16-10824 Salina Business Improvement District Design Review Board Code Amendments(Summary published in The Salina Journal on March, 2016.)r
Published on the City of Salina's website for a minimum of one week from March 1� 1 to �� , 2016.
ORDINANCE NUMBER 16-10824
AN ORDINANCE AMENDING SALINA CODE SECTIONS 2-208 THROUGH 2-211
AND ADDING SECTION 2-212, ALL PERTAINING TO THE SALINA BUSINESS
IMPROVEMENT DISTRICT DESIGN REVIEW BOARD, AND REPEALING THE
EXISTING SECTIONS 2-208 THROUGH 2-211.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. Salina Code Section 2-208 is amended to provide as follows:
Sec. 2-208. Design Guidelines for Downtown Salina.
Proposed work requiring a certificate of compatibility shall be evaluated on the basis of the
Design Guidelines for Downtown Salina as adopted and amended from time to time by
resolution of the board of commissioners. The proposed work shall be evaluated by the board
unless it has been predetermined to be eligible for administrative staff review and approval in
the design review board matrix, also as adopted and amended from time to time by resolution
of the board of commissioners. The design guidelines and design review board matrix shall be
available in the offices of the department of development services and on the city website.
Section 2. Salina Code Section 2-209 is amended to provide as follows:
Sec. 2-209. Application for a certificate of compatibility.
A building owner or authorized representative shall make application for a certificate of
compatibility by (a) completing and submitting an application form provided by the city, (b)
attaching the required submittals identified on the application form, and (c) paying the
application fee determined pursuant to Sec. 2-2. Upon submission of an application for a
certificate of compatibility, administrative staff shall respond within seven (7) calendar days by
(a) applying the design review board matrix to determine whether the application requires
administrative staff or board evaluation, (b) advising the applicant of that determination, (c)
determining if evaluation of the application requires additional information or submittals in
order to qualify as a complete application, and (d) if required, advising the applicant of the need
and deadline for providing the additional information or submittals.
Section 3. Salina Code Section 2-210 is amended to provide as follows:
Sec. 2-210. Administrative staff evaluation and appeal.
When evaluation of the application for a certificate of compatibility is to be performed by
administrative staff, administrative staff shall evaluate the application and provide the applicant
with written notice of the administrative staff determination .within seven (7) calendar days
following the date of submission of a complete application, as follows:
(a) Issuance of certificate upon approval. If approved, the certificate of compatibility shall be
issued to the applicant and a copy provided to the building services division.
(b) Applicant's right to appeal a denial. If denied, a written notice of denial shall be provided
to the applicant, including a written explanation of the basis for the denial. Only the
applicant may appeal the administrative staff denial by filing a notice of appeal within
fourteen (14) calendar days following the date of the written notice of denial. The notice of
appeal must be filed in the development services department on a form provided by the city.
Scheduling, publication of notice, evaluation of the application on appeal by the board, and
any further appeal from the decision of the board to the board of commissioners shall be
conducted in the same manner outlined in section 2-211.
Section 4. Salina Code Section 2-211 is amended to provide as follows:
Sec. 2-211. Design review board evaluation and appeal.
When evaluation of the application for a certificate of compatibility is to be performed by the
board, the following process shall occur:
(a) Scheduling of hearing. Within seven (7) calendar days following the date of submission of a
complete application, administrative staff shall schedule the application for public hearing at
the first regular meeting of the board that will allow time for notice under subsection (b) and
shall notify the applicant of the public hearing time and date.
(b) Notice of hearing. Not less than seven (7) calendar days prior to the public hearing,
administrative staff shall:
(1) Mail by first class mail a notice of the date, time, and place of the public hearing and a
statement of the nature of the application addressed to the places of business and record
owners of the real estate located within 200 feet of the perimeter boundaries of the real
estate that is the subject of the application that are within the Lee District;
(2) Post a notice of the hearing on the city's website, including the same information
contained in the mailed notice; and
(3). Email notice of the hearing, including the same information contained in the mailed
notice, to all subscribers to the design review board email list maintained by
administrative staff.
(c) Hearing. The public hearing shall be conducted and a record of the public hearing preserved
as the board may determine. Any interested person may appear and be heard in person or by
authorized representative.
(d) Board approval or denial. The board shall (a) evaluate the application on the basis of the
Design Guidelines for Downtown Salina, (b) make written findings of fact based upon
information presented at the public hearing, and (c) either approve or deny the application
following the public hearing, unless the board determines that compelling circumstances
warrant continuing the public hearing. Within seven (7) calendar days after the date of the
board's decision, written notice of the findings of fact and decision of the board shall be
provided to the applicant.
(e) Status of Certificate of Compatibility Pending Expiration of Appeal Period. The certificate
of compatibility shall be held in abeyance pending expiration of the appeal period pursuant
to subsection (f).
(f) Right of Appeal. The applicant, any business owner within the Lee District, or any record
owner of real property within the Lee District may appeal the board's decision to the board
of commissioners by filing a notice of appeal within fourteen (14) calendar days following
the date of the board's decision. The notice of appeal must be filed in the development
services department on a form provided by the city. Within thirty (30) calendar days
following the date the appeal is filed, the board of commissioners shall hear the appeal de
novo and (1) either uphold or reverse the board's decision or (2) refer the application back to
the board for further consideration, with instructions.
(g) No appeal. If an appeal from a decision of the board approving an application is not timely
filed, the certificate of compatibility shall be issued to the applicant and a copy provided to
the building services division within seven (7) calendar days following expiration of the
appeal period.
(h) Status of certificate on appeal from approval. If an appeal from a decision of the board
approving an application is timely filed, issuance of the certificate of compatibility shall be
held in abeyance until the appeal to the board of commissioners has been decided.
(i) Issuance of certificate upon approval on appeal. If an appeal from a decision of the board
results in approval of the application by the board of commissioners, the certificate of
compatibility shall be issued to the applicant and a copy provided to the building services
division within seven (7) calendar days following the date of the decision of the board of
commissioners.
(j) Denial on appeal. If an appeal from a decision of the board results in denial of the
application by the board of commissioners, written notice of the decision of the board of
commissioners shall be provided to the applicant within seven (7) calendar days following
the date of the decision of the board of commissioners.
Section 5, Salina Code Section 2-212 is adopted to provide as follows:
Sec. 2-212. Stop work orders.
Whenever any work is being performed in violation of this article, or other applicable laws or
ordinances implemented through the enforcement of this article, the zoning administrator may
order the work stopped by serving written notice on any person involved in the performance of
the work or the owner of record of the property upon which the work is being performed. Any
such person or owner of record shall immediately stop the work and shall not resume the work
until the building official has determined that performance of the work is in compliance with
any applicable requirements of this article.
Section 6. Existing Salina Code Sections 2-208 through 2-211 are repealed.
Section 7. Summary of ordinance for publication. This ordinance shall be in full force and
effect from and after its adoption and publication once in the official city newspaper.
Ordinance No. 16-10824 Summary
On March 14, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10824. The ordinance
amends Sections 2-208 through 2-211 and adds Section 2-212 to the Salina Business Improvement
NDistrict Design Review Board Ordinance by setting out the requirements for submitting a certificate
of compatibility, clarifying the criteria to be used by the design review board in evaluating proposed
Wwork, expanding the notification area for design review board, and clarifying the appeals process
or design review board decisions. A complete copy of the ordinance is available at www.salina-
ks.gov or in the office of the city clerk, 300 W. Ash, free of charge. This summary is certified by
a
he city attorney.
N
C
O
U
Introduced: March 7, 2016
Passed: March 14, 2016
n *anchard,-Mayor
(SEAL)
TTEST:
Sha2'iWicksU,CMC, City Clerk
Certifi e ublication Summary:
2
, City Attorney