Overview: Are Short-Term Rentals Allowed in Andover, KS?

Short-term rentals are allowed in Andover, Kansas, but only through a special use permit process. Unlike many cities that have outright prohibitions or comprehensive STR regulations, Andover treats short-term rentals as a conditional use that requires approval from the City Planning Commission and governing body. This means investors cannot automatically operate an STR; instead, they must apply for and receive special use approval for each property they wish to operate as a short-term rental.

The city has explicitly approved short-term rentals in specific residential zoning districts through individual ordinances, demonstrating that STRs are permissible when authorized through the proper channels.

How to Start a Short-Term Rental Business in Andover

Starting an STR business in Andover requires a structured approach through the city's special use permit process:

1. Pre-Application Phase

• Zoning Verification: Confirm your target property is in a zoning district that permits short-term rentals as a special use
• Property Assessment: Evaluate the property's suitability for STR operation
• Neighborhood Compatibility: Consider potential impacts on surrounding residential areas

2. Special Use Permit Application Process

• Submit Formal Application: File a special use permit application with the Planning Department
• Site Plan Review: Provide detailed site plans showing property layout, parking, and access
• Public Notification: The city will notify adjacent property owners of the proposed use
• Planning Commission Review: Present your case to the Planning Commission
• City Council Approval: Final approval requires action by the City Governing Body

3. Compliance and Operations

• Permit Conditions: Operate strictly within approved conditions and restrictions
• Ongoing Monitoring: Maintain compliance with all city codes and regulations
• Record Keeping: Maintain records for city inspections and renewals

Required Documents, Permits, Licenses, and Guidelines

Special Use Permit Requirements

• Special Use Application Form: Official city application with property and owner information
• Site Plan: Detailed site plan showing all structures, parking areas, access points, and property boundaries
• Narrative Statement: Description of the proposed short-term rental operation, including:
  • Expected number of guests
  • Length of stays
  • On-site management plans
  • Parking arrangements
  • Noise mitigation measures
• Property Ownership Documentation: Deed or other proof of ownership
• Application Fee: Payment of required city fees

Additional Documentation

• Building Compliance: Proof that the property meets all building and fire codes
• Insurance Documentation: Liability insurance appropriate for STR operations
• Tax Registration: If collecting transient guest taxes, proper tax registration with the state

Licensing Requirements

• Business License: General business license if required by city code
• Special Use Permit: The primary permit authorizing STR operation
• State Sales Tax Registration: Required if collecting and remitting state sales tax

Specific Regulations for Short-Term Rentals

Zoning Districts Where STRs Are Allowed

Based on the ordinances reviewed, short-term rentals have been specifically approved in:

SF-2 Single Family Residential/Medium Density District

• One approved case at 321 W. Concord Court (Ordinance 1923)
• Requires special use approval

SF-3 Single Family Residential/Zero Lot Line District

• One approved case at 855 N. Speyside (Ordinance 1900)
• Requires special use approval

MF-1 Single-Family & Two-Family Residential District

• One approved case at 513 W. Allison (Ordinance 1861)
• Includes specific reference to Airbnb, VRBO, Homeaway platforms

Operational Requirements

• Conditional Use Status: STRs operate as conditional uses, meaning they can be revoked if they create problems
• Compliance with Residential Character: Operations must maintain the residential nature of the neighborhood
• Parking Requirements: Adequate off-street parking must be provided for guests
• Noise and Nuisance Standards: Must comply with city noise ordinances and general nuisance regulations

Prohibited Activities

• No Grandfathering: Existing STRs without proper permits are not grandfathered
• Commercial Activity Limitations: Operations cannot generate excessive traffic, noise, or other commercial impacts
• HOA Restrictions: Properties subject to homeowners association rules may face additional restrictions

State and County Regulations

Kansas State Requirements

• Sales Tax Collection: Short-term rentals are subject to Kansas sales tax (currently 6.5% state rate)
• Transient Guest Tax: Butler County may impose additional transient guest taxes
• Business Registration: May require registration with Kansas Department of Revenue

Butler County Considerations

• County Permits: Verify if Butler County requires any additional permits or inspections
• Tax Collection: County transient guest taxes, if applicable
• Zoning Compliance: Ensure property complies with county zoning if outside city limits

Contact Information for Local Authority

City of Andover - Planning Department

Address: 1609 East Central Avenue, Andover, KS 67002 Phone: (316) 733-1303 Fax: (316) 733-4634 Email: Not specifically provided in ordinances, contact main number for department routing Website: www.andoverks.gov/

Office Hours: Monday - Friday, 8:00 AM - 4:30 PM

Key Departments

• Planning Commission: Reviews special use permit applications
• Building Department: Code compliance and inspections
• City Clerk's Office: Permit processing and applications

Application Process Contact

For specific questions about the special use permit process, contact the Planning Department through the main city number (316) 733-1303.

Source Pages and Documentation

Primary City Ordinances Referenced

1. Ordinance 1923 - Special Use for Short-Term Rental at 321 W. Concord Court (SF-2 District)

   • Source: www.andoverks.gov/Archive.aspx?AMID=55

2. Ordinance 1900 - Special Use for Short-Term Rental at 855 N. Speyside (SF-3 District)

   • Source: www.andoverks.gov/Archive.aspx?AMID=55

3. Ordinance 1861 - Special Use for Short-Term Rental at 513 W. Allison (MF-1 District)

   • Source: www.andoverks.gov/Archive.aspx?AMID=55

Additional Regulatory Framework

• City Code Chapter XVIII - Traffic regulations and parking requirements
• Zoning Ordinances - Specific district requirements and allowed uses
• Building and Fire Codes - Property maintenance and safety requirements

Important Note: The Andover Neighborhood Association document referenced in the second URL appears to be from a different jurisdiction (possibly Kentucky) and is not applicable to Andover, Kansas operations.

Investment Considerations

Market Opportunities

• Limited Competition: The special use requirement means fewer STR operators
• Quality Control: The permit process helps ensure professional operators
• Stable Framework: Once approved, permits provide operational stability

Risk Factors

• Permit Denial Risk: No guarantee of special use approval
• Neighborhood Opposition: Public comment periods can generate opposition
• Regulatory Changes: City may modify STR regulations in the future
• HOA Restrictions: Individual property restrictions may limit operations

Due Diligence Recommendations

1. Verify Current Zoning: Confirm property zoning allows for special use consideration
2. Review Permit History: Research any previous STR applications in the area
3. Assess Neighborhood Support: Gauge potential neighborhood response
4. Consult Local Experts: Work with local attorneys familiar with Andover regulations

This regulatory framework provides a clear path for STR investment in Andover, Kansas, but requires careful adherence to the special use permit process and ongoing compliance with approved conditions.