The regulations herein set forth in this Article qualify or supplement as the case may be, the district regulations appearing elsewhere in this ordinance.

The height regulations as stated in this ordinance shall not apply to the following uses; provided, however, that approval of all excesses to height limitations established in other sections of this ordinance is granted by the Board of Zoning Adjustments, along with a "Determination of No Flight Hazard" by the Federal Aviation Administration (FAA), if determined necessary.

(a)

Churches, schools, hospitals, sanitariums, public buildings, semipublic buildings, public service buildings, multifamily dwellings, hotels, motor hotels, office buildings and institutions. There shall be no restrictions on the height of such building provided the front, side and rear yards required in the district in which such building is to be located shall be increased an additional one foot for each one foot that the building exceeds the maximum height permitted in such district.

(b)

Belfries, cupolas, domes, flagpoles, monuments, water towers, transmission towers, chimneys, smokestacks, radio towers, masts, aerials, conveyors, and oil derricks

(c)

Bulkheads, elevator penthouses, water tanks, cooling towers, scenery lofts and similar structures, provided that such structure shall cover not more than twenty-five percent (25%) of the total roof area of the building in which such structure is located.

(a)

Lot Area:

(1)

Where a lot has less area, frontage or depth than the minimum requirements for the district within which the lot is located, and has continuously been a lot of record in separate ownership from adjacent property prior to and since the passage of this ordinance, that lot may be used for any use permitted in the zoning district within which such lot is located.

(2)

Where two (2) or more adjoining and vacant lots with continuous frontage are in single ownership at the time of passage of this ordinance and such individual lots have a frontage or lot area insufficient to comply with the requirements of the district in which they are located, such lots shall be resubdivided so as to create one or more lots which conform, or more closely conform, to the minimum lot area requirements of the district.

(3)

No lot shall be created, subdivided, or resubdivided unless it is in compliance with the requirements of the zoning district, except as allowed for in Section 12.03 (a)(2) above.

(b)

Required Yards: Every part of a required yard shall be open to the sky and shall not be occupied or encumbered by any use or structure not authorized in any other section of this zoning appendix, except:

(1)

Where accessory buildings are permitted in that portion of a rear or side yard and,

(2)

The ordinary projection of sills, belt courses, cornices, and ornamental features projecting not more than eighteen (18) inches.

(3)

A roof, a gutter and eaves attached to a building but having no other support may project to the extent of five (5) feet into a required front, rear, and side yard if a minimum distance of two (2) feet remains open to the sky between the furthest projection of the roof, gutter or eaves and the side property line.

(4)

Carports or structures of any kind are not allowed in the required front yard.

(5)

With the exception of the side yard abutting the street side of corner lots, a porte-cochere or carport may project into a required side yard provided that every part of the projection of such porte-cochere or carport is unenclosed on the side nearest the side lot line.

a.

Further, this projection shall be at least three (3) feet from the nearest side lot line and shall not extend more than forty (40) feet in length or more than thirteen (13) feet in height; and

b.

Where a storage or utility room is combined with the carport, the sidewall of said storage or utility room is at least five (5) feet from the nearest side lot line.

(c)

Porches and Steps: An open, unenclosed, uncovered porch or terrace not exceeding the ground elevation by more than six (6) inches may project into a required front yard a distance not more than ten (10) feet, but in no case more than half the distance from the required building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line. This shall not be interpreted to include or permit fixed marquees or canopies.

(1)

In houses which are retroactively raised to at least the minimum base flood elevation, an open, unenclosed, porch, steps, landing or terrace not to exceed the elevation of the first floor may project into a required front yard by a distance of not more than ten (10) feet, but in no case more than half the distance from the required building line to the front property line; or project into a required side yard to a point not closer than five (5) feet to any side lot line, with the exception of corner lots, on which the side yard along the street shall maintain a ten-foot clearance. Porches or terraces structurally attached to the slab and/or to the main house shall require pile support, if required by the building code, and/or engineering stamp.

(2)

For houses which are retroactively raised to at least the minimum base flood elevation; an open, unenclosed stoop not exceeding twenty-four (24) square feet in area, used as a secondary entrance, and associated steps or ramp required to access said entrance, may project up to three (3) feet into the required side yard, no less than two (2) feet from the interior side property line; and no less than five (5) feet from the exterior side property line for corner lots.

(3)

A roof may be allowed over the landing or step area, to extend to the furthest-most portion of the landing or steps, but in no case to exceed more than five (5) feet in the required front yard area. This roof shall be attached to the main roof of the main structure, with similar material or approved material, designed to appear to be part of the main structure. This extension of the roof shall be able to withstand maximum hurricane winds as determined by the Kenner Building Code. This subsection shall only apply to those homes that are being raised to the minimum base flood elevation and those that comply with Article XII, Section 12.03 subsection (c)(1) of this ordinance.

(4)

In any residential district, no fence, structure, sign, planting, or other obstruction shall be maintained above a height of three (3) feet, measured from the crown of the street, on a corner lot, within that area between the side and front lot lines of the lot and a line joining two (2) points lying on the centerlines of the street intersecting at the corner and ninety (90) feet distance from the point of intersection.

(a)

Accessory Uses:

(1)

Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard provided the water's edge is not located closer than four (4) feet to a rear or interior side lot line.

(2)

Adequate handholding provisions shall be made for pool entry and exit.

(3)

Every swimming pool or open water feature shall be protected by a safety fence or barrier approved by the Director of the Department of Inspections and Code Enforcement. A walk space at least three (3) feet in width shall be provided for fifty percent (50%) of the exterior of the pool between the pool walls and protective fences or barrier walls.

(b)

Temporary Buildings:

(1)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress. Such temporary buildings shall be removed upon completion of the construction work.

(2)

Temporary structures may be used for a maximum period of six (6) months for occupancy for a business, pending application for a permit for the permanent structure, upon approval of the Director of Inspection and Code Enforcement. The Director of Inspection and Code Enforcement may also grant an additional extension of three (3) months for this prior to start of construction should he deem circumstances warrant this. Any extensions of time over this must be granted by the Board of Zoning Adjustments.

(3)

Temporary buildings, trailers, and storage containers are permitted in every zoning district provided such temporary buildings, manufactured homes and storage containers are located on private property and shall be set back a minimum of five (5) feet from side and rear property lines. Temporary buildings, trailers, and storage containers shall not be permitted within ten (10) feet of the front property line.

(4)

Temporary buildings, trailers, and storage containers shall require a permit without cost, which provides the delivery date and length of time the building, manufactured home, or container will remain on the property. The maximum length of time a temporary building, trailers, or storage container can be utilized shall be sixty (60) days. The Director of the Department of Inspections and Code Enforcement may grant a one-time extension upon request should he deem circumstances are warranted.

(5)

Only one (1) annual permit per site shall be granted for temporary buildings, manufactured homes, and storage containers. No advertising of any kind except the name and phone number of the owner of the temporary buildings, manufactured homes, and storage containers shall be permitted.

(6)

The temporary buildings, manufactured homes, and storage containers shall have locking doors, which operate at all times. No flammable or hazardous materials shall be kept in any of the above-mentioned facilities.

(7)

The establishment of a temporary building, trailers, and storage container pursuant to this paragraph shall not be deemed to establish a nonconforming use under this appendix or to allow a change of use under this appendix.

(c)

Utilities:

(1)

Power plants, heating or refrigerating plants, or apparatus or machinery which are necessary to permitted uses in the residential districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining property; and provided that the above mentioned activities comply with existing ordinances and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes or gases, dust, smoke, noise or vibration, light or glare or other nuisances.

(2)

Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad nor a new utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric sub-stations and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the Director of Public Works.

(d)

Fences:

(1)

Fences may be erected along lot boundaries subject to the requirements of the building code. One (1) segment of fence may be erected in each required side yard area, in alignment approximately parallel to the front lot line and connecting the main building with a fence on or along a side lot line. No fences are allowed in the required front yards.

(2)

Fences may be allowed in the required front yards at public and private schools and churches on approval of the City Council per Article VI, Section 6.03 (g) Conditional Use Permits.

(3)

Back yard and side yard fences for residential dwellings shall be no less than four (4) feet and no greater than six (6) feet in height, measured from average ground level or street centerline elevation to the highest point of the fence. Height of fence shall include any berms, chain, or retaining walls, if applicable.

(e)

Screening:

(1)

Whenever a commercial use or structure is constructed adjacent to a residential use, structure, or district, the commercial use shall construct a six-foot high solid wood or masonry fence along the property line or lines abutting the residential use or district. If that structure or use is in a C-2 district, said fence shall be eight-feet high.

(2)

All junk, wrecker, and salvage yards must provide a six-foot high (minimum) wood or masonry fence to screen the view of existing outdoor storage and work areas.

(3)

All automobile, motorcycle, boat and manufactured home sales, new and used, and automotive repair operations, must adhere to the following:

a.

No parts or waste material shall be stored outside the building.

b.

Damaged automobiles, motors, motorcycles and/or other vehicles awaiting repair must be stored in an area enclosed with a solid wood or masonry fence, minimum six (6) feet high, to adequately screen the area from public view.

c.

All repair operations, mechanical and body, must be conducted in a building.

The following use restrictions and regulations shall apply to required front, side and rear yard areas as defined in this ordinance:

(a)

No A-frames, metal or wood, workbenches, or similar structures shall be placed, stored, or used within the front yard area as defined in this ordinance or within the side yard areas abutting the side street on corner lots as defined in this ordinance.

(b)

No automotive or motor vehicle repair work other than minor motor adjustments, minor parts replacement, and flat tire repair to vehicles owned by the occupant and registered to the address of said premises shall be performed or conducted within the front yard area as defined herein or within side yard areas abutting the side street on corner lots as defined herein. Permissible minor motor adjustments, minor parts replacement, and flat tire repairs as referred to herein, include by way of illustration, but not in limitation thereof, the removal, replacement and/or repair of distributor, carburetor, alternator, water pump, radiator, muffler system, and brake system. Permissible minor repairs as referred to herein shall not include by way of illustration, but not in limitation thereof, the removal of engine heads, engine blocks, transmission, axles, body components, and valve jobs.

(c)

All motor vehicle repairs, except minor as defined herein, conducted in side yard areas, other than side yard areas abutting a side street on corner lots, and rear yard areas in residential districts, must be done between the daylight hours only or in an enclosed building.

(d)

No type of commercial automotive or motor vehicle body repair, painting, welding, or sandblasting is allowed in residential districts.

(e)

Motor vehicle parking is prohibited in the required front yard, except on paved driveways.

(a)

With the exception of the side yards abutting the street sides of corner lots, any accessory building that is not a part of the main building may be built in a required side yard, provided that such accessory building is not less than sixty (60) feet from the front lot line and not less than three (3) feet from the side lot line. On through lots, an accessory building that is not part of the main building may be built in a required side yard, other than the side yard abutting the street side of corner lots, if no part of such accessory building is less than three (3) feet from the side lot line and no portion of such building is located in either front yard.

(b)

On corner lots, accessory buildings are not permitted in required side yards on the side street side or within any portion of the rear yard area, which lies between the side street and the prolongation of the required side yard line into the rear yard area.

(c)

Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than forty percent (40%) of the required rear yard, provided that in any area where accessory buildings are not built on the side or rear lot lines and in residential districts, such accessory buildings shall not be located less than three (3) feet from either side or rear lot line.

(d)

Accessory buildings or structures permitted in a required rear or side yard shall not exceed thirteen (13) feet in height.

(e)

The combined gross area of all accessory buildings or portions thereof located in side and rear yards shall not exceed forty percent (40%) of the required rear yard area, nor shall more than one accessory building cover any part of a required side yard.

(f)

Prefabricated utility accessory buildings, built with factory-made panels and initially designed for storage purposes, are allowed in rear yards only. Maximum area shall be two hundred (200) square feet.

(a)

These regulations apply to townhouses in any zoning district where permitted.

(b)

In no case will the density be greater than that allowed in the district where townhouses are to be constructed. However, substandard lots of record may be developed containing an area of not less than two thousand (2,000) square feet per unit.

(c)

Building frontage, measured at a building line, for individual units of a townhouse may not be less than fifteen (15) feet. Lot width for end units shall be adequate to provide front and side yards for the district in which the townhouses are located.

(d)

For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only. Townhouses with three (3) or more units where the side yard is adjacent to a single-family residential district shall not be less than fifteen (15) feet.

(1)

The front and rear yards required for townhouses shall be as required for the district in which they are being constructed.

(2)

A detached garage, carport, or other accessory building shall be permitted in the required rear yard on a lot occupied by a townhouse, but in no instance shall be permitted in any other required yard area on the lot.

(3)

No more than eight (8) dwelling units shall be included in any one townhouse building.

(4)

The façades of dwelling units in a townhouse shall be varied by changed front yards of not less than three (3) feet and variation in materials or design so that no more than two (2) abutting units will have the same front yard depth and the same or essentially the same architectural treatment of façades and roof lines.

(5)

Required off-street parking space of one space per dwelling unit must be provided on the lot or within one hundred fifty (150) feet of the lot in any permitted area and cannot occur in the required front yard.

(a)

All ordinances of the City of Kenner regulating manufactured home and manufactured home parks must be complied with, specifically Chapter 54 of the Building Code of the City of Kenner.

(b)

Manufactured home parks shall be allowed in S-I, L-I, and H-I Districts only and shall conform to the following requirements:

(1)

A manufactured home park shall be located on a site of not less than one acre and shall not contain more than twenty-four (24) manufactured home sites per acre. Individual manufactured home sites shall contain an area of not less than one thousand seven hundred and fifty (1,750) square feet.

(2)

A manufactured home park shall be connected with a street by a paved driveway or driveways constructed in accordance with appropriate ordinances and regulations.

(3)

A front yard at least twenty (20) feet in depth shall be provided.

(4)

Side yards of not less than five (5) feet shall be provided; however, on corner sites a side yard of not less than ten (10) feet in width shall be provided.

(5)

A rear yard of not less than twenty (20) feet in depth shall be provided.

(6)

Required front, rear, and side yards shall be planted with grass, shrubs, or trees and all planting must be maintained in a manner not obstructing sight distances for vehicles entering or leaving the manufactured home park.

(7)

The manufactured home park shall be separated from the abutting property and the required front yard and on a corner lot from the required side yard on the street side by a solid fence at least five (5) feet, but not in excess of seven (7) feet in height.

(8)

Individual manufactured home sites shall provide a front yard having a minimum depth of five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.

(9)

Individual manufactured home sites shall provide two (2) side yards having a combined width of thirteen (13) feet; in no case shall either side yard be less than five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.

(10)

Individual manufactured home sites shall provide a rear yard having a minimum depth of five (5) feet. Appendages, expansions, canopies, or attachments to the manufactured home shall not protrude into any required yard area.

(11)

Off-street parking space for automobiles shall be provided in the ratio of at least one parking space per manufactured home in location convenient to individual manufactured homes or groups of manufactured homes. Parking is not allowed in the required front yard.

(12)

No signs shall be erected upon such manufactured home parks except not more than one (1) sign shall be permitted at each entrance for directional and identification purposes. Such signs shall not exceed ten (10) square feet nor extend more than ten (10) feet in overall height above the ground and shall not project into required yard areas more than six (6) inches.

(c)

All manufactured home parks located in the City of Kenner:

(1)

Shall have one (1) sign listing the manufactured home park name and address located at the main entrance to the park site.

(2)

Each sign shall include a map diagram showing the names of all streets in the manufactured home park (private or public).

(3)

Each manufactured home in the park shall be numbered with a uniform twelve (12) by twelve (12) inch sign on a four-foot high post made of weather-resistant material. Said sign shall be located and maintained in the front of each manufactured home giving a clear and unobstructed view from the road giving access and ingress to said manufactured home.

(4)

Any change of street names by new owners of the manufactured home park shall be submitted to the City of Kenner Planning and Zoning Department and the Fire Department prior to the official name change.

(5)

A copy of the street map of the manufactured home park with the names of each street and the number of manufactured homes located thereon shall be supplied to the City of Kenner Fire Department.

(6)

All existing manufactured home parks must comply with all provisions of this ordinance.

(a)

Purpose: The purpose of this provision is to permit an affordable alternative to single-family frame built residential units by permitting single-family detached manufactured homes or modular units to be located in certain zoning districts on individual lots of record when it is determined by the Board of Zoning Adjustments via a site plan review, that the health, safety, welfare and harmony of the community will be served.

(b)

Permitted Use:

(1)

The only use allowed under this provision shall be a manufactured or modular home, as defined herein, used as a single-family detached residence, and shall be allowed only in the R-2 and R-3 zoning districts.

(2)

All accessory and supplementary regulations as provided and allowed in the R-1 Single-family residential zoning district shall apply.

(3)

Travel trailers, recreational vehicles, and motorized homes, as defined elsewhere herein and similar vehicles, shall not be deemed eligible for this use under this provision.

(c)

Application Procedure:

(1)

Applications for new manufactured and modular homes shall be processed through the Department of Planning and Zoning. Once a complete application has been accepted by the Department of Planning and Zoning, the case shall be advertised for a Board of Zoning Adjustments public hearing.

(2)

Notices shall be sent to the addresses on both sides of the street or road on which the property fronts, as well as the street or road immediately to the rear of the property, within two hundred fifty (250) feet of said property. Should the property on which said modular unit or manufactured home is to be placed be situated on a corner or intersection of two (2) or more streets, then the property owners on both sides of said street and/or roads, within a radius of two hundred fifty (250) feet thereof shall be notified.

(3)

The Board of Zoning Adjustments shall conduct a public hearing regarding the matter and make its final decision of approval; approval with stipulations; or denial.

(d)

Performance and Criteria Standards: The following performance standards and criteria shall be used by the Board of Zoning Adjustments in determining the merits of a proposal:

(1)

Lot area: A site shall contain a minimum of five thousand (5,000) square feet with a minimum frontage of fifty (50) feet and a minimum depth of one hundred (100) feet.

(2)

Density: There shall be no more than one detached residential unit per one lot of record with a minimum of five thousand (5,000) square feet.

(3)

Height: No building shall exceed the maximum height established for the respective district.

(4)

Front yard: There shall be a front yard having a depth of not less than twenty (20) feet, provided; however, that where the average depth of existing front yards on lots improved with buildings located within one hundred (100) feet on either side of such lot, front on the same street as such lot and within the same square, is less than the minimum required front yard, the front yard on such lot may be the average of the existing front yards. However, no front yard shall be less than ten (10) feet. On through lots, the required front yard shall be provided on both streets.

(5)

Side yard: There shall be two (2) yards having a combined width of not less than twenty percent (20%) of the width of the lot provided that in no case shall either side yard be less than five (5) feet and provided further that the combined width of two (2) side yards need not exceed twelve (12) feet. Appendages, carports, canopies, or attachments to the main structure shall not protrude into any required side yard. On corner lots, the side yard on the side of the lot abutting the side street shall not be less than ten (10) feet unless otherwise provided herein.

(6)

Rear yard: There shall be a rear yard having a depth of not less than twenty (20) per cent of the depth of the lot, provided; however, that the depth of such rear yard shall not be less than fifteen (15) feet and need not exceed twenty-five (25) feet.

(7)

Parking: There shall be a minimum of two (2) impervious off-street parking spaces. Parking shall not be located in the required front yard nor shall parking be permitted on lawn or other green area in the front yard.

(8)

Base Flood Elevations: All sites shall meet or exceed established flood grades.

(9)

Foundation: All foundations shall be of such strength as to adequately support the structure. Plans for the foundation shall be approved by the Department of Inspections and Code Enforcement.

(10)

Undercarriage: The undercarriage of manufactured homes shall be screened from view by skirting of metal, wood, masonry or similar suitable materials as determined by the Department of Inspections and Code Enforcement.

(11)

Anchoring and tie downs: All manufactured homes shall be securely anchored to the ground at all corners per the Department of Inspections and Code Enforcement's approval.

(12)

Sidewalks: Paved walks, driveways, and sidewalks shall be installed to the required grade.

(13)

Address and mailbox access: Addresses and mailboxes shall be provided and made accessible from the roadway for identification and service.

(14)

Other considerations: In addition to meeting the aforementioned performance requirements, other considerations shall include the existing land use patterns and types of existing construction within the neighborhood.

a.

The structure shall be to scale with other single-family dwellings located on the same street.

b.

Exterior architectural features shall be consistent with the majority of surrounding residences.

c.

Metal buildings are prohibited.

(e)

Six-month Limitation: If a decision of denial is rendered by the Board of Zoning Adjustments, then the same or similar application shall not be resubmitted to the Planning Department for a period of twelve (12) months from the date of the final vote of denial.

If permits are not applied for within six (6) months of approval by the Board of Zoning Adjustments, the approval by the BZA will be null and void.

(a)

Group homes are licensed and regulated by the State of Louisiana.

(b)

Group homes are subject to all federal regulations, regulations of the Louisiana Administrative Code, and local zoning regulations. Federal and/or State regulations shall take precedence over local regulations.

(c)

Group homes shall be permitted in any of the residential districts in the City of Kenner

(d)

Group homes shall be located no closer than one thousand (1,000) feet from any other existing group home, as measured from the nearest point of the lot line on which such use is proposed to be located to the nearest point on the lot line on which any other existing similar use is located.

(e)

A group home shall encompass the entire dwelling.

(f)

The location, design, and operation of the group home shall not alter the residential character of the neighborhood. The facility shall retain a residential character, which shall be compatible with the surrounding neighborhood. New buildings shall be non-institutional in design and appearance and physically harmonious with the neighborhood in which they are located, considering such issues as scale, appearance, density, and population.

(g)

Group homes are divided into the following sizes:

1.

Group home—small: Up to six (6) residents

2.

Group home—large: Seven (7) to fifteen (15) residents

3.

Group home—congregate: Sixteen (16) or more residents

(a)

Automobile sales establishments shall only be located in those districts where they are specifically permitted as per Article VI, Zoning of this ordinance.

(b)

Site Development Criteria:

(1)

No automobile sales establishment may locate any closer than one thousand (1,000) feet from any established, operational, automobile sales or rental establishment. The distance shall be measured radially from the subject property lines.

(2)

All automobile sales and rental establishments shall have a permanent office building, which meets all current building, safety, and sanitary codes of the City of Kenner, as a primary structure. No portable, temporary, or manufactured building shall be used as the primary structure.

(3)

Public rights-of-way shall not be used for parking, storage, or display of vehicle inventory.

(4)

Parking: All automobile sales establishments shall provide dedicated off-street customer parking spaces over and above those spaces used for inventory parking. Parking shall comply with Article VII, Off-Street Parking and Loading Regulations of this ordinance.

(5)

The outdoor area devoted to storage, loading, parking and display of vehicles shall only take place on the same lot with and ancillary to a sales room. Such areas shall not be used for the storage or display of vehicles that are not in operating condition. Inoperable vehicles shall be screened from public view by a solid wood or masonry fence as required by Sec. 12.04 (e) of this ordinance.

(6)

Surfacing: All areas for required parking and storage must be hard-surfaced (concrete, asphalt, or pervious paving). Limestone, gravel, and similar surfacing materials are not allowed.

(7)

Landscaping: As per Article IX of this Ordinance.

(8)

Signs: As per Article XI of this Ordinance.

Proposals for service stations, gas stations, and similar establishments must provide a utility survey illustrating the layout of proposed underground piping and all existing sewer, water, and drainage lines on site and within fifty (50) feet of the site shall be shown on the plans. Said plans must be approved by the City of Kenner Fire Department and the Department of Public Works.

(a)

Purpose: These regulations are intended to minimize excessive light trespass and to contribute to the safety and welfare of the residents of the City of Kenner and implement the goals and policies of the City of Kenner's Comprehensive Plan to increase security and promote public safety by providing sufficient lighting levels for vehicular and pedestrian access at a development site, improve aesthetics in the commercial areas of the City, and to reduce and eliminate problems with glare and light trespass.

(b)

General: The light source shall be concealed and shall not be visible from any street or adjacent lot or site. In order to direct light downward and minimize the amount of light spill into the night sky and onto adjacent streets, lots, or sites, all light fixtures shall be cutoff fixtures.

(c)

Lighting Regulations in all Districts:

(1)

In commercial, industrial, and mixed-use districts, a lighting plan must be submitted as part of a site plan review prior to submitting an application for a building permit.

(2)

Spotlights and floodlights shall be angled so that the center of the beam will strike the ground within the said property line.

(3)

Any exterior lighting that can be reasonably expected to create a nuisance to the adjacent neighboring properties is prohibited.

(4)

Lighting Prohibitions all Districts:

a.

Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.

b.

Searchlights. The operation of searchlights for advertising purposes is prohibited.

c.

Commercial landscape lighting, which is above the 90-degree plane, is not permitted in order to omit excessive light glare.

d.

No security flood lighting shall be allowed from any building, structure, improvement or light standard located on any lot or site.

(5)

Glare Prohibited:

a.

Light used to illuminate any parking area abutting a residential district shall be so arranged as to reflect light away from the residential district.

b.

The maximum permitted illumination at the property line is two (2) foot-candles. The cone of light must be contained on-site and must not cross the property line. OR

c.

See Table XII-1: Outdoor Lighting Intensity Specifications.

Table XII-1: Outdoor Lighting Intensity Specifications

(d)

Lighting on Buildings:

(1)

No light fixtures mounted on the exterior of a building shall be mounted above the fascia of the roof or above the top of any building parapet wall.

(2)

Building exterior lighting shall be adequately controlled downward, using a building detail or some type of shield or cutoff device, to prevent glare. This includes light fixtures mounted beneath building canopies, porches, covered walkways, or eaves.

(3)

Canopy fixtures shall use recessed lens covers flush with the bottom surface of the canopy that will provide a cutoff or shielded light distribution. It is the intent of this requirement that the light source not be visible.

(4)

Building wall pack type light fixtures may be used in loading or service areas and shall not be mounted higher than ten (10') feet above finish grade. Building wall pack light fixtures shall incorporate sharp cutoff devices or shields to eliminate or prevent glare or undesirable illumination of other lots or sites.

(e)

Lighting for Parking Lots and other Vehicular Use Areas:

(1)

Vehicular Use Area light standard (a concrete footing or foundation, light pole and light fixture, combined) shall be no lower in height than eighteen (18') feet and no taller in height than twenty-six (26') feet. The light standard height shall be measured from the top of the vertical curb of the vehicular use area directly adjacent to or nearest to the light standard to the very top of the light standard.

(2)

All vehicular use areas must be lit using a "down" or "cutoff" type fixture, which concentrates the light downward onto the surface below to be illuminated to eliminate or prevent glare or any undesirable illumination of adjacent properties.

(a)

Required Standards for Home Occupations:

(1)

The individual licensed for the home occupation shall live in the dwelling.

(2)

No more than one (1) home occupation license shall be issued per family dwelling.

(3)

No person shall be employed on the premise, who is not a bona fide resident of the dwelling.

(4)

The use of the dwelling unit for home occupation shall be clearly incidental and secondary to its use for residential purposes. Not more than twenty percent (20%) of the living area of the dwelling unit or 400 square feet, whichever is the lesser, shall be used in the conduct of home occupations.

(5)

No outdoor display or storage of inventory, equipment, or supplies associated with the home occupation is permitted.

(6)

There shall be no change in the exterior appearance of the building or premises as a result of such occupations, with the exception of a sign as provided in Article XI, General Sign Regulations.

(7)

No home occupation shall be conducted in any accessory building.

(8)

No mechanical equipment shall be used or stored on the premises except that which is normally used for purely domestic or household purposes. The home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke, or heat detectable to the normal senses outside the dwelling unit. No equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage. There shall be no illegal discharge of any materials, fluids, or gases into the sewer or drainage system or any other manner of discharging such items in violation of any applicable government code.

(9)

No more than one (1) home occupation related vehicle, regardless of the number of home occupations, is permitted at any (1) one premises. Any such vehicle must be twenty (20) feet or less in overall length and not more than seven (7) feet in overall height and must be parked off any public right-of-way. All exterior storage of cargo, equipment or other material on the vehicle shall be shielded from view at all times when such vehicle is located on a residential lot.

(10)

An "address of convenience" consists solely of the receiving of phone calls, mail, and keeping business records in connection with any profession or occupation, and shall not require a home occupation permit. A business that receives clients or customers is not an "address of convenience" but shall be considered a "home occupation" and must meet all the requirements of this section.

(11)

When in compliance with the requirements of this section, a home occupation includes, but is not limited to, the following:

a.

Art studio;

b.

Day care for not more than six (6) children, including any children of the adult provider;

c.

Dressmaking and tailoring;

d.

Professional office of a lawyer, engineer, architect, accountant, salesman, or other similar occupation;

e.

Teaching or tutoring, including musical instruction and dance instruction, limited to not more than two (2) pupils at a time;

f.

Typing/word or data processing service.

(12)

The following uses are not to be considered appropriate as home occupations uses. Personal services including:

a.

Cosmetology, barbershops, beauty parlors, kennels, dog grooming;

b.

Real estate and insurance offices;

c.

Radio, television and appliance repair, cabinet making, boat building for others.

d.

Auto servicing or rebuilding and repair for others;

e.

Contractor's offices;

f.

Metal fabrications or cutting, employing welding or cutting torches, ambulance service, helium balloons, house painters; and

g.

Other uses similar in nature or in effect on the surrounding neighborhood.

(13)

Home occupations that exist as legal uses shall not be allowed to continue once the occupants who have established the legal use status no longer occupy the premises.

(14)

The City of Kenner Department of Inspections and Code Enforcement shall determine whether the home occupation meets the established criteria and shall issue a home occupation permit when such application is in compliance with the established criteria.

(15)

Once an applicant meets all of the criteria for a home occupation, an occupational license may be issued from the Kenner Department of Inspections and Code Enforcement.

(a)

Telecommunications transmission towers, monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters must be located only in the Special Industrial Districts S-I, Light Industrial Districts L-I, and Heavy Industrial Districts H-I, subject to criteria listed in subsection (e), Criteria for Standard Telecommunications Installations, below.

(b)

Monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters will be allowed in the General Commercial Districts C-2, Special Industrial Districts S-I, Light Industrial Districts L-I, and Heavy Industrial Districts H-I, subject to criteria listed in subsection (e), Criteria for Standard Telecommunications Installations, below.

(c)

Monopole telecommunications towers, masts, aerials, antennas, and related communication equipment shelters shall be allowed in the Single-Family Residential Districts, R-1, R-1A, Two-Family Residential Districts R-2, Three-and Four-Family Residential Districts RR-3, Multiple-Family Residential Districts R-3, Neighborhood Commercial Districts C-1, General Office Districts G-O, and Recreation Districts RD, on nonresidential uses or sites in said districts provided the following criteria are met:

(1)

No new site may be established if there is a technically suitable place available on an existing communications tower within the search area that the new telecommunications site is to serve. For the purpose of this ordinance, the search area is defined as the grid for the placement of the telecommunications structure.

(2)

The minimum lot size on which a monopole telecommunications transmission tower or antenna is to be located shall be the minimum lot size for the zoning district, or five thousand (5,000) square feet, whichever is greater, and shall be of sufficient size to contain onsite any debris from tower or antenna failure.

(3)

No new site will be allowed within a one thousand-foot radius of existing monopole telecommunications transmission towers or antennas within the district.

(4)

Permitted Height. The maximum height of any monopole telecommunications transmission tower, mast, aerial, and/or antenna shall be sixty-five (65) feet. The height shall be measured from the top of the telecommunications structure to grade and shall include the height of any building or other structure upon which the telecommunications structure is mounted.

(5)

Setbacks:

a.

The monopole telecommunications transmission tower must be setback from all property lines by a distance of twenty percent (20%) of the height of the tower or by the rear yard setback required for the zoning district, whichever is greater.

b.

Communication equipment shelters must meet the minimum setback standards for accessory structures in the zoning district and shall not be used for offices, long-term vehicle storage, or other outdoor storage.

c.

In no case shall a monopole telecommunications transmission tower be located in the required front yard of a lot.

d.

The distance from the base of the monopole telecommunications transmission towers, masts, aerials, and/or antennas to the nearest property line of any residential use shall not be less than the height of the telecommunications structure from the top of the telecommunications structure to grade.

(6)

General Design Standards, Fences, and Landscaping:

a.

General design standards: The entire facility must be aesthetically and architecturally compatible with its environment. The use of compatible materials such as wood, brick, or stucco is required for communication equipment shelters, which shall be designed to architecturally match the exterior of structures within the zoning district.

b.

Fences and Landscaping:

i.

Existing onsite vegetation shall be preserved to the maximum extent practicable.

ii.

Solid walls or fences constructed of wood, brick, masonry or a combination thereof shall be used to secure the site and screen the site from public view.

iii.

All walls or fences shall be used in conjunction with landscaping. The portion of the telecommunications site or that portion of a parcel upon which the fence is located that abuts public land or streets shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high upon maturity and spaced not more than ten (10) feet apart. These trees or shrubs may be planted in any configuration, which will serve to better buffer the site.

iv.

In no case will barbed wire or razor wire fencing be permitted in the zoning districts.

(d)

Communication Equipment Shelters:

(1)

Telecommunications equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site.

(2)

Communication equipment shelters up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops.

(3)

Communication equipment shelters shall be subject to local, state, and federal safety standards to protect adjacent land uses.

(4)

In no case shall associated support buildings be considered accessory structures or buildings.

(5)

Platforms are permitted and excluded from this criterion.

(6)

Structural integrity: Telecommunications and cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred five (105) mph and a maximum gust load of two hundred (200) mph. The monopole telecommunications transmission tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TTA-222-E and as amended hereafter.

(7)

Visual Impact Mitigation:

a.

Color: The monopole telecommunications transmission tower or antenna shall be constructed of a material with a neutral color and shall be designed to blend in with the surrounding landscape and uses.

b.

Lighting: When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be orientated inward so as not to project onto surrounding property.

c.

Design: The design criteria for monopole telecommunications transmission towers and related communication equipment shelters shall follow the provisions outlined above in subsection (c)(6)a., General Design Standards. The monopole telecommunications transmission towers shall be of a stealth or camouflaged design in order to blend in with surrounding landscape and uses.

(8)

Time limit on project completion: Once a monopole telecommunications transmission tower or antenna is approved, the building permit shall be obtained within six (6) months and the project shall be completed within one (1) year. Extensions may be granted upon request, proper notification, and review of extension request.

(9)

All obsolete or unused facilities and structures must be removed within twelve (12) months of cessation of operation at the site. Written notification of the cessation of operation at the site shall be provided to the Department of Inspections and Code Enforcement by the operator of the site within ninety (90) days of the cessation of operation.

(e)

Criteria for Standard Telecommunications Installations: The following criteria shall apply to telecommunications transmission towers, monopoles, masts, aerials, antennas, and related communication equipment shelters:

(1)

Distance requirements to residential development. The distance from the base of the telecommunications transmission towers, monopoles, masts, aerials, and/or antennas to the nearest property line of any residential use shall not be less than the height of the telecommunications structure from the top of the telecommunications structure to grade.

(2)

Fences and Landscaping:

a.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

b.

Solid walls or fences constructed of wood, brick, masonry or a combination thereof shall be used to secure the site and screen the site from public view.

c.

All walls or fences shall be used in conjunction with landscaping. The portion of the telecommunications site or that portion of a parcel upon which the fence is located that abuts public land or streets shall be landscaped with at least one (1) row of trees or evergreen shrubs at least four (4) feet high upon maturity and spaced not more than ten (10) feet apart. These trees or shrubs may be planted in any configuration, which will serve to better buffer the site.

(3)

Visual Impact Mitigation:

a.

Color. Telecommunications transmission towers, monopoles, masts, aerials and/or antennas shall be constructed of a material with a neutral color designed to blend in with surrounding land uses.

b.

Lighting. Dual lighting shall be employed on telecommunications transmission towers, monopoles, masts, aerials and/or antennas when lighting is required and as permitted by the Federal Aviation Administration (FAA) or other federal or state authority. For the purposes of this ordinance and to minimize intrusion into other areas, dual lighting shall be considered as strobe lighting during the day light hours and red lighting at night.

(4)

Communication Equipment Shelters and Platforms:

a.

Telecommunications equipment may be housed within existing structures or in new buildings constructed within the buildable area of the site.

b.

Communication equipment shelters up to a maximum of eleven (11) feet in height and four hundred (400) square feet in area shall be permitted on rooftops.

c.

Communication equipment shelters shall be subject to local, state, and federal safety standards to protect adjacent land uses.

d.

In no case shall associated support buildings be considered accessory structures or buildings.

e.

Platforms used to house telecommunications equipment shall be excluded from the above criteria.

(5)

Structural Integrity: Telecommunications and cellular transmission towers shall be certified by an engineer to withstand a minimum wind load of one hundred five (105) mph and a maximum gust load of two hundred (200) mph. The monopole telecommunications transmission tower and any proposed transmission equipment must be certified to meet any structural standards for steel antenna towers and support structures set in the Electronic Industries Association/Telecommunications Association Standards referenced as EIA/TTA-222-E and as amended hereafter.

(6)

Guy anchors:

a.

Where a telecommunications tower is guyed, the exposed, above ground portion of the guy anchors shall be no less than five (5) feet from the nearest property line.

b.

For rooftop telecommunications towers, all guy wire anchors shall be positioned on top of the roof of the building upon which the transmission towers, masts, aerials and/or antennas are located.

(7)

Density Requirements: No more than one (1) site for telecommunications transmission towers, masts, monopole telecommunications transmission towers, and aerials and/or antennas of a monopole design shall be permitted within any given five hundred (500) foot radius.

(f)

Amateur radio operators: Operators of amateur radios licensed under Part 97 of the Federal Communications Commission regulations are specifically excluded from the requirements of this Article.

Required standards for short-term rentals:

(a)

Minimum requirements:

(1)

A hardwired smoke detector(s) and a hardwired carbon monoxide detector(s) is required in either individual bedroom(s) or adjacent hallways. An operable fire extinguisher is required to be located on the premises of the establishment.

(2)

A brochure is required to be located in the short-term rental in a conspicuous location at all times. The brochure shall include the name, phone number with area code, and e-mail address of the licensee and the designated local responsible party. The brochure also shall provide information pertinent to the neighborhood where the short-term rental is located, including, but not limited to, restrictions on parking, noise, trash, the trash collection schedule, and a fire evacuation route.

(3)

Any owner and/or operator of a short-term rental shall comply with all housing codes set forth in chapter 5, article II of this Code.

(b)

Operational standard:

(1)

Any owner and/or operator of a short-term rental must comply with chapter 7, article 8, section 7-138 of this Code.

(2)

A designated local responsible party is required. The operator is not required to be present during the duration of the transient guest's visit. Where the operator is absent from the premises, the designated local responsible party shall respond to a complaint concerning the short-term rental from a guest or a neighbor and, if necessary, shall appear on the premises to address the issue.

(3)

There must be one (1) off-street parking space for each room rented in addition to the number of spaces required for each dwelling unit under article VII, section 7.04 of the Unified Development Code.

(4)

The operator of any short-term rental shall comply with the following registration requirements:

a.

Registration and records requirements:

i.

Operators shall require every registrant to provide evidence of identity through at least one (1) of the following methods:

1.)

Pre-approved identification system.

2.)

Credit card payment.

3.)

Government-issued identification which contains the registrant's following information:

(A)

Full name.

(B)

Date of birth or age.

(C)

Residence address.

(D)

Photograph of the registrant.

4.)

Contracted guest list provided through an outside business organization.

ii.

Operators shall maintain a record of all registrants to the short-term rental. All registration records shall include, but not be limited to, the following information:

1.)

Registrant's name.

2.)

Registrant's residence or billing address.

3.)

The day, month, year and time of arrival of the registrant.

4.)

The number or location of the rooms assigned to the registrant.

5.)

The date the registrant is scheduled to depart.

6.)

The method of payment for the lodging.

7.)

For registrants who provide government-issued identification and pay in cash, operators shall maintain an electronic record of the registrant's driver's license or other government-issued identification.

iii.

Maintain and inspect records

1.)

Short-term rental operators shall maintain all registration records for a minimum of thirty (30) calendar days from the date of departure.

2.)

No registration record(s) shall be altered, erased or defaced so as to interfere with any inspection of the record.

3.)

Information contained in the registration records remains the property of the short-term rental and shall not be subject to public disclosure or considered public record unless such registration records become part of a city record in which case the city shall be responsible for the release of information.

b.

The short-term rental shall meet the provisions set forth in articles 7 through 9 of chapter 7 of this Code.

(c)

Inspection of facilities: The inspections and code enforcement department and the Kenner Fire Department shall be authorized to conduct inspections of all short-term rentals subject to the regulations in this Code.

(d)

Licensing require:

(1)

No short-term rental shall engage in the business of rental of room or rooms, and facilities without first filing application, initial or renewal, with inspections and code enforcement and obtaining a lodging accommodation license from inspections and code enforcement to engage in such business. Where this Code allows a short-term rental that is in operation at the time of the effective date of the ordinance from which this section derives, the short-term rental shall have until six (6) months from the effective date of the ordinance from which this section derives, to submit a completed application for a lodging accommodation license, or face penalty as provided in this section. All current licenses in good standing previously issued as a hotel/motel license shall be recognized as a valid lodging accommodations license.

(2)

A lodging accommodation license shall not be transferred from one (1) place or one (1) individual to another place or individual.

(3)

Inspections and code enforcement shall refuse a lodging accommodation license or renewal thereof to any establishment that has an outstanding notice of violation of the Code of Ordinances, in excess of forty-five (45) days.

(4)

The lodging accommodation license shall be renewed annually on or before November 1 ^st of each calendar year.

(5)

The requirements for the lodging accommodation license herein provided are requirements separate and apart from and in addition to the license requirements for the Kenner Occupational License Tax under article IV, chapter 10 of this Code. The required lodging accommodation license under this article is a regulatory license and not a revenue license.

(e)

Application, fees, requirements for licensing:

(1)

Any person desiring to operate a short-term rental shall obtain an initial lodging accommodation license or renew a previously issued and unrevoked license and shall submit an application along with a nonrefundable processing fee annually to inspections and code enforcement in the form prescribed by inspection and code enforcement department. The processing fee shall be seven hundred and fifty dollars ($750.00). The application and all supporting documents shall be retained by inspections and code enforcement. All applications and supporting documents shall include:

a.

Name, if applicable, and address of establishment;

b.

Authorization to apply and related documents, based on the following categories:

i.

If the establishment is owned by a corporation, the operator of said establishment shall provide: an affidavit executed by the corporation authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter as well as the name, date and state under whose laws such corporation was organized, and if a foreign (out-of-state) corporation, whether such corporation is authorized to do business in the State of Louisiana, the name under which the corporation may be doing business, and the name of the principal officer(s), registered agent and local representatives, and their business addresses;

ii.

If the establishment is owned by a partnership, the operator of said establishment shall provide: an affidavit executed by the partnership authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter as well as the partnership name under which the partnership may be doing business, and the name, business address of each partner;

iii.

If the establishment is owned by a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall provide: an affidavit executed by the proprietor authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter; as well as the name under which the sole proprietorship is doing business, and the name, business address of the natural person who owns, controls or directs the sole proprietorship;

iv.

If the establishment is a short-term rental, the operator shall provide the following documents:

1.)

If the short-term rental is owned by the operator, an Act of Sale or Deed that establishes the operator as the owner;

2.)

If the operator is a lessee or renter, an affidavit executed by the owner of the short-term rental authorizing the lessee or renter to apply for a lodging accommodation license; and a current lease agreement with the signatures of the short-term rental operator and the owner of the property.

3.)

An affidavit executed by the operator designating and authorizing the local responsible party.

4.)

A copy of the brochure required by this chapter.

5.)

Proof that the owner or operator has current, valid, general liability coverage of five hundred thousand dollars ($500,000.00) or more, verified with a current insurance certificate, for the proposed short-term rental property and shall adhere to the following expiration terms:

(A)

The insurance company or policy holder shall provide ten (10) days' notice to the department by e-mail or certified mail of expiration or cancellation of the required liability insurance policy.

(B)

Companies shall furnish inspections and code enforcement with satisfactory evidence of required legal liability coverage for each lodging accommodation prior to the expiration of the first seven (7) days of the ten (10) days' notice of cancellation by the respective insurance company. Upon the second notice of cancellation within a period of twelve (12) months, the company shall take action to prevent any future lapse of insurance and shall provide the details of such action in writing; and, regardless of any company action or writing, the company license may still be subject to revocation.

c.

Number of rental units in each establishment;

d.

Date of proposed commencement of operation, if initial application;

e.

Photographs of the outside and the inside of the establishment (which shall be taken and included in the initial application for a lodging accommodation license and in each subsequent application for renewal of the lodging accommodation license);

f.

Such other reasonable information or data that the city or the Kenner Police Department requires for background investigation; and

g.

For a renewal application where the establishment has not been subject to a change in ownership or a change in the entity's domicile, then operator shall provide an affidavit to that effect. If the establishment is owned by a corporation, the corporation shall execute the affidavit. If the establishment is owned by a partnership, the partnership shall execute the affidavit. If the establishment is a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall execute the affidavit. If the establishment is a short-term rental, the property owner shall execute the affidavit.

(2)

Requirements for issuance of lodging accommodation license. Inspections and code enforcement shall issue the lodging accommodationlicense hereunder upon receipt of the completed application and all associated affidavits, the application fee, and the written approval of the Kenner Police Department, the city attorney's office, and the inspection and code enforcement department in accordance with the following:

a.

Approval by the Kenner Police Department shall include a complete criminal background investigation of the individual(s) named in the application as owners and/or operators, said investigation to be conducted by the Kenner Police Department or its designee, and confirmation that the person(s) subject to the criminal background investigation has/have not been convicted of any crime involving drugs, vice or felony violence in the ten (10) years immediately prior to the date of the application;

b.

Approval by the city attorney's office shall include, but not be limited to, verification of the following:

i.

If the establishment is owned by a corporation, then the city attorney's office shall verify that the corporation does not have an officer or director who is or was an officer, director, partner or sole proprietor of a short-term rental establishment which has a currently suspended lodging accommodation license or has had a license revoked by Kenner or any other jurisdiction within five (5) years of the date of the application;

ii.

If the establishment is owned by a partnership, then the city attorney's office shall verify that the partnership does not have a partner who is or was an officer, director, partner or sole proprietor of a short-term rental establishment which has a currently suspended lodging accommodation license or has had a lodging accommodation license revoked by Kenner or any other jurisdiction within five (5) years of the date of the application;

iii.

If the establishment is owned by a sole proprietorship, then the city attorney's office shall verify that the sole proprietor is not or was not an officer, director, partner or sole proprietor of a short-term rental establishment which has a currently suspended lodging accommodation license or has had such license revoked by Kenner or any other jurisdiction within five (5) years of the date of application;

iv.

That the lodging accommodation license of the establishment is not currently under suspension or revocation;

v.

That the applicant has all required licenses and is in good standing with the State of Louisiana and City of Kenner; and

vi.

If the establishment is a short-term rental:

1.)

That the owner or operator is not or was not the operator of a short-term rental which has a currently suspended lodging accommodation license or has had such license revoked by Kenner or any other jurisdiction within five (5) years of the date of application;

c.

Approval by inspections and code enforcement shall include, but not be limited to, an inspection of the property for compliance with the provisions of this chapter.

(3)

Failure to renew a lodging accommodation license prior to its expiration date renders the expired license immediately invalid. A short-term rental operator who timely files for an application for a lodging accommodation license or renewal shall be considered to be in compliance provided that the applicant/owner/operator has submitted to the criminal background investigation within seven (7) business days of filing the application and that the operator is otherwise acting in good faith to obtain the required approvals. Inspections and code enforcement shall provide written renewal notice to each operator no later than sixty (60) days prior to expiration of the lodging accommodation license. In the event inspections and code enforcement fails to timely send the renewal notice, then the operator shall have sixty (60) days from the date notice is sent to apply for renewal. In the event inspections and code enforcement fails to send a renewal notice, then the operator shall have sixty (60) days from the expiration date to apply for renewal.

(f)

Display of license: Any lodging accommodation license issued by inspections and code enforcement shall be conspicuously displayed in the office or lobby, or other conspicuous location, of the licensed establishment. The license number shall be shown clearly on the face of any advertisement, including on-line listings, or act of drawing the public's attention to the short-term rental in order to promote the availability of the short-term rental.

(g)

Lodging accommodation license—Suspension or revocation: The lodging accommodation license shall be subject to suspension or revocation upon good cause shown at a hearing conducted by either the lodging accommodation review committee or the parish council, within one hundred and twenty (120) days from the date of the occurrence, as documented by inspections and code enforcement, that the short-term rental has engaged in any of the following since issuance of its current lodging accommodation license:

(1)

Failure to comply with the requirements of this chapter or with applicable provisions of this Code.

(2)

Refusal and/or failure to remedy building, zoning, or other code violations in accordance with a judicial order and/or order of the bureau of administrative adjudication.

(3)

Noncompliance with articles 7 through 9 of chapter 7 of this Code.

(4)

Three (3) or more felony drug-related independent incidents resulting in arrests where the offense occurred on short-term rental property by a guest in a period of ninety (90) days, except when the arrest is the result of notification to and/or in direct cooperation with law enforcement by lodging accommodation management.

(5)

Three (3) or more prostitution-related independent incidents resulting in arrests where the offense occurred on short-term rental property by a guest in a period of ninety (90) days except when the arrest is the result of notification to and/or in direct cooperation with law enforcement by lodging accommodation management.

(6)

Except when the result of short-term rental management notifying or directly cooperating with law enforcement, five (5) or more verified calls for service within a thirty (30) day period regarding the following activities on the property of the short-term rental: illegal felony drug activity, prostitution, or violent felony crimes.

(7)

The Kenner Police Department shall provide a copy of the initial report of a verified call for service to the short-term rental operator or his/her designee at which any arrest or verified call for service as noted in subsections B, C, and D herein occurs within thirty (30) days of the occurrence of the arrest or verified call for service.

(8)

Failure to timely apply for, renew, or post the lodging accommodation license.

(h)

Procedure for and effect of suspension, revocation:

(1)

Committee. The lodging accommodation review committee shall contain the same members that comprise the alcoholic beverage permit review committee as set forth in chapter 3, article II, section 3-40 of this Code. The lodging accommodation committee shall hereinafter be called the "committee."

(2)

Notice.

a.

A notice or summons, accompanied by the affidavit, shall be served upon the holder of a permit stating the time and place of the hearing, which shall be not less than ten (10) nor more than sixty (60) calendar days from the date notice is given. The notice or summons shall be issued by the clerk of council or his assistant, and shall list the cause or causes for suspending, revoking, fining or warning the permittee, if not previously listed in the affidavit.

b.

The notice may be mailed by registered or certified mail to the permit holder at the address of his/her place of business listed in the permit application. When so addressed and mailed, notice shall be conclusively presumed to have been received by the permit holder. In addition to the above method of service, notice may be served on the permit holder by personal or domiciliary service by a police officer or employee of the department of code enforcement for the city.

c.

A reasonable attempt shall be made to provide the same notice and service described in sections (A) and (B) above upon the owner and/or lessor of the premises, but failure to do so shall not prohibit the hearing pertaining to the permit holder.

(3)

Hearings.

a.

Hearings may be conducted by the council or it may refer any case for hearing to the "committee." All hearings shall be presented by the city attorney or his/her assistant.

b.

If the hearing is conducted by the committee, the council shall not be required to conduct another hearing, unless a majority of the council votes to do so. No permit shall be suspended, revoked, permittee fined or written warning issued except by a majority vote of the council. No rehearing shall be granted after a decision of the council has been made.

c.

The council or "committee" may administer oaths, issue subpoenas for attendance of witnesses, production of documents, receive testimony and may examine witnesses.

d.

Whenever a hearing is conducted before the council or committee, opportunity shall be afforded all parties to present evidence on all issues of fact and law, conduct direct and cross-examinations of witnesses, and submit arguments and legal briefs.

e.

Strict rules of evidence and procedures shall not apply. The council or committee may accept any evidence considered of value and relevant.

f.

Testimony received shall be taped or stenographically recorded, together with all documentary evidence, oral or written arguments or briefs submitted, and made part of the record.

g.

If the permit holder fails to appear and has received prior notice or service, the hearing may proceed without their presence.

h.

All requests for the continuance of hearings before the council and/or committee shall be in writing, filed with the clerk of council and shall not be granted by the council or committee except for good cause shown. The failure or inability to retain or procure counsel to appear on one's behalf shall not constitute good cause. Except in the case of an extreme emergency or in unusual circumstances, no request for a continuance will be considered unless filed with the clerk of council at least three (3) working days in advance of the time set for the hearing. A continuance may be granted, prior to the hearing date, upon the concurrence of the council chairman, or vice-chairman in the absence of the chairman, or if a case is referred to the committee, the committee member from permittee's district.

(4)

Duties of the Committee. If the council refers the affidavit or case to the committee for hearing, the committee shall act as a fact finder only. It shall hear witnesses, evidence, oral arguments, legal briefs, and provide the council with written findings of facts and recommendations. These findings shall be made part of the record. Both the record and findings shall be certified by the committee and submitted to the council within fifteen (15) days of the hearing. The council may accept or reject in whole or in part the findings and recommendations of the committee pertaining to the facts and/or penalty. The council may increase, decrease or modify any penalty recommended by the committee for violation or violations of any provisions of this section. The council shall make its decision within sixty (60) days of receipt of the record and findings of the committee.

(5)

Penalty. Penalties which the council may impose are as follows:

a.

If the violation is of a minor nature or there are extenuating circumstances with reasonable grounds to believe the permit holder will not again violate any of the provisions of this article, the council may issue a written warning to the permittee.

b.

If it is felt that a warning is insufficient, and the violation is the permittee's first, then the council may suspend the permit for up to thirty (30) days, or impose a fine up to two thousand five hundred dollars ($2,500.00), or both.

c.

If the permit holder has been previously warned, fined or had a permit suspended or revoked, or if the violation is flagrant or serious, the council may suspend the permit for a period time it deems appropriate in excess of thirty (30) days, or may revoke the permit. A fine of up to two thousand five hundred dollars ($2,500.00) may be imposed in lieu of or in addition to suspension or revocation of a permit.

d.

Any warning or fine, suspension or revocation of a permit is in addition to and not in lieu of or in limitation upon any other penalty imposed by law including any penalty imposed for violations under this chapter and under section 1-9 of the city Code of Ordinances.

e.

Upon suspension or revocation of a permit, the city shall notify the State of Louisiana of that fact.

(6)

Conviction by court not necessary for suspending or revoking. Conviction by a court for any violation of the provisions of this section is not a condition precedent for the warning or fining of a permittee or for suspension or revocation of a permit under this section. However, when there has been a previous criminal prosecution for the same or similar act upon which the suspension or revocation of a permit is being considered, evidence of an acquittal in a court of competent jurisdiction is admissible in any new proceeding before the council or committee. The council or committee may suspend or revoke permits, or fine or warn permit holders for violations of this section, regardless of any prosecution in any court or the result of any such prosecution.

(7)

Cost of Hearing. If hearings of the council or committee result in suspension or revocation or fine, the council or commission shall assess the cost of the hearing to the permittee. The costs are recoverable by the council or committee in any appellant proceeding instituted by the permittee or in any other appropriate judicial proceedings.

(8)

Contempt at hearings; penalty. If any person fails to comply with a subpoena issued by the council or committee, or if a witness refuses to testify, the council or committee may find him/her guilty of contempt and issue a penalty as provided in section 1-9.

(9)

Appeals. A permit holder who is aggrieved by a decision by the council may within ten (10) days of notification of the decision take a devolutive appeal to the 24th Judicial District Court and the appeal shall be by trial de novo. Within ten (10) calendar days from the signing of the judgment by the district court the city or the permit holder may devolutive appeal from the judgment of the district court to the court of appeals as in ordinary cases.

(10)

Effect of revocation, suspension. When a lodging accommodation permit is revoked for any legal cause, the city may order that the city lodging accommodation permit shall not be issued covering the premises for one (1) year after the date of revocation.

(11)

Acts prohibited on licensed premises; suspension or revocation of permits. In addition to any violations listed in sub-section (g) of this section, any acts prohibited under the provision of Louisiana Revised Statute 26:90, as it currently exists or is subsequently amended, shall be grounds for fine, suspension, revocation or warning.

(i)

Notice of revocation or suspension of lodging accommodation license: The inspection and code enforcement department or Kenner Police Department shall post a copy or copies of the notice of revocation or suspension of the license to operate the short-term rental.

(j)

Lodging accommodation license—Surrender following revocation: Whenever a lodging accommodation license has been revoked pursuant to the provisions of this section, the owner or operator of the establishment for which the lodging accommodation license was issued shall surrender the license to the city forthwith. The lodging accommodation operation shall cease within seventy-two (72) hours of the posting of the notice of revocation of the lodging accommodation license.

(k)

Violation—Penalty: It is unlawful to advertise or operate a short-term rental without a valid lodging accommodation license. Whoever violates the provisions of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment, within discretion of the court and/or bureau of administrative adjudication. Each day on which a short-term rental advertises or operates without a valid lodging accommodation license shall be considered a separate offense for purposes of this section.

(l)

Short-term rental restrictions: (1) Short-term rental is allowed in only the following zoning districts: Multi-Family Residential District (R-Mf) and Commercial Districts (C-1, C-2) subject to the following standards:

a.

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

b.

Short-term rentals shall not include rental for meetings, such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation.

c.

Short-term rental shall be subject to the provisions of chapter 5, section 5-107, chapter 7, and chapter 10 of this Code.

(m)

Platforms:

(1)

Short-Term Rental Permits Required. No platform shall facilitate or conduct any booking transaction for a short-term rental in the City of Kenner without first obtaining and maintaining a short-term rental platform permit.

(2)

Short-Term Rental Permit Fees. Short-term rental platform permit shall be ten thousand dollars ($10,000.00), annually.

(3)

Annual Short-Term Rental Platform Permit and Application.

a.

Any platform that receives anything of value for directly or indirectly facilitating or conducting a booking transaction for short-term rentals in the City of Kenner shall possess a short-term rental platform permit.

b.

The short-term rental platform permit is valid for one (1) year from the date of issuance, and shall be reapplied for and renewed annually.

c.

The short-term rental platform permit application shall require the following information, at a minimum:

i.

The applicant's name, trade name, address, and telephone number;

ii.

Proof that the applicant is in good standing with the Louisiana Secretary of State and authorized to do business within the State of Louisiana;

iii.

The name, address, phone number and e-mail address of the platform's local agent authorized for service of process; and

iv.

The name, address, phone number and e-mail address of the platform's local agent authorized by the applicant to address and remedy any violation of this article.

v.

The names and web addresses of any portal, listing service, or website under the applicant's ownership or control that facilitates booking transactions in the City of Kenner.

(4)

Legal Duties of Short-Term Rental Platform Permit Holders.

a.

Any person possessing a short-term rental platform permit shall comply at all times with the following requirements

i.

No platform may conduct, facilitate, or complete any booking transaction for a short-term rental in the City of Kenner that is not in compliance with this Code. A short-term rental is not in compliance with the code if it has not obtained the proper licensing as required by section 12.16(d) of this Code.

ii.

Each platform shall have a duty to obtain commercial general liability insurance, with limits of not less than one million dollars ($1,000,000.00) per occurrence, for bodily injury, personal injury (if commercially available) and property damage arising in any way from the issuance of the short-term rental platform permit or activities conducted pursuant to that permit. Each policy of insurance shall:

1.)

Be issued by an insurer authorized to insure in the State of Louisiana;

2.)

Name the City of Kenner as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the issuance of the permit (if commercially available);

3.)

Be maintained in full force and effect for the duration of the permit period; and

4.)

Include a provision requiring thirty (30) calendar days' advance notice to the City of Kenner prior to cancellation or lapse of the policy.

iii.

A platform shall ensure that any portal, listing service, or website under its ownership or control that facilitates booking transactions in the City of Kenner complies with the terms and requirements of this Code.

(5)

Collection of Payments of Taxes/Fees for Booking Transactions.

a.

With respect to any booking transaction facilitated by or through a platform, the platform shall be responsible for collecting and remitting all applicable sales and use taxes owed by the owner/operator of the short-term rental in accordance with state law.

b.

With respect to any booking transaction facilitated by or through a platform, the platform shall collect from the owner/operator of the short-term rental and remit to the city the occupancy fee imposed by this Code. The foregoing shall be collected and remitted contemporaneously with, and in the manner prescribed for, applicable sales and use taxes.

c.

When collecting and remitting taxes and fees on behalf of an owner/operator of a short-term rental, each platform shall comply with all applicable federal, state and local laws and regulations regarding collection and payment of taxes.

d.

Every platform remitting taxes pursuant to this section shall maintain its records in such a manner and in such detail that will permit the director of finance or his duly authorized agents to readily verify the correctness of any tax or fee due pursuant to this Code. In furtherance of this requirement and in accordance with applicable law, the city may perform an audit and examine the books, records, papers, vouchers, accounts and documents of a platform to ensure full compliance with this section.

(6)

Platform Safe Harbor. Platforms shall be deemed in compliance with the legal duties set forth in this section if:

a.

The platform requires any person who lists a short-term rental located in the City of Kenner to provide the lodging accommodation license permit number associated with the short-term rental at the time of the listing;

b.

The platform does not permit the listing of short-term rental located in the City of Kenner if the required lodging accommodation permit information is omitted or appears blank, ensuring that the city may assess whether the short-term rental possesses the appropriate permits and is otherwise operating in accordance with law; and

c.

The platform removes any improper listings within seven (7) days of the city providing written notification of an unpermitted or unauthorized short-term rental. A permitted platform that avails itself of this safe harbor does not warrant the accuracy of user-submitted permit data, and shall not be legally responsible for any incorrect information submitted by an owner or and/or operator of a short-term rental.

(Ord. No. 11,653, § 7, 11-7-19)