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.

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