§ 27-144. Public hearing and recommendation.

(a)

An application for designation of historic landmarks and historic districts shall be filed in accordance with the rules and regulations as established and promulgated by the landmarks commission. The application shall contain a legal description of the subject property or district, current photographs of the property or district adequate to portray its appearance and condition, and a statement describing the historic, cultural or architectural significance of such property or district, together with any pertinent supporting documentation and identification of contributing and noncontributing elements. After receipt of the application, a public hearing shall be held by the landmarks commission at the next regularly scheduled meeting, or by special meeting. Public notice of the hearing shall be published at least one time in the official newspaper of the unified government not less than 20 days prior to such hearing. The notice shall state the time and place and general purpose of the hearing. A copy of the notice shall be mailed to each owner of record of the affected property or district. At the public hearing, the landmarks commission shall review all pertinent staff comments and recommendations, and shall make findings and conclusions regarding the designation of the historic landmark or historic district. A majority vote of the quorum present shall be required to constitute a recommendation of approval.

(b)

The recommendation of the landmarks commission shall immediately be forwarded to the unified government board of commissioners. The recommendation shall specifically define the historic landmark or historic district to be designated.

(c)

Upon application for designation of a historic landmark or historic district, the unified government board of commissioners may order a moratorium on the issuance of building permits for exterior alterations other than normal maintenance and repair, permits for building additions or permits for demolition with respect to any real property proposed for designation as a historic landmark or located within a historic district. In ordering the moratorium for building and demolition permits, the unified government board of commissioners shall consider, among other proper legislative factor considerations, the following:

(1)

Existing studies or information substantiating the historic or architectural significance of the proposed landmark or district;

(2)

Previous listing of the proposed landmark or district on the Register of Historic Kansas Places or the National Register of Historic Places;

(3)

Probable cause that the property or district meets one or more of the requirements for designation as a historic landmark or a historic district; and

(4)

The extent that demolition or exterior alteration would be detrimental to the alleged historic, cultural or architectural character of the district, site, building, structure or object.

(d)

The moratorium shall continue until final action on the application for designation has been taken by the unified government board of commissioners, but in no case shall the moratorium extend more than 90 days subsequent to the date of application therefor.

(Code 1964, § 2-26(6)(A); Code 1988, § 27-111; Ord. No. 49004, § 2, 9-1-1970; Ord. No. 63524, § 1, 11-12-1981; Ord. No. 64598, § 1, 2-2-1984; Ord. No. 65337, § 1, 8-4-1988)