16-1.1 Purpose.

A.

The purpose of this article is to establish land use regulations within the scope of the zoning powers of the municipal authority to govern vacation home facilities in the city. The intent of this article is to promote economic development in the vacation rental industry while minimally impacting existing residential uses.

B.

This article is not intended to regulate hotels, motels, inns, or non-vacation type rental arrangements including, but not limited to, boardinghouses, lodging houses, or rooming houses.

16-1.2 Applicability.

A.

It shall be unlawful for any owner of any property within the City of Stone Mountain to rent or operate a vacation home facility contrary to the procedures and regulations established in this article, other provisions of this Code, or any applicable state law.

B.

The restrictions and obligations contained in this article shall apply to vacation home facilities at all times during which the vacation home facility is marketed and used as such.

C.

The allowance of a vacation home facility pursuant to this article shall not prevent enforcement of additional restrictions that may be contained in restrictive covenants or other private contractual agreements or arrangements. The City of Stone Mountain shall not be responsible for enforcement of such covenants, agreements, or arrangements.

D.

A property that has been advertised or listed via the internet or other media sources (e.g. www.vrbo.com,
www.airbnb.com, etc.) for short-term lodging shall be prima facie evidence the property is being used as a short-term lodging.

16-1.3 Definitions.

A.

A lodging room is defined as a room that is used for temporary occupancy for a fee.

B.

An owner is defined as an individual, partner, or officer of a corporation who is an officer registered with the Corporations Division of the Georgia Secretary of State with title to real property.

C.

A vacation home facility is defined as a residential type establishment, with commercial enterprise, offering whole house rental with no more than four lodging rooms for temporary occupancy for a fee and that does not offer food to guests.

D.

A property manager is a person designated by the owner who has access and authority to assume management of the vacation home facility and take remedial measure while the vacation home facility is occupied.

E.

Temporary occupancy is defined as the short-term use of a unit for a limited duration not exceeding 30 consecutive days and intended for transient guests who do not establish permanent residence.

(Ord. No. 2017-07, Pt. I, 8-1-17; Ord. No. 2023-05, § 1(Exh. A), 6-20-23; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

16-2.1 Occupancy restrictions.

A.

A vacation home facility must meet the following occupancy restrictions:

1.

Provide no more than four lodging (guest) rooms with a minimum of 70 square feet per room.

2.

Occupancy of a lodging room shall require at least 40 square feet per individual.

3.

Occupancy by guest(s) shall not exceed 14 consecutive days during any 90-day period.

4.

The owner of a vacation home facility shall live within the corporate boundaries of DeKalb County, Georgia or have a designated property manager, as defined and regulated in this article.

5.

Vacation home facilities shall be available for occupancy on a continuous basis except for repairs, renovations, or the absence of the owner.

6.

Vacation home facilities shall be required to have a smoke alarm in each lodging room (guest room) and a fire extinguisher visible and accessible to guests. The facilities are subject to at least one annual inspection at the time of initial licensing and during renewal of the same.

16-2.2 Parking restrictions.

A.

Except where permitted by law, no parking shall be allowed on the street or in any unpaved portion of the front yard of any lot occupied by a short-term lodging use.

B.

Parking regulations relative to the zoning district in which the vacation home facility is located shall apply.

(Ord. No. 2017-07, Pt. I, 8-1-17; Ord. No. 2024-06, § 1(Exh. A), 9-3-24)

16-3.1 Signage.

A.

No additional signage shall be permitted.

(Ord. No. 2017-07, Pt. I, 8-1-17)

16-4.1 Licenses.

A.

The city shall not issue more than 60 permits annually. Once the city has issued 60 permits, no additional permits shall be issued for that year. Applications to renew will be prioritized over new applications. New applications will be issued in the order in which they were received. All permits shall expire on December 31. Permits shall be effective from January 1 through December 31, unless otherwise revoked. No permit will be automatically renewed.

B.

Vacation home facilities shall be limited to those properties zoned village center mixed-use (VCM) and properties with an approved special use permit from city council.

C.

A vacation home facility shall obtain a home occupational tax certificate from the city and renew on an annual basis.

D.

Fees for lodging in a vacation home facility are subject to local and state taxation ordinances.

E.

The owner of a vacation home facility shall obtain a short-term lodging license from the city and renew on an annual basis. The application shall be furnished on a form specified by the city, accompanied by a non-refundable license fee as established by the official Fee Schedule of the City of Stone Mountain. Such application shall include:

1.

Name, address, phone number, and email address of the property owner(s) of record for which a permit is sought.

2.

The property manager contact form including but not limited to their name, address, phone number, and email address.

3.

A floor plan showing all bedrooms and bathrooms with the approximate square footage of each bedroom.

4.

A site plan of the overall property identifying parking spaces for lodgers.

5.

A short-term lodging property located within a subdivision where a functioning homeowners association exists shall provide a notarized statement from the applicant that short-term lodging is not prohibited under the covenants of the HOA/subdivision.

6.

Proof of homeowners insurance.

7.

Signed acknowledgement that the owner(s) has read all regulations pertaining to the operation of a vacation home facility and their agreement to abide by all applicable regulations.

F.

Active licenses shall not expire, provided that a property owner shall renew the license on an annual basis. If a property owner fails to renew a license, it shall be considered terminated by the licensee.

16-4.2 Property manager required.

A.

A property manager shall be designated for each vacation home facility.

B.

The property manager shall be required to respond to the location of the vacation home facility 24 hours a day, seven days a week, and within one hour after being notified by the city.

C.

An owner of a vacation home facility may designate themselves as the property manager.

16-4.3 Transferability.

A.

Short-term lodging licensure issued under this ordinance shall not be transferred, assigned, or used by any person other than the owner to whom it is issued, or at any location other than for which it is issued.

B.

Short-term lodging licensure terminates upon transfer of the property to another owner.

16-4.4 Enforcement.

A.

Licenses issued under this ordinance may be suspended or revoked for any of the following reasons:

1.

An applicant furnished fraudulent or untruthful information in the application for a license, or omitted information required in the application for a license, or failed to pay all fees, taxes, or other charges imposed under the provisions of the City Code, in which case the city may immediately suspend or revoke the short-term lodging license.

2.

Any short-term lodging for which there are three final determinations of violations of the City Code by a property owner, tenant, guest, host, lessee, or individual otherwise related directly to the property within any rolling 365-day period, shall constitute a violation of the terms of licensure and shall terminate the license. For any license that is terminated due to code violations, a property owner shall be ineligible for a license for a period of three years.

3.

Any licensee having his or her license suspended or revoked under this section may appeal to the city council in accordance with section 2-1.10 Procedures for appeal of administrative decision.

4.

Failure to renew a short-term lodging license or home occupation tax certificate.

B.

Any violations of this Code, including any violation of the noise control ordinance, shall subject the licensed individual to the following progressive actions:

1.

The first violation within any rolling 365 day period shall result in a fine not to exceed $250.00 and a written warning notice of violation.

2.

The second violation within any rolling 365-day period shall result in a fine not to exceed $500.00 and a short-term lodging license suspension for a period of 30 days.

3.

The third violation within any rolling 365-day period shall result in a fine not to exceed $1,000.00 and the revocation of the short-term lodging license and neither the owner nor local contact person shall be eligible to reapply for a license for a period of three years.

C.

Each day the short-term lodging is marketed or rented for overnight accommodation without the necessary short-term lodging license required under this article shall constitute a separate violation.

D.

Failure of the owner or property manager to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term lodging in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this article. It is not intended that an owner or local contact person act as a peace officer or place himself or herself in an at-risk situation.

(Ord. No. 2024-06, § 1(Exh. A), 9-3-24)