Short-Term Vacation Rental Update
In August and September 2017, City Council approved revisions to the zoning code and ordinance pertaining to short-term vacation rentals (STVR). A summary of these changes are listed below.
- Zoning Ordinance for STVR Use (as approved by City Council on 9/28/2017)
- Short Term Vacation Rental Ordinance (as approved by City Council on 8/3/2017 and 9/28/2017)
As of September 29, 2017, a 20% per-ward cap is applicable to:
- Non-owner occupied parcels in the Historic District located in the Conservation and Residential zoning districts. Owner-occupied properties are exempt from the per-ward cap.
- Non-owner occupied parcels in the Victorian District located in the 1-R, 2-R and 3-R zoning districts. Owner-occupied properties are exempt from the per-ward cap.
Owner-occupied property refers to real property which contains one or more dwelling unit(s) where the principal dwelling unit must be occupied by the property owner and constitute his/her primary and usual place of residence. The dwelling units must share the Property Identification Number assigned by the Chatham County Board of Assessors.
A ward map is available here.
All parcels including non-owner occupied and owner occupied parcels with STVR certificates and applications filed before September 28, 2017 have been counted when determining the per-ward cap.
At this time, the following wards have met the 20% per-ward cap in the Historic District:
- Anson Ward
- Bartow Ward
- Berrien Ward
- Brown Ward
- Calhoun Ward
- Charlton Ward
- Chatham Ward
- Crawford Ward
- Forsyth Ward
- Percival Ward
- Gaston Ward
- Green Ward
- Jackson Ward
- Pulaski Ward
- Stephens Ward
- Trustees Garden Ward
- Warren Ward
- Washington Ward
- Wesley Ward
Additionally, in the Victorian District the following wards have met the 20% per-ward cap:
- Cumming Ward
- Cuthbert Ward
- Elliot Ward
- Lloyd Ward
- Reppard Ward
STVR Certificate Transfers and Grandfathering
Per Sec. 8-10012 of City Code, STVR certificates remain non-transferable.
Renewals of pre-existing STVR certificates issued before September 28, 2017 will not be denied on the grounds that issuance of a certificate will exceed the per-ward maximum cap limitation. When a transfer of property title occurs for a parcel with a Pre-Existing STVR certificate, a new application from the transferee/grantee will not be denied on the grounds that the issuance of a certificate will exceed the pre-ward maximum cap limitation if the transferee/grantee applies for a new STVR within six months from the date of title transfer.
All non-renewal STVR certificate applications submitted after September 28, 2017 will be subject to the per-ward cap.
Waiting List for Capped Wards
Any property owner wishing to apply for a non-owner occupied STVR certificate in the wards that have reached the 20% cap should submit the STVR Waiting List Form. The City will contact the wait list applicant when an opening in the ward occurs. The waiting list is maintained on a first-come, first serve basis.
Reduction in Occupancy
The number of adults staying in a short-term vacation rental has been reduced. Occupants shall not exceed four (4) adults for dwelling units with no more than two bedrooms. For dwelling units with three or more bedrooms, the number shall not exceed two (2) adults per bedroom. Please note, bedrooms are subject to verification of building code compliance by the Zoning Administrator.
No changes have been made to the owner-occupancy requirement for the TN-2 District. More flexibility has been given to property owners allowing them to use any dwelling unit on their property as their primary residence. Only one dwelling unit is permitted as an STVR.
Change of Rental Agent
In the event the short-term vacation rental agent changes, it is the property owners responsibility to notify the City within five business days.
Exemplar Rental Agreement
The City requires an exemplar rental agreement which is a document outlining the standards an occupant must adhere to when staying at the STVR. As part of the application, a copy of the agreement must be provided. This agreement must now be posted in the STVR property. A sample agreement is available here.
Occupant Acknowledges Parking And Occupancy Requirements
The occupant(s)’ must acknowledge the maximum occupancy of the short-term vacation rental and, if available, the location of on-site parking.
Proof of Insurance
Proof of insurance is required and must indicate the premise is used as a short-term vacation rental for all new and renewing applications.
Short-term Vacation Rental Advertising
The property owner is responsible for publishing their short-term vacation rental certificate number and exemplar rental agreement in every print, digital, or internet advertisement and any property listing where the property is advertised.
Any new short-term vacation rental applicant must notify all of-record real property owners adjacent to the property prior to the issuance of an initial short-term vacation rental certificate. Proof of notification must be provided to the City. Information provided to adjacent property owners include:
- Street address of the proposed short-term vacation rental;
- Location of any on-site parking for short-term vacation rental occupants;
- Maximum occupancy requirements;
- Copy of the short-term vacation exemplar rental agreement;
- Name of property owner; and
- Name of rental agent company and contact information.
For condominiums, as defined by the Georgia Condominium Act, O.C.G.A. §§ 44-3-70, et seq., the property owner must provide a copy of the adopted condominium declaration either explicitly permitting leasing of the dwelling unit(s) for less than 30 days or adopted condominium declaration which contains no prohibition on short-term vacation rentals or the leasing of dwelling units for less than 30 days.