[§§ 429-104—429-115 adopted 12-6-2016 by Ord. No. 2016-08]
No accessory building in any business zone may be constructed
or used for dwelling purposes or for any use not expressly permitted
by this Chapter in the zone in which the building is located or proposed
to be located.
Tents for use in all commercial zones used to display wares
or for any other use or purpose in connection with commercial property
are prohibited except on a temporary, by-event basis, as expressly
permitted by the Governing Body.
A.
No accessory building in any business zone shall be erected within
12 feet of the main building on the lot nor within 12 feet of any
other building on the lot.
B.
In every business zone an accessory building may not be located in
any area on a lot where a main building could not be located under
the provisions of this Chapter requiring minimum open spaces, front
yards, side yards, rear yards, required planted areas and required
minimum distance to residential zone lines. An underground parking
area, however, may be located underneath the required planted buffer
area, required planted area, required minimum side yards, required
minimum front yard setback and required minimum rear yard setback.
C.
An accessory building shall not be erected in any front yard. On a corner lot an accessory building shall not be erected closer to the street than any main building or other building on the lot or any other proposed main building or other building on the lot. The provision is in addition to requirements set forth in Subsection A above.
D.
Trailers shall not be permitted to be utilized as accessory structures
used in any business zoning district. A trailer shall be defined as
wheel-based structure that is customarily used for the transportation
or storage of goods or materials, including box containers that have
been temporarily or permanently removed from the chassis of a truck.
E.
No trailer may be temporarily or permanently used for the storage
of materials in any commercial or industrial zoning district except
as may be provided by the provisions of other Borough ordinances governing
temporary storage container or PODS.
F.
Nothing in this section shall be construed to prohibit trailers from
hauling, loading or unloading merchandise in the normal course.
G.
Trailers may be used for construction offices and for the storage
of materials on a job site that is under construction, however, such
trailers may only be utilized during the construction phase of the
development and shall be removed at the completion of the project
or within 45 days if no construction activity has occurred on the
site.
In any business zone where an accessory building is permitted,
the accessory building shall not cover more than 10% of the total
area of the lot or more than 50% of the area of the rear yard, whichever
is the more restrictive. This provision, however, shall not apply.
A.
With respect to underground parking facilities as an accessory use
or to a parking building as an accessory use to a permitted. A parking
structure may cover not more than 25% of the total area of the lot,
provided that the building is screened by the use of permanent relatively
maintenance-free materials on each parking level so that the vehicles
are substantially obscured from view within the building and are subject
to provisions of this Chapter and the provisions governing the HCC
and HCC-2 Zones, as the same pertains to parking structures.
B.
Unless expressly set forth by the terms of a lawful grant of a use
variance, a variance granted for the use of any property in any business
zone shall not include a variance for any accessory building or any
accessory use other than the accessory use permitted by ordinance
in the zone in which the property is located.
A.
Even if a specific plan showing the location of the building and
side yards and rear yards is presented with the application, the approval
of a use variance shall not constitute approval of the building, side
yards, rear yards, front yards or any other ordinance requirement
and shall not constitute a variance from any ordinance requirement
unless the specific variance has been applied for and has been specifically
approved.
A.
An access driveway leading to the rear of the lot may be located
within a required side yard on the same lot.
B.
The access driveway shall be not less than 12 feet wide for one-way
traffic and not less than 24 feet wide for two-way traffic.
C.
A driveway in any residential district used or designed to be used
to provide access, ingress or egress for a use not permitted in any
residential zone is prohibited.
D.
Driveway entrances to the main building and to accessory parking
areas shall be clearly visible from the public street and not within
75 feet of any street intersection.
The Land Use Board, at its discretion, may impose side yard
requirements different from those set forth hereunder, if:
A.
The area within the proposed side yard is not topographically suitable
for ingress or egress by motor vehicles such as fire engines and police
cars; and
B.
Adequate access for motor vehicles such as fire engines and police
cars is provided to the rear of the lot and any buildings erected
or proposed to be erected thereon.
No building permit for any proposed new building, structure
or addition to an existing building or structure nor any new certificate
of occupancy for a change of use shall be approved or issued for any
property in any business district unless the applicant provides the
planted area required by this Chapter.
A.
If prior to the effective date of this Chapter:
(1)
A lot was lawfully create in conformity with the then existing ordinances
of the Borough of Paramus or was lawfully created prior to the zoning
ordinances of the Borough of Paramus, but the lot size is less than
the minimum lot size for the business district within which the lot
is located, then, in such event, a building may be constructed thereon
without obtaining a variance, provided that the proposed use and proposed
building do not violate any other provisions of this Chapter or any
law or ordinance governing the proposed building, provided that the
owner owns no adjacent lot which could be combined with the subject
lot to provide a complying lot without creating any zoning violations
thereby.
(2)
A lot was lawfully created in conformity with the then existing ordinances
of the Borough of Paramus or was lawfully created prior to the enactment
of any Zoning ordinances in the Borough of Paramus, but the lot width
or its frontage is less than the minimum lot width required by this
Chapter for the district within which the lot is located or the lot
so created has less than the lot width and frontage required in said
district, then, in any of such cases, a building may be constructed
thereon without obtaining a variance, provided that the proposed use
and proposed building do not violate any other provisions of this
Chapter or any law or ordinance governing the proposed building, and
provided also that the owner owns no adjacent lot which could be combined
with the subject lot to provide a complying lot without creating any
zoning violations thereby.
B.
If prior to the effective date of this Chapter, a building was constructed
in accordance with the zoning ordinances of the Borough of Paramus
or was constructed before the first zoning ordinances of the Borough
of Paramus and the present owner proposes a new addition to the building
and the present building violates one or more of the following restrictions:
minimum front setback; minimum width of each side yard; minimum total
of side yards; and minimum open space in rear yard; then the Land
use Board, on application for site plan approval, shall allow the
addition, provided that:
(1)
The present use of the property and building is a permitted
use within the business zone.
(2)
The proposed additional structure is proposed for a permitted
use within the zone.
(3)
The planted area required by this Chapter and the buffer area,
if required by this Chapter for the particular lot, is to be provided
or has already been provided, and in each case, in conformity with
the requirements of this Chapter.
(4)
The proposed addition, together with the other buildings or
structures, will not occupy more than the maximum percentage of building
coverage allowed by this Chapter.
(5)
The addition does not have more than 1/3 of the floor area of
the existent building.
(6)
The minimum distance of the addition from any residential zone
line is not less than the distance required for the district within
which the lot is located.
(7)
The present building was constructed in accordance with and
in compliance with the existing zoning ordinances of the Borough of
Paramus and no changes were made thereafter in violation of the zoning
ordinances of the Borough of Paramus.
(8)
The building on the lot was not previously permitted to be enlarged
and was enlarged in accordance with the provisions of a part of the
previous zoning ordinances that permitted an expansion of an existing
building without a variance where the location of the same would otherwise
be in violation of the minimum setback, side yard, total of both side
yards, or rear yard distance of building to residential zone line.
(9)
The proposed addition complies with the minimum front yard setback,
side yard setback, total of both side yard setbacks and rear yard
setback that was in effect immediately prior to the passage of Ordinance
No. 73-36 for the zone in which the property was then located and
the proposed addition would not create any additional types of violations
with respect to the setbacks referred to in this section under such
prior ordinance.
The industrial use or the storage of radioactive materials is
prohibited in all zones. However, this prohibition shall not apply
to hospitals or clinics, nor to X-ray equipment used by physicians,
dentists, or other medical practitioners.
Outdoor storage, where existing as a nonconforming use or permitted
by variance, shall be such as not to constitute a nuisance by providing
harborage for rodents or insects.
There shall be no maximum floor area ratio in any business zone;
however, the density permitted in any business zone shall be limited
by compliance with all bulk standards (side yard, front yard, and
rear yard requirements), maximum building coverage, maximum impervious
coverage, maximum height requirements, together with providing sufficient
parking for the proposed use(s), or with respect to multi-family use
in the HCC, maximum dwelling units per acre.
