Introduction
Landlords in Marietta, Georgia must navigate specific zoning laws and regulations when converting their properties into accessory dwelling units (ADUs) or duplexes. This guide provides a comprehensive overview of the legal requirements, lease clauses, and compliance checklist to help landlords ensure their properties are in full compliance with local zoning laws.
Permitting, Zoning, or Statutory Basis
ADU Conversion Requirements
In Marietta, Georgia, converting a residential property into an accessory dwelling unit (ADU) requires adherence to specific zoning laws. According to the Marietta City Code, an ADU must meet certain requirements, including:
- Zoning District: The property must be located in a residential zoning district (e.g., R1, R2).
- Size: The ADU must not exceed 80% of the total floor area of the main dwelling unit.
- Height: The ADU must not exceed 10 feet in height.
- Parking: Each ADU must have at least one off-street parking space.
To convert a property into an ADU, landlords must obtain the necessary permits from the Marietta City Planning Commission. The application process typically involves submitting a complete set of plans, specifications, and fees.
Duplex Conversion Requirements
Converting a property into a duplex requires obtaining permits from the Marietta City Planning Commission. The application process is similar to that for ADU conversions, but with additional requirements specific to duplexes. These may include:
- Zoning District: The property must be located in a residential zoning district (e.g., R1, R2).
- Size: The total floor area of the duplex must not exceed 160% of the total floor area of the main dwelling unit.
- Height: The duplex must not exceed 10 feet in height.
- Parking: Each unit in the duplex must have at least one off-street parking space.
Off-Street Parking Requirements
Off-street parking is a critical requirement for both ADU and duplex conversions in Marietta. Landlords must ensure that their properties comply with the following parking requirements:
- Minimum Parking: Each ADU or unit in a duplex must have at least one off-street parking space.
- Parking Location: Parking spaces must be located on the property and accessible to residents.
- Driveway Width: Driveways must be at least 12 feet wide.
Lease Clauses, Notice Periods, and Timing Requirements
Lease Clauses for ADUs and Duplexes
When leasing an ADU or duplex, landlords must include specific clauses in their lease agreements to ensure compliance with zoning laws. These may include:
- Zoning Compliance: The lease must state that the property is being used in compliance with local zoning laws.
- Permit Requirements: The lease must require tenants to obtain any necessary permits for modifications or additions to the property.
- Parking Compliance: The lease must ensure that tenants are aware of and comply with off-street parking requirements.
Notice Periods for Compliance
Landlords must provide tenants with adequate notice periods to address any zoning-related issues. For example, if a tenant violates off-street parking requirements, the landlord must provide written notice and allow a reasonable period for compliance before taking further action.
Timing Requirements for Compliance
Landlords must adhere to specific timing requirements when addressing zoning-related issues. For example, if a tenant fails to comply with off-street parking requirements within the notice period, the landlord may need to seek legal action or impose penalties.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with zoning laws and avoid legal issues, landlords must maintain thorough records of their property’s conversion process. This may include:
- Permit Applications: Landlords must keep copies of all permit applications and approval letters.
- Lease Agreements: Landlords must maintain copies of all lease agreements, including any amendments or modifications related to zoning compliance.
- Parking Records: Landlords must maintain records of off-street parking spaces, including their locations and usage.
By following these guidelines and maintaining thorough records, landlords can ensure that their properties are in full compliance with zoning laws and avoid legal issues.
Conclusion
Landlords in Marietta, Georgia must adhere to specific zoning laws when converting their properties into ADUs or duplexes. By following the guidelines provided in this guide, landlords can ensure that their properties are in full compliance with local zoning laws and avoid legal issues.