08-10432 Design Review Board(Published in the Salina Journal on January A 2008.)
ORDINANCE NUMBER 08-10432
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X OF THE SALINA CODE
PERTAINING TO THE SALINA BUSINESS IMPROVEMENT DISTRICT DESIGN REVIEW
BOARD AND REPEALING THE EXISTING ARTICLE X.
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W BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Article X of Chapter 2 of the Salina Code is hereby amended and reads as follows:
"ARTICLE X. SALINA BUSINESS IMPROVEMENT DISTRICT DESIGN REVIEW BOARD"
See. 2-200. Created.
By authority of the home rule powers granted to cities by the Kansas Constitution and
consistent with the Kansas Business Improvement District Act, there is hereby created the
Design Review Board of the Salina Business Improvement District Number 1 (hereinafter
known as the Lee District).
Sec. 2-201. Membership.
The board shall consist of seven (7) members recommended by the board of advisors of the Lee
District and appointed by the mayor with the consent of the governing body. Membership shall
at all times include at least one (1) representative of the following categories:
(1) Representative of a business within the Lee District.
(2) Property owner within the Lee District.
(3) Design professional, including but not limited to a licensed professional
engineer, architect or landscape architect.
See. 2-202. Appointment and term.
' Those persons first appointed as members of the board shall be appointed for the following
terms:
(1) Two (2) members for a term of one (1) year.
(2) Two (2) members for a term of two (2) years.
(3) Three (3) members for a term of three (3) years.
Upon the expiration of the term of each board member, subsequent terms shall be for a period
of three (3) years. Any vacancy occurring among the membership of the board shall be filled by
appointment of the mayor with the consent of the governing body. .
Sec. 2-203. Compensation.
The members of the board shall serve without compensation.
See. 2-204. Officers.
The officers of the board shall be chair, vice -chair and secretary. The chair and vice -chair shall
be elected at the annual meeting and shall serve for a term of one (1) year, or until their
successors are elected. The Director of Planning, or his designee, shall serve as secretary, and
he or she may appoint a staff member assistant secretary. No person shall be eligible to hold the
office of chair or vice -chair for more than two (2) full, consecutive one-year terms.
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Sec. 2-205. Quorum.
A simple majority of the members of the board appointed and qualified at any given time shall
constitute a quorum for the purpose of conducting the board's business.
Sec. 2-206. Purpose.
The purpose of the board shall be:
(1) To advise and make recommendations to the board of city commissioners or Lee
District board of advisors on such matters as, from time to time, may be referred
to the board.
(2) To protect and enhance the exterior appearance of property located within the
Lee District by regulating, according to proper architectural principles, the
design, use of materials, finished grade lines, and orientation of new building
construction and the alteration, improvement, repair, or demolition of existing
buildings through the issuance of certificates of compatibility when proposed
plans and specifications warrant.
(3) Issue notice of decision on signage and other matters referred by other duly
w constituted city boards, commissions, and committees.
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Sec. 2-207. Certificate of compatibility.
(a) No building, sign or demolition permit shall be issued for work to be performed on
property included within the Lee District without first obtaining a certificate of
compatibility.
(b) An application for a certificate of compatibility must include the following submittals:
(1) A site plan depicting buildings, sidewalks and alleys, parking, landscaping and
outside lighting.
(2) An elevation sketch of proposed new and/or altered exterior walls.
(3) A description of the type, color and texture of exterior finish materials and
appropriate samples.
(4) Colored photographs of subject building exposures, including adjoining
buildings.
(5) A site restoration plan for a demolition project
(c) Routine maintenance activities, where there is no change made to the existing design,
material, color or general appearance of a building feature shall not require review by
the Design Review Board or its administrative staff.
(d) In the event of an emergency situation, the chief building official may authorize
' emergency repairs to a property without the issuance of a certificate of compatibility.
Sec. 2-208. Authorization and findings.
Any application for a building permit which relates to property included within the Lee District
shall, in conjunction with the standard building permit review process, be referred by the city's
chief building official to the board. The board is hereby authorized to, grant any applicant a
certificate of compatibility if, upon the vote of a majority of board members present and voting,
any of the following findings can be made:
(1) The general design, material and color of the proposed construction or change
present an aesthetically pleasing overall image.
(2) Environmentally harmful effects caused by the clash of contemporary materials
with those of older origin, are avoided.
(3) The distinguishing original qualities or character of a building, structure or site
and its environment are not to be destroyed and the removal or alteration of any
historical material or distinctive architectural features is avoided where possible.
(4) The proposed use of banners, awnings, or canopies incorporates the use of
appropriate materials, colors and graphics, and is compatible with the overall
building design.
(5) Any proposed demolition includes appropriate grading and landscaping of the
' building site in a manner compatible with the adjoining buildings and
streetscape.
In considering applications for certificates of compatibility, the board's decisions shall be based
upon the adopted Design Guidelines for Downtown Salina as approved and amended from time
to time by resolution of the governing body.
Sec. 2-209. Review Process.
Upon submission of a complete application, administrative staff will make a determination of
the scope of the project using the Design Review Board matrix as approved and amended from
time to time by resolution of the governing body. Projects determined to be minor will undergo
a "minor" review process. All other projects requiring a certificate of compatibility shall
undergo a "full" review process.
(a) Minor Review. Upon the filing in the Development Services Department of a
completed application for a certificate of compatibility for a project qualifying
for a minor review, the following process shall occur:
(1) No more than three (3) working days (Monday through Friday, excluding
holidays) after the date the completed application is filed, the project will
w be reviewed by administrative staff.
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(2) Administrative staff shall either approve or deny the application unless
staff determines that a full review should be scheduled. Written notice of
the decision of the administrative staff, including the certificate of
compatibility if approved, shall be provided to the applicant and the
Building Services Division within seven (7) calendar days after the date
the completed application is filed.
(3) If a project is determined to require a full review, the project will be placed
on the agenda of the next regularly scheduled meeting of the Design
Review Board as set out in Section (b) Full Review, (1) through (4) below.
(b) Full Review. Upon the filing in the Development Services Department of a
completed application for a certificate of compatibility for a project requiring a
full review, the following process shall occur:
(1) No more than twenty-three (23) calendar days after the date the completed
application is filed, the project will be scheduled for review at a public
hearing by no less than a quorum of the board.
(2) No less than seven (7) calendar days prior to the hearing, notice of the
date, time, and place of the hearing and a statement of the nature of the
proposed application shall be shall be mailed by first class mail to the
record owners of the property immediately adjacent to the subject
property. ("Adjacent properties" shall mean those properties that share a
property line with the subject property, excluding any street rights-of-
way).
(3) The hearing shall be conducted and a record of the proceedings shall be
preserved in such a manner and according to such procedures as the board
may prescribe by its own rule. Any interested person or party may appear
and be heard at the hearing in person, by agent, or by attorney. The
board may request a report on any proposed application from any
governmental official or agency, or any other person, firm or corporation.
If such a report is made, a copy shall be made available to the applicant
and any other interested person in the Development Services Department.
(4) The board shall either approve or deny the application at the hearing,
unless the board determines that compelling circumstances require that the
hearing be continued. Written notice of the decision of the board, including
the certificate of compatibility, if approved, shall be provided to the
applicant and the Building Services Division within seven (7) days after
the date of the board's decision.
(c) Denial of a certificate of compatibility. Any denial of a certificate of compatibility
by either Administrative staff or the board shall be accompanied by a statement of
the reason(s) for the denial, which shall include recommendations to the applicant
concerning changes in the proposed project, if any, that would allow the
administrative staff or board to reconsider the denial. An applicant may submit an
amended application that takes into consideration the recommendations of
administrative staff or the board.
Sec. 2-210. Appeal.
(a) Appeal from an administrative decision. Any person dissatisfied with an administrative
decision to either grant or deny a certificate of compatibility may appeal the decision to
the board by filing a notice of appeal in the Development Services Department on a
form provided by that office. The notice of appeal must be filed within five (5)
calendar days of the date of the administrative decision. The board shall consider the
appeal within fourteen (14) calendar days in the same manner as a full review of a new
application.
(b) Appeal from aboard decision. Any person dissatisfied with a decision by the board to
either grant or deny a certificate of compatibility may appeal the decision to the Board
of City Commissioners by filing a notice of appeal in the Office of the City Clerk on a
form provided by that office. The notice of appeal must be filed within fourteen (14)
calendar days of the date of the board's decision. The Board of City Commissioners
shall conduct a public hearing on the appeal and shall within thirty (30) calendar days
' of the date the appeal was filed:
(1) Uphold the decision of the Design Review Board.
(2) Reverse the decision of the Design Review Board.
(3) Refer the matter back to the Design Review Board for further consideration,
with or without specific instructions.
Sec. 2-210. Stop Work orders.
Whenever any work is being done contrary to the provisions of this article, or other pertinent
laws or ordinances implemented through the enforcement of this article, the building official
may order the work stopped by notice in writing served on any person involved in the
performance of such work or the owner of record of the property. Any such person or owner of
record shall immediately stop such work and shall not resume work until the building official
has determined that the project is in compliance with any applicable requirements of this
article.
Secs. 2-211— 2-224. Reserved.
Section 2. That Article X of Chapter 2 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: January 7, 2008
Passed: January 14, 2008
CiWov" v
Alan E. Jilk ,Mayor
(SEAL)
ATTEST:
Lieu Ann Else , CM Clerk
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