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

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

Key Facts

Owner-occupancy
Principal home must be owner-occupied
Units per lot
One accessory apartment maximum
Size cap
750 sq ft or 40% of home, lesser
Parking
One off-street space required
Footprint
Cannot expand existing dwelling or garage footprint
Enforcement
Rome-Floyd County Planning/Building Inspection

Summary

In unincorporated Floyd County, an accessory apartment is allowed only where the property's principal home is owner-occupied. The Unified Land Development Code (Appendix B) limits each lot to one accessory apartment, caps its floor area at 750 square feet or 40 percent of the primary dwelling, whichever is smaller, and bars expanding the existing home's or garage's footprint to build it.

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

4.1.29. - ACCESSORY APARTMENT Where otherwise permitted, an accessory apartment must comply with the following minimum requirements: a.The footprint of an existing primary dwelling or an existing detached garage shall not be increased or expanded to accommodate an accessory apartment.b.The principle residential building located on the lot must be occupied by the owner of that property.c.Only one accessory apartment shall be permitted per lot.d.An accessory apartment shall preserve the character of the single-family pattern of development of the neighborhood and remain visually subordinate to the principle residential building.e.The floor area of an accessory apartment shall not exceed 750 square feet or 40 percent of the floor area of the principle building, whichever is less.f.One off-street parking space on the same lot shall be provided for the accessory apartment.

Full Breakdown

29. Where the underlying zoning district otherwise permits an accessory apartment, the code sets six conditions. First, the footprint of an existing primary dwelling or an existing detached garage cannot be increased or expanded to accommodate the unit, so it has to fit within an already-built footprint. Second, and central to the rule, the principal residential building on the lot must be occupied by the property's owner; a landlord who does not live on the property cannot add an accessory apartment. Third, only one accessory apartment is permitted per lot.

Fourth, the unit must preserve the single-family character of the neighborhood and stay visually subordinate to the main house. Fifth, floor area is capped at 750 square feet or 40 percent of the principal building's floor area, whichever number is lower. Sixth, one off-street parking space must be provided on the same lot for the accessory apartment. Applications run through the joint Rome-Floyd County Planning Department and Building Inspection division, which reviews zoning compliance and any required building permit before construction begins.

Violations & Fines

Building an accessory apartment without meeting the owner-occupancy and size limits is a Development Code violation. Under ULDC § 7.5.3, the Chief Building Inspector can order a cease-and-desist against the illegal use. Under § 7.6.2, a land-use violation is a misdemeanor punishable by up to $1,000 and six months in jail, and each day the violation continues counts as a separate offense.

Frequently Asked Questions

Can I rent out an accessory apartment if I don't live on the property?
No. ULDC § 4.1.29 requires the principal residential building on the lot to be occupied by the property owner before an accessory apartment is allowed, so absentee landlords cannot add one.
How big can a Floyd County accessory apartment be?
The floor area cannot exceed 750 square feet or 40 percent of the principal dwelling's floor area, whichever is less, under ULDC § 4.1.29(e).
Can I build a new detached structure for an accessory apartment?
Not by expanding footprint. Section 4.1.29(a) bars increasing the footprint of the existing primary dwelling or an existing detached garage to accommodate the unit, so it must fit within what's already built.

Sources & Official References

Other rules in Floyd County

All Floyd County rules

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