7.1 Accessory Uses CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
11/6189 4:00 p.Mt
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA:
ITEM Planning Division
NO. 1 Roy Dudark~
BY: BY: ~
Item
Application #Z89-14a. filed by the Salina City Planning Commission,
requesting an amendment of Salina City Zoning Ordinance, Article IV, Section
42-58, Accessory Uses, by increasing the allowable size of accessory storage
buildings from 160 ft. to 240 sq. ft.
Information
The Chief Building Inspector has reported to the planning staff that the
160 sq. ft. size limit on accessory storage buildings is an awkward size
and has been difficult to administer. The standard industry sizes for
pre-builts and storage building kits are 12' X 18' (216 sq. ft.) and 12' X
20' (240 sq. ft.) and the building inspector has had to turn down requests
for buildings larger than 160 sq. ft. Presently, no building permit is
required to put up a building 120 sq. ft. or less but a property owner
could'go no larger than 160 sq. ft. with a permit. This amendment would
allow the building inspector to issue permits for residential storage
buildings up to 240 sq. ft. in size.
Planning Commission Recommendation
On October 17, 1989, the Planning Commission conducted a public hearing on
the above referenced application. At the conclusion of the public hearing,
the Planning Commission voted 9-0 to recommend approval .of this proposed
text amendment.
Recommended Action
1. If the City Commission desires to enact this text amendment and concurs
with the recommendation of the Planning Commission, a motion should be
made to place the attached ordinance on first reading.
2. If the City Commission disagrees with the Planning Commission's
recommendation, this item should be returned to the Planning Commission
Encl: Application
PC Minutes excerpt fr~mOM~6~ON ACTION
Ordinance #89- 9352
MOTION BY SECOND BY
TO:
P.C. Meeting Date October 17~ 1989 . Application No. Z89-14
Date Filed September )5, t989 Fi-ling Fee N/A
Reviewed By RD Receipt No.
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CII~F PI~ANNING CO~4ISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply
to the Salina City Planning Commission for
Amendment of Salina City Zoning Ordinance, Article IV~ Sect!ons 42-58~
..... AcFessgKy Uses and 42-60.~ Home O~9upati. ons~ by increasinQ the allowable
size of accessory stgra~.bu!ldin~s from 160 sq. f~ to 240 sq. ft. and by
al!owin~ hon~ occupation§ to be conducted in detached accessory buildinqs
after revijw an~ Qpproval b.y..~he Board of Zonin~'A~.pe'als.
Applicant's Name (Print) Salina City PlanninQ Commission
Address 3~0 W. A~h Salina, KS 67402-0736 (Phone) 827-8781
Signature
Attach additional signature sheets if necessary. Be sure to include name, address,
phone and signature of each applicant on the additional sheets.
If the applicant(s) is to be represented by legal counsel or an authorized agent,
please complete the following in order that correspondence and con~nunications per-
taining to this application may be fomwarded to the authorized individual.
Name of Representative
Address
Telephone (Business)
Salina City Planning Commission
October 17, 1989
Page 5
Mr. Kline asked if the city maintains that drainage?
Mr. Dudark stated that it is maintained by the owner.
Mr~.Kl~ne asked why the easement is part of it?
Mr. Dudark stated that the easement is recorded and so is the obligation of
the lot owners to maintain those.
Chairman Gaines asked if the applicant would care to make a comment
regarding this application?
Lawrence Triplett stated that the pond already extends 'back to the lot line
and will take up twice the area that is set aside for it. It would
withstand a 4,000 year flood.
Mr. Morris asked if there are any existing curb cuts on Ohio?
Mr. Dudark stated that he believed there are two existing curb cuts.
Mr. Morris asked if there are any restrictions as far as coming out on
North Street?
Mr. Dudark stated that there are no restrictions. There will have to be
adequate separation between driveways.
Mr. Morris asked about the screening between the RS and the 1-27
Mr. Dudark stated that it is not required as residential development is more
than 100' away.
MOTION: Mr. Brungardt moved that the commission approve Application #P89-8/SA
subject to the two staff recommendations as listed.
SECOND: Mrs. Denton seconded t~e motion.
VOTE: The vote was unanimous (9-0) in favor of the motion. Motion carried.
#4. Application #Z89-1~ filed by the Salina City Planning Commission.
Mr. Andrew stated that this application involves two items. The first is a
brief one that has to do with the limits on the size of accessory buildings.
The building inspector has reported that he has received many applications
for permits to put up accessory storage buildings that are in excess of the
160' limit in the zoning ordinance. He stated that there are primarily two
sizes of buildings, 120 sq. ft. and 240 sq. ft. He stated that this would
make his job alot easier if the limit were changed to 240 sq. ft. which
would be consistent with the structures they are producing and selling in
the storage building industry. He does not feel there would be a negative
impact as these buildings would still be smaller than most single car
garages or consistent with that size. Rather than consistently turn down
people who want to have larger buildings, he requested that we change the
square footage limitation. The second amendment has to do with home
occupation regulations. This situation came about when an individual wanted
to do a fishing rod and reel repair in a detached garage. The ordinance
reads that all home businesses have to be conducted inside the home or an
attached garage which is considered a part of the home. The BZA did not
want to differ with the interpretation of this regulation. At the Planning
Commission's direction, staff prepared an amendment to those regulations.
The amendment section in the report highlights some of the proposed changes.
These changes would allow staff and the police department to enforce the
regulations. Staff did make a provision for home occupations in detached
buildings. Small engine repair is now listed as a permitted use.
Previously, that was not listed as permitted or prohibited use. There are
people who come in with requests for a lawn mower repair business and we
wanted to make clear whether they were allowed to do that. We tried to
balance the need for some persons to make a living doing that and the
possible effect on n~ighbors and d~cided to list it as a permitted use. Bed
and Breakfasts are also listed as a permitted use within a limited size and
after a review by the BZA. The first section of the amendment deals with
the new performance standards. The second section lists the permitted uses.
The third section lists uses that would be prohibited. The fourth section
Salina City Planning Conm~ission
October 17, 1989
Page 6
makes provision for the BZA to accept applications for someone who wants a
home occupation in a separate building.
Mr. Anderson asked why the building size is so tough to administer? He
asked what kind of buildings they are talking about?
Mr. Dudark stated that today 160' is on the shy side.
Mr. Andrew stated that this would allow someone to put up a 240 sq. ft.
accessory building instead of a single car §ara§e because the building code
has different requirements for an accessory building than it does for a
garage in terms of materials and doors and how they are built.
Chairman Gaines asked where they can be located.
Mr. Dudark stated that they could be located 3' from the property line.
Mr. Kline asked if there is a permit required for a certain size?
Mr. Andrew stated for a building 120 sq. ft. or less you do not need a
building permit. For anything larger you need a permit.
Mr. Morris stated that a person Could put up a 10' X 12' and not have to
come to the city to get a permit?
Mr. Andrew stated that the industry makes a prefab and build your own
accessory buildings and 10' X 12' and 12' X 20' are standard dimensions. A
160 sq. ft. building is not a common size.
Mrs. Denton stated that right now a 240 sq. ft. building could not be put up
with or without a permit.
Mr. Andrew stated that under this proposal, a 240 sq. ft. building would not
be allowed without a permit. A garage could be that big but these are
people who want to build accessory buildings and not single car garages.
Mr. Morris asked how many requests have there been in the last 6 months?
Mr. Andrew stated that the building inspector would be able %o answer that.
Mr. Anderson asked if there is a height limitation on these buildings?
Mr. Andrew stated that they will not be any higher than a g~rage but there
are height restrictions in every zoning district.
Mr. Dudark asked Mike Peterson, Chief Building Official, to talk about why
we are requesting this amendment.
Mr. Morris asked Mr. Peterson how many requests there have been in the ~ast
6 months?
Mr. Peterson stated that we have turned down about a half a dozen requests
and we have about 10 more that were modified to fit. The problem is the
current sizes for storage buildings no longer fit the 160' minimum if they
purchase a kit. Most are 12' X 20' and the prebuilt's will range from 10' X
20' and 10' X 18'. A 10' X 18' is very popular for a prebuitt. From 120
sq. ft. up it requires a permit. When there is an insignificant difference
in size between 120' and 160', it does require a permit. The other problem
is that they can now go ahead and build a 240 sq. ft. building if they put a
garage door in it and have access to the back yard. This does not
accomplish much.
Chairman Gaines asked what are the requirements for a garage?
Mr. Peterson stated that a garage can be no larger than 720 sq. ft. If you
have an attached garage but you want a 240 sq. ft. storage building in your
back yard all you have to do is put up a garage door and call it a garage.
Chairman Gaines stated that he was having a hard time trying to understand
why we were changing city code to satisfy the manufacturer's of metal
buildings.
Salina City Planning Commission
October 17, 1989
Page 7
Mr. Peterson stated that the prebuilts are mostly wooden structures.
Accessory buildings will still have to meet the code requirements.
Mr. Haworth asked about foundation and footing regulations. He asked if
they will be changed?
Mr, Peterson stated that the footing regulations that exist now will remain
the same ohly a 4" slab for 120 sq. ft. or smaller, a 12" X 12" footing with
a 4" slab for 120 sq. ft. up to 400 sq. ft., and 400 sq. ft. on up a footing
is 30" in depth.
Chairman Gaines asked if there are any restrictions on air conditioning a
storage building?
Mr. Peterson stated that they can put heating and electricity in it if
they also put in water and plumbing. We have done inspections on that
because it's possible it is no longer an accessory building but is a
residence. They had a problem with an artist studio where the gentleman put
the artist studio in his garage. The neighboring property owners considered
it not only a studio but a residence.
Mr. Anderson asked how big a garage you can get a permit for?
Mr. Peterson stated that it can not be larger than your house and depending
on the size of the lot, it can be 360 sq. ft. of garage space per every
3,000 sq. ft. of lot area.
Mr. Dudark stated that you can get a 720 sq. ft. two car garage on any
single-family lot. Anything larger than that requires more lot area.
Mr. Peterson stated that you have to have a 9,000 sq. ft. lot to have a
1,080 or a 12,000 sq. ft. lot for 1,440.
Mr. Anderson stated that he does not think a storage building to put a lawn
mower in needs to be bigger than a house.
Mr. Dudark stated that the proposal is for an increase of 80 sq. ft. This
is a 50% increase in size for an accessory building. When the ordinance was
written it was probably large enough.
Mr. Peterson stated that some people will complail~ about an overhead garage
door and want to put in two 4' double doors side by side and create an 8'
opening and that is really difficult for us to say that that is not a garage
because the opening is wide enough to admit a vehicle even though it is not
a traditional garage door, it fits the category in terms of size. The
majority of requests have been slightly smaller than 240' but we chose it
because it seemed to be a normal building dimensi.on.
MOTION: Mr. Hardman moved that the commission approve Application #Z89-14 as
written.
SECOND: Mrs. Denton seconded the motion.
Mr. Morris asked if the city would issue permits for any building up to 240
sq. ft.?
Mr. Peterson stated that we would still be issuing permits for any accessory
building from 120 sq. ft. up to 240 sq. ft.
Mr. Dudark asked if the motion was just for the accessory buildings?
Mr, Hardman stated that it is just for the accessory buildings.
VOTE: The vote was unanimous (9-0) in favor of the motion. Motion carried.
Mr. Dudark stated that two Changes in the home occupation regulations would
be that the home occupation would be allowed from 7:30 a.m. to 10:00 p.m. in
a detached building. The inhouse business would not have any time limits.
The other change would be review of proposed uses in detached buildings by
the BZA on a case by case basis. Either one of these uses would require
notification of adjacent property owners and a hearing before the home
occupation could be allowed.
(Published in The Salina Journal November , 1989)
ORDINANCE NUMBER 89-9352
AN ORDINANCE AMENDING SECTION #2-58 OF THE SALINA CODE
PERTAINING TO ACCESSORY USES; AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section q2-58 of the Salina Code is hereby amended to
read as follows:
"Section u,2-58. Accessory ~uses.
No accessory use, building or structure shall be located
in any required front, side or rear yard, except as provided
in subsections (1), (2) and (3) and that the following
permitted accessory uses will be allowed in any zoning
district in connection with any principal use is permitted:
(1) Permitted uses. Permitted accessory uses include, but
are not limited to the following:
a, A structure for storage incidental to a permitted
use, provided no such structure that is accessory
to a residential building shall exceed two hundred
forty (2q0) square feet in gross floor area, the
use shall be in keeping with the principal
structure, and provided no such structure
located in the front yard setback.
b. A child's playhouse, provided it shall not be more
than one hundred twenty (120) square feet in
gross floor area;
c. A detached garage, provided that no part of such
structure is located in the front yard setback, and
provided that such structure shall not contain
space for more than two (2) vehicles unless the lot
is in excess of six thousand (6o000) square feet in
which one additional vehicular space shall be
permitted for each additional three thousand
(3,000) square feet of lot area. For purposes of
this section, a vehicular space shall not exceed
three hundred sixty (360) square feet.
d. A private swimming pool and bathhouse, provided
that no part of such structure or use is located in
the front yard setback;
e. In the RS district only, a guest house (without
kitchen facilities) or rooms for guests in an
accessory building, provided such facilities are
used for the occasional housing of guests of the
occupants of the principal building, and not as
rental units, for permanent occupancy as
housekeeping units and provided that no part of
such structure is located in the front yard
setback;
f.Statuary, arbors, trellises, barbecue stoves,
flagpoles, fences, walls and hedges;
g. Fallout shelters, provided that they shall not be
used for any principal or accessory use not
permitted in the zoning district and provided that
no part of such structure is Io~ated in the front
yard setback;
h. Signs, when permitted by article X of this chapter
and by the individual district regulations;
i. Off-street parking and loading spaces, as
permitted by article XI of this chapter;
j. Restaurants, drugstores, gift shops, clubs,
lounges and newsstands, when located in a
permitted hotel, motel or office buildlng;
k. Employee restaurants and cafeterias, when located
in a permitted business, manufacturing or
industrial building;
I. Outdoor storage or overnight parking, in a
residential district, of boats, boat trailers, or
recreational vehicles, provided such storage does
not constitute a traffic or safety hazard, and
buses when associated with a church or school and
parked no closer than fifty (50) feet from any
adjacent residential district;
m. Wind energy conversion systems (WECS} under the
following restrictions;
1. The minimum distance from all zoning lot lines
to any tower, pole or other support base of
the WECS shall be determined by the following
table:
Setback
Rotor Diameter Distance
(feet) (feet)
5 100
10 165
15 220
20 270
25 310
30 3q0
35 365
q0 385
Intermediate rotor size distances shall be
Interpolated. The WECS shall not be located
in any required yard.
2. The WECS shall not cause interference to
microwave communications or radio and
television reception in the area. Noise levels
measured at the lot line shall not exceed sixty
(60) dBA in a residential zone.
3. To limit climbing access to a WECS tower, or
other support structure, a six (6) foot high
fence with locking portal shall be placed
around the WECS support or if a tower is
utilized, the tower climbing apparatus shall be
limited to no lower than twelve (12) feet from
the ground or the WECS support may be
mounted on a roof top.
#. All blades of a WECS shall be constructed of
non-metalic substances. If the applicant can
prove, in written form, that no
electromagnetic interference will result, a
metal content of up to twenty-five (25)
percent will be acceptable.
5. The WEC$ shall be located in compliance with
the guidelines of the federal aviation
regulations with regard to airport approach
(15,503) and clearance around VOR and DVOR
stations.
6, Height of the WECS shall not exceed the
maximum height restriction in the zone where
it is located by more than twenty (20) feet.
The height of the WECS shall be measured at
the center of the blade diameter.
7. Data pertaining to the WECS~s safety and
structural integrity shall be certified by a
licensed engineer and filed with the building
permit application. The tower or support and
top adaptor shall meet the restrictions
specified in the city's building code.
8. The WECS, if interconnected to a utility
system, shall meet the requirements for
interconnection and operation as set forth in
the electric utility's current service
regulations applicable to WECS.
9. A plot plan shall be submitted with the
application for building permit showing the
proposed location and height of the WECS,
fencing and all existing buildings within two
hundred (200) feet of the exterior lot lines.
10. The owner/operator shall provide covenants,
easements or similar documentation to assure
sufficient wind to operate the WECS unless
adequate accessibility to the wind is provided
by the site.
11. The owner/operator shall certify that the
WECS aoes not violate any covenants of
record.
12. The applicant shall provide a certificate of
liability insurance. Annually the
owner/operator shall present evidence to the
zoning administrator that the liability
insurance is still in effect.
(2) Bulk regulations. Accessory structures and uses shall
comply with the bulk regulations applicable in the
zoning district in which they are located, and:
a. Shall be set back at least five (5) feet from the
rear lot line when no alley exists and ten (10) feet
when an alley exists;
b. Shall maintain a three (3) foot side yard, except
that no part of any accessory building shall be
located closer than three (3) feet in residential
districts and ten (ten) feet in all other districts to
any principal structure, either on the same lot or
an adjacent lot, unless it is attached to, or forms
a part of, such principal structure;
c. Shall, on corner lots, be set back from the side
street a distance not less than that required for
the principal structure;
d. Fences shall comply with article XII of chapter 8;
and
e. In no event shall an accessory building or
structure be allowed which is larger in size or
area than the principal building, structure or use
it serves.
(3) Use limitations. Accessory structures and uses shall
comply with the use regulations applicable in the zoning
district in which they are located, but no accessory
structure shall be constructed and occupied on any lot
prior to the time of the completion of the construction
of the principal structure to which it is accessory°"
Section 2. That the existing Section u,2-58 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: November 6, 1989
Passed: November 13, 1989
Joseph A. Warner, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk