Smyrna city officials are seeking comments on a proposed short-term rental ordinance for which Community Development staff are recommending approval.
City officials have received “numerous calls and complaints regarding the operation of short-term rentals in residential neighborhoods in the city,” according to the city’s Facebook page at facebook.com/CityOfSmyrnaGA.
“Complaints centered on house parties, on-street parking, trash and general property maintenance issues surrounding the operation of short-term rental units,” the city statement added.
There are about 225 to 300 short-term rental units in operation in the city at any given time that do not exceed 30 consecutive days, according to Community Development Director Russell Martin and Planner II Joey Staubes in a Sept. 8 memo to City Administrator Joe Bennett.
Mayor Derek Norton established the Committee on Short-Term Rentals in the spring to study and address issues related to the impacts of short-term rental units on surrounding residential neighborhoods and the city.
Since then, the committee has met three times to discuss short-term rentals and develop a proposed ordinance to address issues and concerns.
Ward 1 Councilman Glenn Pickens is the chair of the city’s Short-Term Rentals Committee, with Councilmen Tim Gould and Lewis Wheaton also on the committee.
Pickens may be reached at 678-631-5306 or gpickens@SmyrnaGa.gov.
Ordinance: bit.ly/3kefSPh
Survey: bit.ly/3BRuTws
Here is an overview of the proposed ordinance from Martin and Staubes:
Where are short-term rental units allowed? In every residential zoning district, including the Mixed Use and Central Business District zoning districts.
What is required for operation? The property owner must obtain a short-term rental license and an occupational tax certificate to operate a short-term rental unit. Licenses and occupational tax certificates may be renewed on a yearly basis.
What are the application requirements? The applicant will have to designate a short-term rental agent and provide proof of ownership, the owner’s sworn compliance affidavit, liability coverage, notification to adjoining property owners and homeowners association (HOA - if applicable).
Who is the short-term rental agent? The agent can be the property owner or a person designated by the property owner, who is 21 years old or older, to handle all issues with the rental unit and be the main point of contact with the city.
Are there limitations on short-term rentals? Numerous limitations include:
- Occupancy – Units are limited to two people per room plus three additional people.
- Parking – Vehicles must be parked on the property on hard surfaces but not in the right-of-way.
- Days of Use – Short-term rental units within a single-family zoning district shall be limited to 180 days of rental per calendar year.
- Single-Family Zoning – Properties with a single-family zoning designation shall be limited to one short-term rental license per property.
- Long-term Rentals – Single-family zoned properties with an active long-term lease shall not be issued a short-term rental license.
- Accessory Buildings – Accessory buildings on properties with a single-family zoning classification may be used only for short-term rentals if the subject property is
owner occupied.
What are the enforcement and penalties for violating the ordinance? Suspension or revocation of the license and penalties to the owner. If the property receives three convictions of code violations within a 24-month period, the short-term rental license must be revoked for a 12-month period.
What are the requirements for taxation? Short-term rental unit owners are subject to all applicable state and city taxes, including but not limited to all excise taxes, taxes on rooms, lodgings and accommodations and hotel/motel tax requirements and are liable for payment as established by state law and the city code. The city may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.
