New Orleans Comprehensive Zoning Ordinance

Printed: 3/29/2024 6:32:26 AM

20.3.LLL Short Term Rentals

Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16

20.3.LLL.1 Short Term Rentals General Standards   

a.         In addition to the use standards below, all short term rentals shall comply with the regulations of the Department of Safety and Permits and the Department of Finance, Bureau of Revenue.

b.         All short term rentals shall require a permit.  The permit shall be prominently displayed on the front facade of the property at a reasonable height in a location clearly visible from the street and accessible from the public right-of-way during all period of occupancy and contain the permit number, the contact information for the owner or operator, the permit type (Non-Commercial or Commercial) and the bedroom and occupancy limit.

c.         Short term rentals shall not be operated outdoors, in an accessory structure, or in a recreational vehicle.

d.         Only one party of guests shall be permitted per short term rental unit.

e.         Both Commercial and Non-Commercial short term rentals shall be considered dwelling units for density purposes and subject to the minimum lot area per dwelling unit requirement of the applicable zoning district.

f.          A short term rental permit shall be secured prior to operation; and short term rental operators shall comply with all applicable permit requirements provided in the Code of the City of New Orleans.

h.         The rental of kitchens, dining rooms, living rooms, offices, and other common spaces may be used as part of the short term rental but shall not be rented as guest bedrooms. Only legally permitted bedrooms shall be used for the purposes of calculating the maximum number of guests. Studio apartments and dwelling units shall be considered to have one (1) guest bedroom and allowed a maximum of two (2) guests.

i.          Notwithstanding anything else herein to the contrary, no Short Term Rental or Bed and Breakfast shall be permitted within the boundaries of the Garden District, which for purposes of this subsection shall be defined as follows: the center line of St. Charles Avenue, downriver side of Jackson Avenue, center line of Magazine Street, and downriver side of Louisiana Avenue.  This provision shall not be waived.

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 28,156, §14, August 8, 2019, Zoning Dockets 26/19 & 27/19; Ord. 29126, 8-12-22, ZD016/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23

20.3.LLL.2 Short Term Rental, Commercial Standards   

a.         The permit shall be prominently displayed on the front facade of the property in a location clearly visible from the street or on the exterior of the front door of the dwelling unit being rented for multi-family dwellings, during all periods of occupancy and contain the permit number, the contact information for the permitted operator, the permit type (Commercial) and the unit, guest bedroom and occupancy limit.

b.         Up to five (5) guest bedrooms may be rented to guests in each unit and occupancy shall be limited to two (2) guests per guest bedroom with a maximum ten (10) guests.

c.         Commercial Short Term Rentals shall be prohibited on the first floor of a multi-story structure that contains or can contain residential uses on subsequent floors, but (1) does not apply to buildings that are single- or two-family dwellings; (2) does not apply to single-story structures; (3) does not apply to the CBD Central Business Districts, except when the structure is a new construction or a substantial improvement, EC Education Campus, MC Medical Campus, LS Life Science, and M-MU Maritime Mixed Use Districts, nor the MI Maritime Industrial Commercial and Recreational Subdistrict.

d.         A Commercial Short Term Rental shall submit the following impact management plans, to be reviewed by the Director of Safety and Permits, and all other relevant City agencies:

i.          Noise abatement plan;

ii.         A security and operation plan; and

iii.        A sanitation plan.

e.         No more than one (1) unit or twenty-five (25) percent of total units on a lot or a single building constructed across lot lines, whichever is greater, shall be permitted as a Commercial Short Term Rental.  In the CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District, the Commercial Short Term Rental shall only be authorized when the total number of housing units is at least ten (10) and triggers the Mandatory Inclusionary Zoning regulations of Article 28.  This cap shall not apply to the VCE Vieux Carré Entertainment District, to structures which front on Canal Street between the Mississippi River and Rampart Street, the EC Educational Campus District, MC Medical Campus District, LS Life Science District, or the MI Maritime Industrial District Commercial and Recreational Subdistrict.

f.          Any structure that contains 10 or more dwelling units that are used as short term rentals shall have a designated and permitted Operator as required by the Code of the City of New Orleans.

Adopted by Ord. Zoning Docket 61/16; Ord. No. 28,156, §14, August 8, 2019, Zoning Dockets 26/19 & 27/19No. 27,209, §1, Dec. 7, 2016; Ord 29284 MCS, 1-5-23, ZD 63/22