Passaic City Zoning Code
ARTICLE II
General Provisions
§ 317-2 Compliance required.
No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose other than is included among the uses listed in this chapter as permitted in the district in which such building or land is located nor in any manner contrary to any of the requirements specified in this chapter.
§ 317-3 Dimensional requirements.
[Amended 12-13-1990 by Ord. No. 1119-90; 4-15-1993 by Ord. No. 1214-93]
A.
No building shall hereafter be erected, reconstructed or structurally altered to exceed in height the limit designated in this chapter for the district in which such building is located.
B.
No building shall hereafter be erected, nor shall any existing building be structurally altered, enlarged, rebuilt or moved, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot width and area, building location, percentage of lot coverage by building area, open space, off-street parking space, off-street loading space and other space and area regulations designated in this chapter for the district in which such building or space is located, subject to such modifications thereof and such general provisions as are set forth in this chapter. In addition, no structures may be constructed, placed or permitted to exist which overhang or protrude over sidewalks, streets or other parts of the public domain or over rights-of-way owned by the City or in which the City has an interest. No exceptions to this provision shall be granted unless the property owner obtains an encroachment permit from the Division of Building Code Enforcement as provided in § 317-51. Approval of the County of Passaic is required in cases where the right-of-way encroachment is on a county road.
§ 317-4 Off-street parking and loading space.
Off-street parking space and off-street loading space shall be provided as specified in Article VII and shall be provided with necessary passageways and driveways appurtenant thereto and giving access thereto. Open space shall be provided as specified in this chapter. All such parking space and loading space, together with such passageways and driveways, and all such open space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner, except as otherwise provided in this chapter.
§ 317-5 Yards and open space.
Except as designated on any site plan approved under the provision of Article VIII of this text and except as provided with respect to off-street parking space as set forth in Article VII, no yard or other open space provided contiguous to any building for the purpose of complying with the provisions of this text shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
§ 317-6 Lots formed from lots already occupied.
Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the requirements of this Zoning Ordinance with respect to the existing building and all yards and other open spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this Zoning Ordinance.
§ 317-7 Existing buildings or construction.
Nothing in this Zoning Ordinance shall be deemed to require any change in the plans, construction or designated use of any building, actual construction of which was lawfully begun prior to the time this Zoning Ordinance or any amendment thereof affecting the same takes effect and on which building actual construction is completed within one year after such time. "Actual construction" shall be deemed to consist of the placing of construction materials in their permanent position; excavation shall not be deemed to be actual construction.
§ 317-8 Principal structures and uses; accessory structures.
[Amended 9-17-1987 by Ord. No. 990-87; 1-6-2003 by Ord. No. 1556-02]
A.
For residential uses, there shall be only one principal structure per lot, except as provided elsewhere in this chapter for dwelling groups and planned developments.
[Amended 1-13-2021 by Ord. No. 2333-21]
B.
For all uses, no more than one accessory structure of the same kind shall be permitted on a lot.