18.255.110 Certificate of appropriateness review – Minor and major projects – No demolition.
(a) No local historic landmark, contributing feature, or a portion of either, shall be altered, removed, or moved unless a certificate of appropriateness is approved in accordance with this section. No certificate is required for maintenance and repair not requiring a permit or not restricted by design review guidelines. If an application proposes that a local historic landmark be removed or moved to a new site, the proposal shall be treated as an application for denomination or a nomination, as appropriate. If an application proposes that a contributing feature be removed or moved to a new site, the proposal may be treated as an application for denomination or a nomination, as appropriate.
(b) Preservation staff shall review the application and determine whether the project is a major or minor project, as defined in TMC 18.255.020.
(c) If the project is determined to be minor, preservation staff may approve or deny the application, based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any approved design review guidelines, within 30 days of receipt of a complete application. If the application is denied, the applicant may request a review by the Planning Director within five business days from the date of denial. If the Planning Director affirms the denial, based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any approved design review guidelines, the applicant may request a review by the Topeka Landmarks Commission which will determine, based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties and any approved design review guidelines, whether to affirm, reject, or modify the Planning Director’s decision.
(d) If the project is determined to be major but does not involve demolition of a local historic landmark or contributing feature in a local historic district, the following procedure shall apply:
(1) The Topeka Landmarks Commission shall consider each 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 the local historic landmark that is the subject of the application and the owners of record of properties located within any local historic district where the local historic landmark or contributing feature is located.
(2) All interested persons may provide written comments and/or appear in person or by representative.
(3) The Topeka Landmarks Commission may request additional information, approve, approve with conditions, or deny the certificate based upon the Secretary of the Interior’s Standards for the Treatment of Historic Properties and approved design review guidelines.
(4) The owner of the local historic landmark or a property owner within the local historic district may appeal the Commission’s decision to the City Council by submitting a notice of appeal to the Planning Director within 10 calendar days of the decision.
(5) The Council shall affirm the Commission’s decision if there is sufficient evidence to support the decision. (Ord. 19901 § 12, 5-6-14.)
Cross References:City Council – Mayor, Chapter 2.15 TMC.