[Adopted 12-6-2016 by Ord. No. 2016-08]
Within any residential zone (R-50, R-75, R-100, R-150 and R-2F)
unless otherwise provided hereinafter, no building, structure or lot
shall be used in whole or in part for other than one of the following
specified uses:
A.
One-family dwelling used as a residence, but there shall not be more
than one such dwelling on any one lot.
B.
Public library.
C.
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.
D.
Public facilities owned and operated by the Borough of Paramus subject to the provisions of Article XXVIII of this Chapter.
E.
Bedrooms are permitted in basements provided they have exterior egress.
Within any residential zone (R-50, R-75, R-100, R-150 and R-2F)
the following accessory uses shall be permitted, provided that such
use is subordinate and customarily incidental to a permitted use or
to a duly approved conditional use, and provided further that there
shall be no living quarters in any accessory building and accessory
buildings shall not exceed 60% of the land coverage of the main building.
A.
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.
B.
Sign, if permitted by ordinance, provided that a permit has been
duly issued by the Borough.
C.
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.
D.
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.
[Amended 9-12-2017 by Ord. No. 2017-19]
E.
Sheds, decks, patios, swimming pools and hot tubs.
A.
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.
C.
Flagstaffs may exceed maximum height requirements for all zones on
the following conditions:
(1)
They are located on or in front of buildings which front on state
highways or within the HCC and HCC-2 Zones with the Borough of Paramus.
(2)
They do not exceed 80 feet in overall height as measured from the
mean ground level of the lot on which the flagstaff is located.
(3)
They are used only for the display of the flag of the United States
of America.
(4)
There shall be only one pole per lot.
(5)
The size of the flag shall be the size of a post flag (8 feet 11 3/8
inches hoist by 17 feet fly), of nylon, as set forth in United States
Army regulations AR 840-10, Chapter 2, entitled "Flag of the United
States."
(6)
The size of the flag may be the size of a garrison flag (20 feet
hoist by 38 feet fly), of nylon-wool, this flag to be flown only on
holidays as listed in AR 600-25 and other important occasions, as
designated by Presidential proclamation.
The following uses are conditional uses in any residential zone
(R-50, R-75, R-100, R-150 and R-2F):
A.
Church or other place of worship, including parish house or Sunday
school building.
B.
Church school.
C.
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.
D.
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.
E.
Group homes, halfway houses, supervised apartment living arrangements,
hostels and the like.
F.
Facilities for Alzheimer's patients or those suffering from dementia
or other cognitive problems and/or deficits.
G.
Family day-care homes.
H.
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.
In any residential zone (R-50, R-75, R-100, R-150 and R-2F),
any conditional building or use shall conform to the following requirements
as well as any other general requirements for the zone in which the
particular lot is located:
A.
The minimum lot size for churches and schools shall be not less than
two acres.
B.
The minimum lot width for churches and schools shall be not less
than 150 feet.
C.
Buffer areas.
(1)
A buffer area shall be required for churches and schools along each
boundary of the lot that is contiguous to property zoned for residential
use in the Borough of Paramus or any adjacent municipality. The buffer
area shall be 75 feet in width for the entire length of each side
of the lot that abuts any property zoned for residential use in the
Borough of Paramus or any adjacent municipality. In the event that
the buffer area required above would result in a buffer area that
exceeds 15% of the existing total area of the lot, then, in such event,
the buffer area for that lot may be reduced in width so that the same
constitutes 25 feet or 15% of the lot area, whichever is greater.
(2)
The buffer area required shall not be used for any buildings, structures,
paving or parking area or for any other use other than a buffer zone,
except that the Land Use Board may permit entrance an egress paved
driveways to a public street from any buffer area provided in the
front of the lot.
(3)
Buffer areas may be included in any computation to determine that
maximum allowable building coverage for the lot on which the buffer
area exists or is to be created or is required. Buffer areas may also
be included in any computation with regard to a side or rear yard
requirements of this chapter.
(4)
The buffer areas shall be created and maintained with planting and
shade trees as approved by the Land Use Board. A proposed plan showing
the proposed plantings shall be submitted to the Land Use Board for
review. Any lighting in the buffer area shall be so designed as to
not project light in the direction of any other property zoned for
residential use in the Borough of Paramus or any adjacent municipality
(5)
Medical and dental homes and office areas shall provide adequate
buffer strips as a visual screen around off-street parking areas,
as determined by the Land Use Board.
D.
Churches and schools shall comply with the planted area required
as set forth elsewhere in this Chapter.
E.
For churches and schools, no vehicular entrance or exit to public
streets shall be within 75 feet of a street intersection.
F.
Said buffer area shall also apply to any existing County/State correctional
facility which expands its operations beyond the existing security
perimeter.
A.
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.
B.
Any nonconforming use in any residential zone shall comply with the
buffer and planted area requirements set forth elsewhere in this Chapter.
C.
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.
Any lot existing of record as a separate conforming lot on the
effective date of this chapter that does not conform with the lot
size requirements of the residential district within which it is located
may, notwithstanding such fact, be improved with a structure in accordance
with the other regulations applying to the district in which it is
located, provided that the owner owns no abutting land which may be
included as part of the plat to be improved, and provided further
that there is no vacant property contiguous to the lot that, if acquired,
would, when added to the lot, create a lot having more than the minimum
number of square feet set forth for the district within which the
lot is located.
A.
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.
B.
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).
C.
Air-conditioning units and condensers and generators are permitted
inside yards provided they maintain a five-foot side yard setback
from this property line.
D.
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.
E.
Temporary or permanent handicap ramp structures may encroach into
front yard setbacks.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Amended 2-16-2021 by Ord. No. 2021-04; 12-7-2021 by Ord. No. 2021-50]
F.
In the RML Zone, a minimum rear yard setback of 10 feet shall be
maintained for open decks and patios.
[Added 2-16-2021 by Ord. No. 2021-04]
If, prior to the effective date of this Chapter, a residence
was constructed in conformity with the then existing ordinance of
the Borough of Paramus without any variances being necessary; the
lot or building in existence upon the passage of this Chapter does
not comply with the requirements of this Chapter; the present use
of the existing building is in conformity with this Chapter and the
proposed use of the addition and the existent building is in conformity
with this Chapter; and the owner proposes an addition which does not
create any new violation of this Chapter, then such addition shall
be permitted if the proposed addition is in accordance with the requirements
of this Chapter. The above provision shall not apply if the deficiency
is in the minimum lot size if the owner owns adjoining land which
may be included as part of the lot to create a conforming size lot
without creating any new violations thereby.
While there shall be no maximum floor area ratio, the maximum
permitted size of any structure shall be limited by compliance with
all bulk requirements (side yard, front yard, rear yard requirements)
maximum building coverage, maximum impervious coverage and height
requirements.
[Amended 2-7-2017 by Ord.
No. 2017-02; 6-12-2018 by Ord. No. 18-10]
A.
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:
(1)
One-family dwelling or residences: two parking spaces. Each dwelling
unit shall have not fewer than two parking spaces.
(2)
School: one parking space for each employee, plus one parking space
for each five pupils in the 11th and 12th grades, or the number of
parking spaces required below for places of public assembly, whichever
number is greater.
(3)
Permitted places of public assembly; auditoriums shall be as set forth in § 429-189A(2).
(4)
Church: shall be as set forth in in § 429-189A(2).
(5)
Mixed uses: The total requirement of parking spaces shall be the
sum of the requirements of the component uses computed separately
in accordance with the above provisions. Nothing herein contained
shall be deemed to authorize any mixed use not otherwise permitted
in any residential zone.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Driveways shall not be permitted to be paved past the garage wall
toward the front door into the front yard area.
G.
The storage of trailers, water vehicles, stockpiled construction
or landscaping materials, or similar items is not permitted in the
front yard.
H.
The storage of snowplows is not permitted in any front yard from
April 15 to November 15.
All dwellings constructed after enactment of this Chapter shall
include a garage capable of housing at least one car for a one-family
dwelling so that at least one garage shall be available for each dwelling
unit. Such garage shall have an interior dimension, (excluding columns)
sufficient to provide for a parking space of not less than nine feet
in width with a depth of 18 feet and shall otherwise conform to the
requirements of all applicable provisions of all ordinances of the
Borough of Paramus. Any existing dwelling which does not contain a
garage as required above may be expanded, altered, reconstructed or
converted without conforming to the above garage requirements, provided
that such expansion, alteration, reconstruction or conversion does
not exceed 25% of the floor area of the existing dwelling, whether
such garage conforms to the requirements hereinabove or not, shall
not be expanded, altered, reconstructed or converted so as to eliminate
such existing garage. Nothing in this subsection shall be deemed to
prohibit the expansion, alteration, reconstruction or conversion of
an existing dwelling on a lot or lots containing an existing accessory
building used as a garage and conforming to the above requirements.
[Amended 5-11-2021 by Ord. No. 2021-19]
Private swimming pools and hot tub/spa are classified as accessory
to residential dwellings, as hereinafter regulated and restricted
and upon the issuance of a permit therefor by the Building Subcode
Official of the Borough of Paramus. The fee for such permit shall
be computed by the Building Subcode Official as in the case of other
structures.
A.
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:
(1)
For a private swimming pool or hot tub/spa, the inner face of the
side wall of such private swimming pool or hot tub/spa shall not be
located less than 10 feet from any side and rear yard property lines.
(2)
For private swimming pools, the inner face of the side wall shall
not be located less than five feet to any building.
(3)
Where such residential property is a corner lot or where such private
swimming pool or hot tub/spa is to be constructed, installed or maintained
in a side yard, no such private swimming pool or hot tub/spa, nor
any walkways, buildings, structures, equipment or appurtenances thereto
shall be located less than the minimum depth of setback from any street
line required by this chapter for front yards in the zone in which
such residential property is located.
B.
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.
[Amended 12-7-2021 by Ord. No. 2021-50]
C.
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.
D.
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.
E.
All private swimming pools, hereafter constructed, installed or maintained
shall be completely surrounded by a fence or wall in accordance with
the following requirements:
(1)
A minimum of a four-foot-high fence is required to be installed around
a private swimming pool or property that houses a private swimming
pool. Fence requirements for a pool shall meet the present Building
Code for swimming pools.
(2)
The fence or wall herein required shall completely surround said
private swimming pool except that a dwelling house or accessory building
may be used as part of such enclosure.
(3)
Said fence or wall enclosure shall be so designed and constructed
as to reasonably prevent any person from gaining access beneath, through
or over the same.
F.
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.
No private driveway giving ingress or egress to or from a business
or industrial use shall be located, in whole or in part in any residential
district.
Adult uses as set forth in Chapter 149 of the Code of the Borough of Paramus are specifically prohibited in all residential zones.
On the corner lot, within the triangular area determined as
provided in this Article, no wall or fence or other structure shall
be erected to a height in excess of 2 1/2 feet above the gutter
grade, and no vehicle, object or any other obstruction of a height
in excess of 2 1/2 feet, except trees whose branches are trimmed
away to a height of at least seven feet above the gutter grade, shall
be permitted. Such triangular area shall be determined by the intersecting
street corner lines and a diagonal connecting two points, one on each
street center line, each of which points is 75 feet from the intersection
of such street center lines.
A.
No curb cut in any nonresidential zoning district shall exceed 30
feet as measured at the top of the curbing.
B.
No curb cut in any residential zoning district shall exceed 20 feet
measured at the top of the curbing.
[Amended 10-9-2018 by Ord. No. 18-28]
C.
The minimum distance between curb cuts on one lot shall not be less
than 50 feet as measured at the top of the curbing.
D.
No curb cut shall be greater than a width equal to one-third of the
lot's frontage.
E.
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.
[Amended 10-9-2018 by Ord. No. 18-28]
F.
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.
G.
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.
H.
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.
I.
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.
J.
Circular driveways and/or driveways providing for K-turns shall only
be permitted on the following streets:
K.
Driveways providing for K-turns shall only be permitted on those streets listed in Subsection J above or on the following streets:
L.
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.
M.
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.
N.
A driveway must be offset two feet from any side or rear property
line.
O.
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.
P.
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.
[Added 10-9-2018 by Ord.
No. 18-28]
A.
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.
B.
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.
C.
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).
D.
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.
[Amended 2-16-2021 by Ord. No. 2021-06]
E.
Decorative pillars may not be located within the street right-of-way
and shall not exceed three feet in height.
F.
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.
Unless expressly provided elsewhere in this Chapter, there are
no conditional uses in any residential zone.
