(A) A historic landmark or historic district nomination form, accompanying material, and for historic districts, historic district preservation guidelines as defined herein, shall be submitted to the Planning Division.

(B) Upon receipt of such nomination, a hearing by the Historic Preservation Board will be scheduled either at its regular meeting or at a special meeting; provided, that notice of the meeting shall be published twenty (20) days prior to the date of such hearing. For purposes of holding a hearing to consider designation of a historic landmark or historic district, five (5) members of the Historic Preservation Board shall constitute a quorum. The owner or owners of record of any parcel on which a proposed historic landmark is situated or which is a part of a proposed historic district shall be mailed written notice at least twenty (20) days prior to the hearing relating to the designation of such proposed historic landmark or historic district, the amendment to any designation thereof, or the proposed reduction of any designation or the amendment thereto. Owner(s) consent to the historic landmark or historic district designation is a requirement for such designation to occur. The Historic Preservation Board shall afford a full and fair hearing to all interested persons.

The Historic Preservation Board may solicit expert testimony regarding the historic and architectural importance of the historic resource(s) under consideration for designation. All interested persons may appear in person or by representative and present evidence or comment. The Historic Preservation Board shall make its decision regarding the designation within a reasonable time, no later than fifteen (15) days following the close of the hearing. In the event a member of the Historic Preservation Board shall make application, evidence shall be presented in the same manner as all other persons and the Historic Preservation Board member shall not vote on the matter contained in the application. Four (4) affirmative votes shall be required to constitute a recommendation of approval on any nomination application presented to the Historic Preservation Board.

(C) After consideration and recommendation by the Historic Preservation Board, the application shall be submitted to the Planning Division. The following is required as part of the designation application:

(D) The designation shall be placed on the next possible Olathe Planning Commission meeting agenda for public hearing to consider historic landmark or historic district designation. The same public notices and public hearing as required by law in a zoning case shall be observed. The owner or owners of record of any parcel on which a proposed historic landmark is situated or within a proposed historic district as well as all property owners of record within a two hundred (200) foot radius in the City will be notified of the hearing. At the conclusion of its hearing, the Planning Division shall set forth in writing findings of the Planning Commission as to whether the designation is consistent with adopted plans and shall transmit such findings to the Governing Body.

(E) After notice and public hearing as required by law in a zoning case, a historic landmark or historic district may be created by resolution by the Governing Body.

(F) Upon approval of a historic landmark or residential historic district designation resolution by the Governing Body, the Planning Division shall cause the official designation and delineation of the property or properties involved. (Ord. 17-59 §§ 6, 10, 2017; Ord. 10-82 § 6, 2010; Ord. 10-07 § 6, 2010; Ord. 07-54 § 1, 2007.)