86-9163 Administration(Published in The Salina Journal October ;d}i, 1986)
ORDINANCE NUMBER 86-9163
AN ORDINANCE CREATING A SALINA BUSINESS IMPROVEMENT
DISTRICT DESIGN REVIEW BOARD AND PROVIDING FOR ITS MEMBERSHIP,
APPOINTMENT, TERM, AND PROCEDURES; ENACTING ARTICLE X OF CHAPTER
2 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Chapter 2 of the Salina Code is hereby amended by
adding Article X, which shall read as follows:
"CHAPTER 2
ARTICLE X
"Section 2-200. Creation of board.
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 Salina Business Improvement District Number 1
Design Review Board (hereinafter referred to as "the
Board").
"Section 2-201. Membership.
The Board shall consist of seven (7) members
recommended by the Board of Directors of Business
Improvement District Number 1 and appointed by the Mayor
with the consent of the Governing Body. Membership shall
at all times include at lease one representative of the
following categories:
1. Representative of a business witnin the Business
Improvement District.
2. Property owner within the Business Improvement
District.
3. Design professional.
"Section 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.
"Section 2-203. Compensation.
The members of the board shall serve without
compensation.
"Section 2-204. Officers.
The Board shall elect one of its members as
chairman for a term of one (1) year. The chairman shall
preside at all meetings of the Board. The Board shall elect,
in the same manner and for the same term, one of its
members as vice-chairman who shall act as chairman during
the absence of the chairman.
"Section 2-205. Quorum.
Four members of the board shall constitute a
quorum for the purpose of conducting the board's business.
"Section 2-206. Purpose.
The purpose of the board shall be:
1. To advise and make recommendations to the Board
of City Commissioners or Business Improvement
District Number 1 Board of Advisory on such
matters as, from time to time, may be referred to
the board.
"Section 2-208. Authorization and findings.
Any application for a building permit which relates
to property included within Business Improvement District
Number 1 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 all members
of the board, the following findsings can be made:
1. The general design, material and color of the
proposed construction or change presents an
aesthetically pleasing overall image.
2. Environmentally harmful effects created by the
clash of contemporary materials with those of older
origin, are avoided.
3. The distinguising 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, inclrporates the use of appropriate
materials, colors and graphics, and is compatible
with the overall building design.
2. To protect and enhance the property located within
Business Improvement District Number 1 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 compatability when
proposed plans and specifications warrant.
"Section 2-207. Certificate of compatibality.
No building permit shall be issued for work to be
performed on property included within Business Improvement
District Number 1 without first obtaining a certificate of
compatibility.
"Section 2-208. Authorization and findings.
Any application for a building permit which relates
to property included within Business Improvement District
Number 1 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 all members
of the board, the following findsings can be made:
1. The general design, material and color of the
proposed construction or change presents an
aesthetically pleasing overall image.
2. Environmentally harmful effects created by the
clash of contemporary materials with those of older
origin, are avoided.
3. The distinguising 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, inclrporates 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.
"Section 2-209. Public hearing.
(a) The board shall hold a public hearing on each
application at a reasonable time and place as determined
by the board. It shall hold such hearing within
fourteen (14) days from the date upon which the
application is referred to the board by the city's Chief
Building Official. The applicant may waive the
requirement that such hearing be held within fourteen
(14) daYS.
(b) No less than seven (7) days notice of the time and
place of the hearing on any application shall be
published in the official city newspaper stating the
date, time and place of the hearing and containing a
statement regarding the proposed application. Notice of
the public hearing, containing the same information as
the published notice shall be mailed by certified mail to
the record owners of the property immediately adjacent
to the proposed project, at least seven (7) days prior
to the public hearing.
(c) The hearing on the application shall be conducted
and a record of the proceeding 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 office of the city's Chief
Building Office.
"Section 2-210. Appeal.
Any applicant may appeal a decision of the board
to the Board of City Commissioenrs. Such appeal must be
filed with the City Clerk on a form provided by that office
no later than 30 days following the board's decision.
"Section 2-211. Hearing and notice on appeal.
Upon the filing of an appeal, the matter shall be
set for consideration at the earliest regularly scheduled
meeting of the Board of City Commissioners that will allow
notice of such consideration in the same manner as set forth
in Section 2-209.
"Section 2-212. Decision on appeal.
Upon consideration of the appeal by the Board of
City Commissioners, by a majority vote of all members, may:
1. Grant the certificate of compatibility;
2. Affirm the board's denial of the certificate of
compatibility; or
3. Refer the matter to the board for further
consideration with or without specific instruction."
Section 2. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
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[SEAL]
ATTEST:
D. L. Harrison, City Clerk
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Introduced: September 22, 1986
Passed: October 20, 1986
/oseph M. Ritter, Mayor