Short-term rentals in Dahlonega, explained properly.

Section 802(a)(I) says that before the annual license is issued, a code compliance verification form must be signed by the owner stating that the property complies with or exceeds current zoning, building, health and life safety code standards. Section 801(b) defines the form as a document certifying that the unit complies with applicable zoning, building, health and life safety code provisions together with occupation tax and hotel motel tax compliance.

Section 804 sets three standards for granting or denying a short-term rental application: (I) the applicant must prove ownership of the property and have obtained a City of Dahlonega occupation tax certificate; (II) the applicant must show compliance with the ordinance's requirements through inspection of books and records; and (III) the applicant must not have been convicted of violating any provision of the ordinance within 18 months before the date of the application.

Section 802(a)(II) requires off-street parking for every short-term rental: one space per room qualifying as a bedroom. A space must be a usable rectangular area at least 9 feet wide by 20 feet long, not counted twice. The number of vehicles allowed during a tenancy cannot exceed the number of parking spaces on the property, and a trailer, boat or recreational vehicle counts as one vehicle separate from the vehicle that tows or carries it.

Section 802(a)(III) says all trash must be disposed of properly. A property with a short-term rental license may use no more than three rolling trash cans of no more than 96 gallons each. Commercial or roll-off dumpsters on the property are prohibited. After scheduled pick-up, cans must be removed from the curb and street area and out of plain view.

Section 802(a)(IV) says the property boundaries of every parcel with a short-term rental license must be clearly demarcated and approved by the Community Development Department. Ask the Department what method of demarcation it accepts.

Section 802(a)(V) reads: bedrooms in short-term rentals shall be limited to no more than four occupants. The wording can be read as a limit of four occupants per bedroom or as a cap of four across the bedrooms, and the sources read do not settle which, so this rule is marked for review. Ask the Community Development Department how it applies the limit before advertising a capacity.

Section 802(a)(VI) requires at least one 10-pound ABC fire extinguisher on each level of the structure, clearly visible or marked with appropriate signage. Extinguishers must be certified annually by a licensed fire extinguisher company.

Section 802(a)(VII) requires a smoke detector in each bedroom and on each level of the structure, and all smoke detectors must be interconnected. Carbon monoxide detectors must be installed on each level and placed 5 feet off the ground.

Section 805(c) says using property in violation of the chapter is a violation punishable as an offense in the Dahlonega Municipal Court with a minimum fine of $250.00 per offense. Under 805(a), when an owner has accumulated three code violations for a property within 12 consecutive months, the City revokes any pending certificates and rejects all applications for that property for 12 consecutive months. Under 805(b), an owner cited and found in violation of a zoning, building, health or life safety code provision must show compliance with that code before being eligible for a certificate. The City may also use any other legal remedy, including nuisance abatement (805(f)).

Section 805(d) lets a person aggrieved by a decision to revoke, suspend or deny a license appeal to the City Manager. The written appeal must be filed within 30 calendar days after the adverse action and state the reasons concisely. A timely appeal stays the revocation, suspension or denial until decided. Under 805(e) the City Manager or designee considers the appeal within 30 days of receiving it unless the City and the appellant agree otherwise in writing; the parties may be represented by counsel, present testimony and evidence, and cross-examine witnesses. The City Manager's determination is the final ruling on the application.

Georgia charges sales tax on accommodations. The state rate is 4%, and each county adds its own local sales taxes; the Georgia Department of Revenue publishes the combined rate for every county in a quarterly rate chart.

Georgia charges a $5.00 State Hotel-Motel Fee for each night an accommodation is rented, including short-term rentals. It is a flat amount per night, not a percentage of the rent, and is collected from the guest.

The $5 state fee does not apply once a stay becomes an extended stay: from the 31st day of uninterrupted occupancy by the same guest, the fee is no longer collected. If the guest checks out and checks back in, the count starts again.

If you list your home with an online booking platform that handles payment (a "marketplace innkeeper"), the platform must collect and remit the state hotel-motel fee for each night of those stays. For stays you book yourself, you collect and remit the fee.

Owners who collect the state hotel-motel fee must register on the Georgia Tax Center for a sales tax number and a state hotel-motel fee number, and file the fee return electronically by the 20th of the following month. A return is due every month, even when no rooms were rented and even if sales tax is filed quarterly or yearly.