New Orleans Comprehensive Zoning Ordinance

Printed: 3/28/2024 1:57:33 PM

21.8 Temporary Uses

This section regulates temporary uses conducted on private property. Temporary uses that occur on public right-of-way are subject to the applicable regulations of the City Code. 

21.8.A Temporary Use Permit Application   

1. Any person, firm, or corporation desiring to obtain a temporary use permit, as required by this Ordinance, shall file an application on a form provided by the City with the Director of the Department of Safety and Permits, who may issue the temporary use permit. Unless specifically exempted by this section, all temporary uses require a temporary use permit.

2. The Director of the Department of Safety and Permits reviews and approves temporary use permits. The Director shall determine that the proposed use complies with the requirements of this section and this Ordinance. Unless permitted by this section, every temporary use or structure shall comply with the bulk requirements of the zoning district in which it is located.

3. Every temporary use shall comply with this Ordinance and all local regulations. The Director of the Department of Safety and Permits may impose additional conditions as part of the temporary use permit approval to achieve the purposes of this Ordinance and to protect the public health, safety and welfare. No temporary use is permitted in any district if it would have a significant negative impact on any adjacent property or on the area as a whole.

4.  In addition, the Director of the Department of Safety and Permits may require an occupational license for a temporary use.

21.8.B General Provisions   

Every temporary use shall comply with all the requirements listed below.

1.  A temporary use that causes, or threatens to cause, an on-site or off-site threat to the public health, safety, and welfare is prohibited.

2.  Every temporary use shall be operated in accordance with such restrictions and conditions as the Fire Department may require. If required by the City, the operator of the temporary use shall employ appropriate security personnel.

3.  No temporary use is permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses. No temporary use may block handicapped or fire lanes.

4. No temporary use is permitted that would unreasonably reduce the amount of parking spaces available for use in connection with the permanent use or uses located on the lot in question. The Director of Department of Safety and Permits may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The Director of Department of Safety and Permits will approve the temporary use only if such parking spaces are provided.

5.  No temporary use is permitted if it conflicts with another previously authorized temporary use for the same timeframe. 

21.8.C Permitted Temporary Uses   

Table 21-3: Permitted Temporary Uses
Table 21-3: Permitted Temporary Uses
 PERMITTED TEMPORARY USE DISTRICT TIMEFRAME HOURS OF OPERATIONS TEMPORARY USE STANDARDS
Carnival/Circus Non- Residential     Section 21.8.C.1
Contractor Trailers, Construction Refuse Containers, and Real Estate Model Units (Temporary) Permitted in any Zoning District when used in conjunction with construction operations on the same site where building permit is valid     Section 21.8.C.9
Farmers Markets (Temporary) Any Zoning District Maximum of one (1) event per week per premise 7:00 a.m. to 8:00 p.m. Section 21.8.C.3
Food Pop Up Vendor Establishments as listed in Section 21.8.C.17 serving food and/or beverages for consumption on-premises. Days subject to any regulatory limitations of the Food Pop Up Vendor Host's days of operation. Hours subject to any regulatory limitations of the Food Pop Up Vendor Host's hours of operation. Section 21.8.C.17
Garage/ Yard Sales Any Zoning District Maximum of three (3) consecutive days, with no more than three (3) consecutive sales events in any twelve (12) month period.   Section 21.8.C.5
Holiday Sales Lots (Temporary) Any Zoning District Maximum of forty five (45) days   Section 21.8.C.2
Mobile Food Trucks Non- Residential   Sunday through Thursday:  6:00 a.m. to 10:00 p.m.; Friday and Saturday: 6:00 a.m. to 12:00 a.m. Section 21.8.C.4
Outdoor Entertainment Events (Temporary) Outdoor Space – Public or Private property

Temporary outdoor entertainment are allowed under the following conditions: (a) when there is no conditional use, temporary outdoor entertainment events are limited to a maximum of three (3) consecutive days per special event with a maximum of eight (8) special events per calendar year or (b) when there is a conditional use on a property permitting outdoor live entertainment on an annual basis, in which case, that property may add three (3) consecutive days to an

existing weekly use for a special event with a maximum of three (3) special events per year.
  Section 21.8.C.7
Parking Lots (Temporary)   Duration of the event, and an additional two (2) days before and two (2) days after the special event   Section 21.8.C.10
Any Zoning District where special events are permitted
Parklets

No parklets are permitted in the Vieux Carré, defined to be bounded by and include the downtown side of Canal Street, the river side of North Rampart Street, the uptown side of Esplanade Avenue, and the Mississippi River.  Outside of the Vieux Carré, the following zoning restrictions apply.

 

No Parklets are permitted on Magazine Street from its intersection with Washington Avenue (uptown side) to its intersection with Louisiana Avenue (downtown side).

 

For a restaurant, parklets are restricted to locations where: (1) any type of restaurant is a permitted use, under applicable zoning; and (2) both sides of the street from corner to corner are within non-residential zoning districts.

 

For a bar, parklets are restricted to locations where: (1) a bar is a permitted use under applicable zoning, or a conditional use is in place for use as a bar; and (2) both sides of the street from corner to corner are within non-residential zoning districts.

 

Parklets are permitted uses accessory to only the following types of establishments that sell food and/or beverages for consumption on premises: any type of restaurant, and a bar. 

Valid one (1) year; may be renewed annually.

Pursuant to Section 146-597 of City Code, seating within the Parklet shall not begin before 8:00 a.m., and food and/or beverage service shall not be provided within the Parklet after 10:00 p.m.

 

The Parklet permittee shall not use the

Parklet for business purposes outside of these hours.

 

Tables, chairs, and other components of the Parklet shall be neatly stacked and organized at the end of each business day, no later than 10:30 p.m.

Section 21.8.C.16
Public Markets (Temporary) Any Zoning District Maximum of one (1) event per week per premise 7:00 a.m to 8:00 p.m. Section 21.8.C.6
Reviewing Stands (Temporary) Private property within any Zoning District along Parade Routes Carnival Season   Section 21.8.C.11
Short Term Rental, Non-Commercial Non-Commercial Short Term Rental Permits are permitted in the following districts: R-RE, M-MU, HMR-1, HMR-2, HMR-3, VCE, HMC-1, HMC-2, HM-MU, HU-RS, HU-RD1, HU-RD2, HU-RM1, HU-RM2, HU-B1A, HU-B1, HU-MU, S-RS, S-RD, S-RM1, S-RM2, S-LRS1, S-LB1, S-LB2, S-LC, S-MU, MU-1, MU-2, EC, CBD-1, CBD-2, CBD-3, CBD-5, CBD-6 Valid one (1) year; may be renewed annually.   Section 21.8.C.18 and Section 20.3.LLL
Sidewalk Uses (sidewalk cafes, A-frame signs, sidewalk displays) Any Zoning District where the following uses are permitted: Sidewalk signage and displays - all permitted commercial uses.  Sidewalk cafes - restaurants (all types), bars, and retail goods establishments that serve food Valid one (1) year; may be renewed annually

Sidewalk signage and displays: during business hours

Sidewalk cafes: no earlier than 8:00 a.m. and no later than 10:00 p.m., or 12:00 a.m. if located in a CBD District

Section 21.8.C.15
Sno-Ball Stand Any Zoning District where restaurants are permitted April 1st to October 31st   Section 21.8.C.8
Storage Containers (Temporary) Any Zoning District Residential: Maximum of fourteen (14) days; Non- Residential: Maximum of seventy-two (72) hours   Section 21.8.C.12
Telecommunications Cell on Wheels(COW) (Temporary) Any Zoning District Declaration of Emergency: Maximum of ninety (90) days; Community Event: Maximum of  ninety (90) days   Section 21.8.C.13

 

Adopted by Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. 27,599 MCS, §2, November 21, 2017, Zoning Docket 071-17; Technical Correction #8 and #9, 12-17-18;Ord. No. 28,156, §15, August 8, 2019, Zoning Dockets 26/19 & 27/19; Ord. 29118, 8-4-22, ZD 21/22; Ord 29157 MCS, 9-12-22, ZD030/22; Ord 29243 MCS, 11-10-22, ZD052/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23

21.8.C.1 Carnival/Circus   

Carnivals/circuses are permitted in any non-residential zoning district, and shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. These uses are not required to comply with the district yard and height requirements of this Ordinance. The concessionaire responsible for the operation of any such use shall:

a.  Submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles with no dead-end aisles.

b.  Comply with all local regulations.

c.  Provide refuse containers in the number and locations required by the City. All containers shall be properly serviced.

d.  Provide for thorough clean-up of the site at the completion of the event.

e.  Provide proof that all amusement devices have been inspected by the proper authority.

f.  Upon written notice from the City, immediately stop the use of any amusement device or structure found by the City to pose a threat to the public safety. 

21.8.C.2 Holiday Sales Lots (Temporary)   

Holiday sales lots, such as Christmas tree sales and pumpkin sales patches, are permitted as part of a non-residential use in any zoning district and shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. These uses are limited to a forty-five (45) day timeframe. 

21.8.C.3 Farmers Markets (Temporary)   

a.  The sale of food for consumption on or off the premises will require licensing by the City and approval by the Department of Health.

b. The sale of firearms, adult retail goods, and sexually-oriented devices are prohibited

c. The retail sale of packaged alcoholic beverages is only allowed where such use is allowed as a permitted use in the zoning district in which the farmers market is located.

d. Hours of operation are limited to 7:00 a.m. to 8:00 p.m., with farmers market hours of operation open to the public not to exceed five (5) total hours, not including time for set-up and take down.

e. An established litter abatement program is required for approval and permitting.

1. Size restrictions must be consistent with the retail sales size restrictions in the base zoning district, if applicable.

2. Farmers market facilities cannot protrude onto the public right of way.

3. Farmers markets are limited to one (1) event per premises per week.

21.8.C.4 Mobile Food Truck   

These standards regulate mobile food trucks located on private property. The following standards apply:

a.  Mobile food trucks are permitted in any non-residential zoning district.

b.  If the mobile food truck operator is not the owner of the site where the truck or trailer will be located, written permission from the property owner shall be submitted as part of the temporary use permit application.

c.  All mobile food trucks shall be registered in the State of Louisiana. Any drive of a mobile food truck shall possess a valid Louisiana Driver’s License. 

d.  All mobile food vendors shall comply with all other applicable conditions and requirements imposed under the law, and shall comply with all applicable City and State health laws and regulations. All sales tax returns and other reports required by the City Code shall be provided to the appropriate City departments as required.

e.  No mobile food vendor shall sell goods, wares, or other items of merchandise other than victuals. 

f.  Sale of alcoholic beverages is prohibited.

g.  The hours of operation for a mobile food truck shall be between the hours of 6:00 a.m. and 8:00 p.m., unless a later closing hour is approved as part of the temporary use permit.

h.  During business hours, the permit holder shall provide a trash receptacle on-site for customer use and shall keep the area clear of litter and debris at all times. The trash receptacle shall be large enough to contain all refuse generated. Mobile food vendors are responsible for all cleaning all refuse and debris on-site and within a fifty (50) feet radius.

i.  No mobile food vendor shall operate any horn, sound amplification system, or other sound-producing device or music system that can be heard outside the mobile food truck when such food truck is being operated on-site.

j.  Outdoor seating may be provided on-site, but no seating may be permanently installed and shall be removed when food is not served and when the mobile food truck is not on-site.

k.  A permanent water or wastewater connection is prohibited. Electrical service may be provided only by temporary service or other connection provided by an electric utility, or an on-board generator. Discharge into the Municipal Separate Storm Sewer System (MS4) is prohibited.

l.  Drive-through service is prohibited.

m.  A mobile food truck is limited to signs attached to the exterior of the truck or trailer that shall be mounted flat against the truck or trailer with a maximum projection of six (6) inches, and one (1) A-frame sign. Signs may only identify the name of the product, product process, and/or name of the vendor.

n.  A mobile food truck located within an accessory off-street parking lot that operates during the same hours as the principal use may only occupy up to a maximum of ten percent (10%) of the parking spaces of such lot, including the vehicle, seating areas, and trash receptacles.

o.  In non-residential zoning districts, if the principal use is closed, or the parking spaces in the lot are non-accessory and not providing required parking spaces for another use, mobile food trucks may operate five (5) days per week, requiring four (4) spaces per truck, in compliance with the standards of Section 21.8, Temporary Uses, 21.8.C.4 and their temporary use permit. If occupying a vacant lot, one thousand (1,000) square feet per truck is required.

21.8.C.5 Garage/Yard Sales   

Garage/yard sales are allowed in any zoning district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. These uses are limited to a period not to exceed three (3) consecutive days and no more than three (3) sales from the same residence in any twelve (12) month period. 

21.8.C.6 Public Markets (Temporary)   

a. Hours of operation are limited to 7:00 a.m. to 8:00 p.m., unless otherwise extended by the provisions of an overlay zoning district.

b. All size restrictions shall be consistent with the retail sales size restrictions in the zoning district, if applicable.

c. No portion of a public market may encroach onto the public right-of-way or be placed in such a way that requires customers to occupy the sidewalk or the public right-of-way.

d. The sale of food for consumption on or off the premises requires licensing by the City and approval by the Department of Health.

e. The sale of firearms, adult retail goods, and sexually-oriented devices is prohibited.

f. The retail sale of packaged alcoholic beverages is only allowed where such use is allowed as a permitted use in the zoning district in which the public market is located, or when approved through the conditional use process where such use is a conditional use in the zoning district where the public market is located.

g. Public markets are limited to one (1) event per premises per week.

21.8.C.7 Temporary Outdoor Entertainment Events   

A temporary live entertainment event, such as the performance of musical act, theatrical play or act, including stand-up comedy, magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers, or digital music players when the disc jockey is in verbal communication with the clientele of the establishment within outdoor space may be allowed on public or private property. The following standards apply to this temporary use. This does not include temporary reviewing stands, which are regulated separately.

a.         A management plan is required for review by the Director of Safety & Permits as part of the temporary use permit application that demonstrates the following:

i.          The on-site presence of a manager during the event.

ii.         General layout of performance areas, visitor facilities, such as seating areas and restrooms, and all ingress and egress points to the site.

iii.        Provision for recycling and waste removal.

iv.        The days and hours of operation, including set-up and take-down times.

v.         A description of crowd control and security measures.

b.         Temporary outdoor entertainment are allowed under the following conditions: (a) when there is no conditional use, temporary outdoor entertainment events are limited to a maximum of three (3) consecutive days per special event with a maximum of eight (8) special events per calendar year or (b) when there is a conditional use on a property permitting outdoor live ente1iainment on an annual basis, in which case, that property may add three (3) consecutive days to an existing weekly use for a special event with a maximum of three (3) special events per year.

c.         Establishments using the Temporary Outdoor Entertainment Events use permission shall not be authorized to also use the Indoor or Outdoor Live Entertainment Accessory Temporary Use permissions within the same calendar week as an Indoor or Outdoor Live Entertainment Accessory Use.

Adopted by Ord 29157 MCS, 9-12-22, ZD030/22

21.8.C.8 Sno-Ball Stand   

Sno-ball stands are permitted in any district where any restaurant use is permitted. Permanent seating is prohibited. Sno-ball stands are limited to a maximum floor area of three-hundred (300) square feet. Sno-ball stands may be operated on a seasonal basis between April 1st and October 31st.

21.8.C.9 Temporary Contractor Trailers, Construction Refuse Containers, and Real Estate Model Units   

a.  Temporary contractor trailers used in conjunction with construction operations are permitted when temporary facilities are located on the same site as the development and the building permit is valid. However, temporary facilities may be located on an adjoining site provided the zoning classification of the adjoining site is the same as or less restrictive than the zoning classification of the site being developed. Temporary facilities shall be removed upon completion or abandonment of such construction or two (2) years from the date of the temporary facilities were erected, whichever comes first.

b.  Construction refuse containers used in conjunction with construction operations are permitted when the containers are located on the same site as the development and while the building permit is valid. Construction refuse containers shall be removed upon completion or abandonment of such construction. Construction refuse containers shall be located entirely on private property and may not block any means of access to the site. Construction refuse containers located on the public right-of-way are subject to the regulations of the City Code.

c.  Real estate model units, including temporary real estate offices, for the sale of improved or unimproved lots in a residential subdivision are permitted for two (2) years from the date they were erected. However, temporary offices may continue beyond the two (2) year limitation until such time as the developer owns ten (10) lots or less in the subdivision, provided that a certificate of occupancy is obtained each year, and the developer attests to ownership of more than ten (10) lots at the time the application is filed. The certificate is valid for one (1) year from the date of issuance, even if the number of lots owned by the developer is reduced to ten (10) or less lots during that time period. 

21.8.C.10 Temporary Parking Lots   

Temporary parking lots are permitted in any district for special events, and, in addition to operation during the special event, may only be operated two (2) days before and two (2) days after the special event. Temporary parking lots shall be evaluated on the basis of the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties. A site layout displaying adequate ingress and egress routes for all vehicles shall be submitted in advance of the event. No dead-end aisles are permitted. Temporary parking lots do not need to be paved.

21.8.C.11 Temporary Reviewing Stands   

Temporary reviewing stands located on private property are permitted with a temporary use permit subject to the following standards. Temporary reviewing stands located in the public right-of-way are subject to the standards of the City Code.

a.  Temporary reviewing standards are permitted only during the carnival parade season and shall be located on the carnival’s parade route.

b.  No more than one (1) reviewing stand is permitted per lot and shall be located entirely on the lot.

c.  Temporary reviewing stands shall not interfere with passage within the public right-of-way. 

21.8.C.12 Temporary Storage Containers   

a. Temporary storage containers are permitted in any zoning district when used for loading or unloading. Containers are permitted on site for a period not to exceed fourteen (14) days for residential uses and seventy-two (72) hours for non-residential uses, or as there is an active building permit. No temporary use permit is required.

b. Temporary storage containers used for permanent storage are prohibited. Containers may not be permanently attached to the ground, serviced with permanent utilities or stacked on the site. The use of shipping containers as a temporary storage container is prohibited.

21.8.C.13 Temporary Telecommunications Cell on Wheels (COW)   

a.  A temporary telecommunications cell on wheels (COW) may be placed in any zoning district for a maximum of ninety (90) days following a declaration of emergency by the city or state. This ninety (90) day time limitation may be extended by the City Council. A temporary use permit is not required.

b.  A temporary telecommunications cell on wheels (COW) may be placed in any zoning district for a maximum of ninety (90) days to serve an event, such as, but not limited to, Mardi Gras, French Quarter Festival, Super Bowl, Final Four, Sugar Bowl and the New Orleans Jazz and Heritage Festival. A temporary use permit is required. 

21.8.C.15 Sidewalk Use   

Temporary sidewalk uses, where permitted, including A-frame signs, sidewalk cafes, and sidewalk displays are subject to the following standards:

a. Sidewalk uses shall not be permitted without approval of a Sidewalk Use Permit by the Department of Safety and Permits.

b. Sidewalk uses shall comply with the regulations as set forth in Chapter 146, Article VI of the City Code.

c. Sidewalk uses are limited to those areas where there is sufficient width to accommodate a clear path of travel in accordance with Section 145-536 of the City Code.  The permittee shall keep the path of travel free of obstructions at all times. 

d. A-frame signs are permitted as accessory to a permitted commercial use, and are subject to the standards of Section 24.9.B.6.

e. Sidewalk displays are permitted as accessory to a permitted commercial use, and are subject to the following standards:

i. Displays are restricted to the area immediately adjacent to the business being served and may not project in front of a neighboring business or vacant lot.

ii. Displays shall not block any entrance or exit to a property.

iii. Displays are limited to the hours of operation of the business to which it belongs.  

f. Sidewalk cafés are permitted as accessory to licensed restaurants (all types), bars, retail goods establishments that sell food products, and other similar businesses that sell food and beverages for consumption on premises, and are subject to the following standards.  Sidewalk cafes are prohibited for legal non-conforming bars in residential zoning districts, except for those in a RDO Residential Diversity Overlay District.

Adopted by Ord. 27,599 MCS, §2, November 21, 2017, Zoning Docket 071-17; Ord. 29126, 8-12-22, ZD016/22

21.8.C.16 Temporary Parklets Use Standards   

1. The Parklet permitting program is to be administered by the Department of Safety and Permits.

2. Parklet designs are subject to the administrative design review of the Executive Director of the City Planning Commission (CPC), including review by the Design Advisory Committee (DAC). Design review submission to include 1) an existing condition plan with photographs; 2) a conceptual design plan with a written description of the design intent and precedent images as well as a proposed circulation diagram that balances needs of all users traveling in the public right-of-way; 3) a site plan; and 4) a materials sheet and colored elevations or renderings.

3. Parklet structures in conformance with a City-approved standardized parklet design that the City may promulgate shall be considered in design compliance and exempt from CPC design review.

4. CPC’s Design Review process shall include that when a property is located within the Vieux Carré Historic District or within the Historic Districts Landmark Commission’s Historic Districts, the staff of the applicable Commission is consulted.

5. General design guidelines.

i.          Enhance the visual and aesthetic quality of the urban environment. Design shall be inclusive and safe. Bicycle parking and use of native landscape materials is encouraged.

ii.         Ensure compatibility with the preservation of the overall urban fabric, streetscape design character, scale, and pedestrian-friendliness of non- residential and mixed-use corridors and streetscapes.

iii.        Ensure compatibility with the City’s Complete Streets program that balances the needs of all users traveling in the public right-of-way, including people walking, bicycling, driving, and using transit.

6. An establishment may only operate either a sidewalk café or parklet, not both.

7. Locations shall only be eligible for a Parklet upon approval of the Director of the Department of Public Works, who shall consider whether a Parklet would impose an unreasonable impact on traffic congestion, nearby business activity, available on-street parking, and public safety.

8. Parklets are limited to the hours of operation in Table 21-3, pursuant to City Code Section 146-597.  The Parklet permittee shall not use the Parklet for business purposes outside of these hours.

9. Parklet permit information shall be posted in accordance with Section 146-595 of the City Code.

10. Advertising signage in the parklet is prohibited.

11. Parklets are permitted uses accessory to only the following types of establishments that sell food and/or beverages for consumption on premises: any type of restaurant, and a bar. 

i.          For a restaurant, parklets are restricted to locations where: (1) any type of restaurant is a permitted use, under applicable zoning; (2) both sides of the street from corner to corner are within non-residential zoning districts; and (3) the street’s speed limit is 30 miles per hour or less. 

ii.         For a bar, parklets are restricted to locations where: (1) a bar is a permitted use under applicable zoning, or a conditional use is in place for use as a bar; (2) both sides of the street from corner to corner are within non-residential zoning districts; and (3) the street’s speed limit is 30 miles per hour or less.

12. Parklets shall not take away a required parking space for the associated business.

13. Parklets shall comply with the regulations as set forth in Chapter 146, Article VI of the City Code.

14. Only one (1) parklet is permitted per block face.  This restriction shall apply citywide.

15. Notwithstanding any provisions to the contrary, no parklet shall be permitted within the boundaries of the Vieux Carré, which for the purposes of this subsection shall be bounded by and include the downtown side of Canal Street, the river side of North Rampart Street, the uptown side of Esplanade Avenue, and the Mississippi River. 

16. No Parklets are permitted on Magazine Street from its intersection with Washington Avenue (uptown side) to its intersection with Louisiana Avenue (downtown side).

17. For any parklet with commenced operation under the Pilot Parklet Program and remained in operation as of August 12, 2022, and which not not comply with Article 21, Sections 21.8.c.16(11)(i)(2), 21.8.c.16(11)(ii)(2) and/or 21.8.C.16(15), but does comply with all other parklet requirements in this section, then the parklet shall be allowed in operation until March 1, 2024.

Adopted by Ord. 29118, 8-4-22, ZD 21/22; Ord. 29801, 2-1-24, ZD 80/23

21.8.C.17 Food Pop Up Vendor   

a. A Food Pop Up Vendor shall operate in a Food Pop Up Vendor Host. A Food Pop Up Vendor Host may be a licensed restaurant, bar, brewery, micro-brewery, distillery, micro-distillery or winery with or without a kitchen.  If the Food Pop Up Vendor Host does not have a licensed commercial kitchen, the Food Pop Up Vendor shall prepare all food at another kitchen that has been permitted and inspected by the Department of Safety and Permits and licensed by the Louisiana Department of Health.

b. Sale of alcoholic beverages by the vendor is prohibited. A Food Pop Up Vendor Host may sell alcoholic beverages during the food pop if the host has the proper alcoholic beverage licenses.

c. Food Pop Up Vendors shall comply with all other applicable conditions and requirements imposed under City Code, and State health laws and regulations. All sales tax returns and other reports required by the City Code shall be provided to the appropriate City departments as required.

d. Except for incidental promotional items, Food Pop Up Vendors shall not sell goods or wares, or other items of merchandise other than food and beverages.

e. Food Pop Up Vendors may conduct administrative tasks as home occupations.

f. Food Pop Up Vendors shall prepare all food in a licensed commercial kitchen.

g. Food Pop Up Vendors are subject to the same operating standards as the Food Pop Up Vendor Host.

h. A Food Pop Up Vendor shall submit a shared kitchen agreement with the Food Pop Up Vendor Host to the Department of Safety and Permits.

i. A Food Pop Up Vendor shall not sell to costumers from the public right-of-way, unless otherwise permitted.

Adopted by Ord. 29243, 11-10-22, ZD052/22

21.8.C.18 Short Term Rental, Non-Commercial   

The council shall have sixty (60) days from the receipt of the recommendation to approve, deny, or modify the special exception request by motion. The granting of a special exemption shall not entitle the applicant to a short-term rental permit unless the applicant otherwise complies with the permitting requirements set forth in the Code. A special exception granted pursuant to the subsection shall lapse in the event the holder of the permit transfers the property subject to the special exception or if the owner's permit is revoked. In the event the Council denies a request for a special exception within a particular block, the applicant may not reapply for a special exception for a period of two years.

  1. 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. The issuance or renewal of a short term rental permit is a privilege, not a right, and shall be subject to the requirements and limitations, including all restrictions on transfer or assignment, set forth in the City Code, as well as the City's authority to regulate businesses and to regulate, modify, restrict, or altogether prohibit the issuance or renewal of any permit required for short term rental use. No provision of this ordinance, including without limitations the non-conforming use provisions set forth in Article 25, shall be construed to authorize the continued use of any property as a short term rental in the event the City modifies its short term rental permitting regulations in a manner that limits or prohibits the issuance of a short term rental permit.
  2. The short term rental shall appear outwardly to be a residential dwelling.
  3. Use of the short term rental for commercial or social events shall be prohibited.
  4. The short term rental shall not adversely affect the residential character of the neighborhood by generating excessive noise, vibrations, garbage, odors, or other secondary effects that unreasonably interfere with others' use and enjoyment of their residences, as more fully set forth in standards set outlined in the City Code.
  5. A non-commercial short term rental shall be governed by both a noise abatement plan and a sanitation plan.
  6. No signs are allowed for a Non-Commercial Short Term Rental.
  7. The permit shall be prominently displayed on the front facade of the property in a location clearly visible from the street during all period of occupancy and contain the permit number, the contact information for the operator, the permit type and the bedrooms and occupancy limit.
  8. The operator, who may not be a guest, must physically reside in a bedroom on the lot of record containing the short-term rental during any guest stays and, if required by the City Code, must maintain a primary residence on the lot.
  9. No person may be the operator of more than one (1) non-commercial short term rental.
  10. The registered operator must be onsite during a guest's stay and must respond to a complaint within one (1) hour of the complaint being made. Failure to comply can lead to license revocation.
  11. Only natural persons aged 18 or over may own property used as a non-commercial short term rental. Ownership, in whole or in part, by a business entity, trust, or any other juridical person is prohibited. No person may own, in whole or in part, more than one property used as a non-commercial short term rental.
  12. Only one (1) non-commercial short term rental permit shall be issued for each lot. 
  13. Except as provided in Section 21.8.C.18.r, only one (1) non-commercial short term rental permit may be issued within each city block, inclusive of all lots fronting any exterior boundary or said block and all interior lots not fronting the public right of way.
  14. Small Multi-Family Affordable Dwellings as authorized in the base zoning district shall be exempted from the block limitation provided that they are compliant with all affordability monitoring requirements and other laws.
  15. Up to three (3) guest bedrooms may be rented to guests, and occupancy shall be limited to two (2) guests per guest bedroom with a maximum of six (6) guests. At least one bedroom on the lot of record containing a non-commercial short term rental shall be reserved exclusively for the operator and shall not be advertised or used as a guest bedroom.
  16. If more than one (1) principal building exists on a lot, or two (2) or more contiguous lots have been historically acquired together and second building was originally constructed and has been used for habitable space as defined by the Building Code, as least five (5) years prior to the establishment of the short term rental, it may be included in the operation of the short term rental.
  17. In residential districts and HU-B1A Neighborhood Business District, HU-B1 Neighborhood Business District, HU-MU Neighborhood Mixed-Use District, S-LM Lake Area Marina District, MU-1 Medium Intensity Mixed-Use District, and MU-2 High Intensity Mixed-Use District, only one (1) Accessory Bed and Breakfast, one (1) Principal Bed and Breakfast, or one (1) Non-Commercial Short Term Rental is permitted within each city block, inclusive of all lots fronting any exterior boundary of said block and all interior lots not fronting the public right of way.
  18. Any property owner may request a special exception from an applicable block limitation, provided that no more than two (2) special exceptions may be in effect within any block at one time. All applications for a special exception shall include a Project Neighborhood Participation Program (Project NPP), conducted in accordance with Section 4.2.D.2, except that the mailed notice to owners of record required by Section 3.3.B.2.b shall be limited to properties located within one hundred (100) feet of the property lines of the subject property. Said request shall be submitted to the Executive Director of the City Planning Commission, who shall review and make recommendations to the City Council relative to the special exception request. The City Planning staff shall render its recommendations within sixty days of receipt, using the following review standards:
    1. Is the requested increase compatible with the surrounding land use and structures?
    2. Are there unique geographic considerations which would mitigate the impact of an additional non-commercial short tern rental within the block?
    3. Are there unique use conditions in the surrounding areas which would be well-served by or mitigate the impact of an additional non-commercial short term rental use within the block?
    4. Will the additional non-commercial short term rental use increase traffic and safety hazards?
    5. Will the additional non-commercial short term rental use create parking issues around the block or in the surrounding areas?
    6. Will the additional non-commercial short term rental use impair the health, safety and welfare of the neighboring properties?

The council shall have sixty (60) days from the receipt of the recommendation to approve, deny, or modify the special exception request by motion. The granting of a special exception shall not entitle the applicant to a short-term rental permit unless the applicant otherwise complies with the permitting requirements set forth in the Code. A special exception granted pursuant to the subsection shall lapse in the event the holder of the permit transfers the property subject to the special exception or if the owner's permit is revoked. In the event the Council denies a request for a special exception within a particular block, the applicant may not reapply for a special exception for a period of two years.

Adopted by Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23