Athens Reporter

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 accommodations 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 a prescribed period.

With the adoption of the ordinances, property owners or residents who want to either begin using 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 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 review and permitting by appropriate ACCGov departments.

As part of developing the ordinance, the Planning Department created an initial list of short-term rental properties identified as having operated during September 19, 2022 to September 19, 2023. This Legal Non-Conforming STR List identifies properties that do not currently conform to 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 six-month public review from July 1, 2024 through December 31, 2024. Property owners or residents whose properties operated as an STR during this period but are not listed can have their properties considered for inclusion on this list by submitting documentation noted below to ACCGov Planning Department online or in person.

Once this six-month public review ends and Planning Department staff deem it complete, properties included on this final list will be allowed to operate as legal non-conforming STRs up to 24 months per ordinance stipulations. Properties not included must comply with ordinances once finalized; compliant properties will be removed from this final list.

Applications may be submitted by property owners or long-term residents through December 31, 2024 via an online form at www.accgov.com/str or in person at Planning Department offices at 120 W. Dougherty Street between Monday-Friday workdays from 8:00 AM -5:00 PM.

Required documents include notarized affidavits plus two forms from verified listing dates; receipts showing payment with occupancy dates; Business Occupation Tax Certificate payments; hotel/motel excise tax receipts; evidence indicating value exchange at specified times. Long-term residents must additionally submit signed lease agreements plus vehicle registration; voter registration; driver’s license if submitting in-person documents only.

A change in ownership results in loss of legal non-conforming status requiring compliance with new ordinances immediately thereafter.Contact Planning Department directly about procedural details needed further information necessary along operators collect pay local hotel-motel excise taxes business occupation tax certificate finance department third-party facilitators lodging platforms direct operator payments collected guest operations timely manner more specific visit www.accgov.com/str contact planning department phone number available assistance

For more information about compliance regarding short term rentals Legal Non Conforming LIST visit official website department numbers further clarifications required procedures details guidance involved accurate processing submission ensuring adherence relevant guidelines policies necessary timely reviews appropriate governance