[Adopted 12-6-2016 by Ord. No. 2016-08]
A.
Within the HCC Zone, no building, structure or area or lot or land
shall be used in whole or in part for other than one or more of the
permitted uses expressly set forth herein or accessory uses accessory
and subordinate to the permitted uses and conditional uses expressly
set forth herein.
B.
Permitted uses shall include all uses not prohibited in Article VII, Uses Prohibited in All Zones, residential uses permitted in the residential zone districts (R-50, R-75, R-100, R-150 and R-2F), and as expressly prohibited in this Article. Permitted uses include as follows:
(1)
All permitted uses identified in the NB (Neighborhood Business)
Zone and the LB (Limited Business) Zone;
(2)
Hotels and convention centers;
(3)
Retail stores used for the sale of merchandise, wholesale salesroom;
(4)
Personal service establishment;
(5)
Restaurants;
(6)
Shopping centers and malls;
(7)
Movie theaters;
(8)
Art galleries and museums;
(9)
Medical, professional and administrative offices;
(10)
Medical and Dental clinics;
(11)
Adult day-care and child day-care facilities;
(12)
Business or professional offices, office buildings, banks;
(13)
Health and Fitness facilities, exercise or health clubs, gymnasium
or athletic establishment, indoor swimming pools;
(14)
Funeral homes;
(15)
Business or Vocational Schools (except for the teaching of any trade or occupation prohibited in Article VII, Uses Prohibited in All Zones);
(16)
Commuter parking/transportation terminal;
(17)
Motor vehicle service and repair; automotive supply and service
establishments and filling stations;
(18)
Recreation and recreational facilities;
(20)
Hospitals and health care facilities campus, subject to the
provisions of
(21)
Assisted living, skilled nursing, long-term acute care, dementia
or memory care facilities;
(22)
Research laboratories provided the same do not involve any hazardous
or toxic substances unless off-site disposal pursuant to NJDEP regulations.
The above permitted uses are by way of example and not limitation.
(23)
Medicinal Cannabis Dispensary.
[Added 1-19-2021 by Ord.
No. 21-01; amended 6-15-2021 by Ord. No. 2021-22]
C.
Multifamily residential shall be a conditional use within the HCC
Zone subject to the conditions set forth herein.
[Amended 12-15-2020 by Ord. No. 20-34; 12-6-2022 by Ord. No. 2022-28; 2-14-2023 by Ord. No. 2023-03]
(1)
Other than deed-restricted affordable housing units/apartments,
no unit or apartment may contain three bedrooms or more.
(2)
Every multifamily residential development shall include a ground-level
retail component, which retail component shall have a minimum depth
of 40 feet.
(3)
Building and structure heights. The maximum building height
shall be no more than 60 feet above the finished mean grade measured
six feet from the building. The maximum building height shall be exclusive
of elevator tower, stair and walkway enclosures, HVAC equipment and
other roof appurtenances (including parapet). Such roof appurtenances
shall not exceed the building height limit by more than 12 feet.
(4)
The maximum density shall be 24 dwelling units per acre comprising
the development parcel.
D.
Self-storage
facilities shall be permitted as a conditional use in the HCC Zone,
subject to the following conditional use provisions:
[Added 2-28-2023 by Ord. No. 2023-07]
(1)
Minimum lot area: Two and one-half acres.
(2)
A self-storage building shall be set back:
(a)
A minimum of 500 feet from any state highway right-of-way as
measured from the location where the vehicular access driveway intersects
with said state highway;
(b)
No closer than 10 feet to any highway interchange ramp right-of-way,
provided that the ramp does not provide site access; and
(c)
Shall in all other ways be subject to the principal building
setbacks for the HCC zone.
(4)
Maximum combined building coverage of all buildings on lots
containing a self-storage use and other principal permitted use(s)
shall be 35%.
(6)
A minimum of one parking space per 10,000 square feet of floor
space, plus one space per employee on a maximum shift shall be provided
to serve the self-storage building. If the calculation of the number
of required parking spaces results in a fractional space, the fraction
shall require one additional space.
(7)
Accessory buildings not exceeding 20 feet in height shall be
permitted for purposes including drive-up storage sheds for lease
or for property maintenance and in all other ways shall be subject
to the bulk requirements of the HCC Zone for principal buildings.
(8)
No outdoor storage of goods, materials or equipment of any kind
shall be permitted.
B.
The following accessory uses are permitted ancillary to a permitted,
conditional, or other accessory use:
(1)
Parking structures;
(2)
Billiard room, bowling alley and game rooms as part of shopping center
or mall;
(3)
Amusement game machines as part of a shopping center or mall, and not to exceed one percent of the aggregate space/square footage available for lease by retail tenants and subject to the provisions of Section 429-130 below;
(4)
Used car sales and dealerships as part of a new car dealership;
(5)
Storage of materials and supplies provided that the same are within
an enclosed building;
(6)
Truck loading spaces;
(7)
Helipad; and
(8)
Towing associated with an automobile repair or service facility
or operated by a tower licensed by the Borough of Paramus, provided
such use is appropriately screened.
A.
Parking structures are a permitted accessory use in the HCC Zone
subject to the following:
(1)
Maximum height: 60 feet as measured to the top of the highest
parking surface provided however, rooftop mechanical may extend an
additional 15 feet;
(2)
Minimum front yard setback: 40 feet;
(3)
Minimum side yard setback: 30 feet, provided, however, if a
parking structure faces any residential zone district (R-50, R-75,
R-100, R-150 and R-2F), the minimum side yard shall be not less than
the greater of 100 feet or three (3) times the height of the parking
structure;
(4)
Minimum rear yard: 40 feet, provided, however, if a parking
structure faces any residential zone district (R-50, R-75, R-100,
R-150 and R-2F); the minimum rear yard shall be not less than the
greater of 100 feet or three (3) times the height of the parking structure;
(5)
Parking structures shall be architecturally screened and the
façade of the parking structure shall be comprised of at least
two materials and finishes which are designed to break up the façade
into sections;
(6)
Predominate exterior façade materials shall be high quality
materials including, but not limited to, brick, sandstone, concrete
masonry units, or precast concrete, that are tinted and textured;
(7)
Each uninterrupted architectural section of the façade
shall not exceed 100 feet in width between visual breaks;
(8)
Each section must contain materials that vertically articulate
the levels of the structure;
(9)
Parking structures shall not be included for the purposes of
calculating building lot coverage;
(10)
Any area landscaped as of the adoption of this Chapter intended
to be covered by a parking structure must be replaced by new landscaping
elsewhere in the property. Such new landscaping shall not count towards
the satisfaction of any planting or buffer requirements set forth
elsewhere in this Chapter.
(11)
In all zones, all parking decks shall have a minimum vehicle
clearance of 10 feet on the first floor and shall be structurally
designed to accommodate an emergency vehicle with a gross vehicle
weight of 12,000 pounds with two axles and four wheels on the rear
axle. In addition, all parking garages shall include an elevator that
opens to the interior of the garage on the first floor and is able
to accommodate a stretcher of at least 84 inches. All parking decks
other than the first floor shall have a minimum clearance of seven
feet six inches. In determining the clearance height, EXIT signs which
are not located in the drive aisles shall not be included.
[Amended 12-6-2022 by Ord. No. 2022-29; 2-14-2023 by Ord. No. 2023-04]
A.
All parcels, lots and structures in the HCC Zone shall conform to
the following requirements:
(1)
Maximum building height: 60 feet;
(2)
Minimum lot area: 21,780 square feet;
(3)
Minimum lot width: 200 feet;
(4)
Minimum lot frontage: 200 feet;
(6)
Minimum front yard setback: 25 feet;
(7)
Minimum side yard: 10 feet except*
(8)
Minimum rear yard: 25 feet except*
*For any parcel or lot abutting a residential zone district
(R-50, R-75, R-100, R-150 and R-2F) and/or any conservation/recreation
zone (CR) which is set forth elsewhere in this Chapter.
(9)
Notwithstanding the above, the maximum height for any hotel
connected to or above a mall shall be 8 stories/96 feet.
(10)
In applying the above standards (other than height), the Land
Use Board shall permit deviations from the strict application of the
bulk standards if a proposed development represents an adaptive re-use
of all or a portion of any existing development parcel.
[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.
A.
The following minimum parking requirements shall apply to all uses
within the HCC Zone.
(1)
Office buildings, administrative, professional: 3 spaces per
1,000 square feet;
(2)
Malls: 4.5 spaces per 1,000 leaseable square feet;
(3)
Retail, shopping centers with 25% or more of the usable square
feet occupied by restaurants: 5 spaces per 1,000 leaseable square
feet;
(4)
Retail, shopping centers with less than 25% of the usable square
feet occupied by restaurants: 4.5 spaces per 1,000 leaseable square
feet;
(5)
Hospitals: 3.5 spaces per bed;
(6)
Long-term acute care facilities: 0.5 spaces per dwelling unit
or bed;
(7)
Memory or dementia care facilities: 0.5 spaces per dwelling
unit or bed;
(8)
Assisted living facilities: 0.5 spaces per dwelling unit or
bed;
(9)
Skilled nursing facilities: 1 space per 3 beds;
(10)
Health, wellness, fitness facilities: 4.5 spaces per 1,000 square
feet of floor area;
(11)
Stand alone medical offices/uses: 6 spaces per 1000 square feet;
(12)
Multi-family: pursuant to the RSIS;
B.
A shared parking approach shall be permitted and encouraged as a
means to reduce the total parking supply that would otherwise be required
based upon the above parking ratios. Shared parking takes advantage
of variation in the periods of maximum usage among different land
uses, allowing different uses to share the same given parking spaces
if they have different time-of-day or day-of-week peak usage patterns.
If a shared parking approach is followed, the applicant shall
provide a shared parking study for review and approval by the Land
Use Board, documenting the rationale and calculations for the lower
parking supply. The study shall include survey statistics and factors
documenting the requested reductions in parking supply. As a result
of this study, the Land Use Board shall have the power and authority
to approve a reduction in the number of required parking spaces, without
a variance being required or require additional parking spaces to
be provided to accommodate the proposed uses.
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;
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.
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
building, or in the case of a multi-unit building, for each unit,
residential or non-residential, to be served by any new connection
to the public sewer or an anticipated increase in flow from an existing
building in the HCC Zone.
B.
The purpose of the sewer connection charge is to provide for a fair
payment towards the capital cost of the public sewer system pursuant
to N.J.S.A. 40A:26A-11.
C.
The fee shall be paid in full to the Borough prior to the issuance
of a construction permit issued in accordance with the Uniform Construction
Code. In the event a connection is made without prior payment thereof
for any reason, the sewer connection fee shall constitute a first
lien upon the benefited property and shall bear interest as set forth
in N.J.S.A. 40A:26A-12 and as otherwise provided by law. This shall
be in addition to any violations, penalties or other remedies otherwise
provided by law.
D.
The following schedule of fees is hereby established pursuant to
this Article:
Sewer connection per dwelling unit: $2,000.00
Sewer connection for non-residential/commercial for every 5,000
square feet of development or portion thereof: $2,000.00
A.
Amusement game machines and arcades are permitted accessory uses
in shopping centers and malls provided the same are limited to no
more than one (1%) percent of the aggregate space/square footage available
for lease by retail tenants and are subject to the provisions set
forth below.
(1)
GAMES AND AMUSEMENT DEVICES
GAMES ARCADE
The following terms are defined as follows:
Any electric, mechanical, computerized, electronic or other
device, machine or implement which is either designed and intended
or used, operated or maintained as a game, amusement or means of entertainment,
including but not limited to the following: pinball machines, shooting
galleries, computerized games, electronic games, skilled boards, billiard
or pool tables, electronic bowling or shuffleboard tables, and casino-type
games or bagatelle or any other similar games of skill or chance.
Also included within the definition are coin-operated mechanical or
electronic musical devices which are commonly referred to as "jukeboxes."
Any lot, premises, facility, building or structure, open
to the public, in which three or more electronic or mechanical games
or amusements, billiard or pool tables or any other games or amusement
devices of any kind as such terms are defined herein or any combination
of three or more such games or devices as aforesaid are situated,
stored, possessed, operated, used or maintained and for which a fee
is charged, directly or indirectly or by membership, ticket or indirect
fees, either for admission to any such place or premises or for access
to or use of any games or amusement devices as aforesaid.
B.
Placement and location of amusement games and devices. Every game
and amusement device within the Borough shall be so situated and placed
within and upon a premises that it shall not:
(1)
Block or otherwise obstruct any window, door, doorway, ventilating
duct, fire exit, boiler, furnace, radiator, baseboard or other heater
device, stairs or stairway, toilet or other sanitary facility.
(2)
Obstruct or encumber or otherwise interfere with the free, clear
passage of any person into, through or from such purposes.
(3)
Have an open, unobstructed area surrounding such game or device,
from floor to ceiling, of not less than five feet, measured from each
of the actual exterior sides of every such game or device, except
the one side, and no more than one side, which is placed near or against
a wall or partition.
C.
Location restrictions:
(1)
It shall be unlawful for any person to own, lease, sore, possess,
use, operation or maintain any game or amusement device for business
and commercial purposes except as herein provided:
(a)
Any area of the Borough which is zoned for a use classification
other than the HCC business classification under this Chapter.
(b)
Any area within a radius of 1,500 feet of any school, nursery,
day-care center, church, synagogue, public park or playground, library,
hospital or clinic, public building, community center or nursing home.
D.
It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain more than three games or amusement devices for business or commercial purposes in or upon the premises within the Borough of Paramus or to own, lease, store, possess, use, operate or maintain any such game or amusement device except in conformity with the provisions of this Chapter and unless licenses and permits have previously been obtained therefor as provided for in Chapter 165, Amusement Devices and Arcades.
[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:
(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;
(6)
A proposed signage plan;
(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.
A.
No person shall construct any building or structure in the HCC Zone
District in violation of the restrictions, limitations and requirements
of this Chapter.
B.
No person shall use any building or structure or lot or area in the
HCC Zone District in violation of the restrictions, limitations and
requirements of this Chapter.
C.
Lawful prior nonconforming uses or structures may be continued only
to the extent required by State law, but not otherwise.
D.
Additions and alterations to existing nonconforming uses and structures
shall be permitted in accordance with the restrictions, limitations
and requirements of this Chapter. An existing nonconforming structure
may be altered without the need for variance relief for the nonconforming
condition, provided that the condition that is not conforming is not
being altered.
