[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.
B. 
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.
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.
A. 
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.
B. 
Application must be made to the Building Department for a permit if any other use is contemplated.
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:
(1) 
Forest Avenue
(2) 
Oradell Avenue
(3) 
Ridgewood Avenue
(4) 
Century Road
(5) 
Farview Avenue
(6) 
Grove Street
(7) 
Howland Avenue
(8) 
Linwood Avenue
(9) 
Midland Avenue
(10) 
Paramus Road
(11) 
Pascack Road
(12) 
Spring Valley Road
(13) 
Continental Avenue
(14) 
Highland Avenue
(15) 
Soldier Hill Road
K. 
Driveways providing for K-turns shall only be permitted on those streets listed in Subsection J above or on the following streets:
(1) 
Brookfield Avenue
(2) 
Circle Drive
(3) 
Concord Drive
(4) 
Haase Avenue
(5) 
Lawrence Drive
(6) 
Roosevelt Blvd.
(7) 
Green Valley Road
(8) 
Glen Avenue
(9) 
McKinley Blvd.
(10) 
Chelsea Street
(11) 
Burnett Place
(12) 
Arnot Place
(13) 
Hemlock Road
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.
[Added 12-2-2025 by Ord. No. 2025-37]
A. 
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 residential building to be served by any new connection or any increase in the anticipated flow to the public sewer in any residential zone.
B. 
The purpose of the sewer connection charge is to provide a fair payment toward the capital costs of the public sewer system pursuant to N.J.S.A. 40A:26A-11.
C. 
The fee shall be paid 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.
D. 
The following schedule of fees is hereby established pursuant to this section:
Item
Fee
Sewer connection for residential properties for every 5,000 square feet of development or portion thereof
$2,000