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[COMMITTEE SUBSTITUTE FOR] ORDINANCE NO. 260400
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Sponsor: Mayor Quinton Lucas
COMMITTEE SUBSTITUTE
Amending Chapter 88 of the Code of Ordinances, the Zoning and Development Code, by repealing and replacing Section 88-585-02, to authorize administrative approval of certificates of appropriateness for orders to repair issued pursuant to Chapters 48 and 56 for historic structures.
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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, property owners who are willing to stabilize and repair historic structures subject to orders to repair issued pursuant to Chapters 48 or 56 may be impeded by the time required to obtain Historic Preservation Commission review prior to commencing such repairs; and
WHEREAS, authorizing the city planning and development director or their designee to issue administrative certificates of appropriateness for repairs ordered pursuant to Chapters 48 or 56, subject to compliance with the U.S. Secretary of the Interior's Standards for Rehabilitation and reporting to the Historic Preservation Commission, will expedite the stabilization of historic structures while maintaining appropriate preservation standards; and
WHEREAS, this administrative approval pathway applies solely to orders to repair and does not extend to orders to demolish; 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, this amendment is consistent with the KC Spirit Playbook Historic Preservation Community Supported Action to strengthen and streamline the historic preservation ordinance, and with Action #9 to ensure the compatibility of new development and discourage the destruction of sound, older buildings in neighborhoods with a cohesive character; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:
Section 1. That Chapter 88, the Zoning and Development Code, is hereby amended by repealing Section 88-585-02, Emergency Repairs, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:
88-585-02 EMERGENCY REPAIRS AND VIOLATIONS OF CHAPTER 48 OR 56
88-585-02-A. If any emergency situation exists, temporary repairs required to prevent imminent damage to a structure may be authorized by the city planning and development director, subject to review by the historic preservation commission.
88-585-02-B. Within 48 hours after the repairs are made, the person making such authorized temporary repairs must notify the city planning and development director. If any work intended to be permanent was performed or is to be performed, a certificate of appropriateness must be obtained in accordance with the procedures of this article.
88-585-02-C. If a structure has been determined to be a dangerous building in an order to repair issued pursuant to chapters 48 or 56 of the Code of Ordinances, including but not limited to an order determining such structure is a dangerous building pursuant to section 56-535 of the code, the city planning and development director or their designee may issue a certificate of appropriateness to correct the violations of Chapters 48 or 56 in a manner that is in accordance with the U.S. Secretary of the Interior's Standards for Rehabilitation without prior review and approval of the historic preservation commission. Such approvals will be reported to the historic preservation commission at their next regularly scheduled meeting. This subsection 88-585-02-C shall not apply to orders to demolish and shall not be construed as authorizing the demolition of a structure without prior review by the historic preservation commission.
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Approved as to form:
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Julian Langenkamp
Associate City Attorney