Short-Term Rentals (STRs)

Last Content Update: 2 months ago

Note: The final list of legal non-conforming properties was posted on March 1, 2025.

On February 6, 2024, the Mayor and Commission adopted text amendments that established short-term rentals as a land use regulated by Title 9 of the Athens-Clarke County Code of Ordinances.

Short-term rentals are defined as an accommodation for transient guests where, in exchange for compensation of any type or amount, a residential dwelling unit is rented or otherwise provided for lodging for any period of time less than 31 consecutive days. Such accommodations are usually, but not exclusively, advertised through websites such as Airbnb.com, Booking.com, Hometogo.com, and vrbo.com.

The ordinance language regarding short-term rentals (STRs) includes:

Definitions for STRs when operating as a Home Occupation and when operating as a commercial enterprise for the sole and primary use as an STR.
Identification of the zoning classifications that allow or prohibit STRs.
The operating requirements for the two types (Home Occupation and Commercial) of STRs.
A provision that allows for recognition of pre-existing STR uses that can be classified as legal non-conforming and allowed to continue operating as such for prescribed period of time.

Process for Demonstrating Compliance with ACCGov Ordinance Requirements

The primary distinctions between Home Occupation STRs and Commercial STRs involve two criteria.

Home Occupation STRs require:

That the applicant shall be the owner-occupant of the property or a long-term tenant of the property owner, and
Only one structure on the subject parcel may be permitted for use as an STR.

Commercial STRs are not subject to these limitations.

Once a STR comes into compliance with ordinance requirements, it will be removed from the legal non-conforming list.

Home Occupation STR instructions

Home Occupation permits for STRs are reviewed and issued by Planning Department staff. Contact the Planning Department with any questions.

Applicants must submit two forms of identification with the application in order to establish primary residency. These forms of identification can be Federal, State, or Local.

e.g. Passport, Green Card, Military License, Driver's License, Voter Registration, Vehicle Registration, Homestead Exemption.

Leases are considered supplementary to help establish residency, but do not raise to the level of an acceptable form of verification.

Applicants must also submit a notarized affidavit (see below for blank affidavit).

Commercial STR instructions

Applications for Commercial STRs are reviewed as a Construction Plans Review submittal in order to coordinate the review and permitting by the appropriate ACCGov departments. Contact the Planning Department with any questions.

List of Identified Legal Non-Conforming Short-Term Rentals

Following adoption of the STR Ordinance, the Planning Department developed an initial list of STR properties identifying those STRs in operation between September 19, 2022 to September 19, 2023. This list is known as the “Legal Non-Conforming STR List.”

Properties on the Legal Non-Conforming STR List do not currently conform to the STR Ordinance, but must come into compliance with the STR Ordinance within 24 months as measured from March 1, 2025.

This initial Legal Non-Conforming STR List was posted on Athens-Clarke County’s website on July 1, 2024. Property owners or residents whose properties were not identified on the Legal-Non-Conforming STR List had a six-month public review period between July 1, 2024 and December 31, 2024 during which they could apply for inclusion on the list.

The six-month public review period has concluded and the Athens-Clarke Planning Department has finalized the Legal Non-Conforming STR List. The properties on the final list are permitted to continue in operation for a period of up to 24 months as measured from the date the final Legal Non-Conforming STR List is published (March 1, 2025). STRs that are not on the Legal Non-Conforming STR List must comply with the STR Ordinance.

Properties that come into compliance with the STR Ordinance will be removed from the final Legal Non-Conforming STR List. Additionally, a change in ownership of an STR will result in the loss of its legal non-conforming status and will require that the STR comply with the STR Ordinance. Contact the Planning Department for more information about the process.

Final list of identified Legal Non-Conforming Properties (Updated March 1, 2025)

Ordinances

Short-Term Rental Ordinances (February 2024)

Hotel Motel Taxes & Business Occupation Tax Certificates

Operators of STRs are also required to collect and pay the 7% local hotel motel excise tax and have a business occupation tax certificate. Payment of this tax may be handled by a third-party lodging facilitator (online lodging platform such as Airbnb or Vrbo) or by the operator if the guest pays the operator directly.

For more information about these taxes and the certificate, visit the Finance Department's short-term rental webpage.

FAQs

What is considered a short-term rental (STR)?

What does inclusion on the Legal Non-Conforming STR List mean?

As part of the process of developing the ordinance, the Planning Department developed an initial list of short-term rental properties identified as having operated during the period of September 19, 2022 to September 19, 2023. This Legal Non-Conforming STR List identifies STR properties that do not currently conform to the ordinance compliance requirements but will have a specific time period in which to come into compliance.

This initial Legal Non-Conforming STR List will be posted for a six-month public review beginning on July 1, 2024 through December 31, 2024. Property owners or residents whose properties operated as an STR during the September 19, 2022 to September 19, 2023 period and are not listed can have their properties considered for inclusion on the list. Requirements for documentation are noted on www.accgov.com/str and can be submitted to the ACCGov Planning Department for review and verification through an online form or in person.

Once the six-month public review period has ended and the list is deemed complete by Planning Department staff, the properties included on the final list will be allowed to operate as legal non-conforming STRs for a period of up to 24 months as per the ordinance. STRs that are not included on the list would need to be in compliance with the STR ordinances by the time the list is finalized.

A change in ownership of an STR will result in the loss of legal non-conforming status and require that the STR come into compliance with the STR ordinances in order to continue use as a short-term rental.

Any properties that come into compliance with the ordinances will be removed from the final list.

Contact the Planning Department for more information about the process.

What types of STRs are there?

The ordinance defines two primary types of STRs – Home Occupation STRs and Commercial STRs.

The primary distinctions between Home Occupation STRs and Commercial STRs involve two criteria. Home Occupation STRs require that the applicant is the owner-occupant of the property or a long-term tenant of the property owner and only allowed one structure on the subject parcel may be permitted for use as an STR.

Commercial STRs are not subject to these limitations.

How do I become compliant with the STR ordinance for a property?

Home Occupation permits for STRs are reviewed and issued by Planning Department staff, while applications for Commercial STRs are reviewed through the construction plans review process in order to coordinate the review and permitting by the appropriate ACCGov departments. Contact the Planning Department for questions about either process or visit www.accgov.com/str for forms and more information.

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