ORDINANCE NO. 9658

SPECIAL USE PERMIT NO. SUP-18-00611

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, GRANTING A SPECIAL USE PERMIT FOR SHORT-TERM RENTAL USE ON THAT REAL PROPERTY, COMMONLY KNOWN AS 1321 NEW HAMPSHIRE STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. In accordance with City of Lawrence, Kan., Code §§ 20-1306 and 20-1307(c)(2)  (Jan. 1, 2018), as amended, the Governing Body of the City of Lawrence, Kansas, hereby grants to the owner/applicant Special Use Permit, No. SUP-18-00611 for that real property, commonly known as 1321 New Hampshire Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

Lots 173 and 175 on New Hampshire Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas.

permitting that real property to have that special use set forth in Section 2, infra, subject to the conditions established in Section 3, infra.

SECTION 2. The City hereafter permits the subject real property, as granted in Section 1, supra, in accordance with Special Use Permit, No. SUP-18-00611, to have the following special use: Short-Term Rental.

SECTION 3. The Special Use Permit granted in Section 1, supra, and the permitted special use described in Section 2, supra, are subject to the general conditions established in Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, and is also subject to the following conditions:

(a)        Pursuant to Section 20-554(3)(i) of the City Code, all properties containing a Short-Term Rental Use shall comply with the occupancy limits of the zoning district in which the property is located. The subject property is zoned RS5 (Single-Dwelling Residential) District, which allows a maximum number of 3 unrelated occupants per dwelling unit.

(b)       Pursuant to Section 20-901 of the City Code, the maximum number of available guest rooms associated with the non-owner occupied Short-Term Rental use may not exceed the number of off-street vehicle parking spaces available on the property. The off-street parking available for the subject property is 4 spaces; therefore, the maximum number of guest rooms that may be rented on a short-term basis is 4.

(c)        Pursuant to Section 20-554(3)(iii) of the City Code, the dwelling unit and site shall remain residential in appearance and characteristics. Internal or external changes that will make the dwelling unit and site appear less residential in character or function are prohibited. Examples of such prohibited alterations include, but are not limited to: construction of parking lots, paving of required setbacks, or the addition of commercial-like exterior lighting.

(d)       Pursuant to Section 6-13A04(a) of the City Code, a short-term rental license is required to be obtained annually from the Planning and Development Services Department. If the short-term rental license lapses for a period more than 12 consecutive months, then the special use permit will be assumed to be abandoned. Reinstatement of the use will require review and approval of a new special use permit application.

SECTION 4. Failure of the applicant, owner, or any successor or assign to abide by the requirements of Chapter 20 of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, the requirements of Chapter 6, Article 13A of the Code of the City of Lawrence, Kansas, 2018 Edition, as amended, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-18-00611, in accordance with City of Lawrence, Kan., Code § 20-1605 (Jan. 1, 2018), as amended.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 6.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _______ day of March, 2019.

 APPROVED:

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Lisa Larsen

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney