Newark, NJ Accessory Structures: ADU Rules (2026)

Newark treats an accessory dwelling unit as a conditional use rather than a use permitted by right, governed by § 41:6-2-1 of the Conditional Use Standards, adopted November 1, 2023 under Ordinance No. 6PSF-E, which means an application goes to the Central Planning Board under the procedure at § 41:6-1 rather than receiving a zoning permit automatically. Only one ADU is allowed per property, whether it is built detached in the yard or attached to the principal residence, and it cannot be carved out of a basement, cellar, or attic, nor can an existing garage be converted into one; a detached ADU has to be genuine new or reconfigured space, not a repurposed accessory building.

The lot has to be at least 5,000 square feet, and the floor area of the ADU itself must fall between 400 square feet and 25% of the principal dwelling's floor area, capped at 600 square feet no matter how large the main house is. The ordinance requires common ownership of the principal dwelling and the ADU, plus owner occupancy of one or the other, so an investor cannot own the ADU separately from the house or rent out both units to non-owners. Subdivision cannot be used to split the ADU from the principal residence into a separate lot.

One off-street parking space is required, and the unit cannot be used as a short-term rental: the minimum lease term is six months. A detached ADU also carries its own bulk standards, including a 20-foot height cap and setbacks of 10 feet from one side, five feet from the other side, and five feet each from the rear line, the principal building, and any other accessory structure.