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As used in this chapter, the following words, terms and phrases shall be as defined below:

Alteration” means any change to or modification, through public or private action, of any historic resource or any property located within a historic district, including, but not limited to, exterior changes to, or modifications of, a structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archeological sites or areas, and the placement or removal of any object such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plants, and landscape accessories affecting the historic qualities of the property.

Appurtenances and environmental setting” means the parcel, as of the date of “historic district” or “historic landmark” designation, on which is located a historic resource. “Appurtenances and environmental setting” includes walkways and driveways (whether paved or not), fences, gateways, open space and waterways. Interiors of structures are included only when a historic resource is designated a historic landmark and the owner consents to the addition of the interior of the structure.

Certificate of Appropriateness” means the approval given by the Historic Preservation Board for projects impacting historic landmarks and resources within historic districts.

Certified local government (CLG)” means a program of the National Parks Service designated to promote the preservation of prehistoric and historic sites, structures, objects, buildings, and historic districts, establishing a partnership between the local government, State Historic Preservation Office (SHPO), a division of the Kansas State Historical Society, and the National Parks Service. A certified local government carries out the purposes of the National Preservation Act, as amended. Each certified local government is required to maintain a system of ongoing surveys compatible with the SHPO.

Demolition” shall mean any and all activity that requires a demolition permit under the provisions of the building code and shall also include any other activity by the owner or any party in possession of a historic resource or historic resource within a historic district which creates or results in the removal, destruction or deterioration of exterior walls, roof, chimneys, doors, windows, porches, steps or trim of interior structures, fixtures and features which would or could cause permanent damage, injury, or loss of or to historically significant exterior or interior features.

Demolition by neglect” means the failure to provide ordinary and necessary maintenance and repair to a structure resulting in the deterioration of the structure or resulting in permanent damage, injury or loss to exterior features.

Design criteria” means the standard used for issuing a Certificate of Appropriateness. The criteria shall be based upon the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, or guidelines adopted by the historic district and based upon criteria of the Secretary of the Interior’s Standards as recommended by the Historic Preservation Board and approved by the respective jurisdiction. Examples illustrating said standards shall be made available by the Planning Division.

Growth area” means the City of Olathe’s planning area beyond City limits that is potentially annexable land within its sphere of influence.

Historic district” means a group of residential historic resources, consisting of three (3) or more principal use residential structures or a residentially zoned tract of ground five (5) acres or larger which are significant as a cohesive unit and contribute to the historical, architectural, archaeological or cultural values of the City, county, state, or nation which is so designated by the Governing Body. “Historic district” includes all state and national registered residential districts provided the owner(s) of record consents in writing to the inclusion.

Historic landmark” means a historic resource that has been designated, with the written consent of the owner(s) of record, as having historical, architectural, archaeological, or cultural importance or value which the City’s Governing Body determines shall be protected, enhanced and preserved in the interest of the culture, prosperity, education and welfare of the public. “Historic landmark” may also include the interior of a structure with written consent from the owner(s) of record. “Historic landmark” includes all state and national registered structures provided the owner(s) of record consents in writing to the inclusion.

Historic resource” means a site, land area, building, structure or object, including appurtenances and environmental setting, which has historical, cultural, aesthetic, architectural and/or archaeological significance, or is a site, land area, building, structure, or object with potential importance or value.

Maintenance” means any cleaning, painting or restoration that does not result in the alteration of a historic landmark, site or structure.

Original Town” Overlay District Zoning means the additional zoning standards in Section 18.20.280 of the Unified Development Ordinance of the City of Olathe.

Permit” means authorization whether by administrative action or actions by the Governing Body and includes, but is not limited to, a building, demolition, moving, zoning, sign, fence, parking lot, roofing, sidewalk, siding, special uses, or swimming pool permit which is issued by the Planning Division.

Preservation plan” means a document developed, adopted and implemented by the Historic Preservation Board and the Governing Body that identifies trends affecting and impacting historic resources and provides guidance for their preservation.

Preservation program” means the overall program administered by the Historic Preservation Board that involves the implementation of the historic preservation ordinance, the historic preservation plan, and all activities relating to the furtherance of historic preservation in Olathe and the growth area of the City of Olathe.

Project classification” means, for the purpose of the Certificate of Appropriateness review procedure, proposed work involving a historic landmark or resource within a historic district shall be classified as major or minor.

(1) “Major projects” include:

(a) Any undertaking requiring a permit on a national or state register property or historic landmark unless determined minor by the Planning Division; or a structure within a national or state register district; unless determined minor by the Planning Division;

(b) Any demolition permit or moving permit for any structure listed as a historic landmark or historic resource within a historic district listed in the preservation plan adopted by the Governing Body.

(2) Minor project. For the purpose of a Certificate of Appropriateness review, a “minor project” is any project requiring a permit on a historic landmark or property within a historic district, or state or national register property that proposes repairing or restoring an existing exterior element, or replacing an element or material with identical material and design to that which is existing.

Repair” means any change to, or modification of, any improvement, historic resource or any property located within a historic district, other than removal or alteration, where the purpose and effect of such change or modification is to correct any deterioration or damage to such improvement, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration or damage.

Residential,” for purposes of historic preservation zoning designation residential, shall mean: “RUR,” “RR-1,” “R-1” through “R-5,” “TN,” and “AG” zoning classifications. (Ord. 17-59 §§ 1, 10, 2017; Ord. 10-82 § 1, 2010; Ord. 10-07 § 1, 2010; Ord. 07-54 § 1, 2007.)