ADU Rules: Garfield vs Mahwah
How do adu rules rules compare between Garfield, NJ and Mahwah, NJ?
Garfield has fewer restrictions than Mahwah.
Garfield, NJ
Bergen County
Garfield's Zoning Code (Chapter 320, codified on eCode360) regulates accessory buildings under Article IX, but does not contain a dedicated accessory dwelling unit (ADU) ordinance. Two-family conversions and accessory apartments are governed by Chapter 131 (Dwelling and Rooming Units, originally adopted Sept. 1, 1970) and the underlying district use regulations. Authority is delegated to Garfield by the NJ Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., P.L. 1975 c. 291).
View full Garfield 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 | Garfield | 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.
Garfield 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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