7.3 Ordinance No. 23-11143 Fireworks Storage Text AmendmentCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
_ DEVELOPMENT SERVICES BY.
ITEM PLANNING FINAL APPROVAL:
Page 1 3 BY: Dean Andrew �A BY: /—
ITEM: Ordinance No. 23-11143
Application #Z22-13, filed by Jerry Helmer on behalf of Chris Helm, requesting an amendment of
Section 42-362 of the 1-2 (Light Industrial) District Regulations and Section 42-382 of the 1-3 (Heavy
Industrial) District Regulations to add storage of consumer fireworks [1.4G] to the list of permitted uses
in the 1-2 (Light Industrial) and 1-3 (Heavy Industrial) zoning districts.
BACKGROUND:
In July of 2010, the City Commission adopted by reference, and with certain amendments, the 2006
Edition of the International Fire Code (the "2006 IFC"). The 2010 Kansas Legislature also adopted the
2006 IFC for the purposes of the state of Kansas. Section 3301.1.3 of the 2006 IFC governs the
possession, manufacture, storage, handling, sale and use of fireworks through a general prohibition,
subject to certain exceptions. The City's adopted version of Section 3301.3 included an exception for
"display" fireworks, but not "consumer" fireworks. Therefore, any authorization of the sale and use of
fireworks in the City of Salina had to be addressed in terms of an amendment of the 2006 IFC.
The 2006 IFC defined "fireworks" in terms of two categories. "Fireworks, 1 AG" are those formerly
known as Class C, Common Fireworks and are the type of fireworks authorized for sale and use under
the 2011 amendments. "Fireworks, 1.3G," formerly known as Class B, Special Fireworks, are large
fireworks devices which are classified as explosive materials intended for use in fireworks displays
and are beyond the scope of the fireworks authorized for sale and use under the 2011 Fireworks
Ordinance.
State law
Kansas law specifically prohibits one type of Division 1 AG fireworks — bottle rockets. Under the
Kansas Fireworks Act (K.S.A. 31-501 et seq.), state law also provides for the licensing of five
categories of manufacturers, distributors, and operators, but exempts the "seasonal retailer" defined
as one who "receives consumer fireworks and sells, delivers, consigns, gives or otherwise furnishes
consumer fireworks only to the public for personal use during fireworks season." "Fireworks season" is
defined by regulation of the state fire marshal (K.A.R. 22-6-5) to be the period beginning June 27 and
ending on July 5 of each calendar year. K.S.A. 31-133 (a)(1) authorizes the state fire marshal to adopt
regulations relating to "fireworks and firecrackers." The 2011 Fireworks Ordinance was prepared in a
manner consistent with those regulations.
The Fireworks Ordinance — Chapter 14 of the Salina Code
On January 3, 2011, the City Commission approved Ordinance No. 11-10588 legalizing the sale and
discharge of consumer fireworks. The Fireworks Ordinance as prepared and adopted involved
amendments to Chapter 14. Article III, Division 2 — Fireworks of the Salina Code necessary to
authorize possession and sale of consumer fireworks from June 27 to July 4 and use of consumer
fireworks on July 3 and 4. The portion of the ordinance dealing with retail sales was primarily based on
the standards in the 2006 edition of the National Fire Protection Association (NFPA), Section 1124,
Chapter 7.
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
FISCAL APPROVAL:
ZN
FINAL APPROVAL:
The Fireworks Ordinance in Chapter 14 was set up in such a way that those individuals wishing to
establish a consumer fireworks stand within the city limits must apply for and obtain a "Consumer
Fireworks Facility Temporary Use Permit" from the Zoning Administrator or his or her designee.
Separate fees have been established for this particular type of temporary use permit; however,
consumer fireworks facilities were not listed as a permitted temporary use. For that reason, the Salina
Zoning Ordinance was also amended to set up a process for reviewing and approving proposed retail
fireworks stands.
• Consumer Fireworks Facility Temporary Use Permit application fee: $500.00 (now $540.00)
• Consumer Fireworks Facility Temporary Use Permit fee (payable as a precondition of issuance
of an approved permit): Base Fee of $2,000 for a facility of 1,000 sq. ft. or less, plus $2.50 per
sq. ft. over 1,000 sq. ft. (now $2,150 for a facility of 1,500 sq. ft. or less plus $2.55 per sq. ft.
over 1,500 sq. ft.)
The Zoning Ordinance text amendments only dealt with consumer fireworks stands and temporary
storage but did not address permanent storage.
Nature of Current Request
In the early fall of 2022, Jerry Hellmer on behalf of Chris Helm, the applicant, approached Planning
staff about the potential of constructing a fireworks storage facility within the city of Salina. Staff
informed Mr. Hellmer that the 1-3 (Heavy Industrial) zoning district allowed explosive storage (including
fireworks) as a conditional use, subject to the development limitations in Section 42-386(3).
After speaking with the applicant, Chris Helm, Mr. Hellmer approached Planning staff about amending
the Zoning Ordinance to classify the storage of fireworks as a permitted use instead of a conditional
use. Mr. Hellmer shared that his client, Chris Helm, preferred to have the storage of fireworks be a
permitted use instead of a conditional use for financing purposes. Mr. Helmer, Chris Helm's
representative, expressed to staff that the outcome of the conditional use permit review process was
too uncertain and his client was not able to obtain financing for his proposed storage building without
the knowledge that it was a permitted use. Planning staff noted that the storage of explosives was a
conditional use rather than a permitted use because of the potential impact it could have on the
surrounding properties. Mr. Hellmer stated that consumer grade fireworks did not have the same
physical composition and characteristics as other explosives and should be classified separately.
Planning staff suggested that a meeting be scheduled involving himself, the Interim Building Official,
Shawn Homan, the Fire Marshal, Troy Long, and Planning staff to discuss in more detail the Building
Code, Fire Code and Zoning Ordinance requirements for fireworks storage facilities. The meeting to
discuss fireworks storage was scheduled for October 17, 2022.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
DEVELOPMENT SERVICES BY.
ITEM PLANNING FINAL APPROVAL:
NO:
Page 3 BY: Dean Andrew BY:
At the October 17, 2022 meeting, the Interim Building Official and the Fire Marshal determined that the
Building Code and Fire Code classified consumer grade fireworks [1.4G] differently than display grade
fireworks [1.3G] and other explosives. Additionally, the Building Code and Fire Code did not require
any special construction provisions for the storage of consumer grade fireworks [1.4G] as long as no
other larger explosives were also stored in the facility. Mr. Hellmer stated that if the Building Code and
Fire Code both define consumer grade fireworks [1.4G] separate from display grade fireworks [1.3G],
that he believed that the Zoning Ordinance should also differentiate consumer grade fireworks [1.4G]
from display grade fireworks [1.3G] and other explosives. A follow up letter was sent to Mr. Hellmer
following the meeting summarizing the meeting discussion and outlining his next steps.
On November 22, 2022, Mr. Hellmer submitted an application to amend the Zoning Ordinance to allow
consumer grade fireworks [1.4G] storage facilities to be permitted uses in both the 1-2 (Light Industrial)
district and 1-3 (Heavy Industrial) district, similar to other storage buildings and warehouses.
This item was originally scheduled to be heard by the Planning Commission on January 17, 2023.
However, due to a lack of a quorum, the hearing of this item was rescheduled to be heard at a Special
Planning Commission meeting on January 31, 2023.
Role of the City Commission
The role of the Planning Commission in this case was to determine whether the storage of consumer
fireworks should be classified as a permitted use within the City or as a conditional use subject to
Planning Commission review and approval of the proposed location and facility design.
Current Zoning Requirements
The current 1-2 (Light Industrial) district regulations do not allow the storage of any explosive material
(including the storage of consumer grade fireworks [1.4%
The current 1-3 (Heavy Industrial) district regulation [Section 42-383(3)] allows the storage of fireworks
as a conditional use permit:
Sec. 42-383. Conditional uses.
Conditional uses in the 1-3 district are as follows:
(1) Anhydrous ammonia production and storage subject to the development limitations in
section 42-386(3);
(2) Electronic cigarette establishments;
(3) Explosives manufacture and storage (including fireworks) subject to the
development limitations in section 42-386(1);
(4) Junkyard subject to the development limitations in section 42-386(3);
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT:
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
FISCAL APPROVAL:
10
FINAL APPROVAL:
M
(5) Salvage yard subject to the development limitations in section 42-386(3);
(6) Scrap metal processing subject to the development limitations in section 42-386(3);
(7) Shooting ranges (indoor);
(8) Tobacco shops;
(9) Wrecking yard subject to the development limitations in section 42-386(3).
Proposed Zoning Text Amendment
The new 1-2 (Light Industrial) district [Section 42-362(127)] proposed by the applicant would allow the
storage of consumer grade fireworks [1.4G] as a permitted use.
Sec. 42-362. Permitted uses.
Permitted uses in the 1-2 district are as follows:
(1) Any retail or commercial use, except those listed as conditional uses in the 1-2 or 1-3
districts;
(2) Adding machine manufacture;
(3) ...
(124) Soda water manufacture;
(125) Sporting goods manufacture;
(126) Stair manufacture;
(127) Storage of consumer grade fireworks [1.4G] (no storage of 1.3G fireworks or
other explosives) subject to the locational and separation requirements imposed
on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(128) Storage warehouse;
(129) ...
The new 1-3 (Heavy Industrial) district [Section 42-382(109)] proposed by the applicant would allow
the storage of consumer grade fireworks [1.4G] as a permitted use.
Sec. 42-382. Permitted uses.
Permitted uses in the 1-3 district are as follows:
(1) Any retail or commercial use except those listed as conditional in section 42-383;
(2) All permitted uses in the 1-2 district except those listed as conditional in section 42-383;
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
(3) ...
(106) Starch manufacture;
(107) Soybean oil manufacture;
(108) Stone cutting and screening;
FISCAL APPROVAL:
FINAL APPROVAL:
L'MA
(109) Storage of consumer grade fireworks [1.4G] (no storage of 1.3G fireworks or
other explosives) subject to the locational and separation requirements imposed
on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(109) Stove and range manufacture;
(110) ...
The new 1-3 (Heavy Industrial) district [Section 42-383(3)] proposed by the applicant would continue to
require a conditional use permit to allow the storage of display grade fireworks [1.3G] and adds
clarifying language to that effect:
Sec. 42-383. Conditional uses.
Conditional uses in the 1-3 district are as follows:
(1) Anhydrous ammonia production and storage subject to the development limitations in
section 42-386(3);
(2) Electronic cigarette establishments;
(3) Explosives manufacture and storage (including display grade fireworks [1.3G])
subject to the development limitations in section 42-386(1);
(4) Junkyard subject to the development limitations in section 42-386(3);
(5) Salvage yard subject to the development limitations in section 42-386(3);
(6) Scrap metal processing subject to the development limitations in section 42-386(3);
(7) Shooting ranges (indoor);
(8) Tobacco shops;
(9) Wrecking yard subject to the development limitations in section 42-386(3).
Staff Analysis
Through research and discussions with the Interim Building Official and Fire Marshal, planning staff
has learned that there is a categorical difference between display grade fireworks [1.3G] and
consumer grade fireworks [1.4G].
AGENDA SECTION
NO:
ITEM
NO:
Page 6
1.3G — Display Grade Fireworks
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
FISCAL APPROVAL:
M
FINAL APPROVAL:
M
Class 1.3G display fireworks are not for sale to the general public, as they exceed the
maximum amount of explosive materials that consumer fireworks can contain. They are
designed for professional fireworks technicians who have undergone specialized training and
carry up to date licenses.
There are stringent restrictions regarding the sale, possession, storage, and use of display
fireworks. These are the fireworks used in professional shows put on by theme parks, cities,
and other large organizations for the benefit of numerous patrons. They are not legal or safe
for members of the public to possess or use.
1 AG — Consumer Grade Fireworks
To receive a rating of 1 AG, fireworks may contain no more than 50 milligrams of flash powder
for ground effects fireworks or 130 milligrams of flash powder for aerial effects fireworks. In
addition, there are specific restrictions on the chemicals that may be used to create consumer
fireworks, and some chemicals are specifically prohibited due to their volatility.
Because they are less volatile than display fireworks, the importation, distribution, and storage
of 1 AG fireworks are not regulated at the federal level. However, anyone manufacturing
consumer fireworks in the United States must obtain a federal license to do so.
The International Fire Code (IFC) definitions of fireworks is as follows:
Fireworks. Any composition or device for the purpose of producing a visible or any audible
effect for entertainment purposes by combustion, deflagration or detonation that meets the
definition of 1 AG fireworks or 1.3G fireworks as set forth herein.
Fireworks, 1.4G. Small fireworks devices containing restricted amounts of pyrotechnic
composition designed primarily to produce visible or audible effects by combustion. Such 1 AG
fireworks which comply with the construction, chemical composition and labeling regulations of
DOTn for Fireworks, UN 0336, and U.S. Consumer Product Safety Commission as set forth in
CPSC 16 CFR Parts 1500 and 1507, are not explosive materials for the purpose of this code.
Fireworks, 1.3G. Large fireworks devices, which are explosive materials, intended for use in
fireworks displays and designed to produce audible and visible effects by combustion,
deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers
containing more than 130 milligrams of explosive composition, aerial shells containing more
than 40 grams of pyrotechnic composition and other display pieces which exceed the limits for
classification as 1 AG fireworks. Such 1.3G fireworks are also described as Fireworks, UN
0335 by the DOTn.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
DEVELOPMENT SERVICES BY.
ITEM PLANNING FINAL APPROVAL:
NO:
Page 7 BY: Dean Andrew BY:
The Building Code and Fire Code separates consumer grade fireworks [1.4G] from display grade
fireworks [1.3G] and other explosives. Display grade fireworks [1.3G] and other explosives have much
more stringent construction requirements than consumer grade fireworks [1 AG] which are designed to
be used by the general public.
Storage facilities intended for the storage of display grade fireworks [1.3G] are classified as H-1 or H-2
occupancies and have specific construction requirements for explosive magazines. All explosive
materials must be kept in magazines that meet the construction, locking and table of distance
requirements of Title 27 (Alcohol, Tobacco Products and Firearms) of the Code of Federal Regulations
(CFR), Part 555, Subpart K. Magazines must be inspected every 7 days.
By contrast, consumer grade fireworks [1.4G] have much less stringent requirements. The Building
Code classifies the storage of consumer grade fireworks [1.4G] as an H-3 occupancy which is less
restrictive than H-1 and H-2 occupancy classifications and allows for taller and larger storage spaces
and less restrictive construction requirements.
FISCAL NOTE:
There would be no fiscal impact on the City if this zoning text amendment is approved.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on this proposed text amendment at a special
meeting held on January 31, 2023. Following presentation of the staff report, comments from Acting
Building Official, Shawn Homan and Joe Kvacik representing the Salina Fire Department and
comments from the applicants representatives, the Planning Commission voted 6-0 to recommend
approval of the proposed text amendment to add storage of consumer fireworks [1.4G)] as a
permitted use in the 1-2 and 1-3 districts subject to the same separation requirements as consumer
fireworks stands and retaining the conditional use permit requirement for storage of professional
display [1.3G] fireworks.
The Planning Commission determined that because the International Building Code and International
Fire Code treat consumer grade fireworks [1 AG] and display grade fireworks [1.3G] differently from a
regulatory standpoint that the Zoning Ordinance should also distinguish between the two (2)
categories of fireworks.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) The City Commission could approve the proposed text amendment as drafted and presented
and approve Ordinance No. 23-11143 on first reading.
2.) The City Commission could approve Ordinance No. 23-11143 on first reading subject to any
additions, deletions or revisions to the amendment language supported by a majority of
Commission members. [At least four (4) affirmative votes would be needed in support of the
amended language].
AGENDA SECTION
NO:
ITEM
NO:
Page 8
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT
DEVELOPMENT SERVICES
PLANNING
BY: Dean Andrew
FISCAL APPROVAL:
M
FINAL APPROVAL:
M
3.) The City Commission could postpone consideration of this proposed zoning text amendment to
allow staff to provide additional information on this topic.
4.) The City Commission could return this item to the Planning Commission for reconsideration to
allow major revisions to be made to the text amendment such as more prescriptive standards.
5.) The City Commission could decide that the status quo should be maintained and that no
changes should be made to the current zoning regulations regarding storage or fireworks. A
motion should then be made that Ordinance No. 23-11143 not be approved.
Attachments: Application
Excerpt of 1/31/23 PC Minutes
Ordinance No. 23-11143
CC: Jerry Hellmer
Chris Helm
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QC 2 022
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city of
IN
Receipt No.
Sauna
Planning &
Community
Develoument
Publication Date
QC 2 022
Application No.
Date Filed
_ 3
tQo j 2 OZ.Z
Hearin Date
Jan 171, 7 -O -Z3
Filing Fee
Receipt No.
IF
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for:
Chris Helm is requesting the following:
Amendment of 1-2 Light Industrial District and 1-2 Heavy Industrial District Regulations.
The requested amendment would affect Sec. 42-362 and 42-382.
It is proposed to amend Section 42-362 to add storage of consumer fireworks 1.4G to the list of permitted uses in the ,I-2
District and amend section 42-382 to add storage of consumer fireworks 1.4G to the list of permitted uses in the 1-3 District.
It is proposed to amend Section 42-383(3) to read: Explosives manufacture and storage of consumer fireworks II AG
subject to the development limitations in Section 42-386(1).
Applicant's Name (print) (, h /1,5 P",/ 4
Applicant(s) Signature& IZAA^ Date 11-22-2022
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 is to be represented by legal counsel or an authorized agent, please complete the following in order that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
Name of representative
Mailing Address, City, State, Zip
Jerome P. Hellmer
301 N. Ninth Salina, Kansas 67401
Telephone. (Business) and E -Mail 785--643-0419 email jphhellmer@gmail.com
PLF — 053, Application Zoning Text Amendment, Rev. 6-2008
Attachment
October 17, 2022 Meeting
Follow Up Letter
COMMUNITY & DEVELOPMENT SERVICES
Margy Clem, Development Coordinator
Room 205
300 West Ash • P.O. Box 736
Salina, Kansas 67402-0736
October 21, 2022
Jerome Hellmer
301 N 911 Street
Salina, KS 67401
Dear Mr. Hellmer:
r'rtyof TELEPHONE • (785) 309-5715
FAX - (785) 309-5713
TIQD • (785) 309-5747
E-MAIL • rnaroyclem(a-)salina.org
Salina
WEBSITE �Nww.salina-ks.gov
Thank you for meeting with City staff on Monday, October 17th at 11:00 a.m. This is a record of that conversation
and the next steps for you and/or your client as discussed.
The 1-3 (Heavy Industrial) district currently allows "Explosives manufacture and storage (including fireworks)
subject to the development limitations in section 42-386(3)" as a conditional use. You have expressed that your
client prefers to have the intended use of a property be a permitted use for financing purposes. You also
indicated that your client is only interested in the storage of consumer grade fireworks (1.4G) and no other
larger explosives. Explosives, as defined by the International Fire Code, are any material determined to be
within the scope of USF Title 18: Chapter 40 and also includes any material classified as an explosive other
than consumer fireworks, 1.4G by the hazardous materials regulations of DOT n 49 CFR Parts 100-185.
In the meeting, staff discussed with you the process for applying for a zoning text ani endment to update
Sections 42-382 and 42-383 of Salina Municipal Code. The process will include you or you r client submitting an
application requesting the change in a specific section of code, staff providing notice to the public and drafting a
staff report / agenda packet, and public hearings before both the Planning Commission and City Commission.
That process is outlined by important dates to consider on the attached 2022 Zoning Schedule.
At the end of the meeting, we discussed how to request this text amendment and the following has been
drafted for you to review:
Add "Storage of consumer fireworks, 1.4G " to Section 42-382
Revise Section 42-383(3) to state: "Explosives (any material determined to be within the scope of USF
Title 18: Chapter 40 and also includes any material classified as an explosive other than consumer
fireworks, 1.4G by the hazardous materials regulations of DOT n 49 CFR Parts 100-185) manufacture
and storage subject to the development limitations in section 42-386(3)"
Please do not hesitate to reach out if you have any questions.
Sincerely,
U YI
Margy Cle UW
Development Coordinator
Encl: Zoning Text Amendment Application
2022 Zoning Schedule
cc: Dustin Herrs, Planner
Shawn Homan, Acting Building Official
Troy Long, Fire Marshal
Lauren Driscoll, Dir. of Community & Development Services
Attachment
Consumer Fireworks Stand
Separation Requirements
Consumer Fireworks Facility
Section 42-59(d)(2)
Consumer Fireworks Facility. A temporary use permit may be issued for a
consumer fireworks facility for the display and sale of approved consumer
fireworks to the public for personal use on a C-3, C-5, C-6, C-7 zoned property
for the period beginning on June 27 and ending on July 4 in any calendar year
provided that the following additional provisions are met:
a. Consumer fireworks facilities may operate from tents or canopies only,
with a maximum size of fifty-eight hundred (5,800) square feet. Consumer
fireworks may not be sold from trailers or any form of temporary building or
structure. Tents or canopies must be inspected by the Fire Department
prior to being stocked with merchandise and must comply with NFPA,
Chapter 7.
b. Only one (1) consumer fireworks facility shall be permitted on a zoning lot.
c. The location of any tent or canopy used as a consumer fireworks facility
must comply with the following setbacks:
1. The tent or canopy shall be located at least twenty-five (25) feet from
the right-of-way of any public street.
2. The tent or canopy must be located at least three hundred (300) feet
from any residentially zoned property.
3. The tent or canopy must be located at least fifty (50) feet from any
other structure on the zoning lot or adjoining zoning lot.
4. The tent or canopy must be located at least twenty (20) feet from any
adjoining nonresidential property line.
5. The tent or canopy must maintain a ten -foot separation from any
parked vehicles on the zoning lot or adjoining zoning lot.
6. The tent or canopy must maintain a three hundred -foot separation
from any fueling facility.
7. A single secure storage unit for consumer fireworks inventory meeting
NFPA standards and not exceeding four hundred twenty-four (424)
square feet in size may be located on the site of the consumer
fireworks facility but must maintain a twenty -foot setback from the tent
or canopy and any other structure on the zoning lot or adjoining
zoning lot.
d. The location of the consumer fireworks facility shall have access from a
public street from an approved driveway curb cut. The location and
entrance of the tent on the site shall not create any hazard relating to the
movement or circulation of traffic or pedestrians either on the zoning lot it
is located on or adjacent public streets.
Page 1 of 4
e. Consumer fireworks facilities are only permitted on zoning lots that have
surplus parking based on the city's off-street parking requirements. The
location of the consumer fireworks facility may not occupy or displace
areas utilized as required off-street parking or loading areas for another
use on the zoning lot. Off-street parking shall be provided at a ratio of one
(1) space per two hundred (200) square feet of space occupied by the
temporary tent, but in no instance shall there be less than five (5) off-street
paved parking spaces, including at least one (1) van accessible handicap
parking stall, at or near the location of the operation.
Advertising banners may be attached to the exterior of the sales tent. In
addition, one (1) ground sign not exceeding thirty-two (32) square feet
shall be permitted on the same zoning lot as the consumer fireworks
facility. The sign may be illuminated but shall not be a flashing sign. No
balloons or other inflatable attention getting devices or rotating
searchlights shall be permitted on site. All off -premise advertising signs
must comply with the requirements of the sign regulations in Chapter 42
and may not be placed in the public right-of-way. No person shall be
allowed within any street right-of-way directing or flagging vehicles into the
sales location.
g. Firework sales at consumer fireworks facilities shall be restricted to the
hours of 8:00 a.m. to 10:00 p.m.
h. A person eighteen (18) years of age or older shall be present to supervise
the operation of the stand at all times.
Each consumer fireworks facility shall have a portable restroom unless
there are public restrooms on the site and the facility operator has
obtained formal permission to use them.
The location of the consumer fireworks facility shall be maintained in a
clean, clutter free environment and free of blowing trash. The applicant
shall provide at the time of application their method for the proper disposal
of waste.
k. Upon closure of the consumer fireworks facility, all inventory must be
removed from the site (tent and storage unit) by July 7. The tent and all
trash and trash receptacles, portable restrooms, fences, barriers, tie -down
materials and all other items associated with the temporary sale shall be
removed from the site by July 17.
The police department, fire department and/or planning department shall
periodically inspect such consumer fireworks operations for compliance
with the above listed standards. Upon a report and recommendation from
a police officer, fire marshal or the zoning administrator, the city manager
may revoke or suspend a consumer fireworks temporary use permit and
shall have the authority to close any facility operating in violation of these
provisions.
Page 2 of 4
m. Applications for consumer fireworks facility shall be filed with the city clerk
and shall include the following:
A site plan of the proposed facility site drawn to an accurate scale and
showing all pertinent information, including:
The proposed location and size of the tent or canopy that
would be erected for the display and sale of fireworks and
the location and size of any storage unit to be placed on the
site;
The proposed location of any portable restrooms and/or
waste containers;
iii. The distance from the tent to the nearest public street right-
of-way.
iv. The distance from the tent to all abutting property lines;
v. The distance from the tent to all other structures on the site
and adjoining property;
vi. The distance from the tent to any nearby fueling facilities;
vii. The number and location of fire extinguishers, water barrel
and / or hoses as required by KAR 22-6-4 and amendments
thereto;
viii. The number and location of off-street parking spaces at the
facility, including handicap accessible spaces; and
ix. The location of the electrical power source serving the
facility. If power will be furnished by a generator, the
proposed location of the generator.
(The application material shall provide sufficient information, as
determined by the zoning administrator, to allow a complete review of
the proposal. The application material shall also include sufficient
detail to indicate compliance with all performance standards. Failure
to provide adequate information may result in the rejection of the
application.);
2. The name and phone number of the individual responsible for
overseeing the operation of the consumer fireworks facility and a copy
of the lease or other written agreement between the facility operator
and the owner of the property if applicable;
3. A copy of the written permission obtained from the business or
property owner to allow the facility's employees and customers to
utilize the public restrooms on site, if applicable;
4. A copy of a sales tax certificate obtained from the State of Kansas;
5. A copy of the certificate of flame retardant treatment for the tent; and
6. Proof of general liability insurance coverage for the facility.
Page 3 of 4
Page 4of4
Mr. Nelson stated that they were ok with a gravel walkway being placed. Between the
parking lot and utility hut.
Commissioner Olson asked if technicians would be allowed to use the parking lot for their
vehicles.
Mr. Nelson confirmed that technicians were allowed to park there.
Commissioner Ivey and Mr. Andrew discussed whether any further development of this
lot would be permissible.
Mr. Andrew responded that any other potential permit requests on this site would be
brought before the Planning Commission for their review.
Chair Mikesell asked if there were questions of the applicant. There were none.
Chair Mikesell asked if there were comments or questions from members of the public in
attendance. There were none.
Chair Mikesell confirmed there were no further comments or questions from members of
the public or via Zoom, closed the public hearing and brought this item back to the
Commission for discussion and action.
MOTION: Commissioner Farber made a motion to approve
Application #CU22-11, filed by Clearwave Fiber, including
the four (4) conditions outlined in the packet.
SECOND: Commissioner Olson
VOTE: Motion carried 6-0.
• Legislative Matters
(3.3) Application # Z22-13, filed by Jerry Helmer on behalf of Chris Helm, requesting an
amendment of Section 42-362 of the 1-2 (Light Industrial) District Regulations and Section
42-382 of the 1-3 (Heavy Industrial) District Regulations to add storage of consumer
fireworks [1.4G] to the list of permitted uses in the 1-2 (Light Industrial) and 1-3 (Heavy
Industrial) zoning districts.
Mr. Andrew presented the staff report with visual graphics which are contained in today's
meeting packet.
Chair Mikesell asked the Commission if there were any questions for staff.
Interim Building Official Shawn Homan said that the Building Code and Fire Code have
already made the distinction between consumer fireworks and explosives. In the Building
Code where explosives are specifically referred to, an exception is included for consumer
fireworks 1.4G. The building code further defines prescriptive information about what an
appropriate storage building for these fireworks would entail. He supports updating the
PLANNING COMMISSION I MINUTES
January 31, 2023
Page 5of9
language of the Zoning Code to match the definition of explosives and the exception to
1 AG consumer fireworks already outlined in both the Building and Fire Codes.
Joe Kvacik of the Salina Fire Department stated that the definition of explosives in the
Fire Code is the same as the Building Code. Any storage building constructed would
require a sprinkler system. The facility would be safer than fireworks tents. There is plenty
of water in the city, which makes building the storage building within the city limits make
sense.
Chair Mikesell asked if the fireworks are marked as consumer grade or professional
grade.
Mr. Kvacik said that during inspections, each box is checked to make sure that they say
1.4G. 1.3G fireworks are normally a lot bigger. The Fire Department rarely finds 1.3G
items in the tents as the proprietors know they are not allowed. The inspectors make sure
they are marked as 1 AG on the fireworks packaging.
Chair Mikesell asked if inspections would be performed at the warehouse if this use
became permitted.
Mr. Kvacik said that the warehouse would undergo at minimum an annual inspection. The
state fire marshal's office would perform inspections as well. The applicant would be
licensed under the state fire marshal's office, too.
Chair Mikesell invited the applicant to address the Commission.
Mr. Jerry Helmer, applicant, said he wanted to thank Mr. Andrew for his help in guiding
the applicants through the process of obtaining consideration of the code amendment
before the Planning Commission. He stated that Mr. Helm has no desire to go into the
explosive type side of fireworks storage. He said that this amendment would facilitate
appropriate storage of consumer fireworks. They would be regulated by the City as well
as the State of Kansas.
Chair Mikesell asked if there were questions of the applicant. There were none.
Mr. Andrew stated that staff has put forward the suggestion that a fireworks storage facility
be subject to the same setback and separation standards as fireworks stands.
Chair Mikesell asked if there were comments or questions from members of the public in
attendance. There were none.
Commissioner Alt and Mr. Andrew had a discussion about temporary storage and how
that was relevant to the information presented in the packet.
Mr. Andrew stated that the background information provided to the Commission was to
show how things occurred over time in consumer fireworks sales. On-site storage was
originally limited to 120 sq. ft. for fireworks stands. The maximum allowed on site storage
square footage has been changed to 424 sq. ft., equivalent to the size of a semi -trailer.
The visuals presented in the packet were intended to give the Commission an idea of
what current allowable storage looks like.
PLANNING COMMISSION I MINUTES
January 31, 2023
Page 6of9
Chair Mikesell confirmed there were no further comments or questions from members of
the public or via Zoom, closed the public hearing and brought this item back to the
Commission for discussion and action.
--� MOTION: Commissioner Farber made a motion recommending
that the proposed text amendment be approved as
presented in Option #2 in the staff report, which
incorporates the same separation requirements as
fireworks stands
VOTE:
Administrative Items
Commissioner Alt
Motion carried 6-0.
(3.4) Review of the proposed 2023 Capital Improvement Program (CIP) projects for
conformance with the Comprehensive Plan.
Mr. Andrew presented an overview of the major projects contained in the proposed 2023
CIP.
Commissioner Ivey proposed that the renovation of the pond at Jerry Ivey Park be
considered as a project — to replace the existing pond rather than remove it.
Mr. Andrew stated that there were leftover funds in the Base Grant from the State of
Kansas. The City and County have submitted an application to the State to fund the
reconstruction of West Magnolia Road from the interstate out to Centennial Road. There
was also an application to the State submitted by the City and County requesting funds
to assist in paving Holmes Road around the Crawford/Holmes Road intersection and
north of Magnolia.
MOTION: Commissioner Alt made a motion to approve the 2023
Capital Improvement Program (CIP) as proposed.
SECOND: Commissioner Olson
VOTE: Motion carried 6-0.
(3.5) Presentation of 2022 Annual Report
Mr. Andrew presented a summary of the report to the Commission. He informed the
Commission that James Jones has resigned from the Planning Commission effective
January 31, 2023. This puts the Planning Commission membership at six (6) appointed
members. Full membership is nine (9).
PLANNING COMMISSION I MINUTES
January 31, 2023
Page 7 of 9
(Summary published in The Salina Journal on March , 2023.)
(Published on the City of Salina's website for a minimum of one week from March _, 2023.)
ORDINANCE NUMBER 22-11143
AN ORDINANCE AMENDING SALINA CODE SECTIONS 42-362, 42-382 AND 42-383
PERTAINING TO PERMITTED AND CONDITIONAL USES IN THE I-2 LIGHT
INDUSTRIAL AND I-3 HEAVY INDUSTRIAL DISTRICT AND REPEALING EXISTING
SECTIONS 42-362, 42-382, 42-383.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 42-362 of the Salina Code is amended to read as follows:
Sec. 42-362. — Permitted uses.
Permitted uses in the I-2 district are as follows:
(1) Any retail or commercial use, except those listed as conditional uses in the I-2 or I-3 districts;
(2) Adding machine manufacture;
(3) Armories;
(4) Artificial flower manufacture;
(5) Automobile assembly;
(6) Automobile and truck washes;
(7) Automobile rental agency;
(8) Automobile repair (no wrecking yard);
(9) Bakery, wholesale;
(10) Beverage manufacturing and bottling (excluding malts and spirits);
(11) Bicycle manufacture;
(12) Blacksmith (no salvage yard);
(13) Book publishing;
(14) Boot and shoe manufacture;
(15) Bottling works;
(16) Broom manufacture;
(17) Building materials yard;
(18) Cabinet maker;
(19) Candy manufacture;
(20) Canning and preserving factory;
(21) Cap and hat manufacture;
(22) Carpenter shop;
(23) Carpet cleaning;
(24) Cleaning and pressing;
(25) Clock factory;
(26) Clothing manufacture;
(27) Coffin manufacture;
(28) Cold storage warehouse;
(29) Commission house;
(30) Concrete burial vault company;
(31) Condensed milk manufacture;
(32) Contractor's storage yard and offices;
(33) Cosmetic manufacture;
(34) Creamery, wholesale;
(35) Dairy, wholesale;
(36) Dental laboratory;
(37) Drug manufacture;
(38) Dry cleaning establishment;
(39) Drygoods, wholesale;
(40) Dyeing and cleaning;
(41) Electrical repair;
(42) Electrical sign manufacture;
(43) Enameling and painting;
(44) Engraving plant;
(45) Envelope manufacture;
(46) Express storage and delivery, station;
(47) Feed and seed stores;
(48) Feed manufacturer;
(49) Feed, wholesale;
(50) Flour and grain storage and elevators;
(51) Food products manufacture;
(52) Frozen food lockers;
(53) Fruit and vegetable drying;
(54) Fur warehouse;
(55) Furniture warehouse/storage;
(56) Garage, repair;
(57) Garment factory;
(58) Greenhouses, retail and wholesale;
(59) Grocery store, wholesale;
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(60) Gymnasium equipment manufacture;
(61) Hangars with repair facilities;
(62) Hat cleaning;
(63) Hatchery;
(64) Hay, grain, feed, wholesale;
(65) Ice cream manufacture;
(66) Ice manufacture;
(67) Jewelry manufacture;
(68) Knit goods manufacture;
(69) Laboratories;
(70) Laundry;
(71) Limb (artificial) manufacture; (prosthesis manufacture);
(72) Lime and cement warehouse;
(73) Looseleaf book manufacture;
(74) Lumber yard;
(75) Macaroni manufacture;
(76) Machinery and implement sales, rental, storage and repair;
(77) Mattress manufacture;
(78) Medicine manufacture;
(79) Metal fabrication and assembly;
(80) Milk bottling plant;
(81) Milk depot, wholesale;
(82) ,Millinery making;
(83) Mineral distillation and bottling;
(84) Mini -warehouses;
(85) Mobile home sales and service;
(86) Motorcycle repair;
(87) Moving company, with storage facilities;
(88) Newspaper offices and printing;
(89) Office building on same site as industry (factory);
(90) Office equipment and supply manufacture;
(91) Optical goods manufacture;
(92) Organ manufacture;
(93) Overalls manufacture;
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(94) Paper products manufacture;
(95) Pencil factory;
(96) Perfumery;
(97) Pest control and exterminators;
(98) Pharmaceutical products manufacture;
(99) Phonograph manufacture;
(100) Photo engraving company;
(101) Piano manufacture;
(102) Plumbing shop;
(103) Popcorn factory;
(104) Printing plants;
(105) Produce warehouse;
(106) Public utility plants and services, including substations;
(107) Publishing company;
(108) Pump station;
(109) Radio manufacture;
(I 10) Recycling center;
(I 11) Refrigerator manufacture;
(112) Refuse service;
(113) Relay station (radio, television, etc.);
(114) Research facilities;
(115) Rug cleaning;
(116) Saddle manufacture;
(117) Screw and bolt manufacture;
(118) Seed company (processing);
(119) Sheet metal shop;
(120) Shirt factory;
(12 1) Sign painting;
(122) Small animal hospitals;
(123) Soap manufacture;
(124) Soda water manufacture;
(125) Sporting goods manufacture;
(126) Stair manufacture;
I
(127) Storage of consumer grade fireworks [1.4G] subject to the locational and separation
requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(128) Storage warehouse;
(129) Tailor shop;
(13 0) Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and
body piercing shall be located at least two hundred (200) feet from a church, school, day
care center, park or residential zoning district;
(13 1 ) Taxicab storage, repair;
(132) Tea and spice packing;
(133) Television aerials (classed with building to which attached);
(134) Television manufacture;
(13 5) Television sending or relay towers;
(13 6) Textile manufacture;
(13 7) Thermometer or thermostat manufacture;
(13 8) Tin products, wholesale;
(13 9) Tinsmith shop;
(140) Tire repair shop, recapping, etc.;
(141) Transfer company, baggage storage;
(142) Truck sales, rental and service;
(143) Truck terminals;
(144) Trunk manufacture;
(145) Upholstery manufacture;
(146) Vulcanizing shop (rubber);
(147) Wallpaper manufacture;
(148) Warehouse;
(149) Washing machine manufacture;
(15 0) Watch manufacture;
(15 1) Water company appurtenances;
(152) Waterproofing treatment and manufacture;
(153) Welding shop (no salvage);
(154) Wholesale houses;
(155) Wholesale produce storage and market;
(15 6) Window shade manufacture;
(15 7) Wire brush manufacture;
(15 8) Wood products manufacture;
(15 9) Woodworking shops;
(160) Worsted goods manufacture;
(16 1) Wrecker service (no impound yard but wrecking yard);
(162) Woven goods manufacture;
(163) Accessory and temporary uses, as permitted by article IV of this chapter;
(164) Signs, as permitted by article X of this chapter;
(165) Off-street parking and loading, as required by article XI of this chapter;
(166) Any other similar industrial use, provided that it complies with the limitations in section 42-
366.
Section 2. Amendment. Section 42-382 of the Salina Code is amended to read as follows:
Sec. 42-382. Permitted uses.
Permitted uses in the 1-3 district are as follows:
(1) Any retail or commercial use except those listed as conditional in section 42-383;
(2) All permitted uses in the I-2 district except those listed as conditional in section 42-383;
(3) Airplane repair and manufacture;
(4) Automobile manufacturing;
(5) Bag cleaning;
(6) Bank equipment manufacture;
(7) Barrel manufacture;
(8) Beet sugar manufacture;
(9) Beverage manufacture and bottling;
(10) Bleaching powder manufacture;
(11) Blooming mill;
(12) Blueing manufacture;
(13) Boat manufacture;
(14) Box manufacture;
(15) Brass foundry;
(16) Brewery;
(17) Brick yard and kiln;
(18) Bronze manufacture;
(19) Brush manufacture;
(20) Can manufacture;
(21) Candle manufacture;
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(22) Car manufacture;
(23) Car wheel foundry;
(24) Cast iron pipe manufacture;
(25) Casting foundry;
(26) Celluloid manufacture;
(27) Chalk manufacture;
(28) Charcoal manufacture and pulverizing;
(29) Cheese manufacture;
(30) Chocolate and cocoa products;
(31) Cider and vinegar manufacture;
(32) Clay products;
(33) Coal yards;
(34) Coffee roasting;
(35) Concrete batching or "ready mixed" plant;
(36) Concrete products company;
(37) Copper manufacture;
(38) Cotton yarn manufacture;
(39) Culvert pipe manufacture;
(40) Electrical supply manufacture;
(41) Elevator manufacture;
(42) Emery cloth manufacture;
(43) Engine manufacture;
(44) Excelsior manufacture;
(45) Fire brick manufacture;
(46) Fire clay products manufacture;
(47) Flour and grain milling;
(48) Foundry;
(49) Fuel storage and distribution;
(50) Furnace manufacture;
(5 1) Furniture manufacture;
(52) Glass manufacture;
(53) Hair products factory;
(54) Hardware manufacture;
(55) Heating supplies and appliances manufacture;
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(56) Hosiery mill;
(57) Iron (ornamental) works;
(58) Lath manufacture;
(59) Laundry machinery manufacture;
(60) Leather and leather goods manufacture;
(61) Light and power manufacture;
(62) Linen goods manufacture;
(63) Linoleum manufacture;
(64) Lubricating machinery manufacture;
(65) Lumber mill;
(66) Machine shop;
(67) Machinery manufacture;
(68) Mailbox manufacture;
(69) Malt products manufacture;
(70) Meat cutter and coffee grinder manufacture;
(71) Meat packing plant;
(72) Metal polish manufacture;
(73) Metal weather-stripping manufacture;
(74) Milling company;
(75) Mini -warehouses;
(76) Monument works;
(77) Motorcycle manufacture;
(78) Nail manufacture;
(79) Needle manufacture;
(80) Oilcloth manufacture;
(81) Packing (meat, poultry) plant;
(82) Pattern shop;
(83) Pipe (concrete) manufacture;
(84) Pipe (metal) manufacture;
(85) Planning mill;
(86) Plaster of Paris manufacture;
(87) Plating works;
(88) Poultry food manufacture;
(89) Printing ink manufacture;
N
(90) Quilt manufacture;
(91) Radiator (heating) manufacture;
(92) Rivet manufacture;
(93) Rope manufacture;
(94) Rubber cement manufacture;
(95) Rubber manufacture;
(96) Rug manufacture;
(97) Salt manufacture;
(98) Sand and gravel storage yard;
(99) Sand paper manufacture;
(100) Sausage or sausage casing manufacture;
(101) Sawmill;
(102) Sewer pipe manufacture;
(103) Shingle manufacture;
(104) Shoe manufacture;
(105) Shovel manufacture;
(106) Starch manufacture;
(107) Soybean oil manufacture;
(108) Stone cutting and screening;
(109) Storage of consumer grade fireworks [1.4G] subject to the locational and separation
requirements imposed on Consumer Fireworks Facilities in Section 42-59(d)(2)(c);
(I 10) Stove and range manufacture;
(I 11) Sweeping compound manufacture;
(112) Syrup and preserve manufacture;
(113) Tack manufacture;
(114) Tattoo parlors and body piercing studios, provided that all facilities used for tattooing and
body piercing shall be located at least two hundred (200) feet from a church, school, day
care center, park or residential zoning district;
(115) Terra cotta manufacture;
(116) Tile manufacture;
(117) Tin foil manufacture;
(118) Tin products manufacture;
(119) Tire manufacture;
(120) Tool manufacture;
(12 1) Vinegar manufacture;
C
(122) Washing powder manufacture;
(123) Washing soda manufacture;
(124) Waste paper products manufacture;
(125) Wire manufacture;
(126) Wood preserving treatment manufacture;
(127) Accessory and temporary uses, as permitted by article IV of this chapter;
(128) Signs, as permitted by article X of this chapter;
(129) Off-street parking and loading, as required by article XI of this chapter.
Section 3. Amendment. Section 42-383 of the Salina Code is amended to read as follows:
Sec. 42-383. Conditional uses.
Conditional uses in the I-3 district are as follows:
(1) Anhydrous ammonia production and storage subject to the development limitations in section
42-386(3);
(2) Electronic cigarette establishments;
(3) Explosives manufacture and storage (including display grade fireworks [1.3G]) subject to the
development limitations in section 42-386(1);
(4) Junkyard subject to the development limitations in section 42-386(3);
(5) Salvage yard subject to the development limitations in section 42-386(3);
(6) Scrap metal processing subject to the development limitations in section 42-386(3);
(7) Shooting ranges (indoor);
(8) Tobacco shops;
(9) Wrecking yard subject to the development limitations in section 42-386(3).
Section 4. Repealer. Existing Salina Code Section 42-362, 42-382 and 42-383 are repealed.
Section 5. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 23-11143 Summary
On March 6, 2023, the City Commission passed Ordinance No. 23-11143. The Ordinance
amends Salina Code Sec. 42-362 and 42-382 by adding storage of consumer grade fireworks
[1.4G] to the list of permitted uses in the I-2 (Light Industrial) and I-3 (Heavy Industrial)
districts and amends Section 42-383 to clarify that only the storage of display grade fireworks
[1.3G] requires approval of a conditional use permit in the I-3 (Heavy Industrial) district and
repeals the existing Sections 42-362, 42-382, 42-383. A complete copy of the Ordinance can be
10
found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This
summary is certified by the City's legal counsel.
Introduced: February 27, 2023
Passed: March 6, 2023
Michael L. Hoppock, Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
The publication summary set forth above is certified this day of March, 2023.
Greg A. Bengtson, City Attorney
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