The purpose of this article is to: establish regulations for the use of property, including residential and business structures or any part thereof, for short term vacation rentals ("STVR") in the Town of Tallulah Falls (the "town"); minimize any negative, secondary effects on surrounding properties; promote harmony and protect the integrity of land uses and existing zoning classifications; ensure proper precautions are in place for the health and safety of those occupying properties on a short-term vacation rental basis; provide for the enforcement and redress of violations; and, facilitate the collection and payment of room taxes as authorized by town ordinance and state law.

(Ord. of 7-23-2020)

1.

The town has the authority to promulgate rules, regulations, and ordinances applicable to activities and uses of properties within its jurisdiction.

2.

The town further finds that, pursuant to its aforementioned authority, it has previously regulated the use of properties for what is now known in common parlance as short term vacation rentals (STVRs) by prohibiting this use in zoning districts other than the Business District and Highway Business District.

3.

The town further finds that the advent of Internet-based websites, such as Air BnB or VRBO, has proliferated the popularity of what is now commonly known as STVRs around the region, state, and world.

4.

The town further finds that it is necessary to adopt additional rules and regulations applicable to the use of property for STVRs by this article for the purpose of protecting the health, safety, morals, and general welfare of its residents, property owners, guests, and visitors.

5.

the town further finds that it is in the best interest of the public that this article be adopted after giving due consideration to the associated implications involved therewith.

(Ord. of 7-23-2020)

As used herein, the phrase short term vacation rental ("STVR") shall mean and apply to the leasing of any property or structures located thereon, whether used in whole or in part, for a period of 30 days or less for residential purposes. It includes, without limitation, any apartment, condominium, room, house, tourist home, tourist cabin, lodginghouse, roominghouse, dormitory, lodge, inn, or similar lodging accommodation known by another name of any kind whatsoever containing guest rooms that are occupied, intended or designed for occupancy by paying guests on a short-term basis for residential purposes, whether rent is paid in money, goods, labor, or otherwise.

(Ord. of 7-23-2020)

STVRs shall be prohibited on all property located within the town's corporate limits, unless otherwise specifically permitted by the town's zoning classifications applicable to any such property. As of the date this article is adopted, STVRs are a permitted use only in the Business District and Highway Business District zoning classifications.

(Ord. of 7-23-2020)

1.

It shall be unlawful for any person or entity to advertise, offer, operate, or use property located within the town's corporate limits for STVR without first obtaining a valid certificate of authority to collect the room tax provided for in chapter 18, article IV, sections 18-83 through 18-93, of the Code of the Town of Tallulah Falls, Georgia.

2.

Persons or entities that already have a valid certificate of authority to collect the room tax provided for in chapter 18, article IV, sections 18-83 through 18-93, of the Code of the Town of Tallulah Falls, Georgia, as of the date this article is adopted shall not be required to re-apply for a certificate of authority; however, such persons or entities must nevertheless comply with any and all other requirements of this article. To the extent that any person or entity already has a valid certificate of authority, but does not presently satisfy the remaining requirements contained in this article, such person or entity shall come into compliance with the remainder of the requirements contained in this article within 30 days of the adoption hereof.

3.

To the extent that a person or entity maintains a separate location or office within the town's corporate limits from which such location or office that person or entity is engaged in managing, maintaining, or operating other properties for use as STVRs, that person or entity may be required to apply for and receive a business and occupation license as provided for in chapter 18, article II, sections 18-21 through 18-56, of the Code of the Town of Tallulah Falls, Georgia separate and apart from any requirement to receive a certificate of authority for the use of any property for an STVR.

(Ord. of 7-23-2020)

1.

Certificates of authority for advertising, offering, operating, or using property for STVRs shall comply with the provisions of chapter 18, article IV, sections 18-83 through 18-93, of the Code of the Town of Tallulah Falls, Georgia and those regulations set forth in this article.

2.

In addition to obtaining a certificate of authority as set forth hereinabove, all persons or entities intending to advertise, offer, operate, or use any property for STVRs within the town's corporate limits must comply with the regulations set forth herein:

a.

The person or entity shall acknowledge that he, she, or it will keep the total number of guests allowed on any particular property so used as an STVR to that number which can safely stay on the property or premises located thereon;

b.

The person or entity shall acknowledge that he, she, or it is subject to the International Fire Code, Rules and Regulations for the State Minimum Fire Safety Standards, and chapter 14, article III, sections 14-46 through 14-56 of the Code of the Town of Tallulah Falls, Georgia;

c.

The person or entity shall provide at their own expense a certification under oath by a qualified third-party inspector attesting that he or she has inspected the property that will be so used and did not find any visible or apparent violations of the technical codes provided for in chapter 8, section 8-1 of the Code of the Town of Tallulah Falls, Georgia, which pose a material risk to human health or safety;

d.

The person or entity shall certify under oath that there are no deed restrictions and/or covenants applicable to a property so used that prohibit the use of that property for STVR;

e.

The person or entity shall certify under oath that the owner has and will maintain continuously commercial or specific STVR insurance on the property and provide the town with a copy of the declarations page for such policy;

f.

The person or entity shall further certify under oath that there are no unpaid financial obligations to the town;

g.

The person or entity shall provide to the town clerk the name, address, telephone number, and e-mail for a local contact person or responsible individual of at least 18 years of age or older who is located within 25 miles of the town's corporate limits and is available 24 hours a day to respond within two hours regarding any complaint about the property or guest behavior;

h.

The person or entity shall notify the town clerk within 72 hours of any changes to the information required by subparagraph (g) immediately above;

i.

The person or entity shall notify the town clerk within seven days when there is a change in property ownership or management of the property used for STVR;

3.

No certificate(s) of authority shall be transferred, assigned, or used by any person or entity other than the person or entity to which it was issued, or for any location other than the one for which it was issued.

(Ord. of 7-23-2020)

1.

This section applies to all properties used for STVRs in the corporate limits of the town and is in addition to any and all public or private covenants, ordinances, rules and regulations, or policies to which the property is subject, including but not limited to, any restrictive covenants, homeowner association covenants, subdivision rules, state or federal laws and regulations, or local ordinances.

a.

Parking. Vehicles, trailers, and watercraft shall not be parked on the right-of-way so as to hinder access to such rights-of-way and shall not be parked along any roadway which could cause safety issues, hinder access to such roadways or be in violation of any laws, regulations, or ordinances;

b.

Solid waste/trash. Trash and refuse shall not be left or stored in such a way that would cause safety or sanitary issues or violate any local, state or federal laws;

c.

Certificate of authority displayed. The required certificate of authority shall be prominently displayed at the property;

d.

Occupancy. The number of overnight guests shall not exceed the occupancy allowed under the most current version of International Fire Code, Rules and Regulations for the State Minimum Fire Safety Standards, and chapter 14, article III, sections 14-46 through 14-56 of the Code of the Town of Tallulah Falls, Georgia;

e.

Alarms and egress. Each bedroom/sleeping quarters shall have a working smoke alarm and an emergency escape or exit complying with the requirements of the most current version in effect of the International Fire Code, Rules and Regulations for the State Minimum Fire Safety Standards, and chapter 14, article III, sections 14-46 through 14-56 of the Code of the Town of Tallulah Falls, Georgia, as applicable;

f.

Animals. Pets may run at large within the curtilage of the STVR property but are required to be on leash otherwise.

2.

Guidelines related to how guests must comply with the foregoing and other applicable requirements, rules, and regulations, including property specific instructions for how to comply therewith, must be made available to each guest by the owner or operator of any property used for STVRs. For purposes of this paragraph, an information sheet posted in a conspicuous place on the property shall be sufficient.

(Ord. of 7-23-2020)

Violations of this article shall be deemed an offense pursuant to chapter 24 of the Code of the Town of Tallulah Falls, Georgia. Penalties may include a citation for ordinance violation and revocation or suspension of a certificate of authority. Citations for ordinance violations hereunder shall be referred to the Tallulah Falls Municipal Court or other court of competent jurisdiction for prosecution. Violators may be subject to civil and criminal penalties upon conviction as provided for herein and up to the maximum punishment for ordinance violations as set forth in article IV, section 4.13 of the Town of Tallulah Falls Charter regarding the jurisdiction and powers of the Tallulah Falls Municipal Court. The town council, however, shall remain the exclusive authority over matters involving the suspension or revocation of a certificate of authority.

(Ord. of 7-23-2020)

1.

The enforcement protocol set forth herein shall be a guide regarding the intended process to address violations of this article. Nothing contained herein, however, shall be construed to limit or restrict valid governmental functions the town or its agents may deem necessary or appropriate under the circumstances in light of unforeseeable situations that may arise in the future.

2.

Prior to the issuance of any citations for ordinance violations, the town shall provide a written notice of any complaints received by the town or its agents regarding a specific property used for STVR to the local contact person, owner, or both. Such written notice may be made electronically, such as by e-mail to the address on file with the town that is required to be submitted upon application for a certificate of authority. The local contact person or owner is required to visit the STVR location within a reasonable time after receiving such written notice, the reasonableness of the time in which the local contact person or owner is required to visit the STVR location to be dependent on the circumstances surrounding the nature of the complaint. The local contact person or owner shall thereafter ensure that compliance is obtained within a reasonable time under the circumstances depending on the nature of the complaint and/or violation. When a written notice of a complaint is given, verbal notifications regarding the complaint may also be made where feasible to facilitate acknowledgement of delivery for the written notice of complaint. In the event of an emergency requiring more immediate action in the discretion of the town or its agents, however, a notice of complaint may be made orally, followed up by a written notice of complaint documenting the details concerning the oral notification and the nature of the emergency situation in addition to the other information normally required for initial written notices of complaint. Such written notifications issued following an emergency circumstance shall relate back to the date and time the oral notification was made as though the written notification had been provided at that time for purposes of determining the reasonableness in which corrective action as set forth herein is taken.

3.

Each person or entity owning property that is used for STVR is allowed one written notice of complaint per calendar year. Upon the town receiving a second complaint or more regarding the same property used for STVR, then an investigation by the town or its agent shall commence to determine whether a citation for ordinance violation shall issue.

4.

The zoning administrator or designee may also conduct inspections from time to time to ensure compliance with this article upon reasonable notice to the property owner or local contact person.

5.

The zoning administrator or designee may also conduct investigations whenever there is a reason to believe that the owner or local contact person has failed or refused to comply with the provisions of this article. The investigation may include an inspection of the property and premises, review of response and incident report(s), online searches, interview(s), or receipt of documentation from affected community members or guests to include photographs, video(s), and sound recording(s), all of which may constitute evidence of a violation of this article, other provisions of the Code of the Town of Tallulah Falls, Georgia, or state law. Should the investigation support a finding that a violation has occurred, the zoning administrator or designee shall provide the owner, local contact person, or both, a written notice of violation or issue a citation of ordinance violation as may be appropriate.

6.

Nothing contained herein shall be construed to require the provision of a written notice of complaint as a prerequisite to, or in-lieu of, direct and immediate action by the town or its agents, such as the Tallulah Falls police, fire, or public works professionals when appropriate under the circumstances. For example, the commission of a crime or violation of an ordinance by a guest on property used for STVR shall remain within the province of the appropriate law enforcement agency. Similarly, the appropriate fire and rescue agency or public works agency, as applicable, may take such action as they may deem necessary or appropriate under the circumstances without first giving notice and opportunity to correct the situation by the owner or local contact person.

(Ord. of 7-23-2020)

1.

For the reasons set forth herein, a certificate of authority for an STVR issued by the town may be suspended until notice and an opportunity for a hearing upon the occurrence of the following:

a.

A certificate of authority shall be immediately suspended when a citation for ordinance violation has been issued and is pending in the Tallulah Falls Municipal Court;

b.

A certificate of authority shall be immediately suspended upon the mayor or town clerk learning that an applicant furnished fraudulent or untruthful information in the application for a certificate of authority, omitted information required to be provided under this article, failed to pay all fees, taxes, utilities (water-sewer) and/or other charges imposed under the provisions of this article or other town ordinances as applicable, or failed to update information required to be provided to the town in accordance with this article;

c.

A certificate of authority may be immediately suspended by the mayor, zoning administrator, or their designee in situations where circumstances are present that may be construed as life-threatening or a danger to human life. Whether these circumstances are present in a particular situation shall be in the sole discretion of the mayor, zoning administrator, or their designee; however, the mayor, zoning administrator, or their designee may be guided by this article, the technical codes adopted by the town pursuant to chapter 8, section 8-1 of the Code of the Town of Tallulah Falls, Georgia, the fire prevention code adopted by the town pursuant to chapter 14, article III, section 14-46 of the Code of the Town of Tallulah Falls, Georgia, or any other state law or regulation applicable to such a situation including, but not limited to the rules and regulations for the State Minimum Fire Safety Standards or other public health guidelines and directives as the situation may warrant.

(Ord. of 7-23-2020)

1.

A certificate of authority for an STVR issued by the town shall not be revoked without notice and an opportunity for a hearing before the town council.

2.

Hearings on denials of certificate(s) of authority. Upon the denial of an application for a certificate of authority, the applicant shall be entitled to a hearing before the town council at a regularly scheduled meeting for the purpose of presenting evidence and argument regarding why the denial of the certificate of authority should be reversed. The applicant or his representative, including legal counsel, shall be entitled to participate in the hearing contemplated by this paragraph. The hearing contemplated by this paragraph may also be rescheduled one time by the applicant of the denied certificate of authority to another date and time of a regularly scheduled meeting of the town council in the future, provided that the date and time so requested for the hearing to be continued to shall be reasonably acceptable to the town council. The town council may also reschedule the date and time of any such hearing for the purposes of complying with the Open Meetings Act. After the conclusion of the hearing contemplated by this paragraph, the town council shall render a decision regarding whether the certificate of authority should be granted or remain denied.

3.

Hearings on revocations of certificate(s) of authority. Under circumstances in which the town council may revoke a certificate of authority, the holder of the certificate of authority that may be revoked shall be entitled to a hearing before the town council at a regularly scheduled meeting for the purpose of presenting evidence and argument in opposition to the suspension or revocation. The holder of the certificate of authority that may be revoked or his representative, including legal counsel, shall be entitled to participate in the hearing contemplated by this paragraph. The hearing contemplated by this paragraph may be rescheduled one time by the holder of the certificate of authority that may be revoked to another date and time of a regularly scheduled meeting of the town council in the future, provided that the date and time so requested for the hearing to be continued to shall be reasonably acceptable to the town council. The town council may also reschedule the date and time of any such hearing for the purposes of complying with the Open Meetings Act. After the conclusion of the hearing contemplated by this paragraph, the town council shall render a decision regarding whether the certificate of authority should be revoked.

4.

Notice of hearings. For all hearings provided for in this section 2211, notice of the public hearing shall be published in a newspaper of general circulation within the town no less than thirty (30) days prior to the hearing. The notice shall include the time, place and date of hearing along with the purpose of the hearing. Notice of the hearing shall also be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. In addition to circulation of the above notices, the Town shall post a sign, or several signs, if required, in the most conspicuous place or places, on the property affected. Each sign shall be no less than 12 square feet in area and shall contain information as to the relief requested and the date and time of hearing before the town council.

5.

Appeals of town council decision to the Superior Court of Habersham or Rabun County. Appeals of town council decisions made under section 2211 shall be made pursuant to section 1918 of the Zoning Code of Tallulah Falls.

(Ord. of 7-23-2020; Ord. No. 23-03, § 1, 7-13-2023)

The property owner may apply for reinstatement of a suspended certificate of authority, or apply for a new certificate of authority following revocation, by providing proof satisfactory to the town council, or other person responsible for administering the certificates of authority, as to the correction, remediation, or mitigation of the reasons for which the certificate of authority was suspended or revoked, including the payment in full of any fines, penalties, or fees associated with the violation that prompted the suspension or revocation of the previous certificate of authority, if any.

(Ord. of 7-23-2020)

1.

Any person or entity claiming a vested right to use or develop property for STVR purposes shall present such claim to the town council for a determination regarding its validity. Application for a determination shall be made to the town through the zoning administrator on forms established by the zoning administrator. Within 60 days of the filing of an application, the town council shall hold an administrative hearing on the application in which all questions and evidence shall be presented for consideration. The town council shall render a final written decision on the application within 30 days of the hearing.

2.

Notice. Notice of the public hearing shall be published in a newspaper of general circulation within the town no less than thirty (30) prior to the quasi-judicial hearing. The notice shall include the time, place and date of hearing along with the purpose of the hearing. Notice of the hearing shall also be mailed at least thirty (30) days prior to the public hearing to the owner of the property that is the subject of the proposed action. Such notices shall include the application number (if any number is assigned), date, time, location, and purpose of the public hearing. In addition to circulation of the above notices, the town shall post a sign, or several signs, if required, in the most conspicuous place or places, on the property affected. Each sign shall be no less than 12 square feet in area and shall contain information as to the relief requested and the date and time of hearing before the town council.

3.

Appeals of town council decision to the Superior Court of Habersham or Rabun County. Appeals of town council decisions made under section 2213 shall be made pursuant to section 1918 of the Zoning Code of Tallulah Falls.

(Ord. of 7-23-2020; Ord. No. 23-03, § 1, 7-13-2023)

The town clerk is hereby authorized to take all actions necessary or convenient to codify this article with appropriate indexing and/or cross references to other ordinances that are related to this article as provided for in chapter 1 of the Code of the Town of Tallulah Falls, Georgia.

(Ord. of 7-23-2020)

1.

It is hereby declared to be the intention of the Mayor and Council of the Town of Tallulah Falls that all sections, paragraphs, sentences, clauses and phrases of this article are and were, upon their enactment, believed to be fully valid, enforceable and constitutional.

2.

It is hereby declared to be the intention of the Mayor and Council of the Town of Tallulah Falls that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause, or phrase of this article is severable from every other section, paragraph, sentence, clause, or phrase of this article. It is hereby further declared to be the intention of the Mayor and Council of the Town of Tallulah Falls that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this article is mutually dependent upon any other section, paragraph, sentence, clause, or phrase of this article.

3.

In the event that any section, paragraph, sentence, clause, or phrase of this article shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council of the Town of Tallulah Falls that such invalidity, unconstitutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional, or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses, or phrases of this article and that, to the greatest extent allowed by law, all remaining sections, paragraphs, sentences, clauses, or phrases of this article shall remain valid, constitutional, enforceable, and of full force and effect.

(Ord. of 7-23-2020)

This article shall take effect and shall be enforced from and after the date of its adoption as provided for herein.

(Ord. of 7-23-2020)