[Added 2-28-2023 by Ord. No. 2023-07]
The following architectural design standards shall be for self-storage
buildings:
A. 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.
B. 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.
C. Building entrances should be easily identificable and complement
the existing development context.
D. Vary the height of the building and incorporate secondary architectural
elements/masses and material articulation to increase the visual interest
of the building.
E. 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.
F. 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.
G. 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.
H. 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.
(1)
Each brick or decorative block element shall have a minimum
of two horizontal breaks.
I. Proposed facades with brick or decorative block shall incorporate
a minimum of three shades of varying colors within any proposed field.
The minimum distance of any building on a parcel or lot contiguous
to a residential zone district (R-50, R-75, R-100, R-150 and R-2F)
and/or any conservation/recreation zone (CR) shall be not less than
the greater of 100 feet (except R-150, which shall be 200 feet) or
twice the height of the closest building to the residential zone.
Required planting areas; existing vegetation.
A. 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.
B. 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.
All lots and structures to be developed as a hospital and/or
health care facilities campus shall conform to the requirements set
forth below.
A. Maximum building height:
(1)
120 feet (excluding rooftop mechanicals) provided, however,
but limited to no more than 50% of the cumulative building footprint
of all buildings within the health care facilities campus;
(2)
60 feet (excluding rooftop mechanicals) for all other buildings
within the health care facilities campus; and
(3)
Flagstaffs, elevator shafts, radio and television antennas and
screened mechanical equipment designed to service a building may exceed
the height of the roof by not more than 24 feet, provided that such
structures do not exceed 50% of the ground area covered by the building
and they are set back from the building façade at least 10
feet. Rooftop mechanical equipment shall be screened.
B. Minimum lot size: 15 acres (including both sides of a public right-of-way,
other than state highways);
C. Minimum lot width: 400 feet;
D. Minimum lot frontage: 400 feet;
E. Maximum lot coverage:
(2)
Impervious surface coverage — 80%.
F. 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.
G. 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.
H. Parking structures and garages, underground and/or above ground,
are permitted as an accessory use in accordance with the following
requirements:
(1)
Maximum Height: five levels — 70 feet as measured from
average grade to the top of the top parking surface. Rooftop mechanicals
may be an additional 15 feet in height;
(2)
Minimum setback to property lines: 25 feet;
(3)
Minimum setback to residential zone: 200 feet;
(4)
The façade of the parking structure shall be comprised
of at least two materials and/or finishes which are designed to break
up the façade into sections;
(5)
Predominate exterior façade materials shall be high quality
materials including, but not limited to, brick, sandstone, concrete
masonry units, or precast concrete;
(6)
Each uninterrupted architectural section of the façade
shall not exceed 100 feet in width between visual breaks;
(7)
Each section must contain materials that vertically articulate
the levels of the structure;
I. Loading spaces shall be provided as appropriate and screened to the
extent practicable and shall not be located in any front yard.
[Amended 4-10-2023 by Ord. No. 2023-15]
A. 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.
(1)
Between any motor vehicle service station and another motor
vehicle service station, or motor vehicle repair garage, a distance
of not less than 2,600 feet.
(2)
Between any and another motor vehicle repair garage and any
other motor vehicle repair garage or motor vehicle service station,
a distance of not less than 2,600 feet.
(3)
Between any convenience store and any other convenience store,
a distance of not less than 2,600 feet.
(4)
No approval of a second motor vehicle service station, motor
vehicle repair garage or convenience store within the distances prescribed
above of an existing similar facility by either variance or an approved
use in another zone shall render the existing facility subject to
the minimum distance requirement above. That is, any expansion or
reconstruction of the existing facility shall be treated as if it
were the only facility within the prescribed distance.
B. 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.
Within any HCC Zone District, the following additional restrictions
and limitations shall apply with respect to such of the conditional
uses as are set forth herein. With respect to the new car dealer establishments:
A. 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.
B. 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.
C. 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).
D. 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.
E. 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.
F. Rooftop storage. Inventory vehicles for new car dealer establishments
may be stored on the roof of the building on the lot, provided that:
(1)
Such storage area or structure complies with all other ordinances
of the Borough of Paramus;
(2)
In the case of rooftop or double-deck storage of vehicles, said
vehicles are screened with design block or other architectural screening
with safe and adequate exits and entrance ramps and aisles; and
(3)
The total building coverage on the lot or lots is not less than
15% nor more than 40% of the total area of said lot or lots, including
any vehicular storage structures thereon.
G. 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.
H. Expansion of existing new car dealer establishments.
(1)
Any new car dealer establishment may expand any existing building
or erect a new building or acquire property to expand its operation,
provided that any such expansion of an existing building or any such
erection of a new building shall comply with this chapter and all
other applicable Borough ordinances, and provided further that any
expansion by acquisition or use of additional land:
(a)
Shall be for parcels or lots contiguous to the existing business
lot.
(b)
With respect to the existing lot and such additional parcels
or lots, shall not result in an aggregate area of more than four acres.
Site plan approval by the Land Use Board shall be required for any
such expansion.
(2)
Site plan approval for such expansion of an existing new dealer
establishment shall be further conditioned upon the applicant causing
the existing portions of the premises to be upgraded and brought into
conformance with this section to the extent that the same is physically
feasible. Nothing herein shall be deemed to require an existing new
car dealer establishment to more or relocate an existing building
in order to comply with the provisions of this Chapter.
[Added 6-15-2021 by Ord. No. 2021-22]
Within the HCC Zone District, the following additional restrictions
and limitations shall apply with respect to a Medicinal Cannabis Dispensary:
A. No more than one Medicinal Cannabis Dispensary shall be permitted
in the HCC Zone District.
B. 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.
C. For purposes of determining required parking, dispensaries shall
be classified as "Commercial Retail".
D. Drive-throughs shall be prohibited at Alternate Treatment Centers.
E. 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.
F. No medicinal cannabis, or cannabis-infused product, shall be smoked,
eaten, or otherwise consumed or ingested on the premises of any Alternate
Treatment Center.
G. A Medicinal Cannabis Dispensary shall not be located in a home, apartment,
or condominium.
H. 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:
(1)
A general description of the proposed structure in which the
facility will be located, including co-tenancy (if in a multi-tenant
building), total square footage, description of ingress and egress,
proposed exterior lighting plan, and building code compliance;
(2)
The proposed days and hours of operation, the anticipated building
occupancy capacity, and the average number of customers and employees
anticipated to frequent the facility on a daily basis;
(3)
The anticipated parking demand and parking plan per the applicable
Schedule of Off-Street Parking Requirements and available private
parking supply.
(4)
A traffic management plan depicting on-site traffic circulation,
stacking, and queuing, and demonstrating the manner in which the facility's
traffic will be managed so as to minimize the impact on adjacent roadways
and neighborhoods;
(5)
A depiction of the site design, including access points and
internal site circulation;
(7)
A plan for disposal of refuse including disposal of any cannabis
or cannabis byproducts that are not sold to a purchaser or registered
qualifying patient or caregiver which disposal method protects any
portion thereof from being possessed or ingested by any person or
animal, and which complies with applicable federal, state, and local
regulations;
(8)
A plan describing the mitigation measures and ventilation system
that will be used to prevent any odor of cannabis off the premises;
(9)
The name(s) and location(s) of the offsite cultivation facilities
associated with a dispensary, if any;
(10)
A copy of the current State-approved license, and to the extent
permitted by law, a copy of the operating and security procedures
required by the Act;
(11)
The name and complete contact information of the licensee, its
primary point of contact for the application available to respond
to and cooperate with inquiries and requests made by the Borough Clerk,
and the senior person responsible for management and operation of
the proposed facility, which information shall be promptly updated
as necessary;
(12)
Such other information or documentation as determined to be
necessary to assess compliance with the requirements set forth or
referenced herein;
(13)
An affidavit or certification affirming compliance with all
requirements of state and local law and identifying any matters requiring
variance or waiver relief;
(14)
Applications shall be submitted to the Borough Clerk and will
be deemed complete upon submittal of all documentation and information
described in herein to the satisfaction of the Borough Clerk;
(15)
Subject to the provisions set forth below, an Alternate Treatment
Center's occupancy permit will be allocated to an applicant on a reserve
basis based on the order the completed Dispensary Applications are
received;
(16)
Upon the Borough Clerk's receipt of a completed Dispensary Application
for an available dispensary occupancy permit, said available occupancy
permit shall be temporarily reserved for the applicant at the location
designated until such time that the application is withdrawn by the
applicant or deemed expired. Minimal progress for a period of three
or more months relative to obtaining the reserved available dispensary
occupancy permit shall constitute a basis to deem the application
expired; and
(17)
No Dispensary Applications will be received or considered during
a period when one dispensary occupancy permit has been issued or reserved.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. 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.
O. 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.