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07-10401 Permitted & Conditional and Use Limitations(Published in the Salina Journal on August 1, 2007) ORDINANCE NUMBER 07-10401 AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, DIVISION 17, SECTIONS 42-347, AND 42-348 AND DIVISION 18, SECTIONS 42-362, 42-363, AND 42-366, DIVISION 19, SECTIONS 42-382, 42-383, AND 42-386 OF THE SALINA CODE PERTAINING TO PERMITTED AND CONDITIONAL USES AND USE LIMITATIONS IN THE 1-1 INDUSTRIAL PARK DISTRICT, I-2 LIGHT INDUSTRIAL DISTRICT, AND I- 3 HEAVY INDUSTRIAL DISTRICT AND REPEALING EXISTING SECTIONS 42-347,42- 348, 42-362, 42-363, 42-366, 42-382, 42-383, AND 42-386. $ Section 1. That Sections 42-347 and 42-348 of Chapter 42, Article VI, Division 17 of the Salina Code are hereby amended to read as follows: "Sec. 42-347. Permitted uses. Permitted uses in the 1-1 district are as follows: (1) Adding machine manufacture; (2) Armories; (3) Artificial flower manufacture; (4) Automobile rental agency; (5) Automotive parts, wholesale; (6) Bakery, wholesale; (7) Beverage manufacturing and bottling works (excluding malts and spirits); (8) Bicycle manufacture; (9) Blueprinting and photostating; (10) Book publishing; (11) Boot and shoe manufacture; (12) Broom manufacture; (13) Business, professional and administrative offices; (14) Cabinet maker; (15) Candy manufacture; (16) Cap and hat manufacture; (17) Carpenter shop; (18) Carpet cleaning; (19) Cleaning and pressing; (20) Clock factory; (21) Clothing manufacture and assembly; (22) Coffin manufacture; (23) Cold storage warehouse; (24) Commission house; (25) Condensed milk manufacture; (26) Cosmetic manufacture; (27) Dental laboratory; (28) Drug manufacture; (29) Dry cleaning; (30) Drygoods, wholesale; (31) Dyeing and cleaning; (32) Electrical repair; (33) Electrical sign manufacture; (34) Electronic parts and supplies; (35) Envelope manufacture; (36) Equipment sales and rental, except heavy construction equipment; (37) Express storage and delivery station; (38) Frozen food lockers; (39) Fruit and vegetable drying; (40) Fur warehouse; (41) Furniture warehouse/storage; (42) Garden stores, greenhouses and nurseries; (43) Grocery store, wholesale; (44) Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code; (45) Gymnasium equipment manufacture; (46) Hat cleaning; (47) Jewelry manufacture; (48) Knit goods manufacture; (49) Laboratories; (50) Laundry; (51) Limb (artificial) manufacture; (prosthesis manufacture); (52) Loose-leaf book manufacture; (53) Mattress manufacture; (54) Medicine manufacture; d (55) Milk bottling plant; (56) Millinery making; (57) Mineral distillation and bottling; (58) Moving company, with storage facilities; ' (59) Newspaper offices and printing; (60) Office equipment and supply manufacture; (61) Office equipment and supply wholesale; (62) Optical goods manufacture; (63) Organ manufacture; (64) . Paper products manufacture; (65) Pencil factory; (66) Perfumery; (67) Pharmaceutical products manufacture; (68) Phonograph manufacture; (69) Photo engraving company; (70) Piano manufacture; (71) Popcorn factory; (72) Printing plants; (73) Produce warehouse; (74) Public utility plants and services, including substations; (75) Publishing company; (76) Pump station; (77) Radio and television broadcasting stations; (78) Radio and television repair shops; (79) Radio manufacture; (80) , Recycling center; (81) Recording studios; (82) Relay station (radio, television, etc.); (83) Research facilities; (84) Saddle manufacture; (85) Sign painting; (86) Small animal hospitals; (87) Soap manufacture; (88) Soda water manufacture; (89) Sporting goods manufacture; (90) Stair manufacture; (91) Storage warehouse; (92) Tailor shop; (93) Tea and spice packing; (94) Television aerials (classed with building to which attached); (95) Television manufacture; (96), Television sending or relay towers; (97) Textile manufacture; (98) Thermometer or thermostat manufacture; (99) Transfer company, baggage storage; (100) Trunk manufacture; (101) Upholstery manufacture; (102) Wallpaper manufacture; (103) Warehouse; (104) Watch manufacture; (105) Water company appurtenances; (106) Waterproofing treatment and manufacture; (107) Wholesale houses; (108) Wholesale produce storage and market; (109) Window shade manufacture; (110) Wire brush manufacture; (111) Wood products manufacture; (112) Woodworking shops; (113) Woven goods manufacture; (114) Accessory and temporary uses, as permitted by Article IV of this chapter; (115) Signs, as permitted by Article X of this chapter; (116) Off-street parking and loading, as required by Article XI of this chapter. Section 2. That Sections 42-362, 42-363, and 42-366 of Chapter 42, Article VI, Division 18 of the Salina Code are hereby amended to read as follow: "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; Sec. 42-348. Conditional uses. Adding machine manufacture; Conditional uses in the I-1 district are as follows: w A (1) Automobile and truck washes; (4) (2) Automobile repair (no wrecking yard); (5) (3) Boat sales, rental and service; (6) (4) Building materials yard; (7) (5) Contractor's office and storage yard; (8) (6) Mini -warehouses; (9) ,(7) Pest control and exterminators; (10) (8) Plumbing shop; (11) (9) Recreational vehicle rental, sales and service; (12) (10) Truck terminals; (13) (11) Welding shop (no salvage yard)." Section 2. That Sections 42-362, 42-363, and 42-366 of Chapter 42, Article VI, Division 18 of the Salina Code are hereby amended to read as follow: "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) (30) Commission house; 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; d (47) Feed and seed stores; (48) Feed manufacturer; 9 (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; (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; (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; See. 42-363. Conditional uses. Conditional uses in the I-2 district are as follows: (1) Junkyard subject to the development limitations in Section 42-366(5); (106) Public utility plants and services, including substations; (107) Publishing company; (108) Pump station; (109) Radio manufacture; �2 (110) Recycling center; (111) Refrigerator manufacture; (112) Refuse service; (113) Relay station (radio, television, etc.); a (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; (121) Sign painting; (122) Small animal hospitals; (123) Soap manufacture; (124) Soda water manufacture; (125) Sporting goods manufacture; (126) Stair manufacture; (127) Storage warehouse; (128) Tailor shop; (129) Taxicab storage, repair; (130) Tea and spice packing; (131) Television aerials (classed with building to which attached); (132) Television manufacture; (133) Television sending or relay towers; (134) Textile manufacture; (135) Thermometer or thermostat manufacture; (136) Tin products, wholesale; (137) Tinsmith shop; (138) Tire repair shop, recapping, etc.; (139) Transfer company, baggage storage; (140) Truck sales, rental and service; (141) Truck terminals; (142) Trunk manufacture; (143) Upholstery manufacture; (144) Vulcanizing shop (rubber); (145) Wallpaper manufacture; (146) Warehouse; (147) Washing machine manufacture; (148) Watch manufacture; (149) Water company appurtenances; (150) Waterproofing treatment and manufacture; (151) Welding shop (no salvage); (152) Wholesale houses; (153) Wholesale produce storage and market; (154) Window shade manufacture; (155) Wire brush manufacture; (156) Wood products manufacture; (157) Woodworking shops; (158) Worsted goods manufacture; (159) Wrecker service (no impound yard but wrecking yard); (160) Woven goods manufacture; (161) Accessory and temporary uses, as permitted by article IV of this chapter; (162) Signs, as permitted by article X of this chapter; (163) Off-street parking and loading, as required by article XI of this chapter; (164) Any other similar industrial use, provided that it complies with the limitations in section 42-366. See. 42-363. Conditional uses. Conditional uses in the I-2 district are as follows: (1) Junkyard subject to the development limitations in Section 42-366(5); z a w o (2) Salvage yard subject to the development limitations in Section 42-366(5); (3) Scrap metal processing subject to the development limitations of Section 42- 366(5); (4) Wrecking yard subject to the development limitations of Section 42-366(5) Sec. 42-366. Use limitations. Use limitations in the I-2 district are as follows: (1) All operations, activities and storage shall be conducted wholly inside a building, or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other zoning district other than an I-2 or I-3 district and except that storage may be maintained outside the building in side or rear yards if such storage area is separated from public streets and other property (except property located in an I-2 or 1-3 district) by screening of not less than six (6) feet in height. (2) Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use. (3) If a lot in an 1-2 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. (4) No building shall be used for residential purposes except that a watchman may reside on the premises. (5) Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an 1-2 (Light Industrial) and 1-3 (Heavy Industrial) zoning district and shall be established only by a Conditional Use Permit approved by the Planning Commission in accordance with the procedures set out in Section 42-597.2 and shall be subject to such protective conditions that may be warranted by the nature and scale of the salvage operation. The following standards shall apply to the operation of the above list of uses: 1. Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as 20,000 sq. ft. where the site abuts one or more existing operations that exceed two (2) acres in total. 2. All boundaries, as established by the issuance of a Conditional Use Permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts. 3. No operation shall be located within five hundred (500) feet of any established residential district. 4. The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times. 5. No screening fence or wall may be located within a required front yard setback area along a public street or highway. 6. No inoperable vehicles or parts thereof or other salvage material shalt be displayed or stored outside the fence enclosure in a required front yard or 6 in any manner designed to attract customers or the general public from any public street or highway. 7. Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage w materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal. ' 8. All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris. These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this ordinance. Possible additions to the Use Limitations: 1. Require vegetative screening or plantings in addition to solid fencing instead of just as an alternative to fencing. 2. Prohibit junkyards, salvage yards, scrap metal processors and wrecking yards within 500 ft. of specifically identified arterial street corridors or entryways into the community and call those out in the ordinance." Section 3. That Sections 42-382, 42-383, and 42-386 of Chapter 42, Article VI, Division 19 of the Salina Code are hereby amended to read as follows: 7 "Sec. 42-382. Permitted uses. Permitted uses in the I-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; (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; 7 (33) Coal yards; (34) Coffee roasting; (35) Concrete batching or "ready mixed" plant; (36) Concrete products company; (37) Copper manufacture; a (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; (51) Furniture manufacture; (52) Glass manufacture-, (53) Hair products factory; (54) Hardware manufacture; (55) Heating supplies and appliances manufacture; (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; (90) Quilt manufacture; (91) Radiator (heating) manufacture; (92) Rivet manufacture; (93) Rope manufacture; (94) Rubber cement manufacture; (95) Rubber manufacture; (96) Rug manufacture; Sec. 42-386. Use limitations. Use limitations in the I-3 district are as follows: (l) If a lot in an I-3 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. ' (2) No building shall be used for residential purposes except that a watchman or custodian may reside on the premises. (3) Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (Light Industrial) and I-3 (Heavy Industrial) zoning district and shall be established only by a Conditional Use Permit approved by the Planning Commission in accordance with the procedures set out in Section 42-597.2 and shall be subject to such 9 (97) Salt manufacture; (98) Sand and gravel storage yard; (99) Sand paper manufacture; (100) Sausage or sausage casing manufacture; (101) Sawmill; d (102) Sewer pipe manufacture; (103) Shingle manufacture; (104) Shoe manufacture; q (105) Shovel manufacture; ' (106) Starch manufacture; ° (107) Soybean oil manufacture; (108) Stone cutting and screening; (109) Stove and range manufacture; (110) Sweeping compound manufacture; (111) Syrup and preserve manufacture; (112) Tack manufacture; (113) Terra cotta manufacture; (114) Tile manufacture; (115) Tin foil manufacture; (116) Tin products manufacture; (117) Tire manufacture; (118) Tool manufacture; (119) Vinegar manufacture; (120) Washing powder manufacture; (121) Washing soda manufacture; (122) Waste paper products manufacture; (123) Wire manufacture; (124) Wood preserving treatment manufacture; (125) Accessory and temporary uses, as permitted by article IV of this chapter; (126) Signs, as permitted by article X of this chapter; ' (127) Off-street parking and loading, as required by article XI of this chapter. 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) Explosives manufacture and storage (including fireworks) subject to the development limitations in Section 42-386(3); (3) Junkyard subject to the development limitations in Section 42-386(3); (4) Salvage yard subject to the development limitations in Section 42-386(3); (5) Scrap metal processing subject to the development limitations in Section 42- 386(3); (6) Wrecking yard subject to the development limitations in Section 42-386(3). Sec. 42-386. Use limitations. Use limitations in the I-3 district are as follows: (l) If a lot in an I-3 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however if the property actually utilized for permitted or conditional nonresidential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. ' (2) No building shall be used for residential purposes except that a watchman or custodian may reside on the premises. (3) Junkyards, salvage yards, scrap metal processors and wrecking yards, including auto salvage yards, automobile graveyards and car crushing operations that involve the keeping and stacking of salvaged parts and materials and the storage of motor vehicles out of doors have operating characteristics that can be an unsightly detraction from the value, use and enjoyment of adjacent properties. Therefore, these uses are prohibited anywhere except in an I-2 (Light Industrial) and I-3 (Heavy Industrial) zoning district and shall be established only by a Conditional Use Permit approved by the Planning Commission in accordance with the procedures set out in Section 42-597.2 and shall be subject to such 9 protective conditions that may be warranted by the nature and scale of the salvage operation. The following standards shall apply to the operation of the above list of uses: 1. Junkyard, salvage yards, scrap processing and wrecking yard operations shall contain a minimum of two (2) acres, except they may be as small as 20,000 sq. ft. where the site abuts one or more existing operations that exceed two (2) acres in total. ' 2. All boundaries, as established by the issuance of a Conditional Use Permit, shall be designated by fencing or other readily identifiable means such as concrete monuments or posts. No operation shall be located within five hundred (500) feet of any established residential district. 4. The premises where the operation is conducted shall be enclosed, except for entrances and exits, by means of a nontransparent fence, wall or berm of a minimum height of eight (8) feet measured from ground level. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegetative screen. Entrances and exits shall have nontransparent gates which shall be closed when the business is not in operation. Required fencing and screening shall be maintained and kept in good repair at all times. 5. No screening fence or wall may be located within a required front yard setback area along a public street or highway. 6. No inoperable vehicles or parts thereof or other salvage material shall be displayed or stored outside the fence enclosure in a required front yard or in any manner designed to attract customers or the general public from any public street or highway. Vehicle crushing shall be permitted, however, vehicles and other salvage material may be stacked no higher than the height of the required screening fence. No storage or stacking of vehicles or other salvage materials shall be permitted in required parking spaces, driving aisles or fire lanes as determined by the fire marshal. 8. All driveways and internal driving aisles shall be surfaced with crushed stone, gravel or other all weather material. All driving and maneuvering areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris. These provisions shall apply to any new or expanded junkyard, salvage yard, scrap metal processing or wrecking yard operations established after the effective date of this ordinance." Section 4. That Sections 42-347, 42-348, 42-362, 42-363, 42-366, 42-382, 42-383, and 42- 386 are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August 6, 2007 Passed: August 13, 2007 Alan E. ilka, M or A [SEAL] ATTEST: Lieu An"CM6,',,1" Clerk 10