Johns Creek

Dwelling definition

The zoning code defines a dwelling as any building or part of one designed for or used for residential purposes for periods of more than 30 consecutive days.[1] We found no mention of short-term or vacation rentals in the city code, so we read a stay under 30 days as outside that definition.[1]

Single-family districts

In the nine single-family districts, R-1 through R-5A, any use not specifically designated as permitted is prohibited.[2] From R-2A on, the code also allows uses granted by an administrative permit or use permit.[2] The R-1 permitted uses start with the single-family dwelling, and we found no lodging or rental use in Article VI.[2]

Bed and breakfast

A bed and breakfast inn is a residence where guest rooms are available for fewer than 30 consecutive days and breakfast is the only meal served.[1] It needs a use permit, and the use permit standards name the AG-1, R-6 and TR districts, while the definition names only AG-1 and TR.[1, 3] The bed and breakfast must be owner occupied.[3]

Longer stays

Stays of more than 30 consecutive days fit the dwelling definition.[1] A rooming house, which rents lodging to non-household members for 30 days or longer without meals, is a separate residential use.[1] The code defines a family as related people or up to four unrelated people living as a single housekeeping unit.[1]

Who decides

The Director of the Community Development Department interprets the zoning ordinance and enforces it, and appeals follow the Article XXII procedures.[7]

Owner on site

A bed and breakfast must be owner occupied.[3] A country inn also needs the owner or innkeepers to live on the premises.[1]

Guest rooms and meals

A bed and breakfast may have a minimum of 2 and a maximum of 5 guest rooms.[3] Breakfast is the only meal served and is included in the room charge, while a country inn serves lunch or dinner as well.[1]

Parking and access

No parking is allowed in the minimum front yard, and curb cut access can't be from a local street.[3] Parking requirements are the same as for a hotel or motel under Article 18.[3]

Signs and buffers

Identification or advertising signs are limited to 4 square feet in surface area and 4 feet in height.[3] Landscape and buffer areas follow Section 4.23 for the AG-1 Agricultural District.[3]

Hotel and motel

The code defines a hotel or motel as a building where lodging and customary services, such as meeting rooms, a restaurant, housekeeping or a fitness center, are offered to the public for compensation to guests staying an average of less than 30 days.[1]

City hotel tax

Johns Creek charges a 7% excise tax on the rent for every occupancy of a guestroom in a hotel in the city.[4] The code's definition of hotel includes rooming houses, lodging houses, inns, motels and cabins whose guestrooms are regularly furnished for value to the public.[4] Operators collect it, and it is due by the 20th day of the month after the occupancy.[4]

Sales tax

Georgia's October 2026 rate chart lists Fulton County outside Atlanta, Hapeville, College Park and East Point at 7.75%, and the state's 4% is included.[5] The city's charter says its incorporated area is a portion of Fulton County.[8] Anyone who rents a room or home to transients, including owners of private residences and their rental agents, counts as a retailer for sales tax.[9]

State hotel-motel fee

Georgia charges a $5 per night state hotel-motel fee for each night a room is rented.[10] The marketplace innkeeper, usually an online booking platform, collects and remits it, and a host who lists through one doesn't collect it.[10] The fee stops on the 31st day of continuous occupancy.[10]

Sales tax on long stays

Sales tax doesn't apply to accommodations supplied to one person for 90 continuous days or more.[9]

Zoning violations

Violating the zoning ordinance is a misdemeanor, and each day's continuance is a separate offense.[6] The owner and any tenants of a property where a violation exists are each guilty of a separate offense.[6] On conviction, the penalty is a fine of $1,000.00 or imprisonment for not more than 60 days, or both.[6]

Lien on the property

The Director of Community Development can have a violation corrected at public expense, and the cost becomes a lien on the property.[6]

General city penalty

For violations of the city code in general, a conviction brings a fine of up to $1,000.00, imprisonment for up to six months or both, unless another section says otherwise.[11] For continuing violations, each day counts as a separate offense.[11]

Who enforces

The Director of the Community Development Department must enforce the zoning ordinance, and every city officer and employee must report suspected violations.[7]