KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 170771 Introduction Date: 9/28/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 88, Zoning and Development Code, to regulate provision of short term rental. (254-S-316)

Legislation History
DateMinutesDescription
9/28/2017 Filed by the Clerk's office
9/28/2017 Referred to Planning, Zoning & Economic Development Committee
10/4/2017 Hold On Agenda (10/18/2017)
10/18/2017 Hold On Agenda (11/8/2017)
11/8/2017 Hold On Agenda (11/29/2017)
11/29/2017 Hold On Agenda (12/6/2017)
12/6/2017 Hold On Agenda (1/17/2018)
1/17/2018 Hold On Agenda (1/31/2018)
1/31/2018 Hold On Agenda (2/7/2018)
2/7/2018 Without Recommendation as a Second Substitute
2/15/2018 Assigned Third Read Calendar as Substituted

View Attachments
FileTypeSizeDescription
170771 Compared Version.pdf Compared Version 1565K Compared Version
170771 Staff Report.pdf Staff Report 126K Staff Report
170771 Fact Sheet Ch. 18.pdf Fact Sheet 202K Ch. 18 Fact Sheet
170771 Fact Sheet.pdf Fact Sheet 204K Ch. 88 Fact Sheet

Printer Friendly Version

SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170771

 

Amending Chapter 88, Zoning and Development Code, to regulate provision of short term rental. (254-S-316)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Tables 110-1 (in Section 88-110-03), 120-1 (in Section 88-120-03), 130-1 (in Section 88-130-04) and 140-1 (in Section 88-140-03) and Sections 88-260-03 (UR, Urban Redevelopment District, Use Regulations and Lot and Building Standards); 88-270-02-B. (Uses Permitted without Development or Project Plan Approval); 88-305-05 (Accessory Uses and Structures, Carriage Houses); 88-320 (Bed and Breakfast); 88-620 (Subdivision Regulation Fees); 88-805-02-A. (Residential Living Group, Household Living) of Chapter 88, Zoning and Development Code, are hereby repealed and new sections of like number and title are hereby enacted, and that Sections 88-321 (Short Term Rental Regulations); 88-810-698 (Host); 88-810-728 (Lodger); 88-810-1445 (Revocation); 88-810-1580 (Short Term Rental); 88-810-1581 (Short Term Rental Intermediary); and 88-810-2160 (Suspension) are hereby enacted, all to regulate provision of bed and breakfast and short term rental, said new sections to read as follows:

 

Table 110-1     RESIDENTIAL DISTRICTS USE TABLE 

 

Table 110-1
Residential Districts Use Table

U S E G R O U P
(refer to 88-805 Use Groups and Categories)

Z O N I N G   D I S T R I C T

Use
Standards

Use Category
  » specific use type

R-80

R-10

R-7.5

R-6

R-5

R-2.5

R-1.5

R-0.75

R-0.5

R-0.3

R E S I D E N T I A L

Household Living

P

P

P

P

P

P

P

P

P

P

88-110-06-C
88-323

Group Living (except as noted below)

S

S

S

S

88-350

  » Group homes

P

P

P

P

88-350

  » Nursing home

S

S

S

S

S

S

P

P

P

P

88-350

P U B L I C / C I V I C

Bicycle-Sharing Facilities

P

P

P

P

P

P

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

P

 

College/University

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

 

Day Care

  » Home-based (1–5)

P

P

P

P

P

P

P

P

P

P

 

  » Family (up to 10)

P

P

P

P

P

P

P

P

P

P

88-330-01

  » Group (up to 20)

P

S

S

S

S

S

P

P

P

P

88-330-02

  » Center (21+)

P

88-330-02

Detention and Correctional Facilities

S[1]

88-335

Halfway House

S

88-352

Hospital

S

S

 

Library/Museum/Cultural Exhibit

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Park/Recreation

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

  » Homes Association Amenities

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-805-03-H

Religious Assembly

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Safety Service (except as noted below)

S

S

S

S

S

S

S

S

S

S

88-365

  » Fire station

P

P

P

P

P

P

P

P

P

P

88-365

  » Police station

P

P

P

P

P

P

P

P

P

P

88-365

School

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

88-365

Utilities and Services (except as noted below)

S[1]

S

S

S

S

S

S

S

S

S

 

  » Basic, minor

P

P

P

P

P

P

P

P

P

P

88-425-08-B

C O M M E R C I A L

Animal Service

  » Shelter or boarding

P

 

 

 

88-315

  » Stable

P

88-315

  » Veterinary Office

P

 

Entertainment and Spectator Sports

S

 

Funeral and Interment Service

  » Cemetery/columbarium/mausoleum

S

S

S

S

S

S

S

S

S

S

88-345

  » Crematory

S

S

S

S

S

S

S

S

S

S

88-345

  » Undertaking

S

S

 

Lodging

  » Bed and breakfast

S

S

S

S

S

S

S

S

88-320

  » Recreational vehicle park

S[1]

 

» Short term rental

Refer to 88-321

Neighborhood-serving retail

S

S

S

S

S

S

S

S

S

S

88-360

Office, Administrative, Professional or General

S

S

S

S

 

Reuse of officially designated historic landmark
(local or national) if proposed use is not permitted

S

S

S

S

S

S

S

S

S

S

 

Sports and Recreation, Participant

S

 

I N D U S T R I A L

Mining and Quarrying

S[2]

 

Waste-Related Use (except as noted below)

 

  » Composting facility

S[1]

88-328

  » Demolition debris landfill

S[1]

88-380

O T H E R

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

P/*

*Chapter 14

Agriculture, Crop

P

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

P/S

 88-312-01

Agricultural, Urban

  » Home Garden

P

P

P

P

P

P

P

P

P

P

88-312-02-A

  » Community Garden

P

P

P

P

P

P

P

P

P

P

88-312-02-B

  » Community Supported Agriculture (CSA) 

P

S

S

S

S

S

S

P

S

S

88-312-02-C

A C C E S S O R Y    S E R V I C E S

Wireless Communication Facility

  » Freestanding

P[1]

88-385

  » Co-located antenna

P

P

P

P

P

P

P

P

P

P

88-385

 

 

Table 120-1     OFFICE, BUSINESS, AND COMMERCIAL DISTRICTS USE TABLE 

Table 120-1
Office, Business and Commercial Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Z O N I N G   D I S T R I C T

Use
Standards

Use Category
  » specific use type

O

B1

B2

B3

B4

R E S I D E N T I A L

Household Living

   » Single family home

P

P

P

P

P

 88-120-03-H.3.

   » In single-purpose residential building

P

P

P

P

 88-323

   » In mixed-use building

P

P

P

P

P

 

Group Living

P

P

P

P

P[5]

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

P

P

 88-322

Club, Lodge, or Fraternal Organization

P

P

P

P

P[5 for Ground Floor Uses]

 

College/University

P

P

P

P

P[5 for Ground Floor Uses]

 

Day Care

   » Home-based (1–5)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Family (up to 10)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Group (up to 20)

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Center (21+)

P

P

P

P

P[5 for Ground Floor Uses]

 

Hospital

S

P

P

P

P[5 for Ground Floor Uses]

 

Library/Museum/Cultural Exhibit

P

P

P

P

P

 

Park/Recreation

P

P

P

P

P

 

Religious Assembly

P

P

P

P

P

 

Safety Service

   » Fire station

P

P

P

P

P[4]

 

   » Police station

P

P

P

P

P

 

   » Ambulance service

S

S

S

P

P[4]

 

School

P

P

P

P

P[5 for Ground Floor Uses]

 

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

S[1]

S[1][5]

 

   » Basic, minor

P

P

P

P

P

 88-425-08-B 

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

P[1][4]

 88-310-03

   » Adult motion picture theater

P[1]

P[1][4]

 88-310-02

   » Sex shop

P[1]

P[1][4] 

 88-310-02

Animal Service

   » Sales and grooming

P

P

P

P

 88-315

   » Shelter or boarding

P

P

P[4]

 88-315

   » Stable

S[4] 

 88-315

   » Veterinary

P

P

P[5 for Ground Floor Uses]

 88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P[5]

 

Business Equipment Sales and Service

P

P

P

 

Business Support Service (except as noted below)

P

P

P[5]

 

   » Day labor employment agency

S[1][4]

 88-331

Communications Service Establishments

P

P

P

P[5]

 

Drive-Through Facility

P[2]

P[2]

P[2]

 88-338 & 88-340

Eating and Drinking Establishments (except as noted below)

P

P

P

P

P

 

   » Tavern or nightclub

P

P

P

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

P[5 for Ground Floor Uses]

 

   » Indoor medium venue (150–499 capacity)

S

P

P[5 for Ground Floor Uses]

 

   » Indoor large venue (500+ capacity)

S

P[5 for Ground Floor Uses]

 

   » Outdoor (all sizes)

S

P[5]

 

Financial Services (except as noted below)

S

P

P

P

P

 

   » Pawn shop

P

P

P

P

 

   » Short-term loan establishment

P[1]

P[1]

P[1][4]

 88-325

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

S

S

S

S

S

 88-345

   » Cremating

S

S

S

S

 88-345-02

   » Undertaking

S

P

P

P[5]

 88-345

Gasoline and Fuel Sales

S[3]

S[3]

S[3]

P[3][5]

 88-323

Lodging

   » Bed and Breakfast

P

P

P

P[5 for Ground Floor Uses]

 

   » Hotel/motel

P[2]

P[2]

 88-323

   » Recreational vehicle park

S[1]

S[1][4]

 

» Short term rental

-

P

P

P

P

88-321

Mobile Vendor Park

P

 88-358

Office, Administrative, Professional or General

P

P

P

P

P[5 for Ground Floor Uses]

 

Office, Medical

P

P

P

P

P[5 for Ground Floor Uses]

 

   » Blood/plasma center

S

S

 

Parking, Accessory

P

P

P

P

P

 88-323

Parking, Non-accessory

S[1]

P[1]

P[1]

 

Personal Improvement Service

P

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

P

 

Research Service

P

P

P

P

P[5 for Ground Floor Uses]

 

Retail Sales

P

P

P

P

 

    » Outdoor Retail Sales - Class A

P

P

P

P

88-366-01

    » Outdoor Retail Sales - Class B

P

P[4]

88-366-02

Reuse of officially designated historic landmark (local or national) if proposed use is not permitted

S

S

S

S

S

 

Sports and Recreation, Participant

   » Indoor

P

P

P

P[5 for Ground Floor Uses]

 

   » Outdoor

P

P[5 for Ground Floor Uses]

 

Vehicle Sales and Service      

   » Car wash/cleaning service

S[1]

P[1]

P[1][5, if not within a parking structure]

 

   » Heavy equipment sales/rental

S[1]

P[1][4]

 

   » Light equipment sales/rental (indoor)

P[2]

P[2]

P[2]

 88-323

   » Light equipment sales/rental (outdoor)

S[1]

S[1]

P[1][5, if not within a parking structure]

 

   » Motor vehicle repair, limited

S[2]

P[2]

P[2][5]

 88-323

   » Motor vehicle repair, general

S[2]

P[2][5]

 88-323

   » Vehicle storage/towing

P[1][4]

 88-375

I N D U S T R I A L  

Manufacturing, Production and Industrial Service

   » Artisan (except as noted below)

P

 

        » Artisanal Food and Beverage Manufacturing

S

P

 88-318

        » Catering Establishments

S

P

 88-318

   » Limited

S[4]

 

   » General

S[2][4]

 88-323

   » Intensive

 

Recycling Service

   » Limited

S[1][4]

 

Self-Storage Warehouse

-

P[2][4]

88-323 & 88-369

Warehousing, Wholesaling, Storage, and Freight Movement

  » Indoor

P[2][4]

88-323 & 88-378

  » Outdoor

88-378

A G R I C U L T U R A L

Agriculture, Animal

P/*

P/*

P/*

P/*

P/*[4]

*Chapter 14

Agriculture, Crop

P

P

P

P

P[4]

 88-312-01

Agriculture, Urban

  » Home Garden

P

P

P

P

P

 88-312-02-A

  » Community Garden

P

P

P

P

P[4]

 88-312-02-B

  » Community Supported Agriculture (CSA) 

P

P

P

P

P[4]

 88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P[1]

P[1]

P[1][4]

 88-385

   » Co-located antenna

P

P

P

P

P[5]

 88-385

 

Table 130-1     DOWNTOWN DISTRICTS USE TABLE 

Table 130-1
Downtown Districts Use Table

U S E    G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

Use
Standards

Use Category
 » specific use type

DC

DX

DR

R E S I D E N T I A L

Household Living

  » Single family home

P

P

P

 

   » In single-purpose residential building

P

P

P

88-323

   » In mixed-use building

P

P

P

 

Group Living

S

S

S

 

P U B L I C / C I V I C

Bicycle Sharing Facilities

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

P

 

College/University

P

P

P

 

Day Care

   » Home-based (1–5)

P

P

P

 

   » Family (up to 10)

P

P

P

 

   » Group (up to 20)

P

P

S

 

   » Center (21+)

P

P

S

 

Hospital

S

S

S

 

Library/Museum/Cultural Exhibit

P

P

P

 

Park/Recreation (except as noted below)

P

P

P

 

   » Community center

P

P

P/S

88-365

Religious Assembly

P

P

P

 

Safety Service

   » Fire Station

P

P

P

88-365

   » Police Station

P

P

P

88-365

   » Ambulance service

P

P

P

88-365

School

P

P

P/S

88-365

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

 

   » Basic, minor

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

88-310-03

   » Adult motion picture theater

P[1]

P[1]

88-310-02

   » Sex shop

P[1]

P[1]

88-310-02

Animal Service

   » Sales and grooming

P

P

S

88-315

   » Shelter or boarding

P

P

88-315

   » Stable

S

88-315

   » Veterinary

P

P

S

88-315

Artist Work or Sales Space

P

P

P

 

Building Maintenance Service

P

P

 

Business Equipment Sales and Service

P

P

 

Business Support Service (except as noted below)

P

P

 

   » Day labor employment agency

S[1]

 

Communications Service Establishments

P

P

 

Drive-Through Facility

S[2]

S[2]

88-338 & 88-340

Eating and Drinking Establishments (except as noted below)

P

P

P

 

   » Tavern or nightclub

P

P

S

 

Entertainment and Spectator Sports

   » Indoor small venue (1–149 capacity)

P

P

S

 

   » Indoor medium venue (150–499 capacity)

P

P

S

 

   » Indoor large venue (500+ capacity)

S

S

S

 

   » Outdoor (all sizes)

S

S

S

 

Financial Services (except as noted below)

P

P

P

 

   » Short-term loan establishment

P[1]

88-325

   » Pawn shop

S[1]

 

Food and Beverage Retail Sales

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

 

   » Undertaking

P[2]

P[2]

88-345

Gasoline and Fuel Sales

S[3]

S[3]

88-323

Lodging

   » Bed and breakfast

P

P

P

 

   » Hotel/motel

P[2]

P[2]

S[2]

88-323

» Short term rental

P

P

P

88-321

Mobile Vendor Park

P

P

88-358

Office, Administrative, Professional or General

P

P

P

 

Office, Medical

P

P

P

 

   » Blood/plasma center

S

S

 

Parking, Accessory

P

P

P

88-323

Parking, Non-accessory

S[1]

S[1]

S[1]

 

Personal Improvement Service

P

P

P

 

Repair or Laundry Service, Consumer

P

P

S

 

Research Service

P

P

 S

 

Retail Sales

P

P

P

 

   » Outdoor Retail Sales -  Class A

P

P

P

88-366-01

Reuse of Officially Designated Historic Landmark (local or national) if proposed use is not permitted

S

S

S

 

Sports and Recreation, Participant

   » Indoor

P

P

S

 

   » Outdoor

S

S

S

 

Vehicle Sales and Service

   » Car wash/cleaning service

S[1]

S[1]

 

   » Heavy equipment sales/rental

S[1]

 

   » Light equipment sales/rental (indoor)

S[2]

S[2]

88-323

   » Light equipment sales/rental (outdoor)

S[1]

S[1]

 

   » Motor vehicle repair, limited

S[2]

S[2]

88-323

   » Motor vehicle repair, general

S[2]

88-323

   » Vehicle storage/towing

S[1]

88-375

I N D U S T R I A L

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

 

   » Limited

S

S

S

 

   » General

S

S[2]

88-323

Recycling Service

   » Limited

S[1]

 

Self-Storage Warehouse

S[2]

88-323 &
88-369

Warehousing, Wholesaling, Storage, and Freight Movement

   » Indoor

S[2]

S[2]

88-323 &

88-378

   » Outdoor

S[2]

88-323 &

88-378

A G R I C U L T U R A L

Agriculture, Animal

P/*

Chapter 14

Agriculture, Crop

P

P

P

88-312-01

Agriculture, Urban

   » Home Garden

P

P

P

88-312-02-A

   » Community Garden

P

P

P

88-312-02-B

   » Community Supported Agriculture (CSA) 

P

P

P

88-312-02-C

A C C E S S O R Y

Wireless Communication Facility

   » Freestanding

 

   » Co-located antenna

P

P

P

88-385

 

 

 

Table 140-1     MANUFACTURING DISTRICTS USE TABLE 

Table 140-1
Manufacturing Districts Use Table

U S E   G R O U P
(refer to 88-805 Use Groups and Categories)

Zoning District

  Use
Standards

Use Category  
  » specific use type

M1

M2

M3

M4

R E S I D E N T I A L

Household Living

  » Single-family home

S

 

  » In single-purpose residential building

P

S

 

  » In mixed-use building

P

S

 

Group living

S

 

P U B L I C / C I V I C

Bicycle Sharing Facility

P

P

P

P

88-322

Club, Lodge, or Fraternal Organization

P

P

 

College/University

P

P

 

Day Care

P

P

S

S

 

Detention and Correctional Facilities

S[1]

S[1]

S[1]

S[1]

88-335

Halfway House

S

S

S

S

88-352

Hospital

P

 

Park/Recreation

P

P

P

P

 

Religious Assembly

P

P

P

P

 

Safety Service

P

P

P

P

 

Schools

 P

 

Utilities and Services (except as noted below)

S[1]

S[1]

S[1]

S[1]

 

   » Basic, minor

P

P

P

P

88-425-08-B

C O M M E R C I A L

Adult Business

   » Adult media store

P[1]

P[1]

P[1]

P[1]

88-310

   » Adult motion picture theater

P[1]

P[1]

P[1]

P[1]

88-310

   » Sex shop

P[1]

P[1]

P[1]

P[1]

88-310

Animal Service

P

P

P

P

88-315

Artist Work or Sales Space

P

P

P

P

 

Building Maintenance Service

P

P

P

P

 

Business Equipment Sales and Service

P

P

P

P

 

Business Support Service(except as noted below)

P

P

P

P

 

   » Day labor employment agency

S[1]

S[1]

P[1]

P[1]

 

Communications Service Establishments

P

P

P

P

 

Drive-through Facility

P[2]

P[2]

88-340

Eating and Drinking Establishments

P

P

P

P

 

Entertainment and Spectator Sports

P

S

S

 

Financial Services (except as noted below)

P

P

P

P

 

   » Pawn shop

P[1]

S[1]

S[1]

S[1]

 

   » Short-term loan establishment

P[1]

P[1]

P[1]

P[1]

88-325

Food and Beverage Retail Sales

P

P

P

P

 

Funeral and Interment Service

   » Cemetery/columbarium/mausoleum

 

   » Cremating

P

P

P

P

 

   » Undertaking

P

P

P

P

 

Gasoline and Fuel Sales

P[3]

P[3]

P[3]

P[3]

88-323

Lodging (except as noted below)

 

    » Hotel/motel

S[1]

 

» Short term rental

P

88-321

Mobile Vendor Park

P

P

P

88-358

Office, Administrative, Professional or General

P

P

P

P

 

Office, Medical

P

P

 

Parking, Accessory

P

P

P

P

 

Parking, Non-accessory

P[1]

P[1]

P[1]

P[1]

 

Personal Improvement Service

P

P

P

P

 

Repair or Laundry Service, Consumer

P

P

P

 

Research Service

P

P

P

P

 

Retail Sales

P

P

P

P

 

   » Outdoor Retail Sales - Class A

P

P

P

P

88-366-01

   » Outdoor Retail Sales  -  Class B

P

P

P

P

88-366-02

Reuse of officially designated historic landmark (local or national) if proposed use is not permitted

S

S

S

S

 

Sports and Recreation, Participant

P

S

S

 

Vehicle Sales and Service

  » Car wash/cleaning service

P[1]

P[1]

P[1]

P[1]

 

  » Heavy equipment sales/rental

P[1]

P[1]

P[1]

P[1]

 

  » Light equipment sales/rental (indoor)

P[2]

P[2]

88-323

  » Light equipment sales/rental (outdoor)

P[1]

P[1]

 

  » Motor vehicle repair, limited

P[2]

P[2]

P[2]

P[2]

88-323

   » Motor vehicle repair, general

P[2]

P[2]

P[2]

P[2]

88-323

   » Vehicle storage/towing

P[1]

P[1]

P[1]

P[1]

 

I N D U S T R I A L

Junk/Salvage Yard

S[1]

P[1]

88-425-09

Manufacturing, Production and Industrial Service

   » Artisan

P

P

P

P

 

   » Limited

P

P

P

P

 

   » General

S[2]

P[2]

P[2]

P[2]

88-323

   » Intensive

P[1]

P[1]

 

Mining/Quarrying

S

S

S

S

88-355

Recycling Service

   » Limited

P[1]

P[1]

P[1]

P[1]

 

   » General

S

S

S

P

 

Self-Storage Warehouse

P[2]

P[2]

P[2]

88-323 & 88-369

Warehousing, Wholesaling, Storage, and Freight Movement

   » Indoor

P[2]

P[2]

P[2]

P[2]

88-378

   » Outdoor

S[1]

P[1]

P[2]

P[2]

88-378

Waste-Related Use

   » Composting Facility

S[1]

S[1]

S[1]

S[1]

88-328

   » Demolition debris landfill

S[1]

S[1]

S[1]

S[1]

88-380

   » Solid waste separation facility

S[1]

S[1]

88-380

   » Transfer station

S[1]

S[1]

88-380

A G R I C U L T U R A L

Agriculture, Animal

P/*

P/*

P/*

P/*

Chapter 14

Agriculture, Crop

P

P

P

P

 88-312-01

Agriculture, Urban

   » Home garden

P

P

P

P

88-312-02-A

   » Community garden

P

P

P

P

88-312-02-B

   » Community supported agriculture (CSA) 

P

P

P

P

88-312-02-C

A C C E S S O R Y   S E R V I C E S

Wireless Communication Facility

   » Freestanding

P[1]

P[1]

P[1]

P[1]

88-385

   » Co-located antenna

P

P

P

P

88-385

 

 

88-260-03 USE REGULATIONS AND LOT AND BUILDING STANDARDS

Properties within the UR district are subject to the use regulations and lot and building standards established at the time of development plan approval by the city council. The use and development standards established for the subject UR district must be in general conformance with the approved area plan and be compatible with desirable land use and development patterns in the surrounding area.

 

For a UR district created on or before the effective date of Ordinance 170771 and which allows residential use, short term rental use shall be allowed in accordance with the registration and issuance by the city planning and development director of a short term rental permit and annual renewal provisions of 88-321 unless the use and development standards established by the city council for such UR district, or any persons or entities in control of uses in such UR district, prohibit short term rental use. Other provisions of 88-321 shall not apply to UR districts established prior to enactment of 88-321, except for those of 88-321-04 General Requirements, as applicable.

 

 

88-270 – AG-R, agricultural-residential district

88-270-02-B. USES PERMITTED WITHOUT DEVELOPMENT OR PROJECT PLAN APPROVAL

The following uses are permitted as of right in the AG-R district.

1.  Detached houses (including short term rental in accordance with 88-321)

 

2.  Orchards

 

3. Agriculture, Crop or Animal

 

4. Agricultural services, such as grist milling, corn shelling, hay baling and threshing services

 

5. Sorting, grading, and packaging of fruits and vegetables and retail fruit and vegetable stands for products grown on the premises

 

6. Animal Services, Stables

 

 

88-305-05 CARRIAGE HOUSES

88-305-05-A.     WHERE PERMITTED

Carriage houses are allowed only when:

1.      they were constructed before March 1, 2005;

 

2.      they are located on property designated as a historic landmark or located in a historic district; and

 

3.      they are located in an R-10, R-7.5, R-6, R-5, or R-2.5 district.

 

88-305-05-B.     MINIMUM LOT AREA

1.      In R-10, R-7.5, R-6 and R-5 districts, a carriage house may be maintained or altered only on a lot that contains a minimum area of 12,000 square feet and that contains a principal building used exclusively for the purposes of no more than one dwelling unit.

 

2.      In the R-2.5 district, a carriage house may be maintained or altered only on a lot that contains a minimum area of 22,000 square feet and that contains a principal building used exclusively for the purposes of no more than:

a.       one dwelling unit; or

 

b.      two dwelling units provided that one of the units is owner-occupied and further provided that the non-owner-occupied unit is either occupied only by children and/or parents of the owner-occupant, and any spouses of a child or parent.

 

 

88-320 BED AND BREAKFAST

88-320-01 APPLICABILITY

Bed and breakfast establishments in R-80, R-6, R-5, R-2.5, R-1.5, R-0.75, R-0.5, and R-0.3 districts are subject to the following standards in addition to any standards imposed as part of the special use approval process.

 

88-320-02 STANDARDS AND CONDITIONS

88-320-02-A.     The establishment must be operated by the owner or manager of the dwelling unit, who must live on the property;

 

88-320-02-B.     At least one off-street parking space must be provided per 2 guest rooms;

 

88-320-02-C.     The building in which the bed and breakfast is located must have a minimum floor area of 3,000 square feet;

 

88-320-02-D.     The bed and breakfast may not contain more than 8 guest rooms;

 

88-320-02-E.     Food service may be provided for resident guests only;

 

88-320-02-F.     Bed and breakfast establishments may not be leased or offered for use as reception space, party space, meeting space, or for other similar events open to non-resident guests; and

 

88-320-02-G.     One non-illuminated wall sign, not exceeding 80 square inches in area, may be displayed. No window or other display or sign may be used to advertise such use.

 

 

 

88-321 Short term rental regulations

88-321-01 APPLICABILITY

Except lodging otherwise permitted by 88-305-12 (and Bed and Breakfast as permitted by 88-320), Short Term Rental regulations are applicable to properties zoned AG-R, R, B, D, UR, MPD, and M1 that are rented for periods of less than 30 consecutive days, defined and further regulated as follows:

 

88-321-02 short term RENTAL OWNER OCCUPIED regulations (type 1)

A short term rental owner occupied is a principal residential dwelling unit that is occupied by the resident (who may be either the owner or the tenant/lessee of the owner authorized by the owner to offer the unit for short term rental for a cumulative minimum of 270 days per calendar year).

 

88-321-02-A. STANDARDS AND CONDITIONS FOR OWNER OCCUPIED PROPERTIES AS PERMITTED IN ALL APPLICABLE ZONING DISTRICTS

1.      Short term rental owner occupied regulations are applicable to all properties in zoning districts which allow short term rental and may be further regulated by provisions of any approved development or project plan.

 

2.      The dwelling unit to be rented may be within a single family, two-family, or multi-family structure or certain carriage houses.

 

3.      A carriage house, as defined in 88-810-280 and permitted in accordance with 88-305-05, may be approved as short term rental owner occupied if the principal building for such property is owner occupied.

 

4.      During the possible 95 days the resident is not present, the property or unit may continue to be used as a short term rental.

 

5.      While not present, the resident may not enter into a contract with more than one party during any given period. While present, the resident may enter into a contract with two parties, provided there shall be at least one bedroom in the dwelling for the resident.

 

6.      No more than 2 persons per each bedroom being rented plus one additional person per dwelling unit, not to exceed 8 guests per dwelling unit, may occupy the dwelling unit.

 

7.      Except for units within a carriage house or two-family structure, guests shall live in common with the family, sharing a common entrance, kitchen facilities, and living areas.

 

8.      The unit must be located within the principal building on the property and may not be located within an accessory building.

 

9.      The unit may not be rented or offered for use as reception space, party space, meeting space, or for other similar events open to non-resident guests.

 

10.  No food service may be provided by the resident.

 

11.  The city-issued short term rental permit for such dwelling unit shall be on display in the interior of the unit.

 

12.  No exterior evidence that the property is being used as a short term rental shall be allowed, including signs.

 

88-321-02-B. APPROVAL REQUIRED FOR OWNER OCCUPIED PROPERTIES AS PERMITTED IN R DISTRICTS

1.      In R-10 and R-7.5 districts, short term rental is allowed only as follows:

a. Property that is designated as a historic landmark or located in a historic district may qualify for an owner occupied permit, upon issuance of a special use permit in accordance with 88-525.

 

b. If the resident host has been operating a short-term rental at the property prior to the passage date of this ordinance and can provide documentary evidence to the satisfaction of the director of the city planning and development department of such use, the resident host may continue to operate a short-term rental upon issuance of a special use permit in accordance with 88-525.

 

2. In other R districts, prior to accommodating any guest on the property, the resident host of an owner occupied short term rental must submit, initially, an administrative approval application for and obtain the approval of the city planning and development director. If the host residing in the short term rental unit is not the owner of such unit, the application must include a notarized affidavit from the owner allowing the unit to be used by the host for short term rentals.

 

3.      The resident host shall submit a notarized affidavit stating that notification of short term rental use was provided by certified or registered mail and by regular mail to:

a.       All adjacent property owners (including those adjoining and immediately across the street).

 

b.      In the case of a short term rental unit within a multi-family structure (condominium or otherwise), the affidavit must also state that such notification was provided to any condominium association and to all condominium unit owners and tenants of units adjoining and immediately across a hallway and those immediately adjacent on floors above or below the short term rental unit.

 

c.       Any applicable homeowner’s association and neighborhood and civic organizations registered with the city.

 

4.      Upon approval, the resident host will receive a permit number, indicating that the property is eligible for short term rental use and listing on a short term rental intermediary platform.

 

5.      Thereafter, annual registry is required (but not a new administrative approval application or affidavit).

 

88-321-02-C. APPROVAL REQUIRED FOR OWNER OCCUPIED PROPERTIES IN AG-R, B, D, UR, MPD AND M1 DISTRICTS

There are no approval requirements, but registration of the short term rental unit with the city planning and development director and issuance of a short term rental permit with annual renewal is required.

 

88-321-03 short term rental NON-OWNER OCCUPIED regulations (type 2)

A short term rental non-owner occupied is a unit not used as a principal residential unit by the host. Application for non-owner occupied short term rental shall be for either a “seasonal” permit (for properties rented 95 days or less per year) or “year around” permit (for properties rented more than 95 days per year).

 


 

88-321-03-A. STANDARDS AND CONDITIONS FOR NON-OWNER OCCUPIED PROPERTIES AS PERMITTED IN ALL APPLICABLE ZONING DISTRICTS

1.      Short term rental non-owner occupied regulations are applicable to all properties in zoning districts which allow short term rental under 88-321.

 

2.      The dwelling unit to be rented may be within a single family, two-family, or multi-family structure.

 

3.      A carriage house, as defined in 88-810-280 and permitted in accordance with 88-305-05, may be approved as short term rental non-owner occupied.

 

4.      The unit must be located within the principal building on the property and may not be located within an accessory structure, except for carriage houses that are located on a property designated as a historic landmark or located in a historic district.

 

5.      In a multi-family structure, only 1 unit or 25% of all units, whichever is greater, may be used for short term rental.

 

6.      In a multi-family structure, the same host may not have more than 4 short term rental units in the same structure.

 

7.      No more than 2 persons per each bedroom being rented plus one additional person per dwelling unit, not to exceed 8 guests, may occupy the dwelling unit. 

 

8.      The host may not enter into a contract with more than one party during any given period.

 

9.      The unit may not be rented or offered for use as reception space, party space, meeting space, or for other similar events open to non-resident guests.

 

10.  No food service may be provided by the host.

 

11.  The city-issued short term rental permit for such dwelling unit shall be on display in the interior of the unit.

 

12.  No exterior evidence that the property is being used as a short term rental shall be allowed, including signs.

 

88-321-03-B. APPROVAL REQUIRED FOR NON-OWNER OCCUPIED PROPERTIES AS PERMITTED IN CERTAIN R DISTRICTS

1.      In R-10 and R-7.5 districts, short term rental is allowed only as follows:

a. Property that is designated as a historic landmark or located in a historic district may qualify for an owner occupied permit, upon issuance of a special use permit in accordance with 88-525.

 

b. If a non-owner occupied property has been used as a short-term rental prior to the passage date of this ordinance and the owner can provide documentary evidence to the satisfaction of the director of the city planning and development department of such use, the use may continue upon issuance of a special use permit in accordance with 88-525.

 

2.      In other R districts, prior to accommodating any guests on the property, the host of a non-owner occupied short term rental must submit, initially, an administrative approval application for and obtain the approval of the city planning and development director prior to accommodating any guests.

 

3.      The host of a non-owner occupied short term rental shall submit a notarized affidavit stating that notification of short term rental use was provided by certified or registered mail and by regular mail to:

a.       All adjacent property owners (including those adjoining and immediately across the street).

 

b.      In the case of a short term rental unit within a multi-family structure (condominium or otherwise), the affidavit must also state that such notification was provided to any condominium association and to all condominium unit owners and tenants of units adjoining and immediately across a hallway and those immediately adjacent on floors above or below the short term rental unit.

 

c.       Any applicable homeowner’s association and neighborhood and civic organizations registered with the city.

 

4.      The host of a non-owner occupied “year around” short term rental shall be further required to satisfy one of the following:

a.       Obtain administrative approval of the city planning and development director, upon submittal of a notarized affidavit containing signatures of at least 55 percent of adjacent residential property owners (including those adjoining and immediately across the street).

 

b.      Or, when signatures of at least 55 percent of neighboring property owners or tenants cannot be secured, obtain a special use permit in accordance with 88-525 for each property to be used as a non-owner occupied short term rental.

 

5.      Upon approval, the host will receive a permit number indicating that the property is eligible for listing on a short term rental intermediary platform.

 

6.      Thereafter, annual registry is required (but not a new administrative approval application, affidavit, or special use permit, unless an applicable special use permit requires otherwise).

 

88-321-03-C. APPROVAL REQUIRED FOR NON-OWNER OCCUPIED PROPERTIES IN AG-R, B, D, UR, MPD AND M1 DISTRICTS

There are no approval requirements, but registration of the short term rental unit with the city planning and development director and issuance of a short term rental permit with annual renewal is required.

 

88-321-04 general requirements

88-321-04-A. ELIGIBILITY FOR PLATFORM

1.      The city planning and development director shall prepare and maintain a list of all short term rentals that are eligible to be listed on a short term rental intermediary’s platform. The list shall be made available to all short term rental intermediaries, the public, and all regulatory authorities in a form and manner prescribed by the director.

 

2.      The city planning and development director shall notify the short term rental intermediaries in the case of a suspension or revocation of a short term rental unit on the city’s registry of short term rentals.

 

88-321-04-B. RECORD-KEEPING AND MONITORING OF COMPLAINTS

1.      The short term rental host and/or the applicable short term rental intermediary’s platforms shall maintain records of each short term rental as required by the city and permitted by law.

 

2.      The short term rental host shall monitor, and the host and the applicable short term rental intermediaries’ platforms (as permitted by law) shall record, any complaints each may receive from guests, local residents, or others regarding any nuisance activity or sanitary, health, or life safety conditions observed on the property.

 

3.      Pursuant to valid legal process, all records and information regarding each short term rental and any information on complaints received shall be made available by the short term rental host or short term rental intermediaries’ platforms, as each has such records or information, to the city planning and development director.

 

88-321-04-C. PERMIT DENIAL, SUSPENSION, OR REVOCATION

1.      A short term rental permit may be denied, or once issued, suspended or revoked when, in the determination of the city planning and development director, the rental of the short term rental property is ineligible under, or fails to comply with, this chapter or other provisions of the Code of Ordinances.

 

2.      Upon determining that a short term rental is ineligible to be listed under this section, the director shall notify the short term rental host or proposed host, in writing, of such fact and of the basis for the determination of ineligibility. Such notice shall include a statement of information advising the short term host or proposed host that the host is entitled to a hearing to contest the determination of ineligibility for listing, suspension, or revocation by filing an appeal of administrative decision in accordance with 88.575.

 

3.      If a short term rental host or proposed host fails to request a hearing within the prescribed time, the short term rental shall be deemed to be ineligible to be listed on any short term rental intermediary platform for 12 months.

 

88-321-04-D. OTHER REQUIREMENTS AND LEGAL DUTIES

Each short term rental host shall:

1.      Provide to the city planning and development director a notarized affidavit from the owner of record of the property or unit (unless the host is the owner of record) consenting to the short term rental of the property.

 

2.      Comply with all applicable federal, state, and local laws, including but not limited to collection and certification of payment of taxes and procurement of any required licenses and permits.

 

3.      Comply with the Code of Ordinances, unless specified in this section, and provide certification that the property is in compliance with all property maintenance, building, electrical, mechanical, and plumbing codes.

 

4.      Post, within each unit, contact information for the owner, host, and/or other local emergency contact information.

 

5.      For a short term rental within a multi-family structure, post a map depicting all (minimum of two) evacuation routes by doors in the event of an emergency. The map shall be posted on or immediately adjacent to every required egress door from each unit, but is not required when a door leads directly to the outside of the building at grade level.

 

6.      Install and maintain smoke and carbon monoxide detectors in locations as specified for dwelling units by the Building Code.

 

7.      Place in each short term rental dwelling unit a working fire extinguisher and a working battery powered portable flashlight or lantern or other emergency lighting device that is workable during an electrical power outage.

 

8.      For purposes of sending notices to and obtaining consents from adjacent property owners under this section, utilize owners’ names and addresses as provided in current county tax assessors’ records.

 

9.      Agree, as part of the short term rental application approval process, to allow inspection of the short term rental dwelling unit by the city for compliance with 88-321 and for fire, public safety, health/sanitation and other city code compliance purposes upon reasonable prior notice (which may be oral or electronic) at times that such unit is not occupied by a short term rental guest; and further agree that if the host for any reason does not allow requested city inspection of such unit, the short term rental permit for such unit may be suspended by the director until such inspection is allowed by the host.

 

10.  Provide evidence to the city planning and development director that there is at least $300,000 of liability insurance for the proposed short term rental dwelling unit in question, which insurance may be provided by a short term rental intermediary; provided that no short term rental intermediary shall have any obligation or liability to the city with respect to whether such insurance is so provided.  Said $300,000 minimum amount of liability insurance shall be subject to adjustment by the city planning and development director for changes in the consumer price index as described in 88-620-B.6 for adjustments to fees by the city manager.  Proof of insurance shall be provided at the time of application and with annual registration.

 

88-321-04-E. PENALTIES

Any penalty for violation of this section shall be as stated in 88-615.

 

 


88-620-A.     SUBDIVISION REGULATION FEES

 

1.    Preliminary plat. The fee for filing the preliminary plat shall be:

a.    Residential: $389.00 plus $4.00 per residential unit, not to exceed $1,295.00

 

b.    Revising an area of an approved residential preliminary plat $389.00 plus $4.00 per unit of the area to be amended, not to exceed $1,295.00

 

c.    Non-residential: $389.00 plus $62.00 per acre or fraction thereof, not to exceed $1,295.00

 

d.    Revising an area of an approved non-residential preliminary plat: $389.00 plus $62.00 acre of the area to be amended, not to exceed $1,295.00

              

2.   Final plat. The fee for filing the final plat shall be:

 a.    Residential: $389.00 plus $4.00 per residential unit, not to exceed $1,813.00

 

b.   Non-residential: $389.00 plus $31.00 per acre or fraction thereof, not to exceed $1,813.00

 

3.    Minor Subdivision:

  a.    Lot Split:

  1.   Residential: $207.00 plus $3.00 per lot/unit

 

2.   Non-residential: $207.00 plus $62.00 per acre

 

b.      Lot Line Adjustment: $207.00 plus $3.00 per lot

c.   Lot Consolidations: $207.00 plus $3.00 per lot

 

d.      Condominium Plats: $207.00 plus $3.00 per unit, not to exceed $1,813.00

 

4. Street naming. The fee for filing for approval of street names shall be:

a.  $130.00 as part of plat approval process

               

b.    $130.00 for honorary street name petition.

 

5.   Re-review of plats. When plat documents require subsequent submittal(s) for review after the 2nd submittal, and prior indicated deficiencies were not addressed in the resubmittal, a resubmittal fee shall be assessed at the time of resubmittal. This fee shall be 25% of the original filing fee for 3rd and subsequent resubmittals. Such resubmittal fee shall not apply as a credit toward any other fees charged.

 a.    Recording fee for final plat. The fee for filing the final plat shall be deposited with the office of the director of records and shall be equal to the fee required by the county in which the plat is required to be filed.

 

b.    The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 


 

88-620-B.     APPLICATIONS TO THE CITY PLAN COMMISSION, THE BOARD OF ZONING ADJUSTMENT, AND ADMINISTRATIVE APPROVALS

Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows:

 1.    City plan commission

  a.    For applications to rezone: $648.00

 

b.    Development plan: 

1.      Residential: $648.00 plus $4.00 per dwelling unit, not to exceed $3,626.00

 

2.      Nonresidential: $648.00 plus $93.00 per acre or fraction thereof, not to exceed $3,626.00

 

c. Project plan: 

1. Residential: $259.00 plus $4.00 per dwelling unit

 

2. Nonresidential: $259.00 plus $93.00 per acre or fraction thereof

 

d. Major amendments 

1. Residential: $311.00 plus $4.00 per dwelling unit, not to exceed $1,295.00

               

2.    Nonresidential: $311.00 plus $93.00 per acre or fraction thereof, not to exceed $1,295.00

 

e.    Urban redevelopment district: $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00 

 

f.    Master plan development: $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00 

 

g.   Council approved signage plan: $259.00

 

h.   Special review district: $440.00

 

i.  Zoning & Development Code text amendment: $518.00

 

j.   Land use plan amendment: $829.00

 

k.   Major street plan amendment: $414.00

 

l.    Appeal of the decision of the director of city planning and development: $518.00

 

m.   Neighborhood rezoning and Overlay District:

 

0-200 parcels / lots . . . . . . . . .   $2,590.00

201-500 parcels / lots . . . . . . .   $4,662.00

501 + parcels / lots . . . . . . . . .  $5,698.00

 

n.  For all other applications: $622.00

 

2.  Board of zoning adjustment 

a.  Variances involving the following uses: 

1.  1 and 2 family dwelling and accessory uses: $259.00

 

2. All other uses: $518.00

 

b.    Appeal of the decision of the director of city planning and development: $518.00

 

c.     Rehearing before the board of zoning adjustment: $207.00

 

d.   Certificate of legal nonconformance:

1.      1 and 2 family dwelling: $130

 

2.      All other uses: $311.00

 

3.      Change in use for an existing legal nonconformance pursuant to 88-610 for 1 and 2 family dwelling: $52.00

 

4.      Change in use for an existing legal nonconformance for all other uses: $181.00

 

e.  All other requests: $389.00

 

f. Stay of enforcement: $414.00

 

g. Special use permit: 

1.      Ambulance service: $855.00

 

2.      Bed & breakfast: $596.00

 

3.      Blood/plasma center: $829.00

 

4.      Car wash/cleaning service: $855.00

 

5.      Cemetery/columbarium/mausoleum: $855.00

 

6.      Check-cashing, short-term loan/title loan establishment: $1,502.00

 

7.      College/university: $855.00

 

8.      Community center: $389.00

 

9.      Community supported agriculture: $100.00

 

10.  Crematory: $855.00

 

11.  Day care (home & family): $596.00

 

12.  Day care (11-20 children) (group): $596.00

 

13.  Day care center (21+): $829.00

 

14.  Day labor employment agency: $829.00

 

15.  Demolition debris landfill: $1,502.00

 

16.  Detention and correctional facility: $1,502.00

 

17.  Drive-thru facility: $855.00

 

18.  Entertainment and spectator sports: $855.00

 

19.  Entertainment: small venue (1-149 capacity): $466.00

 

20.  Entertainment: medium venue (150-499 capacity): $855.00

 

21.  Entertainment: large venue (500 + capacity): $1,502.00

 

22.  Entertainment: outdoor (all sizes): $1,502.00

 

23.  Financial services (except check-cashing and pawn shops): $829.00

 

24.  Gasoline and fuel Sales: $855.00

 

25.  Group living: $596.00

 

26.  Heavy equipment sales/rental: $855.00

 

27.  Historic landmark (reuse of officially designated historic landmark, local or national): $207.00

 

28.  Hospital: $855.00

 

29.  Hotel/motel: $855.00

 

30.  Household living: $855.00

 

31.  Junk/Salvage yard: $1,502.00

 

32.  Library/Museum/Cultural Exhibit: $389.00

 

33.  Light equipment sales/rental (indoor): $855.00 

 

34.  Light equipment sales/rental (outdoor): $1,502.00

 

35.  Manufacturing, production, and industrial service – limited: $1,502.00

 

36.  Manufacturing, production, and industrial service – general: $1,502.00

 

37.  Mining and quarrying: $1,502.00

 

38.  Motor vehicle repair limited: $855.00

 

39.  Motor vehicle repair general: $855.00

 

40.  Neighborhood-serving retail: $855.00

 

41.  Nursing home: $829.00

 

42.  Office, administrative, professional or general: $855.00

 

43.  Park/recreation: $466.00

 

44.  Parking, non-accessory: $855.00

 

45.  Pawn shop: $1,502.00

 

46.  Recreation vehicle park: $1,502.00

 

47.  Recycling service – limited: $1,502.00

 

48.  Recycling service – general: $1,502.00

 

49.  Religious assembly: $389.00

 

50.  Repair or laundry service, consumer: $855.00

 

51.  Residential storage warehouse: $855.00

 

52.  Safety service (except for police and fire station): $855.00

 

53.  School: $389.00

 

54.  Short Term Rental: $596.00 

 

55.  Signs: $337.00

 

56.  Solid waste separation facility: $1,502.00

 

57.  Sports and recreation, participant (indoor): $855.00

 

58.  Sports and recreation, participant (outdoor): $1,502.00

 

59.  Stable: $829.00

 

60.  Tavern or nightclub: $855.00

 

61.  Transfer station: $1,502.00

 

62.  Undertaking: $855.00

 

63.  Utilities and services (except basic, minor): $855.00

 

64.  Vehicle sales and service: $855.00

 

65.  Vehicle storage/towing: $1,502.00

 

66.  Warehousing, wholesaling, freight movement – indoor: $855.00

 

67.  Warehousing, wholesaling, freight movement – outdoor: $1,502.00

 

68.  Waste related use: $1,502.00

 

69.  All other uses: $855.00

 

3.    Administrative fees 

a.       Minor amendment to an approved development plan: 

1.  Residential: $233.00 plus $4.00 per dwelling unit, not to exceed $648.00

 

2.    Nonresidential: $233.00 plus $93.00 per acre or fraction thereof, not to exceed $648.00

 

b.      Administrative adjustment: $259.00

 

c.       Administrative approval: $259.00

 

d.      Request for continuance by the applicant: $130.00

 

e.       Short Term Rental:

1.   Administrative approval: $259.00

 

2.   Special Use Permit: $596.00

 

3.   First year registration: $275.00 (if administrative approval or special use permit not required, as those fees include first year registration)

 

4.   Annual renewal of registration: $175.00

 

4.  The city plan commission and the board of zoning adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

 

5.  Transcripts on appeal to circuit court. Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment.

 

6.   The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.



 

88-805-02-A.    HOUSEHOLD LIVING

Residential occupancy of a dwelling unit by a household with tenancy arranged on a basis of 30 consecutive days or more.

 

 

 

88-810-698 HOST

The owner, operator, corporation, agent, or other authorized representative facilitating the rental of a short term rental property or unit.

 

88-810-728 LODGER

One who, by agreement with the owner of a property, acquires no interest or possession therein but only the right to occupy a room or rooms that remain in the owner's legal possession and who dwells in common with the family.

 

88-810-1445 REVOCATION

The repeal of a permit or designation through the procedures outlined within this chapter.

 

88-810-1580 SHORT TERM RENTAL

A short-term rental is the rental of a property, a dwelling unit, or portion thereof for a period of less than 30 consecutive days. (See 88-321)

 

88-810-1581 SHORT TERM RENTAL INTERMEDIARY

A marketplace or network that facilitates the listing, marketing, or rental of a short term rental on a site, also referred to as a platform.

 

88-810-2160 SUSPENSION

The temporary prohibition of a use permitted by this chapter. Failure to cure conditions leading to the suspension may result in revocation.

 

Section 2. That this ordinance shall become effective May 8, 2018. A property owner or resident host operating a short-term rental without the approvals required by this ordinance will be subject to enforcement action beginning August 8, 2018 if the owner or resident host has not submitted an application for approval prior to August 8, 2018.

 

Section 3. That this ordinance shall be reviewed by the City Plan Commission and City Council one year after the effective date, and the City Plan Commission shall make its recommendations to the City Council regarding any changes to the ordinance.

 

_____________________________________________

 


 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Deputy City Attorney