COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140232

Amending Chapter 88, the Zoning and Development Code, Section 88-610-01-E. Certificates of Legal Nonconformance, to revise restrictions as to when an application for a certificate of legal nonconformance must be made. (254-S-289)

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section A. That Chapter 88, Zoning and Development Code, is hereby amended by repealing Section 88-610-01-E. Certificates of Legal Nonconformance, and replacing said section with a new section of like number and title, said section to read as follows:

88-610-01-E. CERTIFICATES OF LEGAL NONCONFORMANCE

1. A certificate of legal nonconformance must be issued by the city planning and development director upon timely request by a property owner if the city planning and development director determines that a property that does not currently comply with the requirements of this zoning and development code is a nonconformity that was lawfully established prior to the effective date of the city's first adopted zoning ordinance (in 1923) or any amendment thereto that created the nonconformity, and that such nonconformity has not been discontinued under the terms of this article. The certificate must specify the character and extent of the nonconformance.

2. Application for a certificate of legal nonconformance must be made within the following time restrictions or the legal nonconformance will be deemed to be discontinued:

1. The owner of a property made nonconforming by any zoning map amendment after March 31, 1975, must apply for a certificate of legal nonconformance within one year of the date that it became nonconforming.

1. Applications filed after one year has expired may be processed and approved if the applicant provides clear evidence that the building is the original construction, without major additions or alterations, and that it has been in continuous use for its originally intended and lawfully established purpose since it was constructed.

b The owner of a property made nonconforming on or before March 31, 1975 by a zoning map amendment or made nonconforming by a text amendment may apply for a certificate of legal nonconformance at any time.

3. Appeals of the city planning and development director's decision may be taken to the Board of Zoning Adjustment by the applicant or any aggrieved party in accordance with 88-575. If no appeal is taken within 30 days of the date the decision of the city planning and development director is issued, the decision will become final and any certificate of legal nonconformance issued will establish the legality of the nonconforming structure, use, or use of open land.

1. On appeal, the Board may waive the one year requirement in 2 (a), above for a nonconforming structure or use if it finds the following:

1. That approving the certificate will not result in a use that is out of character or incompatible with the surrounding neighborhood; and

2.      That not approving the certificate would create a hardship for the current owner of the nonconforming property.

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Approved as to form and legality:

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M. Margaret Sheahan Moran

Assistant City Attorney