Asbury Park, NJ permits accessory dwelling units under Ordinance 2024-6, which amended Chapter XXX (Land Development Regulations) and was adopted March 27, 2024. ADUs are allowed as a permitted accessory use on lawful one- and two-family lots in the R1, R2, and R3 residential zones and the B Business district. The maximum height is 20 feet, the ADU must be in the rear yard, the owner must occupy one of the units, and short-term rentals are prohibited. The city offers grants of $20,000–$35,000 for deed-restricted affordable ADUs.
Status
- Adoption status
- Active — Ordinance 2024-6 adopted March 27, 2024; effective approximately April 16, 2024 after the 20-day publication period (N.J.S.A. 40:69A-181(b))
- Governing ordinance
- Code of the City of Asbury Park, Chapter XXX (Land Development Regulations), as amended by Ordinance 2024-6 (registration via Ordinance 2024-7)
- Key differentiator
- Affordable-ADU bonus stack: +5% building coverage, parking waiver, owner-occupancy waiver, fee waivers, and one-time grants of $20K–$35K depending on income tier
Eligibility
Where ADUs are allowed
- Zoning districts permitted
- R1 (Single Family Residential), R2 (One and Two Family Residential), R3 (Multifamily Residential — only on existing 1-2 family homes), B (Business — bulk follows R-1 standards)
- Lot type / use restrictions
- Lawful one- and two-family homes only; lawfully-preexisting non-conforming multifamily uses are not eligible
- Limit per property
- Maximum of 1 ADU per lot
- Subdivision restriction
- Lot cannot be subdivided to separate the ADU from the principal structure
- Yard restriction
- ADU must be constructed in the rear yard area — not between the principal building and a street
Types allowed
- Attached ADU (interior — within principal building)
- Yes
- Attached ADU (addition)
- Yes
- Detached ADU (new construction)
- Yes
- Detached ADU (accessory structure conversion — e.g., garage)
- Yes
- Multifamily restriction
- Properties with lawfully-preexisting non-conforming multifamily use are NOT eligible; conforming and non-conforming two-family principal structures may have an ADU in a separate structure
Size and placement
Size limits
- Maximum height
- 20 feet (newly-constructed ADU, all permitted districts)
- Floor area / coverage
- ADU floor area and building coverage shall not exceed that of the principal use and structure (for new construction or footprint/height expansion)
- Minimum rooms
- At least 2 rooms, one of which is a bathroom
- Accessibility bonus
- +5% building coverage if ADU complies with NJ Barrier Free Code; combinable with affordability bonus for total +10%
Setbacks
- Location restriction
- Rear yard only — not between the principal building and a street; access stairs/landings/decks must face interior or front of lot, not toward side or rear neighbors
- Accessory-structure setbacks (R1, R2)
- Side: 5 ft minimum; Rear: 3 ft minimum (per §30-75.1)
- Garage-bulk reference
- New-construction ADUs comply with the bulk requirements that control garage location in the relevant zoning district
Rules for use
Parking
- ADU parking requirement
- Minimum 1 off-street space; may be allocated within an existing driveway with Planning and Redevelopment Department approval
- Curb cut
- No additional street curb cut if one already exists; new curb cut allowed on an alley
- Affordability waiver
- Parking requirement waived for deed-restricted affordable ADUs
Owner occupancy
- Required (default)
- Yes — none of the residential units on the lot may receive a short-term rental certificate, and the ordinance treats the principal residence as owner-occupied
- Affordable-ADU waiver
- Owner-occupancy is NOT required when the ADU is deed-restricted affordable
- Separate sale permitted
- No — lot cannot be subdivided
Rental use
- Short-term rental
- Prohibited — no residential unit on the lot is eligible for an STR certificate (§30-75.4(s))
- Long-term rental
- Permitted
- Affordable rental program
- Deed-restricted affordable ADU (10-year minimum) is eligible for a $20K–$35K grant tied to income tier (moderate / low / very-low), released in four 25% installments
How to apply in Asbury Park
- Zoning approval
- Zoning permit required; applicant must submit survey, plot plan, and architectural plans showing size, location, appearance, utility connections, and parking allocation
- Construction permit
- Required under the New Jersey Uniform Construction Code
- ADU certificate
- Required and issued by the Department of Code Enforcement under Section 13-1400 of the City Code; must be obtained before establishing or maintaining an ADU
- Contact
- Director Michele Alonso, 732-502-5711
Recent and pending changes
- 2024-03-27City Council adopted Ordinance 2024-6 (zoning) and 2024-7 (registration), permitting ADUs city-wide and establishing the affordable-ADU grant program; effective ~April 16, 2024
Important details
- 20-ft height ceiling: §30-68.3 caps newly-constructed ADU structures at 20 ft (vs. 15 ft for non-ADU residential accessory structures)
- Affordable ADU grant tiers: $20,000 moderate / $30,000 low / $35,000 very-low income, paid in four 25% installments tied to deed restriction recording, first construction permit, certificate of occupancy, and initial lease execution
- Bonus stacking: Affordable + accessible ADUs receive +10% building coverage total (5% from each bonus), plus owner-occupancy waiver, parking waiver, and waived COAH / sanitary sewer / zoning permit fees
- Subsidy clawback: If the affordable ADU is not occupied by a qualified tenant within one year of grant, or if the deed restriction is violated, the subsidy must be returned to the city's Housing Trust Fund
- Annual ADU certificate: Operating an ADU requires an annual certificate from the Department of Code Enforcement under Section 13-1400; the property owner must obtain a zoning permit or zoning compliance certificate first
Frequently asked questions
Do I need to live in my Asbury Park home to build an ADU?
Yes, by default — none of the units on the lot are eligible for a short-term rental certificate, and the ordinance treats the principal residence as owner-occupied. The owner-occupancy requirement is waived only for deed-restricted affordable ADUs (10-year minimum deed restriction).
How tall can my Asbury Park ADU be?
The maximum height of the structure containing a newly-constructed ADU is 20 feet in all permitted zones (§30-68.3). For new construction, the ADU also follows the bulk requirements that control the location of a garage in the relevant zoning district.
Are there grants or incentives for affordable ADUs in Asbury Park?
Yes. Deed-restricted affordable ADUs (10-year minimum deed restriction) qualify for one-time grants of $20,000 per moderate-income unit, $30,000 per low-income unit, or $35,000 per very-low-income unit. They also receive a 5% building-coverage bonus, a parking-requirement waiver, an owner-occupancy waiver, and waived COAH/sanitary-sewer/zoning-permit fees. Funds are released in four 25% installments tied to deed recording, first construction permit, certificate of occupancy, and lease execution.
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Last reviewed 2026-04-28. Local rules can change — verify the latest details with the Asbury Park planning department, or book a free consultation with our team before starting your project. This page is informational and is not legal advice.