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Cherry Hill, NJ Accessory Structures: ADU Rules (2026)

Heavy Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Cherry Hill, NJ, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Ban location: § 40-401J, item 2
Applies to: all zoning districts townshipwide
Also banned, same subsection: junkyards, mobile homes, drive-ins
Relief path: use (d) variance, N.J.S.A. 40:55D-70d
Enforcement: Zoning Officer
Penalty: up to $2,000 or 90 days

ADU Eligibility Quick-Check

An Accessory Dwelling Unit (ADU) is a smaller, independent living unit on the same lot as a single-family home: converted garages, detached cottages, basement or attic conversions, and attached additions all qualify. Most states have streamlined ADU permitting since 2020, but local rules still control size, height, and setback.

Is your lot zoned single-family or multi-family residential?
Does your lot have at least 1,200 sq ft of buildable space?
Is your existing home owner-occupied (in most states this is not required, but some require it for ADU permits)?
Will the ADU stay under your state's size cap (commonly 850-1,200 sq ft for detached)?
Can you provide one off-street parking space (waived in many states within 0.5 mi of transit)?

If you answered 'yes' to most of these, you likely qualify in New Jersey under recent ADU streamlining laws. The Cherry Hill, NJ rules below cover local size, height, and setback requirements.

Summary

Cherry Hill Township's zoning ordinance flatly bans accessory dwelling units. Section 40-401J lists "Accessory dwelling units, 'mother-in-law' suites, and the like" among nine uses "specifically prohibited" townshipwide, alongside junkyards, mobile homes, and drive-in restaurants, so there is no permit path to add a second dwelling unit to a single-family lot.

J. Specifically prohibited uses. Any use not permitted within this Ordinance shall be prohibited, with the following uses specifically prohibited: 1. Automobile wrecking and junkyards. 2. Accessory dwelling units, "mother-in-law" suites, and the like. 3. Airfields, heliports and helistops. 4. Drive-in restaurants. 5. Mobile home dwelling units.

View official code

Full Breakdown

Cherry Hill Township Code § 40-401, General regulations, applies townshipwide across all eighteen zoning districts created in Article III. Subsection J, "Specifically prohibited uses," states that "any use not permitted within this Ordinance shall be prohibited," then lists nine categories that are banned outright rather than merely omitted from a district's permitted-use list. Accessory dwelling units and "mother-in-law" suites are the second item on that list, grouped with automobile wrecking yards and junkyards, airfields and heliports, drive-in restaurants, mobile home dwelling units, used-automobile sales lots (except as an accessory to a factory-authorized new-car dealership), unpermitted outdoor storage, quarrying and resource extraction, and sanitary landfills or incinerators.

Because the ban sits in the general regulations rather than any single district section, it reaches the Residential Agriculture, R1, R2, R3, R7, R10, and R20 districts alike: there is no residential zone in the township where a second, independent dwelling unit, whether a basement apartment, garage apartment, or in-law suite, can be added to a single-family lot as of right or by conditional use. A. 40:55D-70d, granted only by the Zoning Board of Adjustment.

Violations & Fines

Constructing or occupying a prohibited accessory dwelling unit without Zoning Board approval is a zoning violation enforced by the Township's Zoning Officer under Chapter 1, § 1-5.1: a fine up to $2,000, up to 90 days imprisonment, or up to 90 days of community service, with each day of continued violation counted separately under § 1-5.5.

Frequently Asked Questions

Can I build an accessory dwelling unit or in-law suite in Cherry Hill Township?

No. Section 40-401J of the Cherry Hill Township Code specifically prohibits "accessory dwelling units, 'mother-in-law' suites, and the like" in every zoning district. Cherry Hill has not adopted an ADU ordinance, so there is no permit path for a second dwelling unit on a single-family lot.

Does this ban apply only to certain zones?

No. The prohibition sits in § 40-401, General regulations, the introductory section of Article IV that applies to every zoning district Chapter 40 creates, from the Residential Agriculture zone through the Institutional zone, not just single-family residential districts.

Is there any way to get an ADU approved?

Only through a use (d) variance from the Zoning Board of Adjustment under N.J.S.A. 40:55D-70d, the standard defined at § 40-202 for deviations from permitted-use rules; because the code lists ADUs as specifically prohibited, ordinary bulk variance relief for setbacks or lot size does not apply.

What happens if I add one without approval?

It's a zoning violation. The Zoning Officer can cite the property under Chapter 1, § 1-5.1, for a fine up to $2,000, up to 90 days in jail, or up to 90 days of community service, and each day it continues counts as a separate offense.

Sources & Official References

[1]Cherry Hill Township Code § 40-401J, General Regulations (eCode360)

Other rules in Cherry Hill

Fence Regulations: Retaining WallsSome Restrictions Animal Ordinances: Bird ProtectionSignificant Restrictions Animal Ordinances: Wildlife FeedingSome Restrictions Fire Regulations: FireworksSignificant Restrictions Fire Regulations: Smoke DetectorsSome Restrictions Landscaping Rules: Tree TrimmingSome Restrictions

All Cherry Hill rules

How Cherry Hill compares: Easiest Cities to Build an ADU·Compare Cherry Hill to another location·View the New Jersey accessory structures overview

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