Gautier, MS Accessory Structures: ADU Rules (2026)

Mississippi delegates zoning authority to municipalities under Miss. Code Ann. Title 17, Chapter 1 (Planning, Zoning and Land Use Regulations). There is no statewide statute mandating that cities permit accessory dwelling units, no statewide ADU size, parking, or owner-occupancy standard, and no preemption of local ADU rules. The City of Gautier's primary land-use document is Appendix A - Zoning of the Code of Ordinances. Article II, Section 1 establishes the R-1 Single-Unit Residential District, described as the most restrictive and least densely populated district, with the principal use of land for single-living unit dwellings and related recreational, religious, and educational facilities. The R-1 ordinance specifies that unattached accessory structures may not be located within five (5) feet of a rear lot line, ten (10) feet of a side lot line, or closer than sixty (60) feet to the front lot line, and shall not exceed twenty (20) percent of rear yard area limited by setback requirements or fifty (50) percent of the main building area, whichever is less. Because R-1 is keyed to single-living-unit dwellings, a detached habitable accessory dwelling unit (full second unit with kitchen, bath, and sleeping quarters) is not a use of right; property owners proposing an ADU, garage apartment, mother-in-law suite, or detached guest quarters should request a written zoning verification from the Gautier Planning and Building Department before construction. Building permits are required for any habitable accessory structure, and the Mississippi Building Code (2018 IBC/IRC family adopted under Miss. Code Ann. § 17-25-21) governs construction.