09-10511 Temporary Uses(Published in the Salina Journal on August 6A 2009)
ORDINANCE NUMBER 09-10511
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV OF THE SALINA
CODE BY AMENDING SECTION 42-59 PERTAINING TO TEMPORARY USES AND
REPEALING EXISTING SECTION 42-59.
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BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 42, Article IV ,Section 42-59 of the Salina Code is hereby amended
to read as follows:
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"Sec. 42-59. Temporary Uses.
(a) Intent. It is the intent of the following regulations to provide for and govern the
operation of certain temporary or seasonal uses.
(b) Permits for temporary uses. Applications for a temporary use permit shall be made
to the zoning administrator at least three (3) days before the starting date of the
temporary use and shall contain the following:
(1) The commonly known address of the property to be used, rented or leased for the
temporary use, including all information necessary to accurately describe the
subject property;
(2) A complete description of the proposed use, including dates and time schedules for
operation of the use;
(3) The name, address and phone number of the applicant, the property owner and the
person(s) responsible for the use if different than the applicant or property owner;
(4) A statement describing provisions which will be made for sanitation facilities,
utility services, parking, traffic control, security, fire safety, medical emergency
and first aid, noise control and cleanup and restoration.
(c) General requirements. Temporary use permits shall be issued by the zoning
administrator, unless otherwise specified by these regulations. Said permit shall be
issued only if all the followingcriteria are met in the opinion of the zoning
administrator:
(1) Adequate off-street parking with an approved surface shall be provided for
customer vehicles outside the roadway improvement area.
(2) Signs may not be larger than ten (10) square feet and must comply with the sign
regulation provisions of these regulations.
(3) Structures or product displays shall not be placed inside the visual sight triangle at
intersections.
(4) Adequate sight distances shall be available for vehicles entering and leaving the
temporary use site.
(5) Noise, odor or light emissions from the site shall not present an interference with
the enjoyment or use of the property or a hazard to adjoining properties or public
ways. Artificial lighting shall not illuminate any nearby dwellings and sound from
public address systems shall not exceed sixty (60) dBA at the property line of
residences.
(6) Adequate provision for sanitary waste and trash disposal shall be provided by the
applicant. Trash, rubbish and waste products shall be removed from the premises
daily.
(7) Utility services, provided shall comply with applicable building, electrical,
plumbing, fire, safety, sanitation, public health and other codes, laws or regulations
applicable to the use and shall be installed only under permits obtained as required
by such codes.
(8) The site shall be cleaned up and restored to its previous condition upon expiration
of the temporary use permit.
(d) Specific uses and regulations. The following are considered temporary uses and are
subject to the following specific regulations and time limits in addition to the
regulations of any zone in which they are located:
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(1) Christmas tree sales. A temporary use permit may be issued for the display and
open -lot sale of Christmas trees in the C-3 through C-6 districts or in any industrial
district for a period not to exceed forty-five (45) days. Display of Christmas trees
need not comply with the yard and setback requirements of these regulations;
provided, that no structures or trees shall be placed within the sight triangle. The
site shall be cleaned and returned to its previous condition within two (2) weeks
after Christmas.
(2) Contractor's office. A temporary use permit may be issued for a contractor's
temporary office and equipment sheds incidental to a construction project. The
office or shed shall not contain sleeping or cooking accommodations. The permit
shall be valid for no more than one (1) year, but may be renewed while
construction work is in progress. The office or shed shall be removed upon
completion of the construction project.
(3) Temporary living quarters for emergency service provides. A temporary use
permit may be issued for temporary living quarters in a temporary structure for
emergency service providers ; and responders, including but not limited to Fire
Department personnel, ambulance service personnel and law enforcement agencies
who provide services to the general public, if it is incidental to a construction
project. The permit shall be valid for no more than one (1) year but may be
renewed while construction work is in progress. The temporary structure shall be
removed from the site within 30 days after the issuance of a Certificate of
Occupancy for the construction project.
(4) Real estate project sales office. A temporary use permit may be issued for a
temporary real' estate sales office in any new subdivision which has been approved
by the planning commission. The permit shall be valid for no more than one (1)
year, but is renewable. The office shall be closed upon sale or lease of all dwelling
units in the development. The office shall contain no sleeping or cooking
accommodations unless located in a model home.
(5) Festivals. A temporary use permit may be issued for tents or other temporary
structures and related facilities to house and serve public celebrations, special
observances, religious meetings, cultural events or entertainment programs
sponsored by a local civic, religious, governmental or recognized duly chartered
fraternal organization for a period of no more than fourteen (14) days, unless
otherwise approved by the zoning administrator.
(6) Carnivals, circuses and tent shows. A temporary use permit may be issued for a
carnival, circus or tent show, as defined in section 6-16 of this Code, for a period
that does not exceed fourteen (14) days. However, the permit may be renewed or
extended upon "application to the zoning administrator. .
(7) Open air markets. A special use permit may be issued by the Planning
Commission for the operation of open air markets, including outdoor flea markets,
farmer's markets or roadside produce stands after the Commission has held a public
hearing in accordance with the procedures established in Section 42-24 of the
Salina Code, subject to the following provisions:
a. An outdoor flea market may operate in a C-3 or higher district and is defined
as any place where the owner or operator thereof allows more than one (1)
person to sell merchandise from outdoor stalls, booths, stands, etc., which are
not open for business on a daily basis. The permit shall be valid for a calendar
year and may be renewed administratively on an annual basis by the Zoning
Administrator following initial approval by the Planning Commission.
b. A farmer's market may operate in a C-3 or higher district and is defined as any
place, with or without permanent buildings or structures, where fruit,
vegetables, produce, handmade crafts, etc., are sold from more than one (1)
produce stand operated by different persons.. The permit shall be valid for a
calendar year and may be renewed administratively on an annual basis by the
Zoning Administrator following initial approval by the Planning Commission.
c. A roadside stand may be located in an A-1 or C-3 or higher district and is
defined as a temporary structure used by one (1) operator for the sale of farm
produce. The permit shall be valid for no more than six (6) continuous
months in a calendar year. No produce sales shall be made within thirty (30)
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feet of the roadway improvement. Area for a roadside stand operating more
than one (1) month per year, an off-street parking area shall be provided.
d. Application Requirements.
Pre -Application Conference. Prior to the acceptance of a special use
permit application, applicants shall participate in a pre -application
conference with the Planning Department for the purposes of discussing
application requirements, specifics of the site and plans for parking, traffic
control, pedestrian. safety, the need for utilities and/restroom facilities,
trash disposal and site clean up.
2. Applications for a special use permit for an open air market shall be filed
with the Planning Department and shall include the following:
L A plot plan of the site drawn to an accurate scale and showing all
pertinent information, including proposed parking areas. The
application material shall provide sufficient information, as
determined by the zoning administrator, to allow a complete review
of the proposal. The application material shall also include
sufficient detail to indicate compliance with all performance
standards. Failure to provide adequate information may result in
the rejection of the application.
ii. The name and phone number of the individual responsible for
overseeing the operation of the open air market and a copy of the
lease between the operator and the owner of the property if
applicable.
iii. A statement indicating the. number of vendors that will be setting
up booths, stands or tables at the market.
iv. A statement describing any temporary structures that will be
erected on the site.
V. A statement describing the provisions made for off-street parking
and pedestrian access to the site.
vi. A statement indicating proposed measures designed to minimize
potentially adverse effects, including trespassing, on adjacent
properties.
e. Conditions.
In granting a special use permit, the Planning Commission may impose
appropriate conditions and safeguards including but not limited to
commencement and termination dates, dates and hours of operation, improved
traffic circulation, pedestrian safety requirements, parking requirements, or
any other requirements which the Commission deems appropriate upon a
finding that they are necessary to fulfill the purpose and intent of this chapter.
f. Denial of special use permit.
Any decision to deny a special use permit under this section shall be made in
writing and shall state the specific reasons for the denial. Any denial made by
the Planning Commission may be appealed to the Board of City
Commissioners. Any denial by the Board of City Commissioners shall be
deemed a final administrative decision, subject to judicial review and appeal.
In the event that a special use permit application is denied by the Planning
Commission or Board of City Commissioners for a particular location, no new
request for the same or substantially similar special use permit shall be
accepted or processed for that location during the same calendar year.
g. Protests.
The notification and protest area for special use permit applications shall be
two hundred fifty (250) feet from the proposed open air market. If a special
use permit is approved by the Planning Commission, affected property owners
shall have the same right to present a protest petition to the Board of City.
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Commissioners and appeal that decision as property owners in rezoning cases.
The protest procedure shall be as provided in K.S.A. 12-708 and section 42-
26(b) of this chapter.
h. If an operator of an open air market fails to comply with the conditions upon
which a permit was approved by the Planning Commission, or the Board of
City Commissioners, the City Manager may revoke the special use permit and
direct the open air market to cease operation. Revocation of a special use
permit may be appealed to the Board of City Commissioners.
(8) Moveable structures.
a. A temporary use permit may be issued for the sale of merchandise, food, or
services from a motor vehicle, recreational vehicle, trailer, mobile home or
tent on a lot or portions thereof that are vacant or used for parking, provided
the following conditions are met:
i. Such sales are conducted by the owner or lessee of the property on which
it is conducted.
ii. Such sales are temporary and limited to one (1) event comprising a
maximum of two (2) consecutive weeks in any six-month period;
iii. Applicants for sales from moveable structures shall submit a site plan,
including, without limitation, the location, setback from property line,
screening, sign and fence locations, if applicable and electric meter
locations or power source;
iv. Applicants for sales shall obtain the appropriate sales tax license and, if
applicable, a food service license;
v. Such sales may not be located within any area'utilized as the required
parking or loading area for another use or on public right-of-way;
vi. Upon termination of the sale, the lot or parcel shall be returned
substantially to its original condition. All litter, fences, borders, tie -down
materials, and other items associated with the temporary sale shall be
removed from the site;
vii. Mobile food vendors who operate for fourteen (14) days or less on a
vacant lot, parking lot or at a special event shall be considered temporary
food establishments. A permit shall not be required for mobile food
vendors accessory to a permitted use or approved conditional use which
operate for eight (8) hours or less at a given location.
b. Any person or persons who operates or sells food from a stationary cart or
trailer mounted on a chasis, but without an engine, at a location for a period of
15 days or greater shall be considered a mobile food vendor. Mobile food
vendors are permitted as an accessory use to a permitted or approved
conditional use in the H -M, C-3, C-4, C-5, C-6, and C-7 districts and all
industrial districts provided the following conditions are met:
i. Mobile food vendors shall be located on private property where an
existing, permanent business operates in a building with a certificate of
occupancy:
ii. Mobile food vendors shall provide the City with a copy of written
permission from the property owner on an annual basis to allow the
operation of a mobile vendor and to allow the mobile vendor and their
customers access to a commercially plumbed public restroom on site;
iii. A mobile food vendor shall submit a site plan depicting the location of
the mobile food vendor on the property, and shall secure a food service
establishment license from the Salina — Saline County Health
Department prior to the operation of such use in any location;
iv. Temporary connections to potable water are prohibited. Water shall be
from an internal tank, and electricity shall be from a generator or an
electrical outlet via a portable cord that is in conformance with the
Electrical Code as adopted by the City of Salina;
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v. Mobile food vendors shall be located within 50 feet of an entrance of a
primary building that holds the Certificate of Occupancy;
vi. Mobile food vendors may operate only during the business hours of the
primary business on the property;
vii. The operator shall possess a sales tax certificate number from the state of
Kansas;
viii. Mobile food vendors shall not operate in parking spaces, driveways, fire
lanes or public roads;
ix. A drive through is not permitted in conjunction with the mobile food
vendor;
x. Sales of food from a stationary vehicle shall exclude motorized catering
trucks; and
xi. Mobile food vendors may not operate from a temporary building.
(9) Promotional activities. No permit is required for promotional activities of retail
merchants involving the display only of goods and merchandise, which are for sale
within the principal structure conducted outside of such structure for a period of no
more than two (2) consecutive weeks in any three-month period; provided, that:
a. No portion of the display shall be on publicly owned property unless the
applicant shall first have obtained approval for such use from the city;
b. No required 'off-street parking or loading area will be utilized for such display,
storage or dispensing;
c. No food or drink shall be displayed outside the building except in accordance
with standards and prior written approval of the health department; and
d. These provisions shall in no way be deemed to authorize the outdoor display
of automobiles, trailers and equipment rental or the sale of used furniture,
appliances, plumbing, housewares, building materials or similar displays or
sales in any business district except as otherwise permitted by this chapter.
(10) Garage sales. No permit is required for a garage sale, as defined, in any residential
district which is limited to one (1) event comprising a maximum of three (3)
consecutive days in any six-month period. Where such sale is conducted on
premises exterior to any structure, all sale items shall be removed from such
exterior premises within one (1) day following the day the sale is concluded.
(e) Appeals. Any applicant who is denied a temporary use permit may appeal the zoning
administrator's decision to the board of zoning appeals in accordance with section
42-597 of these regulations." -
Section 2. That the existing section 42-59 of the Salina Code is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL] Q A TE :A TE T:
Lieu Ann Elsey, CMC,jClerk
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Introduced: August 10, 2009
Passed: August 17, 2009
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