Board of Commissioners Agenda Item Transmittal Form Ordinance Transmittal Form GEoNo Type of Request: County Clerk Use Only Initiation ofText Amendment 2025-05 - 2nd Reading of Ordinance Ordinance #: K Submission Information K Information Contact Name: Summary of Request: Denise Tugman/Lashawn Gardiner Initiation ofUDO Text Amendment 2025-05 to amend Section 106-1 to add Short-Term Rentals Department: to definitions, to amend Section 218-1 to add Planning & Development Short-Term Rentals to the Table of Permitted Uses and create standards of use and development that will apply to the use. Department Director/Elected Official ChiefOperating Officer Signature Signature I have reviewed the attached, and it is approved as to Ihave reviewed the attached, and it is approved for processing. substance. Signature: Lashawn Gandises Date: March 28, 2025 Signature: Date: Director of Government: Affairs/County Clerk County Attorney Signature Signature I have reviewed the attached, and it is approved as to form. Ihave reviewed the attached, and it is approved for processing. Signature: Date: Signature: Date: Notes and Comments: February 18, 2025: First Read, Work Session February 25, 2025: First Read, Voting Session March 13, 2025: Planning Commission Meeting March 27, 2025: BOC Zoning Public Hearing April 08, 2025: Second Read, Voting Session 3as-n3 Ordinance No. Case No. TEXT2025-05 AN ORDINANCE TO AMEND THE TEXT OF SEC. 106-1 DEFINITIONS), SEC. 218-1 (PERMITTED USE TABLE), SEC. 206-1 (W-P WATERSHED PROTECTION DISTRICT), AND SEC. 218-13 (STANDARDS OF USE AND DEVELOPMENT) OF THE UNIFIED DEVELOPMENT ORDINANCE OF ROCKDALE COUNTY, GEORGIA, AS AMENDED, REGARDING SHORT- TERM RENTALS; AND AMENDING THE SUPPLEMENTAL REGULATIONS RELATED THERETO; TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES. WHEREAS, Title 2, the Unified Development Ordinance of Rockdale County (Subpart B - Planning and Development of The Code of Rockdale County, Georgia), as amended, governs land use and zoning; and WHEREAS, provisions within the Unified Development Ordinance pertaining to Short Term Rentals to create standardized regulations and criteria governing the location and density of Short Term Rentals sites to protect health, safety, climate, welfare, and economic growth; and WHEREAS, public hearings were held following public notice and all other requirements of Sec. 238-4 oft the Unified Development Ordinance; NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by the authority of same as follows: Section I That Sec. 106-1 entitled "Definitions" subsection (c) entitled "Definitions" is hereby amended by enacting the following: Short Term Rentals. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning: Bedroom shall mean an attached room that is intended, arranged, or designed to be occupied by one or more people primarily for sleeping purposes. County shall mean Rockdale County, Georgia. Garbage shall mean and include all waste and accumulation of animal, fruit, or vegetable matter that attends or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter of any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious and offensive gases and odors, or which may serve as breeding or feeding materials for flies and or germ-carrying insects. Garbage, for the purposes of this Section, shall also include recyclable materials and rubbish, as defined in the Rockdale County Code of Ordinances Sec. 78-46 Guests shall mean anyone who has a home address somewhere other than where he or she is spending the night and other than where he or she pays a fee for accommodation. Innkeeper shall mean any person who is furnishing for value to the public any room(s), lodging, or accommodations. Local contact person shall mean a person, firm, or agency representing an owner(s) of a Short-Term Rental who has access and authority to assume operational management of the short-term rental and take remedial measures. Noise Prohibited shall mean those regulations contained in the Official Code of Rockdale County, Georgia, Sec. 42-1 Page I of7 Ordinance No. Case No. TEXT2025-05 Occupancy, Transient, shall mean occupancy or use by a paying guest or tenant for a period of no more than fourteen (14) consecutive days and no longer than a total oft thirty (30) days per calendar year. Such an occupancy is characteristic of Short-Term Rentals or other establishments, by whatever name they are called. Operator shall mean any person operating a Short-Term Rental (as defined in this section) in Rockdale County, including but not limited to the owner or proprietor of the premises, lessee, lender in possession, or any other person otherwise operating a Short-Term Rental. Owner shall mean a person or entity that holds legal and equitable title to private property. Premises shall mean and include all physical buildings, appurtenances, parking lots, and all property owned and/or used by and for the Short-Term Rental. Private shall mean intended for or restricted to the occupants and or guests of the Short-Term Rental, not for public use. Rental Term shall mean the period oftime a person rents or leases a Short-Term Rental Short Term Rental shall mean any residential property, facility, or structure used for transient occupancy providing overnight lodging and accommodation for no more than no more than fourteen (14) consecutive days and no longer than a total of thirty (30) days per calendar year. Special Event or Private Function shall mean an organized activity for profit or non-profit having as its purpose entertainment, recreation, and education, including but not limited to a festival, party, reception, celebration or assembly. Section II That Sec. 218-1, entitled "Table of Permitted Uses,' ? is hereby amended by enacting the following: Short-term rentals are permitted in A-R Agnculuma-Kesidemta) and permitted with approval of a Conditional Use Permit in R-1 (Single-Family Residential) in accordance with the supplemental regulations found in Sec. 218-13 (mmm2). NAICS Sec. Uses Code 218-13 Short Term (mmml) Yes Rental Section II That Sec. 206-1 entitled "W-P Watershed Protection District" is hereby amended by enacting the following: Short-term rentals are permitted in W-P Watershed-Protection) in accordance with the supplemental regulations found in Sec. 218-13 (mmm2). Page 2 of7 Ordinance No. Case No. TEXT2025-05 Specified Use W-NR W-RW W-RR W-RB W-RP Short Term Rental P Section IV That Sec. 218-13 entitled "Supplemental Standards of Use and Development" is hereby amended by adding subsection (mmm1) and enacting the following: (a) AII structures used for short term rentals shall satisf the National Fire Protection Association and International Fire codes, as adopted and amended by the Georgia Department of Community Affairs, and the Rockdale County Code of Ordinances. (b). AII swimming pools, spas, and hot tubs shall comply with the International Swimming Pool and Spa Code as adopted and amended by the Georgia Department of Community Affairs and the Rockdale County Code ofOrdinances as it applies to barriers andfloatation devices. (c) No exterior alterations may be made to a residence to indicate that it is being used as a short-term rental. House numbers shall always be visible from the public street. (d) No advertising shall be visible from the street or from adjoining properties. (e) No detached structures, guest houses, or recreational vehicles or trailers shall be used as a short-term rental. G Only a bedroom as defined herein shall be used, for overnight sleeping quarters. (1) Every bedroom occupied by one person shall contain at least 70 square feet offloor area, and every bedroom occupied by more than one person shall contain at least 50 square. feet offoor area for each occupant thereof (2). Except where there is only one bedroom, bedrooms shall not constitute the only means ofaccess to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. (3) Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. (4) Every bedroom shall have at least six (6) square. feet offloor to ceiling heated closet space, and for each permissible occupant over two, there shall be an additional offour (4) square feet in the above described closet; however, ifsuch space is lacking, an amount of space equal in square. footage to the deficiency shall be subtracted from the area of the bedroom space used in determining permissible occupancy. (5) No space located totally or partially below grade shall be used as a bedroom unless the total openable window area, for allowing the entrance of outside light is equal to at least five (5) square feet and there are no pipes, ducts, or other obstructions less than sixfeet eight inchesfrom thej foor level which interfere with the normal use ofthe room or area. (g) No more than three guests shall be allowed per bedroom. The number ofbedrooms shall be confirmed by an on-site inspection by a representative of the County, and a maximum overnight sleeping occupancy shall be established for the permit. (h) Short-term rental premises must be maintained in compliance with standards contained within the Rockdale County Code ofOrdinances. Page 3 of7 Ordinance No. Case No. TEXT2025-05 (1) Each operator ofo a short-term rental is required to keep a guest registry containing guest names, dates of occupancy, city ofpermanent residency, and description and license plate number ofthe vehicle they are using. Each operator ofa short-term rental shall keepfor at least 30 days the above-described register. Said records shall be made available for examination by the Rockdale County Board of Health or any authorized law enforcement agency upon the operator or owner of such a short-term rental being presented with a warrant to provide such information or immediately upon exigent circumstances. G) Operators ofshort-term rentals shall not be permitted to serve food to guests for sale or otherwise no. food preparation, except beverages, is permitted within individual bedrooms. (K) The permit number shall be included on all advertisements: for the short term rental. () Special events or private functions are not permitted at short term rentals. For the purposes of defining a special event, in addition to the definition contained herein, no more than 2 times the maximum overnight sleeping occupancy shall be permitted on the premises at any time. (e) The operator shall not permit any occupant to sublet the premises and shall notify occupants of this prohibition in the guest occupancy agreement as required by O.C.G.A. S 43-21-3.2. Application, for Permit. (a) Each person seeking to obtain a permit to operate a short-term rental shall submit an application to the Planning and Development Department on a form provided by the same. The said application shall include: (1) A statement that each applicant is a citizen or legal resident ofthe United States. (2). Address, phone number, and email address ofeach applicant. (3) The address ofthe short-term rental. (4) Consent by each applicant to undergo ai State of Georgia criminal background check. (5). A copy ofa deed showing the applicant to be the owner ofthe premises for which the permit is sought. (6) AII other state and local permits pertain to the operation of short-term rentals, including approvals, as applicable, or as determined by the Director ofl Planning and. Development. (7) A copy of the guest occupancy agreement as required by O.C.G.A. S 43-21-3.2. This agreement shall contain, at a minimum, notice to the occupants regarding the County's noise ordinance, special event prohibition, prohibition onsubleasing, and notice that failure to vacate the premises for violating the agreement will be considered trespassing and thus subject to criminal prosecution. (8) An affidavit swearing to use a platform that complies with state laws and collection of appropriate sales and lodging taxes. (9) The name, address, telephone number, and email address ofthe local contact person(s); and (10) Any other information may be required by the Planning and Development Department. (b) All applications for a permit to operate a short-term rental shall be accompanied by the payment of applicable fees as set in a schedule offees adopted by the County and amendedj from time to time. Issuance of Permit. (a) Upon determining that an application is complete, applicable fees are paid, and all the standards ofthis section are satisfied, the Planning and Development Department shall issue the appropriate permit for 730 calendar days for which approval was granted. Page 4 of7 Ordinance No. Case No. TEXT2025-05 (b) No permit shall be issued for any short term rental where any individual having interest either as an operator, owner, partner, principal stockholder, or licensee, whether such interest is direct or indirect, or beneficial or absolute, has been convicted or has taken a plea ofnolo contendere withinfive years for a felony 07 any crime involving moral turpitude, or has been convicted or has taken a plea of nolo contendere within two years. for any misdemeanor ofany state or ofthe United States or any municipal or county ordinance which would have any effect on the applicant' S ability to properly conduct such business, except traffic offenses. The term "conviction as used in this section shall include adjudication ofguilty pled, plea ofr nolo contendere, or forfeiture ofa bond when charged with a crime. Biennial renewal of permit and abandonment of permit. All permits issued pursuant to this article are annual permits that run 730 days from the issuance of the permit. Holders of existing permits in good standing shall apply to the Planning and Development Department for renewal by filing a renewal application in proper. form and tendering the requiredfees. Renewal applications shall be accompanied by compliance documentation for payment ofe excise taxes and sales taxes, along with reinspection approvals from the Rockdale County Fire Marshal and other documents as required by the Planning and Development Department. Transfer of Permits. Permits are issued to the applicant and do not carry with the land or premises. No permit issued pursuant to this article shall be transferred from one person to another. Any violation of this section shall constitute due cause. for probation, suspension, or revocation of the permit. Revocation of Permit. (a). Any permit issued pursuant to this article may be revoked by the County, after notice and hearing, for any ofthe following reasons. (1) Any fraud, misrepresentation, or false statement contained in the application for the permil. (2). Anyfraud, misrepresentation, o7 false statement made in connection with any transaction. (3). Any violation ofthis article; or (4) The conducting ofthe business permitted under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constituute a menace to the health, safety, or general welfare of the public. (b) Whenever, in the opinion ofthe County Chair or designee, there is cause to revoke said permit, a notice ofhearing for the revocation ofa permit issued under this article shall be given in writing, setting forth specifically the grounds ofthe complaint and the time and place ofthe hearing. (1) The notice shall be served on the holder of the permit by handing the same personally to the person operating the permitted business, or by mailing the same postage prepaid, to the holder of the permit at her or his last known address at least five days before the date set out for the hearing. (2) The giving ofsuch notice shall suspend the permit pending the outcome ofthe hearing, and any business conducted under the permit shall cease during said period ofsuspension. (3). Afier the hearing, the County Chair or designee may decide on the revocation ofsaid permit. Ifthe decision is averse to the permit holder, he/she may appeal such a decision within ten days to a court of competent jurisdiction via the writ ofcertiorari. (4) Any owner who has his or her permit revoked shall be disqualified, from reapplying. for such permit for 24 months immediately. following revocation. Complaints. Page 5 of7 Ordinance No. Case No. TEXT2025-05 Complaints about the property may result in a notice of the violation being directed at the local contact person. The local contact person shall be responsible for contacting the responsible guests and/or occupants to correct the problem within one hour. This local contact person is required to visit the propertyto confirm compliance with this chapter unless compliance can reasonably be confirmed without visiting the property. It is not intended that an owner or local contact person act as a peace officer or place himself or herself in an at-risk situation. Violations and Penalties. (a) The following conduct shall constitute a violation for which the penalties specified herein of this section may be imposed, or the short-term rental permit revoked: (1) The owner or local contact person has violated any ofthe provisions ofthis chapter; or (2) The owner or local contact person has violated any zoning, building, health, or life safety provision; or (3) Each day the short-term rental is marketed or rented for overnight accommodation shall constitute a separate violation. (4) Failure ofthe owner or local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental in a timely and appropriate manner as specified herein shall be grounds for the imposition ofpenalties as set forth in this section. (5) Three or more separate complaints received from at least fwo different property owners or occupants within any six-month period for the same short-term rental property. (b) Any violation ofthe provisions ofthis section by occupants and/or guests ofthe short-term rental shall be enforced pursuant to this section, and any other applicable Code sections. Enforcement actions may be brought against occupants and/or guests ofa short-term rental for violations ofthis section and any other provision ofthis Code, nolwithstanding that this section may also make the owner or local contact person ofthe short-term rental responsible for the conduct constituting the violation. The penalties for violations shall be as follows: (1) For the first violation within any 12-month period, the penalty shall be a citation and a fine not to exceed $500.00. (2) For a, second violation within any 12-month, period, the penalty shall be a citation and aj fine not to exceed $750.00. (3) For a third violation within any 12-month period, the penalty shall be a citation, a fine not to exceed 81,000.00, the revocation ofthe short term rental permit for 24 months, and the owner or local contact person shall not be eligible to reapplyfor a short term rental on the property in violation for 24 months from the date ofrevocation. (c) Ifn mon-compliance with the provisions ofthis section occurs, the Planning and Development Department or law officer of the County shall investigate whenever there is reason to believe that an owner and/or local contact person has failed to comply with the provisions of this chapter. The investigation may include an inspection of the premises, a review of law enforcemenlsecuriy reports, online searches, citations, or neighbor documentation consisting ofphotos, sound recordings, and video, all ofwhich may constitute evidence ofa violation. (d) The Planning and Development Department, Code Enforcement Officer of the County, and the Rockdale County Sheriff Department are hereby authorized and directed to establish such procedures, which may, from time to time, be required to carry out the purpose and intent ofthis chapter. The Rockdale County Sheriff or her or his designee or Code Enforcement shall also have authority to enforce this chapter. Page 6 of7 Ordinance No. Case No. TEXT2025-05 Section V That all ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. Section VI Should any court of competent jurisdiction declare any section of this ordinance invalid or unconstitutional, such declaration shall not affect the validity of the ordinance as a whole, or any part thereof, which is not specifically declared to be invalid or unconstitutional. This Ordinance shall become effective upon official adoption by the Rockdale County Board of Commissioners. ADOPTED AND APPROVED THIS DAYOF 2025. ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS JaNice Van Ness, Chair & CEO Tuwanya C. Smith, Commissioner Post I Dr. Doreen Williams, Commissioner Post II Attest: By: Jennifer Rutledge, County Clerk Approved as to Form: By: M. Qader A. Baig, County Attorney First Reading: Second Reading: Page 7 of7