Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Tuesday, September 19, 2023 6:00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in a special called session Present: Mayor Girtz; Commissioners Davenport, Link, Taylor, Wright, Fisher, Houle, Culpepper, Myers, Thornton, and Hamby. No one was absent. The purpose of the meeting was to establish a temporary emergency moratorium on the establishment of new short-term rentals on parcels in single-family residential (RS) zoning districts; and enter into executive session for discussion of real estate acquisition and/or disposal, and an attorney/client conference to discuss threatened or pending litigation. Any other item in proper order will also be considered. New business – Consider under suspension of Rules A motion was made by Commissioner Link, seconded by Commissioner Taylor, to suspend Rules of Commission for consideration of one new business item. The motion passed by unanimous vote. Public input All persons spoke in support except Sam Stabler. 1. Marilyn Vickers - supported 2. Clint Moore 3. Brent Allison 4. Sue Stephenson 5. Sam Stabler 6. Rhonda Allen 7. Mary T. Moore 8. Richard Zimbars 9. Joe Lavine 10. Richard McCormick 11. Michael McClendon 12. Jason Thrasher 13. Phyllis Childs 14. Kevin O’Neil A motion was made by Commissioner Hamby, seconded by Commissioner Link, to adopt the following ordinance (#23-09-71) which was presented by title only. The motion passed with nine yes votes. Commissioner Wright recused. AN ORDINANCE TO ESTABLISH A TEMPORARY EMERGENCY MORATORIUM ON THE ESTABLISHMENT OF NEW SHORT-TERM RENTALS ON PARCELS IN SINGLE-FAMILY RESIDENTIAL (RS) ZONING DISTRICTS; AND FOR OTHER PURPOSES. WHEREAS, as provided in Article IX, Section II, Paragraphs I, II, and III of the Constitution of the State of Georgia, the Unified Government of Athens-Clarke County enjoys all home rule powers, police powers, land development, governmental, and supplemental powers necessary to conduct and perform government functions; and WHEREAS, the Unified Government may exercise any power for government purposes, except as expressly prohibited by law; and WHEREAS, the Unified Government, like many other local governments in Georgia, has seen an increase in the number of short-term rentals, also known as short-term vacation rentals or “STRs,” which is usually the rental of a vacation home, dwelling, apartment, condominium, or any room or a portion thereof, for a period of thirty (30) consecutive days or less; and WHEREAS, STRs are usually, but not exclusively, advertised through websites such as Airbnb.com, Booking.com, Hometogo.com, and VRBO.com; and WHEREAS, the regulation of STRs implicates zoning and land use considerations, the jurisdiction of which is expressly vested in local governments under Article IX, Section II, Paragraph IV of the Constitution of the State of Georgia; and WHEREAS, the Constitution of the State of Georgia makes it clear that local governments may enact substantive zoning and land use regulations while, by contrast, the Georgia General Assembly may only enact legislation pertaining to zoning and land use procedures; and WHEREAS, the exercise of zoning and land use power by a local government is in the furtherance of its police power authority to aid the public health, safety, and welfare; and WHEREAS, based upon resident complaints, there is an increased degree of non-compliance activity related to STRs operating on parcels within the RS-40, RS-25, RS-15, RS-8, and RS-5 single-family residential zoning districts in Athens-Clarke County as evidenced by advertised properties that are operating without an occupation tax certificate and in violation of local quality of life ordinances; and WHEREAS, Unified Government staff have received an increased amount of nuisance complaints involving, among other issues, noise, over maximizing occupancy, traffic, and parking related to STRs in residential neighborhoods; and WHEREAS, Athens-Clarke County is experiencing a housing crisis whereby local and essential workers are unable to find housing while concurrently the demand on local services and resources is increasing, creating housing insecurities and understaffed organizations and businesses; and WHEREAS, the Commission of Athens-Clarke County has found that there is a need to create zoning and land use standards related to STRs, including regulations addressing zoning, noise-related issues, parking, occupancy, and public safety; and WHEREAS, the Commission of Athens-Clarke County desires to review for possible amendment or revision the provisions of the Zoning Ordinance of Athens-Clarke County relating to STRs within all zoning districts in Athens-Clarke County, Georgia, in order to promote and protect the public health, safety, and welfare of the citizens of Athens-Clarke County, and to preserve the residential character of existing residential zoning districts; and WHEREAS, the Commission of Athens-Clarke County is aware of the need to allow time for the Athens-Clarke County Planning Department, the Planning Commission, and others as deemed appropriate, to develop and propose amendments to the Zoning Ordinance of Athens-Clarke County relating to the operation of STRs; WHEREAS, the Commission of Athens-Clarke County is aware that, due to the requisite time involved in amending the Zoning Ordinance of Athens-Clarke County, additional STRs may become operational and the owners or operators thereof will consider themselves “grandfathered” thereby reducing the impact upon the public safety, health, and welfare of any newly-enacted zoning and land use standards for STRs; and WHEREAS, the Commission of Athens-Clarke County wishes to place the public and all parties on notice that it is considering such amendments and, in order to maximize the impact of such amendments, is hereby creating a temporary moratorium on the establishment of new STRs on RS-zoned parcels; and WHEREAS, the Commission hereby determines and directs that any RS-zoned property that has been operated as an STR in the past (12) months, as measured from the effective date of this Ordinance, is exempt from the moratorium imposed herein; and WHEREAS, for the purposes of this Ordinance, the Commission hereby determines that to “operate an RS-zoned property as an STR” means that a property or portion thereof has been advertised and/or marketed on a marketplace website (such as Airbnb.com, Booking.com, Hometogo.com, or VRBO.com), or has been provided as accommodations in exchange for payment of an agreed-upon price; and WHEREAS, the law is well established that a “zoning decision” is a final legislative action by a local government as further described in O.C.G.A. § 36-66-3(4)(A)-(F); and WHEREAS, pursuant to the Supreme Court of Georgia’s decision in City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130 (2001), a local government’s temporary moratorium is not a “final legislative action”; and WHEREAS, the Commission of Athens-Clarke County in good faith determines that this temporary moratorium is in the best interest of residents, visitors, and the Unified Government and that it is the least restrictive means available; a reasonable exercise of the Unified Government’s police power; and promotes the health, safety, and welfare of the public; and WHEREAS, to allow time for such considerations, a temporary moratorium on the establishment of additional STRs on RS-zoned parcels is a reasonable and necessary emergency measure to protect the status quo by prohibiting the actions described hereinabove.  NOW, THEREFORE, THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA HEREBY ORDAINS AS FOLLOWS: 1. The recitals in the preamble above are an integral part of this Ordinance, provide important background, and are incorporated by reference herein. 2. The Commission of Athens-Clarke County does hereby declare and establish a temporary moratorium on the establishment of new STRs on RS-zoned parcels. This Ordinance and the moratorium imposed herein shall take effect as set forth in Article II, Chapter 2 of the Charter of the Unified Government of Athens-Clarke County. 3. This temporary moratorium is necessary in order to maintain the status quo and allow the Planning Department of the Unified Government of Athens-Clarke County to consider the establishment of new or additional restrictions on the operation of STRs within the Code of Athens-Clarke County. The Manager (and appropriate staff as designated by the Manager) is hereby authorized to take necessary and appropriate actions, including posting any required notices under the Zoning Procedures Law, O.C.G.A. §§ 36-66-1, et seq., to study and propose further Ordinances and/or amendments to the Code of Athens- Clarke County, Georgia for adoption by the Commission of Athens-Clarke County to address the issues described in the preamble above. 4. The temporary moratorium imposed herein shall continue through and including Tuesday, November 7, 2023, at 11:59 post meridiem. Said temporary moratorium may conclude earlier upon the occurrence of any of the following: (a) approval by the Commission of Athens-Clarke County of an additional moratorium after a public hearing; (b) affirmative act by a majority of a quorum of the Commission terminating the temporary moratorium; or (c) the adoption and approval of an amendment to the current Title 9, Zoning and Development Standards, of the Code of Athens-Clarke County, Georgia, addressing the STR issues that are described in the preamble to this Ordinance. 5. This temporary moratorium shall have no effect on the use of properties as STRs on RS-zoned parcels where the rights to operate as an STR have become legally vested, nor shall this moratorium serve to disturb or hinder STR operations that legitimately began prior to the date that the temporary moratorium came into effect. As it pertains to establishing a vested entitlement to commence operating of an STR or to continue operating an STR, the property owner shall bear the burden to demonstrate such entitlement. Furthermore, the provisions of this Ordinance (or in any future zoning or land use amendments) to allow vested or legal nonconforming rights to operate an STR is not intended, nor shall they be construed, to imply that the Commission will not phase out STR operations over a reasonable period of time. See Flippen Alliance for Community Empowerment, Inc. v. Brannan, 267 Ga. App. 134, 137 (2004). 6. To the extent necessary, penalties in effect for violations of Section 1-1-5 of Chapter 1-1 of Title 1 of the Code of Athens-Clarke County, Georgia, at the time of the effective date of this Ordinance shall be and are hereby made applicable to this Ordinance. 7. The provisions of this Ordinance are severable, and should any part of this Ordinance be deemed by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. 8. In the event scrivener’s errors shall be discovered in this Ordinance after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be corrected in all multiple counterparts of this Ordinance. 9. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. A motion was made by Commissioner Wright, seconded by Commissioner Link, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 6:55 p.m. _______________________________ Clerk of Commission