MOTION
NO. M- 18-194
CITY HALL: May 2018

BY: COUNCILMEMBERS ISLI a. PALMER, GIARRUSSO, BANKS AND

WILLIAMS

WHEREAS, the Council of the City of New Orleans has adopted a series of ordinances
to define, categorize, and regulate Short Term Rentals (STR), which became effective April 1,
2017; and

WHEREAS, over a year has passed since these initial regulations have become effective,
providing sufficient data to analyze STR laws to determine community impact; and

WHEREAS, this Council desires to have the City Planning Commission (CPC) further
study the impact of STRs, utilizing the City?s existing regulations and STR data, to determine if
amendments to existing laws are warranted or necessary, and if existing regulations should be
modi?ed to reduce any unintended secondary effects of STRs relative to the residential fabric of
the City; and

WHEREAS, the prior City Council submitted a motion for a Short Term Rental Study,
Via M-18-86, which has led the CPC to undertake a thorough study, but the existing Council
desires to provide additional guidance to the CPC and tailor the study scope prior to the
?nalization of a complete STR study; NOW THEREFORE

BE IT MOVED BY THE COUNCIL OF THE CITY OF NEW ORLEANS, That
is hereby rescinded.

BE IT FURTHER MOVED BY THE COUNCIL OF THE CITY OF NEW

ORLEANS, That the City Planning Commission is hereby directed to conduct a study on the

existing Short Term Rental regulations in the Comprehensive Zoning Ordinance, and the
correlating requirements in the City Code, to determine if modi?cations are warranted. In the
course of study and review, the CPC should analyze similarly situated cities? regulations,
including on platform accountability, to guide potential amendments, including but not limited

to:

- The City of Charleston, which utilized the creation of a ?Short Term Rental
Overlay Zone? to limit the locations and neighborhoods whereby an STR license
can be obtained;

a The City of Nashville, which has only two categories of STR, STR-owner-
occupied and STR-not?owner-occupied, and limits STR-not?owner?occupied to
commercial areas;

a The City of Austin, which is phasing out ?type 2? licenses not owner
occupied and not associated with an owner?occupied principal residential unit)
by April 1, 2022; and

The City of Savannah, which limits STR to mixed-use zoning districts.

Upon a review of similarly situated cities and New Orleans? STR data including on the
administration, use, and impacts of the STR program, both city?wide and by neighborhood the
Council desires a study/review of the City?s existing codes to receive recommendations if any
amendments to these codes are needed, including but not limited to: changes to the STR
categories (de?nitions); revisions to permissible/prohibited zoning categories; updates to the fee
structure to more adequately address housing affordability; possible remedies to the illegal
operation of adopting the use of parcels, as opposed to municipal addresses, in issuing
permits and licenses; and additional/new prohibitions, if needed, including capping measures

(such as limiting the number of licenses or creating restrictions based on block-face, spacing, or

census tract), compliance standards, the use of homestead exemptions in issuing permits and

licenses, and any applicable regulations that may be available relative to the intemet platforms
that provide STR listings.

BE IT FURTHER MOVED BY THE COUNCIL OF THE CITY OF NEW
ORLEANS, That the City Planning Commission is hereby directed to conduct and complete the
study within 120 days of the passage of this motion and conduct the public hearing within 60
days of the passage of this motion.

BE IT FURTHER MOVED BY THE COUNCIL OF THE CITY OF NEW
ORLEANS, That in the process of conducting a public hearing and study on the regulation of
Short Term Rental in the City of New Orleans as provided herein, the City Planning Commission
and staff are directed and granted the ?exibility to expand the scope of the study and make any
and all legal and appropriate recommendations deemed necessary in light of study, review, and
public testimony resulting from this motion.

THE FOREGOING MOTION WAS READ IN FULL, THE ROLL WAS CALLED
ON THE ADOPTION OF THEREOF, AND RESULTED AS FOLLOWS:

YEAS:
NAYS:
ABSENT:

AND THE MOTION WAS ADOPTED.