97-9789 Zoning Regulations(Published in The Salina Journal February.Z1, 1997)
ORDINANCE NUMBER 97-9789
AN ORDINANCE PROVIDING FOR THE ADDITION OF SECTION
42-469 TO CHAPTER 42 OF THE SALINA CODE PERTAINING TO HERITAGE
CONSERVATION DISTRICTS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
as follows: Section 1. That Section 42-469 of the Salina Code is hereby added to read
"Section 42-469. Purpose.
The conservation district is designed as an overlay district to
supplement designated historic landmarks and districts and may be
used in conjunction with any existing zoning district. The purpose
of the conservation district is to:
(a) Develop and maintain the appropriate environment for
buildings, structures, sites and areas that reflect varied
planning and architectural styles and distinguished
phases of Salina's history;
(b) Maintain and enhance the many private and public
elements that are unique to the fabric, theme and
character of each neighborhood and area, including but
not limited to; lighting, pathways, street trees, natural
areas and other features that may, from time to time, be
identified by the citizens and property owners of
neighborhoods, areas and subsections thereof,
(c) Abate the removal and demolition of historic structures,
and cultivate civic pride in the accomplishments of the
past; and
(d) Retain and enhance those properties which contribute to
the character of the conservation district and to
encourage their adaptation for appropriate use.
"Section 42-469.1. Definitions.
Conservation District. An area designated as a conservation district
by ordinance of the City Commission which may contain within
definable geographic boundaries significant sites, structures or
objects that, while not of such historic, archeological and/or
architectural significance to be designated landmarks or in
combination designated an historic district, nevertheless, contribute
to the overall visual characteristics of the significant sites, structures
or objects located within the conservation district.
.Significant Resource. A site, building, structure, or object identified
as possessing historic, archeological and/or architectural significance
in the Salina, Kansas Historic Resources Survey Part II, published
June 30, 1985, for the Salina City Heritage Commission.
"Section 42-469.2. Heritage Commission powers and duties
within conservation districts.
It is intended that the heritage commission will review
development within the conservation district in order to maintain
underlying and desirable characteristics of structures and areas
within such districts, while recognizing the need for innovation and
individual expression in the development of these districts. In
carrying out this mission, the commission shall have the following
powers and duties within conservation districts:
(a) To review applications for demolition or relocation of
identified significant resources contained within the
conservation district(s);
(b) Approve, conditionally approve or deny demolition or
relocation of identified significant resources contained
within the conservation district(s) requiring a building
permit through the issuance or denial of certificates of
appropriateness; or
(c) To review any programs being considered by the city
commission that are designed to stimulate preservation
and rehabilitation of structures and properties, and to
review any proposed action or development utilizing
these programs.
"Section 42-469.3. Conservation district designation or recision.
An area may be designated or rescinded as a conservation
district by the City Commission upon recommendation of the
heritage commission.
Criteria and procedures for nomination and designation of a
conservation district are as described in Sections 42-461 thru 463
Heritage Conservation District Ordinance 90-9387 adopted June
1990.
"Section 42-469.4. Certificate of appropriateness.
A certificate of appropriateness shall be required before any
demolition or relocation is undertaken upon any identified
significant resource in the conservation district. Application
procedures are as follows:
(a) No demolition or moving permit shall be issued within
the conservation district, affecting an identified
significant resource, until a certificate of appropriateness
has been issued by the heritage commission.
(b) Application and review procedures for proposals
affecting identified significant resources located within
the conservation district are set forth in Section 42-464,
Certificate of Appropriateness.
"Section 42-469.5. Standards for certificates of appropriateness.
(a) In considering an application for a certificate of
appropriateness the heritage commission shall be guided
by the criteria set forth in Sec. 42-464 and the following
criteria.
(b) Relocation. In considering an application for a certificate
of appropriateness for relocation of an identified
significant building or structure, the heritage commission
shall determine whether the project substantially
complies with the following standards:
(1) The proposed relocation will avoid demolition of
the building or structure;
(2) The proosed relocation will not diminish the
historical or architectural significance of the
building or structure or the physical integrity and
historical associations of the conservation district;
(3) The proposed relocation will not have a detrimental
effect on the structural soundness of the building or
structure.
(4) The relocation will be performed by a professional
building mover and the project complies with
existing city ordinances for moving a building or
structure.
(c) Demolition. In considering an aplication for a
certificate of appropriateness for demolition of an
identified significant building or structure, the heritage
commission shall determine whether the project
substantially complies with the following standards:
(l) The demolition is required to alleviate a threat to
public health and safety.
(2) The architectural integrity of the building or
structure is no longer evident;
(3) The streetscape within the context of the
conservation district would not be negatively
affected;
(4) The demolition would not adversely affect the
conservation district in relation to remaining
surrounding buildings or structures;
(5) The base zoning of the site is incompatible with
reuse of the buildings or structure;
(6) The reuse plan is consistent with existing codes and
ordinances for replacement and new construction;
(7) The property has not suffered from willful neglect,
as evidenced by the following;
a. Willful or negligent acts by the owner or
tenant that leads to deterioration of the
building or structure;
b. Failure to perform normal maintenance and
repairs;
C. Failure to diligently solicit and retain tenants;
and
d. Failure to secure and board the building or
structure if vacant.
(8) The denial of a certificate of appropriateness for
demolition would cause an economic hardship as
defined and determined pursuant to the provisions
of Section 42-465 Certificate of Economic
Hardship.
(d) Upon makingfindings that the standards set out above
are not suffciently met, the heritage commission may
deny the certificate of appropriateness or defer a decision
for relocation or demolition for up to one (1) year during
which the applicant must conduct a bona fide effort to
preserve the building or structure. The one-year period
shall begin only when the bona fide effort has
commenced. A bona fide effort shall consist of all of the
following actions:
a. Marketing the property for sale or lease;
b. Filing an application for alternative f indin sources
for reservation, such as Neighborhood
Revitalization Act, etc;
C. Filing an application for alternative uses if
available or feasible, such as rezoning or
conditional uses, etc.; and
d. Obtaining written statements from licensed building
contractors or architects detailing the actual costs to
rehabilitate the property.
Upon the completion of the one(1) year period and if the
applicant provides evidence of a bona fide preservation effort, the
heritage commission shall make a final decision for a certificate of
appropriateness for relocation or demolition.
"Section 42-469.6. Exceptions of Certificate of Appropriateness
for Demolition of Hazardous Structures.
A hazardous structure shall be exempt from the provisions
governing demolition if the Building Official determines, in writing,
that the structure currently is an imminent hazard to public safety.
"Section 42-469.7. Application Requirements for Certificates of
Appropriateness in Conservation Districts.
Applications for certificates of appropriateness shall be made
on a form provided by the City Planning office, and shall include the
information and material as set forth in Section 42-464.
ComdA.edW.
"Section 42-469.8. Appeals.
All decisions of the Heritage Commission including deferrals
may be appealed to the City Commission pursuant to the provisions
of Section 42-464.
Section 2. That this ordinance shall be in full force and effect from and after
its adoption and publication once in the official city newspaper.
Introduced: February 10, 1997
Passed: February 17, 1997
SEAL Z�A? O`er
ATTEST: Evelyn Maxwell, Mayor
acl1.
Ju y D. Lon , MC, City erk