured from view within the building and are subject to provisions of this Chapter and the provisions governing the HCC and HCC-2 Zones, as the same pertains to parking structures.
B.
Unless expressly set forth by the terms of a lawful grant of a use variance, a variance granted for the use of any property in any business zone shall not include a variance for any accessory building or any accessory use other than the accessory use permitted by ordinance in the zone in which the property is located.
§ 429-108 Use variance limitations.
A.
Even if a specific plan showing the location of the building and side yards and rear yards is presented with the application, the approval of a use variance shall not constitute approval of the building, side yards, rear yards, front yards or any other ordinance requirement and shall not constitute a variance from any ordinance requirement unless the specific variance has been applied for and has been specifically approved.
§ 429-109 Access driveways.
A.
An access driveway leading to the rear of the lot may be located within a required side yard on the same lot.
B.
The access driveway shall be not less than 12 feet wide for one-way traffic and not less than 24 feet wide for two-way traffic.
C.
A driveway in any residential district used or designed to be used to provide access, ingress or egress for a use not permitted in any residential zone is prohibited.
D.
Driveway entrances to the main building and to accessory parking areas shall be clearly visible from the public street and not within 75 feet of any street intersection.
§ 429-110 Variations in side yard requirements.
The Land Use Board, at its discretion, may impose side yard requirements different from those set forth hereunder, if:
A.
The area within the proposed side yard is not topographically suitable for ingress or egress by motor vehicles such as fire engines and police cars; and
B.
Adequate access for motor vehicles such as fire engines and police cars is provided to the rear of the lot and any buildings erected or proposed to be erected thereon.
§ 429-111 Required planted area.
No building permit for any proposed new building, structure or addition to an existing building or structure nor any new certificate of occupancy for a change of use shall be approved or issued for any property in any business district unless the applicant provides the planted area required by this Chapter.
§ 429-112 Existing lots or structures.
A.
If prior to the effective date of this Chapter:
(1)
A lot was lawfully create in conformity with the then existing ordinances of the Borough of Paramus or was lawfully created prior to the zoning ordinances of the Borough of Paramus, but the lot size is less than the minimum lot size for the business district within which the lot is located, then, in such event, a building may be constructed thereon without obtaining a variance, provided that the proposed use and proposed building do not violate any other provisions of this Chapter or any law or ordinance governing the proposed building, provided that the owner owns no adjacent lot which could be combined with the subject lot to provide a complying lot without creating any zoning violations thereby.
(2)
A lot was lawfully created in conformity with the then existing ordinances of the Borough of Paramus or was lawfully created prior to the enactment of any Zoning ordinances in the Borough of Paramus, but the lot width or its frontage is less than the minimum lot width required by this Chapter for the district within which the lot is located or the lot so created has less than the lot width and frontage required in said district, then, in any of such cases, a building may be constructed thereon without obtaining a variance, provided that the proposed use and proposed building do not violate any other provisions of this Chapter or any law or ordinance governing the proposed building, and provided also that the owner owns no adjacent lot which could be combined with the subject lot to provide a complying lot without creating any zoning violations thereby.
B.
If prior to the effective date of this Chapter, a building was constructed in accordance with the zoning ordinances of the Borough of Paramus or was constructed before the first zoning ordinances of the Borough of Paramus and the present owner proposes a new addition to the building and the present building violates one or more of the following restrictions: minimum front setback; minimum width of each side yard; minimum total of side yards; and minimum open space in rear yard; then the Land use Board, on application for site plan approval, shall allow the addition, provided that:
(1)
The present use of the property and building is a permitted use within the business zone.
(2)
The proposed additional structure is proposed for a permitted use within the zone.
(3)
The planted area required by this Chapter and the buffer area, if required by this Chapter for the particular lot, is to be provided or has already been provided, and in each case, in conformity with the requirements of this Chapter.
(4)
The proposed addition, together with the other buildings or structures, will not occupy more than the maximum percentage of building coverage allowed by this Chapter.
(5)
The addition does not have more than 1/3 of the floor area of the existent building.
(6)
The minimum distance of the addition from any residential zone line is not less than the distance required for the district within which the lot is located.
(7)
The present building was constructed in accordance with and in compliance with the existing zoning ordinances of the Borough of Paramus and no changes were made thereafter in violation of the zoning ordinances of the Borough of Paramus.
(8)
The building on the lot was not previously permitted to be enlarged and was enlarged in accordance with the provisions of a part of the previous zoning ordinances that permitted an expansion of an existing building without a variance where the location of the same would otherwise be in violation of the minimum setback, side yard, total of both side yards, or rear yard distance of building to residential zone line.
(9)
The proposed addition complies with the minimum front yard setback, side yard setback, total of both side yard setbacks and rear yard setback that was in effect immediately prior to the passage of Ordinance No. 73-36 for the zone in which the property was then located and the proposed addition would not create any additional types of violations with respect to the setbacks referred to in this section under such prior ordinance.
§ 429-113 Radioactive materials.
The industrial use or the storage of radioactive materials is prohibited in all zones. However, this prohibition shall not apply to hospitals or clinics, nor to X-ray equipment used by physicians, dentists, or other medical practitioners.
§ 429-114 Outdoor storage.
Outdoor storage, where existing as a nonconforming use or permitted by variance, shall be such as not to constitute a nuisance by providing harborage for rodents or insects.
§ 429-115 Floor area ratio.
There shall be no maximum floor area ratio in any business zone; however, the density permitted in any business zone shall be limited by compliance with all bulk standards (side yard, front yard, and rear yard requirements), maximum building coverage, maximum impervious coverage, maximum height requirements, together with providing sufficient parking for the proposed use(s), or with respect to multi-family use in the HCC, maximum dwelling units per acre.
§ 429-115.1 Rooftop appurtenances.
[Added 7-24-2024 by Ord. No. 2024-13]
A.
Rooftop equipment, structures, and parapets, not intended for permanent occupancy, shall be permitted to project not more than 12 feet above the roofs for buildings used for commercial, multi-family residential, mixed-use, educational, or governmental purposes in a Business Zone, except that parapets shall not exceed six feet in height. Such projections above a roof shall complement the color and materiality of the building or be screened from public rights-of-way and nearby dwellings of equal or lesser height.
(1)
Any other provisions in Chapter 429 concerning rooftop equipment, structures, or projections for a specific use may supersede this section.
(2)
For the purposes of this section, rooftop equipment shall be limited to rooftop solar installations, mechanical equipment related to building systems including elevators and air conditioning units, water towers, and other machinery or systems required for normal operations of a building and the uses therein.
(3)
For the purposes of this section, rooftop structures shall be limited to stair enclosures, elevator structures, and related canopies and shelters; structures associated with rooftop dining or recreational activities approved by a Land Use Board of the Borough of Paramus; solar canopies associated with rooftop parking decks or rooftop amenities; and other roofed structures not intended for permanent occupancy or habitation and supporting normal operations of a building and the uses therein.
(4)
For solar canopies related to rooftop parking decks the highest part of any canopy structure shall not be more than 15 feet above the surface of the rooftop parking area. For the purposes of this section, a solar canopy shall be understood to be a canopy like structure having the dual purposes of generating electricity or energy through photovoltaic systems and providing shade to people, vehicles, or activities beneath.