ADU Rules: Englewood vs Mahwah
How do adu rules rules compare between Englewood, NJ and Mahwah, NJ?
Englewood and Mahwah have similar restriction levels.
Englewood, NJ
Bergen County
Englewood does not generally authorize accessory dwelling units (ADUs) as a freestanding permitted use in its one-family residence districts. Chapter 250 (Land Use) of the Englewood Code, adopted under the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), limits residential zones to one-family dwellings plus accessory buildings/uses with coverage caps. Accessory apartments are addressed only through the city's affordable housing program and overlay zones (Ordinance 23-22 and successor amendments).
View full Englewood rules →Mahwah, NJ
Bergen County
Mahwah permits accessory apartments as a conditional accessory use in all residential zones under Chapter 24 (Zoning) of the Township Code. Section 24-4.1(d) authorizes the use, while Section 24-6.1(j) sets the conditions: one accessory apartment per single-family residence, 400 to 800 square feet, no more than 30% of the habitable living space, a maximum of three occupants, and the principal building must be owner-occupied at all times. After July 1, 1997, no new affordable accessory apartments may be created.
View full Mahwah rules →Key Facts Comparison
| Fact | Englewood | Mahwah |
|---|---|---|
| Local Code | Englewood Code Ch. 250 (Land Use), Part 4 (Zoning) | - |
| Enabling Statute | Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. | - |
| ADU as Permitted Use | Not generally permitted in one-family R districts | - |
| Accessory Building Coverage Cap | 20% (1-story principal) / 15% (multi-story) | - |
| Affordable Accessory Apartments | Overlay Zones Ordinance 23-22 / Fair Share Plan | - |
| Variance Path | Use variance under N.J.S.A. 40:55D-70(d) | - |
| Local Authority | - | Mahwah Code Ch. 24 (Zoning) |
| Permitting Section | - | Sec. 24-4.1(d) (conditional accessory use) |
| Standards Section | - | Sec. 24-6.1(j) |
| Where Allowed | - | All residential zones (conditional use) |
| Units Per Lot | - | One accessory apartment per single-family residence |
| Size Range | - | 400 to 800 sq ft, not more than 30% of habitable living space |
| Occupants | - | Maximum three per apartment |
| Owner Occupancy | - | Required at all times |
| State Law | - | N.J.S.A. 40:55D-1 et seq. (MLUL); N.J.A.C. 5:23 (UCC) |
Highlighted rows indicate differences between cities.
Englewood FAQ
Can I build a backyard ADU or in-law suite in Englewood?
Not as-of-right. Englewood's zoning code limits one-family residence districts to a single principal dwelling plus accessory buildings that are not separate dwelling units. To add a second unit you typically must qualify under the city's affordable housing overlay program or obtain a use variance from the Zoning Board of Adjustment under N.J.S.A. 40:55D-70(d).
What's the difference between an accessory building and an accessory dwelling unit here?
Englewood's zoning permits accessory buildings such as detached garages, sheds, and similar structures within coverage limits, but those structures cannot be used as separate dwelling units with their own kitchen and sanitary facilities. A second residential unit, attached or detached, is treated as a second dwelling and requires zoning approval through the affordable housing overlay or a use variance.
Mahwah FAQ
Where in Mahwah can I add an accessory apartment?
Accessory apartments are permitted as a conditional accessory use in all residential zones under Section 24-4.1(d) of the Mahwah Zoning Ordinance. Conditional use approval from the Planning Board is required, and the unit must satisfy the standards in Section 24-6.1(j).
Can I rent out the accessory apartment if I don't live in the main house?
No. Section 24-6.1(j) requires that the building be owner-occupied at all times. An accessory apartment cannot lawfully be operated on a property where the owner does not occupy the principal dwelling.
How big can the accessory apartment be?
The minimum floor area is 400 square feet and the maximum is 800 square feet, and in no case may the apartment exceed 30% of the habitable living space of the dwelling, per Section 24-6.1(j).
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