§ 40-752. Regulations for home occupations.

(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 section 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 section 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);

(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); and with the following exceptions:

1.

Short-term rentals associated with film and movie production. Short-term 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 Mixed-Use 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:

1.

Short-term rental shall be subject to the standards for home occupations provided for in section 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.

In the C-1 zoning district, short-term rental is prohibited within three hundred (300) feet of the residential or industrial zoning districts listed in subsection a above, measured radially from the property line of the C-1 lot.

4.

Short-term rental shall not be located in recreational vehicles or travel trailers.

5.

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.

6.

There shall be no external evidence that the building or dwelling unit is being used as a short-term rental.

7.

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.

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, well-maintained, 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 nonresidential 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 short-term rentals existing prior to the adoption date of [the ordinance from which this section derives] 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 section 40-752(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 section 40-752(e)(7), including all required licenses.

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.

(Ord. No. 25513 , § 19, 2-21-18)