Kansas Administrative Regulations › Agency 110 - KANSAS DEPARTMENT OF COMMERCE › Article 11 - KANSAS DOWNTOWN REDEVELOPMENT ACT › Section 110-11-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
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.