During a workshop that preceded a Monday, June 21, meeting of the Ellijay City Council, councilmembers and Mayor Al Hoyle heard concerns and questions -— mostly from owners of short-term rental properties -— about a proposed city ordinance that would govern operation and licensing of certain short-term or “vacation” rentals.
The first reading of that ordinance was scheduled to be given during Monday’s council meeting. However, due to the amount of public comment heard and discussion amongst councilmembers about possible changes to the ordinance, the first reading was ultimately tabled.
Nearly 30 people attended the workshop, and several identified themselves as owners of the short-term rentals known popularly as Air BnBs.
“By not having (an ordinance) now, what’s going to happen to those of us who do have a short-term rental property?” asked Calvin Wilson.
Hoyle said bed and breakfasts and short-term rentals that are already classified as general commercial, like hotels and motels, are allowed, but the city does not currently have an ordinance for short-term rentals in single family residential (R1) dwellings.
“The reason we’re doing an ordinance is it’s become such a popular thing, we want to put some ground rules (in). It is running a business and you want to collect the hotel-motel tax on it, and you want to have rules in place to protect the surrounding area,” said Hoyle, who reminded attendees that the ordinance is in the draft stage, and changes can still be made.
The ordinance draft contains a sunset clause stating that short-term rental units will not be permitted in residential zoning districts. However, residential-zoned properties under contract with Air BnB or similar entities, or that are in use as short-term rental units, may continue with that use until Dec. 31, the draft states.
It also states that all short-term rental units must be licensed by the city, and the annual license fee is $200. An applicant must apply and pay the fee each year.
Wilson asked why an ordinance is being proposed for short-term, but not long-term rentals.
“I don’t understand why you’d have to petition your neighbor to have short-term rentals and not long-term rentals,” said Wilson about requirements that owners of residentially-zoned short-term rentals must meet to receive a conditional-use permit.
Those requirements include that no owners of residential property within 5,000 feet of a proposed short-term rental object to the rental use, or, in the case of a subdivision, no owner of property within the subdivision where the proposed short-term rental is located objects to the use.
Responding to Wilson, Hoyle said, “It’s like a zoning change. It’s the same process in place for a zoning change and bed and breakfasts. It’s a completely different use of the property. Long-term rentals (have) been around forever. It’s a single family living there, or supposedly it is. It’s a house and people live there. It’s not a motel. (For) short-term rentals, a hotel or motel is the closest thing I can equate it to.”
Some attendees wanted to know if there had been many complaints about noise or disturbances at short-term rentals. Ellijay Police Capt. Ray Grace said he hadn’t had any personally within the city.
Debbie Osborne, owner of Mountain Oasis Cabin Rentals, said her business has a pretty strict rental agreement, and she’s had less than 1 percent of calls complaining about her short-term renters.
“Most of the people who come up here, they’re just looking to enjoy a little bit of God’s country that we enjoy every day,” she told the council.
Councilmember Tom Crawford said something has to be done in a responsible way to control short-term rentals, but he also disagreed with some of the language in the draft including the no objections within 5,000-feet item.
“The draft right now in place is a nonstarter the way it’s written, However, it’s got a lot of good things in it,” Crawford said. “This makes absolutely no sense and is totally unreasonable, and that’s the 5,000-foot rule. We’re talking about a mile here. My recommendation would be a two-block radius if it’s not in a designed subdivision or neighborhood.”
Crawford suggested if the city is going to license short-term rentals, why not do the same thing or something similar for long-term rentals.
“The slumlords own properties all over Ellijay. They’re unkept. They’re not up to code. In my mind, that’s a lot bigger problem than what we’re talking about today,” he said.
During the council meeting, Hoyle suggested putting off the first reading so the ordinance can be worked on, and the motion to table it passed.