Athens-Clarke County (a consolidated city-county government) does not currently permit accessory dwelling units (ADUs) under its unified zoning ordinance. A proposed ADU ordinance that would have allowed one detached unit up to 800 sq ft was voted down 5-4 by the Mayor and Commission on December 6, 2022. Property owners cannot legally construct or occupy a separate ADU; they would need a zoning variance or to wait for future Missing Middle Housing reforms. Guesthouses and accessory structures without independent kitchens may still be allowed under accessory-structure rules in Title 9 of the Code.
Athens-Clarke County is a consolidated unified government, so all zoning is administered under Title 9 (Zoning) of the Athens-Clarke County Code of Ordinances. As of the most recent code amendments, the unified zoning ordinance does not include provisions allowing accessory dwelling units (separate, complete dwelling units with independent kitchens and bathrooms) on single-family lots. A formal ADU ordinance was developed and reviewed by the Athens-Clarke County Planning Commission, which unanimously recommended approval of a proposal to permit one detached ADU per lot up to 800 sq ft with fewer bedrooms than the principal residence. The Mayor and Commission rejected that proposal on a 5-4 vote on December 6, 2022, with disagreement centered on bedroom count and parking. In March 2023 Mayor Kelly Girtz announced that ADUs would be revisited as part of a broader Missing Middle Housing community process, but no replacement ADU ordinance has been adopted to date. Until an ordinance is passed, an ADU on a property zoned single-family residential (RS-5, RS-8, RS-15, RS-25, RS-40) is not a permitted use. A guesthouse or accessory structure without a separate kitchen and not used as an independent dwelling may still be permitted as an accessory use under Chapter 9-15 (General Regulations) subject to setbacks, lot coverage, and the principal-use requirement. Anyone wishing to add a self-contained second unit must apply for a use variance through the Hearings Board or wait for code amendment.
Constructing or occupying an ADU as a second independent dwelling without a permitted-use authorization is a zoning violation under Title 9 of the Code, enforceable through stop-work orders, daily code-enforcement fines, and required removal or conversion of the unauthorized unit. Renting a non-permitted second dwelling separately can also trigger short-term rental and business-tax-certificate violations under Chapter 9-15.
See how Clarke County's adu rules rules stack up against other locations.
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