a.

Purpose. The H-O Historic Landmark Overlay District is intended to provide a means of designating on the Official Zoning District Map those properties determined by the Governing Body to be historic landmarks or historic landmark Districts.

b.

Applicability. The provisions of this section shall apply only within the City of Wichita.

c.

Determination of eligibility. A determination of eligibility for designation as a historic landmark or historic landmark District shall be based on the conclusions and findings of fact of the Historic Landmark Preservation Committee and upon the recommendations of the Planning Commission following a public hearing. Upon recommendation of the Historic Landmark Preservation Committee, an application may be initiated for the designation of a historic landmark or historic landmark district on legally described property or properties that have been incorporated into the historic preservation plan of the City of Wichita.

d.

Application contents. The applicant shall provide the names of the owner of record, together with an accurate legal description of the property proposed to be designated. The applicant shall also identify the specific criteria set out in Sections 2.2.1019 and 2.12.1020(2) of the City of Wichita Code, under which the described property is proposed to be designated as a historic landmark or District. The application shall be accompanied by the required filing fee.

e.

Notice. Upon receipt of the complete application and fee, the Planning Director shall give notice of the application and of the upcoming hearing on the application by the Planning Commission. The notice shall be sent by certified mail to the owner of record of the property directly involved and shall be published once in a newspaper of general circulation at least 20 days prior to the hearing date.

f.

Planning Commission hearing and action. At the conclusion of the public hearing, the Planning Commission shall forward its recommendation for approval or disapproval of historic designation to the Governing Body. In the event that the Governing Body takes action to approve the historic designation of the property involved, the Planning Director, on the basis of the public meeting record, shall set out on the Official Zoning District Map a designation corresponding to the case number and a delineation of the property involved.

g.

Effect of historic landmark status. The establishment of the historic landmark designation shall in no way alter the Uses allowed by the zoning classification of the property.

h.

Effect of demolition or removal. In the event a permit is issued, pursuant to Section 2.12.1024 of the City of Wichita Code, for the demolition or removal of a designated historic landmark structure not located within a landmark District, the Zoning Administrator shall instruct the Planning Director to remove the designation from the Official Zoning District Map, provided that, upon removal of a structure within a historic landmark District, the land shall retain its classification as a designated historic landmark District.