Kan. Admin. Regs. § 110-11-1

Current through Register Vol. 43, No. 49, December 5, 2024

Section 110-11-1 - Definitions

As used in these regulations and for purposes of administering the act, the following terms shall have the meanings specified in this regulation:

(a) "Act" means the Kansas downtown redevelopment act, L. 2004, ch. 112, §§ 81 through 85, and amendments thereto.

(b) "Commercial, office, residential and public use," as that term is used in the definition of "core commercial district" in L. 2004, ch. 112, § 82(b) and amendments thereto, shall include hotels, motels, bed and breakfasts, banks, office buildings, railroad stations, public dining facilities, retail establishments, and public buildings that occupy a collective and facing frontage on one side or both sides of a street within the core commercial district.

(c) "Compact" means that the commercial, office, residential, and public structures within a proposed redevelopment area are contiguous with each other.

(d) "Department" means the department of commerce.

(e) "Investment in improvements to the real property or trade fixtures" of a structure means rehabilitation expenditures.

(f) "Rehabilitation expenditures" and "approved rehabilitation expenditures" mean investments by structure owners that are consistent with the department's "downtown redevelopment guidelines" for the physical improvement of compact commercial, office, residential, and public use structures within a core commercial district. The department's "downtown redevelopment guidelines," as in effect on July 1, 2004, are hereby adopted by reference.

(g) "Residential housing" means structures within a core commercial district once used for hotels, motels, bed and breakfasts, and upstairs apartments within these structures.

(h) "Secretary" means the secretary of the department of commerce.

(i) "Trade fixtures" means machinery and equipment, communication equipment, and office equipment that can be removed from a structure without jeopardizing the structural integrity.

(j) "Unincorporated area of a county" means the portion of a county that is no longer an incorporated city but where there remains a historic or recognizable core commercial district.

(k)

(1) "Vacancy rate" means the square footage of properties within a core commercial district that currently is not utilized for commercial, office, residential or public use, expressed as a percentage of the aggregate properties' total square footage utilized for commercial, office, residential and public use. This term shall not include square footage devoted solely to storage or warehouse usage if the property owner is compensated by another for the use of the storage or warehousing square footage.

(2) The vacancy rate shall be determined by dividing the aggregate square footage of commercial, office, residential, and public use structures in the redevelopment area, excluding square footage devoted solely to storage or warehousing for a fee, that is not being utilized for ongoing business activities by the aggregate square footage of commercial, office, residential, and public use structures in the redevelopment area, including square footage devoted solely to storage or warehousing for a fee.

Kan. Admin. Regs. § 110-11-1

Authorized by L. 2004, ch. 183, § 7; implementing L. 2004, ch. 112, §§ 81, 82, 83, and 84; effective April 22, 2005.