Passaic, NJ Accessory Structures: ADU Rules (2026)
ADU rules in Passaic, NJ, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Units per lot
- One ADU maximum
- Size cap
- 50% of principal dwelling living area
- Minimum size
- 300 square feet
- Bedroom cap
- Three bedrooms maximum
- Cellar location
- Not permitted
- Governing section
- Code of the City of Passaic § 317-16G
Summary
Passaic's Zoning Code permits one accessory dwelling unit per lot as a conditional use in every zone. Section 317-16G caps the ADU at 50% of the principal dwelling's living area (minimum 300 square feet, maximum three bedrooms) and requires it sit in an attic, basement, ground floor below the primary unit, or above a garage: never a cellar.
Accessory dwelling unit. (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. (8) The accessory dwelling unit shall be used only for residential purposes.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).
Full Breakdown
Under § 317-16G, an ADU is allowed only on a lot with a one-family or two-family principal residence, and the unit cannot eliminate any existing on-site parking. Physically, the ADU must be located in an attic, basement, ground floor beneath the primary unit, or above a garage, but it may not be situated in a cellar, a distinction the code draws explicitly between a habitable basement level and a true below-grade cellar. Size is capped at 50% of the principal dwelling's living area, with a floor of 300 square feet and a ceiling of three bedrooms.
Only one ADU is allowed per lot, and it must be used solely for residential purposes. Where the ADU attaches to the principal single-family or two-family dwelling, § 317-16G(7) requires it to use the same exterior materials and colors as the principal structure, and the code directs the design to preserve the physical housing stock and the architectural and landscaping character of the neighborhood. Accessory structures generally, including ADUs, cannot exceed the maximum height allowed in the zone for a one- or two-family structure, and no accessory structure of any kind may be built on a lot that lacks a principal building. Every ADU also carries a twenty-year deed-restricted affordability requirement tied to HUD income and rent limits, addressed separately at § 317-16G(9).
Violations & Fines
An ADU that exceeds 50% of the principal dwelling's living area, sits in a cellar, duplicates a second unit on the same lot, or eliminates existing on-site parking is not a permitted conditional use, and the administrative officer can deny or revoke the zoning permit under §§ 317-62 and 317-63; unpermitted construction is subject to the general penalty in § 1-3: up to $2,000, 90 days' imprisonment, or 90 days of community service.
Frequently Asked Questions
How big can an ADU be in Passaic?
Can I put an ADU in my basement?
Does building an ADU let me reduce parking on my Passaic lot?
Sources & Official References
Other rules in Passaic
How Passaic compares: Easiest Cities to Build an ADU·Compare Passaic to another location·View the New Jersey accessory structures overview
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ADU Rules in Nearby Cities
How other cities in Passaic County handle adu rules.