90-9387 Heritage Conserve DistKuhnCox Printing — Selina, Kansas
(Published in The Salina Journal June ail, 1990)
ORDINANCE NUMBER 90-9387
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ARTICLE IX
OF CHAPTER 42 OF THE SALINA CODE REGARDING THE HERITAGE
CONSERVATION DISTRICT, AND REPEALING THE EXISTING ARTICLE.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 7-1 of the Salina Code is hereby amended to
read as follows:
"ARTICLE IX.
HERITAGE CONSERVATION DISTRICT
Division 1. Generally
"Section 42-456. Purpose.
The heritage conservation district is designed to
be used in conjunction with any existing zoning district.
The purposes of this district are:
(a) To identify, safeguard, and preserve the city's
historic and cultural heritage;
(b) To protect and enhance historic landmarks and
districts which represent distinctive and important
elements of the city's cultural, social, economic,
political, archaeological and/or architectural
history;
(c) To stabilize and improve property values in areas
designated as historically and/or architecturally
significant; and
(d) To enhance the attractiveness of the city to home
buyers, visitors and shoppers and thereby promote
business and tourism.
"Section 42-457. Permitted uses.
Permitted and conditional uses in the heritage
conservation district shall be the same as those otherwise
allowed in the underlying zoning district and all other
requirements of that district shall apply.
"Section 42-458. Definitions.
For the purpose of administration of this article,
the following words or terms are hereby defined. Unless
specifically defined below, words or terms in this article
shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this article its
most reasonable application.
"Section 42-458.1. Administrator - The designated
Individual assigned to administer, interpret and enforce
this ordinance; also known as the secretary for the
heritage commission.
"Section 42-458.2. Alteration - Any act or process that
changes one or more of the exterior architectural
features of a structure, including, but not limited to,
the erection, construction, reconstruction, or removal
of any structure.
"Section 42-458.3. Area - Properties, near to or adjacent to
one another, capable of being described with such
definiteness that their collective location may be
established and boundaries definitely ascertained.
"Section 42-458.4. Building - A structure, such as a
house, barn, church, hotel, courthouse, city hall,
social hall, commercial structure, library, factory, mill,
train depot, theater, school, store, or similar
construction, created to shelter any form of human
activity. The term also may refer to a small group of
buildings which constitute an historically and
functionally related unit such as a courthouse and jail,
house and barn, mansion and carriage house, church
and rectory, and farmhouse and related outbuildings.
"Section 42-458.5. Certificate of Appropriateness - A
certificate issued by the commission indicating its
approval of plans for alteration, construction, removal,
or demolition of a landmark or of a structure within an
historic district based primarily on design
considerations.
"Section 42-458.6. Certificate of Economic Hardship - A
certificate issued by the commission indicating its
approval of plans for alteration, construction, removal,
or demolition of a landmark or of a structure within an
historic district based primarily on economic
considerations.
"Section 42-458.7. City Commission - The governing body
of the City of Salina, Kansas.
"Section 42-458.8. Commission - The heritage commission of
the City of Salina, Kansas.
"Section 42-458.9. Construction - The act of adding an
addition to an existing structure or the erection of a
new principal or accessory structure on a lot or
property.
"Section 42-458.10. Contributing - A significant building,
site, structure, or object which adds to the
architectural qualities, historic association, or
archeological values of an historic district because:
(a) It was present during the pertinent historic
time;
(b) It possesses integrity and reflects its
significant historic character or is capable of
yielding important information about the
pertinent historic period; or
(c) It independently meets the standards and
criteria of this ordinance.
"Section 42-458.11. Demolition - Any act or process that
destroys in part or in whole a landmark or a structure
within an historic district.
"Section 42-458.12. Design Guideline - A standard of
appropriate activity that will preserve the historic and
architectural character of a structure or area.
"Section 42-458.13. Exterior Architectural Appearance - The
architectural character and general composition of the
exterior of a structure, including but not limited to the
kind, color, and texture of the building material and
the type, design, and character of all windows, doors,
light fixtures, signs, and appurtenant elements.
K. -C.. Printing —Salina, Kansas
"Section 42-458.14. Historic District - An area designated as
an historic district by ordinance of the City Commission
and which may contain within definable geographic
boundaries one or more significant sites, structures or
objects and which may have within its boundaries other
properties or structures that, while not of such
historic, archeological and/or architectural significance
to be designated as landmarks, nevertheless, contribute
to the overall visual characteristics of the significant
sites, structures or objects located within the historic
district.
"Section 42-458.15. Landmark - A site, structure or object
designated as a landmark by ordinance of the City
Commission, pursuant to procedures prescribed herein,
that is worthy of rehabilitation, restoration, and
preservation because of its historic, archeological
and/or architectural significance to the City of Salina,
Kansas.
"Section 42-458.16. Object - Those physical items that have
functional, aesthetic, cultural, historical or scientific
value and are relatively small in scale and simply
constructed. While an object may be, by nature or
design, movable, it should be located in a specific
setting or environment appropriate to its significant
historic use, role or character. Objects include
sculptures, monuments, street signs, fence posts,
hitching posts, mileposts, boundary markers, statuary
and fountains.
"Section 42-458.17. Owner of Record - Those individuals,
partnerships, firms, corporations, public agencies, or
any other legal entity holding title to property but not
including legal entities holding mere easements or
leasehold interests, may also be referred to as property
owner(s). Current owner(s) of record are those listed
as owners on the records of the Register of Deeds.
For the purposes of this Article, the vote of owner(s)
of record shall require the complete signature(s) of the
listed owner(s) on the records of the Register of
Deeds. For example, deeds designating joint ownership
by two individuals shall require the signature of both
individuals for a single vote to be recorded.
"Section 42-458.18. Property - An area of land, undivided
by a street, alley, railroad, stream, or similar physical
feature, under common ownership or control, which is
or will be occupied by one structure or land use, and
any accessory structures and uses. A property could
be made up of one or more lots or record, one or more
portions of a lot or lots of record, or any combination
thereof. The term shall include landscape features.
"Section 42-458.19. Removal - Any relocation of a structure
in whole or in part on its site or to another site.
"Section 42-458.20. Repair - Any change to a structure or
object that is not construction, removal, alteration or
demolition.
"Section 42-458.21. Site - The location of a significant
event, a prehistoric or historic occupation or activity,
or a building or structure, whether standing, ruined or
vanished, where the location itself possesses historic,
cultural or archeological value regardless of the value
of any existing structure. Examples of sites include
habitation sites, burial sites, village sites, hunting and
fishing sites, ceremonial sites, battlefields, ruins of
historic buildings and structures, campsites, designed
landscapes, natural features, springs, and landscapes
having cultural significance.
K,h.-Cox Printing — SW-. Kansas
"Section 42-458.22.
Structure -
Anything
constructed or
erected, the
use
of which requires
permanent or
temporary location
on or in
the ground,
including, but
not limited to
the
following:
buildings,
walls, gazebos,
signs, towers,
and
swimming
pools.
"Section 42-459. Heritage conservation survey.
The heritage commission shall cause and commit to
be undertaken a historical resources survey of the City of
Salina to identify buildings, structures, sites,
neighborhoods, and areas that may have historical, cultural,
or architectural importance or value to the community. As a
part of the survey, the heritage commission shall review and
evaluate any prior surveys and studies by any public or
private organization and compile appropriate descriptions,
facts, and photographs. All new surveys and inventories
shall utilize the inventory form and survey manual prepared
by the Kansas Historic Preservation Department.
Upon completion of the survey for all or a portion
of the city, the heritage commission shall:
(a) Identify the most significant resources with
potential for designation as a landmark or historic
district;
(b) Devise and adopt procedures to initiate and
consider the nomination of these potential
landmarks and historic districts;
(c) Prepare and adopt a heritage conservation plan
containing goals, objectives and policies to guide
decision -makers in preserving the community's
historic resources.
"Section 42-460. Salina Register of Historic Places.
(a) There is hereby established a Salina Register of
Historic Places which shall include:
(1) A description of all buildings, structures,
sites and objects designated as landmarks
pursuant to this article.
(2) A description of the boundaries of each area
designated as an historic district pursuant to
this article.
The boundaries of landmarks and historic districts
shall be recorded on the Zoning Map of the city.
A current copy of the Salina Register of Historic
Places and Zoning Map shall be kept on file in the
office of the zoning administrator.
(b) Landmarks may include any:
(1) Exterior of a structure;
(2) Property or part thereof;
(3) Landscape feature or object.
(c) Historic Districts may include two or more
structures and/or properties. Individual
buildings, sites, structures and objects within
designated historic districts shall be classified as
contributing or non-contributing.
— Sal-, K—as
Section 42-461. Nomination of landmarks and historic
districts.
Nomination may be made only by application.
Application for nomination of a site, structure, or object for
designation as a landmark or of an area for designation as
an historic district may be made by motion of the heritage
commission or City Commission; or in the case of a landmark,
by the owner of record of the nominated property or
structure; or in the case of an historic district, by
twenty-five (25%) or more of the owners of record of
property in a proposed historic district.
"Section 42-462. Criteria for designation.
The heritage commission shall, upon such
investigation as it deems necessary, make a determination as
to whether a nominated site, structure, object or area
possesses significant historical, archeological and/or
architectural qualities and thus qualifies for designation
pursuant to one or more of the following criteria:
(a) Its character, interest, or value as part of the
development, heritage or cultural characteristics of
the community, county, state, or nation;
(b) Its location as a site of a significant local, county,
state, or national event;
(c) Its identification with a person or persons who
significantly contributed to the development of the
community, county, state, or nation;
(d) Its embodiment of distinguishing characteristics of
an architectural style valuable for the study of a
period, type, method of construction, or use of
indigenous materials;
(e) Its identification as a work of a master builder,
designer, architect, or landscape architect whose
individual work has influenced the development of
the community, county, state or nation;
(f) Its embodiment of elements of design, detailing,
materials, or craftsmanship that render it
architecturally significant;
(g) Its embodiment of design elements that make it
structurally or architecturally innovative;
(h) Its unique location or singular physical
characteristics that make it an established or
familiar visual feature;
(i) Its character as a particularly fine or unique
example of a utilitarian structure, including, but
not limited to farmhouses, gas stations, or other
commercial structures, with a high level of
integrity or architectural significance;
( j) Its location as a site of prehistoric or historic
occupation or activity possessing significant
archeological value.
Any site, structure, object, or area that meets one
or more of the above criteria, shall also have sufficient
integrity of location, design, materials, and workmanship to
make it worthy of preservation or restoration.
Nuhn -Cox Printing — Salina, Kansas
"Section 42-463. Public hearing and designation.
(a) Generally. The heritage commission shall hold at
least one public hearing on each property to be
designated as a landmark or historic district at a
reasonable time and place as established by the
heritage commission. It shall hold such hearing no
later than forty-five (45) days from the date the
application is filed.
(b) Notice of hearing. At
advance of the public
designation, notice of
the official city newspa
the date, time and
contain a street addre
the nominated property
shall also send by reg
the public hearing, con
as the published notic
and all property owner
feet of the nominated I
at least twenty (20)
From time to time, as
heritage commission ma
least twenty (20) days in
hearing on the proposed
same shall be published in
per. The notice shall state
place of the hearing and
ss and legal description of
The heritage commission
ular mail a written notice of
taining the same information
e, to the owners of record
s within two hundred (200)
andmark or historic district
days prior to the hearing.
provided by its rules, the
y give such additional notice
to other persons as it desires.
(c) Conduct of hearing. The hearing, which may be
continued, shat 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 by the secretary of
the heritage commission to the owner(s) of the
affected property and any other interested person.
(d) Report and recommendation. Within thirty (30)
days after the close of the public hearing, the
heritage commission shall adopt a recommendation
to be submitted to the City Commission that the
nominated landmark or historic district does or
does not meet the criteria for designation. The
recommendation shall be accompanied by the
following information:
(1) Explanation of the significance or lack of
significance of the nominated landmark or
historic district as it relates to the criteria
for designation as set forth in Section 42-462;
(2) Explanation of the integrity or lack of
integrity of the nominated landmark or
historic district;
(3) In the case of a nominated landmark found to
meet the criteria for designation:
a) The significant exterior architectural
features of the nominated landmark that
should be protected; and,
b) The types of construction, alteration,
demolition, and removal, other than
those requiring a building or demolition
permit, that cannot be undertaken
without obtaining a Certificate of
Appropriateness.
Kuhn -Cox Printing —
(4) In the case of a nominated historic district
found to meet the criteria for designation;
a) The types of significant exterior
architectural features of the structures
within the nominated historic district
that should be protected;
b) The types of construction, alteration,
demolition, and removal, other than
those requiring a building or demolition
permit, that cannot be undertaken
without obtaining a certificate of
appropriateness;
c) A list of all contributing sites,
structures and objects within the historic
district.
(5) A map showing the location of the nominated
landmark or the boundaries of the nominated
historic district.
(e) City Commission designation.
(1) The City Commission shall consider the
application at a public hearing which may be
during a regularly scheduled meeting. The
City Commission shall not consider the
application until the period for the filing of
written protests has lapsed. Prior to that
hearing, the City Commission shall be
provided with the recommendations and record
of the proceedings before the Heritage
Commission. At the conclusion of the public
hearing, the City Commission may approve an
ordinance designating a nominated site,
structure or object as a landmark or
designating an area as an historic district.
(2) The heritage commission may recommend and
the City Commission may designate a landmark
or historic district which includes a portion of
the structures and/or properties under
consideration and described in any notice.
(3) The heritage commission may recommend and
the City Commission may amend or rescind
designation of a landmark or historic district
in the same manner and procedure as is
followed in a designation of a landmark or
historic district.
(4) In the case of a denial of landmark
nomination, subsequent nomination attempts
shall not occur within one (1) year or without
a change of ownership of the property,
whichever occurs first. A subsequent
nomination of an historic district may not be
made within one (1) year unless there has
been a substantial reconfiguration of the
proposed nominated district.
(f) Notice of designation.
(1) The administrator shall forward notice of
designation of any landmark or historic
district approved by the City Commission to
the Kansas State Historical Society.
K,h,-Cox Printing — Salina, Kansas
(2) Within seven (7) days after approval of such
an ordinance, the Administrator shall notify
in writing the owner of each structure or
property designated as a landmark or
included within an historic district. The
administrator shall also notify the city
building official of the designation.
(3) The designation of a landmark or historic
district shall in no way alter the uses
permitted by the existing zoning classification
or district of the properties so designated.
A desire to change permitted uses shall
require the filing of an application requesting
a zoning change as provided by the Zoning
Ordinance of the City of Salina.
(g) Designation protest procedures.
(1) Protest of landmark designation - A protest of
any landmark nomination may be filed with the
City Clerk any time within fourteen (14) days
following the conclusion of the heritage
commission's public hearing on the nomination.
The protest shall be executed in writing by
the owner(s) of record of the nominated
landmark. The City Clerk shall provide a
protest form upon request. Upon submittal of
a valid protest petition, it shall be forwarded
to the City Commission. Such property may
be designated a landmark only by a
three-fourths (3/4) favorable vote of all the
members of the City Commission.
(2) Protest of historic district designation by
property owner within proposed district - The
consent of a majority of the owners within a
proposed historic district shall be required
for the City to designate an historic district.
Owners of a property within a proposed
District shall be given thirty (30) days within
which to file written consents or objections to
the inclusion of their property in the
proposed district. The said thirty (30) days
shall commence upon the conclusion of the
public hearing before the heritage commission.
Owners of property shall be entitled to one
vote for each taxable property of which they
are the owner of record as acknowledged by
the records of the Register of Deeds of Saline
County, Kansas. If a property owner fails to
respond as set forth herein, they shall be
deemed to have consented to the inclusion of
their property in the proposed district. If a
majority (51% or more) of the owners within a
proposed historic district file a written
protest against the inclusion of their property
in the proposed historic district then the City
Commission shall deny the application
nominating the area as an historic district.
If thirty-five percent (35%) or more of the
owners of property within a proposed historic
district file a written protest against the
inclusion of their property in the proposed
historic district, then the City Commission
may adopt an ordinance designating the
proposed area as an historic district only
upon the affirmative vote of three-fourths
(3/4) of all the members of the City
Commission.
Ku -C , Printing — S,I,,,, Kansas
Section 42-464. Certificate of appropriateness.
(a) When certificate required. A certificate of
appropriateness shal I 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 of Salina;
(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
issue 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.
Kuhn -Cox Printing — Salina, Kansas
(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 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
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 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 "non-contributory" 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;
Kinn-Gow Printing — Salina. Kansas
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
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 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
(e) above and the following design criteria:
a) Alterations.
1) 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 Kehabilitation, as
published in Sectio -n ---JT,- 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 uildings.
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,
Kuhn -Cox Printing — Sal—, Kansas
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 insure that
their
exterior design, materials,
and
color are in harmony
with
neighboring structures.
c) Demolition, relocation and land surface
change.
1) Demolition in whole or in part of
individual landmarks or any
contributory structure within an
historic district shall ordinarily not
be permitted. Exceptions are
allowed only if a structure has been
substantially damaged through fire,
windstorm, flood or deterioration,
and if there is reasonable proof
that it would not be economically or
physically feasible to rehabilitate.
Other exceptions may be allowed if
a structure does not possess the
integrity, originality,
craftsmanship, age or historical
significance to merit preservation.
However, demolition of past
additions which have not gained
historical significance and which
have disguised or sheathed original
elements or facades are encouraged,
as long as the intention is to
restore such elements or facades.
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.
Kuftn-Cox Printing — Salina. Kansas
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) Free-standing signs may be
considered, if appropriate and
necessary to preserve the character
of the landmark or historic district.
e) Accessory structures and landscaping.
1) 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.
2) Landscaping should be appropriate
to the scale and the unique features
of the landmark or historic district.
Kuhn -Cox Printing — Salina, Kansas
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
non-contributory
buildings within a
designated historic
district shall be
so designed as
to not detract from
the historical
or architectural
character of the
district.
(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 ordinance
for the review of certificates of
appropriateness. The City Commission must
first approve such additional design
guidelines before said guidelines shall become
effective.
"Section 42-465. Certificate of economic hardship.
(a) Purpose.
A certificate of economic hardship serves as an
alternative to and wherever a certificate of appropriateness
would otherwise be required. The purpose of the certificate
of economic hardship is to provide relief where the
application of this article would otherwise impose undue
hardship.
(b) Application for certificate.
Application for a certificate of economic hardship
shall be made on a form prepared by the heritage
commission. Such application may be made in conjunction
with or separately from an application for, or upon the
denial of a certificate of appropriateness. The commission
shall hold a public hearing concerning such applications
within thirty (30) days of receipt of application.
The administrator shall assist all applicants in the
preparation of applications for certificates of economic
hardship. Every reasonable effort shall be made to limit the
costs to the applicant and to assure efficient processing of
the application. The commission shall require the submission
of financial documents, professional reports, and expert
testimony only when they are necessary to review an
application.
The commission may solicit expert testimony or
request that the applicant for a certificate of economic
hardship make submissions concerning any or all of the
following information before it makes a determination on the
application:
( 1) Estimate of the cost of the proposed
construction, alteration, demolition or
removal, and an estimate of any additional
cost that would be incurred to comply with
the recommendations of the commission for
changes necessary for the issuance of a
certificate of appropriateness;
Kinn -C , Printing — Salina, Kansas
( 2) A report from qualified or bonded persons
with experience in rehabilitation as to the
structural soundness of any structures on the
property and their suitability for
rehabilitation;
( 3) Estimated market value of the property in its
current condition, after completion of the
proposed construction, alteration, demolition,
or removal, and after any changes
recommended by the commission; and, in the
case of a proposed demolition, after
renovation of the existing property for
continued use;
( 4) In the case of a proposed demolition, an
estimate from an architect, developer, real
estate consultant, appraiser, or other real
estate professional experienced in
rehabilitation as to the economic feasibility of
rehabilitation or reuse of the existing
structure on the property;
( 5) If the property is income-producing, the
annual gross income from the property for the
previous two years; itemized operating and
maintenance expenses for the previous two
years, and depreciation, deduction and annual
cash flow before and after debt service, if
any, during the same period;
( 6) Remaining balance on any mortgage or other
financing secured by the property and annual
debt service, if any, for the previous two
years;
( 7) All appraisals obtained within the previous
two years by the owner or applicant in
connection with the purchase, financing, or
ownership of the property;
( 8) Any listing of the property for sale or rent,
price asked and offers received, if any,
within the previous two years;
( 9) Assessed value of the property according to
the two most recent assessments;
(10) Real estate taxes for the previous two years;
(11) Form of ownership or operation of the
property, whether sole proprietorship, for
profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(12) Any other information considered necessary
by the Commission to a determination as to
whether the property does yield or may yield
a reasonable return to the owners.
(c) Determination.
The commission shall review all the evidence
and information required of an applicant for a
certificate of economic hardship and make a
determination within forty-five (45) days of receipt
of the application whether the denial of the
application will deprive the owner of the property
of reasonable use of, or reasonable economic
return on, the property. Written notice of the
determination shall be provided in the same manner
as notification of a determination concerning a
certificate of appropriateness.
K.h,-Cox Printing — Sabina, Kansas
(d) Appeal.
Any person dissatisfied with a determination
by the heritage commission concerning a certificate
of economic hardship 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 matter.
"Section 42-466. Property owned by public agencies.
In the City of Salina, many of the historically and
architecturally significant buildings, sites, structures, and
objects are owned by government entities. The preservation
of such buildings, sites, structures and objects is
established as national policy in the National Historic
Preservation Act of 1966, as amended. The Kansas Historic
Preservation Act, as amended, declares that the historical,
architectural, archeological, and cultural heritage of Kansas
is an important asset of the state and that its preservation
and maintenance should be among the highest priorities of
government. To accomplish the adopted policies of the
federal and state governments and to accomplish the
purposes of this Chapter, the following regulations promote
the preservation of publicly -owned historically and
architecturally significant buildings, sites, structures, and
objects.
(a) For properties in the City
of Salina, the City
Commission may authorize
the submittal of an
application to list a building, site, structure,
object, or district owned by
a unit of government,
on the Kansas or the National Register of Historic
Places. The authorization of the pertinent unit of
government, if other than
the City of Salina,
should be obtained before
submittal of such an
application if required by
applicable state or
federal law and regulations.
(b) To further the purposes of this Chapter, the City
may enter into agreements with other units of
government. The City shall specifically seek to
negotiate an agreement with the State Historic
Preservation Officer whereby the State delegates
certain responsibilities to the City including, but
not limited to, the review of building and/or
demolition permit applications. The Commission
may recommend and the City Commission shall
authorize in behalf of the City, entering into such
agreements. Such agreements may address:
(1) Designation of landmarks and historic
districts;
(2) Administration or the use of preservation
fund resources;
(3) Improvements to landmarks or properties in
historic districts, and properties adjacent to
landmarks or historic districts;
(4) Demolition and clearance of all or a portion of
landmarks, properties in historic districts,
and properties adjacent to landmarks or
historic districts;
(5) Efforts to encourage the maintenance of
landmarks and properties in historic districts;
(6) Other mutually acceptable provisions.
(c) Proposed improvements to a building, site,
structure, or object, owned by the City
(designated as a landmark or located in an historic
district) , shall be reviewed and approved
according to the procedures and regulations listed
herein. Proposed demolition and/or clearance of a
building, site, structure, or object, owned by the
City of Salina (designated as a landmark or located
in an historic district) , shall be reviewed and
approved according to the procedures and
regulations listed herein.
"Section 42-467. Exceptions.
Exceptions to the Building Code of the City of
Salina may be available to owners of landmarks and buildings
within historic districts as set forth in Section 104 of the
Building Code.
"Section 42-468. Minimum maintenance requirement.
All real property, and any building, structure, or
utility thereon designated as an historic landmark or located
within an historic district, whether owned or controlled
privately or by any public body, shall receive reasonable
care, maintenance and upkeep appropriate for its protection,
preservation, enhancement, perpetuation, or use in
compliance with the terms of this article and the applicable
codes of the City of Salina, Kansas.
"Sections 42-469 - 42-470. Reserved."
Section 2. That the existing Article IX of Chapter 42 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.
Introduced: June 18, 1990
Passe June 25, 1990
Robert E. Franc, Ma
[SEAL)
ATT -ES -T:
Jacqueline Shiever, City Clerk