ORDINANCE NO. 260400
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Sponsor: Mayor Quinton Lucas
Amending Chapter 56 of the Code of Ordinances, Article V, Dangerous buildings or structures, by repealing and replacing Section 56-539, Permits, to require Historic Preservation Commission review for demolition of historic structures declared dangerous buildings, except in cases of emergency.
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WHEREAS, vacant and deteriorating buildings pose significant risks to public safety, neighborhood stability, and the long-term vitality of Kansas City communities; and
WHEREAS, the City of Kansas City has a compelling interest in preserving its historic structures, which represent irreplaceable cultural, architectural, and economic assets for the city and its residents; and
WHEREAS, current provisions of Chapter 56 exempt buildings declared dangerous from Historic Preservation Commission review prior to demolition, potentially incentivizing property owners to allow historic structures to deteriorate until they qualify for demolition without preservation review; and
WHEREAS, this exemption undermines the City's historic preservation goals and enables a cycle of neglect that contributes to blight, disinvestment, and the permanent loss of historic resources; and
WHEREAS, the Kansas City Historic Preservation Commission and Resolution No. 250912 support upstream interventions to prevent historic structures from deteriorating to the point of dangerous-building designation, including mandatory minimum maintenance standards and mothballing requirements; and
WHEREAS, limiting the dangerous-building demolition exemption to genuine emergencies, where immediate danger to public health, safety, or welfare exists and no reasonable alternative to demolition is available, appropriately balances preservation goals with public safety imperatives; and
WHEREAS, requiring Historic Preservation Commission review prior to demolition of historic landmarks and contributing structures within local historic districts, even where a dangerous-building declaration has been issued, ensures that all reasonable rehabilitation and stabilization alternatives are considered before irreversible demolition occurs; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:
Section 1. That Chapter 56, Code of Ordinances, is hereby amended by repealing Sec. 56-539, Permits, and enacting a new Section 56-539 to read as follows:
Sec. 56-539. - Permits.
(a) Building permits must be obtained in accordance with the city's building code.
(b) No demolition permit shall be issued for any building or structure that is (1) designated as historic on either the U.S. Department of Interior’s National Register of Historic Places or the Kansas City Register of Historic Places; or (2) located within a local historic district without prior review and approval by the historic preservation commission, including in cases where such building has been declared a dangerous building pursuant to this article.
(c) The only exemption from the historic preservation review requirement for demolition permits in subsection (b) of this section shall be in cases of emergency, as defined in section 56-540 of this code, where:
(1) The director or the director's authorized representative determines that immediate action is necessary to protect public health, safety, or welfare; and
(2) No reasonable alternative to demolition exists.
(d) In any case where demolition is authorized pursuant to subsection (c), the director or the director's authorized representative shall:
(1) Prepare written findings documenting the emergency condition and the basis for concluding no reasonable alternative to demolition existed; and
(2) Provide such findings to the historic preservation commission within thirty (30) days following the demolition.
(e) It shall be unlawful for any person, other than the owner, to salvage or cause or allow any other person to salvage a building which has been ordered demolished without first obtaining written authorization of the director or the director's authorized representative.
(f) It shall be unlawful for the owner to salvage or cause or allow any other person to salvage a building which has been ordered demolished once the notice to proceed has been issued to the contractor by the department.
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Approved as to form:
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Bret Kassen
Associate City Attorney