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Passaic, NJ Accessory Structures: ADU Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Section 317-16G caps an accessory dwelling unit at 50% of the principal dwelling's living area, with a floor of 300 square feet and a ceiling of three bedrooms, so the exact maximum depends on how large the main house is.
Can I put an ADU in my basement?
Yes, a basement qualifies, but a cellar does not. Section 317-16G(3) and (5) allow an ADU in an attic, basement, ground floor beneath the primary unit, or above a garage, while expressly barring it from being situated in a cellar.
Does building an ADU let me reduce parking on my Passaic lot?
No, the rule runs the other way. Section 317-16G(2) says an ADU can never eliminate any existing on-site parking on the lot, so if the lot doesn't already have room for the required spaces, adding an ADU won't create an exception.

Sources & Official References

Other rules in Passaic

All Passaic rules

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.

Paterson, NJ
Heavy Restrictions