Cobb commissioners approve short-term rental ordinance

For the first time, short-term rental properties in unincorporated Cobb will be regulated by the county.

But before the 4-1 vote by the Cobb Board of Commissioners Tuesday, some citizens still expressed either opposition or wanted them to delay passage and make further changes to the proposed ordinance.

While acknowledging the first-time code provision is far from perfect, Cobb Community Development Director Jessica Guinn said it’s important to get started with an enforcement mechanism.

The new ordinance will go into effect on Jan. 1, 2023.

Each rental must have a designated local agent available to be contacted about parking, noise and other issues.

The regulations would allow up to one person for every 390 square feet and parking, building, health and sanitation regulations governing single-family zoning would also apply.

The rentals would be subject to hotel/motel taxes tourism fees and other local and state taxes.

The ordinance would require a separate certificate for each rental, lasting no more than 30 days.

In a major revision from the initial Sept. 13 public hearing on Cobb code amendments, only one active certificate could be in use per dwelling unit.

That was a response to concerns that single-family homes could be turned into “transient hotels,” with multiple parties occupying a residence at the same time.

But homeowners who rent out their homes said that would make it difficult for them to make ends meet, and that institutional and corporate owners of homes would benefit from the new law.

Jonathan Tremblay, a short-term rental owner, said he supports an ordinance to remove the ambiguity around the issue, but objects to the revised ordinance.

The changes, he said, “have effectively prevented homeowners from supplementing their income from short-term rentals.”

Tremblay said his attempts to speak with commissioners and county staff have been in vain.

“Without short-term rentals, me and my family will most likely have to file for bankruptcy and will likely have to relocate out of Cobb County,” he said.

Commissioner Keli Gambrill, who was the only vote against, held up a copy of a state law that the president of the Cobb Association of Realtors referred to during a public comment period.

Wendy Chambers told commissioners that state law prohibits local governments from mandating that residential rental properties be registered with the county.

“Requiring someone to register their property in any form or fashion is against Georgia law,” Marshall said, adding that current Cobb ordinances governing parking, noise and other provisions of the new code could be used.

She also said there may be constitutional issues under the Equal Protection clause, since short-term rental owners would be treated differently than those who rent out for longer periods of time.

“I’m not sure that Cobb County wants to take away the personal property rights of its residents,” she said.

When Gambrill later asked why the county didn’t draft the proposed ordinance “to supplement what the [state law] didn’t address,” she was told by Cobb County Attorney Bill Rowling that “it’s not a registration. It’s a business license.”

This is the third time Guinn has brought a proposal to commissioners, and said what she submitted is similar to provisions that exist in other local jurisdictions.

“Currently we have nothing,” Guinn said. Commissioners delayed a vote on the short-term rental proposal when it updated the code in January.

Commissioner of JoAnn Birrell of East Cobb said she didn’t see a need to delay passing an ordinance any further.

“To keep holding this when you’ve been saying all along we need to do something,” she said. “We can always change it down the road.”

Commissioners also approved new code changes that would require annual inspections of multi-family housing, require a permit from the Cobb Fire Marshal’s office for outdoor events with more than 1,000 people and ban smoking and vaping in county-owned parks, sporting complexes and recreation areas, except where designated.

A landlord would be required to hire a certified building inspector at its own expense and that is approved by the county. A quarter of a property’s units would be inspected every year. That ordinance will becoming effective Jan. 1, 2024.

In another new ordinance, developers who wish to build private streets must build them to county standards for public streets and a homeowners association is required to insure, maintain and repair them to county standards.

Also passed Tuesday was an updated code provision requiring rezoning applicants to file a traffic study at least 15 days before a request is heard by the Cobb Planning Commission.

Related:

• Cobb commissioners table proposals to regulate trash service
• Cobb trash haulers tell county officials: ‘We can fix this’
• Birrell asks for Cobb to delay proposed trash service changes
• Proposed changes to Cobb trash service draw citizen opposition
• $1 billion in 2022 Cobb property tax bills issued; due Oct. 15

Get Our Free E-Mail Newsletter!

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!