Single Family ADU Permitting/ Zoning

[Larry Sloan]

Hello BP Community,

I am a soon to be Atlanta Investor, with my first investment property under contract (side by side- with an unfinished basement), and it appears that I've run into a bit of a snag.

If there is anyone familiar with ADU permitting and requirements that can provide some insight would be much appreciated? It appears that the city recognizes this property as a single family, even though it was listed and there are tax records indicating that it is a duplex. The property has also been operating/ occupied as a duplex, and I am in the process of collecting documentation to apply for non conforming zoning.

• Would it be possible to convert the unfinished basement into a new adu, while converting one of the two upstairs existing units into a junior ADU or semi attached?

My main concern is not being able to receive the property permits to complete the basement renovations.

• If this property has been illegally renovated, what would be my options moving forward, in order to avoid the repercussions of this negligence after purchasing the property? 

My goal is to convert the unfinished basement into a fully functioning ADU. I have talked to someone in the permitting office who explained that I could convert it into an additional unit as long as there was no stove. I am reaching out to see if there may be alternative options.

[Rick Baggenstoss]

Hi Larry - I love this type of investment ... single family price but income like a triplex. 

First, to get the duplex operating legally.  Confirm with City Zoning, they agree it's a duplex -  two meters operating nearly continuously in the last year.   You may have to get proof it was working from Georgia Power, if it's not already known. 

Atlanta doesn't allow permitted basement ADUs today.  They were once and they've tried recently, but it's not permittable today.  You should understand what makes it a "dwelling unit" is an independently operating kitchen, specifically a stove.   Legally, you can build out the basement with a bedroom, bathroom, living room, kitchen sink, kitchen counters, microwave, and kitchen cabinets -- just no stove.  Don't even have a plug for a stove and don't label the room "kitchen".   It's a "wet bar". 

This type of area is legally called a 'guest suite' vs. ADU.

Good luck to you!  I'm sure it will do great once you get it running.

Rick