ADU Rulebook

City · New Jersey

ADU rules in Toms River

1 source

These are the primary sources for accessory dwelling unit regulations in Toms River: 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
Not allowed

The operative provision permits an affordable accessory apartment only when it is located within a detached, owner-occupied single-family dwelling; there is no authorization to build the apartment as a separate backyard structure. A March 2026 ordinance (Ord. No. 4830-26) adopted a new definition stating accessory apartments (also called accessory dwelling units) can be within the primary dwelling, within an accessory structure, an extension, or a separate detached structure, but the reenacted permitting section 348-11.4.A still requires the unit to be located within the single-family dwelling itself. A code-wide search found no other section allowing detached or market-rate ADUs.

§ 348-11.4.A; Ord. No. 4830-26 (§ 348-11.1 definition)
Attached or internal ADU
Conditional

Accessory apartments inside a detached, owner-occupied single-family dwelling are permitted, but only in the R-800, RR, R-400C and R-400 zoning districts, only on lots that otherwise conform to the district's bulk requirements, and only as deed-restricted affordable units rented to low- or moderate-income households; the townwide program is capped at 10 units. The unit must be self-contained (kitchen, complete sanitary facilities, sleeping quarters) with a separate door and private entrance, and must consist of at least two rooms, one being a full bathroom.

§ 348-11.4.A, B, C(8), C(9)
Maximum size
No fixed square-footage cap; the accessory apartment may not exceed the gross floor area of the existing principal dwelling on the lot. Minimum size is two rooms, one of which must be a full bathroom. The Township may not restrict the number of bedrooms.

Section 348-11.4.C(11) sets the ceiling relative to the principal dwelling rather than an absolute number; C(8) sets the two-room minimum; C(1) bars bedroom-count restrictions.

§ 348-11.4.C(1), C(8), C(11)
Owner occupancy
Required

The affordable accessory apartment must be located within a detached, owner-occupied single-family dwelling, so the property owner must live in the principal dwelling.

§ 348-11.4.A
Extra parking
Minimum of two on-site parking spaces provided exclusively for the accessory apartment, in addition to the spaces required for the existing principal dwelling.

The application must include a site sketch showing the required parking spaces for both dwelling units.

§ 348-11.4.C(10), E(3)
Approval process
Permitted use

Affordable accessory apartments 'shall be permitted' in the four eligible districts, so no conditional-use approval or variance is required, but the applicant must apply to the Township's designated affordable housing administrator (floor plan sketch, elevations, site sketch), meet all program conditions, obtain utility-capacity certification, and record a deed restriction; the administrator may deny only for nonconformance with state affordable housing requirements or the section's provisions.

§ 348-11.4.A, C(7), D, E
Rental restrictions
The unit may be rented only to low- or moderate-income households for at least 10 years from issuance of the certificate of occupancy, enforced by a recorded deed restriction running with the land; rents must be affordable under New Jersey's Uniform Housing and Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and the unit must be affirmatively marketed through the Township's program. Separately, Chapter 335 prohibits renting any dwelling or segment of a dwelling for a term under 30 days townwide, with a barrier-island exception allowing two-day minimum rentals April 1 through November 30, so accessory apartments cannot be used as short-term rentals in the mainland zones where they are permitted.

The Township subsidizes creation ($25,000 per low-income unit, $20,000 per moderate-income unit) in exchange for compliance; illegally created units can be legitimized under the program but without subsidy. The lease or rental of multiple rooms within a dwelling to one or more tenants is also prohibited (§ 335-41.A).

§ 348-11.4.C(2)-(6), C(12), C(13), D(3); § 335-39; § 335-40; § 335-41
The fine print: 7 caveats that can change the picture
  • Toms River has no market-rate ADU pathway: the only accessory apartments allowed are deed-restricted affordable units rented to low- or moderate-income households for at least 10 years under the Township's affordable housing program.
  • The program is capped at 10 affordable accessory apartments townwide (§ 348-11.4.C(5)), so availability is extremely limited regardless of eligibility.
  • Only four zoning districts qualify: R-800, RR, R-400C and R-400; the lot must otherwise conform to the district's bulk requirements.
  • The unit must be inside a detached, owner-occupied single-family dwelling; separate backyard cottages are not authorized by the operative section, even though a March 2026 ordinance adopted a broader state-aligned definition that mentions detached structures.
  • Utility capacity must be certified (water/sewer, or NJDEP-compliant well/septic capacity) before approval.
  • Short-term rentals under 30 days are prohibited townwide (two-day minimum allowed on the barrier island April 1 through November 30), which forecloses vacation-rental use of any accessory apartment.
  • The Township provides a per-unit creation subsidy ($25,000 low-income, $20,000 moderate-income) tied to a compliance agreement.

Summarized from Toms River'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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