Kan. Admin. Regs. § 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.
Notes
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