ORDINANCE NO. 9644

SPECIAL USE PERMIT NO. SUP-18-00565

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 888 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-18-00565, for that real property, commonly known as 888 New Hampshire Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

Lots 60, 62, 64, 66 & 68 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-18-00565, 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, as amended, 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 CD-UC (Downtown Commercial with Conservation Overlay) District, which allows a maximum number of 4 unrelated occupants per dwelling unit. The Special Use Permit is for Units #208, #209 and #216.

(b)       Pursuant to Section 20-901 of the City Code, as amended, 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. Off-street parking is not required in the CD district under Section 20-901(f) of the City Code, as amended. Therefore, the maximum number of guestrooms that may be rented at the subject property on a short-term basis is not limited by parking.

(c)        Pursuant to Section 20-554(3)(iii) of the City Code, as amended, 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, as amended, 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 exceeding 12 consecutive months, then the special use permit will be deemed 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, or the special conditions established in Section 3, supra, shall be cause for the City to revoke Special Use Permit, No. SUP-18-00556, 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:

___________________________________

Lisa Larsen

Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney