Within the HCC Zone, no building, structure or area or lot or land shall be used in whole or in part for other than one or more of the permitted uses expressly set forth herein or accessory uses accessory and subordinate to the permitted uses and conditional uses expressly set forth herein.

Permitted uses shall include all uses not prohibited in Article VII, Uses Prohibited in All Zones, residential uses permitted in the residential zone districts (R-50, R-75, R-100, R-150 and R-2F), and as expressly prohibited in this Article. Permitted uses include as follows:

Multifamily residential shall be a conditional use within the HCC Zone subject to the conditions set forth herein.

Self-storage facilities shall be permitted as a conditional use in the HCC Zone, subject to the following conditional use provisions:

Convenience stores, motor vehicle service stations and motor vehicle repair garages shall be conditional uses in the HCC Zone, subject to the conditional use standards set forth in § 429-131, hereinbelow.

An accessory use shall be permitted, provided that:

The following accessory uses are permitted ancillary to a permitted, conditional, or other accessory use:

Parking structures are a permitted accessory use in the HCC Zone subject to the following:

Any structured parking areas built within the same footprint as a principal building (including rooftop parking decks, underground parking, parking structures wrapped by apartments or non-residential spaces, and covered ground level parking) shall be subject to the requirements and allowances provided in Subsection A, above, with the following exceptions:

All parcels, lots and structures in the HCC Zone shall conform to the following requirements:

Intent. Promote the use of architectural features, elements, and details that are of a human scale into the building facade, entries and lobby areas in a manner that is consistent with the overall architectural design.

Elements such as cornices, corbelling, molding, string courses, ornamentation, changes in material or color should be provided, where possible, to add interest to all building facades.

Building entrances should be easily identificable and complement the existing development context.

Vary the height of the building and incorporate secondary architectural elements/masses and material articulation to increase the visual interest of the building.

Any elevation that is visible from a highway shall include a minimum 25% glazing and no less than 60% of the facade in a combination of brick, decorative block (split-faced or similar) glass or stone.

Where expanses of solid walls are necessary, they may not exceed 30 feet in length without introducing an architectural element that breaks down the scale horizontally or vertically.

Any elevation that is in excess of 75 feet in length shall be designed to avoid a monolithic aesthetic through the inclusion of windows or the use of different materials and building setbacks, (three feet minimum), that break the building's overall appearance into smaller increments and sections in order to avoid long or continuous blank wall planes and monotonous wall treatments and subdivide large vertical or horizontal building facades into varying masses.

Each building elevation shall include a minimum of three vertical brick or decorative block elements that break the facade from the base to the roofline.

Proposed facades with brick or decorative block shall incorporate a minimum of three shades of varying colors within any proposed field.

The following minimum parking requirements shall apply to all uses within the HCC Zone.

A shared parking approach shall be permitted and encouraged as a means to reduce the total parking supply that would otherwise be required based upon the above parking ratios. Shared parking takes advantage of variation in the periods of maximum usage among different land uses, allowing different uses to share the same given parking spaces if they have different time-of-day or day-of-week peak usage patterns.

If a shared parking approach is followed, the applicant shall provide a shared parking study for review and approval by the Land Use Board, documenting the rationale and calculations for the lower parking supply. The study shall include survey statistics and factors documenting the requested reductions in parking supply. As a result of this study, the Land Use Board shall have the power and authority to approve a reduction in the number of required parking spaces, without a variance being required or require additional parking spaces to be provided to accommodate the proposed uses.

A planted area not less than 20% of the total lot area of a lot is required in the HCC Zone, provided that this planted area may be reduced to 15% of the total lot area if a green roof is provided for 5% of the footprint of any primary structure.

In connection with Land Use Board consideration for site plan approval, the Land Use Board shall have the right to determine the proper areas for the required planted area, taking into consideration the criteria set forth above.

Maximum building height:

Minimum lot size: 15 acres (including both sides of a public right-of-way, other than state highways);

Minimum lot width: 400 feet;

Minimum lot frontage: 400 feet;

Maximum lot coverage:

Minimum building setback: 25 feet from all lot lines and between principal buildings, provided, however, the minimum side yard and/or rear yard from any residential zone district (R-50, R-75, R-100, R-150 and R-2F) shall be not less than the greater of 100 feet or twice the height of the nearest building to the lot line.

Parking is prohibited within 25 feet of the nearest street right-of-way line as shown on the Official Map of the Borough of Paramus.

Parking structures and garages, underground and/or above ground, are permitted as an accessory use in accordance with the following requirements:

Loading spaces shall be provided as appropriate and screened to the extent practicable and shall not be located in any front yard.

In addition to any fee, charge or cost provided elsewhere in the Paramus Code, there shall be a one-time sewer connection fee for each building, or in the case of a multi-unit building, for each unit, residential or non-residential, to be served by any new connection to the public sewer or an anticipated increase in flow from an existing building in the HCC Zone.

The purpose of the sewer connection charge is to provide for a fair payment towards the capital cost of the public sewer system pursuant to N.J.S.A. 40A:26A-11.

The fee shall be paid in full to the Borough prior to the issuance of a construction permit issued in accordance with the Uniform Construction Code. In the event a connection is made without prior payment thereof for any reason, the sewer connection fee shall constitute a first lien upon the benefited property and shall bear interest as set forth in N.J.S.A. 40A:26A-12 and as otherwise provided by law. This shall be in addition to any violations, penalties or other remedies otherwise provided by law.

The following schedule of fees is hereby established pursuant to this Article:

Sewer connection per dwelling unit: $2,000.00

Sewer connection for non-residential/commercial for every 5,000 square feet of development or portion thereof: $2,000.00

Amusement game machines and arcades are permitted accessory uses in shopping centers and malls provided the same are limited to no more than one (1%) percent of the aggregate space/square footage available for lease by retail tenants and are subject to the provisions set forth below.

Placement and location of amusement games and devices. Every game and amusement device within the Borough shall be so situated and placed within and upon a premises that it shall not:

Location restrictions:

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain more than three games or amusement devices for business or commercial purposes in or upon the premises within the Borough of Paramus or to own, lease, store, possess, use, operate or maintain any such game or amusement device except in conformity with the provisions of this Chapter and unless licenses and permits have previously been obtained therefor as provided for in Chapter 165, Amusement Devices and Arcades.

There shall be a minimum distance between two similar uses as set forth below. The minimum distance shall be measured by the shortest straight line between the nearest point on the boundary line of the lot on which such use is proposed to be located. If a straight line can be drawn from any part of the lot under consideration to any part of a lot on which the similar use is located that is less than the prescribed distance, it will violate this section.

Retail stores selling convenience goods that have a gross floor area exceeding 1,000 square feet, whether operated as a principal use or as an accessory use to a permitted principal use, are prohibited in the HCC Zone and HCC-2 Zone of the Borough of Paramus.

Maximum lot size. No new car dealer establishment shall hereafter be created except upon a lot or lots containing no more than four acres, all of which lot or lots shall be located entirely within the HCC Zone.

Display area. The display of new and/or used cars by a new car dealer establishment shall be limited to a maximum aggregate of 200 feet along the frontage of any one abutting public road. Such display area shall be further limited to an aggregate of no more than 22 such cards in any one row. All frontage, other than the display area and any driveways, shall be screened by planted greenery areas as set forth in Article XXX.

Greenery areas. New car dealer establishments shall have a minimum of 15 feet of planted greenery areas, parallel to each abutting public road (excluding ingress and egress roads as shown on approved site plan). Such greenery shall be credited toward the required greenery area under any required planted area (other than required planted buffer area) and shall comply with all the requirements of any required planted area (other than required planted buffer area).

Accessory used car sales. Used car sales by a new car dealer establishment shall be limited to the sale of used cars accepted in bona fide trade-ins for new cars sold from the premises.

Inventory storage. Any motor vehicle stored upon the premises of a new car dealer establishment in inventory and not yet prepared for sale shall be adequately screened by a solid fence six feet in height from ground level or enclosed in permanent buildings on these lots in accordance with the requirements of the Land Use Board site plan approval, provided that such structures do not violate any ordinances of the Borough of Paramus.

Rooftop storage. Inventory vehicles for new car dealer establishments may be stored on the roof of the building on the lot, provided that:

Separation of inventory from other parking. All areas for customer and employee parking shall be separated from areas used for the storage of vehicles in inventory or for sale by a clearly distinguishable physical barrier or open space.

Expansion of existing new car dealer establishments.

No more than one Medicinal Cannabis Dispensary shall be permitted in the HCC Zone District.

Medicinal Cannabis Dispensary shall not be located within 1,000 feet of a pre-existing primary or secondary school. The distance shall be measured from property line to property line. Early learning centers, fitness facilities, preschools, day care centers, residential care homes, colleges, and vocational/trade centers shall not be classified as a school for purposes of this section.

For purposes of determining required parking, dispensaries shall be classified as "Commercial Retail".

Drive-throughs shall be prohibited at Alternate Treatment Centers.

No medicinal cannabis or cannabis paraphernalia shall be displayed or kept at the Alternate Treatment Center so as to be visible from outside the premises.

No medicinal cannabis, or cannabis-infused product, shall be smoked, eaten, or otherwise consumed or ingested on the premises of any Alternate Treatment Center.

A Medicinal Cannabis Dispensary shall not be located in a home, apartment, or condominium.

A Medicinal Cannabis Dispensary shall be subject to permitting requirements. Requests for a permit, including but not limited to occupancy and building permits, shall be submitted via an application (herein "Dispensary Application"). The following documentation and information shall be provided to the Borough Clerk in conjunction with any application for a zoning permit or variance relief for a dispensary, cannabis cultivation, cannabis manufacturing or cannabis distributing facility:

Coordination of safety and security measures. Applicants for a Medicinal Cannabis Dispensary shall coordinate with the Borough Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, site lighting, and on-site security personnel. Said coordination shall occur in conjunction with any application for a zoning permit or variance relief for a dispensary, cannabis cultivation, cannabis manufacturing or cannabis distributing facility that has been deemed complete by the zoning officer, and shall be ongoing, as needed, to address any security or safety issues.

Inspection. Subject to the requirements and limitations of State Law, the Borough of Paramus shall have the reasonable right to inspect the premises of any approved Medicinal Cannabis Dispensary during its regular hours of operation to ensure compliance with local ordinances and regulations.

Public nuisance declared. Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.

Governing body approval of applications. Whenever the Cannabis Regulatory Commission established by the Act (the "Commission") forwards to the municipality any application for initial licensing or renewal of an existing license for any cannabis establishment, Medicinal Cannabis Dispensary, distributor, or delivery service pursuant to section 19 of the Act or for a cannabis consumption area pursuant to section 28 of P.L. 2019, c.153 (C.24:6I-21), or otherwise solicits the position of the municipality on any matter related to cannabis-related activities within the municipality, or upon the request of an applicant for or holder of such license, the governing body shall determine whether the application complies with the municipality's restrictions on the number of Medicinal Cannabis Dispensaries, cannabis establishments, distributors, or delivery services, and on their location, manner, or times of operation, and promptly inform the Commission, and the applicant for or holder of a license whether the application complies with same and whether it either approves or denies each application or other request for municipal authorization forwarded to it. Notwithstanding the forgoing, nothing herein shall prohibit any elected or appointed official or employee from expressing their opinions or views on cannabis-related matters in their personal or individual official capacity, or endorsing an applicant for or holder of a license issued by the Commission, provided that such official shall not represent that their opinions or views are those of the municipality unless based on a duly adopted ordinance or resolution of the municipality, or other action of a majority of the governing body.

Definitions and repealer. Unless specifically defined otherwise herein, any term used herein shall be incorporate the definition of that term in the Act. Any article, section, paragraph, subsection, clause, or other provision of the Borough of Paramus inconsistent with the provisions of this section is hereby repealed to the extent of such inconsistency.

Interpretation and savings provision. If any section, paragraph, subsection, clause, or provision of this section shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provision so adjudged, and the remainder of this section shall be deemed valid and effective.

Violations and penalties. Any person or business who violates any provision of this section shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code.

No person shall construct any building or structure in the HCC Zone District in violation of the restrictions, limitations and requirements of this Chapter.

No person shall use any building or structure or lot or area in the HCC Zone District in violation of the restrictions, limitations and requirements of this Chapter.

Lawful prior nonconforming uses or structures may be continued only to the extent required by State law, but not otherwise.

Additions and alterations to existing nonconforming uses and structures shall be permitted in accordance with the restrictions, limitations and requirements of this Chapter. An existing nonconforming structure may be altered without the need for variance relief for the nonconforming condition, provided that the condition that is not conforming is not being altered.