08-10446 Permitted & Conditional Uses C-4(Published in the Salina Journal on May _ft_, 2008)
ORDINANCE NUMBER 08-10446
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, DIVISION 14 BY
AMENDING SECTION 42-302 AND 42-303 PERTAINING TO PERMITTED AND
CONDITIONAL USES IN THE C-4 DISTRICT AND BY ADDING SECTION 42-303.1
z PERTAINING TO PROHIBITED USES IN THE C-4 DISTRICT AND REPEALING
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EXISTING SECTION 42-302 AND 42-303.
BE IT ORDAINED by the governing body of the city of Salina, Kansas:
Section 1. That Sections 42-302 and 42-303 of Chapter 42, Article VI, Division 14 of the
Salina Code are hereby amended as follows: .
"Sec. 42-302. Permitted uses.
Permitted uses in the C-4 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores, sales and service;
(4) Art galleries, libraries and museums; .
(5) Auditoriums and community theaters;
(6) Automobile sales, rental and service, provided all displays of vehicles are within a
completely enclosed building; provided however, that any such use with an outdoor
display area in existence on January 8, 2000 shall be deemed to be a lawful
nonconforming use;
(7) Auto parts stores;
(8) Banks and financial institutions;
(9) Barbershops;
(10) Beauty shops;
(11) Bicycle shops;
(12) Blueprinting and photostating establishments;
(13) Bookstores;
(14) Bus stations;
(15) Business and professional offices;
(16) Camera and photographic supply stores;
(26) Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(27) Fraternal and service clubs;
(28) Furniture•repair and restoration shop;
(17) Carpet and rug stores;
(18) China and glassware stores;
(19) Contractor's offices;
(20) Department stores;
(21) Dry cleaning establishments;
(22) Drygoods stores;
(23) Electrical contractors;
(24) Electronic parts and supplies;
(25) Florist shops;
(26) Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(27) Fraternal and service clubs;
(28) Furniture•repair and restoration shop;
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(29)
Furniture stores;
(30)
Furrier shops, including the incidental storage and conditioning of furs;
(31)
Gasoline service stations;
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(32)
Gift shops;
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(33)
Glass and mirror sales and service;
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(34)
Government buildings;
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(35)
Handcrafts, ceramics, pottery and art materials and supplies shops;
(36)
Hardware stores;
(37)
Hobby shops;
(38)
Hospitals, sanitariums, rest homes, and nursing homes, provided that parking is
provided in accordance with Section 42-553;
(39)
Hotels and motels, providing that parking is provided in accordance with Section 42-
553;
(40)
Interior decorating shops, including upholstering, making of draperies, slipcovers and
other similar articles which are conducted as a part of, and secondary to, a retail
operation;
(41)
Jewelry stores;
(42)
Leather goods and luggage stores;
(43)
Mail-order houses; .
(44)
Massage therapy;
(45)
Mechanical contractors;
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(46)
Medical and dental clinics, and guidance centers;
(47)
Mortuaries and funeral homes; including crematories, provided that such facility is
completely enclosed and that no odor or noise is discernible outside the structure;
(48)
Music stores and musical instrument sales;
(49)
Newspaper offices and printing;
(50)
Newsstands;
(51)
Office equipment and supply;
(52)
Optical sales;
(53)
Package liquor stores;
(54)
Paint and wallpaper stores;
(55)
Pest control and exterminators;
(56)
Pet grooming shops;
(57)
Pet stores;
(58)
Pharmacies;
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(59)
Physical and health services such as private gymnasiums and reducing salons;
(60)
Printing plant;
(61)
Private parking garages and lots;
(62)
Public parking garages and lots;
(63)
Public utility uses including substations and ambulance services;
(64)
Radio and television broadcasting stations;
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Sec. 42-303. Conditional uses.
Conditional uses in the C-4 district are as follows:
(65)
Radio and television repair shops;
(2) Amusement and vending devices, sales and service;
(66)
Recording studios;
(67)
Residential dwellings, accessory to and located above or below the ground floor of
(5) Church, chapel, temple, synagogue and shrine;
another principal use.
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(7) Drinking establishments with less than 30% food sales;
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(68)
Restaurants with or without the sale of alcoholic beverages, but no drive-in
serving space;
establishments;
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(69)
Restricted production and repair limited to the following: alteration and custom
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or industrial use in accordance with the requirements of the city's adopted building
tailoring of clothing for retail sale only; jewelry from precious metal; watches;
codes;
dentures; optical lenses; and other similar activities;
(70)
Schools: music, dance or business;
(71)
Self-service laundry and dry cleaning establishments;
(72)
Shoe repair shops;
(73)
Sporting goods stores;
(74)
Tailor shops;
(75)
Telephone exchanges and telephone transmission equipment structures;
(76)
Theaters, indoor only;
(77)
Travel bureaus and transportation ticket offices;
(78)
Variety stores;
(79)
YMCA, YWCA, and other similar organizations;
(80)
Any other similar retail business not specifically listed is permitted if it complies with
the conditions and restrictions contained in Section 42-306;
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(81)
Accessory and temporary uses, as permitted by Article VI of this chapter,
(82)
Accessory off-street parking and loading, as required by Article XI of this chapter;
(83)
Signs, as permitted by Article X of this Chapter.
Sec. 42-303. Conditional uses.
Conditional uses in the C-4 district are as follows:
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(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales and service;
(3) Automobile repair;
(4) Car washes;
(5) Church, chapel, temple, synagogue and shrine;
(6) Custom cabinet and woodworking shop;
(7) Drinking establishments with less than 30% food sales;
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(8) Equipment sales, rental and service, except construction -type equipment;
(9) Food and/or beverage service on an outdoor patio which is accessory to a restaurant or
bar, provided that the patio area may not exceed the size or occupant load of the indoor
serving space;
(10) Group care facility;
(11) Group day-care centers, provided that such us shall be separated from any commercial
or industrial use in accordance with the requirements of the city's adopted building
codes;
(12) Home improvement center;
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(13) Motorcycle sales, rental and service, provided that all display of vehicles is within a
completely enclosed building;
(14) Pawnshops;
(15) Private clubs;
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(16) Recycling centers;
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(17) Residential dwellings, accessory to'another principal use on the ground floor of a
building, provided that such dwellings may not be located in the front portion of the
' building, may not occupy more than twenty-five (25) percent of the floor area of the
ground floor and shall not be required to provide separate off-street parking.
(18) Residential dwellings located on the ground floor or within buildings used principally
for residential purposes, provided that parking is provided at one half the ratio set forth
in Section 42-553 and provided that such development shall comply with the R-3
Multiple -Family District requirements for density and lot size (Section 42-204) in
addition to the C-4 bulk regulations;
(19) Residential dwellings for elderly and/or handicapped persons, located on the ground
floor or within buildings used principally for residential purposes, provided that
parking is provided at one half the ratio set in Section 42-553 and provided that such
development shall have a minimum lot area of five hundred (500) square feet per
dwelling unit in addition to complying with the C-4 bulk regulations;
(20) Teen centers;
(2 1) Testing and research laboratories;
(22) Warehouse and wholesale houses."
' Section 2. That Section 42-303.1 is hereby added to Chapter 42, Article VI, Division 14 of the
Salina and reads as follows:
"Sec. 42-303.1. Prohibited uses.
Prohibited uses in the C-4 district are as follows:
(1) Massage parlors;
(2) Mini -warehouses;
(3) Payday loans companies;
(4) Tatoo parlors/body piercing studio"
Section 3. That the existing Section 42-302 and 42-303 are hereby repealed.
Section 4. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper
Introduced: May 5, 2008
Passed: May 12, 22008
' John 9. Vanier II, Mayor
[SEAL]
[ATTEST]
Lieu Ann Elsey, CMC, ty Clerk
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