8760 Create Heritage Conservation DistrictORDINANCE NUMBER 8760
(Published in The Salina Journal �e.,,a.�..� 26 , 1979)
AN ORDINANCE PROVIDING FOR A HERITAGE CONSERVATION DISTRICT, DEFINING
THE PURPOSE, ESTABLISHING A HERITAGE COMMISSION, DEFINING THE COMMISSION
MEMBERSHIP, TERM OF OFFICE; PRESCRIBING THE HERITAGE CONSERVATION PLAN; PROVIDING
FOR A PUBLIC HEARING AND CERTIFICATE OF APPROPRIATENESS REVIEW; ESTABLISHING THE
PROCEDURE FOR THE DEMOLITION OR REMOVAL OF HERITAGE LANDMARKS; AMENDING ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER 36 OF THE SALINA CODE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 36 of the Salina Code is hereby amended by
adding the following sections:
"ARTICLE VIIIa. HERITAGE CONSERVATION DISTRICT
"Section 36-8a00. Purpose.
The Heritage Conservation District is designated to be
used in conjunction with any existing zoning district. The
purposes of this district are:
1. To safeguard the city's historic and cultural heritage;
2. To protect and enhance historic landmarks which represent
distinctive and important elements of the city's cultural,
social, economic, political, natural, archaeological
and/or architectural history;
3. To stabilize and improve values in areas having culturally,
socially, economically, politically, naturally, archaeologically,
and/or architecturally significant properties.
"Section 36-8a01. Permitted uses.
All permitted and conditional uses in the underlying
district and all other requirements of that zoning district
shall apply.
"Section 36-8aO2. Heritaqe Commission.
The Heritage Commission is hereby created, whose purposes
will be to inventory, promote, list, record, protect, preserve
and enhance places, areas, features or sites within the City
of Salina that have special significance in the architectural,
archaeological, cultural or historical sense. The Commission
shall also advise the City Commission and other groups concerning
preservation of the City's historic and cultural heritage.
"Section 36-8aO3. Commission membership.
The Heritage Commission shall consist of seven (7) members,
all of whom must reside within the city limits, to be appointed
by the City Commission. The membership of the commission
shall include, but not be limited to, one architect, one
member of the real estate profession, one City Planning
Commissioner, one representative of the Saline County
Historical Society, one trained historian or archaelogist,
if available, and two (2) or three (3) other individuals that
the City Commission may wish to consider.
"Section 36-8a04. Terms of office.
Appointments to the Heritage Commission shall be for a
term of three years. Three (3) members of the first commission
shall serve for three (3) years, two (2) members shall serve
for two (2) years and two (2) members shall serve for one (1)
year. Thereafter, all members shall serve for three (3)
years. The members shall serve without compensation except
for necessary expenses sustained in carrying out their
official duties. Said expenses shall be paid by the City of
Salina as authorized by the City Commission.
"Section 36-8a05. Commission officers.
The Heritage Commission shall annually elect, from its
membership a chairman and vice-chairman, whose terms of office
shall be one year. The Heritage Commission shall appoint a
secretary from the City Planning Department, who shall keep a
record of all minutes, resolutions and proceedings and other
actions of the commission. All vacancies shall be filled by
the City Commission. Four (4) members present shall constitute
a quorum, and issues shall be decided by a majority vote of
the members present. The minutes of each meeting shall be
filed in the office of the City Clerk.
"Section 36-8a06. Financial support.
The Heritage Commission may accept donations, grants, and
other financial assistance from any public body or any agency,
including but not limited to, the City of Salina, the County
of Salina, the State of Kansas, and any of its agencies, and
from any private individual or groups for the purpose of
carrying out the functions, powers, and duties of the Heritage
Commission, including property acquisition and renovation.
These funds shall be utilized exclusively for Heritage Conservation
purposes and shall be kept in a separate account requiring
Heritage Commission and City approval for utilization. The
Heritage Commission may, with the approval of the City Commission,
enter into agreements and contracts with the public or private
consultants for the purpose of assisting the Heritage Commission
in carrying out its functions, duties and powers.
"Section 36-8a07. Heritage Conservation Plan.
The Heritage Commission shall thoroughly familiarize
itself with the buildings, structures, land, areas and districts
within the city which may be eligible for designation as
heritage landmarks. Upon completion of such study by the
Heritage Commission, a Heritage Conservation Plan shall be
prepared.
A. The Heritage Conservation Plan shall address the
following items:
1. Inventory buildings, structures, land and areas
of historical, architectural, archaeological or
cultural value, along with statements of fact
which verify their significance;
2. Evaluate all districts against the criteria
utilized in the National Register of Historic
Places. Properties in those districts which
meet the National Register Criteria shall carry
the zoning designation "HC -NR" (Heritage Conservation
National Register). Properties contained in
districts which could qualify for incentives
under the Tax Reform Act of 1976 shall utilize
the criteria designated by the Act.
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3. Identify criteria to be used in determining
whether certain buildings, structures, land,
areas, and districts should be designated as
Historic Landmarks, employing in said criteria
consideration of integrity of location, design,
setting, materials, workmanship and historic
association. Cemeteries, birthplaces or graves
of historical significance, structures which
have been moved from their original locations,
reconstructed historic buildings, properties
primarily commemorative in nature and properties
which have achieved significance within the
past 50 years shall not be considered eligible,
unless they are integral parts of districts
which do meet the criteria to be established in
the Heritage Conservation Plan, or if they fall
in the following special categories:
a. A religious property deriving primary
significance from architectural or artistic
distinction or historical importance; or
4.
5.
b. A building or structure removed from its
original location but which is significant
primarily for architectural value, and/or
association with a historic person or
event; or
A birthplace or grave of a historical
figure of outstanding importance if there
is no other appropriate site of building
directly associated with his productive
life; or
d. A cemetery which derives its primary
significance from graves of persons or
transcendent importance, from age, from
distinctive design features, or from
association with historic event; or
e. A reconstructed building when accurately
executed in a suitable environment and
presented in a suitable environment and
presented in a dignified manner as a part
of the Heritage Conservation Plan, and
when no other building or structure with
the same association has survived; or
f. A property primarily commemorative in
interest if design, age, tradition or
symbolic value has invested it with its
own historical significance; or
g. A property achieving significance within
the past 50 years if it is of exceptional
importance.
Identify guidelines to be used in the determination
of whether to grant or deny Certificates of
Appropriateness (See Section 36-8a09) for
proposed alterations to the exterior of a
designated historic landmark.
Formulate criteria to be utilized in the selection
and evaluation of work to be done on natural
sites.
6. Formulate a program for private and public
action which will state the role of various
city agencies in the conservation and restoration
activities and for acquisitions. This program
is to include federal, state, municipal,
private and foundation activities and funding
sources.
7. Recommend incentives for Heritage Conservation
to the City Commission.
B. The Heritage Conservation Plan and any subsequent
amendments shall be presented to the Salina City
Planning Commission for inclusion in the Comprehensive
Plan and for informational purposes.
C. The Heritage Commission shall, through the Heritage
Conservation Plan, recommend to the City Commission
that certain buildings, structures, land areas
and/or districts in the city be designated a Heritage
Conservation Landmark. A two-thirds majority vote
of the Heritage Commission shall be necessary to
recommend designation of a structure or property as
a Heritage Landmark. Designation as a Heritage
Landmark may be either at the property owner's
request or the designation may be recommended for
placement on the property without consent provided
that the property owners were notified and given an
opportunity to comment thirty (30) days in advance
of the Heritage Conservation Hearing. The recommendation
shall include:
1. A legal description of those properties to be
designated.
2. Identification of historic materials and/or
features important to the preservation of the
premises within the said designated building,
structures, land areas and/or districts.
D. If the Heritage Commission finds that certain buildings,
structures, land areas, or districts cannot be
preserved without acquisition, a recommendation
shall be made to the City Commission that fee title
or lesser interest in the property be acquired by
gift or purchase, using funds or facilities available
for preservation or restoration.
E. If the Heritage Commission finds that certain buildings,
structures, or land cannot be preserved without a
change in use, a recommendation shall be made to the
Planning Commission or the Board of Zoning Appeals,
whichever is appropriate.
F. Annually, the Heritage Commission shall review the
status of the designated Heritage Landmarks and/or
district and include, in the Heritage Commission
minutes, a report of such review. Said report shall
be submitted to the City Commission within thirty
(30) days of its completion.
"Section 36-8aO8. Public hearing.
The Heritage Commission shall hold a public hearing on
each tract to be designated as a Heritage Conservation Landmark
at a reasonable time and place as established by the Heritage
Commission. It shall hold such hearing within forty-five (45)
days from the date the application is filed or within thirty
(30) days from the notification of the property owner of the
proceedings in effect.
A. Notice of Hearing. The Heritage Commission shall
hold at least one public hearing on the proposed
designation, twenty (20) days notice of which shall
be published in the official city newspaper stating
the date, time and place of the hearing, and containing
a statement regarding the proposed amendments. The
Heritage Commission shall also mail a written notice
of the public hearing, containing the same information
as the published notice to the owners of all property
within two hundred feet (200') of the boundaries of
the tract at least twenty (20) days prior to the
hearing. From time to time, as provided by its
rules, the Heritage Commission may give such additional
notice to other persons as it desires.
B. Conduct of Hearing. The hearing shall be conducted
and a record of the proceedings shall be preserved
and filed in the Office of the City Clerk. Any
person or party may appear and be heard at the
hearing in person, by agent, or by attorney. The
Heritage Commission may request a report from any
government official or agency or any other person,
firm or corporation. If such report is made, a copy
thereof shall be made available in the office of the
Heritage Commission to the owner of the affected
property and any other interested person.
"Section 36-8aO9. Certificate of appropriateness review.
A. No work for which a building permit is necessary
shall commence which would alter the integrity of
any portion of a designated Heritage Landmark controlled
by the Heritage Conservation Plan until such time as
a Certificate of Appropriateness has been issued by
the Heritage Commission. Owners of designated
Heritage Landmarks are encouraged to contact the
Heritage Commission prior to commencing any work on
the exterior of designated landmarks. In any emergency
situation the secretary of the Heritage Commission
shall be empowered to authorize emergency repairs to
a designated Heritage Landmark without the authorization
of the Heritage Commission.
B. Design standards for exterior alterations of existing
Heritage Landmarks shall be "The Secretary of Interior's
Standards for
Historic Preservation Projects".
C. When applying
shall forward
for such a Certificate, the applicant
copies of all detailed plans, elevations,
perspectives,
specifications and/or other documents
pertaining to
the work to the Heritage Commission.
The Secretary
to the Heritage Commission shall then
distribute the
plans to and solicit comments from
any city departments,
organizations or companies
affected.
D. The deadline for filing for Certificates of
Appropriateness shall be fourteen (14) days prior to
the public meeting at which the Heritage Commission
shall consider the application.
E. Upon review of the application, the Heritage Commission
shall determine whether the proposed work is in
compliance with the Heritage Conservation Plan and
if the proposed work will adversely affect any
historical, architectural, archaeological or cultural
feature of the Heritage Landmark. The Heritage
Commission shall also determine if the proposed work
is appropriate and consistent with the spirit and
intent of this ordinance. The Heritage Commission
shall approve or disapprove the application within
forty-five (45) days of the first meeting at which
the application was considered. The Secretary of
the Heritage Commission shall immediately notify the
applicant and the Building Inspector of the Heritage
Commission's action and if warranted issue a Certificate
of Appropriateness to the Building Inspector with a
copy to the applicant.
F. In the event that the Heritage Commission votes to
deny the application for a Certificate of Appropriateness,
the applicant shall have the right to appeal their
decision to the City Commission. The applicant
shall have a maximum of fourteen (14) days to file
the appeal. The City Commission shall then, through
the Secretary to the Heritage Commission, contact
the State Historic Preservation Officer and obtain a
written report from him on the effect of the issuance
of a Certificate of Appropriateness for the work
proposed by the applicant on the historic integrity
of the property or structure. Within forty-five
(45) days of the appeal, the City Commission shall
then make a decision.
G. If no action has been taken by the Heritage Commission
within said forty-five (45) days the Secretary of
the Heritage Commission shall issue upon demand a
Certificate of Appropriateness to the Building
Inspector with a copy to the applicant.
H. No major change shall be made in the proposed work
after the issuance of a Certificate of Appropriateness
without re -submittal to the Heritage Commission, and
approval thereof, in the same manner as provided
above.
"Section 36-8a10. Demolition or removal of heritage landmark.
If an application is received by the Building Inspector
for the demolition or removal of any designated Heritage
Landmark, the Heritage Commission shall hold a public hearing
within forty-five (45) days after the application is originally
filed to determine the appropriateness of the demolition, and
a recommendation forwarded to the City Commission. Notice of
said public hearing shall be placed in the official city
newspaper at least ten (10) days prior to the public hearing.
The Heritage Commission shall consider the state of repair of
the building, the reasonableness of the cost of restoration,
taking into account the purpose of preserving the designated
Heritage Landmark, the character of the neighborhood and all
other factors which it finds appropriate. The Heritage Commission
may determine that, in the interest of preserving historical
values, the structure should not be demolished or removed and,
in that event, the application be suspended for a period of
ninety (90) days. This period of time shall be utilized to
attempt to reach a compromise which would allow the structure
to remain intact and may not be reduced. Within the suspension
period, upon advice of the Heritage Commission, after notice
to the applicant, public hearing and upon determination that
there are reasonable grounds for preservation, the City Commission
may extend the suspension period for an additional period not
to exceed ninety (90) days. During the peropd of suspension
of the applicant, no permit shall be issued for such demolition
or removal, nor shall any person demolish or remove the building
or structure. If no action is taken by the City Commission
within 225 days from the date of application the demolition
permit shall be issued upon demand and the Building Inspector
shall so advise the applicant.
"Sections 36-8all - 36-8a99. Reserved."
Section 2. This ordinance shall be in full force and effect from and
after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
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D. L. Harrison, City Clerk
Introduced: November 5, 1979
Passed: November 19, 1979
Karen M. Graves, Mayor