Story by Donna Thornton donna@southerntorch.com

The City of Fort Payne Planning Commission, after long discussions about regulations for short term rental properties, has a plan to present to the Fort Payne City Council for consideration.

The commission met Tuesday (see the full meeting on the Southern Torch Facebook page) and voted to send a proposed plan to the council, which would have final approval on any regulations put in place.

City ordinance officer David Smith talked about some of the provisions for short term rental properties in R-1 zoned locations.

He said a grandfather clause had been taken out. Existing STR properties in operation before passing of the ordinance still will need inspection to get a conditional use approval from city. The property would have to:

Pass a fire inspection from the city fire marshal

Pass inspection from the city building inspector

Obtain proper licensing and registration

Provide proof of lodging taxes paid prior to the ordinance’s adoption

At that point, Smith said, the owner could get “conditional use” for the property by the zoning administrator.

Property owners in R1 zoned areas now operating short-term-rentals have until June 30, 2025 to get those inspections done to be allowed conditional use.

That conditional use would cover the property until it is sold or ownership is transferred.

If there is sale or transfer of property, it would revert to single-family dwelling, losing that conditional use as and STR. 

“What that does, it allows our office to make a decision whether someone has been in operation prior to the ordinance,” Smith said. “Then we could grant conditional use in R1 zoning.

“Anybody post that would have to come before the zoning board of adjustments with a conditional use, after all adjacent property owners having been notified to speak their concerns about whether someone is allowed to have an STR in the R1 zone,” he said.

The zoning board of adjustments would hear from any neighboring property owners with concerns, and make a decision.

There were questions and efforts to comment on the proposal.

A resident wanted to go over the proposal and give the commission her objections.

The commission declined to hear from her, saying they were at the point of voting on the motion when she asked to speak. She disputed that, saying she asked to speak before the motion to send the proposal to the city council was made.

But a commission member noted that she’s addressed the commission on the issue repeatedly, and come to speak to member about the issue.

She said she would take it up with the city council, when the council considers the measure.

Smith and others pointed out that the city currently has no protections for neighboring property owners regarding short term rental properties. It’s been pointed out in the past that there are no current protections for those who rent the properties, such as assurances of fire safety.

Fort Payne City Council President Walter Watson wanted those present at the meeting to understand the council’s role in the process.

The planning commission will present its proposal, and if the city council does not agree with it, the council can’t make changes; it will have to send the proposal back to the planning commission.