18.255.120 Certificate of appropriateness review – Demolition – Historic landmark and contributing feature.
(a) No local historic landmark, contributing feature, or portion of either shall be demolished unless a certificate of appropriateness is approved by the City Council. Additionally, no permit to demolish a local historic landmark, contributing feature, or portion of either shall be issued prior to approval of a certificate of appropriateness.
(b) Citizen Participation. The applicant 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.
(c) Notification. 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.
(d) Meeting – Landmarks Commission. All interested persons may provide written comments and/or appear in person or by representative. The Commission shall make its determination based upon the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(e) After review and recommendation by the Topeka Landmarks Commission, the City Council may approve or deny the certificate of appropriateness based on the following factors:
(1) Whether feasible alternatives to demolition exist, including mothballing the structure;
(2) The state of repair of the structure;
(3) The cost of restoration or repair;
(4) Hardship to the applicant if the certificate is denied;
(5) Economic consequences to affected property owners; and
(6) The interest in preserving historical values.
(f) Notwithstanding subsection (e) of this section, if the Topeka Landmarks Commission determines that the demolition will destroy historic property included in the National Register of Historic Places or the State Register of Historic Places, demolition shall not proceed until the Governing Body makes any determination required by K.S.A. 75-2724 and amendments thereto.
(g) If a demolition is approved by the Council, the Planning Commission shall make a recommendation to the Governing Body whether to remove historic overlay zoning in accordance with State law and the ordinances governing rezoning. (Ord. 19901 § 13, 5-6-14.)