Smyrna approves crackdown on Airbnb, other short-term rentals
May 17—The Smyrna City Council unanimously approved new regulations on Airbnbs and other short-term rentals this week.
The ordinance includes occupancy limits and parking rules, mandates that operators obtain business licenses and, in some cases, will limit the number of days out of a year a property can be rented.
No residents spoke during a Monday public hearing on the matter.
Smyrna Community Development Director Rusty Martin said the ordinance is meant to address resident complaints about the rentals, including house parties, illegal parking, trash and other property maintenance issues.
"I think one of my takeaways, or one of my goals, was to try to help protect single-family neighborhoods," Councilman Tim Gould said ahead of the vote "... Folks buy in those neighborhoods and don't expect to live next to a business, right, so this helps provide a level of security and comfort for a lot of those residences."
While short-term rentals are not banned from any residential zoning category, there are special restrictions for those located within single-family zoning areas:
— Each property is limited to one short-term rental unit;
— Properties with active long-term leases cannot also have a short-term rental component;
— Accessory buildings (such as a detached garage apartment) can only be used for short-term rentals if the property is owner-occupied;
— Short-term rentals will be limited to 180 days of renting per year, unless the residence is owner-occupied. (Stays of more than 30 days will not count against the 180-day cap.)
To prove a residence is owner-occupied, operators must submit a copy of their homestead exemption, or a sworn affidavit with other supporting documentation that proves residency.
All short-term rental operators will now be required to:
— Obtain a business license;
— Obtain a special, short-term rental license;
— Notify adjoining property owners and homeowners association, if applicable;
— Have a designated agent ready to respond to issues or complaints.
— Short-term rental occupancy will be limited to two people per bedroom, plus three additional people. Parking must be provided on hard surfaces, on the property.
Rentals are considered short-term if they provide lodging for 30 days or less.
Penalties for violation include revocation of the short-term rental license, if convicted in city court.
Statewide trend
As vacation rental websites such as Airbnb and VRBO have grown in popularity, the state of Georgia has imposed few regulations on the industry, resulting in a patchwork system of municipalities creating their own ordinances.
Smyrna looked at eight other Georgia municipalities when crafting its ordinance: Sandy Springs, Brookhaven, Hall County, South Fulton, Macon, Savannah, Columbus and Atlanta.
Smyrna Mayor Derek Norton last spring created a committee to draft the ordinance, which included council members Glenn Pickens, Lewis Wheaton and Gould.
There are an estimated 250-300 short-term rentals in Smyrna, Martin said, depending on the time of year. Of those units, about 60% are single-family homes and 40% are multifamily units.
The vast majority — about 78% — are entire homes, while 22% are partial rentals, such as a single room or basement, per Martin. Median rental rates in the city are $123 per night.
The city previously had no regulations over short-term rentals, though code enforcement could enforce existing rules on nuisances.
"One of the things that we illustrate, I guess, throughout a lot of the discussion is some of the negative aspects of what can happen," Wheaton said. "That certainly doesn't mean that all short-term rental homes are like that. So, it's not to defame, but there's a need to kind of control things.
Cobb County earlier this year considered new regulations for short-term rentals under its jurisdiction, but postponed action to further refine the proposal. The county conducts code amendments on an annual basis in February, rather than regularly tweaking codes.
Marietta's City Council has also kicked the tires on regulating short-term rentals, but tabled the issue in January and has not taken it up since.
