The purpose of this article is to identify, protect, conserve, enhance and perpetuate districts, sites, buildings, structures and objects which represent or reflect distinctive and important elements of the city's historic, cultural and architectural heritage through:

(1)

Stabilizing and improving property values in areas that are of historical/architectural value;

(2)

Enhancing city attractiveness;

(3)

Fostering restoration and rehabilitation of structures, areas, and neighborhoods;

(4)

Encouraging the studying, interpreting, and publicizing of historic resources.

(Ord. No. 3802, § I, 7-6-1999)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alteration means any act or process that changes one or more of the exterior architectural feature of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

Area means properties, near or adjacent to one another, capable of being described with such definiteness that their collective location may be established and boundaries definitely ascertained.

Building means a structure created to shelter any form of human activity. The term "building" also may refer to a small group of buildings which constitute an historically or functionally related unit.

Certificate of appropriateness means a certificate issued by the committee indicating its approval of plans for alteration, removal or demolition of a landmark or a structure within an historic district based primarily on design characteristics.

Certificate of economic hardship means a certificate issued by the committee indicating its approval of plans for alteration, construction, removal, or demolition of a landmark or a structure within an historic district based on economic considerations.

City council means the governing body of the corporation known as the City of Wellington, Kansas.

Committee means the Historical Preservation Committee of the City of Wellington, Kansas.

Construction means the act of adding an addition to an existing structure or the erection of a new principle or accessory structure on a lot or property.

Contributing means a significant building, site, structure or object which adds to the architectural qualities, historic association or archeological values of an historic district because:

(1)

It was present during the pertinent historic time;

(2)

It possesses integrity and reflects its significant historic character or is capable of yielding important information about the pertinent historic period; or

(3)

It independently meets the standards and criteria of this article.

Demolition means any act or process that destroys in part or whole a landmark or a structure within an historic district.

Design guideline means a standard of appropriate activity that will preserve the historic and architectural character of a structure or area.

Easement means the written and recorded authorization by a property owner to allow specific uses of a designated part of a property by another individual, or entity. For purposes of administering this article, an easement may be called an historic or preservation easement.

Exterior architecture appearance means the architectural character and general composition of the exterior of a structure.

Historic district means an area designated as an historic district by ordinance of the city council and which may contain within definable geographic boundaries one or more significant sites, structures or objects and which may have within its boundaries other properties or structures that, while not of such historic, archeological and/or architectural significance to be designated as landmarks, nevertheless, contribute to the overall visual characteristics of the significant structures or objects located within the historic district.

Landmark means a site, structure or object designated as a landmark by ordinance of the city council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration and preservation because of its historic, architectural significance to the city.

Object means those physical items that have functional, aesthetic, cultural, historical or scientific value and are relative small in scale and simply constructed. Objects include sculptures, monuments, street signs, fence posts, hitching posts, mileposts, boundary markers, statuary and fountains.

Owner of record means those individuals, partnerships, firms, corporations, public agencies or any other legal agencies holding title to property but not including legal entities holding mere easements or leasehold interests. Current owners of a record are those listed as owners in the records of the register of deeds.

Property means an area of land undivided by a street, railroad, stream or similar physical feature, under common ownership or control, which is or will be occupied by one or more structures, and any accessory structures and uses.

Removal means any change to a structure in whole or in part on its site or another site.

Repair means any change to a structure or object that is not construction, removal, alteration or demolition.

Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archeological value regardless of the value of any existing structures.

Structure means anything constructed or erected the use of which requires permanent or temporary location on or in the ground.

(Ord. No. 3802, § II, 7-6-1999)

(a)

Created. The historic preservation committee is hereby created. The purpose of the committee is to inventory, promote, list, record, protect, preserve, and enhance places, areas, features or site within the city that have special significance in the architectural, archeological, cultural, or historic sense.

(b)

Duties. The duties of the historic preservation committee include:

(1)

Identification of historic landmarks/districts;

(2)

Recommendation of designation to the city council;

(3)

Hold hearings on proposed recommendation of new landmarks;

(4)

Undertake activities of preservation to include: reviewing and approving new construction and/or alterations to designated landmarks and structures or property within historic districts;

(5)

Investigate potential sources of funds.

(c)

Membership.

(1)

The historic preservation committee shall be comprised of a five-member committee appointed by the mayor with approval of the city council. Membership of the committee shall be comprised of at least two members of a preservation-related profession such as an architect, architectural historian, landscape architect, planner.

(2)

Appointees to the committee shall serve a staggered two-year term with the initial appointment of non-professional members limited to a one-year term.

(3)

A chairperson shall be elected by the members of the historic preservation committee and shall serve a one-year term and may be re-elected, but may not serve more than two consecutive terms. The chairperson of the historic preservation committee shall be a voting member of the committee.

(d)

Meetings.

(1)

The historic preservation committee shall meet at least once per quarter (once every three calendar months) with additional meetings upon call by the chairperson or upon petition of a quorum of the committee members. The times, dates and locations of the committee meetings may be established by the chairperson or a majority of the committee members.

(2)

A quorum of the committee shall consist of a majority of its voting members. The committee must have a quorum to decide an issue and it must pass by a majority of its voting appointees. Minutes of each meeting shall be filed in the city clerk's office.

(3)

All vacancies on the historic preservation committee shall be filled by the city council within 60 days of it becoming vacant.

(Ord. No. 3802, § III, 7-6-1999)

(a)

The City of Wellington Register of Historic Landmarks is hereby established, which shall include:

(1)

Descriptions of sites, structures or districts designated as landmarks;

(2)

Descriptions of boundaries of areas designated as historic landmarks and a current copy of the City of Wellington Register of Historic Landmarks shall be kept on file in the city clerk's office.

(b)

Landmarks may include any:

(1)

Exterior of the structure;

(2)

Landscape features or object.

(c)

Nomination of landmarks. The nomination of historic landmarks is to be made by:

(1)

Application of the property owners;

(2)

A petition containing the signatures of 25 percent or more of the owners of property in a proposed historic district; or

(3)

By the recommendation of the historic preservation committee or the city council.

(d)

The application shall contain, at least, a legal description and address of the pertinent structure and/or properties and a certified property ownership list from the county clerk's office.

(Ord. No. 3802, § IV, 7-6-1999)

(a)

Criteria.

(1)

The historic preservation committee shall, upon investigation as it deems necessary, make a determination as to whether a nominated site, structure or object possesses significant historical, archeological and/or architectural qualities and thus qualifies for designation pursuant to one or more of the following criteria:

a.

Its character, interest or development, heritage or cultural characteristics of the community, city, state or nation;

b.

Proposed landmark's location (i.e., is it of significant value?);

c.

Identification with a person who contributed to the public;

d.

Distinguishing characteristics-architectural, method of construction, or materials;

e.

Work of master designer, builder, etc., that has influenced the development of community, county, state or nation;

f.

Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant;

g.

Its embodiment of design elements that make it structurally or architecturally innovative;

h.

Its unique location or singular physical characteristics that make it an established or familiar visual feature;

i.

Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significant;

j.

Its location as a site of prehistoric occupation or activity possessing significant archeological value.

(2)

Any site, structure or object that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration.

(b)

Public hearing and designation.

(1)

At least one public hearing must be held for each property/site to be designated as an historic landmark. The public hearing shall be held no later than 45 days from the date the application is filed. A notice of public hearing shall be posted at least 20 days prior to the public hearing in the official city newspaper. The notice shall state the date, time, and place of the hearing and contain a street address and legal description of the nominated property. The historic preservation committee shall send, by mail, a notice of the hearing to the owners of record of all property within 200 feet of the nominated landmark at least 20 days prior to the hearing.

(2)

Within 30 days following a public hearing the committee shall adopt and submit a recommendation that the nominated site does or does not meet the criteria for designation. In the case of a denial of application the historic preservation committee must explain the lack of significance of the nominated site as it relates to the criteria for designation as set forth in this article.

(3)

A record of all of the proceedings of the historic preservation committee shall be filed in the city clerk's office.

(c)

How designation affects property. Upon being designated as an historical landmark, significant architectural features of the nominated landmark shall be protected. Types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit from the city, cannot be undertaken without obtaining a certificate of appropriateness.

(Ord. No. 3802, § V, 7-6-1999)

(a)

A certificate of appropriateness must be obtained before the following actions affecting the exterior architectural appearance of any landmark or property within an historic district may be undertaken:

(1)

Any construction, alteration or removal requiring a building permit from the city;

(2)

Any demolition in whole or part requiring a demolition permit from the city;

(3)

Any construction or alteration affecting a significant exterior architectural or historical feature of the designated landmark.

(b)

In order to apply for a certificate of appropriateness, one must submit a copy of application for a building or demolition permit including any plans or specifications affecting the site shall be forwarded to the historic preservation committee to initiate the application process.

(c)

A denial of an application for a certificate of appropriateness shall be accompanied by a statement of the reasons for denial.

(Ord. No. 3802, § VI, 7-6-1999)

(a)

A certificate of economic hardship serves as an alternate to wherever a certificate of appropriateness would otherwise be required. The certificate of economic hardship is to provide relief where the application of this article would otherwise impose undo hardship.

(b)

An application for economic hardship shall be made in conjunction with or separately from an application for, or upon the denial of, a certificate of appropriateness. The historic preservation committee shall schedule a public hearing concerning such applications within 30 days. The chairperson of the committee shall assist all applicants in the preparation of applications for certificates of economic hardship. Every reasonable effort shall be made to limit the costs to the applicant and to assure efficient processing of the application.

(c)

Determination. The committee shall review all the evidence and information required of an applicant for a certificate of economic hardship and make a determination within 45 days of receipt of the application whether the denial of the application will deprive the owner of the property of reasonable use of, or reasonable economic return on, the property. Written notice of the determination shall be provided in the same manner as the notification of a determination concerning a certificate of appropriateness.

(d)

Appeal. Any person dissatisfied with a determination by the historic preservation committee concerning a certificate of economic hardship may file an appeal to the city council within 14 days of the date of notification of that determination. The city council must act on this request within 30 days of receipt and must hold a public hearing on the matter.

(Ord. No. 3802, § VII, 7-6-1999)

(a)

To further the purposes of this article, the city hereby establishes a program to accept preservation easements. The city may accept preservation easements on properties that have been designated as a landmark or that have been designated as a contributing property located in a landmark district. The committee shall prepare and adopt a preservation easement application form, a model easement document, a publication explaining the appraisal of preservation easements, standards for review of proposed preservation easements and other materials as are necessary to implement and supplement the provisions of this section. These materials may be amended form time to time by the committee. The city council shall approve standards for review and any amendments thereof before such standards or amendments shall become effective. Preservation easements shall constitute a perpetual interest in real property. The rights of the city to enforce the provisions of an easement shall be superior to those of any property owner or holder of any encumbrance, lien or mortgage. Preservation easements may allow inconsistent use of the protected characteristics and features; provided that it is necessary for the protection of the preservation interests that are the subject of the easement. Preservation easements may specify that:

(1)

The demolition and/or clearance of all or part of the pertinent building, site, structure or object shall be prohibited;

(2)

The property owner agrees to maintain the pertinent building, site, structure or object in conformance with specified requirements;

(3)

City employees and/or the public are granted the right to enter into the pertinent structure of onto the pertinent property at specified times, for specified purposes and according to specified procedures;

(4)

The city shall review and approve any uses made either inside or outside of the pertinent building, site, structure or object;

(5)

The city shall review and approve any sign on the pertinent building, site, structure or object;

(6)

The city may make repairs to the pertinent building, site, structure or object and charge the cost of such repairs to the owner without the consent of the owner; provided that the owner is notified in writing 15 days prior to the commencement of any work;

(7)

The property owner may submit an application for a zoning change or a special use permit only with permission of the city;

(8)

The owner shall pay any legal or other costs incurred by the city in its enforcement of easement provisions.

(b)

The property owner shall submit plans to the committee for any improvements which may affect preservation easement at least 30 days prior to the beginning of any work. The committee shall review the plans, and if no there is no adverse effect to the property the committee shall notify owner and the improvement may commence. No improvement that may adversely effect an accepted preservation easement shall be commenced unless approved by the committee.

(Ord. No. 3802, § VIII, 7-6-1999)

All real property and any building, structure or utility thereon, designated as an historic landmark, whether owned or controlled privately or by any public body, shall receive reasonable care, maintenance and upkeep appropriate for protection and/or preservation in compliance with the terms of this article and the applicable codes of the city.

(Ord. No. 3802, § IX, 7-6-1999)

If a designated historic landmark or a contributing historic resource associated with a designated landmark is determined by the committee to be subject to demolition by neglect, the committee shall notify the city building inspector to issue a written notice specifying the deterioration and the minimum items of repair necessary to correct further deterioration. The notice shall provide that the repairs be made within 39 days of receipt or posting of the notice. If no alternative is found to preserve the structure without undue hardship to the owner, but the structure is determined a threat to human safety and in violation of city code, a demolition permit may be issued.

(Ord. No. 3802, § X, 7-6-1999)

It shall be unlawful for any person to construct, reconstruct, structurally alter, remodel, renovate, restore, demolish, raze, maintain, excavate, zone, place signs in or on any historic landmark or within an historic district in violation of the provisions of this article. The city may institute appropriate action or proceeding to prevent such unlawful construction, restoration, demolition, razing, maintenance, excavating, zoning or placement of a sign to restrain, correct or abate such violation. Any person violating any provision of this article shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine of not more than $1,000.00.

(Ord. No. 3802, § XI, 7-6-1999)