Toms River, NJ Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner must occupy
- Detached single-family dwelling
- Not permitted in
- Rentals, attached, multifamily units
- Governing section
- Code § 348-11.4A
Summary
Toms River Township requires that any affordable accessory apartment sit inside a detached home occupied by its owner: it cannot be added to a rental, condo, or non-owner-occupied dwelling.
The affordable accessory apartment shall be located within a detached, owner-occupied single-family dwelling and on a lot that otherwise conforms to the bulk requirements of the zoning district which it is located.
B. For the purpose of this section, the definition an "affordable accessory apartment" shall be defined as a self-contained residential dwelling unit with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household.
C. Conditions.
(1) All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes and are subject to all applicable provisions of § 348-11.3 exclusive of § 348-11.3E which requires specific bedroom distributions. The Township's accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
(2) The affordable accessory apartment shall be rented only to a household which is either a low- or moderate-income household at the time of initial occupancy of the unit.
(3) The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households.
(4)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).
Full Breakdown
Section 348-11.4A of the Land Use and Development Regulations conditions affordable accessory apartments on owner-occupancy: the apartment must be located within a detached, owner-occupied single-family dwelling, not a rental, multifamily building, or investor-owned property. The lot must otherwise conform to the applicable zoning district's bulk requirements. The owner-occupancy condition, combined with the district limits, keeps the affordable accessory apartment program tied to the property owner living on site rather than to absentee landlords.
Violations & Fines
Installing an affordable accessory apartment in a dwelling that is not owner-occupied, or in an attached or multifamily building, breaches § 348-11.4A and can void permit approval and program subsidy eligibility.
Frequently Asked Questions
Can a landlord add an affordable accessory apartment to a rental property?
Does owner-occupancy apply to the main house or the apartment?
Sources & Official References
Other rules in Toms River
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