07-10380 Affidavit of Publication
Following is a true and correct copy of Ordinance No.07-10380
(1)Christmas tree sales. I (7) Open air markets. A •The application ma-
A temporary use permit ' special use permit may ma-
terial shall also in-
toether with proof of publication of the same. may be issued for the be issued by the Plan-
tail sufficient de-
g I� p Y tail to indicate com-
display and open-lot sale Wing Commission for the Hance with all per-
of Christmas trees in the operation of open air P P
markets, includin out- formance standards.
C-3 through C-6 districts g Failure to provide
or in any industrial dis- door flea markets,farm- P
AFFIDAVIT trict for a period not to
exceed forty-five (45)I er's markets or roadside
P adequate informa-
roduce stands after the tion may result in the
rejection of the a
days. Display of Christ- Commission has held a
rejection P"
mas trees need not com- public hearing in accord- plication.
ply with the yard and ance with the proce- ii. The name and
I, Ann Garrison ,being setback requirements of dures established in - phone number of the
these regulations; pro- Section 42-24 of the Sal- individual responsi-
vided,that no structures j ina Code,subject to the ble for overseeing
duly sworn,declare that I am the Majors/Nationals or trees shall be placed following provisions: the operation of the
a. An outdoor flea open air market and
within the sight triangle.
a copy of the lease
The site shall be cleaned ' market may operate in PY
ar�i,'returned to its previ- a C-3 or higher district between the opera-
Coordinator of THE SALINA JOURNAL,a daily news- . ouy condition within two and is defined as any • for and the owner of
(2)'weeks after,Christ- place where the owner the property if appli-
mas. or operator thereof al- cable.
(2)Contractor's office.A lows more than one al-
iii. A statement indi-
paper published at Salina,Saline County,Kansas,and temporary use permit (1)person to sell mer- cating the number of
may be issued for a con- chandise from outdoor 1 vendors that will be
tractor's temporary office stalls, booths, stands, setting up booths,
of general circulation in said county,which newspaper and equipment sheds in- etc., which are not stands or tables at
cidental to a construction open for business on a the market.
project. The office or daily basis. The per-
iv. A statement da-
shed shall not contain mit shall be valid for a scribing any tempo-
has been continuously and uninterruptedly published calendar year and rary structures that
Y h Y I' sleeping or cooking ac- Y will be erected on
commodations.The per- may be renewed ad-
mit shall be valid for no ministratively on an the site.
for five consecutive years prior to first publication of at- more than one (1)year, annual basis by the V. A statement de-
scribing the provl-
but may be renewed Zoning sions made for off-
while construction work following initial appro-
tached notice,and that the attached is in progress.The office val by the Planning street parking and
or shed shall be re- Commission. pedestrian access to
b. A farmer's market the site.
moved upon completion operate in a C 3 V.A statement indi-
of the construction prof- may P
Ordinance No.07-10380 ect. or higher district and is cating proposed
defined as any lace, measures designed
(3) Temporary ncy with or without erma- to minimize poten-
quarters for emergency P ball adverse. ef-
service provides. A tern- nentbuildings or struc- y
has been correctly published in said newspaper 1 porary permit may tures,where fruit,veg- fects, including tres-
be use y on ad
be issued for temporary stables, produce, passing, adjacent
living quarters in a tern- handmade crafts,etc., properties.
times, the first publication given in porary structure for are sold from more e.Conditions.
p g In granting a special
than one service pro- (1) produce
ermit, the Plan-
including and responders, stand operated by dif- use permit,
but not limited ferent persons. The ning Commission may
the issue of March 30 2007. to Fire Department per- permit shall be valid impose appropriate
for a calendar year
conditions and safe-
sonnel,ambulance serv- y wards including but
ice personnel and law and may be renewed g g
l�, administratively on an not limited to com-'
I N S enforcement agencies y mencement and termi-I
who provide services to annual basis by the nation dates, dates
the general public,if it is Zoning Administrator and hours of o ra-
v incidental to a construc- following initial appro-
Z/ lion project. The permit val mi the Planning lion, improved traffic
shall be valid for no
Commission. circulation, pedestrian
Subscribed and sworn to before me,this more than one (1) year c. A roadside stand safety requirements,
but may be renewed may be located in an parking requirements,
A-1 or C-3 or higher or any other require-
while construction work g ments which the Corn-
day f �' A.D.2007 is in progress. The tem- district and is defined
Y porary structure shall be as a temporary'struc- mission deems appro-
ture used by one (1) priate upon a.finding
removed days the site y O that they are necessa-
�� within 30 days after the operator for the sale of y
Ir Kansas issuance of a Certificate farm produce The ry to fulfill the purpose
.747-'f��• 0 Notary Public of Occupancy for the permit shall be valid and intent of this chap
�- construction project. for no more than six ter.
rir� u, (4) Real estate project (6)continuous months f.Denial of special use`� sales office.A temporary in a calendar year.No permit.
use permit may be is- produce sales shall be Any decision to deny 8
(Published In'The Salina the applicant, the prop- (5) Noise, odor or light sued for a temporary re- made within thirty(30) special use permit un
e owner and the per- emissions from the site al estate sales office in feet of the roadway im- der this section shall
Journal March 30,2007) P provement. Area for be made in writing and
ORDINANCE NUMBER son(s) responsible for shall not present an in- any new subdivision p shall state the specific
terference with the en- which has been a roadside stand operat-
the use if different than p
ing more than one(1)
07-10380 reasons for the denial.
AN ORDINANCE AMEND- the applicant or property • joyment or use of the - proved by the planning g O Any denial made by CHAPTER 42, ARTI- owner; property or a hazard to commission. The permit month per year,an off- the Planning Commis
CLE IV OF THE SALINA (4)A statement describ- adjoining properties or shall be valid for no street parking area g
ing provisions which will public ways. Artificial more than one (1)year, shall be provided. Sion may be appealed
CODE BY AMENDING SEC- g P to the Board of City made for sanitation lighting shall not illumi- but is renewable.The of- d.Application Require- N
TION 42-59 PERTAINING Hate any nearby dwell- Tice shall be closed upon ments. Commissioners. Any
TO TEMPORARY USES facilities, utility services, Y Y P denial b the Board of
parking, traffic control, ings and sound from sale or lease of all dwell- 1. Pre-Application '
AND REPEALING EXIST- P by
g' public address systems ing units in the develop- Conference. Prior to City Commissioners
ING SECTION 42-59. security, fire safety, P Y 9 p- shall be deemed,a fi-
medical emergency and shall not exceed sixty ment. The office shall the acceptance of a
BE ORDAINED the the g Y s ecial use permit a Hal administrative de-
Governing Body of the City first aid, noise control (60)dBA at the property contain no sleeping or p P p ! cision, subject to udi-
and cleanup and resto- line of residences. cooking accommoda- plication, applicants subject 1
of Salina,Kansas: P shall participate in a cial review and ap-
Section 1, That Chapter ration. (6) Adequate provision tions unless located in a P p peal. In the event that
P for sanitary waste and model home. pre-application confer- ' P
42, Article IV Section 42-59 (c) General requirements. ry ante with the Planning
a special use permit
of the Salina Code is hereby Temporary use permits shall trash disposal shall be (5)Festivals.A tempora- g application is denied
y provided by the appli- use permit may be is- Department for the pp
amended to read as follows: be issued by the zoning ad- P Y pP ry P y ur oses of discus- by the Planning Corn-
"Sec. 42-59. Temporary ministrator, unless otherwise cant.Trash, rubbish and sued for tents or other sin p application re- mission or Board of
specified by these regula- waste products shall be temporary structures
sing PP
Uses. Pe Y 9 City Commissioners
tions.Said permit shall be is- removed from the pram- and related facilities to quirements, specifics ty 1
(a)Intent.It is the intent of sued only fall the following ices daily. house and serve public ' of the site and plans for a particular loco-
the following regulations to Y g for arkin traffic con- tion, no new request
provide for and govern the criteria are met in the opinion (7) Utility services pro- celebrations, special ob- ' P g' for the same or sub-
of the zoning administrator: vided shall comply with servances, religious trot, pedestrian safety,
operation of certain tempora- g the need for utilities stantially Similar spe-
ry or seasonal uses. (1) Adequate off-street applicable building,slat- meetings,cultural events cial use rmR shall
arkin with an a or entertainment pro- and/restroom facilities,
(b) Permits for temporary proved surface shall t e • safety, plumbing, fire, grams sponsored by a trash disposal and site be accepted or proc-
uses.Applications for a tern- proved safety, sanitation, public clean essed for that location
porary use permit shall be
provided for customer local civic,religious,go v- P
P health and other codes, 2. Applications for a l during the same calen-
made to the zoning adminis- vehicles outside the laws or regulations appli- ' ernmental or recognized special use permit for dar year.
trator at least three(3)days roadway improvement cable to the use and duly chartered fraternal - g.Protests.
area. an open air market -
before the starting date of shall be installed only organization for a period shall be filed with the The notification and
the temporary use and shall (2) Signs may not be under permits obtained of no more than fourteen '
larger than ten (10) Planning Department protest area for s
contain the following: g ( ) as required by such co- (14) days, unless other- Pe-
s uare feet and must and shall include the cial use permit appli-
(1)
The commonly q des. wise approved by the P
known address of the comply with the sign reg- (8) The site shall be zoning administrator. following: cations shall be two
property to be used, ulation provisions of cleaned up and restored (6) Carnivals, circuses i. A plot plan of the hundred fifty(250)feet
rented or leased for the these regulations. to its previous condition and tent shows. A tem- site drawn to an ac- from the proposed
temporary use,including (3)Structures or product upon expiration of the porary use permit may curate scale and open air market. If-a
all information necessary displays shall not be temporary use permit. be issued for a carnival, showing all pertinent special use permit is
to accurately describe placed inside the visual (d)Specific uses and regu- circus or tent show, as information, includ- approved by the Plan-
the subject property; sight triangle at intersec- lations. The following are defined in section 6-16 ing proposed park- fling Commission, af-
(2) A complete descrip- lions. considered temporary uses of this Code,for a period ing areas.The appli- }acted property own-
tion of the proposed use, (4) Adequate sight dis- and are subject to the follow- that does not exceed cation material shall ers shall have the
including dates and time Lances shall be available ing specific regulations and fourteen(14)days.How- provide sufficient in- same right to present
schedules for operation for vehicles entering and time limits in addition to the' ever,the permit may be formation, as deter- a protest petition to
of the u leaving the temporary regulations of any zone in renewed or extended mined by the zoning the Board of City Corn-
(3) The name, address use site. which they are located: , upon application to the administrator, to al-
missioners and appeal a-complete re. that decision
and phone number of zoning administrator., view of the.or000salr
erty owners in rezon- I display shall be on
ing cases. The protest publicly owned proper-
procedure shall be as ty unless the applicant
provided in K.S.A. 12- shall first have ob-
708 and section 42- tained approval for
26(b)of this chapter. such use from the city;
h. If an operator of an b. No required off-
open air market fails to street parking or load-
comply with the condi- ing area will be utilized
tions upon which a for such display, stor-
permit was approved age or dispensing;
by the Planning Corn- c. No food or drink
mission, or the Board shall be displayed out-
of City Commission- side the building ex-
ers, the City Manager cept in accordance
may revoke the,spe- with standards and pri-
cial use permit and di- or written approval of
rect the open air mar-j the health department;
ket to cease operation. and •
Revocation of a spe- d. These provisions
cial use permit may be shall in no way be
appealed to the Board deemed to authorize
of City Commission- the outdoor display of
ers. automobiles, trailers
(8) Moveable structures. and equipment rental
A temporary use permit or the sate of used fur-
may be issued for the niture, •appliances,
sale of merchandise or plumbing,: house-
services from a motor wares,buKting m6teri-
vehicle, recreational ve- als or similar displays
hide, trailer, mobile or sales in any
home or tent on a lot or ness district except$s
portions thereof that are otherwise permittedly
vacant or used for park-
ing, provided the follow- this chapter. '
ing conditions are'met: permit t is required e sales,'No
a.Such sales are con- garmit is r for a
garage sale, as';dcd'ii;c.' '�
ducted by the owner in any residential riis:r,,
or lessee of the prop- which is limited'to on'
arty on which it is con- (1) event comprising n
ducted. maximum of three (3)
b.Such sales are tem- consecutive days in ,ny
porary and limited to six-month period.Wl,err5
one(1)event compris- such sale is conduce.;
ing a maximum of two on premises exterior to
(2)consecutive weeks any structure, all tale
in any six-month peri- items shall be from such exteilor
c.Applicants for sales ises within one (1? da,
from moveable struc- following the da,.
tures shall submit a sale is concluded.
site plan, including, (e)Appeals.Any
without limitation, the who is denied a temc.orary
location, setback from use permit may appe oI 'r■E
property line, screen- zoning administrator's iicc,--r
ing,sign and fence lo- sion to the board'of
cations, if applicable appeals in accordance w:t i
and electric meter lo- section 42-597 of these reo
cations or power ulations." •
source; Section 2.That the es,-;:
d.Applicants for sales ring section 42-59 of the Zor.•
shall obtain the appro- :ing Regulations of the City
priate sales tax license {Salina is hereby repealed.
and,if applicable,tern- Section 3. That this ord
porary fence permits; Hance shall be in full for::.,
e.Such sales may not
and effect from and after Ire
be located within any '.adoption and publicaticc
area utilized as the re- :once in the official city new=.:-
quired parking or load- 'paper.
ing area for another
use or on public right- Introduced:
of-way; March 19,2007
f. Upon termination of Passed:
the sale,the lot or par- March 26,2007
cel shall be returned
substantially to its orig- Donnie D. Marrs,
inal condition.All litter, Mayor
fences, borders, tie-
down materials, and [SEAL] G
other items associated ATTEST:
with the temporary
sale shall be removed 'Lieu Ann Elsey,
within five (5) hours. CMC,City Clerk (1t)
Provided, however, a _
permit shall not be re-
quired for mobile food
vendors accessory to
permitted uses which
operate for four (4)
hours or less at a giv-
en location.
(9) Promotional activi-
ties. No permit is re-
quired for promotional
activities of retail mer-
chants involving the dis-
play only of goods and
merchandise, which are
for sale within the princi-
pal structure conducted
Outside of such structure
for a period of no more
than two(2)consecutive
weeks in any three-
month period; provided,
that:
a. No portion of the
t