§ 2.12.1024.1. Review of demolition and moving permits—Undesignated Historic Resources.

An application to the Office of Central Inspection for a demolition or moving permit shall require notification to preservation staff if the permit is for property approved by the City Council as an Undesignated Historic Resource. The following procedure applies:

(a)

Within fifteen days of receipt of the application by the Office of Central Inspection, a written notice shall be sent by certified mail to the owner or owners of such building, site or structure. The notice shall describe the property including its location and boundaries, justification of its historic or architectural significance, and statement of interim controls as provided in subsection (c). The notice shall also be delivered to the Office of Central Inspection with acknowledgment of receipt by the Superintendent of Central Inspection required.

(b)

Immediate but temporary interim controls, as provided in subsection (c) below, prohibiting any alteration or demolition, may be placed by the preservation planner on any building, site or structure that is identified in the preservation plan as an Undesignated Historic Resource and for which a notice of interim control has been mailed, until effective evaluation of the building, site or structure can be made, provided that the interim period does not exceed thirty days. This thirty-day period may be extended by resolution of City Council but in no event may the interim control period exceed one hundred eighty days.

(c)

The Office of Central Inspection is prohibited from issuing any permit for any building, site or structure upon which interim control has been placed unless the Superintendent of Central Inspection or his designee certifies to the preservation planner that such permit is necessary due to emergency public safety reasons, or the demolition is approved by the preservation planner.

(d)

The preservation planner shall, in the case of an Undesignated Historic Resource, work with the owner of the property to provide alternatives to demolition, or if demolition is the conclusive alternative, staff shall document or cause to be documented the resource with photographs, and/or measured drawings.

(e)

If in the interim period, the Undesignated Historic Resource becomes listed on the Wichita Register of Historic Places pursuant to this subsection and Sections 2.12.1019, 2.12.1019.2 and 2.12.1021 and a permit application to demolish or move is sought, the procedure in Section 2.12.1024 shall apply.

(f)

Any person applying for a demolition permit, affected by the provisions of this section and who is aggrieved thereby, may request and shall be granted an informal hearing on the matter before the Director of Planning. Such person shall file in the office of the Director of Planning, a written request for an informal hearing and setting forth a brief statement of the grounds there for, within ten days after the day of the decision complained of. Upon receipt of such petition, the Director of Planning shall set a time and place for such informal hearing and shall give the petitioner written notice thereof. At such informal hearing, the petitioner shall be given an opportunity to be heard and to show why the determination of preservation planner should be modified or withdrawn. The informal hearing shall be commenced not later than five business days after the day on which the petition was filed. Upon application of the petitioner, the Planning Director may postpone the date of the informal hearing for a reasonable time beyond such five day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.

(g)

The Director of Planning shall notify the individual of his or her decision in writing, stating the reasons such decision. Service of the decision shall be by certified mail, return receipt requested. Service of process by certified mail shall be considered obtained upon the delivery of the certified mail envelope.

(h)

Any person dissatisfied with any order or determination of the Director of Planning made under his or her authority pursuant to this section may appeal such order or determination to the City Council. An appeal must be filed with the City Clerk no more than ten business days from the date of the written order appealed from. The City Council will hear the appeal at its next regularly scheduled meeting, but in no case, not later than thirty days from the filing of such appeal.

(Ord. No. 41-921 § 14; Ord. No. 48-301, § 12, 3-24-09)