Compare ADU rules across New Jersey

Allenhurst authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 26 conditions a house on the owner living there. The nearest rules are the definition of a family as a housekeeping unit living together 'as a stable and permanent living unit' (§ 26-2.1) and the Planning Board's 2026 conditions on garage living space: at 309 Spier Avenue the deed restriction limits the space to 'relatives of the owner' with no rent and no kitchen (Resolution No. 7-29-2026 (1), condition 14), and at 13 Corlies Avenue the owner agreed the new garage loft would never be used or rented as living space (Resolution No. 6-17-2026 (3)). Rental licenses require the owner to certify that each adult tenant 'maintains a permanent residence elsewhere' (§ 9-4.1d), a seasonal-rental test rather than an owner-occupancy rule.

Ordinance read October 2026

No district lists an accessory dwelling, a two-family dwelling or any second unit as a permitted or conditional use (the only residential conditional use is houses of worship in R-2, § 26-4.3a1), so a second unit is 'a use or principal structure in a district restricted against such use,' which only a d(1) use variance can allow, 'granted only by affirmative vote of at least five members' (§ 25-3.9d, N.J.S.A. 40:55D-70(d)). The nine-member Planning Board exercises every Zoning Board of Adjustment power (§§ 25-3.1, 25-3.10), but the Mayor (Class I) and the Commissioner member (Class III) may not take part in d relief (§ 25-3.8k). Every application starts with the Zoning Officer's zoning permit and impervious coverage determination (the borough's application form promises a decision within ten business days of a complete application), and because the Historic District is coterminous with the borough (§ 26-11.3), any addition, new construction or exterior change also needs a Planning Board Certificate of Appropriateness (§ 26-11.8). Ord. No. 2026-02 (adopted 2-3-2026, not yet codified) sets a use variance at a $500 application fee plus a $2,000 escrow, the same as a Certificate of Appropriateness, and a variance lapses unless work starts within one year of the published decision (§ 25-3.19).

Ordinance read October 2026

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.

Ordinance read September 2026

Avon-by-the-Sea allows no market-rate backyard ADU. The only permission is § 113-11D, a conditional use in the R Single-Family Residential District (which covers almost the entire borough) for 'Accessory apartments for low and moderate income households in single family homes and accessory buildings': one per lot, on a lot meeting the zone's 7,000-square-foot, 50 by 100 foot minimums, with the owner living on the property year-round and the unit rented only to an income-qualified household under a deed restriction. § 113-5C deems detached garages, sheds, garage apartments and cottages/bungalows accessory buildings, but the R district permits only one detached garage (26 by 26 feet, two cars plus storage) and one 100-square-foot shed as new accessory buildings, bars bathrooms and kitchens in a detached garage (§ 113-11C(8)) and living space on the first floor of any garage (§ 113-20F), so the workable detached route is converting an existing garage apartment or cottage, and a new detached unit would need relief beyond the conditional use. Garage apartments and cottages appear in the code only as 'preexisting nonconforming' uses with renovation guidelines (§ 113-11C(11) and (12)); a new market-rate one is an unlisted use (§§ 113-3, 113-10K, 113-23) that needs a d(1) use variance; when the Society of Mount Carmel sought a new garage apartment at 23 Norwood Avenue, the board chair 'Did not see enough justification for the creation of a new rear dwelling' (11-24-2025 minutes; carried and not heard since).

Ordinance read October 2026

A second unit inside or added onto a house is possible only as the same § 113-11D conditional use: an accessory apartment for a low- or moderate-income household 'in single family homes', occupying no more than 35 percent of the house's total square footage, with at least two rooms besides bathrooms and direct outside access through an egress door that does not alter the character of the facade. The tenant must meet the regional income limits, the rent must be affordable to a household earning no more than 57.5 percent of median income, and affordability controls of at least 30 years must be recorded (§ 113-11D(8) to (10)). Otherwise the R district permits only a 'Single-family detached dwelling unit' (§ 113-11A(1)), no zone lists two-family dwellings, and uses not specifically permitted are prohibited (§ 113-10K), so a market-rate in-law suite with its own kitchen needs a use variance.

Ordinance read October 2026

An accessory apartment is a conditional use, so it needs Planning Board approval after a noticed public hearing: § 113-29A requires application to the Planning Board before a construction permit or certificate of occupancy issues, the board decides the conditional use together with site plan review within the 95-day period, and § 113-33C(1) and D(1)(a) require a hearing with notice to owners within 200 feet ($300 conditional use fee, § 113-47B(5)). The nine-member Planning Board holds the Zoning Board of Adjustment's powers (§ 113-30), with the mayor and the governing-body member sitting out d-variance relief. The borough's program process (Accessory Apartment Manual, Res. No. 72-2026, filed with the court on 3-11-2026) adds an application to the Municipal Housing Liaison, a building inspection, design approval, a subsidy contract, a recorded deed restriction and a final certificate of occupancy before the first certified tenant moves in. A market-rate garage apartment, cottage or in-law unit, or the enlargement of an existing nonconforming one (§ 113-20D), needs a use variance under N.J.S.A. 40:55D-70(d) from the same board, which approved such variances for 314 Norwood Avenue (5-27-2025), 112 Garfield Avenue (3-23-2026) and 424 Garfield Avenue (6-22-2026), all for existing rear dwellings.

Ordinance read October 2026

Chapter 215 attaches no owner-occupancy condition to any accessory unit because it authorizes none, so the directory records not-applicable rather than no. Nothing in the code ties a two-family dwelling to owner occupancy either; the nearest owner-related rules are that home occupations and home professional offices must be run by members of the resident family (§ 215-2), and that the Ocean County Bureau of Fire Safety enforces the Uniform Fire Code in every building except owner-occupied one- and two-family dwellings, which brings a rented house or duplex under county fire inspection (§ 91-9). New Jersey has no statewide ADU statute that would impose or preempt an owner-occupancy rule, and the Mayor and Council formally opposed the 2024 state ADU bills S2347 and S1106 by Res. 2024-059 on 4-10-2024.

Ordinance read October 2026

There is no ADU permit path. Every new use or construction needs a zoning permit from the Zoning Officer confirming compliance with Chapter 215, who must certify or reject the plans within 10 days or they are deemed compliant, and no permit may issue for a use that would violate the chapter (§ 215-16A, D(3)); a conforming two-family dwelling in R-B is approved this way for the $300 new-duplex zoning fee (§ 21-46B(2)), without site plan review even in G-B and M-C (§§ 215-9H, 215-10I). A second unit anywhere else needs a use variance from the seven-member Zoning Board of Adjustment, granted "only by the affirmative vote of at least 2/3 of the full authorized membership of the Board" (five votes, matching N.J.S.A. 40:55D-70(d)) for special reasons (§§ 21-11A, 21-22A(4)); the filing fee is $200 (§ 21-45A), a granted variance lapses unless the use starts within nine months (§ 21-21), and Zoning Board decisions can be appealed to the Mayor and Council within 10 days (§ 21-38). The Zoning Board's 2023 and 2025 records and its January 2026 reorganization agenda show only bulk variances (elevator stacks, decks and stairs) and no second-unit application.

Ordinance read October 2026

The only legal second unit in a Bay Head house is a deed-restricted 'affordable accessory apartment' under § 147-17.1 (Ord. No. 2000-5), which applies 'Notwithstanding any provision of the Land Development Ordinance to the contrary' and so overrides the apartment bans in §§ 147-2 and 147-6K for this one use. It is allowed in every zone except the Conservation (C) Zone, only inside a detached single-family dwelling on a lot that meets the Appendix A schedule for its zone (10,000 sq ft and 100 ft wide in R-100, R-100-BF and R-100-OF; 5,000 sq ft and 50 ft in R-50, B & B and B-1), and only as a self-contained unit with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance 'created to be occupied by a low- or moderate-income household' under the Council on Affordable Housing (COAH) rules at N.J.A.C. 5:93. The program is capped at 10 apartments borough-wide, each property carries a recorded deed restriction, and every application goes through a program administrator the Council designates. A market-rate in-law suite, basement apartment or apartment in an addition is not allowed, no zone permits two-family dwellings, and DCA's July 2026 municipal status report lists Bay Head's 'ACCESSORY APARTMENTS PROGRAM' at 0 units.

Ordinance read October 2026

Chapter 212 attaches no owner-occupancy condition to any accessory unit because it authorizes none, so the directory records not-applicable rather than no. The nearest owner-related rules: a bed-and-breakfast in the BBO overlay must be "an owner- or manager-occupied dwelling" with no more than 12 guest rooms (§ 212-13A(1), B); home occupations must be conducted by members of the family residing in the dwelling plus at most one outside employee (§ 212-9A(5)); and under the rental chapter an owner-occupied home of four or fewer units may carry $300,000 of liability insurance instead of $500,000, while owner-occupied premises with no more than two rental units are exempt from filing the state landlord registration form (§ 155-3A(1), (3)). New Jersey has no statewide ADU statute that would impose or preempt an owner-occupancy rule.

Ordinance read October 2026

There is no ADU permit path. A zoning permit from the Zoning Official must precede any building permit or change of use (§ 212-18B(2); $250 for a new single-family house, $150 for a single-family or duplex addition and $100 for an accessory building under § 212-18.1), "In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision in this chapter" (§ 212-18A), and before any transfer of title the Zoning Official inspects the property for a certificate of continued occupancy to "determine the proper use and habitability" (§ 212-18B(6)(a)). A second dwelling unit would need a use variance for "a use or principal structure in a district restricted against such use or principal structure" under N.J.S.A. 40:55D-70(d), granted only by at least five affirmative votes of the nine-member Land Use Board, which holds both planning board and zoning board powers (§ 19-1) and whose Class I (mayor) and Class III (council) members may not take part in d variance cases (N.J.S.A. 40:55D-25(c)(1)); the fee is $100 plus a $2,000 escrow (§ 90-4, as amended by Ord. No. 2026-3C), and any interested party may appeal a granted d variance to the Borough Council within 10 days of publication (§ 19-9A). Adding a dwelling unit to an existing residential structure also triggers the affordable housing development fee of 1.5 percent of the added equalized assessed value (§ 43-21C(1)(a)).

Ordinance read October 2026

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.

Ordinance read September 2026

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.

Ordinance read September 2026

Chapter 35 attaches no owner-occupancy condition to any accessory unit because it authorizes none, so the directory records not-applicable rather than no. The nearest owner-related rules sit elsewhere: the Liability Insurance Registry (§ 5-31.2, Ord. No. 23-03-OAB) gives owner-occupied multifamily homes of four or fewer units a lower insurance minimum ($300,000 instead of $500,000), and the Pinelands cultural-housing and substandard-lot exceptions (§§ 35-89.15, 35-89.16) require a new detached house to be the principal residence of the owner or an immediate family member, a rule for a principal dwelling on its own lot, not an ADU. In the age-restricted PRRC communities, § 12-3.5e withholds the certificate of compliance for any sale, transfer or rental until the homeowners' association confirms the 55-and-over occupancy rules are met. New Jersey has no statewide ADU statute that would impose or preempt an owner-occupancy rule.

Ordinance read October 2026

There is no ADU permit path: no district lists an accessory dwelling as a permitted or conditional use (none of the Article XIII conditional uses is an accessory or second dwelling), and § 35-131.1a.2 bars the Zoning Officer from granting a permit for any building or use "that would be in violation of this chapter." A second dwelling unit on a single-family lot would need a use variance from the Zoning Board of Adjustment for "a use or principal structure in a district restricted against such use", which takes the affirmative vote of at least five members (§ 35-6.10d), with a $500 application fee (§ 35-8b.7(d)) plus the $2,500 residential use-variance amount listed in § 35-11f. Where a duplex is a permitted use (now only the mainland Town Center areas, since the R-4F and R-TH districts lay in South Seaside Park), single-family and two-family residential uses are exempt from site plan approval (§ 35-28), so a conforming duplex runs through a $30-per-unit zoning permit from the Zoning Officer (§§ 35-29a.4, 35-13b), which the township says it processes within ten business days, and then construction permits.

Ordinance read October 2026

Bradley Beach allows one form of detached accessory unit, the garage apartment: § 450-26B(1) lists 'Garage apartments' as a permitted accessory use in the R-1 Residential Single-Family Zone, with living accommodations on the second floor only, over a garage holding at least two interior parking spaces, and only 'On minimum lot size of 7,500 square feet.' The R-B Residential Beachfront Zone gives single-family lots the same permission but bars garage apartments on lots containing a two-family dwelling (§ 450-28B). The lot gate is half again the 5,000-square-foot zone minimum, and on the state's MOD-IV parcel layer only about one in four of the borough's residential parcels reaches 7,500 square feet (the common lots are 50 by 150, 50 by 100 and 25 by 100 feet), so most house lots cannot add one. A ground-level backyard cottage or any other detached unit is not a listed use: § 450-10A(38) prohibits every use a zone does not permit and § 450-15 allows one principal building per lot, and the Land Use Board's engineer and planner treat unlisted accessory uses as d(1) use variances (302 Second Avenue, 2023).

Ordinance read October 2026

Brick allows a detached ADU only inside the Middle Housing Overlay Zone (MHOZ) created by Ord. No. 6-26 (adopted 3-10-2026), which applies to the 48 parcels listed in 245 Attachment 7 along Route 88, Mantoloking Road and Jordan Road. There, "accessory dwellings" are a use "permitted as a development alternative to the underlying zoning", an accessory garage may contain a dwelling unit if it is no more than 1 1/2 stories, and Attachment 7 allows one accessory dwelling per lot when developing detached compact houses (lots of at least 7,500 sq ft, 75 ft wide and 100 ft deep). Everywhere else no ADU of any form is allowed: the R-R-1, R-20, R-15, R-10, R-7.5 and R-5 districts permit only one-family dwellings, § 245-11 bars any use not listed for the zone, and § 245-14 limits a residential lot to one principal building.

Ordinance read October 2026

The same overlay is the only route for an attached or internal unit: § 245-76.E(1) defines an accessory dwelling as a unit "either attached to a single-family principal dwelling or located on the same lot and having an independent means of access", and a unit integrated into the principal structure "must be smaller in size and have an independent means of access from the principal dwelling access". Outside the 48 overlay parcels a one-family dwelling must be "designed for or occupied exclusively for one family" (§ 245-3), two-family dwellings appear only in R-20 cluster subdivisions (§ 245-303) and the Camp Osborn beach cottage overlay (§ 245-298.3), and the code has no accessory apartment, mother-daughter, basement-unit or second-kitchen provision for houses.

Ordinance read October 2026

Camden's code sets no owner-occupancy rule for an accessory dwelling unit, because it does not allow one; the field is recorded unknown rather than no so the table does not read as though an ADU exists that you may rent out freely. Nothing in Chapter 870 conditions any residential use on the owner living on site. The nearest owner-related requirements sit outside zoning: § 620-19 requires an owner who does not permanently reside in Camden County to appoint a resident agent, § 620-20 requires every owner, operator or lessor of rented space to register the premises with the Department of Code Enforcement, and Chapter 650 rent control applies by its own definition to 'Owner-occupied one-, two-, three-, or four-family dwellings' (§ 650-1, as amended 2-10-2026 by Ord. No. MC-5610).

Ordinance read September 2026

There is no ADU permit path in Camden because there is no ADU use, so no permitted or conditional-use classification applies; the field is recorded unknown by the directory's convention for codes with nothing at all. For context, the ministerial layer is the zoning permit: § 870-309B bars anyone from erecting, altering, expanding or converting a building without a zoning permit from the Zoning Officer, and § 870-310 gives the Zoning Officer 10 days to act on a complete application. Site plan review is waived for single-family and two-family construction under § 870-41A(1), so a conforming duplex conversion is a staff-level approval. Anything that is genuinely an accessory dwelling instead needs a use variance under § 870-297E(1)(d)[1], heard by the Zoning Board of Adjustment and requiring five affirmative votes.

Ordinance read September 2026

Deal authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 30 conditions a house on the owner living there. The nearest provisions are the definition of the household a dwelling unit must hold, one or more persons living and cooking together 'on a permanent basis or for an indefinite nonseasonal period of time' (§ 30-6), the annual registration every landlord of a single-family or two-family residential unit must file with Code Enforcement ($150 the first year, $75 renewals due March 1, § 13-3.1), and the state landlord identity registration statement (N.J.A.C. 5:29-1.1), which the borough posts as its landlord registration form and which must be filed with the clerk for rented single-unit dwellings and for two-unit dwellings that are not owner-occupied.

Ordinance read October 2026

No district lists an accessory dwelling, a two-family dwelling or any second unit as a permitted or conditional use: the only conditional uses are nonprofit schools and nonprofit golf courses in R-1, none in R-2 and R-3, and churches or other places of worship in R-4 (§ 30-86.4). A second unit is therefore 'a use or principal structure in a district restricted against such use,' which only a use variance can allow, granted 'only by an affirmative vote of at least five members' of the Board of Adjustment (§ 30-8.2b4(a), N.J.S.A. 40:55D-70(d)); in Deal the nine-member Planning Board sits as the Board of Adjustment and its Class I and Class III members may not take part in d relief (§ 30-8c), any interested party may appeal an approval to the Board of Commissioners within 10 days of publication (§ 30-9), and a variance lapses unless a building permit follows within one year (§ 30-8.6). Ordinary accessory structures need a zoning permit from the Zoning Officer (the Code Enforcement Officer) before any building permit (§§ 30-98.1, 30-99b); the borough's April 2026 application form promises a decision within 10 business days, and Ord. No. 26-009 (adopted 6-22-2026, not yet codified) set the fees at $100, $200 for applications needing engineering escrow and $100 per re-inspection, although the codified § 30-99d still prints a $10 zoning permit fee.

Ordinance read October 2026

Not addressed. Because no district authorizes an accessory dwelling, Chapter 37 contains no owner-occupancy condition for one, and the code has no accessory-apartment program that a residency test could attach to. The nearest occupancy rule is a housing-code density limit rather than an ownership test: § 17-1.5a.d allows no more than one family plus two unrelated occupants in a dwelling unit without a rooming-house license. New Jersey has no statewide ADU statute imposing or preempting owner occupancy as of 2026-10-23; S1786 still sits in Senate Budget and Appropriations and S2680, A3488, A3567 and A3710 remain in first committee, and the accessory-dwelling-unit definition added to the Fair Housing Act at N.J.S.A. 52:27D-304(n) by P.L. 2024, c.2 is a definition, not a mandate.

Ordinance read October 2026

There is no ADU permit path, because no Edison district lists an accessory dwelling as either a permitted or a conditional use, and the zoning permit that § 37-67.3 requires before any building permit can only be issued for a use that complies with Chapter 37. The sole route is extraordinary relief: a use variance from the Zoning Board of Adjustment under N.J.S.A. 40:55D-70(d), which § 39-7.3a4 authorizes 'in particular cases and for special reasons, but only by the affirmative vote of at least two-thirds (2/3) of the full authorized membership of the Board.' The application fee is $1,000 per use variance (§ 39-12.18d.3) and the escrow deposit $5,000 per d-variance (§ 39-12.23e.1(c)), though § 39-12.23b.2 exempts development of or improvement to one single-family dwelling on an existing lot from escrow, which is why the Township's 2026 Land Use Application notes that single-family home variance applications are escrow-exempt. § 39-12.25 (Ord. No. O.1540-2006) makes a certified shorthand reporter mandatory at the applicant's expense for every development application except minor subdivisions, minor site plans and standalone 'c' variances, so a use variance carries that cost too, and § 39-12.11 lets any applicant or interested party appeal the Board's use-variance decision to the Township Council. This is discretionary relief, not a conditional use, so the field is recorded as not applicable rather than conditional-use.

Ordinance read October 2026

The zoning code is silent, because there is no accessory dwelling unit to regulate. No owner-occupancy condition attaches to a two-family dwelling in Schedule IA either. The only owner-occupancy test anywhere in the Elizabeth code sits in short-term rental licensing: Chapter 5.90 defines 'owner-occupied' as the owner residing 'in the short term rental property, or in the principal residential unit with which the property is associated on the same lot', and requires a driver's license, voter registration or state ID proving that address is the owner's principal residence. That is a licensing condition for renting nightly, not a land-use rule about who may occupy a second unit.

Ordinance read September 2026

There is no ADU permit path to classify: no district in Schedule IA lists an accessory dwelling as permitted, and Schedule III (Conditional Uses) covers rooming houses, mausoleums, child-care facilities, nursing homes, essential services, gas stations, auto repair, junkyards, resident parking, gas tanks, guest retail and bakeries, helistops, amusement machine complexes, community residences and billboards, with no accessory dwelling standard. In practice a homeowner faces two real routes. Where Schedule IA already permits a two-family dwelling (R-2, R-2C, R-3, R-3A, R-4, C-1, C-2), the conversion is administrative: a zoning permit under 17.08.065, a construction permit, and a new certificate of occupancy on change of use under 17.08.080. Anywhere the use is not listed, including all of R-1, it takes a use variance from the Zoning Board of Adjustment under N.J.S.A. 40:55D-70(d), a discretionary hearing needing five affirmative votes.

Ordinance read September 2026

Not applicable: Harvey Cedars allows no ADU of any form, so Chapter 13 attaches no owner-occupancy condition to any accessory unit, and the directory records not-applicable rather than no. The only owner and residency rules nearby: home occupations may be conducted only by members of the family residing in the dwelling plus one nonresident, entirely within the dwelling or an accessory building (§ 13-9.3a), and a model home allowed at the Planning Board's discretion may be occupied by no more than the owner and one employee (§ 13-9.2). New Jersey has no ADU statute that imposes or preempts an owner-occupancy rule, and the pending S1786 as reported (R1) contains none.

Ordinance read October 2026

There is no ADU permit path. A zoning permit from the Zoning Officer is "a condition precedent to the commencement of a use and/or change of use and all construction" and "shall confirm that such use, structure, building, and lot area comply with the provisions of the Borough Code and approvals granted by the Land Use Board" (§ 13-16.2a1 as replaced by Ord. No. 2026-12, adopted 4-20-2026, effective 5-11-2026), no permit may issue for construction or use that would violate Chapter 13 (§ 13-16.1), and a certificate of occupancy is required for every new use, every change in use ("broadly construed") and every sale (§ 13-16.2d). A second dwelling would need a use variance under N.J.S.A. 40:55D-70(d)(1), or (d)(2) to expand an existing nonconforming duplex, from the nine-member Land Use Board, which holds the zoning board's powers (§§ 14-3.1, 14-4.1) and on which the Mayor (Class I) and the commissioner member (Class III) may not sit for d-variance cases (§ 14-3.1). The statute requires the "affirmative vote of at least five members, in the case of a municipal board", while § 14-4.5d still prints the regional-board standard of "at least two-thirds of the full authorized membership of the board". The fee is $400 plus a $650 minimum escrow (§ 14-4.8b, c), and a granted variance lapses unless work starts within 24 months under Ord. No. 2026-11 (adopted 4-20-2026), which doubled the 12 months in § 14-4.6.

Ordinance read October 2026

Not addressed anywhere in the code. Because Hoboken has no ADU authorization, no owner occupancy standard for accessory units exists; the accessory apartment definition and the Court Street provision are silent on occupancy, and a full-text search of the code for 'owner occupancy' returns zero results.

Ordinance read September 2026

There is no ADU permit path because no district lists an accessory dwelling as a permitted or conditional use. Accessory uses in the R districts are limited to items such as private garages, home occupations, signs, wireless antennas, and 'other uses customarily incidental to principal uses'; the conditional use article (§§ 196-36 to 196-38) contains no accessory dwelling standard in any of its subsections A through DD. Adding a unit as a conversion to a permitted residential use requires meeting all requirements for the new use plus a new certificate of occupancy from the Zoning Officer.

Ordinance read September 2026

An internal accessory unit is allowed as of right, but in one form only. Section 18-910D makes basement apartments permitted uses in all residential zones, and section 18-910I prohibits them in the A-1 Agricultural Zone and in age-restricted communities. Section 18-910C requires the unit to be 'solely contained beneath the ground floor and separate from the residence above the ground floor', with its own USPS-recognized address and mailbox plus a kitchen, bathroom, bedroom and living area, and section 18-910E allows only one per single-family residence, including townhouses and condominiums. Above-grade attached forms (an addition, an attic or over-garage conversion, an in-law wing) are authorized by no section and would need a use variance. Construction conditions are real but ministerial: an independent means of entry and exit plus a secondary egress window or door, access to all utility meters and shutoffs, a fire separation system with smoke and carbon monoxide detectors, and full compliance with the state Uniform Construction Code.

Ordinance read September 2026

Lavallette authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and Chapter 90 conditions no house, duplex or apartment on the owner living there. Owner residence appears only in rental administration: the rental insurance registry requires $500,000 of liability coverage for a rental unit but $300,000 for 'a multifamily home which is four or fewer units, one of which must be owner-occupied' (§ 15-23A and B), and the Seasonal Rentals chapter's landlord definition expressly reaches 'owner-occupied two-unit premises' (§ 51-2). A bed-and-breakfast, a conditional use in B-1, lodges guests 'plus the owner/operator' (§ 90-57G). Residential parking permits go only to owner residents (§ 56-47E).

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use (the conditional uses are apartment houses, hotels, motels, boardinghouses and bed-and-breakfasts in B-1, plus service stations and public garages), so there is no ADU permit path. Where a second unit is lawful (a two-family dwelling in B-1, or a second-floor apartment over a commercial use in B-1 or B-2), the Construction Code Official first sends the applicant to the Zoning Officer, who issues a zoning permit only if the plans conform 'in all respects' to the land use ordinances (§ 90-79B; $200 for new construction, § 90-79C(1)), and no site plan is needed for 'a single-family dwelling unit or two-family dwelling unit(s) on individual lots' (§ 53A-6). Anything else, such as a second house, garage apartment, basement unit or attic unit in Residence A to D, needs a d(1) use variance from the nine-member Planning Board, which holds all Zoning Board of Adjustment powers (§§ 37-1, 37-7I) and may grant it 'only by affirmative vote of at least five members' (N.J.S.A. 40:55D-70(d)); an interested party may appeal a use-variance approval to the Borough Council within 10 days of publication (§ 37-23). Enlarging an existing nonconforming second dwelling is a d(2) variance (the Board approved one 7-0 on 4-23-2025 to add air conditioning to a nonconforming two-family at 118 New Brunswick Avenue), and an owner claiming a pre-1985 second unit must win a certificate of nonconformity (denied 2-6 for 115 Magee Avenue on 6-25-2025).

Ordinance read October 2026

Loch Arbour authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Ord. No. 156 conditions a house on its owner living there. The nearest provisions are the definitions of a dwelling as a building 'occupied exclusively for home or residence purposes, either permanently or seasonally' and of a family as persons 'living and cooking together as a single, non-profit housekeeping unit, exclusive of household servants' (§ 302). The certificate of occupancy required at every sale and every new tenancy asks the applicant to list all persons who will occupy the residence and, for a seasonal resident, a permanent address, which tracks occupants rather than requiring owner residence.

Ordinance read October 2026

No district lists an accessory dwelling, a two-family dwelling or any second unit as a permitted or conditional use, so a second unit is 'a structure or use in a district restricted against such structure or use,' which only a d(1) use variance can allow (§ 404B(d); N.J.S.A. 40:55D-70(d)). Since Ord. No. 227 (adopted 5-29-1990) the nine-member Planning Board holds every Board of Adjustment power under N.J.S.A. 40:55D-25(c), with the Class I and Class III members barred from d relief (§ 418E and F); § 404B(d) still demands 'two thirds of the full authorized membership of the board,' which on a nine-member board is six votes against the five the statute requires of a municipal board. Any interested party may appeal a use variance approval to the Board of Commissioners within 10 days of publication (§ 403, Ord. No. 221), a variance lapses unless a building permit is secured within one year (§ 404F), and Ord. No. 265 (3-1-1995) set the residential use-variance fee at $1,250 per dwelling unit plus a $2,500 escrow (§ 412C and D). Ordinary work starts with a local zoning determination from the Zoning Official ($10 on the village's 2019 form) before a construction permit from the Borough of Deal, and because the whole village is a historic district, new construction, additions and accessory buildings over 40 sq ft or 5 ft also need a Planning Board Certificate of Appropriateness (Ord. No. 2018-450).

Ordinance read October 2026

Chapter 205 attaches no owner-occupancy condition to any accessory unit because it authorizes none, so the directory records not-applicable rather than no. The nearest owner-related rules: § 205-34A gives owner-occupied homes and homes leased for a year or more the full range of residential uses (home occupations and home professional offices included), while units rented for less than a year are limited to dwelling, recreation and vacation use; home occupations must be carried on by members of the resident family (§ 205-2B); and Chapter 104 lets the owner of an owner-occupied home of four or fewer units carry $300,000 of liability insurance instead of the $500,000 required of other rental owners (§ 104-2). The § 205-17D rebuild of a grandfathered two-unit lot carries no owner-occupancy condition, and New Jersey has no statewide ADU statute that would impose or preempt one.

Ordinance read October 2026

There is no ADU permit path. A zoning permit from the Zoning Officer ($100, § 82-27B) is a condition precedent to any new use, change of use or construction and must confirm that the use complies with the code (§ 205-73D), § 205-72 forbids any permit for construction or use that would violate Chapter 205, and a certificate of occupancy is required at every change or addition of use and every sale, after an inspection confirming the house is a permitted or valid nonconforming use (§ 64-7). A second dwelling unit on a single-family lot would need a use variance for "a use or principal structure in a district restricted against such use" under N.J.S.A. 40:55D-70(d), granted only by the affirmative vote of at least five members of the nine-member Land Use Board, which exercises the zoning board's powers (§ 18-1); the application fee is $500 plus $500 engineer and $500 attorney escrows (§ 82-4B), and a granted variance lapses after nine months unless the zoning and construction permits are approved (§ 18-8A(1)). The development fee ordinance adopted 5-4-2026 (Ord. No. 26-06C) lets the township charge 6 percent of equalized assessed value on each unit added by a density variance but says "Same, however, does not apply to accessory dwelling or apartments", the only mention of accessory dwellings in township law, and it grants no zoning permission.

Ordinance read October 2026

Long Branch authorizes no ADU, so there is no accessory-unit owner-occupancy rule to report, and nothing in Chapter 345 conditions any dwelling on the owner living there. The nearest owner-related provisions sit in the rental code: § 262-25E(2) exempts from the two-certificate-of-occupancy-per-year cap a 'permanent resident' (defined in § 345-3 as the owner/occupant of a one-family dwelling, or certain long-term tenants) who travels and rents the property seasonally, and an owning family that uses the property seasonally and rents it to a family for the rest of the year. Separately, the state landlord identity registration form posted by the City Clerk (N.J.A.C. 5:29-1.1, under N.J.S.A. 46:8-28) must be filed with the clerk for rented single-unit dwellings and for two-unit dwellings that are not owner-occupied.

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use (Article VII's conditional-use standards cover private schools, churches, beach clubs, public utilities, philanthropic uses, nursing homes, service stations, senior citizen housing, secondhand stores and West End mixed-use projects), so there is no ADU permit path. A second unit on a one-family lot is 'a use not permitted by this chapter', which § 345-13A sends to the Zoning Board of Adjustment as a use variance under § 69-20A(4) and N.J.S.A. 40:55D-70(d)(1), granted 'only by affirmative vote of at least five members'; the Board's March 9, 2026 agenda shows that route in practice (ZB 24-27, a D(1) variance to establish a two-family dwelling in an existing single-family house in R-4, and ZB 25-28, a two-family dwelling in a single-family zone). A single- or two-family use variance carries a $250 administrative fee and a $1,250 initial Zoning Board escrow (§ 69-29C), and § 345-13B waives site plan review for single- or two-family homes. By contrast a conforming two- to four-family dwelling in R-5 or R-6 needs only a zoning permit from the Zoning Officer (§ 345-76A) and a construction permit, since § 345-14A exempts single- and two-family homes from site plan approval.

Ordinance read October 2026

Manasquan allows a detached second home on a house lot in only two narrow ways. In the R-4 Beachfront zone, § 35-11.2b permits "Two principal buildings" on a lot when "A garage with a second floor living unit shall front on First Avenue and a single-family residential dwelling shall front on the beachfront," on lots at least 30 feet wide and 4,200 square feet; the Borough's own 2025 Housing Element says this provision "does allow for accessory apartments," and the Planning Board approved bulk variances to rebuild such a pair at 65 Beachfront and 62 First Avenue on 9-1-2026 (Application 08-2026). Everywhere else the only route is the deed-restricted affordable accessory apartment program, which allows a unit "within an existing accessory building that contains an existing dwelling unit" (§ 35-36f.2(b)), so a brand-new backyard cottage is not authorized even though the program's borrowed Fair Housing Act definition mentions separate detached structures. Other lots may hold only one principal building (§ 35-11.2a), the residential accessory-use lists stop at garages, sheds, pools and similar structures, and "All uses not expressly permitted in this chapter shall be deemed to be prohibited uses" (§ 35-7.6b).

Ordinance read October 2026

An apartment inside or attached to a house exists only as an income-restricted unit under the affordable accessory apartment program: § 35-36f.2(a) states its purpose "to allow accessory apartments within all zones located in the Borough to provide for the development of affordable housing," and (b) permits them "within the new or existing principle dwelling building." The house keeps one principal entry facing the street and the apartment gets "a separate distinct entry which does not detract from the character of the principal building" (f.2(e)), and the unit must be rented to an income-eligible household under a recorded deed restriction (see rentalRestrictions). There is no market-rate route: R-1 through R-5 permit only single-family detached dwellings, and the 2022 definition of mother/daughter housing describes living space that "can only be accessed through the existing dwelling and not by a separate entrance," adding "A fully independent dwelling unit is not permitted" (no district lists it as a use). Duplexes are a principal permitted use only in the R-2A zone, which Ord. Nos. 2399-23 and 2400-23 (6-12-2023) mapped onto four lots (Block 35, Lots 19, 20, 21 and 22.01); that is a two-family house, not an accessory unit.

Ordinance read October 2026

Mantoloking allows no ADU of any form, so Chapter 30 attaches no owner-occupancy condition to an accessory unit, and the directory records not-applicable rather than no. Nothing in the chapter ties any dwelling to owner residence: the Business Zone's 'Combined residential use with professional services' (§ 30-6B) carries no residency test, and the only occupancy rule for houses is the family definition, under which a dwelling unit serves 'one family,' meaning persons living together 'as a bona fide single non-profit housekeeping unit' rather than 'an assemblage of persons organized and existing principally to share the expense of occupancy' (§ 30-2C). New Jersey has no ADU statute that imposes or preempts an owner-occupancy rule, and S1786 as reported (R1, 6-1-2026) contains none; the committee struck the introduced bill's 'personal purpose' limit.

Ordinance read October 2026

There is no ADU permit path: no district lists an accessory dwelling as a permitted or conditional use, and the conditional-use lists are reserved (§§ 30-5A(4), 30-6C, 30-10). Conforming work on a house needs a zoning permit from the Zoning Officer, who must act within 10 business days or the permit is deemed approved (§ 30-13C(3); $125, or $250 for a new home, Appendix C), and then a building permit (§ 30-14C(1)). A second unit on a residential lot would need a d(1) use variance for 'A use or principal structure in a zone restricted against such use or principal structure' (§ 30-18A(4)(a)) from the nine-member Planning Board, which exercises the Board of Adjustment's powers (§ 30-16); the Mayor (Class I) and the council member (Class III) may not take part (N.J.S.A. 40:55D-25c(1)), five affirmative votes are required (N.J.S.A. 40:55D-70(d)), the fee is $850 plus a $1,500 escrow (Appendix C) and a grant lapses after two years without substantial construction (§ 30-18B). § 30-11A adds that the board 'shall not grant any variance which would permit a use in any zone if the use is designated in this chapter as "prohibited,"' and § 30-5A(3) calls every unlisted residential use prohibited, a combination no board decision has tested; the board's 2025 and 2026 resolutions include no use-variance application. In the Business Zone a two-family dwelling is a permitted principal use that needs only the zoning permit (§ 30-6A(2)).

Ordinance read October 2026

Monmouth Beach authorizes no ADU, so there is no accessory-unit owner-occupancy rule to report, and nothing in Chapter 30's district rules conditions a house on its owner living there. The nearest owner-related provisions are in the 2025 short-term rental chapter, whose 'owner-occupied' definition reaches 'the principal residential unit with which the STRP is associated on the same lot' and which lets one unit of a two-family dwelling, or up to two units of a multifamily dwelling, be rented short term only while the owner lives in another unit as a principal residence (§§ 23-2, 23-3b), and in the Fourth Round development fee section, which exempts improvements to 'owner-occupied property in which there is located an affordable accessory residence' during its affordability controls (§ 30-10.17C.2.f), an exemption with no program behind it. New Jersey has no ADU statute, so no state rule would bar an owner-occupancy condition if the borough adopted one.

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use; the conditional uses are public utilities, schools, churches, child care centers, marinas, yacht and beach clubs, a professional office building and a gasoline station mini mart (Article 30-9; Schedule of Limitations). A second unit on a house lot is 'a use or principal structure in a district restricted against such use or principal structure', which § 30-3.2B.1(d) sends to the Unified Planning and Zoning Board of Adjustment (the Planning Board exercising Board of Adjustment powers under N.J.S.A. 40:55D-25(c), § 30-3.2A.1) as a use variance that 'shall be granted only by affirmative vote of at least five members of the Board', with the Class I (Mayor) and Class III (commissioner) members barred from sitting; the fee is $100 with a $1,000 escrow (§ 30-3.4O), and an approval can be appealed to the Board of Commissioners within 10 days of publication (§ 30-3.2E.1). The Board's 2026 agendas (January 6 through October 27) list bulk c variances, minor subdivisions, an extension of time, two denials and the Fourth Round plan, and no use variance for a second unit. A conforming addition or accessory building needs only a Zoning Permit ($750 for new homes and additions, $100 otherwise) and a construction permit (§ 30-5.29C.2 and H.2), since construction related to a single-family detached dwelling is exempt from site plan review (§ 30-2.3 Exempt development).

Ordinance read October 2026

ADUs (detached or attached to the principal residence, one per property) are listed as a conditionally permitted accessory use only in the R-1 Detached Single-Family Residential district in Table 4-1; the row shows C for R-1 and a dash (not permitted) for R-2 through R-6, and ADUs appear in no other district use table. Conditional uses require an application to the Central Planning Board under MLUL Section 54 procedures. Detached ADUs must meet bulk standards: max 20 feet height, minimum 20% primary facade transparency, setbacks of 10 feet from one side and 5 feet from the other, 5 feet from rear line, principal building, and other accessory structures, and may not be located in the front yard beyond the principal building's front facade.

Ordinance read October 2026

Section 41:6-2-1 allows one ADU per property, detached or attached to the principal residence, as a conditional use in R-1 only. However, an ADU shall not be permitted in a basement, cellar, or attic, and conversion of an existing garage into an ADU is prohibited, which rules out the most common internal-conversion forms.

Ordinance read October 2026

ADUs are a conditional use: Table 4-1 marks them C (conditionally permitted) in R-1, and the standards sit in Chapter 41:6 Conditional Use Standards. Section 41:6-1 requires an application to the Central Planning Board, heard under the procedures of Section 54 of the NJ Municipal Land Use Law (C.40:55D-67); the Board may deny a conditional use it judges detrimental to health, safety, and general welfare.

Ordinance read October 2026

Accessory apartments (a single additional dwelling unit within a single-family detached dwelling, per the § 276-7 definition) are allowed only as conditional uses, and only in three zoning districts: R-1.5 Single-Family Residential (§ 276-15.1C(1), amended 10-17-2023 by Ord. No. 1916), MC-1 Motel Commercial 1 (§ 276-24E(1)), and MC-2 Motel Commercial 2 (§ 276-24.1E(1)). In each district they may be developed as an optional development scheme subject to enumerated standards: located inside the single-family detached dwelling, no studio apartments, one per lot, entrance on the front elevation or the front third of a side elevation, RSIS parking compliance, and ADA plus N.J.A.C. 5:94-3.14 accessibility and adaptability compliance. A full-text search of the code found no other district that lists accessory apartments.

Ordinance read September 2026

Accessory apartments are expressly listed under the heading 'Conditional uses permitted' in R-1.5 and 'Permitted conditional uses' in MC-1 and MC-2, and the R-1.5 purpose statement says the district exists 'to permit accessory apartments as a conditional use.' Conditional use approval in New Jersey runs through the planning board under N.J.S.A. 40:55D-67 (the statute the ordinance cites for its other conditional uses).

Ordinance read September 2026

A detached accessory apartment is possible, but only through the city's deed-restricted affordable housing program. Section 25-211.1 covers voluntary conversion of existing single family or two family dwellings or accessory buildings, and section 25-211.2 extends eligibility to owners who occupy the principal structure on a lot where an accessory unit will be located. The affordable housing rewrite adopted 5-7-2026 added a definition at section 25-2000.2 that expressly reaches a unit constructed as a separate detached structure on the same lot and says accessory apartments are also called accessory dwelling units. The older zoning definition at section 25-107 is narrower, describing only a converted portion of an existing dwelling or an existing accessory building, so a brand-new detached building is not clearly authorized. Either way the unit is allowed only in the R-2 and RMF zone districts, never on bayfront or oceanfront lots, and only on fully conforming lots.

Ordinance read September 2026

Converting an existing single family or two family dwelling to hold an accessory apartment is the core of the program, and the 2026 definition at section 25-2000.2 confirms that the unit may sit inside the primary dwelling or be built as an extension of it. It is open only to owner-occupants who rent the unit to low- or moderate-income households, and only in the R-2 and RMF zones away from the bayfront and oceanfront. The accessory apartment and any existing unit must each have a separate door with direct access to the outside, and the work may not add a door to the front facade of the principal structure.

Ordinance read September 2026

No owner-occupancy standard for accessory units exists, because the ordinance authorizes no accessory dwelling unit to attach one to. Owner occupancy does carry weight elsewhere in Paterson's rental law, and a homeowner adding a lawful second unit will meet it in three places: § 175-2 excludes from 'housing space' a two-family dwelling in which the owner occupies one unit and rents the other, so an owner-occupied two-family needs no certificate of re-rental approval on turnover; § 381-3E applies rent leveling to owner-occupied dwellings only at three or more units, against two or more when the dwelling is not owner-occupied; and § 275-18A exempts an owner-occupied home where the owner is present from the Eastside unattended short-term-rental ban.

Ordinance read September 2026

There is no ADU permit path at all. Every use needs a Zoning Permit from the Zoning Officer under § 300-1.1.A before any construction permit or certificate of occupancy issues, and § 300-1.3.C directs that a Zoning Permit application for a use not specifically listed as permitted in a particular zone district shall be denied, with the Zoning Officer stating what approvals or variances would be needed. For an accessory dwelling that means a use variance from the Zoning Board of Adjustment under § 200-2.2.D, the local restatement of N.J.S.A. 40:55D-70(d), which requires special reasons, a showing of no substantial detriment to the public good under § 200-2.2.F, and five affirmative votes. The § 300-3.1 fee schedule prices a residential use variance at $500 plus escrow of $1,000 for lots under 3,000 sq ft or $2,500 at or above that. By contrast, converting to a two-family dwelling where the zone permits it is an ordinary administrative Zoning Permit, with Planning Board site plan review only if otherwise triggered.

Ordinance read September 2026

Point Pleasant Beach authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 19 conditions a house or a two-family dwelling on the owner living there. Owner residence matters in three nearby places: a bed-and-breakfast inn (a conditional use in parts of SF-5 and in RR-2, RR-3, GC and RC) 'shall be managed and occupied by the owner of the inn,' who must live there during the season (§ 19-12.3f.5); the short-term rental minimums in § 13-14.2c do not apply when 'the owner personally resides in one of the units of a multiunit dwelling' for the whole stay (§ 13-14.2d); and the owner of an owner-occupied home of four or fewer units needs $300,000 of liability insurance against $500,000 for other rental owners (§ 13-28a). Deed-restricted affordable ownership units must be the certified buyer's principal residence and may not be leased (§ 19-25.11c), a rule that reaches only units created under the affordable housing article.

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use (the conditional uses are hotels and motels, certain restaurants, service stations, public utilities, boardwalk amusements, bed-and-breakfast inns, schools and MC-2 townhouses), so there is no ADU permit path. A second unit on a single-family lot is a use 'in a district restricted against such structure or use,' which the Zoning Board of Adjustment may allow only as a use variance 'by affirmative vote of at least two-thirds of the full authorized membership of the board' (§ 19-13.2d; five of the seven regular seats, matching the five votes N.J.S.A. 40:55D-70(d) requires of a municipal board), and § 19-13.2c bars reaching it through a bulk variance. § 19-16.1 charges a $500 nonrefundable fee for each 40:55D-70d variance (the same table also lists a $100 residential use-variance fee) plus a residential use-variance escrow of $250 per dwelling unit with a $750 minimum. By contrast, a conforming two-family dwelling in the SF-5 sliver where § 19-9.1a.5 permits it needs only zoning and construction permits, because § 19-14.2b exempts individual-lot 'detached one or two dwelling unit buildings and their accessory building(s)' from site plan approval (zoning fee $100 under § 19-16.1d).

Ordinance read October 2026

Sea Bright authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 130's residential district rules conditions a house on its owner living there (the 'owner occupied' qualifiers in the R-1 and R-3 conditional-use lists attach to professional offices, not dwellings). The nearest owner-related rules are in the 2022 short-term rental chapter: its 'owner-occupied' definition reaches 'the principal residential unit with which the STRP is associated on the same lot', one unit of a two-family dwelling may be rented short term only while the owner occupies the other as a principal residence, up to two units of a multifamily dwelling only where the owner lives in another unit, and only the owner (never a tenant) may hold the permit (§§ 164-2, 164-3B(3) and (4), 164-7J). Owner-occupied short-term rentals on permit-parking streets receive one resident parking pass plus one short-term rental pass (§ 201-28K(2)), and an owner-occupied building of four or fewer units may carry $300,000 rather than $500,000 of rental liability insurance (§ 74-2B). New Jersey has no ADU statute, so no state rule would bar an owner-occupancy condition if the borough adopted one.

Ordinance read October 2026

No zone lists an accessory dwelling as a permitted or conditional use; the residence-zone conditional uses are professional and real estate offices (owner-occupied in R-1 and R-3), public buildings, schools and one helistop (§ 130-38C(1) to (3)), and the R-3 multifamily conditional use was deleted by Ord. No. 10-2026 on 4-21-2026. A second unit on a house lot is therefore 'a use or principal structure in a district restricted against such use or principal structure', a d(1) use variance that may be granted 'only by affirmative vote of at least five members' (N.J.S.A. 40:55D-70d), heard by the nine-member Unified Planning/Zoning Board, which exercises the Board of Adjustment's powers because the borough has 2,500 or fewer residents, with the Class I (Mayor) and Class III (council) members barred from d variance cases (§ 130-6B). The fee is $350 plus a $500 escrow for a single- or two-family use variance (§ 130-74E), notice goes to owners within 200 feet (§ 130-18F), and an approval with variances lapses unless construction starts within two years, with one one-year extension (§ 130-26C(6)). The Board's 2026 agendas (January 13 through October 13) list bulk variances, a two-family duplex under the since-deleted R-3 conditional use, five duplexes in a mixed-use zone, an affordable conversion at 2 Badminton Court and a wireless use variance, and no request for an accessory unit. A conforming addition or accessory structure needs only a zoning permit ($100 for a new house, addition, alteration or lift, $50 for minor work; valid one year) and a construction permit, since construction related to single-family or two-family detached dwellings is exempt from site plan review (§§ 130-3B(2)(a), 130-69B, 130-74E).

Ordinance read October 2026

Sea Girt authorizes no ADU, so there is no accessory-unit owner-occupancy rule to report, and nothing in Chapter 17 conditions a dwelling on the owner living there. The nearest residency rules govern other uses: a home office must be run by 'permanent full-time residents of the dwelling unit, and no other person' and may not be served by an entrance separate from the household (§ 17-5.3a.2 and 3), and the rental chapter puts its permit and certificate duties on 'All owners of property in the Borough renting properties' with no residency test (§ 11-2.1a). New Jersey has no ADU statute, so no state rule would preempt an owner-occupancy condition if the borough adopted one, and S1786 as reported (R1) contains no owner-occupancy term.

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use; the residential districts' only conditional uses are houses of worship, schools and home offices (Schedule of Limitations; § 17-5.3). A second unit on a house lot is 'a use or principal structure in a district restricted against such use or principal structure' under N.J.S.A. 40:55D-70(d)(1), decided by the nine-member Planning Board, which has exercised the Zoning Board of Adjustment's powers since Ord. No. 794 dissolved that board (§§ 15-1.1, 15-2.1); the Class I (Mayor) and Class III (council) members may not take part, and the statute requires an 'affirmative vote of at least five members' although § 15-2.11d still prints the older 'at least 2/3 of the full authorized membership' rule (§ 17-10.1 makes state law control in a conflict). The variance application fee is $500 with escrow deposits under § 15-3.4b ($5,000 for variances, $3,000 residential), an approval lapses unless construction starts within one year of publication (§ 15-2.10), and a granted use variance can be appealed to the Borough Council within 10 days of publication (§ 15-4.2). A conforming house or accessory building needs only a zoning permit from the Zoning Officer before the building permit (§ 17-7.1: $0.75 per square foot up to $3,000 for new structures or additions over 750 square feet, $750 for smaller additions including garages and accessory structures) and a certificate of occupancy endorsed by the Zoning Officer (§ 17-7.3).

Ordinance read October 2026

Seaside Heights authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 246 conditions a house or a two-family dwelling on the owner living there. Owner residence matters only in the rental chapters: a short-term rental property counts as 'owner-occupied' when the owner lives in it 'or in the principal residential unit with which the STRP is associated on the same lot' (§ 179-5), and the distinction sets the security plan for rentals from April 15 through June 30, which must include a SORA-certified security officer when the property is not owner-occupied (§ 179-6.2A(15)). The rental insurance registry asks rental owners for $500,000 of liability coverage but $300,000 of the owner of 'a multifamily home containing four or fewer units, one of which is owner-occupied' (§ 116-2B and C), and rental registration applies to every rented unit 'regardless of the residency of the owner' (§ 55-5A). Only deed-restricted affordable ownership units must be the buyer's principal residence and may not be leased (§ 246-108C).

Ordinance read October 2026

No zone lists an accessory dwelling as a permitted or conditional use (the conditional uses are marine commercial services, rooming houses in the Resort Recreational Zones and adult uses in Zone A), so there is no ADU permit path. Where a second unit is lawful as a two-family or multifamily dwelling, it needs a zoning permit from the Zoning Officer ($150 for a new two-family dwelling, $50 per multifamily unit, § 246-92A), construction and flood permits and a certificate of occupancy, but no site plan, because § 246-50C exempts 'single-family and two-family detached dwelling unit buildings'; since Ord. No. 2026-06 a development fee of 1.5% of the added equalized assessed value is also due 'when an additional dwelling unit is added to an existing residential structure' (§ 246-117C(1)(a)). Anything else (a second principal dwelling on a lot, three or more units in the LDR, any second unit in the Single-Family Zone) needs a d(1) use variance, which the joint Land Use Board (the Planning Board, holding all board of adjustment powers under § 246-24C, with its Class I and Class III members excluded from use variances) may grant 'only by the affirmative vote of at least 2/3 of the full authorized membership of the Board' (§ 246-47A(4)). In 2026 the Board granted one to keep a house and a garage apartment at 211 Sampson Avenue (3-2-2026) and unanimously denied one for two houses plus a four-unit building on a 5,052 sq ft LDR lot at 308-310 Sampson Avenue (Application 2025-11, 5-26-2026).

Ordinance read October 2026

Seaside Park authorizes no ADU, so there is no accessory-unit owner-occupancy rule, and nothing in Chapter 200 conditions a house or a two-family dwelling on the owner living there. Owner residence matters only for rental insurance: a rental owner must register a $500,000 liability insurance certificate each January 1, except that the owner of a 'multifamily home containing four or fewer units, one of which is owner-occupied' needs $300,000 (§ 364-19B and C, added 12-28-2023 by Ord. No. 2023-18), and every rented unit needs a rental permit whether or not the owner lives on the lot (§ 364-1A). The one occupancy covenant in the zoning chapter runs the other way: an owner who converts a preexisting nonconforming two- or multifamily dwelling in the Residential Zone to a single-family home records a deed restriction confirming the property 'is used as a single-family residential dwelling' (§ 200-46C(1)(a), Ord. No. 1659).

Ordinance read October 2026

No zone lists an accessory dwelling as a permitted or conditional use, and a conditional use 'must be specifically listed as a conditional use within the zone' (§ 200-66.1C), so there is no ADU permit path. Where a second unit is lawful as a two-family dwelling (Business, R-4FS and R-TH zones), it needs a zoning permit from the Zoning Officer, who must act 'within 10 business days' (§ 200-14A and C; $200 for new construction under § 225-9A(2)), construction and flood permits and a certificate of occupancy, but no site plan, since 'Construction or expansion of a single- or two-family dwelling and their accessory uses' is site-plan exempt (§ 200-3); a 1.5% development fee is also due 'when an additional dwelling unit is added to an existing residential structure' (Ord. No. 2026-09). Anything else (a second house or a garage apartment on a lot, or a duplex in the Residential Zone) needs a use variance from the Planning Board, which holds all powers of the dissolved Zoning Board of Adjustment with its Class I and Class III members barred from use-variance votes (§ 200-15H(6) and J), and the statute allows one 'only by affirmative vote of at least five members' (N.J.S.A. 40:55D-70(d)); a variance lapses if no building permit is obtained within two years of the memorializing resolution (§ 200-16D). The Board's 2026 record runs against added units: it approved splitting a lot holding two houses at 311 and 315 N Street partly because the plan 'eliminates a pre-existing non-conforming two family use' (PB 2026-03, memorialized 5-18-2026).

Ordinance read October 2026

Not applicable, because Ship Bottom allows no ADU of any form. Title 16 sets no owner-occupancy condition on any dwelling, including the two-family dwellings allowed in R-3 and MFR; the only owner-occupancy distinction in the code is the liability insurance minimum, $300,000 for a multifamily home of four or fewer units with one unit owner-occupied against $500,000 for other rental owners, with the certificate filed with the Borough Clerk every year (§§ 5.66.020, 5.66.030). The short-term rental ordinance introduced 11-25-2025 (Ord. 2025-09C) would have licensed short-term rental of both units of a two-family dwelling only where the owner lived in one of them, but the council tabled it 4 to 3 on 12-19-2025 (the mayor breaking a tie), which the borough attorney said "would effectively reject it". New Jersey has no ADU statute that imposes or preempts an owner-occupancy rule.

Ordinance read October 2026

Not applicable: no ADU of any form is a permitted or conditional use. The only route to a habitable accessory building, or to a second dwelling on a house lot outside R-3 and MFR, is a d(1) use variance from the nine-member Land Use Review Board, which holds the zoning board's powers and may grant it only by at least five affirmative votes with the mayor (Class I) and the council member (Class III) excluded (§§ 16.76.010, 16.76.020L); the application is incomplete without the use-variance checklist of a traffic impact study, a signed planner's report with a community impact analysis, a geotechnical report and photographs (§ 16.76.060, Ord. No. 2024-03), the fees are $625 plus a $2,000 escrow (§ 16.84.010A.5d), and any approval may be appealed to the governing body within 10 days of publication (§ 16.76.030G). A conforming two-family dwelling in R-3 or MFR is ministerial: a zoning permit from the Zoning Officer, approved or denied within 10 business days ($150 for new structures), then a construction permit and certificate of occupancy (§ 16.88.030C.5, D; § 16.84.010A.15c; § 15.06.010).

Ordinance read October 2026

Spring Lake authorizes no ADU, so there is no accessory-unit owner-occupancy rule to report, and nothing in Chapter 225 conditions a dwelling on the owner living there. The nearest owner-related provisions sit in the rental chapters: an owner-occupied two-, three- or four-family home may carry $300,000 of rental liability insurance instead of $500,000 (§ 292-1), Chapter 292's landlord definition for the seasonal-rental bond regime includes 'owner-occupied two-unit premises' (§ 292-10), and the certificate of inspection required before every new occupancy exempts only 'the landlord's reoccupying their home after a summer rental' (§ 211-13A(1)). New Jersey has no ADU statute, so no state rule would preempt an owner-occupancy condition if the borough adopted one.

Ordinance read October 2026

No district lists an accessory dwelling as a permitted or conditional use; Ord. No. 15-2003 repealed Chapter 225's list of conditional uses, leaving § 225-32 as a procedure for the few that remain (wireless facilities and outdoor cafes in the business zones, MUAHOZ mixed-use buildings). A second unit on a house lot is 'a use or principal structure in a district restricted against such use or principal structure', which § 225-36A(4)(a) sends to the Planning Board, vested with Zoning Board of Adjustment powers under N.J.S.A. 40:55D-25c, as a use variance that 'shall be granted only by affirmative vote of at least five members'; the Class I (Mayor or designee) and Class III (council) members may not take part (§ 225-35A(1) and (3)), and an approval lapses unless construction starts within two years (§ 225-36A(5)(b)). The Board's 2026 agendas (January 14 through November 4) carry no such request; its one 2026 use variance, approved 3-11-2026 at 2 Worthington Avenue, was a d(6) height variance for a historic lookout tower. A conforming house or accessory building needs only a zoning permit from the Zoning Officer ($50 for incidental structures, $100 for new structures or major additions, § 225-58D) and a construction permit, since § 225-41B(1) exempts single- and two-family dwellings and their accessory buildings from site plan review, and a unit added by variance would owe the 1.5 percent residential development fee on the added equalized assessed value (§ 225-50A(1)).

Ordinance read October 2026

Surf City's zoning chapter permits one detached accessory dwelling, the garage apartment, which the RA Residential Zone lists among its accessory uses and buildings "when built in conjunction with single-family dwellings", with a ground floor no larger than 75 percent of the main building's, on a plot of at least 10,000 square feet with at least 100 feet of frontage (§ 30-6.2g(3)); § 30-3 defines it as "a two story building" with vehicle storage below and a dwelling above. The lot gate is what bites: the standard lot is 50 by 100 feet, and on the state's MOD-IV parcel layer only about 1 percent of residential tax parcels reach 10,000 square feet, though adjoining lots in one ownership count together as a "plot" (§ 30-3). The RA zone covers most of the borough (§ 30-4.1b) and residential plots in the Business Zone follow RA rules (§ 30-5.2a), but the RAA Residential Zone at Lazy Point allows only single detached one-family dwellings with garages, greenhouses and incidental structures (§§ 30-7.2, 30-7.3). A second detached dwelling in any other form counts as a duplex ("a structure or structures located on a single lot designed for two separate residences", § 30-3) and faces the same 10,000-square-foot test (§ 30-6.2b), while the "guest house" and "accessory dwelling" that § 30-3 defines appear in no district list and are barred as unlisted uses (§ 30-6.3a, § 27-2.11). No plot may hold more than two dwellings (§ 30-11.1b), and the two-story form collides with the one-story accessory height cap (see max size).

Ordinance read October 2026

An accessory apartment inside a detached, owner-occupied single-family dwelling is permitted, but only in the R-800, RR, R-400C and R-400 zoning districts, only on a lot that otherwise conforms to the district's bulk requirements, and only as a deed-restricted affordable unit rented to a low- or moderate-income household. The townwide program is capped at 10 units. The apartment must be self-contained, with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance, must have its own separate door, and must consist of at least two rooms, one of which is a full bathroom.

Ordinance read September 2026

Trenton's Land Development Ordinance allows a detached ADU as an accessory use with no district restriction of its own, but only where two objective gates are met: § 315-9.4.B(1) allows an ADU only on a lot with one single-family dwelling, and § 315-9.4.B(3) requires the lot to have a minimum area of 4,000 square feet. Single-family dwellings are a permitted use only in the seven residential districts (RL-1, RL-2, RL-3, RM-1, RM-2, RH-1, RH-2) under Table 8-1, so no ADU is possible on a two-family, rowhouse or multi-family lot, or in a commercial or industrial district. The 4,000 square foot floor is the gate that bites: RL-3's own minimum lot area is 4,000 square feet and RL-1's and RL-2's are larger, but a conforming single-family lot in RM-1, RM-2, RH-1 or RH-2 can be as small as 2,500 square feet (Table 4-1), which excludes much of Trenton's rowhouse fabric absent a C variance. A detached ADU must sit three feet from an interior side lot line and ten feet from a rear lot line, and is barred from the front yard and the corner side yard unless it is built inside a detached garage.

Ordinance read September 2026

The same section covers interior and attached ADUs: § 315-9.4.B(5) states the ADU may be within, attached to, or detached from the primary dwelling structure and may be part of a detached accessory structure, and may be developed within an existing structure or as new development. So a basement, attic, or addition conversion is on exactly the same footing as a backyard cottage. The identical gates apply: one single-family dwelling on the lot, a lot of at least 4,000 square feet, one ADU per lot, and the design rule at § 315-9.4.B(9) that the primary structure must still read as a house with the ADU entrance unobtrusive from the view that shows the principal entrance. Note that an internal ADU is not the same thing as a residential conversion under § 315-4.5, which turns a single-family dwelling into two or more units, needs Planning Board conditional use approval, and carries its own 2,000 square foot existing-house minimum, per-unit floor area minimums and a one-space-per-new-unit parking requirement.

Ordinance read September 2026

One additional dwelling unit may be created as an accessory apartment inside a single-family dwelling in any of Wildwood's four residential zoning districts: R-1 Low Density Residential, R-2 Moderate Density Residential, RM Residential Multifamily, and WR Waterfront Residential. Each of the four lists "Accessory apartment units within detached single-family dwellings, subject to § 17-503 and the bulk requirements below and herein" among its permitted accessory buildings and uses. Read section 17-503A's district list with care: it still names R-3, WR-1 and MC-R, but those districts no longer exist. Section 17-401, as amended 3-22-2023 by Ord. No. 1254-23, establishes only R-1, R-2, RM and WR as residential districts, and the Zoning Map adopted the same day carries only those four in its legend. Section 17-201 defines the unit as "a single additional dwelling unit within a single-family detached dwelling which shall contain at least two rooms and have sanitary and cooking facilities for the exclusive use of its occupant."

Ordinance read September 2026

Which approval you need depends on whether the house has to grow. All four residential districts list accessory apartment units among their permitted accessory buildings and uses rather than among their conditional uses, so an apartment carved out of the existing single-family house is treated as an accessory use that must meet the section 17-503 standards. Section 17-503H adds a conditional use step for the other case: "Before a construction permit or certificate of occupancy shall be issued for any creation of an apartment involving the enlargement of an existing dwelling, application shall be made to the Planning Board for a conditional use as permitted by this chapter," and that review includes any required site plan review. Treat the Planning Board route as the default in practice: section 17-503 is codified inside "Section 500. Conditional Uses and Supplemental Regulations," and the City's own adopted Fourth Round Housing Element and Fair Share Plan describes accessory dwelling units as permitted on a lot "which meets all the conditional requirements of the ordinance." Ask Wildwood's Zoning Officer which track applies before assuming an interior conversion avoids a Planning Board hearing.

Ordinance read September 2026

Not addressed anywhere in Chapter 150. Because Woodbridge authorizes no accessory dwelling unit, there is no owner-occupancy standard for accessory units to report: the residential district sections (§§ 150-25 through 150-31), the general residential regulations at § 150-24B and the 22 conditional-use standards at § 150-44 all set permitted uses and bulk limits without conditioning any dwelling on the owner living there. If the Zoning Board of Adjustment ever granted a use variance for a second unit under § 150-9I(4), it could attach owner occupancy as a condition of that one approval, but that would be case-specific relief, not an ordinance rule. Separately, the Township's rental chapter reaches any house let to anyone but the record owner: § 17-9.2 applies to all residential dwellings including single-family houses offered for lease to persons other than the record owner, whether or not rent is paid.

Ordinance read September 2026

There is no ADU permit path, because no Woodbridge district lists an accessory dwelling as a permitted or a conditional use. The conditional-use article, § 150-44, enumerates 22 categories (government buildings, places of worship, drive-through eating establishments, public utilities, nurseries, automotive uses, quasi-public uses, community residences for the developmentally disabled, hotels and motels, cannabis businesses and others) and none of them is an accessory or second dwelling. Ordinary residential work runs through the Construction Official and a zoning permit under §§ 150-5 and 150-7, although § 150-7A exempts "the use, reuse or sale of single-family residential dwellings" from the zoning permit itself. The only route to a second unit on a one-family lot is a use variance from the Zoning Board of Adjustment under § 150-9I(4), Woodbridge's codification of N.J.S.A. 40:55D-70(d), which requires the affirmative vote of at least five of the Board's full authorized membership; the Board may grant any accompanying site plan or conditional use approval under § 150-9J.

Ordinance read September 2026