ORDINANCE NUMBER 24-11230
AN ORDINANCE AMENDING AND REPEALING THE EXISTING SALINA CODE SECTIONS 2-206 THROUGH 2-211, INCLUSIVE, AND ADDING SECTION 2-212, ALL PERTAINING TO THE SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1 DESIGN REVIEW BOARD.
WHEREAS, by Ordinance Number 16-10824, the board of city commissioners adopted amendments to Salina Code sections 2-208 through 2-211, inclusive, and added section 2-212, in order to clarify the circumstances under which a Certificate of Compatibility would be issued; and
WHEREAS, by Ordinance Number 17-10907, the board of city commissioners adopted amendments to, inter alia, Salina Code sections 2-200, 2-201, 2-206, 2-207, and 2-208, in order to rename the “Lee District” to the “Salina Business Improvement District Number 1”; and
WHEREAS, it has become apparent that the base document used for the amendments set out in Ordinance Number 17-10907 was Salina Code Chapter 2, Article X, prior to the amendments adopted by Ordinance Number 16-10824; and
WHEREAS, the board of city commissioners seeks to clarify that applications for certificates of compatibility that are consistent with and advance the intent of the Design Guidelines for Downtown Salina, as approved and amended from time to time (“Design Guidelines”), per se support one or more of the following findings, such that “any of the following findings can be made”:
(1) The general design, material and color of the proposed construction or change present an aesthetically pleasing overall image;
(2) Environmentally harmful effects caused by the clash of contemporary materials with those of older origin, are avoided;
(3) The distinguishing original qualities or character of a building, structure or site and its environment are not to be destroyed and the removal or alteration of any historical material or distinctive architectural features is avoided where possible;
(4) The proposed use of banners, awnings, or canopies incorporates the use of appropriate materials, colors and graphics, and is compatible with the overall building design;
(5) Any proposed demolition includes appropriate grading and landscaping of the building site in a manner compatible with the adjoining buildings and streetscape; and
WHEREAS, the board of city commissioners finds that the removal of the specific findings from Section 2-208 will clarify the board of city commissioners’ longstanding intent that the design review board oversee the implementation of the Design Guidelines; and
WHEREAS, the board of city commissioners seeks to clarify that work that is not addressed by the Design Guidelines is not subject to the design review process or the certificate of compatibility requirement; and
WHEREAS, the board of city commissioners seeks to clarify that, in order to preserve resources, the design review board will not hear applications for certificates of compatibility for work that is not exempt from and cannot be approved under the Salina Code, if such review would be a futile expenditure of city and volunteer resources; and
WHEREAS, the board of city commissioners seeks to provide additional clarifications throughout Salina Code Chapter 2, Article X.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. Section 2-206 of the Salina Code is amended to read as follows:
Sec. 2-206. Purpose.
The purpose of the board shall be:
- To advise and make recommendations to the board of city commissioners or Salina Business Improvement District Number 1 board of advisors on such matters as, from time to time, may be referred to the board.
- To protect and enhance the exterior appearance of property located within the Salina Business Improvement District Number 1 by regulating, according to proper architectural principles, the design, use of materials, finished grade lines, and orientation of new building construction and the alteration, improvement, repair, or demolition of existing buildings through the issuance of certificates of compatibility when proposed plans and specifications warrant, as determined by applying the Design Guidelines for Downtown Salina, as approved and amended from time to time by resolution of the governing body.
- Through administrative staff, to issue notice of decision on signage and other matters referred by other duly constituted city boards, commissions, committees, and city departments.
Section 2. Section 2-207 of the Salina Code is amended to read as follows:
Sec. 2-207. Certificate of compatibility.
(a) No person shall perform or cause to be performed any work to:
(1) Construct; demolish; or change the existing exterior design, material, color, texture, finish, or appearance of any building or any other improvement to real property in the Salina Business Improvement District Number 1; or
(2) Introduce, change, substitute, or remove any physical feature affecting the appearance of real property in the Salina Business Improvement District Number 1;
without first applying for and obtaining a certificate of compatibility, subject only to the exclusions outlined in subsection (b).
(b) A certificate of compatibility shall not be required:
(1) If the work includes only routine maintenance and results in no change to the existing design, material, color, texture, finish, or appearance of a building or other improvement to real property; or
(2) If circumstances warrant authorization of emergency repairs of a pre-approved nature and scope, in the sole discretion of the building official; or
(3) If the zoning administrator determines that the work involves construction, exterior changes, or improvements for which there are no applicable guidelines set out in the Design Guidelines for Downtown Salina, as approved and amended from time to time by resolution of the governing body (“Design Guidelines”); or
(4) The zoning administrator determines that the work involves only painting or repainting of all or part of a building wall on a side or rear elevation that is not a storefront, primary façade, or secondary façade (as defined by the Design Guidelines) and does not modify the color or finish of any character-defining features (as defined by the Design Guidelines). The painting or repainting described in this subsection (b)(4) may include painted wall signs, but such signs shall remain subject to all applicable provisions of Salina Code Chapter 42, Article X.
(c) As provided in this Article, proposed work requiring a Certificate of Compatibility shall be evaluated as to whether the work is consistent with and advances the intent of the Design Guidelines.
(d) The proposed work shall be evaluated by the Design Review Board unless it is exempt from review as provided in subsection (b), above, or is eligible for administrative staff review and approval as provided in Appendix I of the Design Guidelines.
(e) If the work requiring a certificate of compatibility requires any other type of permit, the permit shall not be issued unless a certificate of compatibility has been issued for the work.
(f) If the City cannot issue a permit for the proposed work due to obvious noncompliance with applicable standards of the Salina Code, the board shall not hear the application unless:
(1) It is modified to comply with said standards; or
(2) A variance or other comparable relief is granted with regard to such standards; or
(3) The zoning administrator finds that board review would be helpful in the determination of whether a variance or other comparable relief should be granted.
Section 3. Section 2-208 of the Salina Code is amended to read as follows:
Sec. 2-208. Authorization and findings.
Any work meeting the criteria set out in 2-207 (a) that relates to property included within the Salina Business Improvement District Number 1 shall be referred by the zoning administrator to the board, unless determined to be exempt or subject to administrative approval as provided in Appendix I of the Design Guidelines for Downtown Salina, as approved and amended from time to time by resolution of the governing body (“Design Guidelines”). The board is hereby authorized to grant any applicant a certificate of compatibility if, upon the vote of a majority of board members present and voting, the board finds that the application is consistent with and advances the intent of the Design Guidelines. Applications that qualify for administrative approvals may be granted if the zoning administrator finds that the application is consistent with and advances the intent of the Design Guidelines.
Section 4. Section 2-209 of the Salina Code is amended to read as follows:
Sec. 2-209. Application for a certificate of compatibility.
(a) A building owner or authorized representative shall make application for a certificate of compatibility by:
(1) Completing and submitting an application form provided by the city,
(2) Attaching the required submittals identified on the application form, and
(3) Paying the application fee determined pursuant to section 2-2.
(b) Upon submission of an application for a certificate of compatibility, administrative staff shall respond within seven (7) calendar days by:
(1) Determining whether a certificate of compatibility is required (see section 2-207(b)), and if so, referring to Appendix I of the Design Guidelines to determine whether the application requires administrative staff or board evaluation;
(2) Determining whether the application is complete, and if so, if the certificate of compatibility review process may proceed (see section 2-207(d)), or if not, determining if evaluation of the application requires additional information or submittals in order to qualify as a complete application; and
(3) If required, advising the applicant of the need and deadline for providing the additional information or submittals.
Section 5. Section 2-210 of the Salina Code is amended to read as follows:
Sec. 2-210. Administrative staff evaluation and appeal.
When evaluation of the application for a certificate of compatibility is to be performed by administrative staff, administrative staff shall evaluate the application and provide the applicant with written notice of the administrative staff determination within seven (7) calendar days following the date of submission of a complete application, as follows:
(a) Confirmation that no certificate is required. If administrative staff determines that no certificate is required, confirmation of same shall be provided to the applicant in writing. This provision shall not be interpreted to require applications for certificates in cases where no certificate is required.
(b) Issuance of certificate upon approval. If approved, the certificate of compatibility shall be issued to the applicant and a copy provided to the building services division.
(c) Denial; Applicant’s right to appeal same. If denied, written notice of the denial shall be provided to the applicant, including a written explanation of the basis for the denial. Only the applicant may appeal the administrative staff denial. Appeals shall be taken by filing a notice of appeal within fourteen (14) calendar days following the date of the written notice of denial. The notice of appeal must be filed in the development services department on a form provided by the city. Scheduling, publication of notice, evaluation of the application on appeal by the board, and any further appeal from the decision of the board to the board of commissioners shall be conducted in the same manner outlined in section 2-211.
Section 6. Section 2-211 of the Salina Code is amended to read as follows:
Sec. 2-211. Design review board evaluation and appeal.
When evaluation of the application for a certificate of compatibility is to be performed by the board, the following process shall occur:
(a) Scheduling of hearing. Within seven (7) calendar days following the date of submission of a complete application, administrative staff shall schedule the application for public hearing at the first regular meeting of the board that will allow time for notice under subsection (b) and shall notify the applicant of the public hearing time and date.
(b) Notice of hearing. Not less than seven (7) calendar days prior to the public hearing, administrative staff shall:
(1) Mail by first class mail a notice of the date, time, and place of the public hearing and a statement of the nature of the application addressed to the record owners of the real estate located within 200 feet of the perimeter boundaries of the real estate that is the subject of the application, provided that the noticed properties are within the Salina Business Improvement District Number 1;
(2) Post a notice of the hearing on the city’s website, including the same information contained in the mailed notice; and
(3) Email notice of the hearing, including the same information contained in the mailed notice, to all subscribers to the design review board email list maintained by administrative staff.
(c) Hearing. The public hearing shall be conducted and a record of the public hearing preserved as the board may determine. Any interested person may appear and be heard in person or by authorized representative.
(d) Board approval or denial. The board shall:
(1) Evaluate the application on the basis of the Design Guidelines for Downtown Salina, as approved and amended from time to time by resolution of the governing body,
(2) Make written findings of fact based upon information presented at the public hearing, and
(3) Either approve, approve with conditions, or deny the application following the public hearing, unless the board determines that compelling circumstances warrant continuing the public hearing. Within seven (7) calendar days after the date of the board’s decision, written notice of the findings of fact and decision of the board shall be provided to the applicant.
(e) Status of Certificate of Compatibility Pending Expiration of Appeal Period. The certificate of compatibility shall be held in abeyance pending expiration of the appeal period set out in subsection (f).
(f) Right of Appeal. The applicant, any business owner within the Salina Business Improvement District Number 1, or any record owner of real property within the Salina Business Improvement District Number 1 may appeal the board’s decision to the board of commissioners by filing a notice of appeal within fourteen (14) calendar days following the date of the board’s decision. The notice of appeal must be filed in the development services department on a form provided by the city. Within thirty (30) calendar days following the date the appeal is filed, the board of commissioners shall hear the appeal de novo and
(1) Either uphold or reverse the board’s decision, or
(2) Refer the application back to the board for further consideration, with instructions.
(g) No appeal. If an appeal from a decision of the board approving an application is not timely filed, the certificate of compatibility shall be issued to the applicant and a copy provided to the building services division within seven (7) calendar days following expiration of the appeal period.
(h) Status of certificate on appeal from approval. If an appeal from a decision of the board approving an application is timely filed, issuance of the certificate of compatibility shall be held in abeyance until the appeal to the board of commissioners has been decided.
(i) Issuance of certificate upon approval on appeal. If an appeal from a decision of the board results in approval of the application by the board of commissioners, the certificate of compatibility shall be issued to the applicant and a copy provided to the building services division within seven (7) calendar days following the date of the decision of the board of commissioners.
(j) Denial on appeal. If an appeal from a decision of the board results in denial of the application by the board of commissioners, written notice of the decision of the board of commissioners shall be provided to the applicant within seven (7) calendar days following the date of the decision of the board of commissioners.
Section 7. The Salina Code is amended by adding a section to be numbered 2-212, which section reads as follows:
Sec. 2-212. Stop work orders.
Whenever any work is being done contrary to the provisions of this article, or other pertinent laws or ordinances implemented through the enforcement of this article, the building official or zoning administrator, as applicable, may order the work stopped by notice in writing served on any person involved in the performance of such work or the owner of record of the property. Any such person or owner of record shall immediately stop such work and shall not resume work until the building official or zoning administrator, as applicable, has determined that the project is in compliance with any applicable requirements of this article.
Section 8. Existing Salina Code Sections 2-206, 2-207, 2-208, 2-209, 2-210, and 2-211 are repealed.
Section 9. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 10. This ordinance shall be in full force and effect from and after its adoption and publication on the City’s website.
Passed: December 9, 2024
Bill Longbine, Mayor
ATTEST:
Nikki Goding, City Clerk