Notice

Publication Date

2024-09-28

Subcategory

The following Ordinance was Introduced by Mrs. Smith at the September 23, 2024

City Council meeting as follows:

ORDINANCE NO. 026 OF 2024

AN ORDINANCE

AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF NATCHITOCHES BY

ADOPTING ARTICLE IX, WHICH IS TITLED ?SHORT-TERM RENTALS?, AND

PROVIDING FOR PERMITTING AND

REGULATION OF SHORT-TERM RENTALS IN THE CITY OF NATCHITOCHES, PROVIDING FOR

APPLICATION FOR SAME AND FEES, FURTHER PROVIDING FOR AN AMENDMENT TO THE ZONING

ORDINANCE OF THE CITY OF NATCHITOCHES TO PROVIDE FOR ZONING OF

SHORT-TERM RENTALS, PROVIDING FOR A

SAVINGS CLAUSE, A REPEALER CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF THE

ORDINANCE.

WHEREAS, there has been an increase in practice of renting homes for short terms

within the City of Natchitoches, and the City does not currently have an

ordinance in place that specifically provides for the permitting and regulation

of the rental of homes for short terms; and

WHEREAS FURTHER, the City Council of the City of Natchitoches is of the opinion

that it is in the interest of the City of Natchitoches and its citizens to

provide for the permitting and regulation of short term rentals in the City; and

WHEREAS FURTHER, the City Council of the City of Natchitoches desires to adopt

an ordinance that will allow for the permitting and regulation of short term

rentals, and further provide for an application process and fees for same; and

WHEREAS FURTHER, the City Council desires to amend Chapter 19 of the Code of

Ordinances to add an Article that will provide for the permitting and

regulation of short term rentals; and

WHEREAS FURTHER, The City Council of the City of Natchitoches desires to amend

the Code of Ordinances to add Article IX, ?Short-Term Rentals? which shall

provide as follows, to-wit:

?Article IX. Short-Term Rentals

Sec. 19-300. Definitions.

The following words, terms and phrases, when used in this article, shall have

the meanings ascribed to them in this section, except where the context clearly

indicates a different meaning:

Owner means the person who possesses ownership of the real property containing a

residential dwelling unit subject to a short-term rental, said ownership to be

evidenced by a deed.

Short-term rental means a residential dwelling unit for the purpose of overnight

lodging for less than 30 consecutive days or one calendar month. Accessory

structures shall not be subject to short-term rental.

Sec. 19-301. Applicability.

No person shall use or maintain, nor shall any person advertise the use of any

residential dwelling unit on any parcel in this city for short-term rental

without a short-term rental permit.

Short-term rentals shall be allowed within the municipal limits of the City of

Natchitoches.

Sec. 19-302. Short-term rental regulations.

(a)The short-term rental permit shall be in the name of the owner, who shall be

an owner of the real property upon which the short-term rental use is to be

permitted.

(b) One person may hold no more than ten short-term rental permits within the

city limits of Natchitoches. The permit shall not be transferable.

existing and constructed as of the date of application for the short-term rental

permit.

d) The maximum number of bedrooms used for short-term rental use in the short-

term rental dwelling shall be no greater than five.

(e) At all times, Short-term rental dwellings shall meet all applicable

building, health, fire and related safety codes that apply to a structure with

lodging, including but not limited to International Building Codes and ADA

requirements, and shall be inspected by the fire department, for a nominal fee,

before any short-term rental activity can occur. Approval by the State Fire

Marshall is required before any short-term rental activity can occur. Each

bedroom shall contain a smoke detector and a carbon monoxide detector.

(f) A minimum of two on-site parking spaces shall be provided for use by the

short-term rental occupants. The owner shall provide on-site parking for all

guests, and on site parking shall be available for all vehicles of guests. This

provision shall not apply to areas of the City that are exempt from required off

street parking.

(g)The owner shall keep on file with the city the name, telephone number, cell

phone number, and e-mail address of a local contact person who shall be

responsible for responding to questions or concerns regarding the operation of

the short-term rental. This information shall be posted in a conspicuous

location within the short-term rental dwelling. The local contact person shall

be available 24 hours a day to accept telephone calls and respond physically to

the short-term rental within 30 minutes when the short-term rental is rented and

occupied.

(h) The owner shall post "house policies" within each guest bedroom. This

should state strucrure. The house policies shall be included in the rental

agreement, which must be signed by the renter and shall be enforced by the owner

or the owner's designated contact person. The house policies at a minimum shall

include the following provisions:

(1) Quiet hours shall be maintained from 10:00 p.m. to 7:00 a.m., during which

noise within or outside the short-term rental dwelling shall not disturb anyone

on a neighboring property.

(2) Amplified sound that is audible beyond the property boundaries of the short-

term rental dwelling is prohibited.

(3) Except as permitted by the planning, vehicles shall be parked in the

designated on-site parking area and there shall not be parking on the street

overnight.

(4)Parties or group gatherings which exceed the maximum number of guests and/or

which have the potential to cause traffic, parking, noise or other problems in

the neighborhood are prohibited from occurring at the short-term rental

property, as a component of short-term rental activities.

(i)Auctions, weddings, commercial functions, and any other similar events which

have the potential to cause traffic, parking, noise or other problems in the

neighborhood are prohibited from occurring at the short-term rental property, as

a component of short-term rental activities.

(j)The owner shall ensure that the occupants and/or guests of the short-term

rental use do not create unreasonable noise or disturbances, engage in

disorderly conduct or violate provisions of this code or any state law

pertaining to noise, disorderly conduct, the excessive consumption of alcohol,

the use of illegal drugs or be subject to fines and penalties levied by the

city up to and including revocation of the short-term rental permit.

(k)The owner, upon notification that occupants and/or guests of his or her

short-term rental use have created unreasonable noise or disturbances, engaged

in disorderly conduct or committed violations of this code or state law

pertaining to noise, disorderly conduct, the excessive consumption of alcohol or

the use of illegal drugs, shall prevent a recurrence of such conduct by those

occupants or guests or be subject to fines and penalties levied by the city up

to and including revocation of the short-term rental permit.

(l)All advertising for any short-term rental, including electronic advertising

on short-term rental websites, shall include the number of the short-term rental

permit granted to the owner-applicant.

(m)The owner shall maintain a city occupational license and pay all occupancy

taxes required by law.

(n)No exterior signage or other exterior evidence the property is used for

short-term rental is permitted.

(o)No food service shall be provided by the owner or anyone on his behalf.

(p)The owner may not enter into a short-term rental for a specific premises with

more than one party at any time.

(q)The city-issued short-term rental permit shall be displayed on the premises.

Sec. 19--303. Short-term rental permit.

(a) Prospective owner-applicants of a short-term rental use shall apply for a

permit with the planning director in accordance with the provisions of this

chapter and on a form provided by the city.

(b) The application shall be accompanied by the short-term rental permit fee as

set forth herein to cover the administrative costs of issuing a short-term

rental permit and, but not limited to, inspecting the short-term rental

dwelling.

address and phone number of the applicant, and verification that the applicant

is the owner of the property. (2) The assessor's parcel number of the lot on

which the short-term rental use is proposed. (3) Certification that the permit

will be nontransferable. (4) Certification that the local contact person is

available 24 hours a day to accept telephone calls and respond physically to the

short-term rental within 30 minutes when the short-term rental is rented and

occupied. (5) A site and floor plan identifying the location of parking on the

site (if required) and the location of any bedrooms to be used for short-term

rental use. (6) Acknowledgment of receipt and inspection of a copy of all

regulations pertaining to the operation of a short-term rental use. (7)

Additional information as may be requested by the planning director to determine

impact and mitigation measures.

(d) The permit term for all short-term rental permits shall run from November 1

to October 31 of each year, regardless of when issued. All permits must be

renewed annually.

(e) Short-term rental permit fee: The annual permit fee for a short-term rental

permit shall be $200.00.

Sec. 19-304. Violation.

Any violation of this section is subject to the civil and criminal procedures as

provided in section 1-9 of this Code and shall result in a revocation of the

short-term rental permit of the violator. Each day of violation shall be

considered a separate offense.?

WHEREAS FURTHER, The City Council of the City of Natchitoches desires to amend

the Zoning Regulations of the City of Natchitoches in order to amend the

definition of Bed & Breakfast, to adopt a definitions for Short-Term Rental and

to provide for zoning of short-term rentals; and

WHEREAS FURTHER, The City Council of the City of Natchitoches desires to amend

Section I. Definitions, of the Zoning Regulations to amend the definition of Bed

& Breakfast and to add a definition of Short-Term Rental, as follows:

?Bed & Breakfast. A building where, for compensation, a bedroom and/or

bedrooms, are rented for temporary residential tourist lodging. This use in no

way shall allow for the occupancy of an entire residence or occupancy of a

residence by permanent boarders.

Short-Term Rental. A residential dwelling unit for the purpose of overnight

lodging for less than 30 consecutive days or a calendar month, which are

governed by Section 19-300, et seq. of the Code of Ordinances. Accessory

structures shall not be subject to short-term rental.?

WHEREAS FURTHER, The City Council of the City of Natchitoches desires to amend

Section II. Districts, Subsection B.1. R-1 Districts: One family residence

districts, of the Zoning Regulations to provide for zoning of Short-Term Rentals

as follows:

?1. R 1 Districts: One family residence districts. These districts are composed

mainly of areas containing one family dwellings and open areas where similar

residential development seems likely to occur; few two family and multiple

family dwellings are found in these areas. The district regulations are designed

to protect the residential character of the areas by prohibiting all commercial

activities; to encourage a suitable neighborhood environment for family life by

including among the permitted uses such facilities as schools and churches, and

to preserve the openness of the areas by requiring certain minimum yard and area

standards to be met.

a. Permitted uses. In R 1 Districts only the following uses are

permitted:(1)Uses by right. The uses listed below are permitted subject to the

conditions specified:

Accessory Use

Dwelling, One Family

Farming and Truck Gardening; need not be enclosed within structure

Golf Course, but not including commercial miniature course or commercial

driving range; need not be enclosed within structure.

Home Occupation

Modular Homes

Name Plate, not exceeding one square foot in area, need not be enclosed within

structure.

Park or Playground (public), including Recreation Center; need not be enclosed

within structure.

(2) Uses requiring planning commission approval. The uses listed below are

permitted upon approval of the location and site plan thereof by the Planning

Commission as being appropriate with regard to transportation and access, water

supply, waste disposal, fire and police protection, and other public facilities,

as not causing undue traffic congestion or creating a traffic hazard, and as

being in harmony with the orderly and appropriate development of the district in

which the use is located:

Fire Station

Livestock and Poultry Raising, including Dairy; need not be enclosed within

structure

Outdoor General Advertising Structure; need not be enclosed within structure

Pipe Line or Electric Transmission Line; need not be enclosed within structure

Railroad Right of way, but not including shops, yards, and team tracks; need not

be enclosed within structure

School, Elementary and/or Secondary, meeting all requirements of the compulsory

education laws of the State of Louisiana

University or College (non profit)

Water Storage; need not be enclosed within structure

Water or Sewage Pumping Station

(3) Special exception uses. These uses are declared to possess such

characteristics of unique or special form that each specific use shall be

considered an individual case and shall be subject to approval of the City

Commission after a Public Hearing and recommendation by the Planning

Commission:

Airport; need not be enclosed within structure

Airport and Dusting Service; need not be enclosed within structure

Bed & Breakfast

Cemetery; need not be enclosed within structure

Church, including Parish House, Community House, and Educational Buildings

Correctional, Detention, or Penal Institution

Electric Substation; need not be enclosed within structure but must be enclosed

within a wall or fence at least ten feet high

Radio and Television Broadcasting Transmitter, but not including studio

Short-Term Rental

Revival Church (temporary); as a temporary use on permit issued by the Zoning

Administrator; such permit to be good for a period not exceeding one week and

renewal for not more than three such periods.

b. Building site area. Except as provided in Section III, the minimum building

site area shall be:

For a one family dwelling .....7,200 sq. ft.

For any other permitted use ..... 10,000 sq. ft.

c. Building height limit. Except as provided in Section III, no structure shall

be designed, erected, or altered to exceed thirty five (35) feet.

d. Yards required. Except as provided in Section III, the minimum dimensions

of yards shall be:

Front Yard .....25 ft.

Side Yard .....5 ft.

Rear Yard .....25 ft.?

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Natchitoches,

in legal session convened, as follows:

SECTION I. Chapter 19 (entitled ?Licenses, Permits and Miscellaneous Business

Regulations?) of the Code of Ordinances is hereby amended to add Article IX,

entitled ?Short-Term Rental?, which shall read as follows: