A.
This article sets forth the standards which shall be used by the Planning Board in reviewing applications for conditional uses. The uses to be considered conditional uses in each zoning district are set forth in this article and in the Schedule of Regulations in Article IV.[1] The procedure for review and approval of conditional uses
by the Planning Board are set forth in Ordinance No. 361-77 of the
City of Passaic,[2] and the Municipal Land Use Law (Chapter 291 of the Laws
of 1975),[3] including requirements for public notice, notice to all property owners within 200 feet of the subject property and a public hearing by the Planning Board. All conditional uses shall require site plan approval by the Planning Board according to the procedures and standards set forth in Article VIII, Site Plan Approval, and the Municipal Land Use Law (Chapter 291 of the Laws of 1975).
B.
The general standards for review of all conditional
uses shall be:
(1)
That the Planning Board shall first determine that
the proposed use shall not be detrimental to the health, safety and
general welfare of the community.
(2)
That the proposed use shall be reasonably necessary
for the convenience of the community.
(3)
That the proposed use shall not create a fire, traffic
or safety hazard.
(4)
That the proposed use or structure shall not have
an adverse effect on the neighborhood in which it is proposed.
(5)
[4]The use shall provide safe and efficient vehicular and
pedestrian circulation with access and egress designed to eliminate
any traffic safety hazards entering and exiting the site and so designed
as not to cause traffic congestion on abutting streets.
[4]
Editor's Note: Former Subsection B(5), which
concerned off-street parking and loading spaces, as well as Subsection
B(6), which concerned buffer strips, were repealed 9-19-1987 by Ord.
No. 990-87, which ordinance also redesignated former Subsection B(7)
as B(5).
The following conditional uses shall be permitted
in all zones:
A.
Houses of worship and related accessory uses:
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 20 feet.
(5)
Minimum side yard: 15 feet each; 20 feet if corner
side yard.
(6)
Minimum rear yard: 10 feet.
(7)
Maximum building height: three stories or 35 feet.
(8)
Maximum lot coverage: 35%.
B.
Railway passenger stations. The use shall comply with
the general standards of this article.
C.
Transformer stations, sewage and water pumping stations
or public utility installations.
(1)
The proposed installation shall meet the requirements
of the Board of Public Utilities.
(2)
The proposed installation shall harmonize with the
character of the neighborhood in which it is proposed and shall have
adequate fencing, safety devices, screening, landscaping and front,
rear and side yard setbacks to protect adjoining properties.
(3)
Adequate off-street parking shall be provided to serve
all employees and service personnel visiting the installation.
(4)
Access and egress shall be designed so as not to produce
a traffic safety hazard and so as not to cause traffic congestion
on the abutting streets.
D.
Public, private and parochial schools:
E.
Public or quasi-public buildings:
F.
Wireless telecommunications towers and antennas.
[Amended 4-6-1995 by Ord. No. 1323-95; 1-6-2003 by Ord. No. 1556-02]
(1)
This subsection applies to all freestanding radio
and television receiving and transmitting towers; roof towers exceeding
a height of 15 feet above the roofline; satellite dishes larger than
four feet in diameter in residential districts and satellite dishes
larger than seven feet in commercial districts.
(a)
Freestanding installations must meet all setback
requirements of the zone for accessory buildings and height limitations
for principal buildings.
(b)
The installation shall comply with the general
standards of this article.
(c)
Satellite dishes below above maximum diameter
must obtain any necessary UCC approvals.
(d)
Satellite dishes larger than four feet in diameter
in residential districts shall be placed on a lot only in a rear yard
and subject to the general setback requirements of this article; provided
however, that on a preponderance of the evidence showing by an applicant
that a reasonably satisfactory signal cannot be obtained in either
the rear or side yard, the Planning Board may permit the satellite
dish to be located on the roof of any principal or accessory building.
(2)
Cellular antennas and towers.
(a)
Purpose. The purpose of these regulations for
the siting of wireless telecommunications towers and antennas related
to the use of cellular telephones is to: protect residential areas
and land uses from potential adverse impacts of towers and antennas;
encourage the location of towers in appropriate locations; minimize
the total number of towers throughout the community; strongly encourage
the joint use of tower sites as a primary option rather than construction
of single-use towers; encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal; encourage users of towers and antennas to
configure them in a way that minimizes the visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques; enhance the ability of the
providers of telecommunications services to provide such services
to the community quickly, effectively and efficiently; consider the
public health and safety of communications towers; and avoid potential
damage to adjacent properties from tower failure.
(b)
Antennas and towers permitted on City of Passaic
property. Wireless communications towers and antennas which are located
on property owned, leased or otherwise controlled by the City of Passaic
and which are approved by the Council of the City of Passaic shall
be deemed to be permitted as a municipality facility in any zone district.
(c)
Cellular antenna and tower zone restrictions.
[1]
Cellular antennas and towers are prohibited
in the following zones: R-1, R-2, R-1A, R-3, PD-1, PD-2, PD-3, PD-4,
O-R and C-R.
[2]
Cellular antennas shall be permitted in the
following zones: C, M-1 and M-2.
[3]
Notwithstanding the provisions of Subsections F(2)(c)[1] and [2] herein, no cellular antenna shall be permitted within a two-hundred-foot radius of any school, hospital or nursing home.
G.
Accessory
dwelling unit.
[Added 3-19-2024 by Ord. No. 2435-24]
(1)
The residence for which the permit is sought shall be a one-family
or two-family residence.
(2)
In no case shall an accessory unit eliminate any of the existing
on-site parking on the lot.
(3)
The accessory dwelling must be located in an attic, basement, ground
floor below the primary unit, and/or above a garage.
(4)
In no case shall the ADU be more than 50% of the living area of a
principal dwelling unit, but no less than 300 square feet, nor have
more than three bedrooms.
(5)
The accessory dwelling may not be situated or contained within a
cellar.
(6)
There shall be no more than one accessory dwelling unit per lot.
(7)
An accessory dwelling unit that is attached to the principal single-family
and/or two-family dwelling shall utilize the same exterior materials
and colors as the principal dwelling. The ADU shall preserve the physical
housing stock and the architectural and landscaping character of residential
neighborhoods.
(8)
The accessory dwelling unit shall be used only for residential purposes.
(9)
Every accessory dwelling unit must contain a twenty-year deed restricted
affordability period:
(a)
Tenants for each accessory unit cannot exceed the maximum income
limits as established annually by the U.S. Department of Housing and
Urban Development (HUD).
(b)
Rents for each accessory unit cannot exceed the rental limits
as established annually by the U.S. Department of Housing and Urban
Development (HUD).
(10)
No accessory structure may be built on any lot on which there
is no principal building or structure.
(11)
Accessory structures shall not exceed the maximum height permitted
in the zone for a one- and/or two-family structure.
[Amended 9-17-1987 by Ord. No. 990-87]
The following conditional use shall be permitted
in the R-2 Zone.
A.
Conversion of a storefront to one or two dwelling
units to provide a maximum of two dwelling units on the site. (If
the conversion shall result in more than two total dwelling units,
a use variance shall be required.)
(1)
There shall first be a finding by the Department of
Community Development that the structure in question is not scheduled
for acquisition by the City of Passaic for any public purpose for
at least two years from the date of the application.
(2)
The new dwelling unit(s) to be created shall comply
with all applicable requirements of the Construction Code, Health
Code, Fire Prevention Code and any other applicable City codes.
(3)
Upon application for conversion, the entire structure
and premises shall be inspected by the Division of Code Enforcement,
and, if determined to be substandard dwelling, all existing code violations
in the entire building shall be corrected prior to the issuance of
a certificate of occupancy for the new dwelling unit(s).
(4)
In cases where the application includes variances
from the requirements of this chapter, such as lot size, density,
off-street parking or building setback, the Planning Board shall carefully
consider that the granting of such variance will not have an adverse
effect on the building or neighborhood in which it is located.
(5)
Application for conversions shall include plans showing
the design and materials to be used on the facade of the building
to effectuate the conversion, a floor plan showing the proposed dwelling
unit(s) as well as the entire floor and a statement by the owner as
to the length of time the store has been vacant.
The following conditional uses shall be permitted
in the R-1A Zone:
B.
Multifamily apartments of four stories or more.
(1)
Minimum lot area: 30,000 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front yard: 25 feet.
(4)
Minimum side and rear yards: 1/3 of building height,
but not less than 15 feet.
(5)
Minimum corner side yard: 25 feet.
(6)
Minimum building height: four stories.
(8)
Minimum open space: 25% of lot area.
(9)
Maximum density: 100 units per acre.
(10)
The use shall be subject to the following additional
requirements:
(a)
A traffic study supplied by applicant which
proves to the satisfaction of the City Engineer and Traffic Division
officer that the street on which the property is located and the nearby
intersections have capacity sufficient to handle the increased traffic
volumes at the existing level of service.
(b)
A drainage study supplied by the applicant which
proves to the satisfaction of the City Engineer that the site will
be adequately drained so as not to have an adverse effect on the surrounding
properties or on the streets to which drainage is directed and proves
to the satisfaction of the City Engineer that the additional runoff
created by the proposed development will not overload the existing
drainage facilities.
(c)
A letter from the Passaic Valley Water Commission
that the existing water supply system can provide adequate service
to the proposed development in terms of quantity of water and in terms
of water pressure.
(d)
A developer is to supply a study of the available
sanitary sewer system and proposed hookup which proves to the satisfaction
of the City Engineer that adequate service will be provided and that
the flow will not overload the existing sanitary sewer system.
(e)
The approval of the site plan by the Passaic
County Planning Board where a development is located on a county road
or where there will be any effect on county facilities.
The following conditional uses shall be permitted
in the R-3 Zone:
B.
Nursing homes.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 1/3 building height but not less
than 15 feet.
(5)
Minimum side yard: 1/3 building height but not less
than 10 feet.
(6)
Rear yard: 25 feet.
(7)
Maximum coverage: 30% by principal buildings, plus
30% by accessory building.
D.
Multifamily apartments of four stories or more.
(1)
Same as in the R-1A Zone and subject to the same requirements.
F.
Conversion of a storefront to one or more dwelling
units.
[Amended 9-17-1987 by Ord. No. 990-87]
(1)
Same as in the R-2 District and subject to the same
requirements, except that a use variance shall not be required where
the conversion results in a total of more than two dwelling units
on the site.
The following conditional uses shall be permitted
in the O-R Zone:
A.
Multifamily apartments of four stories or more.
(1)
Same as in the R-1A Zone and subject to the same requirements.
E.
Multifamily use of 50 or more dwelling units.
(1)
Same as in the R-1A Zone and subject to the same requirements.
F.
Any permitted use having drive-in facilities as part
of the service.
(1)
Bulk requirements shall be as per the requirements
of the zone in the Schedule of Regulations.
(2)
All lining up of cars shall be provided for within
the confines of the subject property and shall not overflow onto adjoining
streets.
(3)
A separate drive-in lane shall be provided which shall
not interfere with the normal operation of the parking facilities
on the site, as determined by the reviewing board.
(4)
The use shall comply with the general standards of
this article.
[Amended 4-18-1985 by Ord. No. 842-85; 10-26-2010 by Ord. No.
1843-10]
The following conditional uses shall be permitted
in the C-R and C-R HD Zones:
A.
Same as in the C Zone and subject to the same requirements.
B.
Multifamily apartments of four stories or more.
(1)
Same as in the R-1A Zone and subject to the same requirements.
C.
Multifamily use of 50 or more dwelling units.
(1)
Same as in the R-1A Zone and subject to the same requirements.
D.
Tennis courts, racquetball courts, squash courts and
health spas in mixed use buildings of four stories or more (residential/commercial)
and offering these facilities to the general public.
F.
Live/work
loft.
[Added 11-9-2010 by Ord. No. 1849-10]
(1)
The definition of "live/work loft" in § 317-10 must be met and preliminary approval obtained from the Zoning Department.
(2)
Live/work
lofts must be on the upper floors and must not be proposed on the
ground floor of a development.
(3)
Live/work
businesses must be registered and valid in the State of New Jersey.
G.
Work and
live artist studio (WALAS).
[Added 11-9-2010 by Ord. No. 1849-10]
(2)
Any
individual residing in a WALAS must be a Planning Board certified
artist. Certifications are valid for five years. Perennial certifications
are allowed. This shall apply to all original and subsequent occupants
of a WALAS.
(3)
Up
to three nonartist family members can reside with the certified artist.
The nonartists shall be included in the artist certification application
and subject to the same requirements.
The following conditional uses shall be permitted
in the C Zone:
A.
Hotels and motor inns.
(1)
Minimum lot area: 40,000 square feet.
(2)
Minimum lot depth: 100 feet.
(3)
Minimum lot width: 150 feet.
(4)
Minimum side yards: 1/3 building height, but not less
than 15 feet.
(5)
Maximum lot coverage: 30% for principal building,
plus 30% for accessory building.
(6)
The use shall comply with the general standards of
this article.
B.
Parking areas required to meet the minimum requirements
and located on a lot other than a lot on which the principal use is
located.
(1)
The applicant shall provide proof of ownership or
a permanent lease for the parking area in question which guarantees
the permanent availability of such a facility.
(2)
The off-site parking shall be located within 500 feet
of the property in question, as measured in the most direct manner
along the public street(s).
(3)
The off-site parking lot shall be located in a zone
which permits the use to be served.
(4)
The off-site parking area shall be suitably screened
from any adjacent residences.
(5)
The off-site parking area authorized under this section
shall not be changed, reduced or eliminated as long as the use it
serves is in existence.
(6)
The off-site parking area shall comply with the general
standards of this article.
D.
Any permitted use of more than 50,000 square feet
of floor area.
(1)
Same as in the O-R Zone and subject to the same requirements.
E.
Any permitted use having drive-in facilities as part
of the service.
(1)
Same as in the O-R Zone and subject to the same requirements.
F.
Any permitted use having parking for more the 100
cars.
(1)
Same as in the O-R Zone and subject to the same requirements.
H.
Advertising signs.
(1)
An advertising sign shall not be located within 1,000
feet (measured along the side of the street on which located) of a
school, a public park or playground, place of public assembly, a residential
zone or another advertising sign.
(2)
An advertising sign shall not be located within 100
feet of a street intersection or access or exit ramp.
(3)
An advertising sign shall not be located on a lot
on which there is a building. Roof-top advertising signs are prohibited.
(4)
An advertising sign shall not be illuminated by intermittent,
rotating or flashing lights nor contain any moving parts.
(5)
An advertising sign shall not use symbols or colors
which are similar in design to standard traffic control devices.
(6)
Advertising signs shall conform to all yard requirements
of the zone in which located.
(8)
An advertising sign shall not project over any portion
of the street or sidewalk nor shall it exceed a total of six square
feet in area for each foot of frontage of the lot on which it is situated.
In the case of a corner lot, the area of the advertising sign shall
not exceed six square feet for each foot of the average of the two
street frontages. Frontage on Route 21 shall not be used in the computation
of allowable sign area. In no case shall an advertising sign exceed
48 feet in width and 16 feet in height. The overall height, including
supporting members, shall not exceed a height of 30 feet above the
grade of the roadway to which it is directed.
(9)
No advertising signs shall be erected on any property
fronting upon a street which separates it from the R-1, R-2, R-1A,
R-3 or O-R Districts.
(10)
Advertising signs shall be limited to the number
in existence at the time of the passage of this chapter and may be
replaced or relocated as permitted in this article within one year
after the sign is destroyed or removed from its original location.
(11)
There shall be no advertising signs in any area
which has been designated and approved for redevelopment as a federal
or City urban renewal area.
I.
Roof-top business signs.
(1)
Roof-top business signs shall be limited to the number
in existence at the time of the passage of this chapter and may be
replaced or relocated within the district within one year after the
sign is destroyed or removed from its original location; except that
there shall be no roof-top business signs in any area which has been
designated and approved for redevelopment as a federal or City urban
renewal area.
(3)
Roof-top business signs shall not exceed 13 feet six
inches in height measured from the roof to the top of such signs,
but there shall be at least eight feet clearance from the top of the
roof to the underside of such sign, and any such sign shall have also
have a three-foot clearance on each side thereof, with respect to
the side of the building on which said sign shall be erected, but
in no case shall any sign exceed 48 feet in width. The same restriction
shall apply in the case of a building situated on a corner lot.
(4)
Rooftop business signs shall not contain any moving
parts or be illuminated by intermittent or flashing lights.
(5)
A rooftop sign shall not use symbols or colors which
are similar in design to standard traffic control devices.
J.
Bowling alleys.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot depth and width: 100 feet.
(3)
Minimum side yards: 1/3 building height, but not less
than 10 feet.
(4)
Minimum rear yard: 1/3 building height, but not less
than 10 feet.
(5)
Minimum building height: two stories or 30 feet.
(6)
Maximum coverage: 50%.
K.
Tennis courts, racquetball courts, squash courts,
roller-skating rinks, ice-skating rinks and health spas in buildings
used only for such purpose.
(1)
Bulk requirements shall be the same as for bowling
alleys.
N.
Work and live artist studio (WALAS).
[Added 3-5-1998 by Ord. No. 1435-98;
amended 11-9-2010 by Ord. No. 1849-10]
(2)
Any individual residing in a WALAS must be a Planning
Board certified artist. Certifications are valid for five years. Perennial
certifications are allowed. This shall apply to all original and subsequent
occupants of a WALAS.
(3)
Up to three nonartist family members can reside with
the certified artist. The nonartists shall be included in the artist
certification application and subject to the same requirements.
O.
Live/work
loft.
[Added 11-9-2010 by Ord. No. 1849-10]
(1)
The definition of "live/work loft" in § 317-10 must be met and preliminary approval obtained from the Zoning Department.
(2)
Live/work
lofts must be on the upper floors and must not be proposed on the
ground floor of a development.
(3)
Live/work
businesses must be registered and valid in the State of New Jersey.
P.
Residential loft.
[Added 4-29-2014 by Ord. No. 1982-14]
(1)
Residential lofts must meet the same size and ceiling height requirements
as "live/work loft" but shall not contain more than three bedrooms.
Preliminary approval obtained from the Zoning Department.
(2)
Residential lofts must be on the upper floors and must not be proposed
on the ground floor of a development.
The following conditional uses shall be permitted
in the M-1 and M-2 Zones:
B.
Parking areas required to meet the minimum requirements
and located on a lot other than a lot on which the principal use is
located.
(1)
Same as in the C Zone and subject to the same requirements.
C.
[2]Live/work loft.
[Added 11-9-2010 by Ord. No. 1849-10]
(1)
The definition of "live/work loft" in § 317-10 must be met and preliminary approval obtained from the Zoning Department.
(2)
Live/work
lofts must be on the upper floors and must not be proposed on the
ground floor of a development.
(3)
Live/work
businesses must be registered and valid in the State of New Jersey.
[2]
Editor's Note: Former Subsection C, regarding any permitted
use containing more than 50,000 square feet of floor area, was repealed
10-21-2003 by Ord. No. 1594-03.
D.
[3]Work and live artist studio (WALAS).
[Added 11-9-2010 by Ord. No. 1849-10]
(2)
Any
individual residing in a WALAS must be a Planning Board certified
artist. Certifications are valid for five years. Perennial certifications
are allowed. This shall apply to all original and subsequent occupants
of a WALAS.
(3)
Up
to three nonartist family members can reside with the certified artist.
The nonartists shall be included in the artist certification application
and subject to the same requirements.
[3]
Editor's Note: Former Subsection D, regarding any permitted
use having drive-in facilities, was repealed 10-21-2003 by Ord. No.
1594-03.
E.
Cannabis business.[5]
[Added 5-13-2021 by Ord. No. 2296-21]
(2)
No
part of the lot shall be situated within 1,000 feet, measured along
the street or highway on which located, of a public facility, park
or athletic field and/or public or private school.
(3)
May
also be located in any preexisting industrial use within 1,000 feet
(measured along the street or highway) of an M-1 or M-2 Zone.
[5]
Editor's Note: Former Subsection E, regarding
any permitted use having parking for more than 100 cars, was repealed
10-21-2003 by Ord. No. 1594-03.
F.
Gasoline stations, auto or truck rental establishments,
used car lots, vehicle repair garages and car washes.
[Amended 4-18-1985 by Ord. No. 842-85; 10-21-2003 by Ord. No.
1594-03]
(1)
No part of the lot shall be situated within 1,000
feet, measured along the street or highway on which located, of a
lot occupied by any of the following uses:
(a)
A public or private school or school playground.
(b)
A private or public hospital maintaining at
least 15 beds.
(c)
A church.
(d)
A theater containing at least 100 seats.
(e)
Any place of public assemblage with a seating
capacity of 100 persons or more.
(f)
Athletic field or park.
(g)
A firehouse.
(h)
Any existing gasoline station, auto or truck
rental establishment, car wash or repair garage.
[Amended 4-18-1985 by Ord. No. 842-85]
(2)
Minimum lot area: 10,000 square feet.
(3)
Where such use adjoins a residential use, the residence
shall be screened by an eight-foot-high hedge of evergreens on the
nonresidential lot or a decorative six-foot-high fence, or both, at
the discretion of the reviewing board.
(4)
Other bulk requirements as per the applicable zone.
K.
Tennis courts, racquetball courts, squash courts,
roller-skating rinks, ice-skating rinks and health spas in buildings
used only for such purpose.
(1)
Same as in the C Zone and subject to the same requirements.
M.
Automobile sales.
[Added 9-17-1987 by Ord. No. 990-87]
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot dimensions: as per applicable zone.
(4)
All repairs are to be conducted indoors.
(5)
Where such use adjoins a residential use, the residence shall be screened by a six-foot-high (at time of planting) solid hedge of evergreens planted on the nonresidential lot or a decorative six-foot-high fence on both at the discretion of the reviewing board. See § 317-51F for additional buffer requirements.
(6)
No outside storage other than automobiles shall be
permitted.
(7)
Automobiles shall not be stored or displayed within
10 feet of the front property line. Said ten-foot area is to be treated
with curbs and brick pavers or some other physical demarcation acceptable
to the reviewing board.
(8)
Any proposed used automobile sales shall be conducted
on the same site as the new sales.
N.
Limousine and charter bus depots.
[Added 9-17-1987 by Ord. No. 990-87]
O.
Body piercing establishments subject to the following
conditions:
[Added 5-16-2006 by Ord. No. 1688-06]
