- Owner occupancyRequired
South Orange Village permits accessory dwelling units under Ordinance 2022-34, which amended Chapter 185 of the Village Code in 2023. ADUs are allowed on single- and two-family lots in the RA-50, RA-60, RA-75, RA-100, and RB residential zones. The principal dwelling must be owner-occupied, the ADU must be smaller in size and height than the main house, and rentals shorter than 90 days (Airbnb, VRBO) are prohibited.
Status
- Adoption status
- Active — Ordinance 2022-34 amended Chapter 185 in 2023
- Governing ordinance
- South Orange Village Code, Chapter 185 (Land Use), as amended by Ordinance 2022-34
- Key differentiator
- Defines ADU occupancy as 90 days or greater, effectively prohibiting Airbnb-style use; bulk requirements waived only when an existing accessory structure is converted without expansion
Eligibility
Where ADUs are allowed
- Zoning districts permitted
- RA-50, RA-60, RA-75, RA-100, RB
- Lot type / use restrictions
- Single- and two-family residential lots; principal dwelling must be owner-occupied
- Limit per property
- Maximum of 1 ADU per lot
- Subdivision restriction
- Lot cannot be subdivided to separate the principal dwelling and ADU
Types allowed
- Attached ADU (interior conversion — basement/attic)
- Basement NOT permitted (must be above grade); above-grade interior conversion allowed
- Attached ADU (addition)
- Yes
- Detached ADU (new construction)
- Yes
- Detached ADU (accessory structure conversion — e.g., garage)
- Yes — exempt from bulk requirements when not expanded; full bulk applies if expanded
Size and placement
Size limits
- Maximum sq ft
- Set by ordinance; ADU must be smaller in size than the principal dwelling. Specific caps vary by base zone — confirm with the Zoning Office
- Maximum height
- Set by ordinance; must be less than the height of the principal dwelling
Setbacks
- Location restriction
- Above-grade only; basement/cellar prohibited
- Setback requirements
- Set by ordinance and vary by base district (RA-50 through RA-100, RB) — confirm with the South Orange Zoning Office
Rules for use
Parking
- ADU parking requirement
- One parking space, in addition to the parking required for the principal dwelling
Owner occupancy
- Required
- Yes — the principal dwelling must be owner-occupied
- Separate sale permitted
- No — common ownership required; lot cannot be subdivided
Rental use
- Short-term rental
- Prohibited — ADU occupancy must be 90 days or greater (excludes Airbnb-style rentals)
- Long-term rental
- Permitted (90 days+); ADU is for occupancy by one family/housekeeping unit
- Separate sale
- Not permitted
How to apply in South Orange
- Zoning approval
- Required from South Orange Engineering & Zoning Office; non-compliant proposals require bulk and/or use variance from the Zoning Board of Adjustment
- Building permit
- Required under the New Jersey Uniform Construction Code
- Application materials
- Engineering/architecture plans demonstrating compliance with all ordinance requirements (zoning compliance table, elevation plans, plus standard Building/Zoning Department documents and fees)
- Contact
- Engineering & Zoning Office; zoningofficial@southorange.org
Recent and pending changes
- 2023South Orange Village adopted Ordinance 2022-34, amending Chapter 185 to permit accessory dwelling units in RA-50, RA-60, RA-75, RA-100, and RB zones
Important details
- 90-day occupancy minimum: An ADU is defined as housing used by one family/housekeeping unit for 90 days or greater, effectively prohibiting Airbnb-style short-term rentals
- Basement prohibition: ADUs must be above ground with full access to light and air; cellar units are not permitted
- Conversion bulk exemption: Converting an existing accessory structure to an ADU without expanding it is exempt from the ordinance's bulk requirements; any expansion triggers full bulk compliance
- Variance pathway: Proposals that do not meet the ordinance's requirements can still proceed through a bulk and/or use variance application to the Zoning Board of Adjustment
Frequently asked questions
Do I need to live in my South Orange home to build an ADU?
Yes. The principal dwelling must be owner-occupied. The ADU and the principal dwelling must remain in common ownership and cannot be sold separately.
Can I convert my basement into an ADU in South Orange?
No. South Orange's ADU FAQ explicitly states that ADUs must be above ground with full access to light and air. Basement units are not permitted. Above-grade interior conversions, accessory-structure conversions, and detached new builds are all allowed.
Can I list my South Orange ADU on Airbnb?
No. The ordinance defines an ADU as housing for occupancy of 90 days or greater, which excludes Airbnb-style short-term rental use. Long-term rentals to a single family/housekeeping unit are permitted.
Sources (4)
Last reviewed 2026-04-28. Local rules can change — verify the latest details with the South Orange planning department, or book a free consultation with our team before starting your project. This page is informational and is not legal advice.