18.255.060 Local historic landmark or local historic district nomination process.
(a) Nomination. Any owner of an historic asset may nominate such asset as a local historic landmark. Any person may nominate an area within the City as a local historic district in accordance with this section. The applicant shall supply the following information on a form provided by the Planning Department:
(1) A description of the specific historic asset nominated as an historic landmark or a list of specific historic assets located within the proposed district boundaries and a description of the particular importance or value of each historic asset, such description to include the following:
(i) A brief property history, including approximate date of construction, and dates of major alterations, if known;
(ii) Builder and/or architect, if known;
(iii) Architectural style;
(iv) Primary building materials;
(v) Current owner(s) of record; and
(vi) Legal description of each property;
(2) A map showing the boundaries of the proposed local historic landmark or local historic district and the location of each asset of importance or value identified by a number or letter designation;
(3) Sufficient photographs of each historic asset proposed as a local historic landmark or listed within the proposed local historic district;
(4) Written consent to the nomination by all of the owners of record of the proposed local historic landmark. In the event of a contract sale, both the owner of record and the party or parties holding an equitable interest in the property must consent to the nomination; and
(5) For a local historic district, the owners of record of at least 60 percent of the properties within the proposed district shall submit written consents to the nomination. In the event of a contract sale of real property, both the owner of record and party or parties holding an equitable interest in the property must consent to the nomination.
(6) For a local historic district, proposed design review guidelines pursuant to TMC 18.255.090.
(b) Increasing Boundaries – Local Historic District. Applications to increase the boundaries of a local historic district may be considered if one or more of the following conditions are met:
(1) An additional historic asset which relates and is contiguous to the local historic district is requested for inclusion by its property owner; or
(2) Two or more historic assets or local historic landmarks would be included in the expanded local historic district and at least 60 percent of the owners of record of properties within the proposed expansion area submit written consents.
(c) Citizen Participation. Applicants shall comply with the citizen participation process adopted by the Planning Director and posted on the City’s website. The Planning Director shall provide a map of the notification area which shall be a 500-foot radius.
(d) Consideration by Topeka Landmarks Commission. Upon determination by the Planning Director that the application is sufficient, the Director shall submit the application to the Topeka Landmarks Commission.
(e) Notification. Upon determination by the Planning Director that the application is sufficient, the Director shall submit the application to the Topeka Landmarks Commission. The Topeka Landmarks Commission shall consider the application at a meeting; provided, that notice shall be mailed at least 20 days prior to the meeting to the owner(s) of record of any parcel upon which a proposed local historic landmark is situated or which is part of a proposed or expanded local historic district.
(f) Meeting – Landmarks Commission. The Topeka Landmarks Commission may solicit expert testimony regarding the historic and architectural importance of the historic asset(s) under consideration for designation. All interested persons may provide written comments and/or appear in person or by representative. The Commission shall make a recommendation to the Planning Commission whether to adopt historic overlay zoning.
(g) Historic Overlay Zoning. The Governing Body, upon the recommendation of the Planning Commission, shall consider whether to adopt historic overlay zoning in accordance with State law and Chapter 18.245 TMC governing rezoning. (Ord. 19901 § 7, 5-6-14.)