City · New Jersey

ADU rules in Asbury Park

4 sources

These are the primary sources for accessory dwelling unit regulations in Asbury Park: the city's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Rules at a glance

Detached (backyard) ADU
Allowed

Ordinance 2024-6 (adopted 3-27-2024) added accessory dwelling units as a permitted accessory use in the R-1, R-2, and R-3 residential zones and the B Business District (in R-3 and B only as accessory to one- and two-family homes), and Section 30-75.4 regulates ADUs as permanent structures built in the rear yard under the district's garage bulk standards; the city FAQ describes converted garages and second small structures as typical ADUs.

Sections 30-70.3.b, 30-70.5.b, 30-70.6.b, 30-71.5.c, and 30-75.4 (Ord. 2024-6)
Attached or internal ADU
Conditional

The ordinance text is written around ADUs in separate structures: Section 30-75.4.l requires an ADU to be constructed in the rear yard behind the principal building, and the definition requires a separate entrance and fully independent cooking and sanitary facilities. The city's FAQ states Asbury Park will consider an ADU in the main house only if the owner lives in the smaller unit. Two-family homes with both units in the principal building may add an ADU only in a separate structure per Section 30-75.4.u.

Section 30-15 (definition), Section 30-75.4.j, l, u (Ord. 2024-6); city ADU FAQ
Maximum size
No fixed square-footage cap. For ADUs in a new structure or an expanded accessory structure, the ADU's floor area and building coverage may not exceed that of the principal use and structure; maximum building height is 20 feet in all districts; minimum of two rooms, one of which must be a bathroom; the ADU counts toward district building and lot coverage limits (affordable or accessible ADUs may exceed permitted building coverage by 5%, combinable to 10%).

Size is controlled relatively (never larger than the principal building) plus district bulk, coverage, and garage-location standards rather than a numeric cap. In the B district, residential lots with ADUs follow R-1 bulk standards.

Sections 30-75.4.d, e, m, v and 30-68.3.c.3 (Ord. 2024-6)
Owner occupancy
Required

To receive and keep the required annual ADU certificate, either a unit in the principal structure or the ADU itself must be occupied by the property owner as their principal residence, proven by driver's license, federal 1040 front page, and USPS records; all units on the lot must be under common ownership. Exception: the owner is not required to occupy the property if the ADU is deed restricted as affordable housing for at least 10 years under Section 30-75.4.v.2.

Sections 13-1400.2, 13-1400.4.c.2-3, 13-1400.5.b.3 (Ord. 2024-7); Section 30-75.4.v.2(b)(1) (Ord. 2024-6)
Extra parking
Minimum one parking space for the ADU; the space may be allocated within an existing driveway with Planning and Redevelopment Department approval. The ADU may not eliminate or reduce required parking for the principal use, and no additional street curb cut may be built if one already exists (an alley curb cut is allowed). The parking requirement is waived for deed-restricted affordable ADUs.

The designated ADU parking space location must be identified in the annual certificate application.

Section 30-75.4.h, n, o, v.2(b)(3) (Ord. 2024-6); Section 13-1400.5.b.6 (Ord. 2024-7)
Approval process
Permitted use

ADUs are listed as permitted accessory uses in their zones (no conditional use approval), but require a zoning permit or zoning compliance certificate, survey, plot plan and architectural plans, a construction permit, and an annual ADU certificate ($10 per year) from the Department of Code Enforcement.

Sections 30-70.3.b, 30-70.5.b, 30-70.6.b, 30-71.5.c, 30-75.4.q, t (Ord. 2024-6); Section 13-1400.4 (Ord. 2024-7)
Rental restrictions
Long-term rental is allowed but an ADU tenant must have a lease of no less than one year. Short-term rentals are prohibited on ADU properties: no structure on the property may be a short-term rental as defined in Section 13-1300, and no residential unit on the lot is eligible for a short-term rental certificate. Tenants may not sublease or operate the ADU. Deed-restricted affordable ADUs are subject to UHAC maximum rents and annual increase limits.

The city FAQ confirms: ADUs may be rented long term or occupied by family, and the City will not permit short-term rental of ADUs.

Section 30-75.4.s (Ord. 2024-6); Sections 13-1400.4.c.4-5, 13-1400.5.b.11 (Ord. 2024-7)
The fine print: 6 caveats that can change the picture
  • ADUs are allowed only as accessory to one- and two-family homes; in R-3 and the B district this is explicit, and properties with lawfully preexisting nonconforming multifamily uses are not eligible for a new ADU (Section 30-75.4.u).
  • Permitted zones are R-1, R-2, R-3, and B; Ordinance 2024-6 also amended the Scattered Site, S.T.A.R.S., and Washington Avenue redevelopment plans to incorporate the ADU requirements.
  • One ADU per lot; the lot may not be subdivided to separate the ADU from the principal structure.
  • Owner occupancy (as strictly defined principal residence) is waived only for ADUs deed restricted as affordable for at least 10 years, which also receive a parking waiver, extra building coverage, fee waivers, and construction grants of $20,000 to $35,000 by income tier.
  • New ADU construction must be in the rear yard, follow the district's garage bulk standards, and stay under 20 feet; in the B district residential lots with ADUs follow R-1 bulk standards.
  • An annual $10 ADU certificate from Code Enforcement plus a zoning permit are required to establish and maintain any ADU; failure to comply can lead to certificate and certificate-of-occupancy revocation.

Summarized from Asbury Park's ordinance text, read July 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Short-term rental rules

Planning to rent your ADU on Airbnb or VRBO? Asbury Park regulates short-term rentals separately; check these before counting on nightly rental income.

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