88-9248 Streets Sidewalks Publi(Published in The Salina Journal April ,1?, 1988)
ORDINANCE NUMBER 88-9248
AN ORDINANCE DETERMINING THE PROCEDURE AND THE
CONDITIONS UPON WHICH A PERMIT CAN BE GRANTED AUTHORIZING THE
CONSTRUCTION OF IMPROVEMENTS BY ABUTTING PROPERTY OWNERS WHICH
USE A PORTION OF THE AIR SPACE ABOVE THE ALLEYWAYS LOCATED WITHIN
SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Chapter 35 of the Salina Code is hereby amended by
adding Section 35-40.1 which shall read as follows:
(b) The proposed improvement may be approved only if
it is a minimum of eight feet above the highest
grade elevation of the alleyway. In addition, any
proposed improvement to be located in an alleyway
maintained by the City with mechanized street
sweeping equipment shall be approved only if it is
determined by the Director of General Services
that the physical presence of the proposed
improvement will not inhibit the use of such
equipment.
(c) The property owner execute an agreement
acknowledging responsibility for all ongoing
maintenance necessary to keep the improvements in
a good state of repair and appearance.
(d) The property owner execute an agreement to hold
the City harmless and to indemnify the City for
any loss, cost or damage caused by such use and
to procure and maintain public liability insurance
covering the improvements for limits of not less
than the maximum liability for claims which could
be asserted against the City for any number of
claims arising out of a single occurrence or
accident under the Kansas Tort Claims Act, as it
now exists or may hereafter be amended.
"Section 35-40.1. Use of air space above the alleyways
within Business Improvement District #1.
In the event any owner of property abutting an
alleyway within the boundaries of Salina Business
Improvement District Number 1 requests a permit to use a
portion of the air space above the alley for improvements to
the property, the zoning administrator may grant such a
permit following review and recommendation by the Salina
Business Improvement District Number 1 Design Review
Board. Authorized improvements shall consist of awnings,
canopies, marquees and signs. The application for such
permit shall be made in conjunction with the building permit
application for the improvements. Minimum requirements for
consideration for a permit shall be that:
(a) The proposed improvements extend over the
alleyway no more than one-half the width of the
alleyway.
(b) The proposed improvement may be approved only if
it is a minimum of eight feet above the highest
grade elevation of the alleyway. In addition, any
proposed improvement to be located in an alleyway
maintained by the City with mechanized street
sweeping equipment shall be approved only if it is
determined by the Director of General Services
that the physical presence of the proposed
improvement will not inhibit the use of such
equipment.
(c) The property owner execute an agreement
acknowledging responsibility for all ongoing
maintenance necessary to keep the improvements in
a good state of repair and appearance.
(d) The property owner execute an agreement to hold
the City harmless and to indemnify the City for
any loss, cost or damage caused by such use and
to procure and maintain public liability insurance
covering the improvements for limits of not less
than the maximum liability for claims which could
be asserted against the City for any number of
claims arising out of a single occurrence or
accident under the Kansas Tort Claims Act, as it
now exists or may hereafter be amended.
Section 2. That nothing in this ordinance shall supersede a more
restrictive provision contained in any other ordinance of the City of Salina.
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.
[SEAL]
ATTEST:
Obert K. Biles City Cler-K
1
Introduced: April 18, 1988
Passed: April 25, 1988
l
Sydne/Soderberg, Mayor
(e) The property owner execute an agreement
acknowledging that the permit shall be subject to
revocation by the Board of Commissioners if the
property is required for public purposes or if the
property owner fails to comply with any condition
of the permit and that in either such event the
improvements shall be immediately removed without
compensation.
(f) The property owner execute an agreement
acknowledging that in the event of an imminent
threat to public health or safety, the City Manager
may direct the immediate removal of the
improvement without compensation."
Section 2. That nothing in this ordinance shall supersede a more
restrictive provision contained in any other ordinance of the City of Salina.
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.
[SEAL]
ATTEST:
Obert K. Biles City Cler-K
1
Introduced: April 18, 1988
Passed: April 25, 1988
l
Sydne/Soderberg, Mayor