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