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Auburn, AL Short-Term Rentals: Primary-Residence-Only Rule (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy requirement
Owner resides >180 days/year
Governing section
Zoning Ordinance § 511.04(d)
Licensing year
Jan 1 to Dec 31
Non-owner-occupied alternative
Short-Term Non-Primary Rental, §408.02.D.6
Noncompliance penalty
Permit revocation (§511.04(e))

Summary

A homestay in Auburn can only operate if the owner actually lives there most of the year. Section 511.04(d) of the Zoning Ordinance requires the owner to occupy the dwelling as a residence for more than 180 days during each licensing year the home occupation permit is valid.

Each home occupation for a homestay will be valid from January 1 (or such other date during a calendar on which such home occupation for a homestay is issued) through December 31 of the calendar year in which the home occupation for a homestay is issued. During this period of validity, the owner of the homestay must occupy the dwelling as his or her residence for more than 180 days.

Full Breakdown

04(d) builds a primary-residence test directly into the permit. Each home occupation for a homestay is valid from January 1 (or the date it is issued) through December 31 of that calendar year, and during that window, the owner must occupy the dwelling as his or her residence for more than 180 days, a majority of the year. 6, exists for units that are not anyone's residence, capped instead at 240 days of operation a year. 04(b)'s separate 90-day cap on operation when the owner is away, so a homestay owner has to balance both: live in the home more than 180 days and keep unhosted stretches under 90 days within the same calendar year.

C, requiring a deed or notarized authorization from the property owner, with the Director required to approve, deny, or request more information within three business days. 04(e) is grounds for the Planning Director to revoke the homestay permit outright.

Violations & Fines

Falling below the more-than-180-day residency requirement in Section 511.04(d) counts as noncompliance with the homestay regulations, and Section 511.04(e) lets the Planning Director revoke the permit for that failure alone, even without a neighbor complaint. A revoked owner cannot receive a new homestay permit for the remainder of that calendar year or all of the next. General zoning violations also carry the Section 909 penalty of up to a $500 fine and six months in jail.

Frequently Asked Questions

Does Auburn require a short-term rental host to live in the home?
For a homestay, yes. Section 511.04(d) requires the owner to occupy the dwelling as a residence for more than 180 days during the licensing year. A separate, non-owner-occupied category, the Short-Term Non-Primary Rental under Section 408.02.D.6, exists for units nobody lives in, capped at 240 days a year instead.
What counts as the homestay "licensing year" for the residency count?
It runs from January 1, or the date the home occupation for the homestay is issued, through December 31 of that same calendar year. The owner must occupy the dwelling as a residence for more than 180 days somewhere within that window, per Section 511.04(d).
What happens if I stop living in my Auburn homestay full time?
You risk revocation. Falling short of the more-than-180-day occupancy requirement in Section 511.04(d) is treated as noncompliance under Section 511.04(e), which lets the Planning Director revoke the permit and bars a new one for the rest of that year and all of the next.

Sources & Official References

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