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(a) Each NCD shall meet all of the following criteria:

(1) The area must contain at least one block face, and be primarily residential;

(2) A minimum of 75 percent of the area must be presently developed;

(3) The area must possess a unique and distinctive physical character/form that predominates from the time of its original or earliest development;

(4) The area must have a distinctive atmosphere or character that can be effectively protected by preserving or enhancing its architectural or physical attributes;

(5) The area must be predominantly platted for a minimum of 40 years prior to the adoption of the district.

(b) In determining whether to establish an NCD, the Planning Commission and Governing Body shall also consider the following factors:

(1) Conformity with the City’s comprehensive plan and planning policies;

(2) Zoning and use of nearby property;

(3) Physical character of the area; and

(4) The extent to which designation of the NCD will either improve or detrimentally affect nearby properties.

(c) Any designated historic landmark overlay district, or any district listed on the Register of Historic Kansas Places, or the National Register of Historic Places, or their environs, shall be deemed to satisfy the criteria in subsection (a) of this section. (Ord. 19815 § 3, 5-7-13.)

Cross References:City Council – Mayor, Chapter 2.15 TMC; Planning Commission, Chapter 2.225 TMC.