Auburn, AL Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Rental allowed
- No, ADU cannot be rented for income
- Governing clause
- Zoning Ordinance Section 408.02(D)(4)(h)
- Alternative rental path
- Separate Short-Term Non-Primary Rental use, §408.02(D)(6)
- Variance available
- None under Section 408.02(D)(4)(i)
- Penalty for violation
- Up to $500 fine, 6 months jail
Summary
Auburn's accessory dwelling unit rule doubles as a rental ban: Zoning Ordinance Section 408.02(D)(4)(h) states an ADU "shall not be rented or used as income producing property," closing off the garage-apartment-as-rental-income model even though the unit itself is legal to build.
The principal dwelling unit must be owner-occupied; and an accessory dwelling unit shall not be rented or used as income producing property. ... No accessory dwelling unit shall be approved unless all the conditions set forth above are met. No waivers or variances to this Section shall be allowed as a means of accommodating an accessory dwelling unit.
Full Breakdown
Auburn allows an accessory dwelling unit on an owner-occupied lot, but the same sentence that grants the owner-occupancy condition also forecloses using the unit for income. " That means a homeowner can build a garage apartment or in-law suite for a family member, caregiver, or personal use under the unit's own size cap of 30 percent of the principal home's floor space (or 1,000 square feet, whichever is smaller) and its two-story height limit, but cannot then lease it out to a tenant or otherwise treat it as a rental unit generating separate income.
02(D)(6), which is a distinct, permitted rental use elsewhere in the code subject to its own zoning certificate and a 240-day annual operating cap; an ADU cannot simply be converted into one of those rentals instead. The closing clause in subsection (i) reinforces the ban: no waivers or variances are available to accommodate an accessory dwelling unit outside these conditions, so a property owner cannot appeal to the Board of Zoning Adjustment for permission to rent the unit out.
Violations & Fines
Renting out an accessory dwelling unit violates the express condition in Section 408.02(D)(4)(h) and can void the unit's approval, since Section 408.02(D)(4)(i) bars any waiver or variance to accommodate it. A property found renting an ADU is subject to the Zoning Ordinance's general penalty under Section 909: up to a $500 fine and up to six months in city jail, with each day of the violation counted separately.
Frequently Asked Questions
Can I rent out my Auburn accessory dwelling unit for extra income?
Is there any way to get a variance to rent my ADU?
Could I convert my ADU into a short-term rental instead?
Sources & Official References
Other rules in Auburn
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