City · New Jersey
ADU rules in Belmar
These are the primary sources for accessory dwelling unit regulations in Belmar: 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
ADUs are allowed only as a conditional use, and only by converting an existing accessory dwelling structure (a detached secondary building already containing a dwelling unit) or by demolishing such a structure and replacing it with one newly constructed accessory dwelling structure containing not more than one unit. Existing accessory dwelling structures in all single-family residential zoning districts that contain existing accessory dwelling units are eligible; the ordinance does not authorize a brand-new ADU on a lot that never had an accessory dwelling structure.
§ 40-6.14.3(a), (b), (d)The ordinance defines an accessory dwelling unit as a unit contained in an accessory dwelling structure separate from the main dwelling, and provides no path for an internal or attached ADU within the main house. It goes the other way: if the main dwelling structure contains more than one dwelling unit, it must be converted back to a single-family structure and the owner must relinquish all prior nonconforming and variance rights to the multi-family use as a condition of the ADU conversion.
§ 40-6.14.2, § 40-6.14.3(f)The size limits in § 40-6.14.3(d)(3) apply to demolish-and-replace construction; conversions of existing structures are governed by building code compliance rather than a stated size limit. The lot for a newly constructed replacement structure must contain at least 4,000 square feet.
§ 40-6.14.3(d)(3)(c), (e), (f), (g); § 40-6.14.3(d)(4)The full text of § 40-6.14, including the 'Developer's Agreement, Deed and Other Occupancy Restrictions' subsection, contains no requirement that the owner live in either the main dwelling or the ADU. The required deed restrictions instead prohibit expansion of the ADU and relinquish prior nonconforming rights.
§ 40-6.14.4This is an express zero-parking provision for ADU conversions in § 40-6.14.3(e).
§ 40-6.14.3(e)Creation of an ADU is a conditional use subject to the conditions of § 40-6.14.3 and a site plan application to and approval by the Planning Board, with review of the unit's appearance for consistency with the main dwelling and neighborhood. Separately, § 40-6.14.4(a) says no bulk variances or site plan approvals are required unless the Director of Code Enforcement determines that proposed deviations from the replacement-structure design standards exceed the Director's discretion, in which case relief goes to the Zoning Board of Adjustment by minor site plan application with variances.
§ 40-6.14.3(a), § 40-6.14.4(a)Chapter 26 Article II is borough-wide licensing, not ADU-specific; a converted ADU rented seasonally or short-term would fall under it as an individual dwelling unit. No standalone short-term rental chapter exists in the code; the Summer Rental License regime is Belmar's STR control.
§ 40-6.14.1; § 26-3.1, § 26-3.3, § 26-3.4, § 26-7The fine print: 8 caveats that can change the picture
- Conversion-only regime: an ADU requires an existing accessory dwelling structure on the lot (or its demolition and one-for-one replacement); the ordinance does not authorize new ADUs on lots that never had a secondary dwelling structure.
- Eligibility is limited to existing accessory dwelling structures in single-family residential zoning districts that already contain accessory dwelling units.
- A newly constructed replacement structure must meet its own bulk rules: minimum 4,000 square foot lot, 5 foot setbacks, 10 feet from the main house and other accessory structures, one story and 12 feet to the eaves, ENERGY STAR qualified construction, and only two structures on the lot (otherwise it must be built as an addition to the existing structure, such as a detached garage).
- A recorded deed restriction is mandatory: it prohibits any expansion of the ADU and relinquishes all prior nonconforming and variance rights in the accessory structure; if the main dwelling has more than one unit it must be deconverted to single-family with a similar deed restriction.
- The unit must be brought into conformance with all applicable Building Codes and the Borough's Adaptability and Visitability Code before conversion and occupancy.
- Once converted, the property is deemed a conforming use in any single-family zone, and the ADU's square footage is excluded from floor area ratio, building coverage, impervious coverage, and stormwater calculations, though stormwater mitigation measures (such as dry wells or rain gardens) must still be provided.
- There is internal tension in the ordinance on process: § 40-6.14.3(a) requires a site plan application to the Planning Board, while § 40-6.14.4(a) says no site plan approvals are required unless deviations exceed the Director of Code Enforcement's discretion; applicants should confirm the current administrative practice with the Borough.
- Seasonal or short-term rental of an ADU triggers Belmar's per-unit Summer Rental License requirement (rentals under 175 consecutive days), with a Special License option for rentals of 31 days or less; violations of the ADU section itself carry a $750 fine with mandatory court appearance.
Summarized from Belmar'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.
ADU regulations
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