Short Term Rental Properties

Single-family and residentially zoned properties are allowed to be used for short term rentals. This includes the following zoning districts: AG (Agricultural) , R-1 (Single-family Residential), R-2 (Single-family Residential), R-3 (Single-family Residential) and R-4 (Single-family Residential).

The complete ordinance can be found at the end of this guidebook, or you can find it online on Fairburn’s website: www.fairburn.com.

Your first step will be to meet with the Planning and Zoning Office to obtain a short term rental affidavit for your property. The next step will be to set up a site inspection with the Building Official and Fire Marshall. Finally, you will apply for your STR permit and occupational tax license.

The number of people who can rent your home, or occupancy, will be set by the Building Official. The occupancy rate shall be limited to two (2) adults per bedroom plus an additional three (3) adults for the short term rental property. The occupancy rate only applies to short term rentals. The bedroom(s) shall be inspected by Building Official prior to issuance of the issuance of the short term rental permit.

Each owner of a short term rental is required to designate a Local Contact Person (must be age 25 or older) who has access and authority to assume management of the property. The Local Contact Person is the primary liaison between the city officials, including code and law enforcement, and will be required to provide their contact information. Local Contact Persons are required to respond to violation notifications 24 hours a day, 7 days a week, and within two (2) hour of being notified of a complaint.

No, owners may retain a managing agent, managing agency, operator or representative to serve as the Local Contact Person. However, the owner is ultimately responsible for compliance with all the requirements of the law governing short term rentals.

No problem. Notify the City of Fairburn Occupational Tax License Office in writing immediately upon a change in the contact information for the Local Contact Person.

No vehicles of any type shall be parked on the City right of way or along any roadways at any time. Vehicles shall be parked on designated hard surface areas including gravel, concrete and asphalt; no parking on the grass or dirt. Parking in enclosed garages is permitted. A breach of these parking requirements may result in a violation under the ordinance.

A notice from the STR owner must be mailed to the closest ten (10) surrounding property owners that are located on both sides, directly to the rear, and directly across the public right-of-way of the STR property to inform the property owners of the STR. This letter will include the name and contact information for the Local Contact Person and the 24 hour hotline that citizens can call to report a complaint. The hotline will document the complaint and contact the Local Contact Person to help resolve the concern. If the complaint is not resolved within two (2) hours of being notified the short term rental may be issued a violation.

Judicial penalties for violations cited by the City of Fairburn are outlined in detail in the STR Ordinance and include citations issued in any twelve month period: 1st violation = $250 fine; 2nd violation = $500 fine; 3rd violation = $1,000 fine and revocation of the business license for 24 months.

Residences found to be in non-compliance with the regulations will be issued a citation that is subject to a judicial penalty of $500 with the fine compounding daily for every day the property is marketed or rented after the citation.