06-10336 Demolition in Historic District(Published in the Salina Journal on August , 2006)
ORDINANCE NUMBER 06-10336
AN ORDINANCE AMENDING CHAPTER 42 OF THE SALINA CODE BY
AMENDING ARTICLE IX, DIVISION 1, SECTION 42-464(f)(2)c.l. PERTAINING TO
z INDIVIDUAL LANDMARKS AND CONTRIBUTORY STRUCTURES WITHIN HISTORIC
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DISTRICTS.
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 42 of the Salina Code is hereby amended by amending Article
IX, Division 1, Section 42-464(f) (2)c.1. which shall read as follows:
"Sec. 42-464. Certificate of appropriateness.
(a) When certificate required. A certificate of appropriateness shall be required before the
following actions affecting the exterior architectural appearance of any landmark or property
within an historic district may be undertaken:
(1) Any construction, alteration or removal requiring a building permit from the City of
Salina;
(2) Any demolition in whole or in part requiring a demolition permit from the city;
(3) Any construction, alteration, demolition or removal affecting a significant exterior
architectural or historical feature as specified in the ordinance designating the
landmark or historic district. However, such requirement shall not apply to such
repairs and maintenance measures minimally required to prevent additional loss or
harm to the structure resulting from accidental or natural causes.
Nothing in this article shall be construed to prevent the ordinary maintenance or repair of
a structure or building.
(b) Application for certificate of appropriateness. A copy of every application for a demolition
permit or a building permit, including any accompanying plans and specifications, affecting
the exterior architectural appearance of a landmark or of a property within an historic district
will be forwarded to the heritage commission and shall initiate an application for a certificate
of appropriateness. The building inspection department shall not issue the demolition or
building permit until a certificate of appropriateness has been issued by the heritage
commission. Application for review of construction, alteration, demolition or removal not
requiring a building permit for which a certificate of appropriateness is required shall be
initiated on a form prepared by the heritage commission.
(c) Determination by heritage commission:
(1) Any applicant may request a meeting with the heritage commission before the
application is received or during the review of the application. The commission shall
consider the completed application at a regular or special meeting. To prevent
unnecessary delay in construction, the administrator may issued certificates of
appropriateness for the renovation or reconstruction of any structure when such work
substantially reproduces the existing design and is performed in the existing material.
The chairman or vice-chairman shall cosign any certificates of appropriateness issued in
this manner.
(2) The chairman of the commission may appoint a subcommittee of four (4) of its
members to review applications for a certificate of appropriateness for all types of
actions except demolitions when delay to the next regular meeting would create an
unnecessary inconvenience to the applicant. A certificate of appropriateness may be
issued prior to the next regular meeting upon the signatures of all but one (1) of the
members of that subcommittee.
(3) The commission shall review the application and issue or deny the certificate of
appropriateness within forty-five (45) days of receipt of the application. Written notice
of the decision shall be provided to the applicant and the building inspection
department within seven (7) days following the determination and shall be accompanied
by a certificate of appropriateness in the case of approval.
(d) Denial of certificate of appropriateness:
(1) A denial of a certificate of appropriateness shall be accompanied by a statement of the
reasons for the denial. The heritage commission shall make recommendations to the
applicant concerning changes, if any, in the proposed project that would cause the
commission to reconsider its denial and shall confer with the applicant and attempt to
w resolve as quickly as possible the differences between the owner and the commission.
The applicant may resubmit an amended application or reapply for a building or
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demolition permit that takes into consideration the recommendations of the
commission.
(2) Any person dissatisfied with a determination by the heritage commission concerning a
certificate of appropriateness may file an appeal to the city commission within fourteen
(14) days of the date of notification of that determination. The city commission must act
on this request within thirty (30) days of receipt and must hold a public hearing on the
appeal.
(e) Standards for review:
(1) An application for a certificate of appropriateness shall be evaluated on a sliding scale,
depending upon the designation of the building, structure, site or object in question. The
certificate shall be evaluated upon the following criteria:
a. Most careful scrutiny and consideration shall be given to applications for
designated landmarks;
b. Slightly less scrutiny shall be applied to properties designated as "contributory"
within an historic district;
C. The least stringent evaluation is applied to "noncontributory" properties of a
landmark or historic district. There shall be a presumption that a certificate of
appropriateness should be approved in this category unless the proposed
construction or demolition would significantly encroach upon, damage or destroy
the landmark or historic district. If the heritage commission denies a certificate of
appropriateness in this category, and the owner appeals to the city commission, the
burden to affirm said denial shall be upon the heritage commission and the city
commission.
(2) In considering an application for a certificate of appropriateness, the heritage
commission shall be guided by the following general standards in addition to any design
criteria in this article and in the ordinance designating the landmark or historic district:
a. Every reasonable effort shall be made to provide a compatible use for a property
that requires minimal alteration of a building, structure, site or object and its
environment, or to use a property for its originally intended purpose.
b. The distinguishing original qualities or character of a building, structure or site and
its environment shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural feature should be avoided when possible.
C. All buildings, structures and sites shall be recognized as products of their own
time. Alterations that have no historical basis and that seek to create an earlier
appearance shall be discouraged.
d. Changes that may have taken place in the course of time are evidence of the history
and development of a building, structure or site and its environment. These
changes may have acquired significance in their own right and this significance
shall be recognized and respected.
e. Distinctive stylistic features or examples of skilled craftsmanship that characterize
a building, structure or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced, wherever
possible. In the event replacement is necessary, the new material should match the
material being replaced in composition, design, color, texture and other visual
qualities. Repair or replacement of missing architectural features should be based
on accurate duplication of features, substantiated by historic, physical or pictorial
evidence rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
g. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archaeological
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resources affected by, or adjacent to, any project.
i. Contemporary design for alterations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, and such design is compatible with the
size, scale, color, material and character of the property or neighborhood.
(f) Design criteria:
(1) The purpose of the following design criteria is to encourage preservation of intact
significant properties, restoration of significant properties, restoration of significant
properties that have already undergone insensitive alterations, and new construction, as
long as such complements existing buildings and streetscapes. It is not the intention of
these criteria to discourage new architectural styles.
(2) In considering any application for a certificate of appropriateness, the commission shall
consider the standards for review listed in paragraph (e) above and the following design
criteria:
a. Alterations. Specific design criteria for exterior alterations of landmarks and
contributing properties within historic districts shall be based on the U.S. Secretary
of the Interior's Standards for Rehabilitation, as published in section 36, Code of
Federal Regulation, part 67, and as revised from time to time, and by further
reference to such specific design criteria as the commission may require for the
designation of the landmark or historic district.
b. New construction and additions to existing buildings:
11 1. The design for new construction shall be sensitive to and take into account the
special characteristics that the district is established to protect. Such
consideration may include, but should not be limited to, building scale, height,
orientation, site coverage, spatial separation from other buildings, facade and
window patterns, entrance and porch size and general design, materials,
textures, color, architectural details, roof forms, emphasis on horizontal or
vertical elements, walls, fences, landscaping and other features deemed
appropriate by the commission.
2. New buildings need not duplicate older styles of architecture but must be
compatible with the architecture within the district. Styles of architecture will
be controlled only to ensure that their exterior design, materials and color are
in harmony with neighboring structures.
C. Demolition, relocation and land surface change:
1. Demolition. In considering an application for a certificate of
appropriateness for demolition of an individual landmark or historic district
property, the Heritage Commission shall consider the architectural quality
of the existing building regardless of condition; the historic value of the
building; the feasibility of renovating and reusing the existing building; and
the quality of a new building or use, if demolition is approved. It shall be
the burden of the property owner to prove that there are no prudent or
feasible alternatives to demolition. In addition, the Heritage Commission
shall determine whether the project substantially complies with the
following standards:
(a) The demolition is required to alleviate a threat to public health and
safety;
(b) The architectural integrity of the building or structure is no longer
evident;
(c) The streetscape within the context of the individual landmark or
historic district would not be negatively affected;
(d) The demolition would not adversely affect the individual landmark or
historic district in relation to remaining surrounding buildings or
structure;
(e) The base zoning of the site is incompatible with reuse of the building
Z or structure;
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(f) The reuse plan is consistent with existing codes and ordinances for
replacement and new construction;
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(g) The property has not suffered from willful neglect, as evidenced by
the following;
1. Willful or negligent acts by the owner or tenant that leads to
deterioration of the building or structure;
2. Failure to perform normal maintenance and repairs;
3. Failure to diligently solicit and retain tenants; and
4. Failure to secure and board the building or structure if vacant.
(h) The denial of a certificate of appropriateness for demolition would
cause economic hardship as defined and determined pursuant to the
provisions of Section 42-465, Certificate of Economic Hardship.
2. Structures should not be removed from their original site. Exceptions will be
allowed only if there is substantial evidence that it would not be practical or
economical to utilize the building on its present site. If a structure lies in the path
of a public improvement project involving the City of Salina, and if the building
is worthy of preservation by virtue of its integrity, originality, craftsmanship, age
or historical significance, relocation may be considered as an alternative.
3. Substantial change of land surface within the boundaries of a landmark or historic
district should not be permitted. Exceptions will be allowed only if there is
substantial evidence that the change would not be detrimental to the historical and
architectural character of surrounding structures or landscaping.
d. Signage guidelines. The heritage commission shall receive copies of any request for
permit, appeal or variance regarding a sign to be located on a landmark or within an
historic district. The commission shall review and approve such requests under the
procedures set forth within this section for other permits, subject to the following
guidelines:
1. Signs should be designed and placed so as to appear an integral part of the
building design, in proportion to the structure and environment and to respect
neighboring properties within historic districts.
2. Obscuring or disrupting important design elements is discouraged. Signs should
be designed with appropriateness relative to the services of the establishment
served.
3. Signs should be maintained if they are determined to be an original part of the
building or if they have acquired significance by virtue of their age, design,
materials, craftsmanship or historical significance.
4. Illumination of signs should be properly shielded or diffused so as to eliminate
glare and be of a low enough wattage to not detract from or set apart the structure.
5. Descriptive signs as an integral part of the structure are encouraged. Such signs
could include building dates, historic descriptions, commemorations, etc.
6. Freestanding signs may be considered, if appropriate and necessary to preserve
the character of the landmark or historic district.
e. Accessory structures and landscaping:
Existing characteristics such as trees, walls, stairs, paving materials,
fencing, walkways and other similar structures or site features that reflect
the landmark or historic district's history and development shall be
retained.
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2. Landscaping should be appropriate to the scale and the unique features of
the landmark or historic district.
3. Accessory structures to a designated landmark or within the boundaries of
a designated historic district shall be appropriate to and compatible with
the architectural features of the primary structures. Structures accessory to
noncontributory buildings within a designated historic district shall be so
designed as to not detract from the historical or architectural character of
2 the district.
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(3) Within each of the designated categories, the design criteria will be applied more
stringently to properties of greater significance than those with lesser significance as
determined by their respective designation. The heritage commission may prepare and
adopt more specific design guidelines as it deems necessary to supplement the
provisions of this division for the review of certificates of appropriateness. The city
commission must first approve such additional design guidelines before said guidelines
shall become effective."
Section 2. That the existing Section 42-464 of the Salina Code is hereby repealed.
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:
Lieu Ann Elsey, CMC, City Clerk
Introduced: June 26, 2006
Passed: August 7, 2006
FAILED
Donnie D. Marrs, Mayor