HomeMy Public PortalAbout28-2015_ShortTermRentals.pdfORDINANCE NO. 28-2015
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO SHORT TERM RENTAL PROPERTIES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the
State of Georgia to adopt reasonable ordinances to protect and improve the public health,
safety, and welfare of the citizens of Tybee Island, Georgia,
WHEREAS, the duly elected governing authority for the City of Tybee Island,
Georgia, is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police,
zoning, and home rule powers;
WHEREAS, the City of Tybee Island desires to create a new ordinance to be
Chapter 34, Article VII, Sections 34-195 through 34-200 of the Code of Ordinances
pertaining to short term rental properties;
WHEREAS, the City is a popular tourist destination;
WHEREAS, the City’s tourist industry has continued to grow; and,
WHEREAS, the following extensive debate and review on the matter of short
term vacation rentals, the City Council has determined that the regulation of short term
rental properties is appropriate in order to protect the health, welfare and safety of the
general public and the citizens, residents and visitors to the island.
NOW, THEREFORE, be it ordained by the governing authority of the City of
Tybee Island in open meeting that the following shall be known as the “Tybee Island
Short-Term Rental Ordinance” and shall be referred to herein as “this Ordinance:”
CHAPTER 34
ARTICLE VII
Sec. 34-195. Definitions
(a) “Owner,” as defined herein, is the owner or owners of a Short-term
vacation rental. That includes any owners, shareholder, partner or interested party of any
legal entity which owns a short-term vacation rental.
(b) “Person” shall include every individual, firm, partnership, social or
fraternal organization, corporation, estate, trust, receiver, or any other group or
combination acting as a unit.
(c) “Short-term Vacation Rental Occupants” means guests, tourists, lessees,
vacationers or any other person who, in exchange for compensation, occupy a dwelling
unit for lodging for a period of time not to exceed thirty consecutive days.
(d) “Short-term Vacation Rental” means an accommodation for transient
guests where, in exchange for compensation, a residential dwelling unit is provided for
lodging for a period of time not to exceed thirty consecutive days. Such use may or may
not include an on-site manager. For the purposes of this definition, a residential dwelling
shall include all housing types and shall exclude both bed and breakfast as they are
defined by the City of Tybee’s Land Development Code.
(e) “Short-term Vacation Rental Agent” means a natural person designated by
the owner of a Short-term Vacation Rental on the short-term vacation rental certificate
application. Such person shall be available for and responsive to contact at all times.
(f) “Bedrooms” means a room or space within a Short-term vacation rental
intended or used for sleeping, that is designated as such by the Short-term Vacation
Rental Owner.
Sec. 34-196. Application
(a) Within one hundred and twenty (120) days after the effective date of this
Ordinance, no person shall rent, lease or otherwise exchange for compensation all or any
portion of a dwelling unit as a short-term vacation rental, as defined in Sec. 34-196,
without first obtaining an occupation tax certificate and complying with the regulations
contained in this section.
(b) No certificate issued under this Chapter may be transferred or assigned or
used by any person other than the one to whom it is issued, or at any location other than
the one for which it is issued. In the case of property transfer or change in management
company the property can continue to operate for thirty (30) days under the previous
certificate until the new owner/manager obtains a new certificate. A transfer fee as
determined by the City Manager may be applicable. Applicant for a short-term vacation
rental certificate shall submit, on an annual basis, an application for a short-term vacation
rental certificate to the City of Tybee Island. The application shall be furnished under
oath on a form specified by the City Manager, accompanied by a non-refundable
application fee as established by City Council and on file with the Clerk. Such
application should include:
(1) The complete street address, lot and block number, and the PIN as used by
the Chatham County Tax Assessor.
(2) Ownership, including the name, address, e-mail and telephone number of
each person or entity with an ownership interest in the property.
(3) The number and location of off-street parking spaces on the premises and
any off-premises parking applicable;
(4) The owner’s agreement to use his or her best efforts to assure that use of
the premises by short-term vacation rental occupants will not disrupt the neighborhood,
and will not interfere with the rights of neighboring property owners to the quiet
enjoyment of their properties
(5) The name, address and telephone number of a short-term vacation rental
agent who will be operating the short-term vacation rental and be available at all times
for the purpose of promptly responding to complaints regarding the conduct of the
occupant(s), or the occupant’s(s’) guests of the short-term vacation rental. The short-
term vacation rental agent must be available twenty-four (24) hours per day, on all days
that the residence is booked to have guests for the purpose of responding to complaints
regarding the conduct and behavior of the occupants.
(6) Any other information that this Chapter requires the owner to provide to
the City as part of an application for a short-term vacation rental certificate. The City
Manager or his or her designee shall have the authority to obtain additional information
from the applicant as necessary to achieve the objectives of this Chapter.
(c) In connection with each application for a short-term vacation rental
location, staff shall secure information regarding the nature and location of the property,
the maximum allowable occupancy and available off-street parking. Following review of
such information, staff shall set an occupancy limit based upon the provisions herein.
The owner shall provide staff with information and set the maximum number of vehicles
which may be lawfully parked on the property. In the event the off-street parking
includes area outside of any designated driveway or exceeds three off street parking
spaces, then staff may set a reasonable limit. The maximum occupancy by individuals
and the maximum number of vehicles shall be reflected on the licensing paperwork and
acknowledged by the applicant and, where appropriate, the Short-term vacation rental
agent. Where off-street parking exceeds two spaces, a drawing is required to be
submitted which identifies all structures on the property, all driveways and designated
off-street parking locations.
(d) An application pursuant to this Code section shall be processed, including
all determinations made by staff, and a written response given to the applicant within
thirty (30) days of the application being submitted.
(e) Interpretation with Zoning Codes. An application will only be
considered if the use is authorized under the property’s applicable zoning classification.
(f) Grant or Denial of Application. Review of an application shall be
conducted in accordance with due process principles and shall be granted unless the
applicant fails to meet the conditions and requirements of this Ordinance, or otherwise
fails to demonstrate the ability to comply with local, state or federal law. Any false
statements or information provided in the application are grounds for revocation,
suspension and/or imposition of penalties, including denial of future applications.
(g) Appeals of Determinations of Staff Pertaining to Grant Or Denials of
Applications.
(1) In the event an applicant believes that the staff erred in making any
determinations under this code section, the applicant may appeal to the
City Mana ger by supplying the Clerk written notice of appeal within
thirty (30) days of a staff determination. Upon receipt, a hearing
before the City Manager shall be held within thirty (30) days, and the
applicant will be given written notice of the hearing at least ten (10)
days prior to the hearing. In the event, an applicant is currently
lawfully leasing the property under pursuant to this Article, then this
appeal shall stay any revocations or determinations by staff.
(2) Appeals from the City Manager and Variances. In the event an
applicant believes that the City Manager erred in making any
determinations under this code section, or in the event the applicant
wishes to seek a variance, the applicant may apply to the Mayor and
Council by supplying the Clerk written notice of appeal or request for
variance within thirty (30) days of the City Manager’s decision.
Timely filing of an Appeal shall stay any revocation. Applicants may
seek a variance at any time following the submission of an application
and payment of all requisite fees. Upon receipt, a hearing before
Mayor and Council shall be held at the next scheduled meeting, the
applicant will be given written notice of the hearing at least ten (10)
days prior to the hearing, and the applicant will be allowed to present
evidence as to the alleged error of the City Manager, or reasons for the
requested variance.
Sec. 34-197. Requirements and Regulations
Any owner of a Short-Term Rental Property who obtains a license under this
Ordinance shall comply with the following:
(1) All Short Term Rental Properties shall comply with the terms of the
current Tybee Island Code dealing with garbage and arrange to have garbage picked up in
conjunction with the short term vacation rental’s trash pickup schedule, and shall
otherwise comply with the City’s Code and regulations regarding solid waste/refuse. 22-
191 et. seq.
(2) A Short-term Vacation Rental Agent shall be available twenty-four (24)
hours per day on days the property is occupied by guests for the purpose of responding
promptly to complaints or inquiries regarding the conduct, parking, trash or other issues
concerning the Short Term Rental Unit or its occupants. The name and telephone
number of the Short-term Vacation Rental Agent shall be on file with the Police
Department.
(3) All regulatory and administrative fees must be timely paid.
(4) The occupancy of a Short-term vacation rental shall conform to the
occupancy limits as set forth herein and as incorporated into the license and total
occupancy in all cases shall be subject to the following:
(a) The maximum occupancy for a Short-term vacation rental for any
continuous twenty-four (24) hour period or for overnight accommodations shall be
calculated on the basis of two adults per bedroom, plus an additional two adults.
Notwithstanding the designation offered by the Short-term Vacation Rental Owner for
number of bedrooms, the number of bedrooms shall not exceed the number designated on
the County Assessor’s property record card unless staff shall determine that the property
is unusual and extraordinary, in which case staff may set the occupancy limits without
regard to this subsection.
(b) Staff shall determine the number of off-street parking locations on
the short-term vacation rental property and it shall be incorporated into the license. It
shall be a violation to have more cars parked on the property that is depicted on the
license.
(c) A written notice provided by the City which contains information
about certain ordinances generally impacting renter(s) of short-term rental properties
shall be posted conspicuously and maintained in the property by the owner and displayed
at all times.
(d) Written Rental Agreement.
(1) There shall be a written rental agreement between a short-
term rental property owner or agent and the occupants(s) and it shall contain the
occupant’s(s’) agreements to comply with all of the regulations contained within this
Ordinance. The Written Rental Agreement shall substantially reflect the approved
written exemplar agreement, and contain all of the relevant material terms. The short-
term rental property owner or agent is required to get signatures of at least one adult
occupant and a list of all adult occupant(s) and keep those documents on file for at least
going back two years. The short-term rental property owner or agent is required to
permit inspection of these rental agreements upon demand by the City for tax collection
and public safety. Inspection shall be deemed met if the short-term rental property owner
or agent provides a copy of any agreement(s) to the City within five (5) days notice of the
request.
(2) Attached to and concurrent with submission of the
application described in this section, the owner shall provide a written exemplar
agreement, which shall consist of the form of document to be executed between the
owner and occupant(s) and which shall contain the following provisions: (A) The
occupant(s)’ agreement to abide by all of the requirements of this Ordinance, any other
City of Tybee ordinances, state and federal law and acknowledgement that his or her
rights under the agreement may not be transferred or assigned to anyone else; (B) The
occupant(s)’ acknowledgement that it shall be unlawful to allow or make any noise or
sound that exceeds the limits set forth in the City’s noise ordinance; and (C) The
occupant(s)’ acknowledgement and agreement that violation of the agreement or this
Ordinance may result in immediate termination of the agreement and eviction from the
short-term vacation rental unit by the owner or agent, as well as the potential liability for
payments of fines levied by the City.
(3) Proof of the owner’s current ownership of the short-term
vacation rental property; and,
(4) A written certification from the short-term vacation owner
or agent that he or she agrees to perform the duties specified in this Ordinance. The
license holder shall publish a short-term vacation rental license number in every print,
digital, or internet advertisement and any property listing in which the short-term
vacation rental is advertised.
(e) Notification of Violations. Within seven (7) days of any behavior
which results in a citation or incident report being issued at a short-term vacation rental
property, the City shall provide written notice to the short-term vacation rental owner and
agent of said citation or incident report and reference to a citation or incident report
number. When a property has three citations, which are supported by probable cause,
related to it within a twelve (12) month period, then the license shall be revoked by the
City in accordance with this Ordinance. The City Manager shall make the determination
whether the three citations were supported by probable cause and order any revocations
pursuant to this subsection.
Sec. 34-198. Informational Signs
All short-term vacation rental units shall have a sign mounted to the building or
front fence where available. The sign shall be facing the public street in which the house
is addressed to. The sign shall include a contact name and phone number for the short-
term vacation rental agent, and short-term vacation rental license number. The lettering
on the sign shall be a minimum of at least .75 inches tall and a maximum of 1 inches tall.
Sec. 34-199 Violations
(a) In addition to other means of enforcing violation of laws including
charging individuals with certain crimes, in the event of multiple violations of this
Ordinance, the City, through the City Manager, may direct notice to the short-term rental
property owner(s) or short-term vacation rental agent to show cause before the City
Manager why the license should not be revoked pursuant to Sec. 34-197(e) or any other
provisions which authorize revocation of the license. Notice shall be given at least ten
(10) days before any such hearing. Upon no representative for the short-term rental
property appearing at the hearing, the license will be revoked and any short-term rental
activities at the location is thereafter prohibited without a new license being applied for
and issued.
(b) In the event the owner, short-term vacation rental agent, or a
representative thereof, appears for the hearing, the City Manager shall make a
determination as to whether a violation has occurred and, if so, determine the appropriate
action to be taken. Action to be taken can include revocation of the license, imposing a
probationary status on the license, and/or additional restrictions on occupancy or parking
limits or other specific conditions. In the event a probationary license is issued, such
license may be revoked upon notice of not less than twenty-four (24) hours of a hearing
and a determination at such hearing that an additional violation has occurred.
(c) In the event of an adverse determination, so long as it is done within ten
(10) days of the decision of the City Manager, the owner, short-term vacation rental
agent, or a representative thereof, may appeal the decision of the City Manager to the
Mayor and Council of the City which shall conduct a hearing thereon and make a final
determination. A timely filed appeal to the Mayor and City Council shall stay any
revocation until such time as the Mayor and City Council have made a decision on the
merits.
(d) Each determination shall be sent by certified mail to the owner, short-term
vacation rental agent, or a representative thereof, to the address listed on the application
or at such other address as has been supplied to the City for such purpose in writing on
behalf of the applicant, owner, or agent.
(e) It is a violation of this ordinance for any owner, short-term vacation rental
agent, or property manager to violate the terms hereof in the following manner:
1. Operating a short term rental business or performing short term
rental activities without the required license and the payment of required regulatory fees.
2. Allowing occupants of a short-term vacation rental to exceed the
capacity permitted under the approved application and as established on the application
as to occupancy or parking.
3. Failure of the owner’s(s’) agent or Short-term vacation rental agent
to be available as required by the terms of this ordinance.
5. Violation of any special conditions imposed upon the licensing at
the time of issuance or at any time thereafter.
6. Knowingly conducting any unlawful or unpermitted activities on
the premises.
(f) In addition to termination of licensure or probation, among other penalties,
violations of this Chapter are subject to the following fines, to be levied after the City
brings the violator before the municipal Court, which may not be waived or reduced and
which may be combined with any other legal remedy available to the City:
(1) First violation: $250;
(2) Second violation within the preceding 12 months: $500; and,
(3) Third violation within the preceding 12 months: $1,000.
(g) Violations and revocations only relate to individual properties, and
violations at one short-term vacation rental property will not be applied to any other
property(ies). Revocations shall only be for one calendar year.
It is the intention of the governing body, and it is hereby ordained, that the
provisions of this ordinance shall become and be made a part of the Code of Ordinances,
City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if
necessary to accomplish such intention.
This Ordinance shall become effective on ________ day of
__________________, 2015.
ADOPTED THIS DAY OF , 2015.
______________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING: ______
ENACTED:
EMH/Tybee/Ordinances/2011/28-2015 - Short term rentals 09.28.15
EMH/Tybee/582-Short Term Rental Properties/28-2015