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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