(1)

Applicability. No person shall use or maintain, nor shall any person advertise the use of any residential dwelling unit on any parcel in this town for short-term rental without a short-term rental permit. Short-term rentals may only be allowed in the following districts:

a.

Residential district, as described in section 9-215 of the Abita Springs Code of Ordinances;

b.

Historic district, as described in section 9-222 of the Abita Springs Code of Ordinances.

c.

Commercial districts as defined in section 9-218, 9-218.1, and 9-218.2.

d.

Low Density Residential as defined in section 9-215.1.

e.

Midtown Cultural District as defined in section 9-218.3.

f.

Residential-Commercial Overlay as defined in section 9-229.

(2)

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. The owner shall provide a real property document, translative of title, recorded in the St. Tammany Parish Clerk of Court's Office.

b.

The owner shall keep on file with the town the name, address, telephone number, cell phone number, and e-mail address of a local agent 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 60 minutes when the short-term rental is rented and occupied.

c.

One person may hold no more than one short-term rental permit. On property zoned residential, with more than one livable structure, only one will be allowed to be a short-term rental. The permit shall not be transferable between structures.

d.

Short-term rentals shall not be operated outdoors or in a recreational vehicle.

e.

Short-term rentals use shall be limited to residential dwelling units existing and constructed as of the date of application for the short-term rental permit.

f.

Short-term rental dwellings shall meet all applicable building, health, fire, and related safety codes at all times and shall be inspected by the fire department before any short-term rental activity can occur. Each bedroom shall contain a smoke detector and a carbon monoxide detector.

g.

A minimum of one on-site parking space shall be provided for use per bedroom used by the short-term rental occupants. Vehicles shall be parked in the designated area onsite and shall not be parked on the street.

h.

The short-term rental shall appear outwardly to be a residential dwelling. No exterior signage or other exterior evidence that the property is used for short-term rental shall be permitted except for a sign not more than four square feet showing the name of the house.

i.

Use of the short-term rentals for commercial functions, ceremonies, and/or other special events shall be prohibited.

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 disturbing the peace, disorderly conduct,, or the use of illegal drugs or be subject to fines and penalties levied by the town 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 disturbing the peace, disorderly conduct, 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 town up to and including revocation of the short-term rental permit.

l.

The owner shall maintain an occupational license and pay all occupancy taxes required by law, including but not limited to state sales tax and hotel/motel occupancy tax.

m.

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

n.

In all zones, all units in a single structure are eligible for a short-term rental permit.

o.

The following "welcome information" shall be posted in a conspicuous location on an interior wall inside the short-term rental for the safety and convenience of the occupants. As an alternative to posting, the information may be provided in a "welcome binder" placed on a coffee table, kitchen table, or other prominent location in the short-term rental.

• The address of the short-term rental,

• the location of the nearest hospital,

• the Emergency Number is 911,

• the current non-emergency police telephone number

• the dates and approximate times of trash and recycling pick up and procedures,

• the Emergency Contact: Name and phone number of the designated responsible party,

• emergency evacuation instructions,

• the floor plan showing emergency exits and shutoff valves,

• a statement of the presence of natural gas in the residence if applicable.

Any short-term rental located in a residential district requires notice of the need to respect the peace and quiet of the neighborhood residents which shall state as follows: "Please be a good neighbor by not making excessive noise or engaging in boisterous behavior, especially after 10:00 p.m. Such behavior can deprive your neighbors of the peaceful enjoyment of their homes".

(3)

Permits. Prospective owner-applicants of short-term rental use shall apply for an annual permit with the Planning Director in accordance with the provisions of this section and on a form provided by the town. The application must be approved by the Zoning Commission. A short-term rental permit is a privilege, not a right, and may be revoked or not renewed based on non-compliance with the requirements provided herein.

a.

The application shall be accompanied by the short-term rental application fee as set forth herein to cover the administrative costs of issuing a short-term rental permit and, but not limited to, inspecting the following information:

1.

The name, 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.

A site and floor plan identifying the location of parking on the site and the location of any bedrooms to be used for short-term rental use;

4.

Evidence that the property has current, valid liability insurance of $500,000.00 or more with proof that such coverage includes use as a short-term rental property; and

5.

Acknowledgment of compliance with all regulations pertaining to the operation of a short-term rental.

6.

Occupational License

7.

Fire Marshal Inspection Report

8.

Copy of the required "Welcome Information"

b.

The permit term for all short-term rental permits shall run from April 1 to March 31 of each year, regardless of when issued. All permits must be renewed annually.

c.

There shall be no more than fifteen short-term rental permits issued by the town annually.

d.

The application fee shall be $25.00. The annual permit fee for a short-term rental permit shall be $250.00.

e.

Any fraud, material misrepresentations, or false statements contained in the attestations, required documentation, or correlating application materials shall be grounds for immediate revocation of a short-term rental permit. Furthermore, all requirements herein shall be continuously maintained throughout the duration of the permit.

f.

In the instance that a property with a short-term rental permit is sold, the issued permit is transferable and will remain in effect for sixty days. The new property owner shall apply within 60 days from the act of sale to apply for the renewal permit.

g.

If an application is a renewal, it must be submitted by March 1. The application will be reviewed administratively by the Planning and Zoning Director. Permits shall be issued upon remittance of applicable fees and a determination that the applicant is in compliance with all town ordinances. Properties found, in mayors court, to be in violation of town ordinances which have not been remediated at the time of the application are ineligible for renewal.

(4)

Violations. Any violation of this section and the correlating provisions in this chapter may subject a violator to any remedy, legal or equitable, available to the town. Violations include but are not limited to: advertisement or rental of a short-term rental without proper permitting, operation outside the scope of any of the applicable short-term rental regulations provided by law and advertising a short-term rental outside the permitted scope of a short-term rental permit. The planning director may suspend, revoke or not renew any permit issued pursuant to this section if the planning director determines that the permit holder has violated any provision of this section, two or more times. Remedies include but are not limited to: revocation of a short-term rental permit, daily fines, and property liens, as more fully provided in section 1-108 of this chapter. Each day of violation shall be considered a separate offense. Nothing contained herein shall be construed to limit the legal remedies available to any other person for the correction of violations of this section.

(Ord. No. 504, 9-17-2019; Ord. No. 522, 7-20-2021; Ord. No. 542, 1-23-2024)