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7.1 Group Facilities Defined CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 3/21/94 4:~ P.M. AGENDA SECTION: Development O~GINATING DEPARTMENT: APPROVED FOR NO. AGENDA: 7 PLANNING & DEVELOPMENT ITEM: Roy Dudark ~ NO' 1 and la. By: BY: Item Application Z94-1, filed by Salina City Planning COmmission, requesting amendment to the zoning ordinance Sec. 42-318 bY adding group care facilities; group rehabilitation facilities; hospitals, sanitariums, rest homes and nursing homes; multi-family dwellings; and multi-family dwellings for elderly and/or handicapped persons, amendment to Sec. 42-661 by amending the definition of "dwelling", amendment of Sec. 42-669 by amending the definition of "family", and the addition of Sec. 42-759.1 to provide a definition of "Rooming and boarding house". Background During review and discussion of a recent application tO convert the former Days Inn Motel to apartments and sleeping rgoms, some questions were identified regarding the application of ~he city's zoning regulations to such uses. One fundamental~ question concerns what residential-type uses could motels be ~converted into under the terms of the zoning ordinance? This is an important matter for some motel properties whose locatians may no longer be as economically viable as they once were due to changes in traffic patterns, market conditions or surrounding land.uses. Presently, the zoning ordinance allows hotels and motels as a permitted use in the C-3 thru C-7 districts while multi-family dwellings are allowed as a conditional use in only the C-3 and C-4 districts. Thus a motel zoned C-5, which is ~a common situation, could not be converted to residential use without rezoning to R-3. However, it would most likely be inappropriate to rezone a single tract from C-5 to R-3 along a heavily commercialized street. On the other hand, adding residential uses as conditional uses in C-5 would provide a mechanism to consider motel conversions on a case-by-case basis subject to appropgiate conditions and without changing the zoning of the property. It would not be appropriate to allow residential uses in the C-6 heavv commercial or Q-7 hiahwav commercial districts. COMMISSION AC~ON MOTION BY SECOND BY THAT: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 3/21/94 4:~ P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM: NO. Roy Dudark Page 2 BY: BY: Another important question centers on the differences between motels, apartments and sleeping rooms and how they Should be treated for zoning purposes. A motel provides sleeping accommodations for transients on a daily or weekly basis. There are generally no individuail cooking facilities or kitchen sink. Motels are licensed by the State and the legal relationship between the owner and occupant i~ that of innkeeper and guest. Motels are classified as ~ommercial property for zoning and property tax purposes and the guests must pay a transient guest tax for the first 28 consecutiv~ days of stay. Motel occupants typically do not establish residency and do not have all of their belongings in the room with the~. An apartment unit is considered to be a self-contained! dwelling containing sleeping and living quarters as well asl cooking facilities and a separate kitchen sink. In an apartment house, the legal relationship between a landlord and tenant isi governed by the Residential Landlord - Tenant Act. Apartments! are not licensed by the state and are classified as residentiall property for zoning and property tax purposes. Apartment ioccupants typically establish residency and maintain all their belongings in the unit. A sleeping room provides only sleeping and living quarters and does not contain a kitchen for food preparation and cle~n-up. A boarding house provides a common facility on the premise~ for the preparation and serving of food to residents while a rooming house does not. Both are licensed by the state, are Classified as residential property for zoning and property tax purposes and the residents do not pay transient guest taxes. A ro¢~mer in a rooming or boarding house would not necessarily be covered by the provisions of the Residential Landlord-Tenant Act if th.~y do not sign a lease. COMMISSION AC~ON MOTION BY SECOND BY THAT: CITY OF SALINA REQUF_~T FOR COMMISSION AC~ON DATE ~ TIME 3/21/94 4:~ P.M. AGENDA SECTION: O~GINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM: NO. Roy Dudark PaO~ 3 BY: BY:, The use or conversion of a motel or other building into sleeping rooms presents some serious issues and should be :carefully controlled to protect public health and safety. The occupants of sleeping rooms do not have facilities for the preparation of their own meals nor a sink separate !from the bathroom for clean-up. Consequently, meals must be pr~. pared in inadequate accommodations or be obtained elsewhere either in restaurants or homeless shelters. Restaurant meals ~would be unaffordable each and every day and shelters are not Oapable of meeting such constant demand. Consequently, many oc. cu~ants will attempt to cook in their rooms. This could create the !potential for fires caused by overloaded electrical circuits or! improper separation of portable appliances from other belongi~gs in an overcrowded room. It could also lead to health concerns due to unsanitary conditions. Due to these potential problemsi, cooking in a sleeping room would be a violation of the FirelCode and Minimum Housing Code. Overall, a sleeping room may provide basic shelter but on its own does not constitute adequate housing that is both safe and sanitary. To overcome these concerns, sleeping rooms should!only be permitted in conjunction with another principal use Such as a rooming and boarding house, group care or group rehabilitation facility. In the case of a rooming or boarding house, ~he number of sleeping rooms is limited and the owne~/occupant~ provides daily supervision of the premises. In regards tO group facilities, most are owned and operated by non-profit social service agencies. Agency staff provide life-skills training and help residents prepare group meals and access neededi programs such as Job placement, alcohol and drug abuse treatment and mental health counseling. On-site support staff als0 provide needed supervision and facility maintenance to ensure that residents are not threatened by unsafe or unhealthy conditions. COMMISSION AC~ON MOTION BY SECOND BY . THAT: ] CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 3/21/94 4:~ P.M. AGENDA SECTION: O~GINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM: NO. Roy Dudark Page 4 BY: BY: Even with such support, the number of sleeping rooms Should be kept to a manageable number so as not to overwhelm thel facility and neighborhood. In this way the facility serves as transitional housing with relocation to a permanent apartment as soon as possible. Proposed Amendment The first amendment Sec. 42-318, adds five reside~tial-type conditional uses to the C-5 district. Conversions of! existing non-residential buildings, such as motels, into multi-family dwellings would be less restrictive as to setbacks, sitei coverage and parking than for new construction. The SecOnd amendment, Sec. 42-661, redefines the term "~welling" to include more types of housing while excluding hotels and motels. The current definition incorrectly excludes mobile homes which are also dwellings. The third amendment, Sec. 42-669, redefines the term "family" to include up to eight disabled persons living in a licensed group home in order to be consistent with state law. The amended definition would also allow one or two person families tO have up to tWo roomers by right within a "dwelling". For example, this would allow an elderly person or couple to rent out o~e or two rooms for the purpose of companionship or to help offset the expense of homeownership. This would be comparable to a household comprised of four unrelated individuals Which is currently allowed. The last amendment, Sec. 42-759.1, adds a definition fori "rooming and boarding house", which is currently listed in the Ordinance as a permitted use (in R-2.5 and R-3) or conditional use! (in R-2) but not defined. COMMISSION AC~ON MOTION BY SECOND BY THAT: CITY OF SALINA REQUEST FOR COMMISSION AC~ON DATE TIME 3/21/94 4:~ P.M. AGENDA SECTION: O~GINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT ITEM: NO. Roy Dudark Page 5 BY: BY~ With enactment of the proposed amendment, a wide range of housing options will exist: - Single Family Dwelling - Duplex or Townhome - Multiple Family Dwelling - Rooming and Boarding House - Family Care Facility - Group Care Facility - Group Rehabilitation Facility - Dormitory - Nursing Home - Bed and Breakfast - Hotel or Motel It needs to be reiterated, however, that no building ~ontaining sleeping rooms without being classified in one of ~he above use-types is currently or would be allowed anywhere within the city. It is staff's understanding, however, that the owners of a few former motels have terminated their motel licenses and are renting sleeping rooms on a permanent basis as regularI housing. This action is a violation of the zoning ordinance and would continue to be even with the amendment. Owners~of such properties would have two basic options: reestablish the motel by renewing the license or apply for one of the newly iallowable conditional uses. City staff will work with such Owners to establish a reasonable time-frame to achieve compliance~with the zoning ordinance. Planning Commission Recommendation The Planning Commission conducted a public hearing on the above amendment on March 1, 1994. Following questions and ~omments, the Planning Commission adopted a motion 7-0 to recommend approval of the amendment. COMMISSION AC~ON MOTION BY SECOND BY THAT: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE T1ME 3/2]./94 4:00 P.M. I AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: PLANNING & DEVELOPMENT NO. Roy Dudark Page 6 BY: BY: City Commission Action If the City Commission concurs with the recommendatian of the Planning Commission, a motion should be passed to approve the attached ordinance on first reading. Second reading would be scheduled for March 28, 1994. If the City Commission disagrees with the recommendation, two options exist. First, the City Commission could ~odify or disapprove the amendment on first consideration if 4 v~tes were cast in support of such action. Secondly, the City ~ommission could return the proposed amendment to the Planning ~ommission for reconsideration citing the basis for disapproval. Encl. Application Ordinance #94 - 9629 COMMISSION ACqqON MOTION BY SECOND BY , THAT: I P.C. Meeting Date Mar~h 1, 1994 Application No. z94-1 :. Oate Filed .Ianuarv 28, 1994 Ft4tng Fee , -O- Reviewed By Dean Andrew Receipt Ho. APPLICATION FOR N.tENOMENT TO THE ZONING TEXT :' SALINA CITY PLANNING COMMISSION The undersigned, being residents of the City of Balina, Kansas, do hereby apply to the Saline City Planning Commission for Amendment to Section 42-318 by adding the ~o~lowin~ conditional uses in the C-5 (Service Commercial) District: Group Care Facilities; Group rehabilitation facilities; Hospitals, sanitariums, rest home~ and nursin~ homesl Multi-family dwellings; and Multi-family dwellings for el&~rlv and]or handicapped persons and amendment to Sections 42-661 and 62-669 by amending the definition of "dwelling" and "family", and the addition of Section ~eCgion 62-759.1 to provide a definition of "Rooming and boarding house". :~ Applicant's Hame ·(Print) ~alina City PlanninR Commission Address )00 w. Ash P.O. Box 736 (Phone) 826-7260 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 communications per- :' taining to this application may be forwarded to the authorized individual. Name of Representative Address Telephone (Business) Salina Planning Commission March 1, 1994 Page 14 Mr. Dudark said it said brick veneer in various locations we have a handout. Mrs. Seaton said that was an issue on a previous application. Mr. Dudark said I recall that it did meet the concepts. Mrs. Seaton said which is three sides but you are saying this is four. Mr. Dudark said this has brick veneer on the west, south and east elevations and I don't see a fourth elevation so ! don't really know. Mrs. Duckers said south perhaps north is not. Mr. Dudark said perhaps it may or may not be, you can't tell from this information. Mr. Hardman said perhaps the applicant could shed some light on what the facade on the north side of the building will be. Mr. Asman said the north side of the building right now without looking at the plans there may not be a brick veneer on this section on the back. This is a classroom section and this will have a kitchen in this area. Even if it is not total brick it will have doors and windows and that type of thing that would be more attractive. The only thing that will represent a steel building is the upper parts of this and they have quite extensive windows. This side as you can see has a~ large window over on this area and the other side of it bothi ends of it have some large windows so that it detracts from the base of it. It is a steel building really only in thatl all of the framing and the one side of it is derived from steel panels, the rest of it on the upper portions of it that~ are not brick veneer are your more attractive baked enamaled type of thing. Mr. Hardman asked Roy in your opinion then do the elevations reflect the requirements for a brick facade at least on threei side that they have shown? Mr. Dudark said yes that is how I read the plans and the metal panels are less, I think, visible then the brick veneer is going to be. It is not going to be a dominating feature, we don't have the north elevation but that is the back side and service loop, and probably any homes north of that are going to be backing up to this. Mr. Hardman asked and this will be consistant with the application that we approved for the Foursquare church? Mr. Dudark said yes that is right. Mr. Hardman asked for further questions or comments. If there are none I would entertain an motion. MOTION: Mr. McCoach moved to approve Application #CU94-1, in that it meets the zoning ordinance requirements and that it woul~ promote the welfare and convenience of the community, and that adequate utilities will be present and it will not pose a traffic hazard and this motion should be approved subject to staff's five recommended conditions with number six added tO indicate that this project would be subject to the landscaping ordinance when a building permit is applied for. SECONDED: Mr. Allen seconded the motion. VOTE= The motion carried 7-0. Application #Z94-1, filed by the Salina City Planning Commission, requesting an amendment of the Salina City Zoning Ordinance Article VI., Division 15, Service Commerci41 District Regulations, by amending Section 42-318 to add to the Salina Planning Commission March 1, 1994 Page 15 list of conditional uses allowed in the C-5 District and Article XIV., Definitions by adding a definition for Rooming and Boarding house and amending the definition of Family in Section 42-669 and Dwelling in Section 42-661. Mr. Dudark stated this application was filed on behalf of the Planning Commission to essentially clarify and amend some ordinances that deal with the residential use of properties that are zoned commercial, specifically C-5 Service Commercial. Presently the C-1 through C-4 districts allow as a conditional use residential apartments. They don't all allow hotels or motels. You have to get C-3 zoning or higher to put in a hotel or motel. Now the issue has arisen what if one has a C-5 zoned motel which is no longer economically viable as a motel because of changes in traffic patterns or land uses or economics, how can I keep that a viable income producing property. I need to convert it to another use, with that other use being some form of housing. That today would be illegal in Salina and in most cities that we have researched. We would not allow that, you would have to have residential zoning to have a residential property, but it has happened, it is happening, some of the motels that were formally on high traffic ways in years gone by were good properties for motel use and today they aren't, so the owners of the properties have discontinued their motel license and have rented the rooms out as permanent housing without any motel management on the property, without converting the property, the room, into a dwelling unit, a dwelling unit has to have a kitchen, a sink, a place to cook food and clean up afterwards. So we have got two things. We have permanent housing taking place in a zoning district where it is not permitted and we have got the occupancy of space in a form that is not complete housing it is only a sleeping room and that is not really standard housing. People who occupy that for any length of time in our opinion are going to be cooking because they can't afford to eat out every day. And so that would be, even though it may be occuring, a violation of the Minimum Housing and Fire Codes. You cannot prepare food in a sleeping room, like a rooming house. I rent a room in a rooming house and the owners will not let me cook in that room, ! can sleep there, I can live there, watch television, read whatever, but I can't make my meals there. And that is being done in these sleeping rooms without any on-site supervision or management. It is an unsafe situation and should not be allowed. It is illegal to do that. Now the only change that we are talking about is to allow two rooms to be made into an apartment or one room to be converted into an efficency apartment by adding a kitchenette or full kitchen and so forth. In other words you would have to convert the motel into an apartment which would be safe, sanitary housing, permanent housing. We need that kind of housing, whether it is an efficiency one room, or whether it is two rooms with one bedroom or whatever can be done. With the market demand for housing today, it is in our opinion economically feasible to invest some money and convert these properties into housing and get a regular return that would pay for it. There really no need, in our opinion, to say that we will Just provide sleeping rooms for people. That is an unsafe solution to our housing shortage. So this change would allow former motels to be converted to apartments or a group rehabilitation facility which is something like the mission or Salvation Army or whatever. You have an owner, you have a manager, there are rooms there that have common dining under supervision. There are other uses listed such as nursing homes, various things that could be a form of housing, which today wouldn't be~ allowed in a C-5 zone. If this were enacted you could do with a conditional use permit on a case-by-case basis, you~ wouldn't have to rezone the property to R-3, which in our viewi is not an appropriate zoning answer by taking a commercial area and then spot zoning R-3 within it. So that is the first change, to deal with properties that have problems with theirl economic conditions to give some alternatives there through a process that would allow the Commission here to look at thati and also some inspection of those properties before those Salins Planning Commission March 1, 1994 Page 16 conversions are occupied for building code compliance and so forth. That would be part of it. The other change is to clarify the terms, what is a dwelling? Now we don't include mobile homes as a dwelling, well they are a dwelling. Even though they don't meet the building code, they do meet a code for manufactured housing but it does not include hotels and motels. We Just want to make sure that a room in a motel is not a dwelling, it is a temporary occupancy accommodation. In addition, we want to define rooming and boarding house. We list rooming and boarding houses as a conditional use in R-2 ~ and as a permitted use in R-2.5 and R-3 but we don't define . anywhere in the ordinance what it is. What then you are talking about, I know what it is and you know what it is but it doesn't say. Well now we are saying that it is 3 to 8 · sleeping rooms in a single family dwelling. You could not : take an apartment unit and make it a rooming or boarding · ~. house. You could take a large home or you could ~ake an addition to the home and create a rooming house or a boarding house but there has to be an owner/occupant there on the premises supervising the use of sleeping rooms. The other change deals with the definition of family, our definition is a little bit short now and needs to be broadened. We are adding to the first part of that, two or more persons related by blood, marriage, or legal adoption or 4 unrelated persons, that is the way it is today. The change would be adding the eight disabled persons which state law defines as a family. They are considered a single housekeeping unit and we are adding the part about families. The last phrase, families having not more then two persons may include not more then 2 roomers, we found in our ordinance, it is silent on whether or ~ not a household or a family in a home could have a roomer or two roomers or whatever. In our research what we are finding is that people need more options in housing today, an elderly person ne~ds to be able to have someone live with he or she, be that a student or any single person or whatever to share. that house and today that wouldn't be allowed unless they were! put into this 4 or less unrelated persons which would they are on equal footing, like when 4 guys rent a house, could be done, but the owner of that home couldn't rent a~ room. They should be able to. If 4 persons can live in a house legally then an individual should be able to a11o~ someone else to live with them. Mrs. Seaton asked what is a situation where you have live-in child care in your home? Mr. Dudark said that is domestic servant and that is allowed.. That is existing which we are not changing. The change that part really would be one or two people could have one two roomers in their house and that would not be a rooming boarding house, it would still be in residential "as of right" as a family. Mrs. Seaton said an elderly couple that has two spare bedrooms could rent each of those out. Mr. Dudark said yes that is correct. That would be th~ maximum. The way we have written it if you had 3 persons in the family then you couldn't do that, you have to have one o two in order to do that. You could go to the rooming an~ boarding house option and try to get permission and apply it and it would be looked at. So this does, I think, open u~ some possibilities for home sharing, which today I think ~e ought to consider all of those options, and it does provide ia means to convert some existing buildings or motels in~o apartments without having it rezoned, but it still, and ! wa~t to make sure that everyone understands this, it still does not legalize a sleeping room as a principal use in a building o~t there without any on-site management as a rooming and boarding house or as a group care facility or a group rehabilitation facility. Someone has got to be on that property from ia management, supervision standpoint to have a sleeping roo~. That is really not housing if you don't have both componentS. And when you do have that you have a common kitchen. We ha~e Salina Planning Commission -.-. March 1, 1994 Page 17 " a few of these around town. Former motels that are still zoned commercial, that have dropped their license, converted to sleeping rooms or apartments. You might have a building · where a couple of rooms have been made into one apartment and the rest of them are Just sleeping rooms. Well the rest of i. them would not be legitimate housing. That one apartment could be a part of the conditional use application, but they would have to convert the rest of these into apartments and ~. come forth with a plan to do that. If it was approved they would have a legal residential use of the C-5 property which would then allow them to have the residential classification '~ for property taxation. There are a lot of intricacies to this ,'~ and it is hard to keep all the terms straight but it does provide some additional choices and still provides adequate, :i safe, sanitary housing. There is a line here, I don't think " that you ought to go below, that it is Just not proper to have : permanent sleeping rooms out there. Mr. Hardman said is there ever a point when a facility that is operating as a hotel and has long terms guests those people become residents rather than transients. Mr. Dudark said If they change their residence. They do not have another residence in another state, like what is your legal residence question, it could be because there are - . residential hotels and a motel can have a kitchen, there is no question about that. And management still has the right to go ~ in and there are rules and it is not a private home like you would have if you had a lease to a house. So there are some :" differences there. You stop paying the transient guest tax after 28 days, in a motel. So it kind of becomes a permanent :.. place even though a person may still have a home somewhere. So there are gray areas in here. Mr. Morris said there are construction workers that come in on a Job that takes an extended period of time, they do become somewhat semi-permanent. Mr. Dudark said sure and the motel room has a kitchen and a sink and everything else then that is fine you could use it like an apartment. Mr. Hardman asked for comments from the public? Hearing none w111 bring it back to the Commissioners for comments or possible action. Mr. Allen said what impact will this have on existing motels that are in violation? Mr. Dudark said our intent, if the City Commission enacts this change, is to identify those properties, some of them we know about already and some we will be finding out about and then we will notify the owner's of those properties that an illegal situation, zoning violation exists, there is a mechanisim now to correct that without having to rezone to go through the conditional use process and there should be a reasonable time frame established to achieve that so it won't be an overnight thing, you know we will work with them to try to work out a time frame so that they can make the change to the units to~ make two motel rooms into one apartment or whatever is needed. Mrs. Seaton said the intent is not to grandfather any! noncomplying uses that are in existance. Mr. Dudark said no because they are illegal today. This wouldi not legalize them. Mr. McCoach said construction costs would be very substantiak including the electrical and plumbing. Mr. Dudark said you might have to run another line for the ' range depending on what kind of power it is going to b~ pulling. Salins Planning Commission March 1, 1994 Page 18 Mr. McCoach said what about the drain situation? : Mr. Dudark said it would be easiest to take 2 rooms, take one bathroom and make that a kitchen, and. add a connecting door, that is the easiest thing to do. Each property is going to be '- different. Mr. McCoach said it is not out of reason to do this. Mr. Dudark said no, and particularly if you can spread the cost of that change over a period of time and obviously I think you could rent that unit for more with a kitchen and bedroom than you can Just as it is. Mr. Morris said frankly it is appropriate to upgrade the properties. Mr. Dudark said this is an exception. We don't have many properties like this. Mrs. Duckers said can you make this change in wording in the amendment? I know that you had a recommendation changing these. Mr. Dudark said text change findings are on attachment number one and this is a text change. Mr. Hardman said we would be ready for a motion. :- MOTION= Mr. Morris said after hearing staff's report with regard to the background and reasons that are outlined in the :- application I would move to approve Application 9Z94-1 in that, it is consistent with the intent and purpose of the : ordinance and that it will not adversly affect or be detrimental to the welfare of the city. SECOND= Mr. Allen seconded the motion. VOTE= Vote carried 7-0. MOTION: Mrs. Seaton moved that item #8 be moved up on the agenda. " SECOND: Mr. Morris seconded the motion. VOTE= Motion carried 7-0. #8. Application #Z93-SA, revised site plan for property at 4th and Walnut. Mr. Dudark gave the staff report stating the original -, application was to rezone the property at 4th and Walnut to commercial. There is an existing building that's there and : the plan was to add a building to the east of it, a mini-storage building, and then to the south build 2 new mini-storage buildings. There are driveways between the buildings. The appllant now wishes to add another building to the west of the building. Fourth Street is over here and the railroad tracks and they want to reduce that area for car display to a smaller area and then there would be a parking spaces on around. What we found out after this drawing was submitted is that there are doors along here and there is a .. door back here so you really can't park where the doors are where people have rented a space so the drawing has to be changed. We do think it is possible to have 2 parking spaces, one here and one here, one in this location because this is the driveway you could still have a parking space right here and it wouldn't be blocking these doors and then delete these spaces here. You could have this one because it would be an end. So that would be ok, and this would be an end so that: would be fin~, wait I don't think you could have this onei because right here is a door going to the back of building, but you could have this one because that would be an! end of the mini-storage. That one would have to be moved over! to this side in order for someone to be able to get into (Published in the Salina Journal April , 1994) ORDINANCE NUMBER 94=9629 AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, SECTION 42=318 OF THE SALINA CODE REGARDING CONDITIONAL USES; AMENDI~NG ARTICLE XlV, SECTIONS 42=661 AND 42=669 OF THE SALINA CODE REGARDING DEFINITIONS; AMENDING ARTICLE XIV OF CHAPTER 42 ~BY ADDING SECTION 42-'/59.1 REGARDING DEFINITIONS; AND REPEALING EXISTING SECTIONS 42-318, 42-661 AND 42=669. BE IT ORDAINED by the Governing Body of the City of Sali~na, Kansas: Section !. That Section 42-318 of the Salina Code is hereby amended to read as follows: "Section 42-318. CONDITIONAL USES. Conditional uses in the C-5 district are as follows: (l) Amusement parks and skating rinks; (2) Animal hospitals, provided that all pens shall be in an enclosed structure; (3) Automobile repair; (4) Group care fac/lit/es; (5) Group rehabilitation facilities; (6) Hospitals, sanitariums, rest homes and nursing homes; (7) Lumber yards; (8) Mini-warehouses; (9) Multi-family dwellings, provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district and parking shall be provided in conformance with Section 42-553; b. Conversions of existing non-residential buildings shall comply w/th the lot size requirements of the R-3 district (Section 42-204) in addition to the bulk regulations in the C-$ district and parking may be provided at one half ratio set forth in Section 42-553. (10) Multi-family dwellings for elderly and/or handicapped persons provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in Section 42-203 and parking shall be provided in conformance with Section 42-553; b. Conversions of existing non-residential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in Section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with Section 42-553. (11) Outdoor theatres; (12) Taverns; (13) Telephone exchanges and telephone transmission equipment structures. Section 2. That Sections 42-661 and 42-669 of the Salina Code are hereby amended to read as follows: "Section 42-661. DWELLING. "Dwelling" is a permanent building or portion thereof, designed and used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, manufactured and mobile homes and rooming and boarding houses, but not including hotels and motels. "Section 42-669. FAMILY. "Family" is an individual, or two (2) or more persons related by blood, marriage or legal adoption, a group of not more than four (4) persons not related by blood, marriage or legal adoption or not more than eight (8) "disabled" persons (as defined by K.S.A. 12-736) residing in a dwelling licensed by the State of Kansas as a group home living together as a single housekeeping unit in a dwelling unit, including foster children and domestic servants; provided however, families having not more than two (2) persons may include not more than two (2) roomers. Section 3. That the Salina Code is hereby amended by adding Section 42-759.1 which shall read as follows: "Section 42-759.1. ROOMING AND BOARDING HOUSE. "Rooming and boarding house" is a single-family residential dwelling with one (1) kitchen used to provide lodging for one (1) week or longer for compensation, with or without meals, for three (3) but no more than eight (8) persons, each with a private room excluding the resident owner or occupant and family thereof. Section 4. That the existing Sections 42-318, 42-661 and 42-669 of the Salina Code are hereby repealed. Section 5. That this ordinance shall take effect and be in force from and after its adoption and publication once in the official city newspaper. Introduced: March 21, 1994 Passed: Peter F. Brungardt, Mayor [SEAL] ATTEST: Judy D. Long City Clerk