The Columbus Unified Development Ordinance treats ADUs as accessory uses subordinate to the principal single-family dwelling. Under Georgia zoning doctrine and O.C.G.A. § 36-66-4, an accessory use cannot exist independently of its principal use — making continued single-family use of the main dwelling effectively required. Georgia has not enacted any statewide preemption of local owner-occupancy rules.
The Columbus UDO classifies ADUs as accessory uses to the principal single-family dwelling in the RE-1 and SFR single-family residential districts. Under longstanding Georgia zoning doctrine and the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.), an accessory use cannot exist independently of its principal use, meaning the lot must continue to function as a single-family residential parcel with the main dwelling occupied as a single household. The UDO limits each parcel to one ADU and prohibits subdivision of the lot to create a second principal dwelling without rezoning. As a practical matter, Planning issues ADU approvals on the condition that the property remains a single-family residential parcel with the principal dwelling in active residential use. Pure investor configurations (owner off-site, both units rented to unrelated tenants as separate households without limitation) can be challenged as creating a de facto duplex in a single-family zone, which the UDO does not permit by right. Georgia has not enacted any statewide ADU preemption — no Georgia equivalent of California's AB 671 or Oregon's HB 2001 exists. Documentation typically reviewed: Muscogee County homestead exemption status, Georgia driver's license address, voter registration, and Columbus Water Works utility account holder. HOA covenants under O.C.G.A. § 44-3-220 et seq. (Georgia Property Owners' Association Act) may impose stricter owner-occupancy rules in covenanted neighborhoods.
Operating the property as a de facto duplex contrary to the accessory-use rules can trigger UDO enforcement by Planning and Inspections and Code, including Notice of Violation, stop-occupancy orders, and daily civil penalties under the Columbus Code. Repeated violations can result in revocation of the ADU approval and required de-conversion of the unit. Prosecution may occur in Columbus Municipal Court under O.C.G.A. § 36-30-8.
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