Blue Ridge, Ga. – The Blue Ridge Council held a special called meeting to discuss the creation of the Downtown Development Authority. During this meeting the discussion of nightly vacation rentals in the downtown area garnered much attention.
The city has proposed a “City of Blue Ridge Short Term Vacation Rental Ordinance”.
CJ Stam was present to address the council on behalf of the Blue Ridge Lodging Association. Concerning this ordinance Stam stated, “This is an important issue to us. We’re not opposed to this. We actually appreciate it. We don’t mind having rules set in place.”
The Blue Ridge Lodging Association represents approximately 10 rental companies with over 500 different types of rental properties in our area.
Stam said that concern falls in the application process that the city is requiring, stating that it “seems a little bit cumbersome”.
According to the proposed ordinance, an application for a short term vacation rental certificate shall be submitted along with a non-refundable application fee to the City of Blue Ridge.
Along with proof of homeowners insurance and having staff available 24 hours a day for contact, the applicant would have to submit a large amount of information pertaining to themselves as well as the guests.
APPLICATION MINIMUM REQUIREMENTS
1. The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information;
2. The address of the unit to be used as a short term vacation rental;
3. The name, address, telephone number and email address of the short term vacation rental agent, which shall constitute his or her 24-hour contact information and who shall:
a. Be reasonably available to handle any problems arising from use of the short term vacation rental unit;
b. Appear on the premises within 24 hours following notification from the City Clerk, Police Chief or the City Attorney, or his/her designee, of issues related to the use or occupancy of the premises.
c. Receive and accept service of any notice of violation related to the use or occupancy of the premises; and
d. Monitor the short term vacation rental unit for compliance with this ordinance.
4.The owner’s sworn acknowledgment that he or she has received a copy of this section, has reviewed it and understands its requirements;
5.The owner shall state the maximum occupancy for the residence, which shall be the same number as advertised and marketed to potential renters by or on behalf of the owner;
6. 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;
7. A copy of an exemplar agreement between the owner and occupant(s) which obligate the occupant to abide by all of the requirements of the ordinance, and other City ordinances, state and federal law, and that such a violation of any of these rules may result in the immediate termination of the agreement and eviction from the premises, as well as potential liability for payment of fines levied;
8. Proof of the owner’s current ownership of the short term vacation rental unit; and
9. Proof of homeowner’s insurance.
B. Registration under this code section is not transferable and should ownership of a short term vacation rental change, a new application is required, including application fee. In the event of any other change in the information or facts provided in the application, the holder of the short term rental certificate shall amend the filed application without payment of any additional application fee.
Questions also arose about the proposed ordinance not outlining where these rental properties could be placed. Stam stated of the matter, “It sounds like this ordinance supersedes the zoning that is in place and allows anybody to rent in any zoning as long as they have gone through the application process.”
Council member Nathan Fitts agreed with Stam: “It’s been very vague where there can be rentals.”
According to the ordinance a short term rental is defined as: “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 30 consecutive days. Short term vacation rental shall not include any residential dwelling unit not regularly offered for rental, which shall be defined as any residence offered for rental less than fourteen (14) days in any given calendar year. For the purposes of this definition, a residential dwelling shall include all housing types and shall exclude group living or other lodging uses.”
The ordinance goes further to state that “vacation rentals may be offered to the public for rental following issuance of a short term vacation rental certificate, receipt of an occupation tax certificate, and payment of any and all applicable State and City taxes” but does not address zoning.
Mayor Donna Whitener pointed out that currently short term rentals are only allowed in commercially zoned properties and are prohibited in residential zones, but acknowledged that there are rental properties in residential areas already.
“I’ve had a lot of people in the community who say they don’t want it in the residential areas,” council member Rhonda Haight said of possibility of allowing these rentals to continue.
After brief discussion Whitener suggested “cleaning up” the language of the ordinance to clearly define areas in which these short term rentals can be offered.
Further discussion is expected at the next Blue Ridge City Council meeting to be held on tonight, Dec. 11 at City Hall.
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