Short-Term Rentals

Banks County has adopted a new ordinance for Short-Term Rentals. If you are currently operating a Short-Term Rental in Banks County, you must register with the county and apply for a license prior to September 1st, 2024 to continue operating. After September 1st, any existing STR that is found to be non-compliant will be fined for each day of continued operation. Licenses are renewed annually and the yearly fee is $150.

If you wish to start a new operation, please familiarize yourself with the new code prior to filling out the application. Your application will be reviewed and decided upon in a public hearing. The $150 fee is non-refundable upon rejection of application.

Appendix A "Zoning", Article IV "General Provisions", Section 421 "Short-Term Rentals"

The Ordinance

For the purposes of this chapter, a short-term rental (STR) shall be defined as the rental of any residential home or portion of any residential home to transient guests for a period of time no longer than 7 consecutive days.

A short-term rental as defined by these regulations shall conform to the following requirements:

1. No person or entity shall rent all or any portion of a dwelling unit as short-term rental without first obtaining a short-term rental license pursuant to the regulations contained in this chapter. Such a license shall be valid for one year, renewable annually. Licenses are nontransferable and should ownership change, a new application and fee will be required. Licenses are only effective at the location for which they are issued; each rental property must have its own separate license.
2. Applicants for a short-term rental license shall submit, on an annual basis, an application for a short-term rental license to the Department of Planning and Zoning. The application shall be accompanied by a non-refundable application fee in the amount of $150.00. Such application should include:
   • The address of the unit to be used as a short-term rental;
   • Proof of ownership of the unit;
   • Proof of homeowner’s insurance;
   • The maximum occupancy and parking limitations;
   • The name, address, telephone number and email address of the short-term rental agent, which shall include 24-hour contact information;
   • A signed acknowledgment that the owner or agent has reviewed this Chapter and understands its requirements; and
   • The agent’s agreement to assure that use of the premises by short-term 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.
3. The owner of the rental residence or the rental agent must be available to handle any problems arising from use of the short-term rental unit; post emergency contact name and phone number in a readily visible place in the short-term rental unit; receive and accept responsibility of any notice of violation related to the use or occupancy of the premises; and monitor the short-term rental unit for compliance with this chapter.
4. STRs must provide proof of registration with the Georgia State Department of Revenue as they shall be subject to applicable state and local taxes and are responsible for payment thereof as established by state law and the county code. Short-term rentals shall be subject to the hotel-motel tax for the furnishing of rooms as permitted under OCGA Section 48-13-51.
5. There shall be posted inside the unit a copy of the rental license as well as emergency contact information and rules of conduct to include maximum occupancy and maximum parking.
6. Maximum occupancy for a short-term rental shall be two persons per bed plus with a maximum of four bunks, but no rental shall have a maximum occupancy greater than twelve. Maximum parking shall be limited to one car per bedroom plus one additional car per residence, but no maximum parking shall exceed six vehicles.
7. All structures built for the purpose of short-term rental shall be built to the current international, state, and county codes for building, zoning, fire prevention, and health and sanitation and shall be required to be permitted and inspected as such. An operable interconnected, hard-wired smoke detection system, with battery backup, is required outside each bedroom. (In the case of registered nonconforming uses, an operable battery-operated smoke detector outside of each bedroom will be accepted.) Any units with LP or natural gas must have a carbon monoxide detection system as well.
8. There shall be only one dwelling (primary or rental) per parcel. No vacation rentals may be operated out of any type of outbuilding or accessory structure.
9. New rentals must meet the minimum requirement of 1000 sq. ft. of heated space as outlined in Section 602(4) of this code. Homes built prior to the 1000 sq. ft. minimum may be considered for rentals. No tiny homes will be permitted. HUD approved manufactured homes of any size are allowable and may be considered for rentals.
10. No recreational vehicles, no campers, no tents, nor any structures of a temporary nature may be used for short-term rentals.
11. All new applications for short-term rentals/vacation rentals must be approved in a public hearing by the Board of Commissioners with a recommendation from the Planning Commission.

Violations of this chapter will be cited and are punishable by fine. Multiple citations may result in the suspension or revocation of a license.

Existing short-term rentals qualifying as nonconforming uses must register with the Planning and Zoning Department by 9/1/2024 to keep their nonconforming status. An STR in existence prior to this ordinance that is not registered as nonconforming will be treated as a new use and held to the criteria established by this chapter. Nonconforming licenses which have been relinquished or revoked shall not be reinstated.