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Clayton County, GA Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Zoning Ordinance Sec. 4.108, RT-5, Item 8
Owner-occupancy required
Yes, owner must occupy either unit
ADUs per lot
1 maximum per primary dwelling
Max ADU size
800 sq ft or 3/4 of home's living area
Max combined lot coverage
60% of lot
Additional parking required
None

Summary

In the TOD Residential Support (RT) Overlay near future transit stations, Clayton County requires the lot holding an accessory dwelling unit to be owner-occupied, with the owner free to live in either the ADU or the main house, under Zoning Ordinance Sec. 4.108, RT-5.

These county ordinances apply to unincorporated areas of Clayton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

RT-5 Accessory Dwelling Units: Accessory dwelling units are permitted in the RT zone.1.An accessory dwelling unit may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of a qualifying existing house to an accessory cottage while simultaneously constructing a new primary dwelling on the site.2.A maximum of one (1) accessory dwelling unit is permitted per primary dwelling.3.The accessory dwelling unit can be internal to the primary dwelling, attached, or detached.5.The maximum lot coverage of the primary single-family dwelling and the accessory dwelling unit cannot exceed 60%.6.The maximum size of an accessory dwelling unit is limited to the lesser of 800 square feet or three-quarters of the living area of the primary single-family dwelling.8.A lot or parcel of land containing an accessory dwelling unit shall be occupied by the owner of the premises, and the owner may live in either the accessory dwelling unit or the primary dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).

Full Breakdown

Sec. 108 creates the RT Overlay to encourage incremental residential growth within a half-mile of proposed high-capacity transit stations, and RT-5 sets the standards for accessory dwelling units within it. One ADU is permitted per primary dwelling, created either through new construction, converting an existing structure, adding onto the house, or converting a qualifying existing house into an accessory cottage while a new primary home is built on the same site. The unit can be internal to the main house, attached, or fully detached, but combined lot coverage of the primary dwelling and the ADU together cannot exceed 60 percent, and the ADU itself is capped at whichever is smaller: 800 square feet, or three-quarters of the primary dwelling's living area.

No additional off-street parking is required for the ADU. Item 8 is the owner-occupancy rule itself: the lot containing the ADU has to be occupied by the property's owner, though the owner is free to choose which unit to live in, the ADU or the primary house, rather than being locked into the main dwelling. Aesthetic-continuity rules also apply: exterior materials on the ADU must be primarily brick, wood, stucco, or stone, matching the principal dwelling, with textured concrete masonry or fiberboard allowed only as a minority material.

Violations & Fines

An ADU permit application for a non-owner-occupied lot does not qualify under RT-5 and Community Development can deny the accessory dwelling permit on that basis alone; an owner who moves out of both units after approval creates a compliance issue the county can pursue through code enforcement. Appeals of a permit denial run through the Administrative Appeals Process in Article 13.22.

Frequently Asked Questions

Do I have to live in the main house or can I live in the ADU?
Either works. RT-5 item 8 requires the lot to be occupied by the owner but explicitly lets the owner live in the accessory dwelling unit instead of the primary house, as long as one of the two is the owner's residence.
Can I rent out both the house and the ADU while living elsewhere?
No. RT-5 requires owner occupancy of the lot itself, so a non-owner cannot be the sole occupant of both the primary dwelling and the ADU; the owner must live in one of the two units.
How big can the accessory dwelling unit be?
RT-5 item 6 caps it at 800 square feet or three-quarters of the primary dwelling's living area, whichever is smaller, and item 5 also limits the combined lot coverage of both structures to 60 percent of the lot.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

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