ADU Rules: Fair Lawn vs Mahwah
How do adu rules rules compare between Fair Lawn, NJ and Mahwah, NJ?
Fair Lawn has fewer restrictions than Mahwah.
Fair Lawn, NJ
Bergen County
Fair Lawn's Land Development Ordinance (Chapter 125, codified on eCode360) does not contain a stand-alone accessory dwelling unit (ADU) ordinance. The R-1-1, R-1-2 and R-1-3 Zones permit only one one-family dwelling per lot with no other principal use; two-family dwellings are permitted only in R-2 (and zones above), and accessory uses must be customarily incidental to the principal use. Authority is delegated to Fair Lawn by the NJ Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., P.L. 1975 c. 291).
View full Fair Lawn 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 | Fair Lawn | Mahwah |
|---|---|---|
| - | - | |
| 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.
Fair Lawn FAQ
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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