Marietta, GA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Districts allowed
- R-1, R-2, R-3 and R-4 single-family zones
- Approval type
- Director-issued temporary/conditional use, not a BZA variance
- Occupancy rule
- Owner must live in house or ADU
- Size cap
- Footprint up to 50% of principal structure
- Setback (tall ADU)
- 10 ft side, 35 ft rear over 15 ft height
- Max penalty
- $500 fine and/or 6 months jail per Sec. 718.08
Summary
Marietta lets homeowners in the R-1 through R-4 single-family districts build one accessory dwelling unit as a director-approved temporary/conditional use, but Section 708.01(C)(2)(i) requires the property owner to live in either the main house or the ADU. An absentee owner loses the approval.
2.One accessory dwelling unit (ADU), provided:a)Such structure is located to the rear of the principal structure and no less than 10 feet from any property line. ... i)The property owner must occupy either the principal structure or the accessory 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 56).
Full Breakdown
The city's zoning ordinance treats an accessory dwelling unit as a director-approved temporary/conditional use in the R-1, R-2, R-3 and R-4 single-family districts, not a use anyone can add without review. 01(C)(2) requires the ADU to sit behind the principal house at least 10 feet from any property line, on a lot with 5,000 square feet dedicated to it beyond what the principal use needs, and limits its footprint to half the principal structure's footprint and its height to no more than the main house.
An ADU taller than 15 feet must step back 10 feet from the side line and 35 feet from the rear, or a distance equal to its own height, whichever is less. Clause (i) then adds the occupancy rule that makes the unit a true accessory rather than a second rental home: the property owner must occupy either the principal structure or the accessory dwelling unit. No ADU may be built before the principal structure exists, and paying guests or tenants are barred from the unit under clause (c), so an owner cannot rent out the ADU while living elsewhere.
The Director of the Department of Development Services issues and can revoke the temporary-use approval; the Board of Zoning Appeals has no authority over ADUs in these districts because they are a director-level use, not a BZA variance.
Violations & Fines
Operating an ADU without the property owner living on site, or renting it to a non-owner tenant while the owner lives away, breaches the Section 708.01(C)(2) conditions and can cost the director-issued approval. Like other zoning violations citywide, a conviction under Section 718.08 carries a fine of up to $500 per violation and up to 6 months in jail, with each day after a 30-day grace period counted as a separate offense.
Frequently Asked Questions
Can I rent my Marietta ADU out to someone else while I live in the main house?
How big can an ADU be on an R-1 lot in Marietta?
Who approves an ADU in Marietta, the Board of Zoning Appeals or city staff?
Sources & Official References
Other rules in Marietta
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