I’ve been host of a whole-house Airbnb property of several years in the City of Atlanta, R4 zoning. After a terrible guest experience where a huge unauthorized party was thrown, neighbors became agitated and contacted city zoning. I’ve not returned the zoning inspector’s call yet and wanted to reach out to see if anyone on this board has had a similar experience, specifically what Atlanta City zoning might ask me.
UPDATE: After studying the code and meeting with City of Atlanta Zoning I learned that: Complaints had been made that ’the house could be being used as a boarding house’. That’s apparently renting to more than 6 individuals, locks on doors, refrigerators in rooms, that sort of thing. The inspectors also noted that they are enforcing a rule that ’owner occupied homes can rent only two rooms, max 4 people’. Their conclusion in my case was that “nothing here looks like a boarding house or B&B, rather is consistent with a single family home in a residential neighborhood.” They also mentioned that their general rule of thumb is that, “sharing a residential home is usually fine as long as the occupants are ‘living like a family’.”
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I’m in Levittown PA, in the philadelphia area…I got home from work and saw a note on my door…it was the code enforcement officer’s business card, saying “please call me”. i knew it was time to say “uh-oh”. I called her back and she told me there were two recent neighbor complaints. Apparently someone saw my AirBnB ad, because the officer asked me “do you advertise your room rental”? I dont know what prompted this from out of the blue, but I’ve been doing AirBnB for a year ad a half and never a neighbor complaint. My guests are quiet and well-behaved, and i never interact with my neighbors (to my knowledge, my guests don’t either). I’m in an R2 zone neighborhood, in a small town, single family detached house. I treat my whole upstairs (2 bedrooms and one bathroom) as one who room so there are never more than 2 people, and they share the same parts of the house that I do…no separate living facility…so the code enforcement officer tells me “I am operating a business in a residential neighborhood” and I need to apply for a variance.
The code enforcement officer could not (or would not) tell me if simply the AirBnB ad sparked the complaint or if my recent guests did something to agitate the neighbors, or who the complaining neighbors were. The information I got was very vague.
I find it odd that these recent complaints just happened…these same neighbors should have noticed for a year and a half, all the different cars coming in and out…why they would wait a year and a half to complain…that’s why I think my recent guests did something to provoke my neighbors…
I’d be surprised if the code officer is correct. Renting your home is not a business. Ask the code officer to point you to the Levittown code sections she is referring to.
Yes, I agree, I occupy the property and the guests share the same parts of the house as I do, and we sort of live as a family. I don’t see how it’s a business when these people are living here just like I am…just because I am generating income from it, that should not automatically classify it as a business.
Ask to see the code. Know your code. And yes, “living like a family” is exactly what allows you to contend you are still using the home as it’s zoned, as single family. In Atlanta, you can even rent to two unrelated parties (not living like a family) in single family areas. In your case, you seem well within the zoning codes I’ve seen.
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I live in Savannah GA and was fined $1400 in 2014 for renting out a single room in my home while I lived there. I had no complaints from the neighbors; it was a city wide sweep of those not in compliance with the single residential rental ordinance. Now I have been petitioning the City to allow one room short term rentals in residential areas (my request has been on the books for the past two+ years…) but I will present it again September 20, 2016. Just want to make sure that I have the correct information from your recent posting: that Atlanta allows up to two bedroom short term rentals in owner occupied homes, up to four people.
This information would be really helpful in my presentation and letters to commissioners before the meeting. thanks
The “two rooms, max 4 people” rule is intended for homeowners renting out rooms longer-term. In such a case your “boarders” may, for example, have their own door locks and mini fridges.
They also mentioned the general rule of thumb is that, “sharing a residential home is usually fine (no limit of rooms or # of people) as long as the occupants are ‘living like a family’”, so for example, no individual door locks, mini fridges, etc.
Not sure about your setup, but most Airbnb room-shares I’ve seen look more like the latter, which has no limit for # of people and rooms so long as you are “living like a family”. If your guests have access to the kitchen and other common areas, I’d think that qualifies as living like a family and so imposes no limits in Atlanta.
Thanks for the clarification, that the two room etc rule is for longer-term. We can rent for longer than thirty days with a similar rule here in Savannah. So I really appreciate knowing that I can not use this Atlanta rule as an example of what other cities are going… for my request to the city to rent one room in my home……thanks!
On the other hand, it sounds like I can mention in my petition/presentation that the City of Atlanta allows residential home sharing if occupants live like a family, with no door locks, mini fridges, etc. Yes, for your last paragraph, that is all true in my case and others who live in the home.
I sure appreciate your comments. I have been searching the City of Atlanta zoning ordinances for residential areas and could find nothing ………now I know why!
my request to the City of Savannah is to rent a room for less than 30 days in my R-6 residential area…
Our county’s website has zoning code information – you just have to type in the address.
Hi, my home is in Smyrna but not within the Smyrna city limits. I’ve been trying to find permit requirements or zoning requirements without luck. Can you provide the correct link for Cobb County zoning codes? I’m new to all of this. Thanks so much!
My sense is that you cannot find them because they do not exist. Is Far as I know there are no regulations directly affecting you sharing your home on Airbnb.
Kim
Thank you for responding. I agree. The only information on the County code site deals with noise disturbances, leash laws, etc.
So I’m a little bit confused. When ya’ll mean personal door lock, do you mean the Airbnb guest cannot have their own entry way into the house or they can’t have a lock on their door. That’s a smart set up to just have the guest stay with you like a family set up. No issues with permits and licenses then I’m guessing?
That’s a good question. I don’t know.
Also, what if I rent my house short term but do not live there (owner occupied)? Does that change anything?