Real Estate Agent · Dawsonville, GA · Member since 2017 · 206 posts · 144 votes
Hello All - I'm in a pickle.
Have any of you worked a primary residence construction with the intent of also having a short term rental on the premises?
Here's what I'm running into.
Land is zoned Residential Agricultural.
County allows for a detached 'guest quarters', but it's defined as **not to be used for any sort of income**
However, they don't fact check that or anything, it's written in there, but it's not in their wheelhouse to verify how you use that going forward.
Then you go to the Short Term Rental permitting side, they basically say "you need to just rent a room out in your house" - what? Even though, there isn't anything in their ordinance that prohibits renting out another structure on the property with the propert elements.
So here I am trying to get clarification so we can move forward on architectural drawings and I really can't get a straight answer from these guys.
People do long term rentals ALL the time in basement garages and mother in law suites, etc, but apparently that's not really legal..?
Anyone have experience navigating these murky waters?
So if they have it defined as **not to be used for any sort of income** I'm not doing it unless I have another primary use for this attachment. To me its not worth the risk of you building it, start doing it just because "they don't fact check", and then a neighbor finds out and doesn't like it and then goes to the county and the next thing you know you are in some kind of legal battle.
Unless you get a variance from the county/city whatever stating you can do this, I wouldn't do it with the current language as described.
So if they have it defined as **not to be used for any sort of income** I'm not doing it unless I have another primary use for this attachment. To me its not worth the risk of you building it, start doing it just because "they don't fact check", and then a neighbor finds out and doesn't like it and then goes to the county and the next thing you know you are in some kind of legal battle.
Unless you get a variance from the county/city whatever stating you can do this, I wouldn't do it with the current language as described.
Holly, I’ve had the best luck by calling the zoning folks (it may take a bit to get to the right person) and ask them what you can legally do, or how there would be a way to accomplish what you’d like to do, such as trying to find a piece of land with different zoning. Often, after the person realizes you’re polite, honest, and inquisitive they open up a bit and can become quite helpful. For example, after a gruff intro with a gentlemen in the township I want to invest he gave me some valuable insight into the area regarding conditional use permits being revoked by someone violating the terms of the permit. That’s the exact kind of info I need to know to avoid investing in that area!
I'm a realtor and have been very involved in the recent STR ordinance governmental meetings here as of late, so I've been having these conversations w/the various county folk - I must say it's been eye opening watching how these rules are created with a)not a clear understanding of what they are actually passing and the overall impacts; b)lack of due diligence in research; c)no means of enforcement. I like to follow rules, but I'm starting to see why so many just don't poke the bear in some cases, truthfully these officials themselves don't really want/need to know EVERYTHING.
That said, after informing the STR ordinance enforcer of what the zoning/permit rep told me, which is basically despite the language they have no way of tracking that nor do they really care, she only cares about setbacks, etc. not usage, the STR ordinance enforcer told me that they would give us a permit to use one of my options as an STR.
HOORAY!!! Navigating local ordinances are not for the faint of heart!
@Holly Barrett the solution, although probably unpopular opinion, is that you can live in the guest quarters and STR the full house? Depends on what your goals are and what you'd be willing to sacrifice.
Currently I'm building a 4/3 new build in Cape Coral. Total all in cost is about $265k and I financed It at around 3.6% with 10% down. Rents right now are at about $2300 LT and climbing but I may switch to STR. Not sure yet. Currently post construction appraisals are coming back at $340k-$410k depending on location of the property. If I play my cards right I will be able to do a cash out refi, still cash flow decently and take all my equity out to do it again. I'd be happy to connect to share experiences. Good luck!
In my town the ADU's can't even have a toiled. 1 sink. it's not a live in building, more like a shed. Read the fine print and as others have said talk to the zoning folk, a conditional use permit may work, re-zoning is likely a NO/expensive.
Just to update everyone, we were able to get approval to do an STR in a "Guest Suite" that is under the same roof, but actually separated from the rest of the home by a breeseway, open area - and I have that thumbs up in writing via email :)