Title 2 - Administration and Personnel

2.14 Business Improvement District

2.14.060 Definitions.

  1. A.

    Business – shall mean any individual, sole proprietorship, corporation, partnership or other organization engaged in the exchange, purchase, sale, provision or manufacturing of any commodities, products or services, including, but not be limited to, the commercial use of property for retailing, business services, personal services, office functions, utilities, manufacturing, warehousing, repair, entertainment, or wholesaling purposes.

The term “Business” shall also include:

    1. 1.
      The ownership of buildings or structures, or parts thereof, which are unoccupied and which are held for investment purposes, and which are or could be offered for sale or lease, excluding residential properties that are owner occupied or which contain 9 or fewer residential units for lease.
    2. 2.
      The ownership of parcels of vacant commercial land or parcels of land where new buildings are under construction but not yet occupied, which is held for investment purposes, for sale or lease, or for development purposes.
    3. 3.
      A multi-unit residential Business, meaning a Business providing residential living space of at least 10 apartments, units or rooms under common ownership. Examples, include, but are not limited to, apartment complexes, condominium complexes, independent and assisted living facilities (such as for the elderly or disabled), nursing homes and similar facilities.

Notwithstanding the above, all property owned or used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall be excluded from the provisions of this ordinance in accordance with K.S.A. 12-1782. Evidence of non-profit status shall include but not be limited to exemption from state property taxes, or designation by the Federal Internal Revenue Service as a Section 501(C) organization.

Effective on: 1/1/1901

  1. B.
    BID Fee shall mean a business improvement service fee assessed on Businesses as established by Section 2.14.030, in the amounts established under by Section 2.14.070, and as administered by Section 2.14.080.

Effective on: 1/1/1901

  1. C.
    District – shall mean the Downtown Business District of the City of Overland Park, Kansas, the boundaries of which are set forth in Section 2.14.010.

Effective on: 1/1/1901

  1. D.
    Services shall mean governmental functions, programs, activities, facilities improvements and other services which the City is authorized to perform or provide, as identified further in Section 2.14.020.

Effective on: 1/1/1901

  1. E.
    Total Building Area - shall mean the gross building area for all buildings on the property as reported by the Johnson County Appraiser, less a 10 percent allowance for common areas and mechanical spaces.  Total Building Area shall not include parking structures.  Where a property contains both commercial and residential business uses, the Total Building Area shall be divided into separate portions for the commercial and residential components as reported by the Johnson County Appraiser.

(History: Ord. BID-3272 §2, 2019; Ord.  BID-3096 §2, 2015; BID-2978 §6, 2012; BIS-1526 §1, 88)

Effective on: 1/1/1901