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South Fulton, GA Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

No-rent condition
Occupancy must be without payment of rent
Count per lot
Maximum one guest house structure
Size
650-1,500 sq ft heated (or 400 sq ft Tiny House)
Location
Rear yard only
Setbacks
Principal building setbacks apply

Summary

South Fulton's Zoning Ordinance Sec. 303.09 allows one guest house per lot, but only for relatives, guests or on-site employees occupying it without paying rent; renting a guest house out as a separate dwelling is not an allowed use of the accessory structure.

Sec. 303.09. - Guest house. (a)No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent.(b)A separate kitchen facility shall be allowed.(c)Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet, with the exception that a guest house may be allowed to be constructed as a 400 square foot maximum Tiny House, as defined in this Ordinance and in accordance with current State Minimum Standard Residential Code(s) with Georgia State Amendments.(d)Principal building setbacks shall apply.(e)The location shall be limited to the rear yard.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13 Update 1).

Full Breakdown

Sec. 09(a) caps guest houses at one structure per lot and restricts occupancy to relatives, guest(s) or employees who work on the property, explicitly stating they must occupy it without payment of rent, which forecloses using the structure as a rental unit or accessory dwelling for lease. A guest house is allowed a separate kitchen facility, distinguishing it from a bedroom addition. Heated floor area must fall between 650 and 1,500 square feet, though the section carves out an exception letting a guest house be built as a 400-square-foot maximum Tiny House if it meets the current State Minimum Standard Residential Code with Georgia amendments.

Placement is restricted to the rear yard only, and the structure must still meet the same setbacks that apply to the principal building on the lot under Sec. 09(d). Because the no-rent condition is written into the definition of the allowed use itself, converting a guest house into a leased unit is not a code compliance question the city resolves through variance; it is a use the zoning district does not permit for that structure type.

Violations & Fines

Using a guest house as a rental in violation of Sec. 303.09(a)'s no-rent condition is a zoning violation enforced under Title 5, Chapter 1: Sec. 5-1005 requires the city to serve written notice and a deadline to cease the rental use, and continuing it afterward is a misdemeanor, with each day a separate offense plus reimbursement of the city's enforcement costs; Sec. 5-1010 also lets the Department of Community Development and Regulatory Affairs withhold or revoke the certificate of occupancy for the guest house until the unauthorized rental use stops.

Frequently Asked Questions

Can I rent out a guest house in South Fulton?
No. Sec. 303.09(a) limits guest house occupancy to relatives, guests or on-property employees who live there without paying rent, so renting it out as a separate dwelling is not an allowed use of the structure.
How big can a South Fulton guest house be?
Between 650 and 1,500 square feet of heated floor area, or up to 400 square feet if built as a Tiny House meeting the state's residential code amendments, per Sec. 303.09(c).
Where on the lot can a guest house be built?
Only in the rear yard, and it must meet the same setbacks required for the principal building on the property, under Sec. 303.09(d) and (e).

Sources & Official References

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