Unified Government bars nonresident short‑term rentals on properties with shared driveways, removes HOA enforcement

The Unified Government Commission on Aug. 28 adopted an ordinance amending short‑term rental rules that prohibits non‑owner applicants from getting special‑use permits for properties that share driveways and removes homeowners association (HOA) declarations from the UG's enforcement criteria.

Commissioner Melissa Bynum moved to adopt the ordinance and the measure passed unanimously in a 9–0 roll call vote. The ordinance change was listed on the planning and zoning non‑consent agenda as item 8.2.0.1.

The ordinance makes two primary changes: it bars an applicant seeking a short‑term rental special‑use permit from properties that share driveways when the applicant does not reside on the property, and it removes language that would have allowed the Unified Government to deny short‑term rentals based solely on HOA declarations. "If you're applying for a special use permit, that means that you don't also live in the property that you're going to use as a short term rental," Deputy Chief Counsel Winnie Green told the commission, adding that the shared‑driveway restriction is intended to reduce the risk that renters could block neighbors' access and be difficult to reach.

Green also said the commission should not enforce private HOA declarations: "HOA declarations are not something that the UG should be enforcing. Those are private agreements between homeowners and different landowners. That's not a UG enforcement mechanism." Under the adopted change, HOA rules remain enforceable privately but will no longer be a ground for UG denial of a short‑term rental application.

Commissioners asked how HOA concerns would be considered. Green said homeowners would still receive the usual public‑notice radius for special‑use petitions, and HOA members could appear at the planning commission meeting to raise objections for the commission to consider.

Commissioner Christian Ramirez and Commissioner Melissa Bynum urged staff to return with a broader package of short‑term rental amendments that had been promised during the 2023 zoning code rewrite process. A letter read into the record from Gilbert Pinter on behalf of Rosedale neighborhood interests asked the UG to follow through on previously promised code clarifications and thanked commissioners for considering the shared‑driveway restriction.

Commissioners clarified application scenarios during debate: owner‑occupied short‑term rentals eligible for administrative review remain eligible even if driveways are shared; the prohibition applies to non‑owner applicants seeking special‑use permits for properties that share driveways with other, separate property owners. Deputy Chief Counsel Green confirmed that if a single owner holds both properties that share a driveway, the ordinance would not bar an application because the driveway would not be shared between different owners.

The commission voted 9–0 to adopt the ordinance; the clerk recorded the roll call.

The ordinance does not change civil or private remedies between neighbors; it changes only UG permitting and enforcement procedures. Staff said they will bring further STR amendments back to the planning commission and board for consideration as requested by commissioners.