Cobb proposes ordinance allowing accessory dwelling units

A series of proposed code amendments to be heard by the Cobb Board of Commissioners in November includes a measure that would permit small homes to be built in residential backyards.Cobb proposes ordinance allowing accessory dwelling units

What are called “accessory dwelling units,” or ADUs, would be allowed in most residential zoning categories. They could be as large as 850 square feet and house up to three unrelated adults and up to six children, as well as maximum parking for five cars in a driveway or garage and another vehicle off-street.

Unlike “tiny houses,” which are mobile, the ADUs under the proposed Cobb ordinance would be required to be permanently structured and hooked up to utilities serving the primary home.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental.

Only a few counties in Georgia allow ADUs, which have been touted as a way to address housing affordability issues.

Cobb’s average home sales price surpassed $500,000 for the first time in 2024.

Developers also promote ADUs as a way for homeowners to earn rental income (example recently in the city of Atlanta) or to provide housing for a family member, such as a senior, and for college students.

The proposed ADU code amendment (you can read it here) will first be heard by the Cobb Planning Commission on Nov. 5, followed by public hearings to be held by Cobb commissioners on Nov. 12 and Nov. 21.

The county distributed the proposed code amendments (summarized here, with links) but hasn’t publicized the upcoming hearings nor has it explained explained why the ordinance is being subject to revisions now.

Typically Cobb updates its ordinance twice a year, in January and September, but that pattern hasn’t happened recently.

East Cobb News has left a message with the county seeking comment and further information, and has contacted District 3 commissioner JoAnn Birrell as well.

Richard Grome, president of the East Cobb Civic Association, said his group is analyzing all the proposed code amendments, but “we are not at a point in our analysis, at this time, to make a definitive announcement or take a position on any of” them.

Cobb’s current ordinance permits no more than two unrelated adults living together, and one vehicle for every 390 square feet of living space.

There aren’t provisions for allowing ADUs, but the proposed code amendment stipulates the following:

a. ADU shall not exceed 50% of the gross square footage of the primary single-family dwelling unit or 850 square feet.

b. ADU shall be no more than one-story in height, not to exceed the height of the primary single-family dwelling unit.

c. A minimum of one off-street parking spot shall be provided for the ADU.

d. ADU shall be connected to the utilities meters of the primary structure.

e. ADU shall be located only in the rear yard, and shall adhere to the side and rear yard setback of the primary structure.

f. Maximum impervious surface coverage for the lot shall not exceed the zoning district limitation.

g. ADU must adhere to all other standards for accessory structures in the zoning district.

h. There shall be no more than one ADU per single-family lot.

i. ADU shall not be utilized as a short-term rental property.

j. The owner(s) of the property shall reside in either the primary single family-dwelling unit or the ADU.

k. Property owner(s) shall sign an affidavit stating that the ADU is not in conflict with any applicable covenants, conditions, deed restrictions, or bylaws.

ADUs have been mentioned as part of a Cobb Unified Development Code that was first proposed in 2021 but has been put on hold.

There were public meetings last December, and tentative plans for more feedback and adoption in 2024, but nothing further has been issued since an outside consultant released this code assessment in November 2023.

It didn’t specifically mention adding ADUs to the code, but it does call for reviewing and updating accessory uses and structures.

“The list of accessory uses will include some of the current accessory uses, with definitions and standards as appropriate. It will also include additional accessory uses or structures that may be appropriate, such as automated teller machines,” wrote the consultant, Clarion Associates LLC, a nationwide land-use and planning firm.

County officials said the UDC was a long overdue measure to streamline development standards and zoning categories.

But some Cobb residents declared the UDC to be a “war on the suburbs” that would increase density in traditional single-family neighborhoods.

County officials have contended that in response that “what you see in your neighborhood is going to pretty much be the same.”

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