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08-10453 Zoning DefinitionsT1 (Published in the Salina Journal on 1 2008.) ORDINANCE NUMBER 08-10453 AN ORDINANCE NUMBER 08-10453 AMENDING CHAPTER 42, ARTICLE XIV PERTAINING TO DEFINITIONS. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. That Sections 42-712.5 through 42-712.7 are hereby added to Chapter 42, Article XIV of the Salina Code and reads as follows: "Sec. 42-712.5. Massage parlor. "Massage parlor" is an establishment offering services which are offered or performed for compensation and which are advertised or represented as massage or which involve the touching of the body with the purpose of inducing any type of pleasurable or erotic experience, provided that this term shall not include any establishment operated by a medical or healing arts practitioner or professional physical therapist licensed by the State of Kansas or by a certified massage therapist. Sec. 42-712.6. Massage therapy. "Massage therapy" means a method of treating the body for ' remedial or therapeutic purposes, including but not limited to rubbing, stroking, kneading, or tapping with the hand or an instrument or both by a person holding a valid license issued by a state that licenses therapists or a person who has passed the National Certification Board for Therapeutic Massage and Bodywork (NCETMB) exam oris a member in good standing of the American Massage Therapy Association or the American Oriental Bodywork Therapy Association. The term massage therapy establishment shall not include hospitals, nursing homes or YMCAs nor shall this definition apply to persons holding a license to practice the healing arts, persons licensed to practice as a registered professional nurse by the State of Kansas, persons licensed to practice as a physical therapist by the State of Kansas or persons working under the direction and supervision of any licensed healing arts practitioner, nor shall apply to barbers or cosmetologists holding a valid, unrevoked license or certificate of registration issued by the State of Kansas. Sec. 42-712.7. Mobile home. "Mobile home" is a structure built on a permanent chassis and transportable in one (1) or more sections, which contains all necessary plumbing, heating, air conditioning and electrical systems, and is designed to be used as a dwelling, with or without a permanent foundation, when connected to all required utilities. Such structures have not and cannot be determined to have been built in accordance with adopted city building codes, were manufactured prior to June 15, 1976, or were not manufactured in conformance with the HUD Code as is required for a manufactured home. The term mobile home does not include a recreational vehicle." Section 2. That Sections 42-735.1 and 42-735.2 are hereby added to Chapter 42, Article XIV of the Salina Code and reads as follows: "Sec. 42-735.1 Pawn shop. "Pawn shop" is an establishment engaged in the lending of money on the security of goods deposited with it or engaged in the business of purchasing tangible personal property on the condition that it may, be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Sec. 42-735.2 Payday loan company. "Payday loan company" is a business offering short term non -collateral loans under K.S.A. 16a-2-404." Z W ccN U 1 D Section 3. That Section 42-753.1 is hereby added to Chapter 42, Article XIV of the Salina Code and reads as follows: "Sec. 42-753.1. Residential -design manufactured home. "Residential -design manufactured home" is a manufactured home on a permanent foundation which has minimum dimensions of twenty-two (22) body feet in width, a pitched roof, and siding and roofing material which are customarily used on site -built homes, and which complies with the architectural and aesthetic standards specified in section 42-64 of these regulations. A residential -design manufactured home shall be considered a single- family dwelling." Section 4. That Section 42-786 of Chapter 42, Article XIV of the Salina Code is hereby amended and reads as follows: "Sec. 42-755. Restaurant. "Restaurant" is a public eating or drinking establishment, the facilities, equipment, and manner and hours of operation of which are consistent with a food service operation, including but not limited to.the types of business establishments customarily referred to as cafes; cafeterias, coffee shops, dairy bars, restaurants and soda fountains, but not including any drinking establishment which has thirty (30) percent or less of its gross receipts from the sale offood for consumption on the premises on an annual basis. Such an establishment shall be considered a bar. " Section 5. That Section 42-786 is hereby added to Chapter 42, Article XIV of the Salina Code and reads as follows: "Sec. 42-786. Tatoo parlor/body piercing studio. "Tatoo parloribody piercing studio" is an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration." Section 6. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: 4tA ck)y� Shandi Wicks, Deputy City Clerk Introduced: June 16, 2008 Passed: July 7, 2008 Jo K. Vanier II, Mayor