Public Notices

(Published in the Lawrence Daily Journal- World on April 26, 2024) RESOLUTION NO. 24-08 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS ADOPTING TEXT AMENDMENTS TO THE ZONING REGULATIONS FOR THE UNINCORPORATED TERRITORY OF DOUGLAS COUNTY, KANSAS. WHEREAS, the Lawrence-Douglas County Planning Commission, after holding a public hearing on March 25, 2024, following due and lawful notice pursuant to K.S.A. 12-757 and the Zoning and Land Use Regulations for the Unincorporated Territory of Douglas County, Kansas , as codified in Chapter 12, Article 3 of the Douglas County Code and as amended (the “Zoning Regulations”), has recommended that the Board of County Commissioners of Douglas County, Kansas (the “Board”) make text amendments to the Zoning Regulations, the nature and description of such change being fully set forth below; and WHEREAS, on April 17, 2024 the Board found that the Zoning Regulations should be amended to add use specific standards for the Vacation Rental use and establish an administrative review/approval process. NOW , THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS AS FOLLOWS: I. Adoption of Text Amendments . The Board hereby finds that the statutory provisions for the amendment of the Zoning Regulations have been fully complied with and hereby adopts the following text amendments (the “Text Amendments”) amending the Zoning Regulations as follows: A. Amend Section 12-306 Use Specific Standards to add subsection 50: 12-306-50 VACATION RENTAL These regulations are intended to 1) provide for the efficient processing of Vacation Rental applications and 2) establish standards to ensure permitted Vacation Rentals are compatible with adjacent land uses and do not negatively impact the public health, safety, and welfare. 12-306-50.01 Review Process a. Proposed Vacation Rentals satisfying the criteria stated in Section 12-306-50.03 may be processed administratively through registration with the Zoning and Codes Office. b. Proposed Vacation Rentals not satisfying the criteria stated in Section 12-306-50.03 require Board of County Commission consideration and action through the conditional use permit process outlined in Section 12-307-2. c. Any proposed Vacation Rental providing sleeping spaces in yurts, tents, or other habitations that do not constitute “dwellings,” as defined in Section 12-315, shall be considered as an Agritourism or Campground use. 12-306-50.02 Vacation Rental Standards The following standards apply to all permitted Vacation Rentals: a. No individual person, married couple, or entity shall, either directly or indirectly, own, own in-part, operate, or register more than 3 Vacation Rentals in the unincorporated territory of Douglas County at any one time. b. No more than one Vacation Rental may be registered in a single dwelling. c. The Vacation Rental shall not cause a nuisance to the public. The regulations set forth in Chapter 7 of the County Code: “Nuisances” shall be maintained. d. The Vacation Rental ingress/egress on the adjacent road(s) must be sufficient, as determined by Douglas County Public Works. e. Adequate parking for the Vacation Rental use shall be provided on the property. Parking for the Vacation Rental may not occur within the public right-of-way. f. An operator or property manager must be designated for the Vacation Rental. 1) The operator or property manager must be accessible and able to promptly respond to concerns or complaints any time of day or night while the unit is being rented. 2) The operator or property manager must live within 40 miles of the Vacation Rental. g. The Vacation Rental may not be used for activities that require a special event permit pursuant to the requirements of Section 12-306-40.3, except with prior approval of such a permit. h. The Vacation Rental must pass a life-safety inspection conducted by the Douglas County Zoning and Codes Department. Such inspection shall be directed to ensure the Vacation Rental is suitable for opening the unit to the general public for overnight stays, and to confirm the property is in compliance with all applicable County regulations. i. The Vacation Rental shall maintain compliance with all applicable local, state, and federal laws and regulations. 12-306-50.03 Criteria for Administrative Registration/Renewal Vacation Rental registrations and renewals may be processed administratively by the Zoning and Codes Director, provided the following criteria are satisfied: a. No more than one Vacation Rental is proposed on an eligible parcel; b. The proposed Vacation Rental does not have characteristics that the Zoning and Codes Director determines would likely constitute a nuisance; and c. The applicant and proposed Vacation Rental satisfy all other terms and conditions of Section 12-306. 12-306-50.04 Registration a. Each permitted Vacation Rental must be registered individually with the Douglas County Zoning and Codes Office prior to operation. b. Subject to the terms and conditions of Section 12-306, the registration is valid for two years and must be renewed by the applicant. c. Registration is not transferable to any other party and shall expire upon transfer of ownership. d. A registration fee shall be required as established by a resolution of the Board of County Commissioners. 12-306-50.05 Registration Process a. Pre-application meeting . A pre-application meeting with the Douglas County Zoning and Codes staff is required prior to the submission of a registration application. b. Neighbor Notification . At least 14 days prior to submission of a registration application, the applicant shall notify all property owners within 1,000 feet of the proposed Vacation Rental. Applicant shall obtain the names and addresses of such property owners from the Douglas County Clerk’s Office. The notice shall contain the following information, at a minimum: Dear Property Owner, This letter serves as notice of my intention to apply for a Vacation Rental registration with the Douglas County Zoning and Codes Department. The Vacation Rental will consist of (entire house, portion of house, or accessory dwelling unit) located at (address). The total number of guests will be limited to (number adults). If you have any concerns or questions please reach out to (name) the property manager or operator at (contact info). For information on the registration process or for additional information please contact the Douglas County Zoning and Codes Department at zoning@douglascountyks.org , or 785-331-1343. c. Application . The applicant shall provide the following information on an application form made available by the Zoning and Codes Office: 1) Address of the proposed Vacation Rental (if property is unaddressed, provide the general location); 2) Property owner’s name, physical address, mailing address, email address, and phone number; 3) Operator’s or property manager’s name, physical address, mailing address, email address, and phone number; 4) The maximum number of guests who may be advertised as permitted to stay, or would be permitted to stay, at the proposed Vacation Rental; and 5) The number of bedrooms or sleeping quarters in the proposed Vacation Rental. d. Additional Materials . The following materials shall be provided with the registration application: 1) A site plan detailing the location of the proposed Vacation Rental, its location, number and dimensions of parking spaces, proposed lighting, location of sanitation facilities, and any other information deemed necessary by the Zoning and Codes Director; 2) A copy of the notification letter and the 1000-foot property owner list from the Douglas County Clerk’s Office shall be provided with the application along with a mailing certification form, signed by the applicant; and 3) An owner authorization form signed by the owner of the proposed Vacation Rental, if the applicant is not the property owner. e. Review . The requested registration certificate shall be issued only when: 1) The Director of Zoning and Codes determines that all requirements, standards, and criteria outlined in this section and all other applicable rules and regulations have been satisfied; and 2) The proposed Vacation Rental passes a life-safety inspection performed by the Douglas County Zoning and Codes Department. 12-306-50.06 Conditions and Revocation of Registration a. The Director of Zoning and Codes may place conditions of approval/restrictions of use on the proposed Vacation Rental. b. Should any of the conditions of approval/restrictions of use or any standards in Section 12-306 be violated, the Director of Zoning and Codes may suspend the registration until the use is brought into compliance or may revoke the registration. 12-306-50.07 Appeal Appeal of the Zoning and Codes Director’s determination(s) concerning a Vacation Rental application or registration may be taken to the Douglas County Board of Zoning Appeals, through the process outlined in Section 12-307-8. B. Amend Section 12-304-3 Permitted Use Table 12-304-3 PERMITTED USE TABLE C. Amend Section 12-306-1 Accessory Dwelling Units by deleting the following: 12-306-1.04 Standards that apply to all Accessory Dwelling Units k. The accessory dwelling unit shall not be used as a short-term lodging use such as a bed & breakfast. D. Amend Section 12-315. Definitions as follows: VACATION RENTAL: Any dwelling or portion thereof that is available for use or is used for accommodations or lodging of guests paying a fee or other compensation for periods of less than 30 consecutive days and for which a fee or other compensation is paid for such use. II. Addition to the Zoning Regulations . The Text Amendments made by this Resolution shall be as a supplement to the Zoning Regulations, as codified in Chapter 12, Article 3 of the Douglas County Code. III. Invalidity . If any section, clause, sentence or phrase of Resolution of the Text Amendments adopted hereby 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 Resolution or the Text Amendments adopted hereby, as the case may be. IV. Repeal . The Zoning Regulations heretofore adopted that are in conflict with this Text Amendments are amended, repealed, or replaced, as the case may be, to be consistent with the Text Amendments adopted hereby. V. Effective Date . This Resolution shall be in full force and effect from and after its adoption by the Board and its publication once in the official County newspaper. ADOPTED this 17th day of April, 2024. BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS Karen Willey, Chair Shannon Reid, Vice Chair Patrick Kelly, Member ATTEST: Jameson D. Shew, County Clerk ________

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