Legal Non Conforming Short Term Rental List Published for Six Month Review

On February 6, 2024, the Mayor and Commission adopted text amendments that established short-term rentals (STRs) as a land use regulated by Title 9 of the Athens-Clarke County Code of Ordinances.

Short-term rentals are defined as an accommodation for transient guests where, in exchange for compensation of any type or amount, a residential dwelling unit is rented or otherwise provided for lodging for any period of time less than 31 consecutive days. Such accommodations are usually, but not exclusively, advertised through websites such as Airbnb.com, Booking.com, Hometogo.com, and vrbo.com.

The ordinance language regarding short-term rentals includes:

• Definitions for STRs when operating as a home occupation and when operating as a commercial enterprise for the sole and primary use as an STR.
• Identification of the zoning classifications that allow or prohibit STRs.
• The operating requirements for the two types (Home Occupation STR and Commercial STR). A provision that allows for recognition of pre-existing STR uses that can be classified as legal non-conforming and allowed to continue operating as such for prescribed period of time.

With the adoption of the ordinances, property owners or residents who want to either begin the use of their property as a short-term rental or continue to make their property available for short-term rental use are required to demonstrate compliance with the ordinance requirements.

The ordinance defines two primary types of STRs - Home Occupation STRs and Commercial STRs. The primary distinctions between Home Occupation STRs and Commercial STRs involve two criteria. Home Occupation STRs require that the applicant is the owner-occupant of the property or a long-term tenant of the property owner and only allowed one structure on the subject parcel may be permitted for use as an STR. Commercial STRs are not subject to these limitations.

Home Occupation permits for STRs are reviewed and issued by Planning Department staff, while applications for Commercial STRs are reviewed through the construction plans review process in order to coordinate the review and permitting by the appropriate ACCGov departments.

As part of the process of developing the ordinance, the Planning Department developed an initial list of short-term rental properties identified as having operated during the period of September 19, 2022 to September 19, 2023. This Legal Non-Conforming STR List identifies STR properties that do not currently conform to the ordinance compliance requirements but will have a specific time period in which to come into compliance.

This initial Legal Non-Conforming STR List will be posted for a six-month public review beginning on July 1, 2024 through December 31, 2024. Property owners or residents whose properties operated as an STR during the September 19, 2022 to September 19, 2023 period and are not listed can have their properties considered for inclusion on the list. Requirements for documentation are noted below and can be submitted to the ACCGov Planning Department for review and verification through an online form or in person.

Once the six-month public review period has ended and the list is deemed complete by Planning Department staff, the properties included on the final list will be allowed to operate as legal non-conforming STRs for a period of up to 24 months as per the ordinance. STRs that are not included on the list would need to be in compliance with the STR ordinances by the time the list is finalized. Any properties that come into compliance with the ordinances will be removed from the final list.

Applications for inclusion on the Legal Non-Conforming List may be submitted by property owners or long-term residents through December 31, 2024 through an online form at www.accgov.com/str or in person to the Planning Department at 120 W. Dougherty Street, Athens, GA 30605 on regular Monday through Friday workdays between 8:00 AM - 5:00 PM.

Property owners are required to include a notarized affidavit and two of the following forms of supporting documentation: copies of verified STR listing with dates of occupancy indicated; copies of receipts from STR rental payment with dates of occupancy indicated; receipt for payment of Business Occupation Tax Certificate; receipt for payment of hotel/motel excise tax; or evidence of renting for exchange of value at a specified time.

Long-term residents are required to include the same documents as a property owner, as well as a copy of a signed lease agreement and one of the following additional items demonstrating residence at the subject property: vehicle registration; voter registration; or a driver's license (only if submitting documents in-person, not online).

A change in ownership of an STR will result in the loss of legal non-conforming status and require that the STR come into compliance with the STR ordinances. Contact the Planning Department for more information about the process.

Operators of STRs are also required to collect and pay the 7% local hotel motel excise tax and have a business occupation tax certificate from the Finance Department. Payment of this tax may be handled by a third-party lodging facilitator (online lodging platform such as Airbnb or Vrbo) or by the operator if the guest pays the operator directly.

For more information about compliance of short-term rentals and the Legal Non-Conforming STR List, visit www.accgov.com/str or contact the Planning Department at 706-613-3515.

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