Clayton County, GA Accessory Structures: ADU Owner Occupancy (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.
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.
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?
Can I rent out both the house and the ADU while living elsewhere?
How big can the accessory dwelling unit be?
Sources & Official References
Other rules in Clayton County
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