PARISH COUNCIL A: Christopher L. Roberts B: Cynthia Lee-Sheng 1: Ricky J. Templet 2: Paul D. Johnston 3: Mark D. Spears, Jr. 4: Dominick F. Impastato, III 5: Jennifer Van Vrancken STAFF REPORT Text Study Planning Department Docket No. TXT-1-18 Short-Term Rentals (STRs) Teresa A. Wilkinson, AICP Director Michael S. Yenni Parish President 504-736-6320 Yenni Building, 1221 Elmwood Park Blvd, Ste 601, Jefferson, LA 70123 jpplanning@jeffparish.net Study Intent: Determine the necessity of, and if necessary, appropriate standards for short-term rental, and provide for related matters Authorization: Res. No. 126639 (3/2/2016) Request: Amend Chapters 17.5 Hotels and Motels; 20 Offenses and Miscellaneous Provisions; 33 Unified Development Code; 35 Taxation; and 40 Zoning to address short-term rentals, bed and breakfasts, and related uses Council District: Parish-wide Summary No. tbd PAB Hearing: Council Hearing: Last Meeting Date for Council Action: 1/11/2018 tbd 5/16/2018 OVERVIEW A short-term rental (STR) is commonly defined as a dwelling unit rented for a period of less than thirty consecutive days. STRs represent one facet of the sharing economy, a market characterized by a wide range of transactions mediated by websites or mobile technology related to the sharing of property or services. Over forty websites offer millions of STR listings in over 190 countries worldwide. Although not as prevalent as in some other communities, the number of listings for STRs in Jefferson Parish is growing. The growth in popularity and prevalence of STRs has resulted in greater interest in regulating this use, and many communities recently have passed STR regulations. Different communities have taken different approaches by establishing: definitions to distinguish STRs from other related uses; restrictions by geographic area or by type; use standards and/or licensing requirements; tax collection; and strategies for enforcement. Jefferson Parish has a conventional suburban development pattern characterized by the separation of land uses, mostly in single-family residential neighborhoods and along commercial corridors. Where appropriate, a mix of uses is allowed and encouraged. Like many local governments, Jefferson Parish uses zoning to protect certain land uses from other uses that are incompatible or could have adverse impacts on public health, safety, and welfare. Zoning is the appropriate mechanism for regulating STR geographically. The legal basis to regulate STR as a land use of lodging accommodation is established in the Parish’s Home Rule Charter and its Code of Ordinances, particularly in Chapters 8, 17.5, 19, 20, 33, and 40, all of which are proposed for amendment as part of this text study. Currently, short-term rental is not regulated explicitly in Jefferson Parish. However, existing regulations address related uses like hotels, motels, B&Bs, home occupations, and residential dwellings and provide a foundation for STR regulations. In particular, existing operational standards, licensing requirements, taxation, and enforcement provisions apply to hotels and motels and should be extended to STR, a form of lodging accommodation, if the Parish Council decides to regulate STR in Jefferson Parish. PUBLIC OUTREACH The Planning Director, with assistance from the Director of Inspection and Code Enforcement and the Director of Property Maintenance, Zoning, Quality of Life, solicited input from and made presentations on preliminary findings and recommendations to the following groups: PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 1 of 67 TXT-1-18 Organization Date Location West Jefferson Medical Center Auditorium West Jefferson Civic Coalition October 11, 2017 East Bank Civic League November 28, 2017 East Bank Regional Library Jefferson Chamber of Commerce, with representatives of the Jefferson Jefferson Chamber November 30, 2017 Business Council and Jefferson Conference Room Visitors and Convention Bureau Board of Metairie Business Development District December 11, 2017 Drago’s Restaurant, Fat City Home Builders’ Association December 14, 2017 HBA Board Room Sonder December 21, 2017 Planning Department Conference Room Board of Jefferson Convention and Visitors Bureau January 4, 2018 New Orleans Marriot Lakeway The Planning Department also conferred with staff of the Department of Inspection and Code Enforcement; the Department of Property Maintenance, Zoning, and Quality of Life; the Parish Attorney’s Office; the East Bank Consolidated Fire Department; and the Office of Film Jefferson for input on this study. SUMMARY OF STAFF RECOMMENDATION • Limit short-term rental (STR) to certain zoning districts:  Prohibit STR in the following single-use residential zoning districts: - S-1, R-1A, R-1B, R-1C,R-1D, R-1MH, R-1TH, R-2, RR-3, R-1CO, R-3, and CDR;  Allow STR in the following commercial and mixed-use zoning districts, subject to standards: - BC-1,BC-2,C-1, C-2, MUCD, H-1, H-2, GO-1, GO-2, OBM-1, OBM-2, FC-1, FC-2, FC-3, U-1S, and U-1R;  Prohibit STR in the following industrial zoning districts: - M-1, M-2, M-3, M-4, and OW-1; • Apply existing operational standards, licensing, and taxation provisions of the Code of Ordinances for hotels and motels to Bed & Breakfast (B&B) and Short-term Rental (STR) establishments; • Adopt new definitions and standards specifically for B&B and STR; • Apply existing enforcement provisions to address zoning and licensing violations; • Adopt amortization provisions for existing STRs to come into compliance with regulations; and • Support clarification in apparent inconsistencies in State Statutes regarding the application of the hotel occupancy tax to STR. PLANNING ADVISORY BOARD (PAB) RECOMMENDATION On January 11, 2018, the PAB deferred to January 25, 2018 (see PAB minutes). On January 25, 2018, the PAB concurred with the recommendation of the Planning Department, but recommended an amendment to Sec. 17.5-6. Application, fees and requirements, to increase the price of the lodging accommodation license for short-term rentals and bed and breakfasts from $350 to $750 (see PAB minutes). PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 2 of 67 TXT-1-18 CONTENTS Background ..................................................................................................................... 3 Analysis ......................................................................................................................... 11 Findings......................................................................................................................... 26 Planning Department Recommendation........................................................................ 28 Conclusion .................................................................................................................... 41 Recommendation for Specific Ordinance Amendments ................................................ 42 References .................................................................................................................... 65 BACKGROUND The common definition of short-term rental (STR) is a dwelling unit rented for a period of less than thirty consecutive days. The American Planning Association (APA) has categorized STRs into three basic varieties: • Hosted sharing includes rentals where the primary occupant of the dwelling unit remains on-site with guests during the duration of the guests’ visit. This type of rental usually is limited to the rental of spare bedrooms and shared access to bathroom(s) and common living and outdoor area(s). Spare bedrooms can be advertised as either private or shared. • Unhosted sharing involves a STR where the occupant of the dwelling unit is not present during the duration of the guest visit. This type of rental is also commonly referred to as “whole-house” rental because guests have private access to the entire dwelling unit. • Dedicated vacation rentals are STRs that lack primary occupants, including secondary homes and investment properties that may or may not be rented out for compensation. Although the concept of STR has been around for many years, the industry has experienced significant growth in popularity within the last decade with the emergence of the sharing economy, a market characterized by a wide range of transactions mediated by websites or mobile technology related to the sharing of property or services. With increased dependence on internet applications and trust in web-based services, businesses involved with the sharing economy, including online STR platforms, are thriving. 1 Over forty websites offer STR listings worldwide, including Airbnb, HomeAway, VRBO, Flipkey and Craigslist. 2 These third-party intermediaries match travelers with property owners or residents who rent a sofa, a room, or an entire property. One of the most popular online platforms is Airbnb. Today, Airbnb is only nine years old and has been valued as a 31 billion dollar business. 3 The company has listed approximately 1.5 million properties in over 190 countries. As part of its business model, Airbnb collects a fee of approximately three percent of the booking subtotal when an accommodation is rented. STR in Jefferson Parish As of mid-August 2017, approximately 550 STR listings appeared on websites for properties in Jefferson Parish. This total is more than double the listings from a year earlier, when approximately 250 listings appeared (Table 1). 4 Table 1. Approximate Number of STR Listings in Jefferson Parish (2016-2017) Popular STR platforms 5/23-6/14/2017 8/21-8/23/2017 Airbnb 148 299 1Peer to peer rental: the rise of the sharing economy.” (2013, March 9) The Economist, March 9, 2013. Accessed October 16, 2017.http://www.economist.com/news/leaders/21573104-internet-everything-hire-rise-sharing-economy on 10/16/2017. 2 City Planning Commission. (2016, January 19) “Short term rental study”. City of New Orleans.. Accessed May 23,2016. https://www.nola.gov/city-planning/major-studies-and-projects/short-term-rental-study/final-short-term-rental-study/ 3 Hartmans, A. (2017, July 22) ”The fabulous life of Airbnb’s Brian Chesky, one of the youngest and richest tech founders in America”. Business Insider. Accessed on October 2, 2017. www.businessinsider.com/brian-chesky-airbnb-ceo-life-story-photos-2017-7 4 In two separate sessions, the Planning Department collected listing information by searching by each neighborhood and municipality in Jefferson Parish. Listings were marked once to avoid duplicates. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 3 of 67 TXT-1-18 HomeAway 30 105 Flipkey 21 27 VRBO 50 119 Total 249 550 Data Sources: www.Airbnb.com/. www.Homeaway.com/. www.Flipkey.com/. www.vrbo.com/. However, in comparison to some other communities, the number of STRs is relatively low. Per 10,000 housing units, Jefferson Parish had approximately 17.8 Airbnb STR listings, compared to roughly 350 Airbnb STR listings per 10,000 housing units in New Orleans (Figure 1). 17.81 8.87 Jefferson Parish, LA 133.24 133.24 Portland, OR 352.84 New Orleans, LA 300.11 133.04 127.76 New York, NY No data available Denver, CO 90.83 0 50 100 150 2017 200 250 300 350 400 2016 Figure 1. Approx. Number of Airbnb Listings per 10,000 Housing Units (2016-2017) Denver, CO as of 05/16/2016; New York, NY as of 10/1/16 & 5/2/17; New Orleans, LA as of 10/3/16 & 6/2/17, Portland, OR as of 7/4/16 & 4/7/17; Jefferson Parish, LA as of 6/14/16 & 08/23/17. Data Sources: www.Insideairbnb.com/ .www.Airbnb.com/ . 2015 Census Quickfacts. www.census.gov/. A snapshot taken on September 25, 2017 showed that Metairie had the most Airbnb STR listings (127) of all the communities in Jefferson Parish, with Gretna (46) and Grand Isle (36) having the second and third highest concentrations. Harahan, River Ridge, and Lafitte had the fewest listings. Of the total listings on this day, two-thirds (209) were for whole-house STRs. About one-third (106) were for private rooms and only four were shared rooms (Table 2). Table 2. Number of Airbnb Listings in JP Communties on 9/25/17 Data Source: www.Airdna.com / accessed 9/25/17. Bixler Street Case The Parish has not attempted to curtail the short-term rental of homes since January 2016 when the 24th Judicial District Court (JDC) ruled in favor of a Bixler Street homeowner who was renting her residence to vacationers and transient guests on weekends when PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 4 of 67 TXT-1-18 she was elsewhere (Boscareno v. Parish of Jefferson, 24th JDC No. 750-249). The Bixler St. case began when the Parish’s Department of Property Maintenance Zoning/Quality of Life (PMZ) received a complaint and issued a violation notice to the property owner for exceeding the limited use allowed in the R-1A Single Family Residential District. Violations of Sections 40-46(1) and 40-92 of the Jefferson Parish Code of Ordinances were brought for hearing before the Bureau of Administrative Adjudication (BAA), where in April 2015 the Hearing Officer found the owner in violation of the ordinances as charged, stating specifically that “if she rents the property to another person while residing there, it is no longer a single-family residence, but is instead a ‘multifamily residence,’ and thus in violation of the aforementioned Code articles. 5 The property owner appealed the BAA ruling to the 24th JDC, and in January 2016 following a hearing on the matter, the trial court overturned the BAA ruling. The court found that the “zoning ordinances applied against the [homeowner] are not sufficiently definite to notify [the homeowner] of any altered rights regarding rental of her Property (sic) in this matter.” According to the trial court, short-term rental is not specifically defined or regulated in the Parish’s Code; it is not prohibited, and, further, the Parish’s current regulations do not differentiate between short- and long-term rental. Around the United States, other courts have found similarly that existing, older regulations of local jurisdictions are impermissibly vague as applied to modern practices like shortterm rental. Shortly after the Jefferson Parish ruling, the Parish Council authorized this text study. The Parish declined to appeal the ruling of the 24th JDC, choosing instead to proceed with the study to devise a more specific regulatory framework. Similar cases reported from other jurisdictions lack uniformity of the factual situations and of the regulatory schemes, thus in-depth review of those cases, namely, appeals from administrative or regulatory tribunals like the BAA, is not likely to produce a clear mandate for a regulatory framework. While other courts in Louisiana may have reached the merits of particular STR cases, there are no appellate decisions that can be cited as authority. High-Profile Cases High-profile cases in larger jurisdictions have generated progress in determining what types of regulations will pass constitutional muster, and thus have spurred changes in both the regulatory schemes and the behavior of the actors in the ongoing series of events surrounding short-term rental. For the most part, the results reported in the following litigation do not constitute binding precedent. Very few cases have even reached final judgment much less produced an appellant decision that could be described as a mandate. New York In two of the largest jurisdictions studied, the litigation against the cities was brought by Airbnb, the largest of the so-called internet “platforms” upon which prospective short-term renters list properties for rental. In New York, one of the large markets, Airbnb filed suit against the State of New York, targeting a state statute that imposed fines on it for advertising illegal rentals, i.e., properties that had not registered for the home-sharing license (Airbnb, Inc. v. Schneiderman, 44 Misc. 3 351 (05/13/2014), 989 N.Y.S.786). Airbnb filed a contemporaneous suit against the City of New York over enforcement of a city ordinance; the company contended that the law violates the company’s constitutional rights to free speech and due process, as well as the protection afforded under the Communications Decency Act, a federal law that says websites cannot be held accountable for content published by their users. Of particular concern to Airbnb was that it would be held liable for penalties resulting from hosts illegally listing their properties for short-term rental without first obtaining appropriate licenses and meeting regulatory requirements. Airbnb, Inc. argued in both cases, as it has in almost every lawsuit, that it is not subject to the jurisdiction of the State courts because it merely puts two willing bargainers 5 Complaint#15-902965. Activity Summary includes several complaints, inspections and interaction with short-term tenants. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 5 of 67 TXT-1-18 together, and is not a part of the legal transaction involving the rental. Airbnb dismissed its lawsuit against the State of New York when the State agreed that it would not attempt to impose fines on the platform because of illegal postings by owners who had not registered their properties with the State. Several days later, Airbnb settled its lawsuit with the City of New York after the City likewise agreed not to fine the company for violations by the property owners. Airbnb agreed to work with City regulators on methods of enforcement, such as allowing hosts to occasionally rent homes while enforcing the law against landlords who use dwellings solely for short-term rentals. The company said it hoped to find “an approach that protects responsible New Yorkers while cracking down on illegal hotels that remove permanent housing off the market or create unsafe spaces.” Airbnb also implemented a new policy that prohibits hosts in New York City from listing rentals, other than their own home, for short-term stays. The company claimed that it had removed over 3,400 listings that appeared to be from hosts with multiple offerings. San Francisco Airbnb also sued a second large market, its hometown of San Francisco, over an ordinance that would apply fines of as much as $1,000 a day for each listing from hosts not registered with the City. The company contended that the restriction would be onerous to enforce and a violation of its free speech right to allow users to post what they wish on its website (Airbnb, Inc. v. City of San Francisco, No. 3:16-cv-03615-JD, 2016 WL 6599821 (N.D. Cal. Nov. 8, 2016). The City previously enacted an ordinance in 2014 allowing short-term rental to occur with certain limitations. The ordinance provided for rentals of full residences as well as rooms for periods of less than 30 days. Permanent residents were required to register their unit with the City and to prove residence in that unit with appropriate documents. Renters were required to obtain a business license from the City and pay the City’s Transient Occupancy Tax. The ordinance further provided that any internet hosting platform would be required to collect and remit all of the Transient Occupancy Tax and maintain records showing that the taxes were paid. The San Francisco ordinance had four major components, two of which included requiring the hosting platforms to verify that a residential unit is on the City’s registry prior to listing the unit on the hosting platform, and creating an Office of Short Term Rentals to monitor the hosting platforms for compliance. Airbnb immediately sued to enjoin enforcement of the requirements directed at the hosting platforms, alleging violation of the First Amendment due to impermissible contentbased regulation. Other counts charged violations of the Stored Communications Act because the ordinance required disclosure to the City of customer information without legal process. Still another ground was violation of the Communications Decency Act of 1996 (CDA), 47 U.S.C. § 230 prohibits “interactive computer service providers from being ‘treated as the publisher or speakers of any information’ provided by a third party.” San Francisco, in reaction to the lawsuit, made a number of amendments to the previous ordinance that seek to limit its application to hosting. Under the settlement between the City and the companies, Airbnb essentially agreed to San Francisco’s demand to be more transparent about its hosts and to help enforce existing registration laws. Airbnb and other services like HomeAway will collect data from people who rent their homes out for less than a month on their sites. San Francisco will use that information to vet and register hosts. Companies like Airbnb will have to regularly provide the City with data it needs to enforce local laws. The companies also will cancel reservations and deactivate listings if the City notifies them of an invalid registration. The City also preserved its ability to hold companies like Airbnb accountable by fining them $1,000 per violation if they do not take down illegal listings. Airbnb described the deal with San Francisco as the latest step in its plan to work with local governments on short-term rental legislation and tax collection, citing examples that included the City of New Orleans. In a separate statement, Airbnb stated that it would allow the California Department of Fair Employment and Housing to conduct fair-housing tests on hosts in California. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 6 of 67 TXT-1-18 Chicago A coalition of home-sharing proponents filed suit against the City of Chicago following passage of the City’s Shared Housing Ordinance (SHO) in June 2016. Plaintiffs alleged that the SHO violated the First Amendment freedom of speech protection, the Fourth Amendment right to freedom from unreasonable searches and seizures, the Stored Communications Act (SCA), 18 U.S.C. 2701 et seq., the Fifth Amendment takings clause, the Eighth Amendment excessive fines clause, the Fourteenth Amendment due process clause, as well as the Illinois State Constitution and other local laws. Following an initial injunction argument, the City amended its ordinance to require that hosts of home-sharing properties disclose the records of their transactions only pursuant to a search warrant, subpoena, or other lawful process, rather than simply on demand of a public official. Plaintiffs argued that home-sharing was not a “purely commercial” undertaking, pointing to the enjoyment of “making new friends, showing off one’s home and city, and learning about different cultures.” Plaintiffs’ due process claims centered upon the allegation that the SHO was void for vagueness, in particular attacking maximum caps for the numbers of units that were authorized by the SHO. The United States District Court for the Northern District of Illinois rendered judgment in March 2017, finding that the SHO did not violate the First Amendment. The Court also found that the SHO was not void for vagueness as to the maximum caps provision, stating that the provision gave fair notice of the conduct that would be forbidden. The Court finally declared that the Plaintiffs failed to prove that enforcement of the SHO would cause irreparable injury, and that that the regulations did not create an unequal balance of hardships between the City and the public. The Court dismissed the challenge in its entirety (Keep Chicago Livable v. The City of Chicago, 2017 WL 955421 16-10371 (USDC ND IL),03/13/2017). The dismissal of the lawsuit is currently on appeal and no final decision has been rendered. Austin Judicial resolution of cases involving the City of Austin also has not occurred. The Austin City Council passed an ordinance in 2012 allowing for the regulation and licensing of STR. The Council defined an STR as a property that is leased for less than 30 consecutive days and created three types: Type 1, owner-occupied, multifamily, single-family, or duplex units; Type 2, non-owner-occupied single-family or duplex units; and Type 3, nonowner-occupied multifamily units. The Council voted in February 2016 to end the issuance of new Type 2 licenses, phase them out of neighborhoods by 2022, and place tight regulations on how they are operated. Employees from vacation rental company HomeAway’s Austin headquarters marched on City Hall in protest. The Texas Public Policy Foundation, a research institute, in addition to several private individuals, sued the City claiming the STR ordinance violated several constitutional rights, from property rights to the freedom of movement, privacy, and assembly (Texas Public Foundation v. City of Austin, Zaafari v. City of Austin No. D-1-GN-16-002620 (53rd Dist. Ct., Travis County, Tex. 2016). General Planning and Zoning Authority The Louisiana Constitution provides that, subject to uniform procedures established by law, a local governmental subdivision may adopt regulations for land use [and] zoning. 6 The U.S. Supreme Court held that zoning, by separating uses and density, is a legitimate exercise of this police power. 7 Consistent with state and federal provisions, Jefferson Parish regulates the use of land for the health, safety, and welfare of its citizens through traditional zoning concepts. Zoning involves the division of land uses by district. Most local codes, including Jefferson Parish’s, have basic residential, business/commercial, and industrial districts. This approach aims, in part, to protect land uses, such as single-family residential uses, from incompatible uses that are not harmonious with the character of these uses or from uses that could have adverse impacts on property values and public health, safety, and welfare. 6 7 La. Const. Art. 6, §17 Freilich, R. and S. Mark White.(2008) 21st Century Land Development Code.. Chicago: American Planning Association. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 7 of 67 TXT-1-18 In addition to broad authority under state enabling legislation, Jefferson Parish is a home rule charter form of local government and has had a home rule charter in place since 1957. The charter gives the Parish Council, as the governing authority, the power to create local laws, as long as legislation is not in conflict with the Louisiana Constitution.8 As a home rule charter government, Jefferson Parish has the authority to “Prepare, enact, and enforce comprehensive plans for the development of the parish and for zoning purposes.” 9 In 2003, the Parish Council adopted the Comprehensive (Master) Plan called Envision Jefferson 2020 (Ord. No. 21939). The plan includes: • An overall vision for the parish’s physical development and redevelopment; • Goals, objectives, and policies (GOPs) of the Land Use Element and the Transportation Element; and • A detailed implementation table to achieve the Plan’s vision and GOPs. Since 2003, the Parish Council has added both the Housing Element (Ord. 22997, 2007) and the Thoroughfare Plan (Ord. 23292, 2008) to the Comprehensive Plan. In addition to these elements, the Council also has adopted subarea plans for the Bucktown (Ord. 22984, 2007), Fat City (Ord. 23627, 2009), and Fairfield (Ord. 25020, 2015) neighborhoods, and the Bicycle Master Plan (Ord. 24734, 2014) as part of the Transportation Element. Several GOPs in the Comprehensive Plan aim to protect residential neighborhoods from incompatible uses and promote the mix of residential and commercial uses in mixed-use and commercial zoning districts. Generally, the zoning districts that allow mixed use implement the neighborhood subarea plans or align with purposes of the commercial zoning districts. All development, land use actions, and amendments to Chapter 33 Unified Development Code or Chapter 40 Zoning are required to be consistent with the Comprehensive Plan (Sec.33-1.8, Sec.40-2, and Sec.40-51). As a land use, short-term rental is an evolving concept; it has characteristics of a residential use but both the parties involved in the activity and the manner in which the use is executed characterize it as a commercial use. As communities and political subdivisions have regulated this blended use, they often have concluded that short-term rental is a new and separate use that requires new regulations. In crafting these regulations, communities have considered the particular characteristics and development patterns of their own communities and tailored their STR regulations to their circumstances, an approach that also underlies a community’s regulatory framework generally. From this perspective, Jefferson Parish has both the constitutional and home rule authorities to regulate short-term rental as a land use through the Parish’s Comprehensive Plan and its Comprehensive Zoning Ordinance, codified in Chapter 40 Zoning and Chapter 33 Unified Development Code of the Code of Ordinances. Regulating STR’s in Residential Neighborhoods The most commonly cited municipal purpose for regulating short-term rental is to protect the character of existing residential neighborhoods. 10 The approach taken by most communities is to classify the use as a commercial use based on the enterprise that is being operated as opposed to the product that is being offered, i.e., the use of a residence as a residence. As a result, many short-term rental regulations either specifically prohibit or heavily restrict the commercial use in residential neighborhoods. The maintenance of the character of residential neighborhoods has been recognized as a proper purpose of zoning. 11 In this respect, zoning regulations which seek to restrict short-term rentals in strictly residential zoning districts are appropriate when the regulations are found to be substantially related to land-use impacts in the area. 12 In 8 Id. Sec. 1.01, Jefferson Parish Home Rule Charter 10 Robinson & Cole, LLP. Short-Term Rental Housing Restrictions. (2011) 11 See Ewing v. City of Carmel-by-the-Sea, 234 Cal. App. 3d 1579, 1590 (Ct. App. 1991) 12 See Rathkopf’s The Law of Zoning and Planning § 81:11 (4th Ed 2011) (citing Brown v. Sandy Bd. Of Adjustment, 957 P.2d. 207 (Utah Ct. App. 1998) 9 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 8 of 67 TXT-1-18 Ewing v. City of Carmel-By-The-Sea, a decision rendered years before the concept of short-term rentals caught on as an enterprise, the Sixth District Court of Appeals for California made the following observation regarding the effect of short-term rentals on neighborhoods: “It stands to reason that the “residential character” of a neighborhood is threatened when a significant number of homes…are occupied not by permanent residents but by a stream of tenants staying a weekend, a week, or even 29 days.…such rentals undoubtedly affect the essential character of a neighborhood and the stability of a community. Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a Scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow—without engaging in the sort of activities that weld and strengthen a community.” 13 A survey of recent (2010-present) jurisprudence in Louisiana’s neighboring states of Texas, Alabama, and Florida found only a few cases in which the issue was the validity of traditional zoning laws. In Village of Tiki Island v. Ronquille, 2015 WL 1120915, (03/12/2015), 462 S.W. 3d 562, Texas Court of Appeals, Houston Division, a group of homeowners who had opened their homes for short-term rental sued the Village after it passed an ordinance in May 2014 banning the practice. Curiously, it created an exception for properties used for short-term rentals prior to 2011, allowing them to continue as legal nonconforming uses. The Village was unable to provide any reasonable justification for the distinction between properties used as short-term rentals prior to 2011 and the properties used as short-term rentals between 2011 and the passage of the ordinance in 2014, and the Court struck down the distinction as arbitrary. In Bostick v. DeSoto County by and through its Board of Supervisors, 2017 WL 1910098 (05/09/2017), 225 So. 3d 20, the Mississippi Court of Appeals upheld a county ordinance prohibiting short-term rentals in a purely residential zoning district. Regulations restricting short-term rentals in residential neighborhoods seek to preserve and maintain the character of a neighborhood by prohibiting those uses which would degrade and harm that character. As set forth in the Housing Element of the Comprehensive Plan, preserving and revitalizing existing housing and neighborhoods is a primary goal for Jefferson Parish. 14 One of the objectives in obtaining this goal is to discourage the conversion of stable residential neighborhoods into non-residential neighborhoods. 15 Yet another objective seeks to ensure the compatibility of in-fill development in these neighborhoods. 16 Therefore, regulations permitting short-term rental in residential districts, or permitting them without strict standards for their establishment and operation, would not be consistent with the goals and objectives of the Comprehensive Plan. 17 Takings Challenges Takings challenges fall into two separate categories: physical invasion of property and regulations that deprive owners of all “economically beneficial” use of their property. 18 However, a zoning ordinance does not constitute a taking simply because it narrows a property owner's options. In fact, “[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property.” 19 Regulating short-term rental as a land use does not present a takings challenge of this nature as it does not deprive an owner of all beneficial use of the property. Short-term rental, by its nature, is generally a secondary use of a residential property for which the 13 Ewing v. City of Carmel-By-The-Sea, 234 Cal. App. 3d 1579, 1591 (Ct. App. 1991) 14 Sec. 25-323, Jefferson Parish Code of Ordinances 15 Sec. 25-324, Objective 1.3, Jefferson Parish Code of Ordinances 16 Sec. 25-324, Objective 1.4, Jefferson Parish Code of Ordinances 17 See Sec.33-1.8, Sec.40-2, and Sec.40-51 of the Jefferson Parish Code of Ordinances 18 See Lingle v. Chevron, 544 U.S. 528, 538 (2005) 19 Ewing v. City of Carmel-By-The-Sea, 234 Cal. App. 3d 1579, 1592 (Ct. App. 1991) citing to Keystone Bituminous Coal Assn. v. DeBenedictis (1987) 480 U.S. 470, 498; see, e.g., Griffin Development Co. v. City of Oxnard (1985) 39 Cal.3d 256 [condominium conversion ordinance]; Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129 [rent control law] PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 9 of 67 TXT-1-18 primary use is that of a residence for the owner. However, for those property owners who do not use the property as their primary residence, there is still the option of leasing and/or renting the property for a period longer than 30 days. Substantive Due Process Challenges When a zoning regulation is challenged as a substantive due process violation, the courts look to whether the challenged ordinance substantially advances a legitimate governmental interest. 20 “It asks, in essence, whether a regulation of private property is effective in achieving some legitimate public purpose…for a regulation that fails to serve any legitimate governmental objective may be so arbitrary or irrational that it runs afoul of the Due Process Clause.” 21 However, the courts have determined that the preservation of character and integrity of residential neighborhoods is a legitimate governmental interest. 22 Regulations which seek to preserve the character of residential neighborhoods by prohibiting or limiting commercial uses in these areas will, more than likely, not be found unconstitutional if challenged on the basis of substantive due process. STR regulations do not present a substantive due process claim when these regulations only seek to either restrict or prohibit short-term rentals in conventional single-use residential zoning districts. Equal Protection Challenges Zoning regulations, when classification is not based on suspect classes and when not affecting fundamental personal rights, are subject to a rational basis analysis when faced with an equal protection challenge. 23 The regulations are required only to be “rationally related to a legitimate state interest.”24 As previously stated, preservation of residential neighborhoods has been found to be a legitimate governmental interest. As the Fifth Circuit stated when upholding the zoning regulations applied to the Fat City area against an equal protection challenge, “the regulation here is explicitly intended to “enhance property values and provide identity and a sense of community…” 25 One purpose in regulating short-term rental is to protect residential neighborhoods from incompatible uses that present a danger to both the identities of residential areas and the sense of community found in these neighborhoods. Therefore, regulations governing short-term rental that restrict or prohibit the use generally do not present an equal protection challenge. Relevant Chapters of the Jefferson Parish Code of Ordinances While zoning is a primary tool for regulating short-term rental, other provisions in a community’s regulatory toolbox, often its code of ordinances, are pertinent to short-term rental, and Jefferson Parish follows this approach. The Parish’s Code of Ordinances (Code) is divided into chapters by broad subject areas, and the following seven chapters are relevant to regulating short-term rental: 8, 17.5, 19, 20, 33, 35, and 40. Although shortterm rental is not addressed specifically in the Code, the Parish’s current regulations do include specific provisions for lodging accommodations and home occupations, and other general requirements for all uses and development types. Chapter 8 Buildings and Building Regulations provides standards to safeguard life or limb, health, property, and public welfare in connection with the construction of all buildings, structures, and certain equipment. By reference, Chapter 8 adopts technical codes that apply to new construction and additions to existing buildings, including fire safety requirements. The 2012 International Building Code (IBC) and International Residential Code (IRC) are the two primary technical codes that provide detailed fire safety requirements for both permanent and transient residential occupancies. 20 See Moore v. City of East Cleveland, Ohio, 431 U.S.. 494 (1977), Lingle v. Chevron, supra and Id. at 542 22 See Nollan v. California Coastal Comm’n, supra, 483 U.S. 825, 835, 837 (1987) and Penn Central Transp. Co. v. New York City, 438 U.S. 104, 129 (1978) 23 Jackson Court Condominiums, Inc. v. City of New Orleans, 874 F.2d 1070, 1079 (5th Cir. 1989) 21 24 See Yur-Mar, LLC v. Jefferson Parish Council, 451 Fed. Appx. 397 (2011), Hidden Oaks Ltd. v. City of Austin, 138 F.3d 1036, 1044 (5th Cir.1998) and City of New Orleans v. Dukes, 427 U.S. 297, 303–04 (1976) 25 Yur-Mar, LLC v. Jefferson Parish Council at 401 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 10 of 67 TXT-1-18 The Parish Council established Chapter 17.5 Hotels and Motels in 2009 (Ord. 23668) to address long-standing issues of blight and illegal activity taking place on the premises of some hotels and motels. This chapter includes minimum guest room requirements, operational standards, and provisions related to inspections, licensing, and enforcement procedures for handling violations. Chapter 19 Nuisances includes provisions aimed at curtailing trash, blight, weeds, grass, and other vegetation. The provisions of this chapter are applicable to all uses, including residential dwellings. Figure 2. Adoption of Ch. 17.5 Hotels and Motels in 2009 provided regulatory tools to address the operation and maintenance of lodging accommodations. Image Source: http://www.nola.com/politics/index.ssf/2011/09/airline_drive_motels_set_for_ r.html (Accessed 10/19/2016) Chapter 20 Offenses and Miscellaneous Provisions addresses a variety of activities that could become offenses or detrimental to health, safety, and the general welfare, including the hourly rental of hotel and motel rooms and noise. The noise provisions set maximum permissible sound levels for different types of uses and restrictions for daytime and overnight hours. Chapter 33 Unified Development Code and Chapter 40 Zoning regulate physical development and land use to promote the health, safety, and general welfare; and, further, they promote consistency with the Comprehensive Plan. Through zoning, the Parish separates or mixes land uses geographically, as appropriate, and applies dimensional and other standards to development. Finally, Chapter 35 Taxation addresses hotel occupancy, occupational license, and other taxes applicable to various types of commercial businesses operating in Jefferson Parish. This background summarizes pertinent information about short-term rental and its regulation in Jefferson Parish and elsewhere in the U.S. As an industry, STR has both appeal and risks. The following analysis begins with a summary of the appeal and risks that factor into regulatory approaches. It then reviews some of the approaches that other communities have taken. The analysis in combination with this background provides the findings and framework for the technical recommendation of this study. ANALYSIS The regulatory approaches of other communities inform planning recommendations. They provide a starting point in a study of any planning topic, but always pivotal to a technical recommendation are the particular characteristics, needs, and values of the parish and its citizens in evaluating the appeal, or benefits, against the risks of any landuse activity. Appeal and Risks of STR STR directly impacts a wide range of stakeholders including, but not limited to, online platforms, the commercial lodging industry, operators (hosts), neighbors, guests, and the local government. Given the land-use activity and the variety of stakeholders with an interest in it, STR has both appeal and risks which are reflected in the literature on the topic. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 11 of 67 TXT-1-18 Appeal For residents, STR may supplement their incomes or allow them to offset mortgage or rent payments by temporarily renting their entire home or a spare room. For property owners, STR may be more financially lucrative than traditional long-term leases. For travelers, STR may provide a more affordable alternative to hotels or motels or “offer a more authentic local experience” since STRs often are embedded in residential neighborhoods. STRs can have lower operating costs and thus be less expensive than traditional hotel and motel rooms. STRs also may be more attractive lodging options for large groups of persons who prefer to be housed together. For cities and counties, STR may attract new residents interested in living in mixed-use enclaves or in a locality that participates in the sharing economy, which some observers believe is here to stay. The STR industry may help cities and counties generate additional revenue through the collection of taxes and fees that can be used to help fund STR administration or other programs. Finally, STR may promote tourism by attracting visitors interested in utilizing STR lodging for their travel needs. Risks Risks associated with STR involve life safety, housing affordability, and neighborhood quality. These potential issues are compounded by the challenges in administering and enforcing STR regulations. Basic fire safety and other life safety issues are paramount since residential occupancies represent one of the most significant fire safety risks of all occupancies. 26 27 Operators may put guests at risk if their STR properties are not equipped with smoke detectors, carbon monoxide detectors, and fire extinguishers. Some of the following reasons for the increased fire risk include: • Wide range of guests including infants, small children, 3. On February 25, 2016, and elderly individuals who are reliant on others for twoFigure men were rescued from a New assistance; Orleans STR with no working • Residential occupants who are asleep for a significant smoke detectors. duration and may lack necessary awareness or Image Source: Twitter @DFT thrive team http://www.fox8live.com/story/31316308/two-mendelayed response in case of an emergency; rescued-from-early-morning-fire-on-jackson-avenue • Residential buildings that may contain combustible material and have a high fuel load; and • Guests who are not familiar with the fire exits and layout of the STR. The IBC and IRC require that all residential occupancies have smoke and carbon monoxide detectors. 28 Often, these features are verified only in association with a building permit for new construction, renovation, or addition. Since many STRs are not affiliated with activities that would trigger IBC or IRC compliance, it is difficult to verify if STR properties have adequate safety features for guests without an inspection or inspections required as part of a licensing program. Fire is not the only threat to STR guest safety. STRs that are not compliant with the building code, lack sufficient sanitary services, or have existing structural damage are also potentially hazardous to guests. STR operators may not have sufficient insurance coverage to cover liability in case of death or injury, an important life safety issue. 29 Standard homeowners or renters insurance coverage likely will not be sufficient to cover STR activity. 30 Many policies have 26 Goodman, J. (2016, February) “Could you Bnb My Neighbor?: A planner’s take on the sharing economy”. Planning, Volume 82,Number 2, 29-33. 27 International Code Council. (2011). 2012 International Building Code. Country Club Hills, III: ICC. 28 International Code Council. (2011). 2012 International building code. Country Club Hills, III: ICC. 29 Merriam, D. (2015, October) “Peering into the Peer Economy: Short-term Rental Regulation”. Zoning Practice. Volume 32, Number 10, 2-7. 30 Lieber, R. (2014, December 6). “A Liability Risk for Airbnb Hosts.” New York Times. Accessed October 11, 2017. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 12 of 67 TXT-1-18 strict exclusions for commercial uses and consider STR to be a business activity. To have adequate coverage, STR operators likely will need to buy or obtain some form of commercial business liability insurance for their STR operation. Although some online platforms are beginning to offer insurance options to operators, many require a fee and/or include a lengthy list of exclusions and restrictions. STR may put the local housing market at risk when landlords convert long-term rentals into whole-house STRs. Whole-house STRs may take residential properties off the market and reduce the availability of lower-cost rental properties, especially in tight markets like San Francisco, New York, and Seattle. 31 Since STR potentially can be more profitable for property owners, landlords have evicted long-term residents to convert rentals to STRs. In some communities, real estate speculators have bought properties for the sole purpose of transforming residential dwellings, previously occupied by long-term tenants, into STRs. Gauging the true impact of the STR industry on a given community is difficult. Policy makers speculate on how STR helps or harms the housing market. 32 However, the potential reduction in available housing associated with STR that leads to an increase in rents and evictions is a serious concern that communities have recognized as they address STR through appropriate regulation. 33 STRs also may create unfair competition with licensed lodging establishments if STRs do not pay appropriate taxes. Commercial lodging establishments often pay local and state business, hotel occupancy, and sales taxes and are subject to licensing and operational requirements. These costs can put commercial lodging at a competitive disadvantage, and arguments that STR is a commercial lodging use that should be held to the same standards as similar businesses stem from this concern. 34 35 Some opponents of STR also are concerned that transient guests do not have ties to the community and may be more interested in having a good time than in being a considerate neighbor, a concern based on adverse impacts on the quality of life of long-term residents. 36 Many local governments have received complaints from residents regarding noise, parties, traffic, trash, parking, and public nuisances (e.g. “party houses”) associated with STRs. 37 This issue represents a common concern mentioned throughout the literature on STRs and has been a focal point of the debate between supporters and opponents of the use. 38 STRs may change the fundamental character of a neighborhood from residential to quasicommercial. STR involves the business of lodging accommodation that caters to travelers and tourists, and thus is potentially a more intensive use than the typical home occupation allowed in residential neighborhoods. The most commonly cited municipal purpose for regulating STR is to protect the residential character of neighborhoods. 39 The limited capacity of local governments to monitor activities conducted in private homes is one reason why administering STR regulations is challenging. Other reasons include lack of coordination between local governments and online platforms and the high https://www.nytimes.com/2014/12/06/your-money/airbnb-offers-homeowner-liability-coverage-but-hosts-still-have-risks.html 31 Merriam, D. (2015, October). Peering into the Peer Economy: Short-term Rental Regulation. Zoning Practice. Volume 32, Number 10, 2-7.October 2015. 32 Bertolet, D. (2016, June 15). “Why Quashing Short-Term Rentals is a Zero-Sum Game for Housing Affordability: Seattle’s data blind rush to regulate Airbnb is a recipe for unintended consequences.” Sightline Institute. June 15, 2016. Accessed June 15, 2016. http://www.sightline.org/2016/06/15/why-quashing-short-term-rentals-is-a-zero-sum-game-in-a-hot-housing-market/ 33 Bertolet, D. (2016, June 15). “Why Quashing Short-Term Rentals is a Zero-Sum Game for Housing Affordability: Seattle’s data blind rush to regulate Airbnb is a recipe for unintended consequences.” Sightline Institute.. Accessed June 15, 2016. http://www.sightline.org/2016/06/15/why-quashing-short-term-rentals-is-a-zero-sum-game-in-a-hot-housing-market/ 34 Merriam, D. (2015, October) Peering into the Peer Economy: Short-term Rental Regulation. Zoning Practice. Volume 32, Number 10, 2-7. 35 Goodman, J. (2016, February) “Could you Bnb My Neighbor?: A planner’s take on the sharing economy.” Planning, Volume 82,Number 2, 29-33. 36Robinson and Cole. (2011) Short-Term Rental Housing Restrictions. Prepared for National Association of Realtors. Accessed from www.realtor.org/sites/default/files/reports/2011/short-term-rental-housing-restrictions-white-paper-2011-09.pdf 37 Robinson and Cole. (2011) Short-Term Rental Housing Restrictions. Prepared for National Association of Realtors. Accessed from www.realtor.org/sites/default/files/reports/2011/short-term-rental-housing-restrictions-white-paper-2011-09.pdf 38 Pindell, N.(2010, August 31). “Home Sweet Home?’ The Efficacy of Rental Restrictions to Promote Neighborhood Stability.” UNLV William S. Boyd School of Law Legal Studies Research Paper, No. 10—38. Accessed February 21, 2017. https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=1669604 39 Robinson and Cole. (2011) Short-Term Rental Housing Restrictions. Prepared for National Association of Realtors. Accessed from www.realtor.org/sites/default/files/reports/2011/short-term-rental-housing-restrictions-white-paper-2011-09.pdf PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 13 of 67 TXT-1-18 administrative costs of implementing regulations. Compliance with STR regulations improves with a proactive enforcement system that includes routine monitoring of listings on websites, citations, fines or revocation of licenses, and regular renewals. However, without listing information and cooperation from online platforms, communities that do not have the capacity or resources to hire additional personnel to monitor these websites regularly may be dependent on complaint-driven enforcement of STR regulations. 40 To minimize the number of illegal listings on these websites, communities such as San Francisco, New York, and Anaheim, CA have included provisions that hold online platforms accountable for any illegal postings on their websites, but, as noted previously, these provisions have had legal challenges from online platforms, especially Airbnb. 41 Despite enforcement challenges, online platforms appear to be more willing to share data with municipalities and local governments. In addition to the more cooperative efforts noted previously in New York and San Francisco, a cooperative endeavor agreement between the City of New Orleans and Airbnb included data sharing and remittance of taxes. Planning and Regulatory Strategies Communities across the country have implemented, or are in the process of implementing, planning and regulatory strategies to address short-term rental (Figure 4). Planning staff reviewed 52 communities in the U.S. for STR regulations. Of these communities, 30 (58%) have adopted, or are in the process of adopting, regulations related to STRs (Figure 5). Figure 4. Planning Strategies for Regulating STRs 40 Planning Advisory Service (PAS). (2015). EIP-37: Regulating Short-Term Residential Rentals”.205 N. Michigan Ave., Suite 1200.Chicago,and IL: American Planning Association. 41 Visveshwara. A. and K. Heneghan. Residential Rental Regulation Issues. (2017, May 4). League of California Cities 2017 Spring Conference.https://www.cacities.org/Resources-Documents/Member-Engagement/Professional-Departments/CityAttorneys/Library/2017/Spring-Conf-2017/Heneghan-ResidentialRentalRegulationIssues PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 14 of 67 TXT-1-18 Anaheim, CA These communities have utilized various approaches: Asheville, NC • Created unique terms and definitions for STRs that capture Ashland, OR specific elements of the use and differentiate the use from Aspen, CO other lodging accommodations, long-term rentals, and other Austin, TX related terms; Biloxi, MS • Restricted or prohibited STRs altogether, or by type; Boulder, CO • Required that the STR be the primary residence of the Carmel-by-Sea, CA operator to deter individuals from buying multiple properties Charlottesville, VA for STR use; Chicago, IL Cottonwood Heights, UT • Protected guests by requiring that STRs be equipped with Denver, CO basic safety features and/or be in compliance with applicable Evanston, IL building codes; Huntington Beach, CA • Applied other use standards (e.g., max. occupancy, parking, Madison, WI brochures, advertisement provisions, restrictions on number Maui, HI or size of parties) to minimize potential impacts on Mill Valley, CA surrounding uses; and Montgomery Co., MD • Developed licensing programs that hold STRs to similar standards as other lodging accommodations (e.g., Nashville- Davidson (County), TN New Orleans, LA occupational licenses fees, taxes, and penalties), which are New York, NY essential for the administration of effective enforcement. Terms and Definitions Figure 5. Surveyed communities with STR Most communities that regulate Regulations STRs have added the distinctive term short-term rental to their municipal codes to help facilitate regulations. Some communities have created variations of the term, including: • Vacation rentals (Evanston, IL, Aspen, CO, Santa Monica, CA, San Luis Obispo, CA, Austin, TX) • Short-term vacation rentals (Savannah, GA) • Short-term rental homes (Maui, HI) • Short-term residential rental (Chicago, IL, San Francisco, CA) • Accessory short-term rentals (Portland, OR) • Transient lodging facility (Charlottesville, VA) • Tourist rooming houses (Madison, WI) • Traveler’s accommodations (Ashland, OR) Portland, OR Sacramento, CA San Francisco, CA San Jose, CA San Luis Obispo, CA Santa Fe, NM Santa Monica, CA Savannah, GA Seattle, WA Despite the variability in definitions, common components of STR-related definitions include: • Timeframe • Type of services • Dwelling type • Rental type Most communities include the timeframe of “less than thirty (30) consecutive days” in their definition to differentiate STRs from long–term rentals. This threshold is also used by the U.S. Department of Housing and Urban Development (HUD) and the International Code Council (ICC) to distinguish long-term residential occupancies from transient ones. Some definitions include terms related to lodging or compensation to capture transient and commercial aspects of the use. To distinguish STRs from other lodging accommodation types, some communities have included phrases like “dwelling unit” emphasizing the residential aspect of the building or “accessory” indicating that the use is secondary to the primary use of residential dwelling. Some examples of definitions that include the above referenced characteristics include: Austin, TX 42 Vacation rentals are the rental of a residential dwelling unit or accessory building on a temporary basis for periods of less than 30 consecutive days. 42 Austin, (Texas) City of. (2013). Ordinance No. 20130926-144.2013. Accessed November 1, 2016. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 15 of 67 TXT-1-18 Denver, CO STR means a primary residence used for lodging accommodations to transients for a period of less than 30 consecutive days. 43 Seattle, WA STR is a booked stay of 29 consecutive nights or fewer. 44 Some communities, such as Santa Monica, CA, have established different definitions to differentiate between hosted sharing and unhosted sharing. Different types of STR in Santa Monica, CA 45 Home-sharing Vacation rental Activity whereby a resident hosts visitors A rental of any dwelling unit, in whole or in in their home, for periods of 30 part, to any persons for exclusive transient consecutive days or less, while at least use of 30 consecutive days or less, one of the primary residents lives on-site whereby the unit is only approved for throughout the visitor’s stay. The guest permanent residential occupancy and not enjoys the non-exclusive shared use of the approved for transient occupancy. The unit with at least one of the persons who is guest enjoys the exclusive private use of domiciled at the location the unit Restrictions Of the 30 communities that the Planning Department surveyed that regulate STRs, three (10%) prohibit them. • Anaheim, CA is a Southern California suburb that is home to Disneyland. This community adopted regulations to allow STRs on May 13, 2014, but after growing concern from residents, the City Council reevaluated the program. On July 12, 2016, the Council voted to ban any new STRs and provided an 18-month amortization period to phase out STRs that had been previously licensed.46 • Huntington Beach, CA banned vacation rentals in all zoning districts except the Sunset Beach Specific Plan zoning district, an area of the city that includes several waterfront properties and vacation homes.47 • Carmel-by the Sea, CA has had vacation rental regulations in place since the early 1990’s. The city prohibits any home or subordinate unit from being rented for less than 30 consecutive days in order to preserve the residential character of the beachside community. 48 Figure 6. Anaheim, CA is a suburban community that voted to ban new STRs in July 2016. Image source: http://www.ocregister.com/2016/08/18/landlords-sueover-anaheims-pending-ban-on-airbnb-style-rentals/ https://travel.usnews.com/Anaheim_Disneyland_CA/Th ings_To_Do/Disneyland_62335/ Some communities utilize zoning to restrict STRs, especially in residential neighborhoods. Zoning also limits the use to certain geographic areas where STR is compatible with existing land uses, primarily commercial ones. Allowing STRs as a conditional or special permitted use adds an extra level of oversight. This approach may include additional application requirements, a public hearing, and additional approval from the governing body, and allows communities to evaluate the appropriateness of STR on a case-by-case basis. 43 Denver (Colorado) City of. (2016, June 13) Ordinance No. 0262, Council Bill No. CB16-0262. Seattle, (Washington) City of. Short Term Rental Regulations Summary .https://www.seattle.gov/Documents/Departments/Council/Issues/RegulatingShortTermRentals/Regulating-Short-TermRentals_Summary_2017-09.pdf 45 Santa Monica, (California) City of. Home-sharing Registration Packet (HSRP). Accessed October 16, 2017. www.smgov.net/homeshare 46 Anaheim, (California) City of. (2016, July 12)Ordinance No. 6374 and Ordinance No. 6375. Accessed July 15, 2016. http://local.anaheim.net/docs_agend/questys_pub/8070/8100/8101/10436/10517/2.%20Ordinance%20(Regulations%20and%20Ban %20on%20New%20STR)10517.pdf http://local.anaheim.net/docs_agend/questys_pub/8070/8100/8101/10436/10515/3.%20Ordinance%20(Amortization)10515.pdf 47 Huntington Beach, (California) City of. (2015, September 3) Short-term Vacation Rentals Prohibited in Huntington Beach. Accessed August 2016. http://www.huntingtonbeachca.gov/announcements/announcement.cfm?id=917 48 Carmel-By-the-Sea, (California) City of. Vacation Rental Rules. Accessed October 20, 2016. http://ci.carmel.ca.us/carmel/index.cfm/residents/local-services/vacation-rental-rules/ 44 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 16 of 67 TXT-1-18 Of the 27 communities that allow STRs, five (19%) restrict whole-house STRs in residential zoning districts as either a prohibited or conditional use. • Biloxi, MS prohibits STRs in any single-family residential zoning district, but allows STRs as conditional uses in multi-family residential zoning districts and as permitted uses by-right in commercial districts. 49 • Cottonwood Heights, UT is a suburb south of Salt Lake City, UT that prohibits STRs in lowdensity residential zoning districts and only allows STRs as conditional uses in the Residential Multifamily (R-2-8), Mixed Use (MU), and Neighborhood Commercial (NC) Figure 7. Cottonwood Heights, UT is a suburb districts. 50 outside Salt Lake City, UT that prohibits STRs Chicago, IL, Ashland, OR, and Asheville, NC restrict whole-house STRs as conditional or special permitted uses in certain residential zoning districts. in single-family residential, but permits them as a conditional use in certain mixed use districts. Image Source: www.estately.com Communities also restrict STR by type of rental. Two (7%) communities allow only hosted sharing (guest room only), one (4%) allows only unhosted sharing, and 24 (89%) communities allow both hosted and unhosted sharing (Figure 8). Unhosted sharing ("wholehouse" only) 4% Hosted sharing (guest room only) 7% Allow both 89% Figure 8. Types of STRs permitted in other communities In New York City, NY and Santa Monica, CA the rental of the entire house or apartment is prohibited. Owners or renters are allowed to rent a spare guest room to visitors as long as the primary resident is present during the duration of their stay. This restriction is designed to minimize potential nuisances and the disruptive behaviors of guests, and help maintain the residential character of the dwelling unit and of the neighborhood. Aspen, CO is the only community that allows only unhosted sharing. 51 Many of the residential properties in this community serve as secondary or vacation homes that are not consistently occupied throughout the year. The 24 remaining communities allow both whole-house and hosted (guest room only) rentals with standards and restrictions. Many of the communities that allow whole-house rentals also require that a local responsible party be designated and available to respond regarding the STR, if needed. Primary residency Local governments use the primary residence requirement to contain the proliferation of STRs, the detrimental effect on the availability of long-term rental housing, and the negative impacts on neighboring properties. Of the 27 communities surveyed that allow STR, 19 (70%) require that the dwelling unit be the primary residence of the STR operator. Savannah, GA recently amended its STR regulations in place since 2014 to require 49 Biloxi, (Mississippi) City of. Land Development Ordinance. Article 23-3, 23-4, 23-6 Use Standards. Accessed February 2017. https://library.municode.com/ms/biloxi/codes/land_development_ordinance 50 Cottonwood Heights, (Utah) City of. Code of Ordinances. Chapter 19.89. Short-Term Rentals. 51 Duffany, B. J. Garrow and P. Supino. Housing, Lodging and the Sharing Economy. American Planning Association. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 17 of 67 TXT-1-18 primary residency for 80 percent of STRs in certain neighborhoods. 52 Some communities have defined primary residence as a certain number of days. Portland OR defines primary residence as the location a person resides for at least 270 days of each year. Chicago, IL considers a primary resident to be an owner with 25 percent interest who may be absent from the dwelling unit up to 120 days per year. 53 San Louis Obispo, CA considers primary residence to be the location occupied by the operator the major portion of the year. 54 Proof of primary residence is verified by various forms of documentation including, but not limited to: • proof of homestead exemption; • valid state driver’s license; • voter’s registration; • automobile registration or insurance; or • utility billing records. Safety Communities are requiring basic fire safety features, building code compliance, an information brochure, inspections, and proof of liability insurance as means of addressing safety risks associated with STRs. Fifteen (56%) of the 27 communities that allow STR require fire safety features like carbon monoxide detectors and smoke detectors and/or require building code compliance. Sixteen (60%) of the communities require a brochure for STR guests. The brochure, or guest information packet, provides information pertinent to the neighborhood where the STR is located. Information may include contact information for a local responsible party, parking restrictions, restrictions on noise, trash collection schedule, and fire evacuation route. Inspections serve a dual purpose. They can verify that each STR is compliant with the building code and has all required fire safety features and emergency information for guests. They also provide the means for investigative enforcement to address complaints and potential violations. Eight (30%) of the communities require inspection of STR facilities. Nine (33%) also require proof of liability insurance to cover potential damages associated with STR activity. For example, New Orleans, LA requires $500,000 in liability coverage. Other Standards Other general requirements utilized by communities function as performance standards to minimize potential adverse impacts of STRs on surrounding uses and neighboring residents. Some types of performance standards include: • maximum number of rental days per year • occupancy limits • parking requirements • advertisement standards • maintenance of records, log or guest registry • restrictions on parties and/or events • required neighborhood notification The maximum number of rental days is designed to deter individuals from using a residential property exclusively for STR and thus to preserve the residential integrity of the dwelling unit. Ten (37%) of the communities have a limit on the number of days a dwelling unit can be operated as a short-term rental. Montgomery County-Rockville, MD, New Orleans, LA (Type T), and Sacramento, CA have a 90-day limit on a STR that is not the primary residence of the operator. Boulder, CO has a 120-day maximum on STRs located in accessory dwellings. 52 Savannah, (Georgia) City of. (2017, September 28) Zoning Ordinance for STVR Use. Accessed October 16, 2017. http://www.savannahga.gov/DocumentCenter/View/9264 53 Chicago, (Illinois) City of. (2016, January 13) Ordinance No. O2016-341. January 13, 2016. Accessed March 1, 2016. https://chicago.legistar.com/LegislationDetail.aspx?ID=2549132&GUID=767B5ED1-C79E-4A31-B7A2-EC2B4C3D5890 54 San Luis Obispo, (California) City of. (2015). Ordinance No. 1611 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 18 of 67 TXT-1-18 Seventeen (63%) of the communities have incorporated occupancy requirements into their STR regulations. Occupancy limits on short-term rental deter use for parties and provide a safer environment for guests. These standards vary from community to community (Table 3). Table 3. Examples of STR-related Occupancy Requirements Community Ashland, OR Austin, TX Boulder, CO Chicago, IL Cottonwood Heights, UT Madison, WI Maui, HI Montgomery CountyRockville, MD Nashville, TN New Orleans, LA Portland, OR Sacramento, CA San Francisco, CA San Jose, CA San Luis Obispo (city), CA Santa Fe, NM Savannah, GA Regulation No more than two (2) people per guest room No more than six (6) unrelated adults; ten (10) adults max. Licensed rental shall not exceed max. occupancy allowed for dwelling type; accessory- limited to one (1) family or two (2) unrelated persons No more than one (1) person per 125 feet No more than twelve (12) guests Maximum family occupancy of underlying zoning district No more than two (2) times the number of bedrooms Maximum number of occupants required by building code No more than two (2) times the number of sleeping rooms plus four (4) One (1) party limited to six (6) guests (accessory) or ten (10) guests (temporary or commercial) May not exceed max. allowed for household No more than six (6) people Five (5) individual reservations/ beds Two (2) or three (3) guests max. depending on dwelling type & whether or not host is present Four (4) adults Two (2) times the number of bedrooms May not exceed maximum allowed for dwelling type Eleven (41%) of the communities have parking requirements (Table 4). Parking requirements accommodate the increase in occupancy of the dwelling unit and address the commercial aspect of the use. Many communities, including Jefferson Parish, require additional parking for home occupations or other businesses operated out of private homes. Table 4. Examples of STR-related Parking Requirements Community Ashland, OR Asheville, NC Biloxi, MS Cottonwood Heights, UT Maui, HI Montgomery CountyRockville, MD New Orleans, LA San, Jose, CA San Louis Obispo (city), CA Santa Fe, NM Savannah, GA Regulation Traveler’s Accommodations one (1) space for each accommodation, two (2) spaces for business owner unit No additional parking required One (1) space per unit or bedroom used for transient use Parking limited to garage, carport, or driveway. Parking on ROW or required yards is prohibited Vehicles shall be parked in designated area onsite and shall not be parked on the street One (1) additional parking space for STR use STR accessory- based on dwelling type; STR commercial One (1) space per two (2) guest rooms Refers to required parking for dwelling type One (1) onsite parking space in addition to required residential parking One (1) bedroom: One (1) parking space; Two (2) plus bedrooms: Two (2) spaces Refers to required parking for dwelling type Nineteen (70%) of the communities require that registered STRs include their local license identification number or reference code on all advertisements, including online PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 19 of 67 TXT-1-18 listings. Other communities regulate physical signs and have additional signage requirements for STR use. To preserve the residential character of the dwelling units where STRs are permitted, seven (26%) of the communities prohibit external evidence of a STR. Eleven (41%) communities require that the operator maintain a reservation log or registry of STR guests. Nine (33%) of the communities prohibit the use of STR facilities for parties, ceremonies, and similar events. This standard is designed to limit noise, traffic, and other potential impacts on the surrounding neighborhood. Nineteen (70%) of the communities require a STR operator to notify neighbors that the STR is operating in their neighborhood. Licensing Licensing is a key component of the administration of STR regulations. Through licensing programs, communities can verify necessary information (e.g., proof of ownership, residency and insurance), collect fees and taxes, and take a proactive approach to enforcement. Of the communities surveyed, licensing fees range from $25-$500. Most communities require a STR license, business license and/or payment of business taxes, and payment of transient occupancy taxes and provide terms for revocation of licenses and penalties for noncompliance with regulations. Almost all of the communities (25, 93%) require that STR operators obtain a STR license. Many of these licensing programs require an application, upfront fee, and approval process. Some communities that allow different types of STRs have separate licenses with unique requirements, fees, and standards. This approach can be complex and is more commonly seen in bigger cities with more active STR markets (Table 5). Table 5. Examples of Communities with Multiple STR licenses Communities New Orleans, LA Austin, TX Portland, OR Type A (Accessory) Owner-occupied, primary residence of the operator required; does not include rental of entire dwelling unit Licenses Type T (Temporary), Owner or renter occupied; primary residence not required; limited to 90 days; includes rental of an entire dwelling unit Type 2 Not owner occupied; single-family or duplex; includes rental of an entire dwelling unit Type 1 Owner-occupied; single-family, multifamily, or duplex); principal residence of operator required; may include rental of entire dwelling unit Type A Accessory STR No more than 2 bedrooms; may include entire dwelling unit Type C (Commercial); primary residence not required; restricted to certain zoning districts Type 3 Not owner-owner occupied; part of multifamily use; includes rental of entire dwelling limited to 25% of multifamily dwelling Type B Accessory STR 3-5 bedrooms; may include entire dwelling unit; subject to conditional use approval process Relatedly, nearly all of the communities (25, 93%) require that STRs be registered as businesses and require proof of business tax id number and payment of taxes as part of the STR licensing program. This standard allows STRs to be held to the same standards as other businesses and also helps communities generate additional revenue. Many of the communities (23, 85%) require STR operators to pay the same transient taxes as other commercial lodging facilities. Eighteen (67%) of the communities include specific penalties for violations of STR regulations. Some communities have an incremental fee structure for fines, where there is an initial fine for the first offense and fines increase as the number of offenses increases. New York, NY has incremental fines for STR-related offenses (1st offense: $1,000; 2nd offense: $5,000; 3rd Offense: $7,500). Santa Fe, NM charges $500 for the initial offense and treats each day of noncompliance as a separate offense subject to a $250 fine. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 20 of 67 TXT-1-18 Of particular interest in this brief comparative analysis of other communities is the City of New Orleans. New Orleans is the hub of the short-term market for the metropolitan area which includes Jefferson Parish. And as Figure 1 indicates, the City’s market is sizeable relative to other communities and especially compared to the parish. On December 1, 2016, the New Orleans City Council adopted STR regulations. Since April 1, 2017, the City has required STR operators to be licensed and adhere to various use standards based on license type (Table 6). Table 6. Summary of New Orleans STR licenses STR License Permit Types Type A Accessory Licensing Fees (Initial issuance and renewal) $200 Description Max. No. of Bedrooms Max. No. of Guests Neighborhood Restrictions Primary Residency Requirement Operator Type T Temporary $50 with homestead exemption; $150 without homestead exemption Type C Commercial $500 Rental of entire dwelling unit outside residential zoning districts 5 10 Prohibited in FQ, except 200-700 blocks of Bourbon Room or half of double with required presence of operator Whole-house up to 90 days per year 3 6 5 10 Prohibited in FQ Prohibited in FQ Yes; proof of homestead exemption No No Must be owner May be owner or renter Must be owner or designated in-town manager Significantly and as noted previously, Airbnb was willing to enter into an agreement with New Orleans and its draw as a tourist destination likely inspired this cooperation. New Orleans requires the online platforms to submit monthly reports to the City with listing information, and Airbnb, as part of its agreement, collects and remits sales, use, and hotel occupancy taxes for booking transactions. 55 Also, Airbnb deposits $1.00 of revenue collected from nightly occupancy of STRs into the City’s Neighborhood Housing Improvement Fund (NHIF). 56 To help facilitate the new regulations, New Orleans created a new division under the Department of Safety and Permits called STR Administration. Several new employees were hired to license STRs, investigate complaints, and track online listings. This division has created a STR registry of licenses, applications, and an online portal for fielding complaints. According to media reports, the division has been active with enforcement, citing numerous property owners with violations. Public hearings have been held and property owners charged with penalties. As of October 30, 2017, the City had issued 1,236 violations, charged approximately $217,000 in STR-related fines, and collected $650,000 in licensing fees. 57 Alexandria, LA Biloxi, MS Dekalb County, GA 55 New Orleans, (Louisiana) City of. Ordinance 27-218. December 1, 2016. New Orleans, (Louisiana) City of. Ordinance 27-210. December 1, 2016. 57 Peck, E. and C. Maldonado. (2017, October 30). “How Airbnb is pushing locals out of New Orleans’ coolest neighborhoods.” Huffpost and The Lens. Accessed October 30, 2017. http://thelensnola.org/2017/10/30/how-airbnb-is-pushing-locals-out-of-new-orleanscoolest-neighborhoods/ 56 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 21 of 67 TXT-1-18 Bed and Breakfast (B&B) Establishing a definition and use standards for B&Bs in the Jefferson Parish Code distinguishes B&Bs from STRs and other lodging types and addresses unique aspects of the use type. Planning staff reviewed the B&B regulations of 21 communities to identify best practices (Figure 9). Definitions Most communities have included the number of guest rooms and other characteristics in their B&B-related definitions. Like STRrelated definitions, B&B terms capture transient and commercial lodging aspects of the use by incorporating words like transient or compensation. Figure 9. Communities with B&B regulations Other communities have embedded operational standards into the definitions as well. Some examples of definitions are provided below: Dane County, WI Gretna, LA Gulfport, MS Kenner, LA Knoxville, TN Lafayette, LA Baton Rouge, LA Lake Charles, LA Memphis and Shelby County, TN Mobile, AL Mount Morris, NY New Orleans, LA Riverhead, NY Shreveport, LA Snohomish County, WA Terrebonne Parish, LA West Goshen Township, PA Westwego, LA Kenner, LA defines B&B as an owner-occupied residential structure, originally constructed as either a single-family or a two-family dwelling that has been converted to a single-family dwelling, which provides no more than three sleeping rooms for overnight paid occupancy of up to seven nights. Common bathroom facilities may be provided rather than private baths for each room. 58 Knoxville, TN defines bed and breakfast inn as a building maintained as a private residence and located in an historic overlay district, where the resident owner offers lodging to transient guests in no more than six (6) guest rooms, and where breakfast is the only meal offered to guests. 59 Memphis and Shelby County, TN define B&B as a permanently owner-occupied private home with a maximum of twelve (12) guest rooms furnishing temporary lodging and breakfast to paying customers. 60 Standards Several communities require that an on-site manager reside on the premises or be available at all times. Seven communities (33%) allow one on-premise sign for a B&B. Some communities allow meals to be served to paying guests, while others also allow food service to non-guests as long as the underlying zoning district allows restaurants. Seven communities (33%) restrict cooking facilities in guest rooms to ensure guest safety and minimize potential fire hazards. Ten (48%) of the communities have parking requirements, seven of which require at least one space per guest room. What this summary of approaches reveals is the variety of regulatory schemes across the U.S. Further, what is suggested is that communities take into account their unique situations, which is consistent with how the Parish’s Planning Department conducts its planning and zoning studies. These approaches help to inform the STR regulatory framework appropriate for Jefferson Parish. The following section expands upon the Parish’s general planning and zoning authority summarized above and frames the discussion with the information from other communities. The Parish’s Current Regulatory Framework As noted in the background, the Parish’s zoning regulations are rooted in its Home Rule Charter that dates to the late 1950s when the parish began its boom in suburban development. A conventional suburban development pattern, characterized by large areas of relatively homogeneous land uses, is still dominant today. This pattern is both a reflection of traditional zoning and the basis for a reasonable STR regulatory scheme. 58 Kenner, (Louisiana). City of. Code of Ordinances. Accessed https://library.municode.com/la/kenner/codes/code_of_ordinances 59 Knoxville, (Tennessee), City of. Code of Ordinances. Accessed https://library.municode.com/tn/knoxville/codes/code_of_ordinances 60 Memphis and Shelby, (Tennessee) County of. (amended 2016). Unified Development Code. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana September October 11,2017. 16, 2017. Page 22 of 67 TXT-1-18 Besides zoning, other regulatory provisions have a part in addressing short-term rental in the parish. The background listed the main chapters that contain these provisions in the Parish’s Code of Ordinances. Together with zoning, the provisions, codified by the Parish Council over the years, collectively aim to promote the health, safety, and general welfare. The ones that are particularly pertinent to a reasonable STR regulatory framework involve the Building Code, Hotels and Motels, Taxation, and Zoning. Building Code In safeguarding life and limb, health, property, and the public welfare, the Building Code, adopted by reference in Ch. 8 of the Code of Ordinances, includes technical codes: the International Building Code (IBC) and the International Residential Code (IRC). The IBC requires carbon monoxide detectors, smoke detectors, and residential sprinklers in hotels, motels, dwellings with more than two units including apartments, and one- and two-family dwellings over three stories. The IRC requires carbon monoxide detectors and smoke detectors in one- and two-family dwellings of three stories or less, and in owneroccupied lodging houses with five or fewer guest rooms. Many dwellings conducting short-term rental would fit the criteria of owner-occupied lodging houses. Generally, these requirements apply to new construction. While retrofitting an existing building with sprinklers may be costly, installing carbon monoxide detectors and smoke detectors is not burdensome and would promote safety in dwellings that house guests and thus increase occupancy regularly. Hotels and Motels The Parish Council asserted the public interest in well-maintained and operated hotels and motels when it created a distinct chapter in the Code of Ordinances for these lodging accommodations. With guest room requirements, operational standards, and licensing procedures, Ch. 17.5 establishes a reasonable framework for monitoring any type of lodging accommodation. Licensing of hotels and motels involves the Jefferson Parish Sheriff’s Office (JPSO), the Parish Attorney’s Office (PAO), the departments of Inspection and Code Enforcement (ICE) and Property Maintenance Zoning (PMZ). Together, these entities administer the licensing requirements: conduct criminal background checks (JPSO); confirm ownership, insurance, suspended or revoked licenses, and other information (ICE and PAO); and inspect facilities (PMZ). The licensing procedure includes a processing fee and annual renewal. PMZ issues citations for violations and, similar to the Parish’s procedure for alcoholic beverage outlets, a review committee and ultimately the Parish Council conduct hearings and take action on suspension and revocation of licenses. Regulating short-term rental often includes a licensing requirement as a key mechanism for keeping STRs in check. With Ch. 17.5, the Parish has this important part of the regulatory framework since short-term rental is a type of lodging accommodation, catering to travelers and transient guests like hotels and motels. Taxation Short-term rentals provide lodging accommodations for compensation. These commercial dealings make STR a business. As a business, a STR is required to have an occupational license, which involves being registered and in good standing with the Louisiana Secretary of State, having a registered trade name with the Parish Clerk of Court, obtaining a zoning clearance from the Parish, and paying the occupational license tax. As of July 1, 2016, STRs also are required to pay state sales taxes. State and Parish legislation established special hotel/motel taxes. Ch. 35 of the Parish’s Code of Ordinances references State statutes in imposing the one-percent hotel occupancy tax, and dedicates the use of the tax’s net proceeds to fund tourism-related programs and special events of the Jefferson Convention and Visitors’ Bureau. A discrepancy exists in the definition of “hotel” which renders unclear the specific application of this tax to short-term rental. Ch. 35 of the Parish’s Code of Ordinances states that the word “hotel” shall have the same definition as the one contained in the State statutes; however, La. R.S. § PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 23 of 67 TXT-1-18 46:338.201 (A)(2) defines hotel as “any establishment engaged in the business of furnishing or providing rooms intended or designated for dwelling, lodging, or sleeping purposes to transient guests, where such establishment contains ten or more guest rooms ….,” while La. R.S. § 47. 338.202 (A) defines it as a lodging establishment that contains two or more rooms. Short-term rental fits the general parameters for application of the hotel occupancy tax, consistent with other forms of lodging accommodations. What needs clarification in State statutes is the lodging intensity, as defined by the number of rooms, that triggers application of the tax to STR. Zoning As the basis for a reasonable regulatory framework, zoning provides both the text of landuse regulations and the map that depicts these regulations geographically. In keeping with this traditional approach, Jefferson Parish maintains its zoning regulations in Chapters 33 and 40 of the Code of Ordinances, and its Official Zoning Map adopted by reference into the Code and housed electronically in the Parish’s Geographic Information System. In the late 1950s the Parish Council adopted the Comprehensive Zoning Ordinance (CZO) as a Euclidean-based document, the standard at the time. As a reflection of the CZO, the zoning map depicted the Euclidean approach of districts characterized by relatively homogenous, segregated uses. This long-established planning and zoning framework still dominates the zoning text and map, which helped to shape the parish’s built environment. More recent sections of the zoning provisions are hybrid; i.e., they reflect some of the Euclidean model and also newer mixed-use, form-based elements of “Traditional” or “New Urbanist” approaches to land-use planning and regulation. Generally, then, the character of the parish’s built environment is a conventional suburban development pattern established and maintained by zoning and consistent with the Parish’s Comprehensive Plan. This pattern comprises large areas of single-uses in conventional zoning districts; for example, 12 of the 33 zoning districts allow residential dwellings primarily; 59 percent of zoned land is single-use residential; and 38 percent of zoned land is R-1A detached single-family residential zoning (Table 7). 61 Table 7. Zoning Districts and Dwelling Types Allowed Description & Permitted Uses Conventional Residential Primarily residential with schools, religious uses Zoning Districts Dwelling Types Allowed R-1A, R-1B, R-1C, R-1D, R-1MH, R-1TH 1-family S-1 & R-2 1- & 2-family R-1CO 1-,2-,3-, & 4-family RR-3 2-,3-, & 4-family R-3 2-,3-,4-, & 5+ family CD-R 1-, 2-, & 5+ family Conventional Commercial Primarily commercial with multifamily residential (5+ dwelling units) BC-1, BC-2, C-1, C-2, MUCD Conventional Industrial M-1, M-2, M-3, M-4, OW-1 Lodging Types Allowed None BC-1 & C-1: None 5+ family BC-2, C-2, & MUCD: Less than 5-family permitted hotels and motels allowed in mixed-use buildings subject to landscaping requirements None M-1 & M-2: hotels and motels, w/o standards 61 Planning Department staff conducted a spatial analysis, using ArcGIS software, to approximate area of residential zoning districts throughout Unincorporated Jefferson Parish. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 24 of 67 TXT-1-18 Description & Permitted Uses Zoning Districts Dwelling Types Allowed Industrial and warehousing; no residential Mixed-Use Wide range of uses from residential to light industrial Lodging Types Allowed OW-1: hotels and motels, subject to C-2 standards M-3 & M-4: None H-1 1-family GO-2 1- & 2-family H-2 2-,3-,4-,5+family GO-1 5+family OBM-1 1- family; 1- 2-, 3-, & 4-family in mixed use buildings FC-2 1-,2-,3-, 4-, 5+family in mixed-use building; 4- & 5+family OBM-2, FC-1, FC-3 1-,2-,3-, 4-, & 5+family in mixed use buildings only U-1S & U-1R 1-,2-,3-, 4-, & 5+family None FC-1 & FC-3: hotels OBM-2: none B&Bs, hotels, and motels w/o standards Yet, in Jefferson Parish as in other jurisdictions across the U.S., the conventional wisdom of use separation is undergoing refinement. Mixed-use zoning districts and standards are now common; they allow a mix of uses both vertically and horizontally in close proximity and create patterns similar to “traditional” neighborhoods built before World War II. Many comprehensive plans, including Jefferson Parish’s, encourage mixed-use development where appropriate, and the Parish allows mixed uses strategically where it is attempting to promote this pattern or where mixed uses create transitional areas between residential neighborhoods and commercial hubs or corridors. Mixed-use nodes and corridors in Jefferson Parish include Fat City, Bucktown, and Metairie Road. The remainder of the parish’s zoned land is either conventional commercial or industrial districts, i.e., zoning districts that allow primarily commercial or industrial uses in typical Euclidean fashion; or are mixed-use, allowing both residential and nonresidential uses. Also consistent with the Comprehensive Plan, these mixed-use districts are mapped strategically where the Parish is attempting to promote this pattern or where they act as transitional areas between residential neighborhoods and commercial corridors or hubs. Two types of lodging accommodation uses—hotels and motels and bed and breakfast establishments (B&Bs)—are listed as permitted uses in some commercial and mixed-use districts. Zoning regulations define hotels and motels as six or more rooms. While B&Bs are allowed in the U-1S and U-1R districts that are mapped in primarily undeveloped areas of the West Bank, B&B is not defined or subject to standards. Definitions and use standards are typical and necessary components of zoning. Besides hotels/motels and B&Bs, home occupations are a type of use, albeit accessory, that the Parish’s zoning ordinances address and strictly regulate to minimize their impacts in residential neighborhoods, as is common zoning practice. These accessory uses in homes are limited to a small portion of the total floor area, prohibited from having outside employees, and required to have additional parking, all of the following criteria administered with the intent of keeping residential neighborhoods residential: • Carried on by a person residing on premises • No outside employees • Maximum of 15% of total floor area • One additional parking space • Maximum two square feet of exterior signage Currently, the Parish’s zoning regulations do not allow lodging types as home PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 25 of 67 TXT-1-18 occupations. Tourist home, a use synonymous with B&Bs and STRs, are explicitly prohibited as a home occupation (Sec.33-5.3.8.5.). As Table 8 indicates, STRs exceed the intensity of most typical home occupations and do not fit the standard criteria for this type of accessory use. Table 8. Comparison of STRs and Typical Home Occupations Typical Home Occupation Usually operate during normal business hours Limited to small area of house Provide services to residents of the community Generally allowed in residential areas, as long as they don’t interfere with the lives of neighbors STR Involves 24/7 operation Usually involves entire home Serves persons who come from outside the community Has greater potential impacts on the neighborhood, including noise, parking, and trash Most of the permitted home occupations are by-right accessory uses to a dwelling. Home occupations such as hair care or nursery school that could be intensive uses are special permitted uses requiring approval by the Parish Council. These distinctions in permitting of home occupations illustrate the procedural component of zoning, by which the Parish can establish ministerial, quasi-judicial, or legislative development approval of land-use activities, including short-term rental. Zoning can be an integral part of the STR regulatory framework. FINDINGS Preceding sections provided STR background information and established the nature of the parish’s development and its regulatory framework relative to short-term rental. Further analysis concludes with the following stated findings from the preceding determinations. STR is a Business The business of short-term rental is lodging accommodation, catering primarily to travelers, tourists, or transient guests who pay the STR operator, whether property owner of renter, for a temporary place to stay. From the perspective of land use, zoning, and business regulation, treating short-term rentals like other lodging accommodation uses— hotels, motels, and B&Bs—is appropriate. Establishing where and how STR is allowed is consistent with the Parish’s overall regulatory approach to lodging accommodations and its purposes stated in related ordinances to promote public health, safety, and the general welfare. Long-standing Zoning Purposes Are Relevant The Parish’s long-standing approach to regulating the development and use of land is relevant to where and how short-term rental is allowed. Through adoption of zoning text and the official zoning map, the Parish Council traditionally has promoted land-use restrictions that protect the integrity of primarily residential neighborhoods. Likewise, the Parish’s industrial zoning promotes primarily low- and high-intensity industrial uses, thus conventionally does not allow residential uses which are incompatible with many industrial uses. Traditional provisions for protecting the integrity of single-use districts are prohibition of use or permitted use conditionally, subject to standards. These two zoning instruments are relevant to STR regulation in a conventional suburb like Jefferson Parish that promotes the integrity of its dominant land-use pattern. At the same time, the Parish encourages mixed-use neighborhoods or corridors where appropriate. This strategic planning approach, while more recent, also follows conventional methods of land-use permissions through by-right use, subject to standards. Like the Parish’s mixed-use zoning districts, its conventional commercial districts focus on mixed commercial and multiple-family residential. Even with the mixing of uses, the long-standing zoning purpose of compatibility among uses is paramount. STR is Not a Typical Home Occupation Like other communities, the Parish restricts typical home occupations to preserve compatibility in residential neighborhoods. Generally, home occupations are allowed in PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 26 of 67 TXT-1-18 residential areas as long as they do not interfere with the lives of neighbors. Typical home occupations, such as the office of an attorney or accountant, usually operate during normal business hours and provide services to residents or businesses of the community. Restrictions reflect these characteristics: they limit the activity of the home occupation to a small area of the house and prohibit employees who do not reside on the premises. By contrast, the activity of short-term rental is more likely to take place in the entire house and for extended hours of the day as guests come and go. Guests by their nature usually come from outside the community. In short, STR is more extensive and has greater potential impacts on the neighborhood than a typical home occupation, and these impacts include noise, traffic, and trash. Short-term rental can cross the threshold from an accessory residential use to a principal commercial use more easily. Because of its potential for greater intensity of activity and impact, STR is incompatible in the Parish’s conventional residential zoning districts and more compatible in its more dense and intense commercial and mixed-use zoning districts. Among the commercial and mixed-use districts, distinctions occur in intensity of land uses. For example, in comparing the two general office districts, the GO-2 mixes singlefamily and two-family residential with office and limited retail uses, while the GO-1 mixes more dense multiple-family residential with office and retail uses. Another example are the two conventional commercial districts. Both the C-1 and C-2 mix multiple-family residential with commercial uses, but the C-1 limits the size of retail and office spaces and prohibits more intense commercial uses. One of these uses is lodging accommodations, hotels and motels. Whether hotels and motels are allowed where short-term rental also is allowed should dictate a variation in STR regulations. A key STR regulation—requiring primary residence of the operator, a standard feature of home occupations—is pointless when a zoning district allows hotels and motels. The Parish Has a Regulatory Framework in Place Whether permitted, conditional, or prohibited, short-term rental can be regulated under the Parish’s existing regulatory framework, with some amendments to address particular features of STR. Seven chapters of the Code of Ordinances are the principle chapters that comprise this framework. As noted previously, these chapters can address fire safety and other life safety; operations; licensing; trash, noise, and other nuisances; and use restrictions and standards that promote public welfare. The Parish Council can amend these chapters to establish regulations for short-term rental, and later to revise them if necessary to address unforeseen issues or provisions of any agreements into which the Council enters with STR companies. Of the seven chapters, only zoning amendments to Chapters 33 and 40 require hearing and recommendation of the Planning Advisory Board. Regulations Should Facilitate Enforcement Any regulations are stronger if enforcement is effective. By its nature, short-term rental presents these challenges for enforcement: whether the owner or renter is home if presence of the operator is required; relatedly, whether a room or whole house is occupied if use of the whole house is restricted; the actual size of a group of guests if a cap on size is a standard; and the frequency or duration of rentals if these restrictions are included in STR regulations but the regulatory agency does not have the capacity to monitor platforms regularly. To ensure effective enforcement, the Parish should be judicious with standards and it should charge a STR licensing fee. Not every provision used by other communities is appropriate for the Parish’s regulatory scheme, and some standards require greater staff and other resources. Especially in larger STR markets, which does not characterize Jefferson Parish at this time, the cooperation of STR companies that share data or provide other services facilitate enforcement. The City of New Orleans is perhaps one of the largest STR markets in the U.S., given the prominence of tourism in its economy. As a 300-year-old city, New Orleans also has PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 27 of 67 TXT-1-18 greater heterogeneity in its built environment. It opted for a relatively complex STR regulatory approach that appears to take into account these characteristics. Jefferson Parish’s STR market is secondary to the City’s sizable one, and its development character is more homogeneous. Both of these factors point to the appropriateness of a simpler regulatory scheme. New Orleans’ agreement with Airbnb appears to facilitate enforcement of its relatively complex regulatory framework. Regardless of formal cooperation from STR companies, the Parish’s framework should comprise provisions and standards that address the parish’s planning and regulatory purposes without being overly burdensome to Parish staff or the public. PLANNING DEPARTMENT RECOMMENDATION Based on the preceding background, analysis, and findings, the Planning Department makes the following recommendation for short-term rental (STR): • Prohibit STR in single-use residential zoning districts, i.e., those conventional residential districts that allow primarily residential uses with a few secondary, compatible nonresidential uses like schools and religious institutions; • Allow STR in conventional commercial and mixed-use zoning districts where a mix of residential and commercial uses are allowed; • Prohibit STR in industrial zoning districts where typically residential and industrial uses are incompatible; • Establish use standards for Bed & Breakfast (B&B) establishments and STR where allowed;  B&B as a specific use  STR as a quasi home occupation • Add definitions for B&B, STR, and related terms • Apply existing operational standards, licensing requirements, and taxation to B&B and STR consistent with hotels and motels; • Apply existing enforcement provisions to address zoning and licensing violations; • Clarify that STR regulations do not apply to long-term rental of at least 30 consecutive days. An alternative to prohibition of short-term rental in the single-use residential zoning districts is conditional use, also called special permitted use. The conditional use procedure would entail case-by-case evaluation of property’s owner’s STR applications, public hearing by the Planning Advisory Board, and Council approval before a property owner could do STR. Generally, conditional use applies to uses that are subject to particular standards because they have unique characteristics or potential impacts on adjacent and nearby land uses. Additional measures and conditions can be applied to a conditional use, including that the conditional use permit be renewed regularly. The following commentary expands on the Planning Department’s recommendation. Zoning Generally The Planning Department’s recommendation, which encompasses zoning and other provisions of the Jefferson Parish Code of Ordinances, starts with the premise that shortterm rental is a business that generally is not compatible with the homogeneous residential character of many of Jefferson Parish’s neighborhoods. In keeping with this finding, the department recommends that STR be prohibited in all of the conventional residential zoning districts, i.e., the zoning districts that emphasize single-use residential dwellings (Table 9). Subject to use standards, however, STR is compatible in mixed-use and commercial districts where residential and commercial uses either already co-exist or are promoted. As a principal use, lodging accommodations--B&Bs, hotels, and motels—are allowed by right in several commercial and mixed-use zoning districts (Table 9). The conventional commercial districts and some of the mixed-use districts allow only multiple-family residential—a dwelling with five or more dwelling units—or any number of dwelling units above the ground floor in a mixed-use building, as the residential component of mixed commercial and residential districts. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 28 of 67 TXT-1-18 Other of the mixed-use districts—the GO-1, OBM-1, H-1, H-2, U-1S, and U-1R—allow single-, two-, three-, and/or four-family residential uses. So while the Planning Department’s recommendation emphasizes multiple-family residential for use as shortterm rental, other types of dwelling units would be able to engage in STR in certain districts as a by-right use subject to standards. The exception to by-right use would be in the U-1S zoning district, where STR would be subject to conditional use approval consistent with the current approval process for most uses in this mixed-use zoning district. While mixed-use districts and conventional residential and commercial districts allow residential dwellings in various capacities, conventional industrial zoning districts prohibit residential uses, except accessory housing for workers on the site (Table 9). The potential use and storage of hazardous materials and high intensity of certain manufacturing processes present potential safety hazards for residential uses, which is why industrial zoning regulations typically prohibit residential uses. Table 9. Proposed Zoning Restrictions for STRs Description Zoning Districts Proposed Conventional Residential S-1, R-1A, R-1B, R-1C, R-1D, R-1MH, R-1TH, R-2, RR-3, R-1CO,R-3, CD-R Restrict, either by prohibiting or making STR conditional use subject to standards and Council approval Conventional Commercial BC-1, BC-2, C-1, C-2, MUCD Allow subject to standards Conventional Industrial M-1, M-2, M-3, M-4, OW-1 Prohibit Mixed Use H-1, H-2, GO-1, GO-2, OBM-1, OBM-2, FC-1, FC-2, FC-3, U-1S, U-1R Allow subject to standards, except U-1S where STR would be conditional use The zoning districts established in Chapters 33 and 40 would specify STR as prohibited, allowed, or conditional under the home occupation provisions, although for all of the reasons cited previously STR is a quasi home occupation. Although traditionally operated in a home, B&B is a distinctly recognized commercial use that differs from STR in two principal ways: a manager is always on the site and more than one party at a time can occupy multiple rooms. Some B&Bs serve meals to nonguests similar to restaurants. The Planning Department’s recommendation captures the distinctions in definitions and use standards, and further classifies B&B as a use in the Master Use Matrix of Ch. 33 rather than as a quasi home occupation. In summary, the Planning Department recommends prohibiting STR in conventional single-use residential zoning districts: S-1, R-1A, R-1B, R-1C, R-1D, R-1MH, R-1TH, R-2, RR-3, R-1CO, R-3, and CD-R; and prohibiting STR in conventional industrial zoning districts: M-1, M-2, M-3, M-4, and OW-1 (Table 9). The Planning Department recommends allowing STR in mixed-use and commercial districts: BC-1, BC-2, C-1, C-2, MUCD, H-1, H-2, GO-1, GO-2, OBM-1, OBM-2, FC-1, FC-2, FC-3, U-1S, and U-1R, as permitted uses by right, except as a conditional use in the U-1S, subject to standards (Table 9). The Planning Department does not recommend any changes to zoning districts for B&B. Use Standards The Code of Ordinances establishes supplemental standards and conditions for particular uses, structures, and facilities, or to provide alternative forms of development. The purposes of these types of provisions are to: • Protect surrounding property values and uses, • Produce a distinct pattern of development, PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 29 of 67 TXT-1-18 • Protect the public health, safety, and general welfare; and • Implement the Comprehensive Plan (Sec.33-5.1.). The Planning Department proposes standards that are consistent with these purposes, address key concerns, and attempt practicality of enforcement. It recommends the following use standards for STR: • Apply certain standards from standards for home occupations, e.g., one additional parking space and no outside employees; • Require primary residence of the operator, except in zoning districts that allow hotels and motels; • Prohibit the use of STRs for meetings, banquets, parties, weddings, fundraisers, and similar events; • Prohibit STR in recreational vehicles or travel trailers to be consistent with existing regulations that restrict recreational vehicles from being occupied or used for living, sleeping, or housekeeping purposes; • Prohibit external evidence that the building or dwelling unit is being used as a STR; and • State that STRs are also subject to provisions of Chapter 17.5, Chapter 20, and Chapter 35 to clarify that additional provisions of the Jefferson Parish Code of Ordinances apply to STRs (Table 10). Table 10. Proposed Standards for STRs Proposed Standard Apply standards, e.g. one additional parking space and no outside employees Require primary residence of the operator, except in zoning districts that allow hotels and motels Prohibit the use of STR for meetings, banquets, parties, weddings, fundraisers, and other events Prohibit STR in recreational vehicles or travel trailers Prohibit external evidence that building or dwelling unit is being used for STR Subject STR to provisions of Chapter 17.5, Chapter 20, and Chapter 35 Purpose Limit level of commercial activity and minimize impact on adjacent residential uses Discourage the buying or renting of multiple residential properties for STR use where commercial and mixed-use is less intense, such as in C-1. Do not require primary residence where commercial and mixed-use is more intense and hotels and motels of similar function are allowed, such as in C-2 Discourage use of STR for “party houses” and limit the generation of excess trash, noise and traffic Is consistent with existing regulations that restrict recreational vehicles from being occupied or used for living, sleeping, or housekeeping purposes (Sec.40-661) Preserve the residential character of the dwelling unit Hold STRs to similar standards as other lodging accommodation uses, ensure guest safety, and provide a means of enforcement for violations Although Ch. 33 establishes the bed and breakfast use, it does not provide B&B use standards to minimize potential impacts or address unique characteristics of the use. The Planning Department recommends that B&B standards be added to the Code (Table 11). • Require a manager to reside on-premises to help ensure adequate supervision of multiple parties at a given time; • Allow meals to be served to registered guests provided that all applicable parish and state codes for food services are met to be consistent with other communities and addresses a unique aspect of this type of use; • Prohibit cooking facilities in individual guest rooms to minimize potential fire safety hazards for guests; • Restrict rental of common areas to help minimize the need for additional onsite or offsite parking; • Allow one non-illuminated wall sign to help guests differentiate these types of establishments from other dwellings without deterring from the residential character of the residential structure; • Require one off-street parking space per each guest room plus one additional space for on-site manager to address parking needs; and PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 30 of 67 TXT-1-18 REVISED 1/25/2018 • State that B&Bs are also subject to provisions of Chapter 17.5, Chapter 20, and Chapter 35 to help clarify that additional provisions of the Jefferson Parish Code of Ordinances apply to B&Bs. Table 11. Proposed Standards for B&Bs Purpose Ensure adequate supervision of multiple parties at a given time Allow meals to be served to registered guests, Establish food service and safety as an aspect and reference all applicable parish and state of this use codes for food services Prohibit cooking facilities in individual guest Minimize potential fire safety hazards for guests rooms Minimize the generation of excess trash, noise, Restrict rental of common areas and traffic Help guests differentiate these establishments Allow one (1) non-illuminated wall sign from other buildings without diminishing the residential character of the structure Require one (1) off-street parking space per Address parking needs associated with the use each guest room plus one (1) additional space for on-site manager State that B&Bs are also subject to provisions Clarify that additional provisions of the Jefferson of Chapter 17.5, Chapter 20, and Chapter 35 Parish Code of Ordinances apply Proposed Standard Require a manager to reside on premise To achieve this recommendation, the Planning Department recommends the following more specific ordinance amendments: • Amend Sec. 33-3.50. Mixed-use base zoning districts use matrix to clarify that B&Bs are allowed in the U-1S subject to supplemental use standards (#4, pg. 53) • Amend Sec. 33-5.3. Specific use standards to add a new subsection Sec.33-5.3.4. Bed and breakfasts (LBCS Function Code 1310) (#6, pg. 54) • Amend Sec. 33-5.3.8.5. Prohibited Home Occupations (renumbered as Sec.335.3.9.5) to add STR as a prohibited home occupation, allowed subject to certain restrictions, including:  STR is restricted as either prohibited or conditional use in the conventional residential and industrial zoning districts  STR shall be permitted in the conventional commercial and conventional mixed use zoning districts  Provisions for STRs permitted as exceptions  Use standards for STRs permitted by-right or as conditional use  Amortization(#6, pg. 54) • Amend Sec. 40-642 Permitted Uses (U-1R) to clarify that B&Bs are permitted by-right, subject to standards (#16, pg. 61) • Amend Sec. 40-662 Off-street parking requirements to include parking requirements for B&Bs (#17, pg. 62) • Add a new Sec. 40-752. Regulations for home occupations, including zoning restrictions for STRs (#18, pg. 62)  STR is restricted as either prohibited or conditional use in the conventional residential and industrial zoning districts  STR shall be permitted in the conventional commercial and conventional mixed use zoning districts  Provisions for STRs permitted as exceptions  Use standards for STRs permitted by-right or as conditional use (U-1S)  Amortization(#18, pg. 62) • Add a new Sec. 40-753. Regulations for bed and breakfasts (#18, pg. 65) These recommendations for general zoning provisions and use-specific standards support the following goal, objectives and policies of the Comprehensive Plan: • Vision Statement: Strengthen and diversify commercial areas to provide goods and services for residents throughout the region in commercial and mixed use centers. • Goal 1: Provide for a sustainable urban environment that will support and enhance neighborhoods and businesses, and accommodate their growth. • Objective 1.1: Ensure the long-term vitality of residential neighborhoods by regulating PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 31 of 67 TXT-1-18 development compatibility. • Policy 1.1.1: Protect established residential, commercial, and industrial areas of Jefferson Parish from encroachment by incompatible development. • Policy 1.3.1: Protect existing residential areas from the encroachment of incompatible uses. • Policy 1.4.1: Promote mixed-use development that compatibly integrates and improves access between commercial, residential, and other uses. • Policy 2.3.4: Ensure that low intensity commercial uses adjacent to residential uses maintain the residential character and scale, and mitigate the effects of non-residential traffic into the adjacent neighborhoods. • Policy 4.4.4: Protect existing and zoned industrial lands from unnecessary intrusion by conflicting land uses. • Policy 4.5.6: Encourage mixed-use commercial developments with the flexibility to respond to changing economic needs. • Policy 5.1.3: Ensure that all residential properties are maintained through consistent and systematic code enforcement. • Policy 4.5.6: Encourage mixed-use commercial developments with the flexibility to respond to changing economic needs. • Objective 1.3: Discourage the conversion of stable residential neighborhoods to nonresidential neighborhoods. • Objective 1.5: Protect existing residential neighborhoods from illegal land use activities through code enforcement. • Policy 3.3.1: Support existing housing in commercial areas by accommodating conversions. • Objective 3.2: Apply clear, uniform, development-appropriate infrastructure standards and review processes which support both private and public interests in the development of housing. • Objective 3.3: Adopt land use policies which contribute as little as possible to the cost of housing while maintaining plan integrity and the public welfare. • Policy 3.3.4: Authorize mixed use development in commercial areas and devise incentives for the development of residential units, including, but not limited to, density bonuses, less stringent parking requirements, and setback modifications. Definitions Currently, the Jefferson Parish Code of Ordinances does not define B&Bs or STRs. Adding definitions for these lodging types is essential for clear distinctions between these uses and hotels and motels, and these uses and the long-term rental of a dwelling unit. Related terms need to be defined as well. As applied in other communities, proposed definitions would capture the commercial, lodging, and residential aspects of these uses and the duration of guest stay. Definitions for camps (fishing and/or hunting), local responsible party, primary residence, and transient guest would aid in the interpretation of proposed STR regulations. Camp (fishing and/or hunting) represents a unique dwelling type that is usually found in low-lying areas outside of the levee protection system. Adding a definition for this dwelling type would distinguish a camp from the more typical dwelling unit. The local responsible party is an individual who can handle issues related to a STR on behalf of the operator. Adding a definition for this term would clarify the specifications and responsibilities associated with this position. Primary residence is not currently used or defined in the Jefferson Parish Code. As seen in the STR regulations of other communities, primary residence is defined in various ways. Defining primary residence as the location where an individual resides for more PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 32 of 67 TXT-1-18 REVISED 1/25/2018 than 50 percent of the calendar year is consistent with definitions used in federal law and by federal disaster agencies. 62,63 Replacing the term guest with transient guest and expanding the definition to include the IBC definition of transient would establish a clearer distinction between short-term guests and long-term visitors. Table 12. Proposed Terms and Definitions Short-term rental (STR) A dwelling unit which provides less than for overnight lodging to no more than one (1) party of transient guests at a time, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days Bed and breakfast (B&B) A manager-occupied residential structure containing less than six (6) guest rooms that is rented for overnight lodging with or without meals to one (1) or more parties of paying or non-paying transient guests, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days Camps, fishing and/or hunting A building that provides facilities for fishing, hunting or related activities and used as a dwelling unit for the owner or overnight lodging to paying or nonpaying guests Local responsible party An individual who has his or her primary residence in or maintains a physical office in Jefferson Parish, its municipalities, or the City of New Orleans during the entire length of the short-term rental period; responds to and handles issues from guests or neighbors in connection with the activities of a short-term rental; has twentyfour (24) hour access to the short-term rental premises; and is authorized to make decisions regarding the licensed premises Primary residence A location where an individual resides for more than fifty (50) percent of the calendar year Transient guest A person who resides at a place other than his usual place of residence for no more than thirty (30) consecutive days Amendments to current definitions of family and home occupation would aid in the interpretation of STR regulations. The current definition of family is outdated. Modifying the definition of this term to include a broader group of households as any persons living together in a single dwelling unit would account for current patterns in residential occupancy. Most of the provisions related to home occupations are buried in the current definition in Chapter 40, which is not consistent with best practice. Home occupation currently is not defined in Chapter 33, but detailed provisions are provided in Sec. 33-5.3.8. which the Parish Council added recently as part of a broader revision to Chapter 33. Creating a succinct definition for home occupation that captures the commercial and incidental nature of the use in both Chapter 33 and Chapter 40 would address the cumbersome nature of the current definition. Adding a separate section with provisions for home occupations would be consistent with the standards currently established and organized in Chapter 33. The current definitions for hotel and motel in Chapter 17.5 are inconsistent with the definitions provided in Chapter 33 and Chapter 40 (Table 13). The definitions of hotels and motels in Chapter 17.5 do not specify the number of guest rooms and reference several building types. As written, these definitions may be interpreted as applicable to STRs and/or B&Bs. Clarifying that the number of guest rooms in both hotels and motels is six (6) or more and removing the words “unit” and “dwelling” would help differentiate these uses from B&Bs and STRs. These modifications also would improve consistency with Chapters 33 and 40 while maintaining the level of detail necessary to apply these terms in Chapter 17.5. 62 Federal Emergency Management Agency (FEMA). (2017, April) NFIP Flood Insurance Manual. (Primary residence means “…a single family building, condominium unit, apartment unit, or unit within a cooperative building that will be lived in by the policyholder or the policyholder’s spouse as where a person resides for more than 50% of the 365 calendar days of the year...”) 63 44 C.F.R. § 206.101. (Primary residence means the dwelling where the applicant normally lives during the major portion of the calendar year) PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 33 of 67 TXT-1-18 Guest room, operator, manager, registrant, registration, and verified call for service are defined in Chapter 17.5 and specifically include “hotel” and “motel” as part of their definitions. Modifying definitions for guest room, operator, manager, registrant, registration, and verified call for service to include B&Bs and STRs would make existing provisions applicable to the broader group of lodging accommodation types. Table 13. Existing and Proposed Definitions for Hotels and Motels Existing Term Hotel Motel Proposed Chapter 33 & 40 Chapter 17.5 Chapter 17.5 A building containing six (6) or more guest rooms where access to individual units is from interior lobbies, courts, or halls, and which are used, rented, or hired for lodging or sleeping purposes by transient guests Any unit, dwelling, building, or group of buildings within a single complex of buildings, which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants, and which is recognized as a hotel by the public or by the industry A building or group of buildings within a single complex of buildings containing six (6) or more guest rooms where access to individual units is from interior lobbies, courts, or halls, and which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants, and which is recognized as a hotel by the public or by the industry A building or group of buildings containing six (6) or more guest rooms where access to individual units is from exterior walkways or courts and which are used, rented, or hired for lodging or sleeping purposes by transient guests Any unit, dwelling, building, or group of buildings within a single complex of buildings, which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants which offer rental units with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit which is recognized as a motel in the community in which it is situated or by the industry A building or group of buildings within a single complex of buildings containing six (6) or more guest rooms where access to individual units is from exterior walkways or courts, and which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants and offer daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, and a bathroom or connecting bathroom for each rental unit which is recognized as a motel in the community in which it is situated or by the industry To achieve this recommendation, the Planning Department recommends the following more specific ordinance amendments: • Amend Sec.17.5-1. Definitions (renumbered as Sec.17.5-13.) to:  Add new definitions: - Bed and breakfast (B&B) - Camp (fishing and/or hunting) - Local responsible party - Primary residence - Short-term rental (STR)  Modify definition of hotel and motel to include the number of guest rooms and be more consistent with definitions provided in Ch.33 and 40 of the Code;  Replace guest with transient guest to emphasize temporary nature of the term;  Modify definition of PMZ and pre-approved identification system;  Make the following definitions applicable to B&Bs and/or STRs: - Guest room PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 34 of 67 TXT-1-18 - Operator - Registrant - Registration records - Verified call for service (#1, pg. 51) • Amend Sec.33-10.2. Definitions applicable to this entire UDC to add the following new definitions:  Bed and breakfast (B&B)  Camp (fishing and/or hunting)  Home occupation  Operator  Primary residence  Short-term rental (STR) (#7, pg. 57) • Amend Sec. 33-3.4.4. Master Use Matrix to modify update LBCs classification and description for bed and breakfasts (#3, pg.54) • Amend 40-3. Definitions to:  Add the following new definitions: - Bed and breakfast (B&B) - Camp (fishing and/or hunting) - Operator - Primary residence - Short-term rental (STR)  Modify existing definitions for family and home occupation (#10, pg. 58) Licensing As noted previously, Chapter 17.5 Hotels and Motels provides a regulatory framework for hotels and motels. The Planning Department recommends amending this chapter so that it applies to short-term rental and bed and breakfast in addition to hotels and motels; in short: • Rename the hotel/motel chapter, license, and review committee to accommodate a broader group of lodging accommodations; • Add an applicability section in Chapter 17.5 to clarify what types of lodging facilities are subject to the provisions of Chapter 17.5; • Modify existing standards for hotels and motels in Chapters 17.5, 20, and 35 to apply to B&Bs and STRs, as necessary; and • Add new standards and application requirements for B&Bs and STRs to address unique aspects of these uses that are not currently addressed in the existing regulations. To achieve this recommendation, the Planning Department recommends the following more specific ordinance amendments: • Rename Chapter 17.5 from Hotels and Motels to Lodging Accommodations; rename hotel/motel license to lodging accommodation license; and rename hotel/motel review committee to lodging accommodation review committee (#1, pg. 42) • Move subsection entitled, Definitions, to the end of the Chapter and re-number to Sec. 17.5-13.) (#1, pg. 50) • Add new subsection, Sec.17.5-1. Applicability, to clarify that the provisions of Chapter 17.5 are:  Not applicable to long-term rental of a dwelling unit for thirty (30) consecutive days or more (#1, pg. 42)  Applicable to hotels, motels, B&Bs, and STRs, except: - STRs related to film production; - STRs related to fishing and/or hunting camps located on the unprotected side, or within the three hundred (300) feet of any designated protection levee or the Jefferson Parish Urban Growth Limit Line; and - STRs in operation prior to [date of adoption] and the termination of the amortization period • Amend Sec. 17.5-2. Guest room minimum requirements to apply certain existing standards to B&Bs and STRs and add new standards for STRs (#1, pg. 42) • Amend Sec. 17.5-3. Operational standards to apply certain standards to B&Bs and STRs (#1, pg. 43) • Amend Sec. 17.5-4. Inspection of facilities to apply standards to B&Bs and STRs (#1, PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 35 of 67 TXT-1-18 pg. 44) • Rename Sec.17.5-5. Hotel/Motel license required; annual renewals with License required for a bed and breakfast, hotel, motels or short-term rental; annual renewals and amend provisions to apply to B&Bs and STRs (#1, pg. 44) • Amend Sec.17.5-6. Application, fees and requirements to apply certain requirements to B&Bs and STRs (#1 pg. 45) • Amend Sec. 17.5-7. Display of license to apply certain requirements to B&Bs and STRs (#1, pg. 47) • Rename Sec. 20-65. Hourly rental of hotel and motel rooms prohibited to Hourly, rental of hotel, motel, bed and breakfast, and short-term rental, amend certain standards to apply to B&Bs and STRs (#2, pg. 52) • Amend Sec. 35-158. Separate license required for each location, based on primary class of business, to make certain occupational tax requirements applicable to B&Bs and STRs (#8, pg. 57) • Amend Sec. 35-179. Businesses where license are based on a flat rate, to make certain occupational tax requirements applicable to B&Bs and STRs (#9, pg. 57) Renaming the chapter’s title, licensing provisions, and review committee as “lodging accommodations” would make the provisions applicable to the broader group of lodging accommodation types, including bed and breakfast establishments and short-term rental uses (Table 14). Table 14. Existing and Proposed Titles Category Chapter 17.5 Title License Review Committee Existing Hotels and Motels hotel/motel license hotel/motel review committee Proposed Lodging Accommodations lodging accommodation license lodging accommodation review committee Adding an applicability section would also help clarify the types of lodging accommodations that are subject to the provisions of Chapter 17.5. Secs. 17.5-2, 17.5-3, and 17-5-4 include guest room requirements, operational standards, and inspection provisions for hotels and motels. Many of these existing standards for hotels and motels should be applicable to B&B and STRs, but other of these existing standards are not appropriate for STRs (Table 15). Land-line telephones may not be present in STR dwelling units, and requiring an operator to add an additional phone line for the sole purpose of STR use would be onerous. Requiring maintenance by a pest control company is not necessary given the comparatively limited size of STRs. Required supervision by a manager in a STR would limit the type of STR listings to hosted sharing, which would add to the complexity of enforcement and is not a necessary restriction. As an alternative, the Planning Department recommends that a local responsible party be designated and be available to respond on behalf of the STR, if needed. New provisions, not currently addressed in the current regulations, should be added to address STRs and B&Bs specifically. A STR should be required to provide a brochure that includes contact information of the operator and a local responsible party—an individual designated to respond to emergencies or issues related to the rental—and pertinent information about the neighborhood. The brochure should be posted in a conspicuous location to ensure it is accessible to guests. Since the IRC and IBC require all residential occupancies to have carbon monoxide and smoke detectors, it is appropriate to make this requirement explicit for B&Bs and STRs. The installation of carbon monoxide and smoke detectors and the provision of fire extinguishers can be verified by the Parish in the initial inspection. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 36 of 67 TXT-1-18 Table 15. Ch. 17.5 Existing and Proposed Guest Room Requirements, Operational Standards, and Inspection Provisions Category Guest room minimum requirements (must meet all applicable building codes, property maintenance laws and state health laws) Operational Standards Inspections Existing Proper entry door, windows, bedding Toilet room, lavatory, bathroom Heating or air conditioning Clothes closet 24 hour free emergency telephone access Supervised by manager or designee at all times Regularly maintained by pest control company Evidence of guest identity and maintenance of registration records References to Sec. 20-65 Prohibition of the rental of a room for less than twelve (12) hours (references Sec. 20-65) PMZ and JPSO authorized to conduct inspections Proposed Make existing Make existing applicable to applicable to B&Bs STRs Y Y Y Y Y Y Y Y Y N Y N Y N Y Y Y Y Y Y Secs. 17.5-5. and 17.5-6. outline the process and application requirements for obtaining a hotel/motel license. Amending these sections to include B&Bs and STRs would subject these lodging accommodations to the same licensing procedures and similar application requirements as hotels and motels. As noted previously, several departments play a role in the Figure 10. Existing Licensing Process for Hotels and Motels hotel/motel application review process: Department of Inspection and Code Enforcement (ICE); Jefferson Parish Sheriff’s Office (JPSO); Parish Attorney’s Office (PAO); and Department of Property Maintenance of Zoning (PMZ). As Figure 10 illustrates, ICE receives the application, JPSO conducts the criminal background checks, PAO verifies license and business status, and PMZ conducts the initial inspection. Once all documentation is reviewed and approved, ICE issues the license. Hotels and motels are required to pay a $50 fee for a hotel/motel license. Requiring B&Bs and STRs operators to pay a higher upfront licensing fee, which the Planning Department recommends at $350, is appropriate for one key reason: the volume of STR uses is potentially greater than the number of hotels and motels, thus resulting in greater expenditure of Parish resources in licensing and monitoring them. The higher fee will help to offset the Parish’s administrative services. Additionally, STR may be exempt form paying hotel occupancy taxes, depending on State statutes. Through the lodging accommodation licensing process and initial inspection, Parish offices can verify several standards and requirements. In addition to the existing PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 37 of 67 TXT-1-18 REVISED 1/25/2018 application requirements of Chapter 17.5, application requirements specific to STRs are necessary for effective regulation. Operators would be required to provide the following: • Proof ownership or permission of owner in the form of an Act of Sale (if owner) or notarized affidavit executed by the owner giving permission to the renter for STR use and a copy of lease; • Proof of primary residency (if required by the underlying zoning district) in the form of Homestead Exemption if the owner; or, if renter, two other forms of identification that match the address of the STR; and • Designation of the local responsible party in the form of an affidavit executed by the operator; and • Proof of general liability insurance as a necessary requirement to address potential safety concerns and liability issues. Liability should have pre-set limits of $500,000 dollars, which is consistent with best practice and liability requirements established by the City of New Orleans, to cover potential losses from accidents, fire, or any other emergency events. Sec. 17.5-7. requires that the hotel/motel license be conspicuously displayed in the office or lobby of hotel and motel establishments. The existing provisions should be made applicable to B&Bs and STRs with slight modifications since additional advertisement standards are necessary to address on-line listings for STRs. The rental license number should be included on all on-line listings. The overall recommendations for Ch. 17.5 support the following goal and policies of the Comprehensive Plan: • Policy 2.3.4: Ensure that low intensity commercial uses adjacent to residential uses maintain the residential character and scale, and mitigate the effects of non-residential traffic into the adjacent neighborhoods. • Goal 4: Provide suitable and adequate opportunities for commercial and industrial development that is convenient, visually pleasing and environmentally sound. • Policy 1.7.2: Ensure that existing housing is maintained in a decent, safe, and sanitary fashion through the enforcement of health, safety, building and zoning laws. Enforcement Enforcement provisions in place address both zoning and licensing violations and are established in two chapters of the Code of Ordinances: 2.5 and 17.5. The Planning Department recommends that the existing enforcement provisions be made applicable to STRs and B&Bs, with the following changes: • Amend review procedures for licensing violations in Chapter 17.5 to apply to B&Bs and STRs; • Members of the proposed lodging accommodation review committee be appointed to facilitate enforcement of existing provisions and proposed amendments to Chapter 17.5; and • That the proposed $350 licensing fee for STR and B&B be used to defray monitoring and enforcement costs. Zoning violations are handled through the Bureau of Administrative Adjudication (BAA) process outlined in Chapter 2.5. This chapter authorizes sworn hearing officers to hear and decide on public health, housing, fire code, environmental, or historic district ordinance violations. Hearing officers can charge penalties in the form of fines, ordering violators to take corrective measures during an allotted period of time, and/or placing liens on immovable property. PMZ is the department in charge of investigating zoning complaints and issuing citations. The BAA hearing process involves a notice of violation posted on the property and mailed to the property owner at least twenty days prior to the scheduled hearing, public notice at least fifteen days prior to the public hearing, and ruling by the hearing officer. Appeals to decisions of the hearing officer may be made to the 24th Judicial District Court within thirty days of the signed decision. Zoning violations related to STR would be subject to the BAA hearing review process. Some examples of STR-related zoning violations include: PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 38 of 67 TXT-1-18 • Operating without a valid lodging accommodation license; • Operating in a zoning district that does not allow STR; • Operating without a valid approval in a zoning district that allows STR subject to conditional use; or • Not being in compliance with use standards. Ch. 17.5, Secs. 17.5-8. through 17.5-12., provide a detailed set of procedures for handling hotel/motel licensing violations that should be applied to B&Bs and STRs. This process involves an appointed committee now called the hotel/motel review committee that may preside over hearings and make recommendations to the Parish Council on whether a hotel/motel license should be revoked. This committee has not needed to be appointed, but could be created to facilitate existing enforcement procedures for STR and other lodging accommodation regulations, functioning much like the committee for alcoholic beverage outlets and enforcement of their licensing requirements. PMZ logs and investigates nuisance complaints and issues citations for specific types of violations. B&Bs and STRs should be issued citations for many of the same violations as hotels or motels with some minor adjustments. The main adjustment should be to the number of calls to JPSO that constitutes a violation. Due to the fewer number of guest rooms associated with B&Bs and STRs, five calls instead of ten is a more reasonable number to constitute a violation. Additionally, failing to list identification on on-line advertisements should be added as a new type of licensing violation for STRs (Table 16). Table 16. PMZ Issues Citations For Violations Existing Refusal to remedy building code Failure to renew license Reports of nuisances/complaints 10+ verified calls of service to JPSO N/A Proposed: Apply to B&Bs and STRs Y Y Y 5+ verified calls of service to JPSO For STR only: Failure to list ID of STR on online platforms listings As part of the hearing process for licensing violations after a citation is issued, the property owner is issued a summons no less than 48 hours prior to the scheduled hearing date. As specified currently, the hotel/motel review committee would make a recommendation to the Council on whether the license of the subject establishment should be revoked. A majority vote of the Council is needed for suspension or revocation of the license. No appeals are allowed after final action is taken. This process was established in 2009 but, as noted, has not been tested. Chapter 17.5 Lodging Accommodations Sec. 17.5-1. Applicability Sec.17.5-2. Guest room minimum requirements Sec. 17.5-3. Operational standards Sec. 17.5-4. Inspection of facilities Sec. 17.5-5. License required for a bed and breakfast, hotel, motel, or short-term rental Sec.17.5-6. Application, fees, and requirements Sec.17.5-7.Display of License Sec.17.5-8. Lodging accommodation license-Suspension or revocation Sec.17.5-9. Procedure for and effect of suspension Sec.17.5-10. Notice of revocation or suspension of lodging accommodation license Sec.17.5-11. Lodging accommodation license –Surrender following revocation Sec.17.5-12. Violation- Penalty Sec.17.5-13. Definitions Figure 11. Proposed Ordering for Chapter 17.5 Specific amendments recommended to Ch. 17.5 related to licensing include the following: • Amend the title of Sec. 17.5-8. Hotel/motel license- suspension or revocation to Lodging Accommodation licenseSuspension or revocation and amend provisions to apply to B&Bs and STRs (#1, pg. 48) • Amend Sec. 17.5-9. Procedures for and effect of suspension, revocation to apply to B&Bs and STRs (#1, pg. 48) • Replace title of Sec. 17.5-10. Notice of revocation or suspension of hotel/motel license with Notice of revocation or suspension of lodging accommodation license and amend provisions to applicable to B&Bs and STRs (#1, pg. 50) • Amend title of Sec. 17.5-11. Hotel/motel license- Surrender following revocation with Lodging Accommodation license-Surrender following revocation amend provisions to be applicable to B&Bs and STRs (#1, pg. 50) PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 39 of 67 TXT-1-18 • Amend Sec. 17.5-12. Violation- Penalty to apply provisions to B&Bs and STRs (#1, pg. 50) This recommendation supports the following goal, objective and policy of the Comprehensive Plan: • Goal 1: Preserve and revitalize existing housing and neighborhoods. • Objective 1.5: Protect existing residential neighborhoods from illegal land use activities through code enforcement. • Policy 11.2.4: Ensure compliance with parish regulations through ongoing support for plan review and code enforcement. Taxation Chapter 35 Taxation requires that hotels and motels obtain an occupational license and pay related occupational license, sales, and hotel/occupancy taxes. Since B&Bs and STRs are businesses, each B&B or STR is required to obtain an occupational license through the JPSO and pay the occupational license fee and taxes (Sec.35-158). They should be registered and considered “in good standing” with the Louisiana Secretary of State, and are required to obtain a Parish zoning clearance, register a trade name with the Jefferson Parish Clerk of Court, submit a notarized affidavit, and pay an occupational license fee of $50 and other applicable taxes. As noted previously, Ch. 35 states that hotels with under ten guest rooms are exempt from paying the hotel occupancy tax authorized under Act No. 265 of the Louisiana State Legislature, and further makes reference to two guest rooms for exemptions. Additionally, Appendix A, Rule 33 exempts hotels under ten (10) sleeping rooms from payment of parish sales and use taxes, which may apply to B&Bs and STRs. Although most STRs appear to be exempt from parish sales and use taxes, they are required to pay the state sales and use as of July 1, 2016. 64 Exceptions Sometimes film industry professionals prefer to stay in private residences instead of typical lodging accommodations. Based on conversations with the Office of Film Jefferson, the use of STR related to film production is rare and guests that use these types of rentals often have more privacy and discretionary needs than a typical STR guest. This type of STR is also unique because it is associated with film production, which is already subject to a special licensing procedure. To accommodate this industry, it is appropriate to allow STR related to film production in any zoning district if the following standards are met: • Duration of stay should coincide with a valid, active Jefferson Parish film permit and location permit to verify that the rental is actually related to film production; • The dwelling unit should be the primary residence of the operator to curtail the buying or renting of multiple properties for STR use; • No external evidence that the building or dwelling unit is being used as a STR should be allowed to preserve the residential character of the dwelling unit; and • The STR should meet or exceed all applicable building codes to ensure the safety of the guests. Another exemption from STR standards should apply to fishing and/or hunting camps located on the unprotected side of the Pontchartrain and West Bank and Vicinity Hurricane Protection Levee, and the Mississippi River and Tributaries Flood Protection Levee (the hurricane or flooding risk-reduction systems). The sparse development in these unprotected areas creates environments where STR use has less of an impact on surrounding residential uses. Additionally, fishing and hunting camps in the parish’s lowlying areas are an integral part of the culture and economy of the parish. The final exception to STR licensing and standards should apply to “rent back” or “lease back” situations where sellers pay new owners if they need to stay after the close of escrow. For this exception, neither licenses nor standards should be required. Amortization The Planning Department recommends using amortization for existing STRs that would not comply with new regulations. If prohibited by new regulations, STRs would be 64 LA R.S. 47:306.4 PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 40 of 67 TXT-1-18 considered nonconforming uses and would be allowed to operate for a period of twelve (12) months from the effective date of the adopted ordinance, and not be subject to use standards. Upon termination of the amortization period, operations would have to cease immediately. The proposed amortization period is designed to establish a fair and equitable process for the elimination of STRs existing prior to the adoption date of the ordinance and prohibited by new regulations. For STRs allowed by new regulations, an STR would have six months to come into compliance with all the requirements, including zoning, standards, licensing, and tax requirements. The proposed period would provide an adequate timeframe for the operator of a STR to come into compliance with the standards and licensing requirements. This recommendation supports the following goal and objective of the Comprehensive Plan: • Goal 1: Provide for a sustainable urban environment that will support and enhance neighborhoods and businesses, and accommodate their growth. • Objective 1.3: Discourage the conversion of stable residential neighborhoods to nonresidential neighborhoods. Housekeeping Matters Current regulations in Chapter 40 that pertain to residential and mixed-use buildings are unclear and should be clarified as a related provision of this study. Sec. 40-322 (C-1), Sec. 40-342 (GO-1), Sec. 40-362 (GO-2), Sec. 40-402 (BC-1), and Sec. 40-422 (BC-2) do not specify that multiple dwelling units may be located above the ground floor. The Planning Department recommends clarifying existing regulations in the above referenced sections for residential and non-residential uses in mixed-use buildings. A recent amendment addressed this issue in Chapter 33 (Ord. 25411). To achieve this recommendation, the Planning Department recommends the following ordinance amendments: • Amend 40-322. Permitted Uses (C-1) to clarify existing regulations for residential and non-residential uses in mixed-use buildings (#11, pg. 59) • Amend 40-342. Permitted Uses (GO-1) to clarify existing regulations for residential and non-residential uses in mixed-use buildings(#12, pg. 60) • Amend 40-362. Permitted Uses (GO-2) to clarify existing regulations for residential and non-residential uses in mixed-use buildings (#13, pg. 60) • Amend 40-402. Permitted Uses (BC-1) to clarify existing regulations for residential and non-residential uses in mixed-use buildings (#14, pg. 61) • Amend 40-422. Permitted Uses (BC-2) to clarify existing regulations for residential and non-residential uses in mixed-use buildings (#15, pg. 61) This recommendation supports the following goal and policies of the Comprehensive Plan: • Goal 4: Provide suitable and adequate opportunities for commercial and industrial development that is convenient, visually pleasing and environmentally sound. • Policy 3.3.2: Adopt zoning which allows secondary units in buildings which are in close proximity to neighborhood commercial districts and public transit routes. • Policy 3.3.4: Authorize mixed use development in commercial areas and devise incentives for the development of residential units, including, but not limited to, density bonuses, less stringent parking requirements, and setback modifications. CONCLUSION The sharing economy, of which short-term rental is a component, is now an integral aspect of American life. Although Jefferson Parish’s participation in home sharing is not as robust as New Orleans’ market, enough home sharing occurs to warrant its regulation. The 24th JDC made clear that if the Parish wants to take action against property owners who operate STRs, then the Parish must codify specific regulations. The Planning Department has concluded that short-term rental regulations would promote health, PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 41 of 67 TXT-1-18 safety, and the general welfare. This study provides a regulatory framework to achieve these broad purposes, consistently with planning and zoning goals, objectives, and policies of the Comprehensive Plan. The proposed framework will enhance the Parish’s neighborhoods and the quality of life of its citizens. RECOMMENDATION FOR SPECIFIC ORDINANCE AMENDMENTS Staff recommends the following specific ordinance amendments: 1. That Chapter 17.5, Hotels And Motels, be amended by re-titling it as Lodging Accommodations, including bed and breakfast and short-term rental as types of accommodations subject to the requirements of this chapter and additional requirements as applicable, moving the subsection entitled definitions to the end of the chapter, adding an applicability subsection, and renumbering all subsections accordingly, to read as follows: Chapter 17.5 Hotels And Motels Lodging Accommodations Sec.17.5-1. Applicability. (a) This chapter shall apply to bed and breakfast accommodations, hotels, motels, and short-term rentals, except the following short-term rentals: (b) (1) Operated when associated with film, motion picture, television, or other commercial production activities, as defined in Chapter 26, Article VI, Film and Movie Production of this Code, and possessing a valid, active Jefferson Parish film permit and location permit; (2) Fishing and/or hunting camps located on the unprotected side of, or within three hundred (300) feet of, the Pontchartrain and Vicinity Hurricane Protection Levee, the West Bank and Vicinity Hurricane Protection Levee, the Mississippi River and Tributaries Flood Protection Levee, or the Jefferson Parish Urban Growth Limit Line. (3) In operation prior to [date of adoption] and the termination of the amortization period provided in this Code. Nothing in this chapter is intended to apply to or prohibit the long-term rental of a dwelling unit for thirty (30) or more consecutive days and where typically the method of rental involves an extended period of time and tenant obligations such as payment of utility bills in the name of the tenant. Sec. 17.5-2. - Guest room minimum requirements. No Person or hotel/motel lodging accommodation may offer for rent, use, or occupancy any Guest room or dwelling unit that does not meet or exceed all applicable building codes, property maintenance laws and state health laws, including but not limited to the following: (7) * * * For hotels, motels, and bed and breakfasts, twenty-four (24)-hour free emergency telephone access to the front desk and to 911 services.; (8) For bed and breakfasts and short-term rentals, a hardwired smoke detector(s) and a hardwired carbon monoxide detector(s) is required in either individual guest room(s) or adjacent hallways. An operable fire extinguisher is required to be located on the premises of the establishment. (9) For short-term rentals, a brochure is required to be located in the short-term rental in a conspicuous location at all times. ,that specifies the licensee’s contact information and a local responsible party’s contact information. The brochure shall also provide information pertinent to the neighborhood where the short-term rental is located including, but not limited to, parking restrictions, restrictions on noise, trash collection schedule, and fire evacuation route. For the purposes of this section and related sections, the local responsible party is an individual located in Jefferson Parish during the entire length of the short-term rental period that has twenty-four PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 42 of 67 TXT-1-18 REVISED 1/25/2018 (24) hour access to the premises and is authorized to make decisions regarding the licensed premises. The operator is not required to be present during the duration of the transient guests’ visit, but either the designated local responsible party or the operator must be available to respond to the short-term rental, if necessary. The brochure shall include the name, phone number with area code, and e-mail address of the licensee and the designated local responsible party. The brochure also shall provide information pertinent to the neighborhood where the short-term rental is located, including, but not limited to, restrictions on parking, noise, and trash, the trash collection schedule, and a fire evacuation route. Sec. 17.5-3. - Operational standards. (a) Bed and breakfasts, hotels, and motels. (1) (a) The operation of any bed and breakfast, hotel/ , or motel shall be supervised by a manager or his/her designee in charge on the property at all hours. (2) (b) The hotel/, motel, or bed and breakfast, including all guest rooms, meeting rooms, and other facilities, shall be regularly maintained by a fully licensed pest control company in order to prevent insects, rodents and other vermin and shall keep records of such maintenance on property. (b) Short-term rentals. (1) (2) A designated local responsible party is required. The operator is not required to be present during the duration of the transient guest’s visit. Where the operator is absent from the premises, the designated local responsible party shall respond to a complaint concerning the short-term rental from a guest or a neighbor within one (1) hour of receiving notification of the issue and, if necessary, shall appear on the premises to address the issue. (c) (b)All lodging accommodations. The operator of any bed and breakfast, hotel, motel, or short-term rental shall comply with the following registration requirements: (1) (c)Registration and records requirements. a. (1) Hotel/motel o Operators shall require every registrant to provide evidence of identity through at least one (1) of the following methods: 1. a. Pre-approved identification system. 2. b. Credit card payment. 3. c. Government-issued identification which contains the registrant's following information: i.1.Full name. ii.2.Date of birth or age. iii.3.Residence address. iv.4.Photograph of the registrant. 4. d. Contracted guest list provided through an outside business organization. b.(2) Hotel/motel o Operators may shall maintain a record of all registrants to the bed and breakfast, hotel/motel, or short-term rental. All registration records shall include, but not be limited to, the following information: PAB – Results 1/26/2018 1. a. Registrant's name. 2. b. Registrant's residence or billing address. 3. c. The day, month, year and time of arrival of the registrant. 4. d. The number or location of the rooms assigned to the registrant. Planning Department AG Jefferson Parish, Louisiana Page 43 of 67 TXT-1-18 5. e. The date the registrant is scheduled to depart. 6. f. The method of payment for the lodging. 7. g. For registrants who provide government-issued identification and pay in cash, hotel, and motel operators shall maintain an electronic record of the registrant's driver's license or other government-issued identification. c. (3) Maintenance and inspection of records. 2. a. Bed and breakfast, hotel/, motel, or short-term rental operators shall maintain all registration records for a minimum of thirty (30) calendar days from the date of departure. 3. b. No registration record(s) shall be altered, erased or defaced so as to interfere with any inspection of the record. 4. c. Information contained in the registration records remains the property of the bed and breakfast, hotel/, motel, or short-term rental and shall not be subject to public disclosure or considered public record unless such registration records become part of a parish record in which case the parish shall be responsible for the release of information. (2) (d)The bed and breakfast, hotel/, motel, or short-term rental shall meet the provisions set forth in section 20-65 of Chapter 20—Offenses and miscellaneous provisions of the Jefferson Parish Code of Ordinances Sec. 17.5-4. - Inspection of facilities. PMZ and the Jefferson Parish Sheriff's Office shall be authorized to conduct inspections of all bed and breakfasts, hotels/, motels, or short-term rentals subject to the regulations in this Code. Sec. 17.5-5. - Hotel/motel License required for a bed and breakfast, hotel, motel, or short-term rental; annual renewals. (a) No bed and breakfast, hotel, and motel, or short-term rental business establishment shall engage in the business of rental of hotel and motel room or rooms, and facilities without first filing application, initial or renewal, with ICE and obtaining a hotel/motel lodging accommodation license from ICE to engage in such business. The hotel/motel Where this Code allows a bed and breakfast or short term rental that is in operation at the time of the effective date of this ordinance, the bed and breakfast or short term rental shall have until October 31, 2014 six (6) months from the effective date of this ordinance to submit a completed application for a hotel/motel lodging accommodation license, or face penalty as provided in this chapter. All current licenses in good standing previously issued as a hotel/motel license shall be recognized as a valid lodging accommodations license. (b) Such hotel/motel A lodging accommodation license may shall not be transferred from one (1) place or one (1) individual to another place or individual. (c) ICE shall refuse a hotel/motel lodging accommodation license or renewal thereof to any establishment that has an outstanding notice of violation of the Code of Ordinances, in excess of forty-five (45) days. (d) The hotel/motel lodging accommodation license shall be renewed annually on or before November 1st of each calendar year. (e) The requirements for the hotel/motel lodging accommodation license herein provided are requirements separate and apart from and in addition to the license requirements for the Jefferson Parish Occupational License Tax under Article VI of Chapter 35 of this Code of Ordinances. The required hotel/motel lodging accommodation license under this article is a regulatory license and not a revenue license. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 44 of 67 TXT-1-18 REVISED 1/25/2018 Sec. 17.5-6. - Application, fees and requirements. (a) Any person desiring to operate a bed and breakfast, hotel or motel, or short-term rental shall obtain an initial hotel/motel lodging accommodation license or renew a previously issued and unrevoked hotel/motel license and shall submit an application along with a nonrefundable processing fee of fifty dollars ($50.00) annually to ICE in the form prescribed by ICE. The processing fee for hotels and motels shall be fifty dollars ($50.00). The processing fee for bed and breakfasts and short-term rentals shall be three hundred and fifty dollars ($350.00). The application and all supporting documents shall be retained by ICE. All applications shall include: (1) Name, if applicable, and address of establishment; (2) Authorization to apply and related documents, based on the following categories: a. If the establishment is owned by a corporation, the operator of said establishment shall provide: an affidavit executed by the corporation authorizing the operator to apply for a hotel/motel lodging accommodation license in the name of the establishment as required by this chapter as well as the name, date and state under whose laws such corporation was organized, and if a foreign (out-of-state) corporation, whether such corporation is authorized to do business in the State of Louisiana, the name under which the corporation may be doing business, and the name of the principal officer(s), registered agent and local representatives, and their business addresses; b. (3) If the establishment is owned by a partnership, the operator of said establishment shall provide: an affidavit executed by the partnership authorizing the operator to apply for a hotel/motel lodging accommodation license in the name of the establishment as required by this chapter as well as the partnership name under which the partnership may be doing business, and the name, business address of each partner; c. (4)If the establishment is owned by a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall provide: an affidavit executed by the proprietor authorizing the operator to apply for a hotel/motel lodging accommodation license in the name of the establishment as required by this chapter; as well as the name under which the sole proprietorship is doing business, and the name, business address of the natural person who owns, controls or directs the sole proprietorship; d. If the establishment is a short-term rental, the operator shall provide the following documents: 1. If the short-term rental is owned by the operator, an Act of Sale or Deed that establishes the operator as the owner; 2. If the operator is a leasee or renter, an affidavit executed by the owner of the short-term rental authorizing the leasee or renter to apply for a lodging accommodation license; and a current lease agreement with the signatures of the short-term rental operator and the owner of the property. 3. Proof of primary residency in one (1) of the following forms, if located in the Old Bucktown Mixed-Use Residential (OBM-1), Old Bucktown Mixed-Use Commercial (OBM-2), Residential Mixed-Use (FC-2), Medical Services (H-1), Medical Services (H-2), Neighborhood Commercial (C-1), General Office (GO-1), General Office (GO-2), or Business Core (BC-1) zoning district: i. If the applicant is the owner of the property, Louisiana Homestead Exemption. ii. If the applicant is the renter or leasee, two (2) of the following forms of identification: A. Valid Louisiana driver’s license with matching address of property; B. Voter’s registration; or PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 45 of 67 TXT-1-18 C. Utility bill with the same address as the property where the short-term rental is to be operated. 4. An affidavit executed by the operator designating and authorizing the local responsible party. 5 4. A copy of the brochure required by this chapter. 6. 5.Proof that the owner or operator has current, valid, general liability coverage of five hundred thousand dollars ($500,000.00) or more, verified with a current insurance certificate, for the proposed short-term rental property and shall adhere to the following expiration terms: i. The insurance company or policy holder shall provide ten (10) days' notice to the department by e-mail or certified mail of expiration or cancellation of the required liability insurance policy. ii.Companies shall furnish ICE with satisfactory evidence of required legal liability coverage for each lodging accommodation prior to the expiration of the first seven (7) days of the ten (10) days' notice of cancellation by the respective insurance company. Upon the second notice of cancellation within a period of twelve (12) months: the company shall take action to prevent any future lapse of insurance and shall provide the details of such action in writing; and, regardless of any company action or writing, the company license may still be subject to revocation. (3) (5) Number of rental units in each establishment; (4) (6) Date of proposed commencement of operation, if initial application; (5) (7)Such other reasonable information or data that the parish or the Jefferson Parish Sheriff's Office requires for background investigation; and (6) (8) For a renewal application where the establishment has not been subject to a change in ownership or a change in the entity's domicile, then operator shall provide an affidavit to that effect. If the establishment is owned by a corporation, the corporation shall execute the affidavit. If the establishment is owned by a partnership, the partnership shall execute the affidavit. If the establishment is a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall execute the affidavit. If the establishment is a short-term rental, the property owner shall execute the affidavit. (b) Requirements for issuance of hotel/motel lodging accommodation license. ICE shall issue the hotel/motel lodging accommodation license hereunder upon receipt of the completed application and all associated affidavits, the application fee, and the written approval of the Jefferson Parish Sheriff's Office, the parish attorney's office, and PMZ in accordance with the following: (1) Approval by the Jefferson Parish Sheriff's Office shall include a complete criminal background investigation of the individual(s) named in the application as owners and/or operators, said investigation to be conducted by the Jefferson Parish Sheriff's Office or its designee, and confirmation that the person(s) subject to the criminal background investigation have not been convicted of any crime involving drugs, vice or felony violence in the ten (10) years immediately prior to the date of the application; (2) Approval by the parish attorney's office shall include, but not be limited to, verification of the following: a. If the establishment is owned by a corporation, then the parish attorney's office shall verify that the corporation does not have an officer or director who is or was an officer, director, partner or sole proprietor of a bed and breakfast, hotel/, motel, or short-term rental establishment which has a currently suspended hotel/motel lodging accommodation license or has had a hotel/motel license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of the application, PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 46 of 67 TXT-1-18 b. If the establishment is owned by a partnership, then the parish attorney's office shall verify that the partnership does not have a partner who is or was an officer, director, partner or sole proprietor of a bed and breakfast, hotel/, motel, or short-term rental establishment which has a currently suspended hotel/motel lodging accommodation license or has had a hotel/motel lodging accommodation license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of the application, c. If the establishment is owned by a sole proprietorship, then the parish attorney's office shall verify that the sole proprietor is not or was not an officer, director, partner or sole proprietor of a bed and breakfast, hotel ,or motel, or short-term rental establishment which has a currently suspended hotel/motel lodging accommodation license or has had such hotel/motel license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of application; d. That the hotel/motel lodging accommodation license of the establishment is not currently under suspension or revocation; and e. That the applicant has all required licenses and is in good standing with the State of Louisiana and Parish of Jefferson; and f. If the establishment is a short-term rental: 1. That the owner or operator is not or was not the operator of a short-term rental which has a currently suspended lodging accommodation license or has had such license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of application; and 2. That the dwelling unit is the primary residence of the owner or leasee, if required. (3) Approval by PMZ shall include, but not be limited to an inspection of the property for compliance with the provisions of this chapter as set forth in section 17.5-2. (c) Failure to renew a hotel/motel lodging accommodation license prior to its expiration date renders the expired license immediately invalid. A bed and breakfast, hotel/, motel, or short-term rental operator who timely files for an application for a hotel/motel lodging accommodation license or renewal shall be considered to be in compliance provided that the applicant/owner/operator has submitted to the criminal background investigation within seven (7) business days of filing the application and that the operator is otherwise acting in good faith to obtain the required approvals. ICE shall provide written renewal notice to each operator no later than sixty (60) days prior to expiration of the hotel/motel lodging accommodation license. In the event ICE fails to timely send the renewal notice, then the operator shall have sixty (60) days from the date notice is sent to apply for renewal. In the event ICE fails to send a renewal notice, then the operator shall have sixty (60) days from the expiration date to apply for renewal. Sec. 17.5-7. - Display of license. Any lodging accommodation license issued by ICE shall be conspicuously displayed in the office or lobby, or other conspicuous location, of the licensed establishment. In the case of short-term rental, the license number shall be shown clearly on the face of any advertisement, including on-line listings, or act of drawing the public’s attention to the short-term rental in order to promote the availability of the short-term rental. Sec. 17.5-8. – Hotel/motel Lodging accommodation license—Suspension or revocation. The hotel/motel lodging accommodation license shall be subject to suspension or revocation upon good cause shown at a hearing conducted by either the hotel/motel lodging accommodation review committee or the parish council, within one hundred and twenty (120) days from the date of the occurrence, as documented by ICE or PMZ, that the bed and breakfast, hotel/, motel, or short-term rental has engaged in any of the following since issuance of its current hotel/motel lodging accommodation license: PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 47 of 67 TXT-1-18 (1) Failure to comply with the requirements of this chapter or with applicable provisions of this Code. (2) (1) Refusal and/or failure to remedy building, zoning, or other code violations in accordance with a judicial order and/or order of the bureau of administrative adjudication. (3) (2) Noncompliance with section 20-65 of chapter 2—Offenses and miscellaneous provisions of the Jefferson Parish Code of Ordinances. (4) (3) Three (3) or more felony drug-related independent incidents resulting in arrests where the offense occurred on bed and breakfast, hotel/, motel, or short-term rental property by a guest in a period of ninety (90) days, except when the arrest is the result of notification to and/or in direct cooperation with law enforcement by hotel/motel lodging accommodation management. (5) (4) Three (3) or more prostitution-related independent incidents resulting in arrests where the offense occurred on bed and breakfast, hotel/, motel, or short-term rental property by a guest in a period of ninety (90) days except when the arrest is the result of notification to and/or in direct cooperation with law enforcement by hotel/motel lodging accommodation management. (6) (5) Except when the result of bed and breakfast, hotel/, motel, or short-term rental management notifying or directly cooperating with law enforcement, ten (10) or more verified calls for service regarding hotels or motels, and five (5) or more verified calls for service regarding bed and breakfasts or short-term rentals within a thirty (30) day period regarding the following activities on the property of the bed and breakfast, hotel/, motel, or short-term rental: illegal felony drug activity, prostitution, or violent felony crimes. (7) (6) The Jefferson Parish Sheriff's Office shall provide a copy of the initial report of a verified call for service to the bed and breakfast, hotel/, motel, or short-term rental manager or his/her designee at which any arrest or verified call for service as noted in subsections 2, 3 and 4 herein occurs within thirty (30) days of the occurrence of the arrest or verified call for service. (8) (7)Failure to timely apply for, or renew, or post the hotel/motel lodging accommodation license. Sec. 17.5-9. - Procedure for and effect of suspension, revocation. (a) Committee. There is hereby created a committee to be known as the hotel/motel lodging accommodation review committee that shall function substantially similar to the alcoholic beverage permit review committee as set forth in article II, chapter 4 of this Code. The committee shall be composed of the district council person in whose district the bed and breakfast, hotel/, motel, or short-term rental is located, or his designee, the Director of the Community Justice Agency or his designee, one (1) of the Directors of the Office of Research and Budget, or their designee, a person appointed by the Greater New Orleans Hotel and Lodging Association, who is a fulltime employee, owner, or operator of a bed and breakfast, hotel/, motel, or shortterm rental in Jefferson Parish; and a person appointed by the Jefferson Convention and Visitor's Bureau who is a full-time employee, owner, or operator of a bed and breakfast, hotel/, motel, or short-term rental in Jefferson Parish. The appointments to the committee by the Greater New Orleans Hotel and Lodging Association and by the Jefferson Convention and Visitor's Bureau shall be confirmed by council resolution. (b) Initiating procedure; hearing required. A hearing may be held before the hotel/motel lodging accommodation review committee at the request of the parish president, the Jefferson Parish Sheriff, or upon motion of any member of the Parish Council upon written complaint, petition or notice of violation. Such hearing, which shall be noticed by the committee, parish attorney, any member of the parish council or the sheriff; a hearing, shall be held in accordance with the provisions of this chapter to determine whether the hotel/motel lodging accommodation license of the person PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 48 of 67 TXT-1-18 charged shall be suspended or revoked. The complaint, petition, notice or motion shall set forth and enumerate the causes for suspension or revocation of the license. (c) Notice. A notice or summons shall be served upon the holder of the hotel/motel lodging accommodation license stating the time and place of the hearing, which shall not be less than forty-eight (48) hours from the date and time such notice is given. This notice may be mailed by registered, certified or delivery-confirmed mail to the holder of the license at the address of his place of business, when so addressed and mailed, notices or summonses shall be conclusively presumed to have been received by the license holder; in addition to the above method of service, the notice or summons may be served on the license holder by personal or domiciliary service by a deputy sheriff. (d) Hearings. Hearings required by this chapter may be conducted by the hotel/motel lodging accommodation review committee or by the parish council. The parish council or the hotel/motel lodging accommodation review committee is designated to hold a hearing, and may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and may examine witnesses and receive testimony at the hearing. The parish council or the hotel/motel lodging accommodation review committee designated to hold a hearing may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and may examine witnesses and receive testimony at the hearing. Subpoenas issued under the authority of this section may be served by sending same by certified mail, United States Postal Service postage-paid, to a valid address of the intended recipient. Parties other than the parish council or committee requesting any subpoena under this section shall prepare and serve same using forms approved by the committee. No hearing shall be suspended or invalidated due solely to the nonappearance of any witness subpoenaed to testify or produce documents at the hearing. (e) Conduct of hearing. Whenever a hearing is conducted pursuant to this Chapter, opportunity shall be afforded all parties to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct such direct examination and cross-examination of witnesses. The testimony received shall be recorded, and may be reduced to writing upon request by any party; all documentary evidence, if any, and all written arguments or briefs submitted shall be made part of the record; all hearings shall be prosecuted by the office of the parish attorney; if proper notice has been served upon the defendant, the hearing may proceed without his presence if he fails to appear. When a hearing is referred to the hotel/motel lodging accommodation review committee, it shall hear all testimony and arguments, receive all the evidence and briefs and compile same into the record, which record shall then be certified by the chairman of said hotel/motel lodging accommodation committee. The committee shall submit the certified record to the parish council with the committee's recommendation as to whether the permit of the person charged shall be suspended or revoked. (f) Council action. If the hearing is conducted by the committee, the council shall not be required to conduct another hearing during its deliberation, unless a majority of the parish council votes to do so; however, nothing herein shall prohibit an hotel/motel the lodging accommodation license holder from submitting written objections regarding any alleged errors in the record prior to the parish council considering the permit revocation or suspension. No hotel/motel lodging accommodation license shall be suspended or revoked, however except by a majority vote of the parish council. No rehearing shall be granted after final action by the parish council. (g) Effect of revocation, suspension. (1) When a hotel/motel lodging accommodation license is revoked for any legal cause, by any lawful authority: a. No hotel/motel lodging accommodation license shall be issued covering the property for a minimum of one (1) year and one (1) day after the date of the revocation. b. To the maximum extent practical given existing site constraints, the bed and breakfast, hotel/, motel, or short-term rental shall be required to meet all applicable provisions of the Code of Ordinances and the ICE and/or PMZ PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 49 of 67 TXT-1-18 REVISED 1/25/2018 shall make an inspection of the property prior to issuance or reissuance of an hotel/motel lodging accommodation license. (2) When a hotel/motel lodging accommodation license has been suspended by the parish council or their lawful authorities, no new hotel/motel lodging accommodation license shall be issued for the same property for a period of fourteen (14) days beginning from the last day of the suspension. Sec. 17.5-10. - Notice of revocation or suspension of hotel/motel lodging accommodation license. The Jefferson Parish Sheriff's Office shall post a copy or copies of the notice of revocation or suspension of the license to operate the bed and breakfast, hotel/, motel, or short-term rental. Sec. 17.5-11. - Hotel/motel Lodging accommodation license—Surrender following revocation. Whenever a hotel/motel lodging accommodation license has been revoked pursuant to the provisions of this chapter, the owner or operator of the establishment for which the hotel/motel lodging accommodation license was issued shall surrender the license to the parish forthwith. The hotel/motel lodging accommodation operation shall cease within seventy-two (72) hours of the posting of the notice of revocation of the hotel/motel lodging accommodation license. Sec. 17.5-12. - Violation—Penalty. It is unlawful to advertise or operate a bed and breakfast, hotel/, motel, or short-term rental without a valid hotel/motel lodging accommodation license. Whoever violates the provisions of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment, within discretion of the court. Each day on which a bed and breakfast, hotel/, motel, or short-term rental advertises or operates without a valid hotel/motel lodging accommodation license shall be considered a separate offense for purposes of this section. Sec. 17.5-113. - Definitions. For the purposes of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: ICE shall mean the Jefferson Parish Department of Inspection and Code Enforcement. PMZ shall mean the Jefferson Parish Department of Property Maintenance and Zoning/Quality of Life. Bed and breakfast (B&B) shall mean a manager-occupied residential structure containing less than six (6) guest rooms that is rented for overnight lodging with or without meals to one (1) or more parties of paying or nonpaying transient guests, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. Camp, fishing and/or hunting shall mean a building that provides facilities for fishing, hunting or related activities and used as a dwelling unit for the owner or overnight lodging to paying or non-paying guests. Drug-related arrests include, but are not limited to, arrests that involve the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, any controlled drug, narcotic or drug paraphernalia. Guest shall mean any person that occupies a guest room. Guest room shall mean a sleeping room in a bed and breakfast, hotel/, motel, or short-term rental designed and intended to be used as lodging. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 50 of 67 TXT-1-18 Hotel shall mean is any unit, dwelling, a building or group of buildings within a single complex of buildings containing six (6) or more guest rooms where access to individual units is from interior lobbies, courts, or halls, and which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants, and which is recognized as a hotel by the public or by the industry. Local responsible party shall mean an individual who has his or her primary residence in or maintains a physical office in Jefferson Parish, its municipalities, or the City of New Orleans during the entire length of the shortterm rental period; responds to and handles issues from guests or neighbors in connection with the activities of a short-term rental; has twenty-four (24) hour access to the short-term rental premises; and is authorized to make decisions regarding the licensed premises. Manager shall mean any person who, in connection with the activities of a bed and breakfast, hotel/ or motel, manages the business's operations, including but not limited to the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, and handling guest affairs and overseeing security. The term shall also include resident manager and assistant manager. Motel shall mean is any unit, dwelling, a building or group of buildings within a single complex of buildings containing six (6) or more guest rooms where access to individual units is from exterior walkways or courts, and which is kept, used, maintained, or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to transient guests or tenants which and offer rental units with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, and a bathroom or connecting bathroom for each rental unit which is recognized as a motel in the community in which it is situated or by the industry. Operator shall mean any person who is the proprietor of any bed and breakfast, hotel/, motel, or short-term rental whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guest rooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the bed and breakfast, hotel/, motel, or short-term rental. * * * Pre-approved identification system shall mean a database of information maintained by a hotel/motel's corporate office, such as a frequent stay rewards program, that requires a registrant to register and identify him- or herself in exchange for certain benefits or perquisites offered by the hotel/ or motel. Primary residence shall mean a dwelling unit where a person or persons reside for more than fifty (50) percent of the calendar year. * * * Registrant shall mean a person who rents, pays a fee, or offers other remuneration to occupy a room or rooms in the bed and breakfast, hotel/, motel, or short-term rental for any period of time. Registration records shall mean a register maintained by a bed and breakfast, hotel/, motel, or short-term rental containing the name and method of payment of every person who rents, pays a fee, or offers other remuneration to occupy a room in the bed and breakfast, hotel/, motel, or short-term rental for any period of time. Short-term rental (STR) shall mean a dwelling unit which provides overnight lodging to no more than one (1) party of transient guests at a time, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 51 of 67 TXT-1-18 * * * Transient guest shall mean a person who resides at a place other than his usual place of residence for no more than thirty (30) consecutive days. * * * Verified call for service shall mean any and all calls to emergency services that result in a representative being dispatched or directed to the bed and breakfast, hotel/, motel, or short-term rental and where law enforcement conducts a criminal investigation resulting in a written law enforcement report. * * * 2. That Chapter 20, Offenses and Miscellaneous Provisions, Sec. 20-65. Hourly rental of hotel and motel rooms prohibited, be amended to add short-term rentals and bed and breakfasts to the list of establishments for which existing provisions shall apply, to read as follows: Sec. 20-65. - Hourly rental of hotel, and motel, bed and breakfast, and short-term rental rooms prohibited. (a) It shall be unlawful for any owner, operator, or employee of any hotel, motel, bed and breakfast, short-term rental, or other establishment which provides guest rooms for lodging or sleeping purposes to rent, let, lease or charge an hourly rate for a room or for any of the amenities thereto, or to otherwise rent, let, lease or charge for any room for less than a time period of twelve-hour period twelve (12) consecutive hours. (b) It shall be unlawful for any owner, operator, or employee of any hotel, motel, bed and breakfast, short-term rental, or other establishment which provides guest rooms for lodging or sleeping purposes to rent, let, lease or charge a separate fee or rate for any bed linens or amenities for a room rented at a daily rate. (c) It shall be unlawful for any owner, operator, or employee of any hotel, motel, bed and breakfast, short-term rental, or other establishment which provides guest rooms for lodging or sleeping purposes to offer a discount or rebate for early checkout of a room within a time period of twelve-hour period twelve (12) consecutive hours. (d) The provisions of this section shall not apply to any of the following: (1) The rental of rooms for the holding of conventions or meetings for the conduct of lawful business; (2) The rental of hospitality suites for the conduct of lawful business; or (3) The rental of rooms at any hotel, or motel, or bed and breakfast within a radius of one-quarter (¼) of a mile of any medical facility licensed by the Louisiana Department of Health and Hospitals. (4) The rental of rooms at any hotel, or motel, or bed and breakfast within a radius of one and three-quarter (1.75) miles of the center point of the Louis Armstrong New Orleans International Airport. (e) Whoever violates the provisions of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment, within the discretion of the court. * * * 3. That Chapter 33, Unified Development Code, Article 3. Zoning, Division 1 Introduction, Sec. 33-3.4.4. Master Use Matrix, be amended to update LBCS classification and description for bed and breakfasts, to read as follows: Table 33-3.4.4-1.Master Use Matrix. LBCS LBCS Classification Function Code PAB – Results 1/26/2018 LBCS Structure Code Planning Department AG Jefferson Parish, Louisiana Description Page 52 of 67 TXT-1-18 * Bed and breakfast inn * * Operate primarily in private homes and small buildings See definition in Article 10. Definitions of this UDC 1310 * * * 4. That Chapter 33, Unified Development Code, Article 3. Zoning, Division 3. MixedUse Base Zoning, Sec.33-3.50, Mixed-use base zoning districts use matrix, be amended to update LBCS classification and appropriate zoning designations for bed and breakfasts in the U-1S zoning district, to read as follows: LBCS Classification LBCS Function Code LBCS Structure Code * Bed and breakfast inn * OBM‐1 §33‐3.51 OBM‐2 §33‐3.52 FC‐1 §33‐3.53 FC‐2 §33‐3.54 FC‐3 §33‐3.55 U‐1S §33‐3.58 U‐1R (reserved) Table 33-3.50-1. Authorized Land Uses for Mixed-Use Base Zoning Districts * 1310 X * * X X X X PS * 5. That Chapter 33, Unified Development Code, Sec.33-3.58. Unrestricted Suburban District (U-1S), be amended to require conditional use permit for short-term rentals, to read as follows: Sec. 33‐3.58.3. Authorized uses. A. Use Matrix. See Table 33‐3.50‐1, Authorized Land Uses for Mixed‐Use Base Zoning Districts of this UDC for authorized uses. * * * 2. Conditional use permit required. a. Residential districts, dwellings, or housing services located less than three thousand (3,000) feet from the nearest portion of the NOLA Motorsports main track, excluding the cart track, in operation at the time of adoption of Council Ordinance No. 25020 on October 7, 2015; b. Single‐, two‐, three‐, and four‐family developments exceeding ten (10) lots or two (2) acres; c. Multi‐family developments and housing services exceeding forty (40) dwelling units or on a development site exceeding thirty thousand (30,000) square feet; d. Any addition of dwelling lots, or acreage on any property adjacent to the same subdivision or development site that causes the building, site, or development to exceed ten (10) lots or two (2) acres, or forty (40) dwelling units or thirty thousand (30,000) square feet, as applicable; or e. Commercial buildings or uses alone or in the aggregate exceeding twenty‐five thousand (25,000) square feet of gross floor area or on a development site exceeding one (1) acre. f. Short-term rentals. * * * 6. That Chapter 33, Unified Development Code, Article 5. Supplemental Conditions, Division 1. Specific Use Standards, Sec.33-5.3. Specific Use Standards, be amended and renumbered to accommodate a new subsection, Sec.33-5.3.4. Bed and breakfasts, make necessary changes to the list of prohibited home occupations, and add applicable supplemental conditions, standards, and criteria for short-term rentals, to read as follows: Sec. 33-5.3. Specific use standards. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 53 of 67 TXT-1-18 * * * Sec. 33-5.3.4. Bed and breakfasts (LBCS Function Code 1310) A. Manager must reside on premises. B. Meals may be served to registered guests provided applicable parish and state codes for food services are met. C. Cooking facilities are prohibited in individual guest rooms. D. Bed and breakfasts shall not include rental for meetings, such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation. E. There shall be no external evidence that the building is being used as bed and breakfast, except one (1) non-illuminated wall, hanging or projecting sign limited to no more than four (4) square feet in area. F. Bed and breakfasts shall be subject to the parking requirements of Chapter 40 Zoning, Article XXXV Off-Street Parking, Loading and Clear Vision Area Regulations of this Code. G. Bed and breakfasts shall be subject to the provisions of Chapter 17.5 Lodging Accommodations, Chapter 20 Offenses and Miscellaneous Provisions, and Chapter 35 Taxation of this Code. * * * Sec. 33-5.3.4.5. Board and care home (include LBCS function code 1231). * * * Sec. 33-5.3.89. Home occupations. * * * Sec. 33-5.3.89.1 Purposes. * * * Sec. 33-5.3.89.2. Applicability. The home occupations permitted in Sec. 33‐5.3.79.4 below are allowed in any dwelling unit. Home occupations include any permitted occupation within a dwelling unit, clearly incidental and secondary to the use of the dwelling unit for residential purposes, and carried on by a member of the family residing in the dwelling unit. * * * Sec. 33-5.3.89.3. Standards. * * * Sec. 33-5.3.89.4. Permitted home occupations. The following home occupations are allowed subject to the standards established in Sec. 33‐ 5.3.7 9.3: * * * Sec. 33-5.3.89.5. Prohibited home occupations. The following uses are prohibited as home occupations: A. Band instrument group instruction; B. Convalescent home; C. Dancing instruction; D. Mortuary establishment; E. Physician or dentist office in which mechanical equipment is used; F. Real estate office; G. Short-term rental; except limited short-term rental is allowed subject to the following restrictions and conditions: 1. Short-term rental is prohibited in the following zoning districts: Batture District (B-1), Suburban (S-1), Single-Family Residential (R-1A), Suburban Residential (R-1B), Rural Residential (R-1C), Rural Residential (R-1D), Manufactured Home (R-1MH), Two-Family Residential (R-2), Three- and Four-Family Residential (RR-3), Multiple-Family Residential (R-3), Townhouses (R-1TH), Condominiums (R-1CO), Core District Residential (CD-R), Office-Warehouse (OW-1), Industrial (M-1), Industrial District (M-2), Industrial District (M-3), Industrial (M-4), Gaming and Entertainment District (GED), Penal and Criminal Correctional Institution (P-1), and with the following exceptions: PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 54 of 67 TXT-1-18 a. Short-term rentals associated with film and movie production. Shortterm rentals shall be permitted in all zoning districts when associated with film, motion picture, television, or commercial production activities, as defined in Chapter 26, Article VI-Film and Movie Production, and shall adhere to the following requirements: (1) The operator of the short-term rental and the duration of stay shall coincide with a valid, active Jefferson Parish film permit(s) and location permit(s). (2) The dwelling unit of the short-term rental shall be the primary residence of the operator. (3) There shall be no external evidence that the building or dwelling unit is being used as a short-term rental. (4) Each short-term rental shall be equipped with a hardwired smoke detector, hardwired carbon monoxide detector, and fire extinguisher on the premises. Short-term rentals shall meet or exceed all applicable building codes. (5) Regulations do not apply to the temporary use of private property for filming purposes. b. Fishing and/or hunting camps located on the unprotected side of, or within three hundred (300) feet of, the Pontchartrain and Vicinity Hurricane Protection Levee, the West Bank and Vicinity Hurricane Protection Levee, the Mississippi River and Tributaries Flood Protection Levee, or the Jefferson Parish Urban Growth Limit Line. c. Real estate agreement arrangement where either the seller pays the new owner to stay at the property after the close of escrow; or the buyer pays the seller to move in before the sale has actually closed. 2. Short-term rental is allowed in the following zoning districts: Old Bucktown Mixed-Use Residential District (OBM-1), Old Bucktown MixedUse Commercial District (OBM-2), Pedestrian-Core (FC-1), Residential Mixed-Use (FC-2), and Commercial Mixed Use (FC-3), Medical Services (H-1), Medical Services (H-2), Neighborhood Commercial (C-1), General Offices (GO-1), General Offices (GO-2), Business Core (BC-1), Business Core (BC-2), Mixed-Use Corridor (MUCD), General Commercial (C-2), Unrestricted Suburban (U-1S), and Unrestricted Rural (U-1R) subject to the following standards: a. Short-term rental shall be subject to the standards for home occupations provided for in Sec. 33-5.3.9.3. Standards, except subsections B and J. b. The dwelling unit of the short-term rental shall be the primary residence of the operator in accordance with the requirements of Chapter 17.5 Lodging Accommodations of this Code, except in zoning districts that allow hotels and motels. c. Short-term rental shall not be located in recreational vehicles or travel trailers. d. Short-term rental shall not include rental for meetings, such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation. e. There shall be no external evidence that the building or dwelling unit is being used as a short-term rental. f. Short-term rental shall be subject to the provisions of Chapter 17.5 Lodging Accommodations, Chapter 20 Offenses and Miscellaneous Provisions, and Chapter 35 Taxation of this Code. 3. Amortization of short-term rentals. a. Findings. The Parish Council finds that: (1) Generally, Jefferson Parish is characterized by a suburban development pattern of homogenous land uses concentrated in neighborhoods and along transportation corridors. (2) Where appropriate, mixed land uses are allowed to promote a denser, urban development pattern. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 55 of 67 TXT-1-18 (3) The most prevalent land use in Jefferson Parish is the detached single-family home, which comprises many quiet, wellmaintained, and family-oriented neighborhoods. (4) The short-term rental of a home is a business that generally is not compatible with the homogenous residential character of many of Jefferson Parish’s neighborhoods. (5) Subject to use standards, the short-term rental of a home is compatible in mixed–use and commercial areas where residential and non-residential uses co-exist. (6) To promote health, safety, and the general welfare, and in accordance with the comprehensive plan, the amortization of existing short-term rentals, within a reasonable timeframe, is necessary so these activities either cease operations where prohibited or come into compliance where allowed by the provisions of this Code. b. Purpose. The purposes of this section are to: (1) Provide an adequate timeframe for operators of permitted shortterm rentals to come into compliance with the standards and approval and licensing requirements provided for in this Code; and (2) Establish a fair and equitable process for the elimination of shortterm rentals existing prior to the adoption date of this ordinance and prohibited by new regulations. c. Amortization. Any short-term rental operating prior to [date of adoption of ordinance] shall have either twelve (12) months to cease operations or six (6) from said date to come into compliance with one of the following, as applicable: (1) If located in a zoning district where short-term rental is prohibited, shall cease operations. During the twelve (12)-month period, the short-term rental shall be considered a nonconforming use and shall not be required to adhere to the standards set forth in Sec. 33-5.3.9.5.G. However, upon termination of the amortization period, the short-term rental shall cease operation immediately. (2) If located in a zoning district where short-term rental is permitted, the short-term rental shall have six (6) months, to come into compliance of the standards set forth in Sec. 335.3.9.5.G. including all required licenses. 4. Long-term rental. Nothing in these short-term rental provisions is intended to apply to or prohibit the long term rental of a dwelling unit for thirty (30) or more consecutive days and where typically the method of rental involves an extended period of time and tenant obligations such as payment of utility bills in the name of the tenant. H. G. Stores I. Tearoom; H. Tourist home; J. I Trades; J. Stores; or K. Business of any kind not herein prohibited. * * * Sec. 33-5.3.910. Kennel (includes LBCS function code 2720) * * * 7. That Chapter 33, Unified Development Code, Article 10 Definitions, Sec. 33-10.2. Definitions applicable to this entire UDC, be amended to include definitions for bed and breakfast, short-term rental, and other related terms that are consistent with other chapters of the Code, to read as follows: * * * Bed and breakfast (B&B) shall mean a manager-occupied residential structure containing less than six (6) guest rooms that is rented for overnight lodging with or without meals to one (1) or more parties of paying or non-paying transient guests, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. * * * PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 56 of 67 TXT-1-18 Camp, fishing and/or hunting shall mean a building that provides facilities for fishing, hunting or related activities and used as a dwelling unit for the owner or overnight lodging to paying or non-paying guests. * * * Family shall mean one (1) or more persons living together and occupying a dwelling unit as a single housekeeping unit with complete living facilities including kitchen facilities or equipment for cooking and a room or rooms for living, sleeping, bathing and eating. A secondary culinary facility may be permitted only as provided in Chapter 40, Article VI, Single-Family Residential District-R-1A of this Code. * * * Home occupation shall mean an occupation carried out by a resident within a dwelling unit, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes. * * * Operator shall mean any person who is the proprietor of any bed and breakfast, hotel, motel, or short-term rental, whether in the capacity of owner, lessee, receiver, sub lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, as applicable, who offers and accepts payment for rooms, guest rooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the bed and breakfast, hotel, motel, or short-term rental. * * * Primary residence shall mean a dwelling unit where an individual resides for more than fifty (50) percent of the calendar year. * * * Short-term rental (STR) shall mean a dwelling unit which provides overnight lodging to no more than one (1) party of transient guests at a time, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. * * * Transient guest shall mean a person who resides at a place other than his usual place of residence for no more than thirty (30) consecutive days. * * * 8. That Chapter 35, Taxation, Article VI. Occupational License tax, Sec.35-158. Separate license required for each location, based on primary class of business, be amended to apply to bed and breakfasts and short-term rentals, to read as follows: Only one (1) license shall be required for each place of business, and the license shall be based upon the classification of business which constitutes the major portion of the taxable annual gross sales and receipts. However, any person operating coin vending or weighing machines shall obtain only one (1) license, regardless of the locations of the machine. However, a separate license shall be required for hotels, motels, rooming houses, and boarding houses, bed and breakfasts, and short-term rentals. Such license shall be in addition to the license required if other classes of business are operated in conjunction with the hotel, motel, rooming house or boardinghouse. * * * 9. That Chapter 35, Taxation, Article VI. Occupational License tax, Sec. 35-179. Businesses where licenses are based on flat fees, based on primary class of business, be amended to apply to bed and breakfasts and short-term rentals, to read as follows: * * * (c) Peddlers and itinerant vendors. (1) PAB – Results 1/26/2018 All peddlers, hawkers, itinerant vendors, and every person who displays samples, models, goods, wares, or merchandise on a temporary basis in any hotel, motel, bed and breakfast, short-term rental, store, storehouse, house, vehicle, or any other place, for the purpose of securing orders for the retail sale of such goods, wares, or the like kind or quality, either for immediate or future delivery shall obtain a license based on a fee not to exceed two hundred dollars ($200.00) provided that an itinerant vendor of agricultural products purchased directly from farmers or an itinerant vendor Planning Department AG Jefferson Parish, Louisiana Page 57 of 67 TXT-1-18 of seafood products who has either harvested the seafood himself or has purchased the seafood directly from commercial fishermen or shrimpers shall obtain a license based on a flat fee not to exceed one hundred dollars ($100.00); (i) * * * Hotels, motels, rooming houses, boardinghouses, bed and breakfast, or shortterm rental. Any person operating a hotel, motel, rooming house or boarding house, bed and breakfast, or short-term rental shall pay an annual license tax of two dollars ($2.00) for each sleeping room contained by the hotel, motel, rooming house or , boardinghouse, bed and breakfast, or short-term rental. * * * 10. That Chapter 40, Zoning, Article 1. In General, Sec.40-3. Definitions, be amended to simplify definition of home occupation, modify definition of family and add definitions for, bed and breakfast, short-term rental and other related matters that are consistent with other chapters of the Code, to read as follows: * * * Bed and breakfast (B&B) shall mean a manager-occupied residential structure containing less than six (6) guest rooms that is rented for overnight lodging with or without meals to one (1) or more parties of paying or non-paying transient guests, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. * * * Camp, fishing and/or hunting shall mean a building that provides facilities for fishing, hunting or related activities and used as a dwelling unit for the owner or overnight lodging to paying or non-paying guests. * * * Family shall mean one (1) or more persons related by blood or marriage living together and occupying a dwelling unit as a single housekeeping unit with complete living facilities including single culinary kitchen facilities or a group of not more than four (4) persons living together by mutual agreement and occupying a single housekeeping unit with single culinary facilities on a non-profit cost-sharing basis. Domestic servants resident on premises shall be considered as part of the family. or equipment for cooking and a room or rooms for living, sleeping, bathing and eating. A second culinary facility may be permitted only as provided in Article VI, Single-Family Residential District - R-1A of this Code. * * * Home occupation shall mean any occupation within a dwelling and clearly secondary thereto, carried on by a member of the family residing on the premises, provided that no person not a resident of the premises is employed, that not more than fifteen (15) percent of the floor area of the dwelling is used for the home occupation, and no stock in trade is kept or commodities sold, no mechanical equipment is used except such that is normally used for family, domestic, or household purposes, and there is no exterior indication other than a small nameplate of not more than two (2) square feet that the building is being used for any purposes other than a dwelling. When within the above requirements, a home occupation includes but is not limited to the following: the secondary professional office of a lawyer, engineer, architect, journalist, accountant or other professional person, and salesman, real estate agent, insurance agent and mailorder service provided that the stock or commodities connected with the service are not delivered to or from the premises. Other similar occupations including musical instruction limited to not more than one (1) pupil at a time; and the occupation of an artist, photographer, draftsman, tailor, milliner or alterationist shall also be deemed to be home occupations. The following shall not be interpreted to be home occupations: dancing instructions, band instrument instruction groups, tearooms, real estate offices, convalescent homes, mortuary establishments, stores, trades, offices of a physician or a dentist where mechanical equipment is used or business of any kind not herein excepted. In addition to the required parking for the residential use of the property, all property on which a home occupation is to be located, shall have a minimum of at least PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 58 of 67 TXT-1-18 one (1) additional parking space exclusive of that which is required for the residential use of the property. an occupation carried out by a resident within a dwelling unit, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes. * * * Operator shall mean any person who is the proprietor of any bed and breakfast, hotel, motel, or short-term rental, whether in the capacity of owner, lessee, receiver, sub lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, as applicable, who offers and accepts payment for rooms, guest rooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the bed and breakfast, hotel, motel, or short-term rental. * * * Primary residence shall mean a location where an individual resides for more than fifty (50) percent of the calendar year. * * * Short-term rental (STR) shall mean a dwelling unit which provides overnight lodging to no more than one (1) party of transient guests at a time, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days. * * * Transient guest shall mean a person who resides at a place other than his usual place of residence for no more than thirty (30) consecutive days. * * * 11. That Chapter 40, Zoning, Article XIX. Neighborhood Commercial District (C-1), Sec. 40-322. Permitted uses, be amended to clarify existing regulations for residential and non-residential uses in mixed use buildings, to read as follows: * * * (2) A residential One (1) or more dwelling shall be permitted units are allowed only in the main structure containing non-residential uses permitted in this district provided the following criteria are met: a. Separate ingresses and egresses shall be provided for the residential dwelling uses and the non-residential uses. b. In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the non-residential uses and residential dwellings uses shall be segregated and clearly defined. c. The front, side, and rear yard requirements shall be based on the nonresidential use on the lot. d. A residential No dwelling shall not be permitted units are allowed in structures containing non-residential uses that operate between the hours of midnight and 6:00 a.m., or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; Emergency Services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances. * * * 12. That Chapter 40, Zoning, Article XX. General Offices (GO-1), Sec. 40-342 Permitted uses, be amended to clarify existing regulations for residential and non-residential uses in mixed use buildings, to read as follows: In GO-1 Districts only the following uses of property shall be permitted: (1) A residential One (1) or more dwelling shall be permitted units are allowed in the main structure containing non-residential uses permitted in this district provided the following criteria are met: a. Separate ingresses and egresses shall be provided for the residential dwelling uses and the non-residential uses. b. In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the non-residential uses and residential dwellings uses shall be segregated and clearly defined. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 59 of 67 TXT-1-18 c. The front, side, and rear yard requirements shall be based on the nonresidential use on the lot. d. A residential No dwelling shall not be permitted units are allowed in structures containing non-residential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; Emergency Services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances. * * * 13. That Chapter 40, Zoning, Article XXI. General Offices (GO-2), Sec. 40-362. Permitted uses, be amended to clarify existing regulations for residential and non-residential uses in mixed-use buildings, to read as follows: In GO-2 Districts only the following uses of property shall be permitted: A residential One (1) or more dwelling shall be permitted units are allowed only in the main structure containing non-residential uses permitted in this district provided the following criteria are met: (1) a. The residential dwelling total floor area of dwelling units shall not exceed fifty (50) percent of the total floor area of the main structure. b. Separate ingresses and egresses shall be provided for the residential dwelling uses and the non-residential uses. c. In addition to the requirements in Article XXXV Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the non- residential and residential uses shall be segregated and clearly defined. d. The front, side, and rear yard requirements shall be based on the nonresidential uses contained on the lot. e. A residential No dwelling shall not be permitted units are allowed in structures containing non-residential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; Emergency Services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances. f. Any variances to the above criteria shall require approval by the Jefferson Parish Council in accordance with the procedures set forth in Article XLVIII, Changes and Amendments. * * * 14. That Chapter 40, Zoning, Article XXIII. Business Core District (BC-1), Sec. 40402. Permitted uses, be amended to clarify existing regulations for residential and non-residential uses in mixed-use buildings, to read as follows: * * * (2) A residential One (1) or more dwelling shall be permitted units are allowed in the main structure containing non-residential uses permitted in this district provided the following criteria are met: a. Separate ingresses and egresses shall be provided for the residential dwelling uses and the non-residential uses. b. In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the non-residential uses and residential dwellings uses shall be segregated and clearly defined. c. The front, side, and rear yard requirements shall be based on the nonresidential uses on the lot. d. A residential No dwelling shall not be permitted units are allowed in structures containing non-residential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; Emergency PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 60 of 67 TXT-1-18 Services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances. * * * 15. That Chapter 40, Zoning, Article XXIV, Business Core District (BC-2), Sec. 40422. Permitted uses, be amended to clarify existing regulations for residential and non-residential uses in mixed-use buildings, to read as follows: * * * (2) A residential One (1) or more dwelling shall be permitted units are allowed only in the main structure containing non-residential uses permitted in this district provided the following criteria are met: a. Separate ingresses and egresses shall be provided for the residential dwelling uses and the non-residential uses. b. In addition to the requirements in Article XXXV, Off-Street Parking, Loading, and Clear Vision Area Regulations, parking spaces for the non-residential uses and residential dwellings uses shall be segregated and clearly defined. c. The front, side, and rear yard requirements shall be based on the nonresidential uses on the lot. d. A residential No dwelling shall not be permitted units are allowed in structures containing non-residential uses that operate between the hours of midnight and 6:00 a.m. or use, sell, or store hazardous materials as classified in Chapter 13 Fire Prevention and Protection; Emergency Services and Communication of the Jefferson Parish Code of Ordinances, more particularly section 13-7(a) entitled classes of hazardous substances. * * * 16. That Chapter 40, Zoning, Article XXXIV, Unrestricted Rural District (U-1R), Sec. 40-642. Permitted uses, be amended to add provisions for bed and breakfasts, to read as follows: (1) A building or land may be used for any purpose whatsoever not in conflict with any ordinance of the Parish of Jefferson with the exception of hazardous, radioactive or nuclear waste treatment, storage, or disposal facilities, and uses described in Sec. 40-612(2), which shall not be permitted under any condition and the following uses which shall be permitted only with the approval of the Jefferson Parish Council, and only when not located within three hundred (300) feet of any use other than commercial or industrial. Bed and breakfast, as defined in this chapter, shall comply with the standards of Article XXXIX, Exceptions and Modifications, Sec. 40-753. Regulations for bed and breakfasts. * * * 17. That Chapter 40, Zoning, Article XXXV, Off-Street Parking, Loading and Clear Vision Area Regulations, Sec. 40-662.Off-street parking requirements, be amended to add bed and breakfasts to the alphabetical list of uses and renumbered accordingly, to read as follows: * * * (3) Bed and Breakfast (B&B) One (1) space for each guest room plus one (1) additional space for onsite manager (3)(4) Bowling Alleys Five (5) spaces per alley * * * 18. That Chapter 40, Zoning, Article XXXIX. Exceptions and Modifications, be amended to add new section for home occupations, including regulations for short-term rentals, bed and breakfasts, and renumbering subsequent sections, to read as follows: * * * Sec. 40-752. Regulations for home occupations. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 61 of 67 TXT-1-18 (a) Purposes. (1) Permit and regulate the conduct of home occupations as a secondary use to a dwelling unit, whether owner‐ or renter‐occupied, but with the property owner’s consent; (2) Ensure that home occupations are compatible with, and do not have a harmful effect on nearby residential properties and uses; (3) Adequately protect existing residential neighborhoods from dust, odors, noise, traffic, or other potentially adverse effects of home occupations; (4) Allow residents of the community to use their homes as a work place and a source of livelihood, under certain specified standards, conditions, and criteria; (5) Enable the fair and consistent enforcement of these home occupation regulations; and (6) Promote and protect the public health, safety and general welfare. (b) Applicability. The home occupations permitted in Sec. 40-752(d) below are allowed in any dwelling unit. Home occupations include any permitted occupation within a dwelling unit, clearly incidental and secondary to the use of the dwelling unit for residential purposes, and carried on by a member of the family residing in the dwelling unit. (c) Standards. (1) Only residents of the premises shall be employed; (2) No more than fifteen (15) percent of the gross floor area of the dwelling unit shall be used for the home occupation; (3) The occupation shall be conducted entirely within the interior of the residence; (4) Storage of goods and materials shall be inside and shall not include flammable, combustible, or explosive materials; (5) No generation of dust, odors, noise, vibration, or electrical interference or fluctuation shall be perceptible beyond the property line; (6) Electronically amplified sounds from the occupation shall not be audible from adjacent properties or public streets; (7) No mechanical equipment shall be used except equipment normally used for family, domestic, or household purposes; (8) Deliveries and pickups shall be those normally associated with residential services and occurring during normal residential hours and shall not block traffic circulation; (9) One (1) parking space shall be provided for the home occupation in addition to the parking required for the residential use; (10) No exterior indication of the occupation shall be perceptible except one (1) non‐illuminated sign or nameplate limited to no more than two (2) square feet mounted flush against the wall of the dwelling unit. (d) Permitted home occupations. The following home occupations are allowed subject to the standards established in Sec. 40-752 (c): (1) Accounting, tax preparation, bookkeeping, and payroll services (LBCS function code 2412); (2) Advertising, media, and photography services (LBCS function code 2417); (3) Architectural, engineering, landscape architectural, drafting, and related services (LBCS function code 2413); (4) Artist, writer, or performer (LBCS function code 5160); (5) Computer training (limited to no more than one (1) student at a time; LBCS function code 6143); (6) Consulting services (LBCS function code 2415); (7) Diet, weight reduction, and exercise services (limited to no more than one (1) client at a time; LBCS code 2612); (8) Events promotion or agent services (LBCS function codes 5140 and 5150); (9) Graphic and interior design services (LBCS function code 2414); (10) Financial planning and investment services (LBCS function code 2250); (11) Information and data processing services (LBCS function code 4240); (12) Insurance sales (LBCS function code 2240); (13) Legal services (LBCS function code 2411); (14) Mail‐order business (limited to order taking only; no stock in trade allowed; LBCS function code 2144); PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 62 of 67 TXT-1-18 (15) Music, art, craft, and similar lessons (limited to no more than one (1) pupil at a time; LBCS function code 6145); (16) Professional, scientific, or technical services (LBCS function code 2420); (17) Real estate or property management agent (LBCS function codes 2310 and 2320); (18) Tailoring (e.g., dressmaking and alterations) services (LBCS function code 3131); (19) Travel arrangement and reservation services (LBCS function code 2430). (e) Prohibited home occupations. The following uses are prohibited as home occupations: (1) Band instrument group instruction; (2) Convalescent home; (3) Dancing instruction; (4) Mortuary establishment; (5) Physician or dentist office in which mechanical equipment is used; (6) Real estate office; (7) Short-term rental; except limited short-term rental is allowed subject to the following restrictions and conditions: a. Short-term rental is prohibited in the following zoning districts: Batture (B-1), Suburban (S-1), Single-Family Residential (R-1A), Suburban Residential (R-1B), Rural Residential (R-1C), Rural Residential (R-1D), Manufactured Home (R-1MH), Two-Family Residential (R-2), Three- and Four-Family Residential (RR-3), Multiple-Family Residential (R-3), Townhouses (R-1TH), Condominiums (R-1CO), Core District Residential (CD-R), Office-Warehouse (OW-1), Industrial (M-1), Industrial (M-2), Industrial (M-3), Industrial (M-4), Gaming and Entertainment District (GED), Penal and Criminal Correctional Institution (P-1), the following exceptions: 1. Short-term rentals associated with film and movie production. Shortterm rentals shall be permitted in all zoning districts when associated with film, motion picture, television, or commercial production activities, as defined in Chapter 26, Article VI-Film and Movie Production, and shall adhere to the following requirements: i. The operator of the short-term rental and the duration of stay shall coincide with a valid, active Jefferson Parish film permit(s) and location permit(s). ii. The dwelling unit of the short-term rental shall be the primary residence of the operator. iii. There shall be no external evidence that the building or dwelling unit is being used as a short-term rental. iv. Each short-term rental shall be equipped with a hardwired smoke detector, hardwired carbon monoxide detector, and fire extinguisher on the premises. Short-term rentals shall meet or exceed all applicable building codes. v. Regulations do not apply to the temporary use of private property for filming purposes. 2. Fishing and/or hunting camps located on the unprotected side of, or within three hundred (300) feet of, the Pontchartrain and Vicinity Hurricane Protection Levee, the West Bank and Vicinity Hurricane Protection Levee, the Mississippi River and Tributaries Flood Protection Levee, or the Jefferson Parish Urban Growth Limit Line. 3. Real estate agreement arrangement where either the seller pays the new owner to stay at the property after the close of escrow; or the buyer pays the seller to move in before the sale has actually closed. b. Short-term rental is allowed in the following zoning districts: Old Bucktown Mixed-Use Residential District (OBM-1), Old Bucktown MixedUse Commercial District (OBM-2), Pedestrian-Core (FC-1), Residential Mixed-Use (FC-2), and Commercial Mixed Use (FC-3), Medical Services (H-1), Medical Services (H-2), Neighborhood Commercial (C-1), General Offices (GO-1), General Offices (GO-2), Business Core (BC-1), Business Core (BC-2), Mixed-Use Corridor (MUCD), General Commercial (C-2), Unrestricted Suburban (U-1S), and Unrestricted Rural (U-1R) subject to PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 63 of 67 TXT-1-18 the following standards: 1. Short-term rental shall be subject to the standards for home occupations provided for in Sec.40-752(c).Standards, except subsections (2) and (10). 2. The dwelling unit of the short-term rental shall be the primary residence of the operator in accordance with the requirements of Chapter 17.5 Lodging Accommodations of this Code, except in zoning districts that allow hotels and motels. 3. Short- term rental shall not be located in recreational vehicles or travel trailers. 4. Short-term rental shall not include rental for meetings, such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation. 5. There shall be no external evidence that the building or dwelling unit is being used as a short-term rental. 6. Short-term rental shall be subject to the provisions of 17.5 Lodging Accommodations, Chapter 20 Offenses and Miscellaneous Provisions, and Chapter 35 Taxation of this Code. c. Amortization of short-term rentals. 1. Findings. The Parish Council finds that: i. Generally, Jefferson Parish is characterized by a suburban development pattern of homogenous land uses concentrated in neighborhoods and along transportation corridors. ii. Where appropriate, mixed land uses are allowed to promote a denser, urban development pattern. iii. The most prevalent land use in Jefferson Parish is the detached single-family home, which comprises many, quiet, wellmaintained, and family-oriented neighborhoods. iv. The short-term rental of a home is a business that generally is not compatible with the homogenous residential character of many of the Jefferson Parish’s neighborhoods. v. Subject to use standards, the short-term rental of a home is compatible in mixed–use and commercial areas where residential and non-residential co-exist. vi. To promote health, safety, and the general welfare, and in accordance with the comprehensive plan, the amortization of existing short-term rentals, within a reasonable timeframe is necessary so these activities either cease operations where prohibited or come into compliance where allowed by the provisions of this Code. 2. Purpose. The purposes of this section are to: i. Provide an adequate timeframe for operators of short-term rentals allowed as permitted uses by-right to come into compliance with the standards and approval and licensing requirements provided for in this Code; and ii. Establish a fair and equitable process for the elimination of shortterm rentals existing prior to the adoption date of this ordinance and prohibited by new regulations. 3. Amortization. Any short-term rental operating prior to [date of adoption of ordinance] shall have either twelve (12) months to cease operations or six (6) months to compliance with standards, from said date to come into compliance with one of the following, as applicable: i. If located in a zoning district where short-term rental is prohibited, shall cease operations. During the twelve (12)-month period, the short-term rental shall be considered a nonconforming use and shall not be required to adhere to the standards set forth in Sec.40752(e)(7). However, upon termination of the amortization period, the short-term rental shall cease operation immediately. ii. If located in a zoning district where short-term rental is permitted by-right, the short-term rental shall have six (6) months to come into compliance with the standards set forth in Sec. 40-752 (e)(7), including all required licenses. PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 64 of 67 TXT-1-18 d. Long-term rental. Nothing in these short-term rental provisions is intended to apply to or prohibit the long term rental of a dwelling unit for thirty (30) or more consecutive days and where typically the method of rental involves an extended period of time and tenant obligations such as payment of utility bills in the name of the tenant. (8) Stores; (9) Tearoom; (10) Trades; or (11) Business of any kind not herein prohibited. Sec. 40-753. Regulations for bed and breakfast. (a) (b) Manager must reside on premises. Meals may be served to registered guests provided all applicable parish and state codes for food services are met. (c) Cooking facilities are prohibited in individual guest rooms. (d) Bed and breakfasts shall not include rental for meetings, such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation. (e) There shall be no external evidence that the building is being used as bed and breakfast, except one (1) non-illuminated wall, hanging or projecting sign limited to no more than four (4) square feet in area. (f) Bed and breakfasts shall be subject to the parking requirements of Article XXXV Off-Street Parking, Loading and Clear Vision Area Regulations of this chapter. (g) Bed and breakfasts shall be subject to the provisions of Chapter 17.5 Lodging Accommodations, Chapter 20 Offenses and Miscellaneous Provisions, and Chapter 35 Taxation of this Code. * * * Secs. 40-7524--40-760. Reserved. * * * REFERENCES Advisory Committee on Zoning. A Standard State Zoning Enabling Act (SZEA) (1926). https://planning-org-uploadedmedia.s3.amazonaws.com/legacy_resources/growingsmart/pdf/SZEnablingAct1926.pdf Alexandria, (Louisiana), City of. (Revised 2016, May 31). Land Development Code. Accessed June 16, 2017. https://www.cityofalexandriala.com/zoning Ashland, (Oregon), City of (2015). 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Sample Legislation: www.generalcode.com Bed-and-breakfast Inns. Accessed December 2016. San Francisco, (California) City of. (2015). Administrative Code. Chapter 41A, Residential Unit Conversion and Demolition. Cincinnati: American Legal Publishing Corporation. San Jose, (California) City of. (2015). Code of Ordinances. Title 20, Zoning; Chapter 20.30, Residential Zoning Districts; Part 2, Uses Allowed; Section 20.30.110, Incidental Uses. Chapter 20.40, Commercial Zoning Districts And Public/Quasi-Public Zoning District; Part 2, Uses Allowed; Section 20.40.115, Incidental Use, Residential. Chapter 20.70, Downtown Zoning Regulations; Part 2, Uses Allowed; Section 20.70.130, Incidental Use, Residential. Chapter 20.75, Pedestrian Oriented Zoning Districts; Part 3, Use Regulations; Section 20.75.230, Incidental Use, Residential. Chapter 20.80, Specific Use Regulations; Part 2.5, Transient Occupancy as an Incidental Use to a Residence. Tallahassee, Fla.: Municipal Code Corporation. San Luis Obispo, California,.2015. www.slocity.org/how-do-i/applyOrdinance No. 1611. Accessed November 1, 2016. for/permits/permits-for-home-owners-and-renters. Santa Fe, (New Mexico) City of. (2015). Land Development Code. Article 14-6, Permitted Uses and Use Regulations; Section 14.6-2, Use-Specific Standards; part A(5), Residential Uses - Short-Term Rental of Dwelling Units – Residentially Zoned Property. Shreveport, (Louisiana), City of. (2017, May). Unified Development Code. Accessed June 16, 2017. http://shreveportcaddompc.com/zoning/ Snohomish County (Washington). Unified Development Code. Accessed October 16, 2017.http://www.codepublishing.com/WA/SnohomishCounty/html/SnohomishCounty30/ SnohomishCounty3028.html#30.28.020 Terrebonne Parish (Louisiana). Code of Ordinances. Accessed June 16,2017. https://library.municode.com/la/terrebonne_parish/codes/code_of_ordinances Westwego, (Louisiana) City of. Code of Ordinances. Accessed September 11, 2017. https://library.municode.com/la/westwego/codes/code_of_ordinances PAB – Results 1/26/2018 Planning Department AG Jefferson Parish, Louisiana Page 67 of 67 TXT-1-18 TXT-1-18 Jefferson Parish Planning Department Short-Term Rental (STR) in Jefferson Parish January 11, 2018 PAB Public Hearing 1 January 11, 2018 Jefferson Parish Planning Department STR Common Meaning: 2 • A dwelling unit rented for less than 30 consecutive days Short-Term Rentals (STRs)-PAB TXT-1-18 • Neighbor complained • PMZ investigated and issued citation • On appeal, 24th JDC ruled in favor of property owner operating STR, finding: • STRs not specifically defined or regulated • Parish’s current regulations do not differentiate between short- and long-term rental or specify that rentals are prohibited January 11, 2018 • Bixler St. case (2015) Jefferson Parish Planning Department Study Background • Resolution No. 126639 (2016) • Council called a zoning text study of STR Short-Term Rentals (STRs)-PAB TXT-1-18 3 January 11, 2018 • One facet of the“ sharing economy” • Wide range of transactions mediated by websites or mobile technology related to sharing property or services • Websites include Airbnb, HomeAway, VRBO, Flipkey • Match travelers with property owners/residents who rent a sofa, a room, or an entire property Jefferson Parish Planning Department STR Background 4 Short-Term Rentals (STRs)-PAB TXT-1-18 • Extra income • Sometimes more lucrative than traditional leases • To travelers • More authentic local experience • Affordable alternative to hotels/motels • Large group housed together • To cities and counties • • • • Create mixed-use enclaves that may attract new residents Generate revenues through taxes and fees Promote tourism Participate in the lasting sharing economy January 11, 2018 • To residents Jefferson Parish Planning Department Appeal of STRs 5 Short-Term Rentals (STRs)-PAB TXT-1-18 • • • • • Noise Trash Traffic Parking Public nuisance, e.g., “party houses” January 11, 2018 • Adds building code and fire safety concerns • Incentivizes landlords to take long-term rental properties off the market • Creates unfair competition with licensed establishments if STRs don’t pay occupancy and other taxes • Increases complaints related to: Jefferson Parish Planning Department Risks of Permitting STRs • Changes fundamental character of a neighborhood from residential to quasi-commercial 6 Short-Term Rentals (STRs)-PAB TXT-1-18 Zoning Districts Prohibited Permitted by-right as principal or accessory use Permitted as conditional/special use Primary residence Guest room or whole-house Licensing Presence of the operator Maximum duration Maximum occupancy Density cap Fire safety features Neighborhood notification Parking Lodging and business registration Taxation Homeowner and liability insurance Terms, renewal, and revocation January 11, 2018 Standards Jefferson Parish Planning Department Planning and Regulatory Strategies Inspection and enforcement 7 Short-Term Rentals (STRs)-PAB TXT-1-18 Communities Take Different Approaches Prohibitive New York, NY Accessory use by guest room Whole-apartment prohibited Fines up to $7500 per occurrence Short-Term Rentals (STRs)-PAB Cottonwood Heights, UT Conditional use in specific zoning districts Whole-house permitted Restrictive Portland, OR Accessory use in all zoning districts Whole-house permitted Must be the primary residence of the operator (min 270 days/ year) TXT-1-18 Denver, CO Accessory use in all zoning districts Whole-house permitted Must be the primary residence of the operator Permissive, but regulatory New Orleans, LA Accessory, temporary, or principal use depending on the zoning district Whole-house permitted for temporary licenses up to 90 days Jefferson Parish Planning Department Anaheim, CA Prohibited 18 month amortization period for existing STRs and pending applicants 8 Type A Accessory $200 Type T Temporary $50 with homestead exemption; $150 without homestead exemption Type C Commercial $500 Description Room or half of double with required presence of operator Whole-house up to 90 days per year Rental of entire dwelling unit outside residential zoning districts Max. No. of Bedrooms 3 5 5 Max. No. of Guests 6 10 10 Neighborhood Restrictions Prohibited in FQ Prohibited in FQ Prohibited in FQ, except 200-700 blocks of Bourbon Primary Residency Requirement Yes proof of homestead exemption No No Operator Must be owner May be owner or renter Must be owner or designated in-town manager Short-Term Rentals (STRs)-PAB TXT-1-18 Effective April 1, 2017 January 11, 2018 STR License Permit Types Licensing Fees (Initial issuance and renewal) Jefferson Parish Planning Department New Orleans Regulations 9 Popular STR platforms 5/23-6/14/2016 8/21-8/23/2017 Airbnb Homeaway 148 30 299 105 Flipkey 21 27 VRBO 50 119 TOTAL 249 550 January 11, 2018 Approx. Number of Listings in Jefferson Parish Jefferson Parish Planning Department Snapshots of Our STR Activity 10 Sources: www.Airbnb.com/. www.Homeaway.com/. www.Flipkey.com/. www.vrbo.com/. Short-Term Rentals (STRs)-PAB TXT-1-18 17.81 Jefferson Parish, LA 8.87 133.24 Portland, OR 133.24 352.84 New Orleans, LA 300.11 133.04 New York, NY 127.76 2017 data not available Denver, CO January 11, 2018 Approx. Number of Listings per 10,000 Housing Units (2016-2017) Jefferson Parish Planning Department How We Compared 90.83 0 50 100 150 2017 200 250 300 350 400 2016 Denver, CO as of 05/16/2016; New York, NY as of 10/1/16 & 5/2/17; New Orleans, LA as of 10/3/16 & 6/2/17, Portland, OR as of 7/4/16 & 4/7/17; Jefferson Parish, LA as of 6/14/16 & 08/23/17. Data Sources: www.Insideaibnb.com/ .www.Airbnb.com/ . 2015 Census Quickfacts. http://www.census.gov/. Short-Term Rentals (STRs)-PAB TXT-1-18 11 Communities Entire Home Private Room Shared Room Total Grand Isle 36 0 0 36 Gretna 33 13 0 46 Harahan 0 1 0 1 Harvey 13 7 0 20 Jefferson 15 6 0 21 Kenner 11 16 0 27 Lafitte 6 0 0 6 Marrero 9 8 3 20 Metairie 75 51 1 127 River Ridge 4 1 0 5 Westwego Total 7 3 0 209 106 4 10 319 Data Source: www.Airdna.com/ accessed 9/25/17. Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Approx. Number of Listings Jefferson Parish Planning Department Airbnb Activity On One Day: 9/25/2017 12 Purpose Ch. 8 Buildings and Building Regulations • • IBC: Sprinklers in hotels, motels, apartments, dwellings over 3 stories IRC: Carbon monoxide/smoke detectors for 1-, 2- family dwellings 3 stories or less Ch. 17.5 Hotels and Motels • • • • • Guest room requirements Operational standards Licensing Violations Suspension and revocation Ch. 19 Nuisances • Trash, blight, weeds Ch. 20 Offenses and Miscellaneous Provisions • • Noise Hourly rental of hotels/motels prohibited Ch. 35 Taxation • • • Occupational license/registration with Secretary of State Hotel occupancy taxes - under 2 or 10 rooms exempt Sales taxes Ch. 33 and Ch. 40 Zoning • • Land use permissions Use standards Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Code of Ordinances Jefferson Parish Planning Department Relevant Code Chapters 13 Provisions Guest room requirements • • • Compliance w/ building code, property maintenance, state health laws Proper bedding & bathroom 24-hr. free emergency telephone access Operational standards • • • • • Supervised by manager or designee at all times Pest control maintenance Evidence of guest identity, maintenance of registration records Display of license in building Prohibition of rental of a room for less than 12 hours Licensing • • Application, annual renewal, fee JPSO, PAO and PMZ review and approval Violations • • • Refusal to remedy building code violation Reports of nuisances/complaints Failure to renew license Suspension and revocation • Hearing conducted by hotel/motel review committee or Parish Council • Notice of summons • In addition to violations, committee can consider 10+ calls to JPSO & prostitution or drug-related offenses on hotel property • No appeals granted after final action by JP Council Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Categories Jefferson Parish Planning Department Chapter 17.5 Hotels and Motels 14 JPSO conducts criminal background check Application Submitted to ICE PAO verifies licenses and business status PMZ conducts inspection of facility Short-Term Rentals (STRs)-PAB TXT-1-18 ICE issues license January 11, 2018 Jefferson Parish Planning Department Existing Hotel/Motel Licensing Procedure 15 • The U.S. Supreme Court held that zoning, by separating uses and density, is a legitimate exercise of this power January 11, 2018 • Like most local governments, we regulate the use of land for the health, safety, and welfare of our citizens Jefferson Parish Planning Department Chapters 33 and 40 Zoning 16 From 21st Century Land Development Code. 2008. Freilich, Robert H. and S. Mark White. Chicago: American Planning Association. Short-Term Rentals (STRs)-PAB TXT-1-18 From 21st Century Land Development Code. 2008. Freilich, Robert H. and S. Mark White. Chicago: American Planning Association. Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Zoning involves the division of land uses by district • Most codes, including ours, have basic residential, business/ commercial, and industrial districts; and • Aim to protect land uses, such as single-family residential uses, from incompatible uses that are not harmonious with the character of these uses, and • Could have adverse impacts on property values and public health, safety, and welfare Jefferson Parish Planning Department Chapters 33 and 40 Zoning 17 • Mix uses vertically and/or horizontally; • Create patterns found in “traditional” neighborhoods From 21st Century Land Development Code. 2008. Freilich, Robert H. and S. Mark White. Chicago: American Planning Association. Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Conventional wisdom of use separation undergoing refinement • Many comprehensive plans, including ours, encourage mixed-use development patterns, where appropriate, to allow residential and nonresidential uses to locate in close proximity • Mixed-use zoning districts and standards are now common Jefferson Parish Planning Department Zoning 18 • Twelve (12) zoning districts allow residential dwellings primarily • 59% of zoned land is single-use residential • 38% of zoned land is R-1A detached single-family residential • Mixed-use nodes and corridors • Fat City, Bucktown, Metairie Road Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Generally, a conventional suburban development pattern established and maintained by zoning and consistent with our Comprehensive Plan • Large areas of single uses Jefferson Parish Planning Department The Character of Our Built Environment 19 Conventional Residential Conventional Commercial Conventional Industrial Mixed Use Uses Permitted Primarily residential with schools, religious uses Primarily commercial with multifamily residential (5+ dwelling units) Industrial and warehousing; no residential Wide range of uses from residential to light industrial Zoning Districts S-1, R-1A, R-1B, R-1C, R-1D, R-1MH, R-1TH, R-2, RR-3, R-1CO, R-3, CD-R BC-1, BC-2, C-1,C-2, MUCD M-1, M-2, M-3, M-4, OW-1 H-1, H-2, GO1, GO-2, OBM1, OBM-2, FC-1, FC-2, FC-3, U-1S, U-1R January 11, 2018 Description Jefferson Parish Planning Department Zoning Districts and Their Principal Uses 20 Short-Term Rentals (STRs)-PAB TXT-1-18 • Bed & Breakfast (B&B); • Hotels and Motels • Allowed in some commercial and mixed-use districts: • B&B: U-1S and U-1R but without standards • Hotels and motels: defined as 6+ rooms allowed in the following zoning districts: • FC-1 and FC-3 (hotels only), U-1S, M-1, M-2 and U1R without standards • BC-2 and C-2 with landscaping standards • OW-1 and MUCD with C-2 standards January 11, 2018 • Two types: Jefferson Parish Planning Department Lodging Accommodations in Our Code 21 Short-Term Rentals (STRs)-PAB TXT-1-18 • Hair care • Nursery or pre-school Short-Term Rentals (STRs)-PAB January 11, 2018 • Limited home occupations allowed as uses accessory to a dwelling include: • Professional office • Artist, photographer, musical instruction to one pupil at a time • Tailor • Subject to standards: • Carried on by person residing on premises • No outside employees • 15% of floor area square footage • One additional parking space • Two square feet of exterior signage • Certain businesses allowed in homes require Council approval: Jefferson Parish Planning Department Home Occupations in Our Code 22 TXT-1-18 Jefferson Parish Planning Department Findings What are our findings? Short-Term Rentals (STRs)-PAB TXT-1-18 23 • Treating STRs like other lodging accommodation uses—hotels, motels, B&Bs—is appropriate • Creating standards for B&Bs is needed • Establishing where and how STR is allowed is consistent with our overall regulatory approach to lodging accommodations January 11, 2018 • The business of STR is lodging accommodation, catering primarily to travelers and tourists Jefferson Parish Planning Department STR is a Business 24 Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Land-use restrictions protect the integrity of primarily residential or industrial neighborhoods • Prohibition of use • Conditional use, subject to standards • Land-use permissions promote commercial or mixed-use neighborhoods where appropriate • By-right use, subject to standards Jefferson Parish Planning Department Long-Standing Zoning Purposes Are Relevant 25 Short-Term Rentals (STRs)-PAB TXT-1-18 • • • • Usually operate during normal business hours Limited to small area of house Provide services to residents of the community Generally allowed in residential areas, as long as they don’t interfere with the lives of neighbors • STR • • • • Involves 24/7 operation Usually involves entire home Serves persons who come from outside the community Has greater potential impacts on the neighborhood, including noise, parking, and trash January 11, 2018 • Typical home occupations Jefferson Parish Planning Department STR is Not a Typical Home Occupation 26 Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • STR is more extensive than a typical home occupation • Its potential for greater intensity of activity and impact means that is: • Incompatible in our conventional residential zoning districts • More compatible in our more dense and intense commercial and mixed use zoning districts Jefferson Parish Planning Department Standard Home Occupation Doesn’t Fit 27 Short-Term Rentals (STRs)-PAB TXT-1-18 • Fire safety requirements in Ch. 8 • Operational and licensing requirements in Ch. 17.5 • Trash and other nuisances in Ch. 19 • Restrictions on hourly rental in Ch. 20 • Occupational license and taxation in Ch. 35 • Use restrictions and standards in Ch. 33 and Ch. 40 • Able to be amended Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Established in our Code of Ordinances Jefferson Parish Planning Department We Have a Regulatory Framework in Place 28 Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • By its nature, STR presents enforcement challenges • Not all potential use standards are easy to monitor • Whether the owner or renter is home • Whether a room or whole house is occupied • Actual size of the group • Frequency of rentals • To ensure effective enforcement, we should be: • Judicious with standards • Charge an annual fee that helps to defray our monitoring and enforcement costs Jefferson Parish Planning Department Regulations Should Facilitate Enforcement 29 Short-Term Rentals (STRs)-PAB TXT-1-18 REVISED 1/25/2018 January 11, 2018 • Change hotel/motel references to broader lodging accommodations • Chapter title from Hotels and Motels to Lodging Accommodations • Name of license and review committee from hotel/motel to lodging accommodation • Amend definitions • Add new definitions for B&B, Camp (fishing and/or hunting), local responsible party, STR, and Primary residence (where one resides more than 50% of the year) • Modify existing definitions of other related terms to include B&Bs and STRs, as applicable Jefferson Parish Planning Department Recommendation for Ch. 17.5 30 Local responsible party shall mean an individual who has his or her primary residence in or maintains a physical office in Jefferson Parish, its municipalities, or the City of New Orleans during the entire length of the short-term rental period; responds to and handles issues from guests or neighbors in connection with the activities of a short-term rental; has twenty-four (24) hour access to the short-term rental premises; and is authorized to make decisions regarding the licensed premises. January 11, 2018 Proposed definition Jefferson Parish Planning Department Recommendation for Ch. 17.5 31 Short-Term Rentals (STRs)-PAB TXT-1-18 REVISED 1/25/2018 • • • • • Guest room min. requirements Operational standards Inspection Licensing Enforcement • • • • Prohibit from advertising or operating without a license PMZ and ICE to issue citations BAA to handle zoning citations Council/Lodging Accommodations Review Committee to handle license violations similar to Alcoholic Beverage Outlets Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Apply certain standards to B&Bs and STRs Jefferson Parish Planning Department Recommendation for Ch. 17.5 32 • Display of brochure with the following information: • Contact information for licensee or and local responsible party • Neighborhood information • Operator not required to be present during guest stay, but must designate local responsible party as part of application • In operator’s absence, local responsible party required to respond to complaints within one hour of notification of issue • If necessary, shall appear on premises to address issue • • • • Proof of ownership or permission of the owner (if renter) required Proof of primary residency (depending on zoning district) Proof of general liability insurance Proof or installation of carbon monoxide and smoke detector(s) and fire extinguisher(s) (also for B&Bs) • Application and annual renewal fee Short-Term Rentals (STRs)-PAB TXT-1-18 REVISED 1/25/2018 January 11, 2018 Add new standards for STRs only: Jefferson Parish Planning Department Recommendation for Ch. 17.5 33 January 11, 2018 Add B&Bs and STRs to list of facilities where hourly rental is prohibited Jefferson Parish Planning Department Recommendation for Ch. 20 34 Short-Term Rentals (STRs)-PAB TXT-1-18 • Amend definition for Home occupation January 11, 2018 • Add definitions for B&B, Camp (fishing and/or hunting), Operator, Primary residence, STR, and Transient guest Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 35 Short-Term Rentals (STRs)-PAB TXT-1-18 Proposed Definitions Hotel shall mean a building containing six (6) or more guest rooms where access to individual units is from interior lobbies, courts, or halls, and which are used, rented, or hired for lodging or sleeping purposes by transient guests Short-term rental (STR) shall mean a dwelling unit which provides overnight lodging to no more than one (1) party of transient guests at a time, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days Motel shall mean a building or group of buildings containing six (6) or more guest rooms where access to individual units is from exterior walkways or courts and which are used, rented, or hired for lodging or sleeping purposes by transient guests Bed and breakfast (B&B) shall mean a manager-occupied residential structure containing less than six (6) guest rooms, that is rented for overnight lodging with or without meals to one (1) or more parties of paying or non-paying transient guests, for compensation, where the length of stay per guest visit is less than thirty (30) consecutive days Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Existing Definitions Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 36 January 11, 2018 • Prohibit STRs in conventional single-use residential zoning districts • Allow STR in mixed-use and commercial districts, except U-1S, subject to standards • Allow STR in U-1S as a conditional/special permitted use consistent with current approval process for most uses • Prohibit STR in industrial zoning districts where residential uses are not allowed Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 37 Short-Term Rentals (STRs)-PAB TXT-1-18 Zoning Districts Recommendation Conventional Residential S-1, R-1A, R-1B, R-1C, R-1D, R-1MH, R-1TH, R-2, RR-3, R-1CO,R-3, CD-R Prohibit Conventional Commercial BC-1, BC-2, C-1, C-2, MUCD Allow subject to standards M-1, M-2, M-3, M-4, OW-1 Prohibit Conventional Industrial Mixed Use Short-Term Rentals (STRs)-PAB H-1, H-2, GO-1, GO-2, OBM-1, OBM-2, FC-1, FC-2, FC-3, U-1S, U-1R TXT-1-18 Allow subject to standards, except U-1S where STR would be conditional or special permitted use January 11, 2018 Description Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 38 January 11, 2018 Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 39 Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 40 Short-Term Rentals (STRs)-PAB TXT-1-18 Recommendation for Chs. 33 and 40 Zoning District Where Allowed Conventional Commercial BC-1, BC-2, C-1, C-2, MUCD Mixed Use Dwelling Unit Type Where Allowed 5+family Less than 5 permitted in mixed-use buildings H-1 1-family GO-2 1- & 2-family H-2 2-,3-,4-,5+family GO-1 5+family OBM-1 1- family; 1- 2-, 3-, & 4-family in mixed use buildings FC-2 1-,2-,3-, 4-, 5+family in mixed-use building; 4- & 5+family OBM-2, FC-1, FC-3 1-,2-,3-, 4-, & 5+family in mixed use buildings only U-1S & U-1R 1-,2-,3-, 4-, & 5+family Jefferson Parish Planning Department Description 41 Short-Term Rentals (STRs)-PAB TXT-1-18 • • • • Guest rooms limited to less than six (6) Manager must reside on premises No cooking facilities allowed in guest rooms Rentals for meetings, conferences, events prohibited • Meals may be served to registered guests • No external evidence of B&B except one nonilluminating wall sign • One (1) off-street parking space per each guest room plus one additional space for on-site manager Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Establish use standards for B&Bs: Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 42 • Compliance with Chs. 17.5, 20 and 35 • Most standards for home occupations apply (e.g. extra parking space; no outside employees) • Except in zoning districts that allow hotels and motels, must be primary residence of the operator • Location in RVs and travel trailers prohibited • Rentals for meetings, conferences, events prohibited • Exterior evidence of STR not allowed • Not applicable to long-term rental of 30 or more consecutive days January 11, 2018 Establish use standards for STRs: Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 43 Short-Term Rentals (STRs)-PAB TXT-1-18 • Must have a valid Jefferson Parish film permit that coincides with the duration of stay • Allowed in single-use residential zoning districts, but must be the primary residence of the operator • No visible evidence of STR • Subject to building and fire safety requirements • Does not apply to temporary use of private property for filming January 11, 2018 Make exception to STR licensing and standards for Film Production: Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 44 Short-Term Rentals (STRs)-PAB TXT-1-18 • Fishing and/or hunting camps outside of protected levees • Not required to be licensed • Not subject to use standards • “Rent back” or “lease back” Where sellers pay new owners if they need to stay after the close of escrow • Not required to be licensed • Not subject to use standards Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 Make exceptions to STR licensing and standards for: Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 45 • If prohibited by new regulations, will be considered nonconforming uses • Allowed to operate for period of twelve (12) months from effective date of ordinance • Not subject to use standards • Upon termination of amortization period, operations must cease immediately • If allowed, will have six (6) months to: • Obtain lodging accommodation license • Come into compliance with standards January 11, 2018 Amortize all existing STRs: Jefferson Parish Planning Department Recommendation for Chs. 33 and 40 46 Short-Term Rentals (STRs)-PAB TXT-1-18 • Be registered and considered “in good standing” with the Louisiana Secretary of State • Obtain Zoning Clearance • Register trade name with JP Clerk of Court • Submit notarized affidavit and processing fee • Pay occupational license tax fee • Support change in state law to make clear whether hotel/occupancy taxes applicable to STRs January 11, 2018 • Require STRs to pay applicable sales and use taxes • Require STRs to obtain occupational license Jefferson Parish Planning Department Recommendation for Ch.35 47 Short-Term Rentals (STRs)-PAB TXT-1-18 LA Secretary of State name reservation & tax id Step 2 Submit application & obtain license from Parish Step 3 List STR on online platform(s) JPSO occupational license, zoning clearance & annual tax JP ICE lodging accommodation license w/ annual renewal Process includes application & fee, background checks by JPSO, inspection & verification of insurance and brochure by PMZ, verification of required licenses by PAO STR Platform online listing with JP issued license ID *In U-1S, process would start w/ conditional use application and approval Short-Term Rentals (STRs)-PAB TXT-1-18 Jefferson Parish Planning Department Step 1* Register business with Parish & State January 11, 2018 Proposed Permitting Procedure 48 • • • Operating in a zoning district that does not allow STR Operating without a valid approval in a zoning district that allows STR subject to special/conditional use approval Not in compliance with use standards • Enforcement by PMZ • • Log and investigate nuisance complaints Issue citations • Violation hearing if non-compliant • Bureau of Administrative Adjudication • Notice of violation posted on the property and mailed to property owner • Hearing and ruling, including any penalty • Appeals made to 24th Judicial District Court within 30 days of signed hearing officer decision Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • Types of violations Jefferson Parish Planning Department Apply existing enforcement provisions for zoning violations 49 of Violations • Reports of nuisances/ complaints • Failure to list license ID of STR on online platforms • Failure to renew license • 5+ calls to JPSO • Prostitution or drug-related offenses •Enforcement by ICE and/or PMZ • Log and investigate nuisance complaints • Violation hearings January 11, 2018 •Types Jefferson Parish Planning Department Apply existing enforcement provisions for licensing violations 50 Short-Term Rentals (STRs)-PAB TXT-1-18 • Notice of summons served on the license holder no less than 48 hours prior to scheduled hearing date • Committee prepares a certified record with a recommendation to the Council • After public hearing, majority vote of the Council required for suspension or revocation of the license • No appeals granted after final action by JP Council January 11, 2018 Violation proceedings involve the lodging accommodation review committee and Parish Council Jefferson Parish Planning Department Apply existing enforcement provisions for licensing violations 51 Short-Term Rentals (STRs)-PAB TXT-1-18 Objectives Vision Statement “Strengthen and diversify commercial areas to provide goods and services for residents throughout the region in commercial and mixed use centers” Housing Element–Goal 1 Objective1.3- “Discourage the conversion of stable residential neighborhoods to non-residential neighborhoods” Housing Element–Goal 1 Objective 1.5- “Protect existing residential neighborhoods from illegal land use activities through code enforcement” Housing Element–Goal 3 Objective 3.3- “Adopt land use policies which contribute as little as possible to the cost of housing while maintaining plan integrity and the public welfare” January 11, 2018 Elements of Comprehensive Plan Jefferson Parish Planning Department Consistency with Comprehensive Plan 52 Short-Term Rentals (STRs)-PAB TXT-1-18 Date Location West Jefferson Civic Coalition October 11, 2017 West Jefferson Medical Center Auditorium East Bank Civic League November 28, 2017 East Bank Regional Library Jefferson Chamber of Commerce, with representatives of the Jefferson Business Council and Jefferson Visitors and Convention Bureau November 30, 2017 Jefferson Chamber Conference Room Board of Metairie Business Development District December 11, 2017 Drago’s Restaurant, Fat City Home Builders’ Association December 14, 2017 HBA Board Room Jefferson Parish Planning Department Organization January 11, 2018 Public Outreach Sonder December 21, 2017 Planning Department Conference Room New Orleans Marriot Lakeway 53 Board of Jefferson Convention and January 4, 2018 Visitors Bureau Short-Term Rentals (STRs)-PAB TXT-1-18 • Make definitions, operational standards, licensing, and taxation requirements applicable to B&Bs and STRs • In Ch. 33 and 40: • • • • Prohibit STR in single-use residential zoning districts Allow STR in commercial and mixed-use zoning districts Prohibit STR in industrial zoning districts Establish use standards for B&Bs and STRs when allowed • • • B&B as a specific use (LBCS function code 1310) STR as a quasi home occupation Add definitions for B&B, STR, and related terms • Apply existing enforcement provisions to address zoning and licensing violations • Clarify that STR regulations do not apply to long-term rental of at least 30 consecutive days Short-Term Rentals (STRs)-PAB TXT-1-18 January 11, 2018 • In Ch. 17.5, Ch. 20, and Ch. 35: Jefferson Parish Planning Department Recommendation Summary 54