ADU Owner Occupancy: Alpharetta vs Atlanta
How do adu owner occupancy rules compare between Alpharetta, GA and Atlanta, GA?
Alpharetta, GA
Fulton County
No data available yet for Alpharetta.
Atlanta, GA
Fulton County
Atlanta requires that the property owner reside in either the primary dwelling or the ADU as their primary residence. This owner-occupancy requirement is part of the 2017 ADU ordinance and is recorded as a deed restriction on the parcel before the building permit is issued.
View full Atlanta rules →Key Facts Comparison
| Fact | Alpharetta | Atlanta |
|---|---|---|
| Required | - | Yes - one unit must be owner's residence |
| Authority | - | Atlanta Code §16-29 |
| Documentation | - | Affidavit + deed restriction |
| Verification | - | Homestead exemption recommended |
| Rentals | - | Other unit may be rented |
Highlighted rows indicate differences between cities.
Alpharetta FAQ
No FAQs available.
Atlanta FAQ
Does Atlanta require ADU owner occupancy?
Yes. Under Atlanta Code §16-29, the property owner must reside in either the primary dwelling or the ADU as their primary residence. A notarized affidavit and recorded deed restriction are required before the certificate of occupancy is issued.
Can I rent both units to non-owners?
No. If you cease to occupy either the principal dwelling or the ADU as your primary residence, the ADU loses its legal status. The other unit may be rented to a non-owner — only one of the two units must be owner-occupied.
How does Atlanta verify occupancy?
Through the homestead exemption application on file with the Fulton County Tax Assessor, the notarized owner-occupancy affidavit, and the recorded deed restriction. Code Enforcement may also investigate complaints from neighbors.
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