§ 27-152. Environs review—Prerequisite to building permit.

(a)

Purpose. The purpose of this regulation is to reinforce the policy set in section 27-81 of this Code.

(b)

Definitions. The following definitions control this section:

Administrative determination. A final decision by the director of planning or his/her designee.

Construction. The act of building, adding to or remodeling of a structure.

Development. Any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, grading, filling, paving, excavation or storage of equipment or materials with or without permits.

Environs. The historic property's associated surroundings and the elements or conditions which serve to characterize a specific place, neighborhood, district, or area. More specifically, a 500 foot area surrounding a historic property or district listed on the National Register of Historic Places, the Register of Historic Kansas Places or has obtained designation as a historic landmark or district.

Historically listed property. Historical properties, buildings and sites that are listed on the National Register of Historic Places, the Register of Historic Kansas Places or has obtained designation as a historic landmark or district.

(1)

Environs standard. No demolition, building, right-of-way (emergency permits excluded) or other development permits shall be issued within 500 feet of a historically listed property until it has been determined that the proposed construction and/or development will not damage, destroy or cause serious adverse external impacts to the environs of the historically listed property.

(2)

Environs review will be provided as follows:

Application	Administrative determination	Appeal** (As recommending body)	Appeal** (Final decision)
Environs review	Planning department staff	Landmarks commission	Board of commissioners

 

** If necessary, as a certificate of appropriateness

(3)

Environs review standards. In making a determination concerning the environs of a historically listed property the following standards shall be considered:

a.

The character of a historic property's environs should be retained and preserved. The removal or alteration of distinctive buildings, structures, site or landscape features, spatial relationships, etc. that characterize the environs should be avoided.

b.

The environs of a property should be used as it has been historically or allow the inclusion of new uses that require minimal change to the environs' distinctive materials, architectural features, site characteristics and spatial relationships.

c.

The environs of each property will be recognized as a physical record of its time, place, and use. Changes to the environs that have acquired historic significance in their own right should be retained and preserved.

d.

Demolition of character-defining buildings, structures, site and landscape features, etc. in a historic property's environs should be avoided. When the severity of deterioration requires removal within the environs, compatible reconstruction shall occur. (All demolitions require landmark commission approval.)

e.

Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

f.

New additions, exterior alterations, infill construction, or related new construction should not destroy character-defining features or spatial relationships that characterize the environs of a property. New development shall be compatible with the historic materials, character-defining features, size, scale and proportion, and massing of the environs. New development should not create conditions that increase the discharge of surface water runoff, the need for additional screening, light pollution or similar adverse impacts on adjacent properties.

g.

Moved or relocated historic structures that have not retained or acquired historic significance in their new environs shall be considered as artifacts without environs.

(4)

Responsibility and environs application submission requirements. It is the responsibility of the landowner of a designated and historically registered property or environs to acknowledge these provisions that govern property improvements, intended to protect and preserve them for the benefit of adjacent neighborhoods and the city at large.

All submission for historical environs review are required to have the following:

a.

A letter of explanation that gives a detailed scope of work, the applicant's name, address, phone numbers, and e-mail, along with the name and contact information for the landowner. If applicable, contact information for the architect, engineer, surveyor, planner, and/or contractor.

b.

If applicable, existing site pictures, detail sheets for significant elements, detailed construction or demolition drawings.

c.

Other plans, miscellaneous details and studies as deemed necessary by the director of planning.

d.

Completion of the basic information and pictures needed in the Kansas Historic Resource Inventory for the Kansas State Historic Preservation Office.

(5)

Activities omitted for an environs review. The following activities are omitted from the historical environs review:

a.

Replacement or repair of same size doors and windows. Door replacement should have a similar style to the one being replaced and window glass size cannot be reduced.

b.

Interior remodeling or renovation if proper permits have been obtained.

c.

Roof repair with similar in-kind materials and no expansion of roof area.

d.

In-kind siding repair and replacement.

e.

Landscaping and irrigation, excluding structures.

f.

Signs allowed by code.

g.

Walkways under six feet in width.

h.

Replacement of existing driveways, excluding new or expanded driveways and parking areas.

i.

Other routine maintenance deemed appropriate by the director of planning.

(Ord. No. O-16-14, § 1, 2-27-2014; Ord. No. O-21-15 , § 1, 3-26-2015)