Marietta, GA Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Rule
- No paying guests or tenants allowed in ADU
- Applies in
- R-1, R-2, R-3 and R-4 districts
- Backstop rule
- Owner must occupy main house or ADU
- Enforcement tool
- City may seek utility shutoff under Sec. 718.07
- Max penalty
- $500 fine and/or 6 months jail, Sec. 718.08
Summary
Marietta bars renting out a backyard accessory dwelling unit to anyone. Section 708.01(C)(2)(c) states flatly that no paying guests or tenants are housed in an ADU built in the R-1 through R-4 single-family districts, closing off rental use of the unit citywide.
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.b)Such structure has 5,000 square feet of lot area dedicated to its use in addition to the district requirements for the principal use.c)No paying guests or tenants are housed.d)No other similar use or structure is located on the lot.
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
01(C), not as a rental product. Clause (c) is unambiguous: no paying guests or tenants are housed in the ADU. Clause (d) adds that no other similar use or structure may sit on the same lot, closing off the workaround of adding a second unit to rent out. The companion owner-occupancy clause (i) reinforces the ban by requiring the property owner to live in either the main house or the ADU, so the structure cannot function as an income property managed from off-site. The ADU must also be built behind the principal house at least 10 feet from any property line, on a lot with 5,000 square feet set aside for it beyond the principal use's requirements.
Because the ADU is a director-level temporary/conditional use rather than a use-by-right, the Department of Development Services can revoke approval the moment paying occupants move in. 08.
Violations & Fines
Housing a paying tenant in an ADU violates Section 708.01(C)(2)(c) and voids the director's temporary-use approval. Under Section 718.08, a conviction carries a fine of up to $500 and up to 6 months in jail per violation, and Section 718.07 lets the city seek an injunction or ask that utility service be withheld until the ADU is brought into compliance.
Frequently Asked Questions
Can I list my Marietta ADU on a short-term rental site?
What happens if I rent my Marietta ADU anyway?
Does the no-rental rule apply to all Marietta single-family districts?
Sources & Official References
Other rules in Marietta
Compare Marietta to another location·View the Georgia accessory structures overview
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