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Stonecrest, GA Accessory Structures: ADU Owner Occupancy (2026)

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

Key Facts

Who must occupy
Owner, titleholder, or contract purchaser
Which unit
Principal dwelling or ADU, either one
Proof required
Homestead exemption on the property
Construction standard
ADU built to principal-use building code
Noncompliance risk
Treated as unauthorized duplex use

Summary

In the City of Stonecrest, an accessory dwelling unit is not an investment rental: Zoning Ordinance Sec. 4.2.3(C)(3) requires the property owner, including titleholders and contract purchasers, to live in either the main house or the ADU as their residence and to hold a homestead exemption on the property. Renting out both units to tenants while the owner lives elsewhere is not allowed.

2.The accessory dwelling unit shall conform to applicable standards of the state, city and city building codes for residential units as principal uses.3.The property owner, who shall include titleholders and contract purchasers, must occupy either the principal dwelling unit or the accessory dwelling unit as their residence, and possess a homestead exemption.

Full Breakdown

Sec. 4.2.3.C makes attached and detached accessory dwelling units permitted by right on a residential single-family lot, but only once a use-and-occupancy condition is met alongside the lot-size, size and design standards in the rest of the subsection: the property owner, defined broadly enough to reach titleholders and contract purchasers, has to occupy either the principal house or the ADU as an actual residence. The occupancy test is tied to a homestead exemption, the property-tax filing that only applies to an owner's primary residence, so the city can point to the DeKalb County tax digest to confirm the owner genuinely lives on the property rather than renting out both units as absentee income property.

Subsection C.2 backs this owner-occupancy condition with a construction standard: the ADU itself must conform to applicable state and city building codes for residential units used as principal uses, so it cannot be built to a lighter accessory-only code and still be occupied as someone's residence. Because the requirement sits inside the same by-right pathway as the lot-size and unit-cap standards, losing homestead status, for example by moving out of both units, or by selling to an owner who does not occupy either unit, converts the property's use into a noncompliant duplex rather than a lawful ADU.

Violations & Fines

An ADU where neither the owner nor a titleholder or contract purchaser lives on-site, or where the homestead exemption lapses, is being operated as an unauthorized duplex rather than a lawful accessory dwelling unit under Sec. 4.2.3.C.3, a violation enforceable under the Code's general penalty in Sec. 1-11: a fine up to $1,000.00, up to 120 days imprisonment, or both, with each day of continued noncompliant occupancy counted as a separate offense.

Frequently Asked Questions

Can I rent out both the main house and the ADU?
No. Sec. 4.2.3.C.3 requires the property owner, including titleholders and contract purchasers, to occupy either the principal dwelling or the accessory dwelling unit as their residence, so renting out both to tenants while the owner lives elsewhere is not a permitted arrangement.
What proof does the city look for?
The code ties occupancy to a homestead exemption. Sec. 4.2.3.C.3 requires the owner to possess a homestead exemption on the property, the tax filing that is only available for an owner-occupied primary residence, giving the city a documentary check on genuine occupancy.
Does the ADU have to meet the same building code as the main house?
Yes. Sec. 4.2.3.C.2 requires the accessory dwelling unit to conform to applicable state, city and city building codes for residential units as principal uses, not a lighter accessory-only standard.

Sources & Official References

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