[Added 9-5-2024 by Ord. No. 2455-24]
Regardless of whether the City of Passaic or any duly constituted City board, agency or department is acting in or pursuant to the performance of a governmental or proprietary function, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone as set forth in this chapter, it being the intention of this subsection that whatever the City may authorize to do shall constitute a functional government and that whenever the City shall act, pursuant to granting authority, it acts as government and not as a private entrepreneur.
While exempt from formal zoning approvals, the City of Passaic shall exercise this authority reasonably, with consideration for:
A. 
The kind of function or land use involved.
B. 
The extent of the public interest to be served.
C. 
The impact on surrounding properties.
D. 
The deviation from the City's zone plan.
E. 
Consideration of alternative sites.
Prior to exercising its authority under this article for significant projects, the City shall:
A. 
Conduct a courtesy review by the Planning Board.
B. 
Hold a public hearing to allow meaningful public input.
C. 
Consider expert testimony and analysis.
D. 
The resolution of approval shall document the decision-making process, including alternatives considered.
When the City enters into partnerships with private entities for projects on municipal property:
A. 
The primary purpose must serve the public interest.
B. 
Private entities may share in the City's zoning exemption if the public benefit outweighs private gain.
C. 
The City shall consider:
(1) 
Reasons for the partnership.
(2) 
Public interest served at the particular location.
(3) 
Nature of the private enterprise.
(4) 
Balance of public benefit against private gain.
This article does not exempt the City from:
A. 
State and federal regulations.
B. 
Environmental protection laws.
C. 
Historic preservation requirements.
D. 
Other applicable non-zoning local ordinances.