§ 88-585-05. HISTORIC PRESERVATION COMMISSION REVIEW AND APPROVAL

88-585-05-A. NOTICE OF HEARING

1.

REQUIRED NEWSPAPER NOTICE

Notice of required public hearings on applications for certificates of appropriateness must be published in the newspaper at least 7 days before the date of the public hearing. See 88-505-07.

2.

REQUIRED MAILED NOTICE

Mailed notice must be provided to the subject property owner, any registered neighborhood organization, and/or registered civic organization whose boundaries include the subject property, and to all owners of property within 300 feet of the subject property. See 88-505-07.

3.

COURTESY POSTED NOTICE

Applicants are responsible for providing additional courtesy notice to interested parties by posting a sign on the subject property visible from each abutting public right-of-way. Signs must be posted by the applicant at least 15 days before the public hearing.

88-585-05-B. HEARING AND FINAL DECISION

1.

The historic preservation commission must hold at least one public hearing on all certificate of appropriateness requests that are not eligible for staff approval. Following the close of the hearing, the historic preservation commission must act, by simple majority vote, to approve or deny the certificate of appropriateness.

2.

In the event of a tie vote or the inability of the historic preservation commission to act on an application under this section, the certificate of appropriateness application will be deemed to have been denied.

3.

The historic preservation commission must enter its order and record in writing its decision and the facts upon which its decision was based. An order of approval must describe in detail the work that was approved, the approved materials, and the approved manner of carrying out the work.

4.

The decision of the historic preservation commission will be considered the final administrative decision of the city 30 days after the date of the historic preservation commission's decision unless a request for rehearing is granted as provided in 88-585-05-C. The decision to deny an application for a rehearing or, if an application for rehearing is granted, the decision following the reheard application will be the final administrative decision of the city on the date of the historic preservation commission's decision.

5.

The method of appeal for applicants who have been denied a certificate of appropriateness shall be through judicial review as provided by RSMo. Chapter 536.

88-585-05-C. REHEARING

The historic preservation commission may grant a rehearing if the rehearing request includes new evidence to be presented that was not available at the time of the original hearing. The request for a rehearing must be made within 30 days of the date of the historic preservation commission's original action. No more than one rehearing is permitted.

88-585-05-D. DECISION-MAKING CRITERIA

1.

The historic preservation commission or its authorized staff may approve a certificate of appropriateness if either finds that:

a.

the changes proposed are such as not to be visible from any public place; or

b.

the changes are not detrimental to the architectural, cultural, historic or textural character of other improvements of the real property designated as historic landmarks or historic district.

2.

The historic preservation commission may deny a certificate of appropriateness if it finds that proposed changes are detrimental to the architectural, cultural, historic, or textural character of the real property designated as an historic landmark or in an historic district.

3.

Factors to be considered in review of applications for certificates of appropriateness are as follows:

a.

In determining whether the changes proposed are detrimental to the architectural, cultural, historic, or textural character of the real property designated as historic landmarks or historic district, or of other improvements, the historic preservation commission or the staff, as appropriate, must consider whether the proposed changes are in accordance with the U.S. Secretary of the Interior's Standards for Rehabilitation.

b.

In considering whether the erection of any sign should be permitted, the historic preservation commission or staff, as appropriate, must determine whether the placement, size, texture, style, and materials are compatible with the historic landmark or district.

c.

In reviewing the application, the historic preservation commission or staff, as appropriate, must determine whether the work proposed is visible from any public place or right of way. This determination may be implied from the evidence presented at the hearing.

88-585-05-E. EFFECT OF DENIAL

If a certificate of appropriateness is denied, no building permit may be issued and no other work for which a certificate of appropriateness is required may be undertaken for a period of 36 months after the date that the application is denied. At the end of 18 of the 36 months, the applicant may apply to the commission to request a reconsideration of the denial of a certificate of appropriateness or a certificate of economic hardship if the request includes new evidence to be presented that was not available at the time of the original hearing in order for the commission to make a determination if the denial should continue for the remaining 18 months.

88-585-05-F. CERTIFICATE OF ECONOMIC HARDSHIP

1.

Consideration of an application for a certificate of economic hardship:

a.

Upon denial of a certificate of appropriateness seeking a demolition or seeking approval for a project which does not meet the design guidelines of the commission due to material or design, an applicant may apply for a certificate of economic hardship. Proof of economic hardship shall be the burden of the property owner and any finding in support of economic hardship shall be based solely on the hardship of the property, not circumstances personal to the property owner.

b.

Consideration of an application for a certificate of economic hardship may be made only after a certificate of appropriateness has been denied.

c.

The application for a certificate of economic hardship must be filed within 30 days of the date of the commission's original action to deny a certificate of appropriateness or, if the applicant timely requested a rehearing pursuant to this ordinance, within 30 days of either the denial of the rehearing request or upon the denial of the certificate of appropriateness if the request for rehearing is granted and the certificate of appropriateness is again denied. The commission must hold a public hearing on the proposed certificate of economic hardship within 45 days of receipt of the application and must render a decision concerning the merits of the application within 90 days of the receipt of the application, which may be extended with the consent of the applicant.

2.

Finding of economic hardship. The commission shall issue a certificate of economic hardship if the applicant proves:

a.

For income-producing property, that a reasonable economic return cannot be obtained or that it is impractical to sell or lease the property or no market exists for it at a reasonable price if the property retains its historic features or structures in either its present condition or if its features or structures are rehabilitated; or

b.

For non-income-producing property, such as owner-occupied dwellings or properties owned by institutional, nonprofit organizations or public entities, that the value of the work that meets the Secretary of Interior's Standards for Rehabilitation would be an unreasonable investment based on the overall value of the property in its present condition or if rehabilitated.

3.

Evidence of economic hardship. The commission may solicit expert testimony or require that the applicant for a certificate of economic hardship make submissions concerning any or all of the following information before it makes a determination on the application or as defined in the rules and regulations of the historic preservation commission:

a.

Current level of economic return:

i.

Amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

ii.

If the property is income-producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses, and depreciation for the previous two (2) years; and annual cash flow before and after debt service, if any, during the same period;

iii.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

iv.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

v.

Assessed value of the property according to the two (2) most recent assessments;

vi.

Real estate taxes for the previous two (2) years;

vii.

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other.

b.

Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:

i.

Any real estate broker or firm engaged to sell or lease the property;

ii.

Reasonableness of price or rent sought by the applicant;

iii.

Any advertisements placed for the sale or rent of the property.

c.

Feasibility of alternative uses for the property that could earn a reasonable economic return such as:

i.

A report from a licensed engineer or architect with experience in rehabilitation of historic buildings as to the structural soundness of any structures on the property and their suitability for rehabilitation;

ii.

An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the design standards necessary for the issuance of a certificate of appropriateness;

iii.

Estimated market value of the property (a) in its current condition; (b) after completion of the proposed construction, alteration, demolition, or removal; and (c) as it would be if in conformance with the Secretary of the Interior's Standards for Rehabilitation;

iv.

In the case of a proposed demolition, an estimate from a developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation of historic buildings as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

d.

Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property as may be evidenced through submission of publicly accessible records such as, but not limited to, property maintenance code violations pursuant to Chapter 56 of the Kansas City Code of Ordinances or applications to public entities and commissions.

e.

Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

f.

A financial analysis of the property from an independent third party if the project costs exceeds an amount defined in the rules and regulations of the historic preservation commission. Such analysis will be conducted at the expense of the applicant.

g.

Information about proposed plans prepared for the property, if a building or structure is demolished, including information on the timing and financing of the new construction; and,

h.

Estimated cost for mothballing the property in accordance with the standards established by the National Park Service if the application for a certificate of economic hardship is denied.

i.

Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield a reasonable economic return to the owner.

4.

Judicial review of decision of the historic preservation commission. The method of appeal for applicants who have been denied a certificate of economic hardship shall be through judicial review as provided by RSMo. Chapter 536.

88-585-05-G. LAPSE OF APPROVAL

1.

An approved certificate of appropriateness will lapse and have no further effect 2 years after its approval unless:

a.

a building permit has been issued and construction diligently pursued;

b.

a certificate of occupancy has been issued; or

c.

the building or use is established; or

d.

the historic preservation commission extends the expiration period by no more than one year upon the request of the applicant.

2.

A certificate of appropriateness also lapses upon revocation of a building permit for violations of conditions of approval.

(Ord. No. 130814, § A, 5-1-2014; Ord. No. 160533 , § 1, 7-28-2016)