09-10484 Accessory Uses1
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(Published in the Salina Journal on February c)p , 2009.)
ORDINANCE NUMBER 09-10484
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV, SECTION 42-58 OF THE
SALINA CODE PERTAINING TO ACCESSORY USES AND REPEALING EXISTING
SECTION 42-58.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Section 42-58 of Chapter 42, Article IV of the Salina Code is hereby amended
as follows:
Sec. 42-58. Accessory uses.
(1) Permitted uses. Permitted accessory uses include but are not limited to the following:
a. A storage building or structure incidental to a permitted use, provided that no such
structure that is accessory to a residential dwelling (e.g. storage building, workshop,
gazebo, greenhouse, etc.) shall exceed 360 square feet and shall be no taller than the
dwelling or more than 16 feet in height whichever is less;
b. A detached garage or carport provided that no such structure that is accessory to a one
or two-family dwelling shall exceed 770 square feet, except in the A-1 or RS district it
shall not exceed 1,200 square feet, shall be no taller than the dwelling or more than 20
feet in height whichever is less, and shall be compatible with the residential dwelling in
terms of design, appearance and materials;
c. An attached garage or carport provided that such structure is physically attached to a
one or two-family dwelling by a common wall, shall not exceed the size of the
dwelling it is attached to and shall be compatible with the dwelling in terms of design,
appearance and materials. Attached garages shall be subject to same setback
requirements as the principal structure on the lot.
d. A private swimming pool and bathhouse, provided that no part of such structure or use
is located in the front yard setback;
e. In the RS district only, a guest house (without kitchen facilities) or rooms for guests in
an accessory building, provided such facilities are used for the occasional housing of
guests of the occupants of the principal building, and not as rental units, for permanent
occupancy as housekeeping units and provided that no part of such structure is located
in the front yard setback;
f. Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges;
g. Fallout shelters, provided that they shall not be used for any principal or accessory use
not permitted in the zoning district and provided that no part of such structure is
located in the front yard setback;
h. Signs, when permitted by article X of this chapter and by the individual district
regulations;
i. Off-street parking and loading spaces, as permitted by article XI of this chapter;
j. Restaurants, drugstores, gift shops, clubs, lounges and newsstands, when located in a
permitted hotel, motel or office building;
k. Employee restaurants and cafeterias, when located in a , permitted business,
manufacturing or industrial building;
1. Outdoor storage or overnight parking, in a residential district, of boats, boat trailers, or
recreational vehicles, provided such storage does not constitute a traffic or safety
hazard, and buses when associated with a church or school and parked no closer than
fifty (50) feet from any adjacent residential district;
in. Wind energy conversion systems (WECS) under the _following restrictions:
1. The minimum distance from all zoning lot lines to any tower, pole or other support
base of the WECS shall be determined by the following table:
Z
a
W
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1
Rotor Diameter(feet)
5
10
15
20
25
30
35
40
Setback Distance (feet)
100
165
220
270
310
340
365
385
Intermediate rotor size distances shall be interpolated. The WECS shall not be
located in any required yard.
2. The WECS shall not cause interference to microwave communications or radio and
television reception in the area. Noise levels measured at the lot line shall not
exceed sixty (60) dBA in a residential zone.
3. To limit climbing access to a WECS tower, or other support structure, a six-foot
high fence with locking portal shall be placed around the WECS support or if a
tower is utilized, the tower climbing apparatus shall be limited to no lower than
twelve (12) feet from the ground or the WECS support may be mounted on a roof
top.
4. All blades of a WECS shall be constructed of non-metallic substances. If the
applicant can prove, in written form, that no electromagnetic interference will
result, a metal content of up to twenty-five (25) percent will be acceptable.
5. The WECS shall be located in compliance with the guidelines of the federal
aviation regulations with regard to airport approach (15.503) and clearance around
VOR and DVOR stations.
6. Height of the WECS shall not exceed the maximum height restriction in the zone
where it is located by more than twenty (20) feet. The height of the WECS shall
be measured at the center of the blade diameter.
7. Data pertaining to the WECS's safety and structural integrity shall be certified by a
licensed engineer and filed with the building permit application. The tower or
support and top adaptor shall meet'the restrictions specified in the city's building
code.
8. The WECS, if interconnected to a utility system, shall meet the requirements for
interconnection and operation as set forth in the electric utility's current service
regulations applicable to WECS.
9. A plot plan shall be submitted with the application for building permit showing
the proposed location and height of the WECS, fencing and all existing buildings
within two hundred (200) feet of the exterior lot lines.
10. The owner/operator shall provide covenants, easements or similar documentation
to assure sufficient wind to operate the WECS unless adequate accessibility to the
wind is provided by the site.
11. The owner/operator shall certify that the WECS does not violate any covenants o
record.
12. The applicant shall provide a certificate of liability insurance. Annually the
owner/operator shall present evidence to the zoning administrator that the liability
insurance is still in effect.
n. Temporary parking of occupied motor home(s) or travel trailer(s) when associated with
a hospital providing treatment to the owner or related individual, provided such parking
area does not constitute a traffic or safety hazard or a nuisance to neighboring property
owners, the parking area is located beyond any front yard setback line and no closer
than fifty (50) feet from an adjacent residential property line and that electrical
hookups are provided for all units.
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o. Temporary parking of occupied motor home(s) or travel trailer(s) when associated with
a contractor's construction yard, provided that the construction yard contains at least
one (1) acre, that such parking area does not constitute a traffic or safety hazard or a
nuisance to neighboring property owners, the parking area is located beyond any front
yard setback line and no closer than fifty (50) feet from an adjacent residential property
line and that electrical and sewer and water hook ups are provided for each parking
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stand.
(2) Bulk regulations. Accessory structures and uses shall comply with the bulk regulations
Napplicable in the zoning district in which they are located, and:
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a. Shall be set back at least five (5) feet from the rear lot line when no alley exists and ten
(10) feet when an alley exists;
b. Shall maintain a three-foot side yard, except that no part of any accessory building
shall be located closer than three (3) feet in residential districts and ten (10) feet in all
other districts to any principal structure, either on the same lot or an adjacent lot, unless
it is attached to, or forms a part of, such principal structure;
C. Shall, on corner lots, be set back from the side street a distance not less than that
required for the principal structure; and
d. Fences shall comply with article XII of chapter 8; and
e. In no event shall an accessory building or structure be allowed which is larger in size
or area than the principal building, structure or use it serves.
(3) Use limitations. Accessory structures and uses shall comply with the use regulations
applicable in the zoning district in which they are located, but no accessory structure shall be
constructed and occupied on any lot prior to the time of the completion of the construction
of the principal structure to which itis accessory."
Section 2. That existing Section 42-58 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect after its adoption and publication
once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, Ci Clerk
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Introduced: February 9, 2009
Adopted: February 23, 2009
9JoPVanier II, Mayor