1. Overview – Are Short‑Term Rentals Allowed?

Short‑term rentals are permitted in Ellinwood, but only under specific use classifications and only after receiving a conditional use permit (CUP).

• The City’s Zoning Ordinance (2019) treats STR‑type uses as either a Bed & Breakfast Inn, a Rooming/Lodging House, or a Tourist Home.
• In the R‑1 (Single‑Family) and R‑2/R‑3 (Multi‑Family) residential districts these uses are allowed only as Conditional Uses (CUP).
• No blanket “STR‑as‑a‑principal‑use” permission exists; a property must be rezoned or a CUP must be obtained.

Bottom line: You can operate an STR in Ellinwood, but you must first secure a Conditional Use Permit, meet the occupancy and operational limits imposed by the Zoning Ordinance, and comply with all city, county, and state licensing and tax requirements.

2. Zoning & Use Classification

| Use (as defined in the Ordinance) | Zoning District(s) where it may be allowed | Permit Required | Key Limits | |-----------------------------------|--------------------------------------------|----------------|------------| | Bed & Breakfast Inn (max 5 sleeping rooms, meals may be served) | R‑1 (Conditional Use) | CUP + Building Permit | <ul><li>Maximum 5 sleeping rooms in a residential district.</li><li>Signage ≤ 3 sq ft, affixed to the structure.</li><li>Off‑street parking: 1 space per sleeping room + 1 per employee (see Art. XVII).</li></ul> | | Rooming / Lodging House (3+ guests, meals optional) | R‑1, R‑2, R‑3 (Conditional Use) | CUP + Business License | <ul><li>Maximum 6 adults + 4 children (10 persons total) per definition.</li><li>No more than 3 customers/non‑employees on‑site at any time (home‑occupation rule).</li><li>Hours of operation limited to 7 a.m. – 7 p.m. (if any on‑site staff/customers).</li></ul> | | Tourist Home (dwelling offering overnight accommodations for compensation) | Not expressly listed as a permitted use; typically treated as a Rooming House or Bed & Breakfast for CUP purposes. | CUP (if sought under “Rooming/Lodging House” category) | Same limits as Room‑ing House. | | Hotel / Motel (commercial lodging) | C‑1/C‑2 (Commercial) | Standard commercial use; no CUP needed in commercial zones. | Must meet commercial parking, signage, and fire‑code standards. |

Only the residential‑district options (Bed & Breakfast, Rooming/Lodging House) require a CUP. If you locate the property in a commercial zone (C‑1 or C‑2) you may operate a full‑service hotel‑type STR without a CUP, but you must still meet all commercial zoning, building, and tax requirements.

3. How to Start a Short‑Term Rental Business in Ellinwood

| Step | Action | Authority / Agency | Key Requirements | |------|--------|--------------------|-------------------| | 1. Verify Zoning Eligibility | Confirm the parcel’s zoning district (R‑1, R‑2, R‑3, or C‑1/C‑2). | City Planning Department (Zoning Map) | Property must be in a district that permits the intended STR use (Residential → CUP; Commercial → no CUP). | | 2. Prepare a Conditional Use Permit (CUP) Application | File CUP request for “Bed & Breakfast” or “Rooming/Lodging House” with the Planning Commission. | Planning Commission → Governing Body (City Council) | <ul><li>Completed CUP application form.</li><li>Site plan showing building footprint, parking, setbacks, and entrances.</li><li>Floor‑plan indicating number of sleeping rooms and common areas.</li><li>Statement of operation (occupancy limits, hours, signage, parking plan).</li><li>Proof of ownership or lease.</li></ul> | | 3. Obtain Building Permits (if alterations are required) | Apply for any remodeling, structural, or fire‑life‑safety work. | City Building Department / Building Official | Must comply with the International Residential Code (IRC) and International Building Code (IBC) as adopted by the City. | | 4. Secure a Business License | Register the STR as a lodging business. | City Clerk’s Office (Business License Division) | License fee, proof of CUP approval, proof of insurance, and compliance with health codes (if meals are served). | | 5. Register for Kansas State Taxes | <ul><li>Obtain a Kansas Sales Tax Permit (Form ST‑1).</li><li>Register for Transient Guest Tax (Form RG‑5).</li></ul> | Kansas Department of Revenue (DOR) | Collect & remit state sales tax (6.5 % + any local add‑ons) and the transient guest tax (8 % of room rate). | | 6. Health & Safety Compliance (if meals are provided) | Obtain a food service permit if breakfast or other meals are offered. | Kansas Department of Health & Environment (KDHE) | Must meet all food‑service regulations and pass health inspections. | | 7. Signage, Parking, and Operational Restrictions | Install signage (≤ 3 sq ft, attached to structure). Provide required off‑street parking. | Enforced by Building Official & City Code Enforcement | Off‑street parking = 1