Decatur, GA - ADU Regulations

In a proactive effort to combat the ongoing housing crisis, the State of California has adopted specific regulations to promote the construction and utilization of Accessory Dwelling Units (ADUs). Here's an expanded and comprehensive breakdown of the key points:

1. Purpose and Prominence: California recognizes the potential of ADUs in providing affordable housing options. Given the state's dense urban centers and escalating property prices, ADUs present a viable solution to address the growing demand for residential spaces.‍

2. Eligibility for Establishment: Both single-family homes and multifamily properties can host an ADU.‍

3. Size Considerations: For detached ADUs, the maximum allowable size is up to 1,200 square feet.
The actual size of an ADU might vary depending on specific factors such as the total lot area and the size of the primary dwelling on the property.

4. Parking Norms: The state mandates limited parking requirements for ADUs.
If an ADU is situated near public transit, these parking stipulations may be even less stringent, facilitating easy construction and usage.‍

5. Owner-Occupancy: Historically, some jurisdictions required the property owner to live in either the primary home or the ADU. However, for ADUs permitted between 2020 and 2025, the state does not enforce such owner-occupancy requirements, allowing for greater flexibility in usage.

6. Setback Rules: For detached ADUs, there's a minimum setback requirement of 4 feet from both the rear and side yard boundaries.‍

7. Approval Process: Cities across the state are obligated to approve compliant ADU applications within a span of 60 days. This streamlined process ensures quick turnarounds and encourages homeowners to consider ADU development.‍

8. Fee Structure: To further incentivize ADU establishment, the state has reduced or completely waived fees for ADUs that are less than 750 square feet. This can translate to significant savings for property owners.‍

9. Rental Conditions: If an ADU meets the stipulated requirements laid out by the city, it must be available for rental. This regulation ensures that ADUs actively contribute to alleviating housing shortages.‍

10. Local Jurisdictional Variances: While the above guidelines provide a general framework, it's crucial to note that local jurisdictions might have their unique sets of regulations and requirements. Property owners should consult their respective city or county planning departments to get precise and localized information.

In conclusion, as California grapples with housing challenges, ADUs offer a promising avenue to augment living spaces without the need for expansive new developments. These guidelines, though comprehensive, serve as a starting point, and it's always recommended to liaise with local experts for tailored advice.

State laws (RCW 36.70A.680 and 36.70A.681) mandate that all local governments under the Growth Management Act (GMA), irrespective of size and including both cities and counties within unincorporated urban growth areas, update their regulations to align with specific criteria within six months following their scheduled update. The key directives include:

1. ADUs per Lot: Urban areas within the GMA must allow at least two ADUs on any lot that qualifies by size, in addition to the main residence. These ADUs can be attached, detached, or a mix, and converting structures like garages into ADUs must be permitted.
2. Size Requirements: ADUs cannot be restricted to under 1,000 square feet.
3. Design and Location Standards: Restrictions on setbacks, lot coverage, tree preservation, or entrance placements cannot be stricter than those for the main home.
4. Street Upgrades: ADUs cannot be subjected to demands for street improvements as a permit condition.
5. Owner Occupancy: Requirements for the homeowner to live on-site are prohibited for both the main and accessory units.
6. Condominium Sales: It’s not allowed to block the sale of a condominium developed as an ADU on the basis that it’s an ADU.
7. Design Review: ADUs cannot face stricter aesthetic or design criteria than the primary residence.
8. Parking: Parking requirements are limited, with specific conditions for smaller lots and exemptions for ADUs near major transit hubs.
9. Impact Fees: Charges for ADUs are capped at 50% of those for the main house.
10. Common Interest Communities: New developments with homeowners associations are barred from implementing rules against ADU construction. However, existing regulations can remain.

These regulations aim to encourage the development of ADUs, offering more housing options within urban growth areas.

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Since July 1, 2018, most Oregon cities and counties allow homeowners to build Accessory Dwelling Units (ADUs) on residential properties. However, local rules on ADU size, placement, and design must be followed. Each area has its own rules for:

1. How big the ADU can be;
2. Where it can be located; and
3. If it needs to look like the main house.

Local governments also have different processes for giving permits and may charge fees for building an ADU. These fees, including impact fees or system development charges, can vary a lot. Some places might not charge these fees at all, while others could charge $15,000 or more for each ADU.

In Oregon, the rules for creating Accessory Dwelling Units (ADUs) set standards to boost housing while keeping communities looking good. Understanding Oregon's ADU laws is crucial for compliance and making the most of ADU benefits. Cities must have over 2,500 people, and counties over 15,000, to fall under the ADU mandate. This supports urban housing needs. Urban Growth Boundaries (UGBs) define where ADUs can be built, promoting smart growth and land use without harming Oregon's landscapes.

Oregon's ADU laws aim to increase affordable housing. They require local governments to process ADU applications efficiently, especially in urban areas. State laws stop local rules from demanding owners live in ADUs or provide extra parking, except for vacation rentals. Setback requirements ensure ADUs are well-placed, respecting privacy and the environment. Oregon encourages updating local ADU rules to match state standards, making it easier to build ADUs and help with housing shortages.

Design and siting rules for Oregon ADUs ensure they fit well with urban settings and offer design flexibility. Oregon prefers less restrictive rules for ADUs compared to other buildings, aiming to increase housing options responsibly. The state simplifies ADU regulations, replacing complex zoning laws with clearer, state-wide standards. This helps reduce red tape and encourage ADU construction.

Oregon's approach to ADUs, including size restrictions and utility connection guidelines, is designed to integrate ADUs smoothly into neighborhoods, addressing housing needs. ADUs can't be too large compared to the main house, and shared utility connections are encouraged to keep costs down. This effort shows Oregon's commitment to innovative, affordable housing solutions.

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An ADU, or accessory dwelling unit, is a secondary, independent living space on a standard single-family lot. These units can either be part of the main house, like a basement unit, or stand alone at the back of the property. ADUs are a crucial part of what's known as the “missing middle” housing, bridging the gap between single-family houses and larger multi-unit buildings in urban areas. In Decatur, ADUs are a significant step towards addressing this housing need. They enhance community life and enable more families to afford and upkeep their homes in the city.

Since December 2012, ADUs have been recognized as a viable housing option. They're permissible in various residential zones, including R-85, R-60, R-50, RM-18, RM-22, and RM-43, with each single-family home allowed one ADU. Key guidelines include:

• ADUs can be part of a new or existing main residence, or situated at the back.
• An ADU's size is capped at 800 square feet, not exceeding 40% of the main home's size. If it includes a garage, the combined space can be up to 1,000 square feet.
• ADUs can house a maximum of two bedrooms.
• Homeowners must live in either the primary home or the ADU for at least eight months annually, with a residency affidavit required.
• A detached ADU must be in the backyard and occupy no more than 30% of that space.
• Combined with the main house, the total area shouldn't exceed 40% of the lot.
• The overall coverage of impervious surfaces on the lot is limited to 40%.

ADUs in Decatur represent diversity and affordability in housing, offering a new, neighborhood-scale rental option within the familiar setting of single-family homes.