One-family dwelling used as a residence, but there shall not be more than one such dwelling on any one lot.

Public library.

Parks, playgrounds and swimming pools maintained by the Borough of Paramus; provided, however, that the location, character and extent of such facilities shall have first been reviewed by the Land Use Board of Paramus, which shall render a written advisory report to the Mayor and Council with respect thereto.

Public facilities owned and operated by the Borough of Paramus subject to the provisions of Article XXVIII of this Chapter.

Bedrooms are permitted in basements provided they have exterior egress.

Private garage or private parking area or driveway. A private driveway shall be deemed to be accessory to the use to which it gives access. A private garage or private parking area is not permitted in any residential zone unless it is accessory to a permitted use or an approved conditional use.

Sign, if permitted by ordinance, provided that a permit has been duly issued by the Borough.

Other accessory buildings or uses customarily incidental to the main permitted use in the residential zone but not including any livestock accessory building, nor any accessory building designed or used for human habitation or living quarters.

Home occupation provided that not more than 15% of the habitable floor space of the dwelling is devoted to such occupation and not more than two persons are employed on the premises at the same time who are not members of the family of the residents of the dwelling. A home occupation shall not include any retail business, dancing instruction, band instrument or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, mortuary establishments, automobile and mechanical repairs, real estate offices, travel agents, photo studios, stores, trades or business of any kind. Notwithstanding the giving of individual instruction in a musical instrument, in singing or in academic subjects and tutorials to not more than four persons at a time shall be permitted.

Sheds, decks, patios, swimming pools and hot tubs.

A shed, equal to or less than 100 square feet in floor area, shall be permitted to encroach into the required side and/or rear yard setback only being set back a minimum distance of 5 feet from a side and/or a rear property line. A shed greater than 100 square feet in floor area shall comply with § 429-29B of this Zoning Ordinance.

Decks, patios, and swimming pools shall be permitted to encroach into required side and/or rear yards, however, shall be set back from property lines in accordance with the provisions of § 429-29E and § 429-34 of this Zoning Ordinance.

Flagstaffs may exceed maximum height requirements for all zones on the following conditions:

Church or other place of worship, including parish house or Sunday school building.

Church school.

Private school, provided that the same is duly accredited by the New Jersey Department of Education for elementary or secondary school under the compulsory education laws.

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries.

Group homes, halfway houses, supervised apartment living arrangements, hostels and the like.

Facilities for Alzheimer's patients or those suffering from dementia or other cognitive problems and/or deficits.

Family day-care homes.

All residences, shelters, homes, apartments, hostels, facilities and the like as set forth in this section shall be limited to not more than 15 occupants.

The minimum lot size for churches and schools shall be not less than two acres.

The minimum lot width for churches and schools shall be not less than 150 feet.

Buffer areas.

Churches and schools shall comply with the planted area required as set forth elsewhere in this Chapter.

For churches and schools, no vehicular entrance or exit to public streets shall be within 75 feet of a street intersection.

Said buffer area shall also apply to any existing County/State correctional facility which expands its operations beyond the existing security perimeter.

It is not the intention of this Chapter to allow any uses or buildings or both in any residential zone other than the specified one-family residential uses permitted and the specified two-family uses permitted in the R-2F Zone. The existence of the provisions in this section shall not be regarded as evidence of any intent to allow uses other than one-family residential in all residential zones and in the R-2F Zone, two-family residential and the conditional uses set forth in § 429-24. The provisions in this section are intended as minimum requirements that must be complied with by any person, occupant, owner, applicant and user of land in any residential zone where a use other than a permitted use or a conditional use has been allowed by variance or operation of law.

Any nonconforming use in any residential zone shall comply with the buffer and planted area requirements set forth elsewhere in this Chapter.

The height limitations and percentage of lot coverage for any use permitted by variance in any residential zone or for any use that is not an expressly and specifically permitted use listed in this chapter as a permitted use in any residential zone shall be the same as the maximum height limitations and maximum lot coverage for the zone in which the lot is located. As an additional requirement, any use permitted by variance in any residential zone or ordered by judicial action for a use that is not a use specifically and expressly listed as a permitted use in any residential zone where the property is located, shall not locate any buildings for such uses any closer to the boundary lines of the lot than the minimum distance that a building must be set back from the zone boundary lines of the zone in which the property is located where such building is located in a nonresidential zone, including also any additional setback required with regard to the height of the actual building proposed. Nothing herein shall be deemed to preclude the making of an application to the Board of Adjustment for a variance from this requirement, but it is the intent of this chapter not to permit a building in a residential zone that is to be used for purposes not permitted in the zone to be located any closer to the lot lines and adjacent property zoned for residential use than the minimum distances required were such building to be located in a nonresidential zone contiguous to the residential zone in which the proposed building is to be located.

No building or structure shall be constructed within any required front yard setback, required rear yard except a fence, wall and accessory structures in accordance with §§ 429- 22 and 429-23 or a front porch. A front porch may encroach a maximum distance of five feet into the required front yard setback, provided that the front porch does not violate any other provision of this chapter. A front porch encroachment shall be measured from the front property line to the point of the porch that is closest to the front property line, not including stairs unless said stairs are covered by a roof.

Projecting eaves, chimneys, open fire escapes, which do not project more than two feet, shall be permitted and shall not be counted toward lot coverage or setback. Open or lattice-enclosed fire escapes and the ordinary projections of chimneys and flues are permitted. Bay windows not to exceed three feet are permitted in front, side and rear yards. Balconies exceeding two feet will be counted toward setback and coverage in their entirety. Basement window wells and egress stairs that do not project above grade shall be more than five feet to the side yard setback(s).

Air-conditioning units and condensers and generators are permitted inside yards provided they maintain a five-foot side yard setback from this property line.

Where a preexisting nonconforming single-family dwelling encroaches into a required yard setback, an expansion of the dwelling is permitted both horizontally and vertically along the existing setback line provided it does not increase the existing nonconformity.

Temporary or permanent handicap ramp structures may encroach into front yard setbacks.

In the case of a structure to be erected on a corner lot or on a through lot in any district, all yards that abut a street shall be deemed a front yard and shall have the minimum depth prescribed for a front yard in the district in which such structure is to be erected. In such cases, the side and rear yard requirements prescribed for the district shall apply only to the yard(s) that do not abut a street line.

Accessory buildings, however, may be erected 10 feet from the rear property line on an interior lot or at the side of the main building, but not within any required side yards; and shall not be over 20 feet in height or one story.

On a corner lot, an accessory building shall not be erected except in the rear yard but not within 35 feet of the street line on the side of the lot having frontage on a street or on a corner lot at the side of the main building, provided that the same is not within any required side yard or within 35 feet of the nearest street line.

On a through lot, an accessory building shall not be erected within any minimum side yard area or within any minimum setback from each street that the lot abuts.

A rear yard setback of a minimum of 20 feet shall be maintained for open decks and patios, except that a pool patio shall be permitted to be located 10 feet from the rear yard lot line.

In the RML Zone, a minimum rear yard setback of 10 feet shall be maintained for open decks and patios.

The minimum number of off-street parking spaces for the parking of passenger vehicles that must be provided and kept available as accessory uses in garages or paved areas shall be as follows:

In any residential district, the parking spaces provided in any permitted accessory garage shall be counted in determining the number of parking spaces provided for purposes of this section.

In any residential district, not more than one vehicle with a height of not more than nine feet and a length of not more than 22 feet, and not including truck tractors or similar vehicles capable of carrying or towing more than 10,000 pounds, may be housed on any lot, and then only in a private garage.

In any residential district, required parking areas shall be on the same lot with the main building or use of land to which they are accessory.

No parking areas are permitted in required front yards, and such front yard areas shall be free of paving except for walkways and for driveways crossing at or about right angles. Nothing herein shall prohibit the construction of a circular driveway, provided that the same is in conformance with § 429-39 and the Zoning Official.

Driveways shall not be permitted to be paved past the garage wall toward the front door into the front yard area.

The storage of trailers, water vehicles, stockpiled construction or landscaping materials, or similar items is not permitted in the front yard.

The storage of snowplows is not permitted in any front yard from April 15 to November 15.

A private swimming pool or hot tub/spa may be constructed, installed or maintained in the side yard or rear yard of such residential property subject to the following:

A walkway of four feet or less in width that is contiguous to a pool is permitted to encroach into the ten-foot setback requirement; any paved surface contiguous to a pool that is larger than four feet in width shall be considered a pool patio and must be a minimum of 10 feet from the rear and side yard lot lines measured from the edge of the pool patio. Pool/filter equipment must be a minimum of 10 feet from the rear and side yard lot lines.

No plot of land or premises upon which a private swimming pool is constructed, installed, maintained or located shall be subdivided if the result of such subdivision will be that said pool is separated from the portion of said land or premises upon which the residential dwelling is erected, to which said private pool is an accessory use.

No artificial lighting shall be maintained or operated in connection with a private swimming pool in such a manner as to be a nuisance or annoyance to the neighboring property owners, but such artificial lighting shall be so arranged and shaded as to reflect light away from adjoining properties.

All private swimming pools, hereafter constructed, installed or maintained shall be completely surrounded by a fence or wall in accordance with the following requirements:

No private swimming pool shall be enclosed in an all-weather shelter except upon approval by the Land Use Board of the Borough of Paramus that a permit is granted therefor as a conditional use. The procedure for such application shall be the same as that provided for other conditional uses. In addition to the guiding principles and standards set forth elsewhere in this chapter, where applicable, the Land Use Board shall also be guided by the following additional principles and standards:

The Land Use Board shall consider the height and exterior appearance of such all-weather shelter and shall make a specific finding, supported by evidence produced at a public hearing in the manner provided by law, that such use will not be detrimental to the character of the neighborhood, to the public health, safety and welfare and to the intent and purpose of this chapter.

The use and erection of tents shall be limited for use in a residential zone to personal use such as a garden party or garden wedding for a period not longer than 48 hours.

Application must be made to the Building Department for a permit if any other use is contemplated.

No curb cut in any nonresidential zoning district shall exceed 30 feet as measured at the top of the curbing.

No curb cut in any residential zoning district shall exceed 20 feet measured at the top of the curbing.

The minimum distance between curb cuts on one lot shall not be less than 50 feet as measured at the top of the curbing.

No curb cut shall be greater than a width equal to one-third of the lot's frontage.

No curb cut shall be nearer than two feet to any property line, no nearer than five feet to the base of any Borough street tree, and no nearer than five feet to the nearest edge of a street basin.

No curb cut shall be located in a manner that interferes with intersecting sidewalks, traffic signals, lampposts, fire hydrants, street trees or other public improvement. No pillar located in a front yard shall exceed three feet in height.

Concrete aprons shall be installed between curbs and sidewalks. All work in connection with curb cuts shall be inspected by the Borough Engineer before concrete is poured.

Any improvements required to be made to utility facilities, light fixtures, fire hydrants, catch basins, street signals or other public installations shall be paid for by the applicant for a curb cut permit.

Any individual performing any work in connection with a curb cut shall maintain the premises in a safe manner and shall provide adequate barricades and lights at the applicant's expense. The applicant shall take all measures necessary to protect the public.

Circular driveways and/or driveways providing for K-turns shall only be permitted on the following streets:

Driveways providing for K-turns shall only be permitted on those streets listed in Subsection J above or on the following streets:

Circular driveways may not exceed 12 feet in width. Circular driveways permitted by the provisions of Subsection J hereinabove shall also comply with and may not exceed the dimensions set forth on the following drawing entitled "Paramus Street Circular Driveway" on file in Borough Building Department.

K-turn portions of K-turn driveways may not exceed 10 feet in width and 12 feet in length (length defined to be the distance from the edge of the driveway as shown on the following drawing). K-turn driveways permitted by the provisions of Subsection K hereinabove shall also comply with and may not exceed the dimensions set forth on the following drawing entitled "Paramus Street Circular Driveway" on file in Borough Building Department.

A driveway must be offset two feet from any side or rear property line.

A driveway to a residential dwelling shall not have a negative slope from the street right-of-way line to the garage unless the slope follows the existing natural topography.

Where a site occupies the corner of two intersecting roads, no driveway entrance or exit shall be located within 20 feet of the point where a curb return of the street intersection and curbline meet.

In all districts, unless otherwise specifically provided in this Chapter, no portion of any fence or wall exceeding three feet six inches in height shall be placed within 35 feet of the front property line. In the event that the solid area of such fence or wall exceeds 25% of the total area of the fence or wall located within 35 feet of the front property line, the height thereof shall not exceed three feet.

No portion of any fence or wall extending back from the building line to and along the rear property line shall exceed six feet six inches in height, unless otherwise provided in this Chapter or required by the Land Use Board. "Wall," as herein used, shall mean either a decorative wall or a retaining wall. Tennis court fences shall be 10 feet in height.

Fences in flood hazard areas as defined by NJDEP shall conform to the requirements of N.J.A.C. 7:13 (Flood Hazard Area Control Act).

Any fence that is either secured to the top of a retaining wall or is adjacent to a retaining wall shall not exceed 10 feet in height as measured from the lowest point of the retaining wall to the highest point of the fence. The fence shall not protrude beyond the face of the retaining wall.

Decorative pillars may not be located within the street right-of-way and shall not exceed three feet in height.

Any fence which is not aesthetically and visually identical on both sides must be erected so that the side facing an adjoining property owner is of equal or better aesthetic and visual appearance than the side facing the property upon which the fence is erected.