Wayne, NJ Accessory Structures: ADU Rules (2026)

Wayne Township Code § 134-30.4, titled Multiple kitchens, is the section that governs a second cooking area in a detached dwelling. It caps the count at two kitchens. For the second kitchen to exist, the owner must have entered into a deed restriction agreement with the Township and given the Planning Department proof that the agreement was recorded in the Passaic County Clerk's Office. The application goes to the Business Administrator for review and approval. The section was added 3-6-2013 by Ord. No. 4-2013 and amended by Ord. No. 47-2018.

Other Chapter 134 rules shape what can be built. Boarding houses and rooming houses are prohibited in all districts under § 134-28.1.I and J. Accessory buildings and structures must sit on the same lot as the principal building, cannot alter the character of the premises, and go in the rear yard (§ 134-62.1). On single-family lots there can be no more than 2 accessory structures per property, not counting detached garages, accessory garage coverage cannot exceed 700 square feet, and total accessory building coverage cannot exceed seven percent of the lot or 1,000 square feet, whichever is less. A zoning permit is required for an accessory structure, and the fee schedule lists $50.

Chapter 100 backs this up at resale and turnover. No residential premises can change tenancy, use or ownership without a certificate of continued occupancy from the Enforcement Officer, except between spouses, parent and child, or siblings. The inspection under § 100-4 looks for attic or basement apartments, finished basements, second kitchens and similar items, and each must have been built with the required permits or a variance. If the inspection finds a second kitchen without prior approvals, § 100-7.1 requires the owner to enter a deed restriction agreement recorded in the Passaic County Register's Office, assesses a filing fee under Chapter 75, and withholds the certificate until all fees are paid.