If you listened in to Coffee, Country & Great Conversation – Brent and Brandi in the Morning on Georgia 101.7 WJTH Friday morning, then you heard Brent Jones and Gordon Gazette’s Brandi O. debunking some rumors going around, due to some erroneous reporting from other “news agencies,” about a bill at the State Legislature this session concerning Tiny Homes (HB Bill 1166) with the headline “Tiny Homes Legalized Across Georgia – Calhoun & Gordon Co. Brace for Impact.”
The problem is, that’s false information at this time, or as so many like to say….FAKE NEWS…because the bill hasn’t made its way through all channels yet.
House Bill 1166 was introduced this session, with the goal to increase affordable housing by allowing homeowners to build accessory dwelling units (ADUs) of 400 square feet or less without local zoning approval.
That bill passed through the State House recently and crossed over to the State Senate on March 6th. It now sits in the State Senate to be discussed, debated and most likely, ‘tweaked’. Until the bill passes the State Senate, is sent to the Governor’s desk, then signed by the Governor, the Tiny Homes bill has not become a law in Georgia. The process has a way to go before being complete.
Here is what House Bill 1166, IF APPROVED AS IT IS RIGHT NOW, will do: If you own a home that is homesteaded, it will allow you to add an accessory dwelling unit (an additional ‘residence’) up to 400 square feet in size, bypassing local zoning laws. Think of a detached in-law suite or detached apartment for your adult child that is actually built on your property…that is what House Bill 1166 would allow. You might have read or understood from the very confusing “story” that was published that this bill will automatically allow tiny home developments, such as the one proposed in Calhoun that has been in litigation for several years. That is false information: House Bill 1166 is not a green light for tiny home developments, subdivisions or communities and it is not a green light for developers to build tiny home clusters.
In this bill, there are three non-negotiable restrictions as it was approved in the State House and as it’s being debated in the State Senate:
1. It’s a one-and-done that allows for only one secondary unit per homesteaded property; you cannot build a fleet of tiny homes in your backyard if this passes. The bill includes measures to prevent institutional investors from exploiting the rules.
2. This is for homeowners only, it only applies to homesteaded properties. If you do not live in the main house on the property as your primary residence, you cannot add the tiny home. This is designed to keep corporate landlords from turning already established neighborhoods into high density rental hubs.
3. The rule of 400: To qualify for this zoning shortcut IF THE BILL PASSES, the building must be 400 square feet or smaller and it cannot be a tiny home on wheels. And don’t think this bypasses your local building inspector; even if the bill is passed, the City or County may still enforce state minimum building codes, septic, flood, and, in some cases, historic district regulations. So, if the home you live in is on a property that can’t handle the extra plumbing, for example, the project is not going to move forward.
Here is where the bill is: House Bill 1166 has officially moved to the Senate after passing the House (111-50); it’s currently sitting in the State Senate. We expect discussion and debate next week as the Senate tries to strike a balance between affordable housing and Home Rule, which is the ability of cities and counties to set their own zoning and govern their own affairs.
The Gordon Gazette and Georgia 101.7 WJTH will be following this bill. There is no guarantee with this bill; it has passed the House but it has not passed the Senate at this time.