Overview of Interim Zoning Districts affecting Short Term Rentals and Bed and Breakfasts

There are currently several active Interim Zoning Districts (IZDs) which restrict the permitting and licensing of Short Term Rentals and Bed and Breakfasts.  These IZDs are temporary in nature and supersede the other zoning regulations that apply to a property.  Thus, properties that are otherwise eligible to be used by a Short Term Rental or Bed and Breakfast may not be allowed to be used in that way due to the IZD.

The three active IZDs affecting Short Term Rentals or Bed and Breakfasts are the Commercial Short Term Rental Interim Zoning District, the Bed and Breakfast Interim Zoning District, and the Preserving Residential Character Interim Zoning District. They are described below.

Bed and Breakfast Interim Zoning District

The Bed and Breakfast Interim Zoning District reclassifies Accessory and Principal Bed and Breakfasts as conditional uses in zoning districts where they are otherwise permitted by-right. 

Affected area

The Interim Zoning District applies in all zoning districts city-wide.

Use restrictions

The following land uses are prohibited in all zoning districts city-wide:

  • Bed and Breakfast Principal and Bed and Breakfast Accessory remain prohibited in all zoning districts where they are prohibited by the underlying zoning.
  • In zoning districts where Bed and Breakfast Principal and/or Bed and Breakfast Accessory are otherwise classified as a permitted use, the IZD requires that they obtain conditional use approval through the City Council.
  • Bed and Breakfast Principal and Bed and Breakfast Accessory continue to require conditional use approval in all zoning districts where the underlying zoning requires conditional use approval.

Appeal procedure

File a completed application, accompanied by required attachments, with the City Planning Commission. Applications must be complete and submitted to CPCinfo@nola.gov. 

The City Planning Commission staff must make a report of its recommendation to the City Council within sixty (60) days of receipt of the request.

Upon receipt by the Council of the report of the Director of the City Planning Commission, a public hearing shall be held upon proper notice within sixty (60) days at regular or special meeting of the Council.  After consideration of the report and the information presented at the hearing, the Council may, by ordinance, waive the provisions of the Interim Zoning District.

Appeal criteria

  1. Is the requested appeal compatible with the surrounding land uses and structures?
  2. Does the requested appeal provide for an efficient use of land?
  3. Will granting the requested appeal increase traffic and safety hazards?
  4. Does the requested appeal provide for an efficient parking layout?
  5. Will the requested appeal increase community environmental impacts?

Preserving Residential Character Interim Zoning District

The Preserving Residential Character Interim Zoning prohibits the issuance for Commercial Short Term Rental licenses within HU-MU Historic Urban Neighborhood Mixed-Use Districts, MU-1 Medium Intensity Mixed-Use Districts, and MU-2 High Intensity Mixed-Use Districts that are generally located within Central City, the Irish Channel, and the Lower Garden District.

Affected area

The Interim Zoning District applies in all HU-MU, MU-1, and MU-2 Districts within the following boundaries, excluding the entiretly of the Convention Center Neighborhood (CCN) Overlay District: from Calliope Street (uptown side) at Simon Bolivar Avenue, continuing along Simon Bolivar Avenue (both sides) to Jackson Avenue, continuing along Jackson Avenue (both sides) to Magazine Street, continuing along Magazine Street (both sides) to Louisiana Avenue, continuing along Louisiana Avenue (both sides) to Tchoupitoulas Street, continuing along Tchoupitoulas Street (both sides) to Dufossat Street, continuing back on Tchoupitoulas Stret (both sides) to Calliope Street, and continuing along Calliope Street (uptown side) to its intersection with Simon Bolivar Avenue.

Prohibited uses

The following land use is prohibited in all HU-MU, MU-1, and MU-2 Districts in the affected area:

  • Commercial Short Term Rental

Appeal procedure

File a completed application, accompanied by required attachments, with the City Planning Commission. Applications must be complete and submitted to CPCinfo@nola.gov. 

The City Planning Commission staff must make a report of its recommendation to the City Council within sixty (60) days of receipt of the request.

Upon receipt by the Council of the report of the Director of the City Planning Commission, a public hearing shall be held upon proper notice within sixty (60) days at regular or special meeting of the Council.  After consideration of the report and the information presented at the hearing, the Council may, by ordinance, waive the provisions of the Interim Zoning District.

Appeal criteria

  1. Is the requested appeal compatible with the surrounding land uses and structures?
  2. Does the requested appeal provide for an efficient use of land?
  3. Will granting the requested appeal increase traffic and safety hazards?
  4. Does the requested appeal provide for an efficient parking layout?
  5. Will the requested appeal increase community environmental impacts?
  6. Does the appellant show past use that is consistent with all applicable zoning and regulatory provisions, as found in the Comprehensive Zoning Ordinance and City Code?
  7. Will the requested appeal prevent the development of long-term housing, including affordable and workforce housing, in densely populated areas of the City?

Commercial Short-Term Rental Interim Zoning District

The Commercial Short Term Rental Interim Zoning District prohibits Commercial Short Term Rentals and Hostels as allowable uses in all zoning districts city-wide.  It also limits the development of timeshares.

Affected area:

The Interim Zoning District applies in all zoning districts city-wide.

Prohibited uses:

The following land uses are prohibited city-wide:

  • Commercial Short Term Rental
  • Hostel

The development of Timeshares is limited with the following considerations:

  • Instituting a cap of no more than one unit or 25% of total dwelling units on a lot or a single building constructed across lot lines, whichever is greater, to be permitted to be included in a Timeshare Plan within a Timeshare Building.
  • In the CBD-5 Urban Core Neighborhood Lower Intensity Mixed-Use District, a Timeshare Building shall only be permitted when the total number of dwelling units is at least ten and the Mandatory Inclusionary Zoning regulations of Article 28 are triggered and an Affordable Housing Unit is provided as required by law.  This cap shall not apply to the VCE Vieux Carré Entertainment District, to structures which front on Canal Street between the Mississippi River and Rampart Street, the EC Educational Campus District, MC Medical Campus District, LS Life Science District, or the MI Maritime Industrial District Commercial and Recreational Subdistrict.

Appeal procedure:

Appeals of this Interim Zoning District are to be submitted directly to the City Council.  The City Planning Commission does not administer the appeal process, nor does it provide a recommendations to the City Council as to whether a particular appeal should be granted or denied.

The City Council must approve or deny an appeal within sixty (60) days of receipt of the request.