01-10056 Zoning Regulations(Published in the Salina Journal on Septembeig , 2001)
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ORDINANCE NUMBER 01-10056
AN ORDINANCE AMENDING SECTIONS 42-302 AND 42-303 OF THE SALINA
CODE PERTAINING TO PERMITTED AND CONDITIONAL USES IN THE C-4 ZONING
DISTRICT; AMENDING SECTION 42-306 PERTAINING TO USE LIMITATIONS IN THE
C-4 ZONING DISTRICT; AMENDING ARTICLE XIV DEFINITIONS BY ADDING
DEFINITIONS FOR BARS AND DRINKING ESTABLISHMENTS, AMENDING THE
DEFINITION OF RESTAURANT AND DELETING THE DEFINITION OF TAVERN; AND
REPEALING; AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-302 of the Salina Code is hereby amended to read as follows:
"Section 42-302. Permitted uses.
Permitted uses in the C-4 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Art galleries, libraries and museums;
(5) Auditoriums and community theatres;
(6) Automobile sales, rental and service;
(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;
(17) Carpet and rug stores;
(18) China and glassware stores;
(19) Contractor's offices;
(20) Department stores;
(21) Dog kennels, providing that such facilities are completely
enclosed and that no odor or noise is discernible outside the
structure.
(22) Dry cleaning establishments;
(23) Drygoods stores;
(24) Electrical contractors;
(25) Electronic parts and supplies;
(26) Florist shops;
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(27) Food stores, including grocery stores, meat markets, bakeries,
and delicatessens;
(28) Fraternal and service clubs;
(29) Furniture stores;
(30) Furrier shops, including the incidental storage and conditioning
of furs;
(31) Gasoline service stations;
(32) Gift shops;
(33) Government buildings;
(34) 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;
(35) Hardware stores;
(36) Hobby shops;
(37) Hospitals, sanitariums, rest homes, and nursing homes, provided
that parking is provided in accordance with Section 42-553;
(38) Hotels and motels, providing that parking is provided in
accordance with Section 42-553;
(39) 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;
(40) Jewelry stores;
(41) Leather goods and luggage stores;
(42) Mail-order houses;
(43) Mechanical contractors;
(44) Medical and dental clinics, and guidance centers;
(45) Mini -warehouses;
(46) Mortuaries and funeral homes; including crematories, provided
that such facility is completely enclosed and that no odor or
noise is discernible outside the structure;
(47) Music stores and musical instrument sales;
(48) Newspaper offices and printing;
(49) Newsstands;
(50) Office equipment and supply;
(51) Optical sales;
(52) Package liquor stores;
(53) Paint and wallpaper stores;
(54) Parking garages and lots;
(55) Pawnshops;
(56) Pest control and exterminators;
(57) Pet grooming shops;
(58) Pet stores;
C,111,end 51111,
(59) Pharmacies;
(60) Physical and health services such as private gymnasiums and
reducing salons;
(61) Printing plants;
(62) Public utility uses including substations and ambulance services;
(63) Radio and television broadcasting stations;
(64) Radio and television repair shops;
(65) Recording studios;
(66) Residential dwellings, accessory to and located above or below
the ground floor of another principal use.
(67) Restaurants which do not serve or sell alcoholic beverages, but
no drive in establishments;
(68) Restricted production and repair limited to the following:
alteration and custom tailoring of clothing for retail sale only;
jewelry from precious metal; watches; dentures; optical lenses;
and other similar activities;
(69) Schools: music, dance or business;
(70) Self-service laundry and dry cleaning establishments;
(71) Shoe repair shops;
(72) Small animal hospitals, providing that such facility is completely
enclosed and that no odor or noise is discernible outside the
structure;
(73) Sporting goods stores;
(74) Tailor shops;
(75) Telephone exchanges and telephone transmission equipment
structures;
(76) Theatres, 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;
(81) Accessory and temporary uses, as permitted by Article VI of this
chapter,
(82) Signs, as permitted by Article X of this Chapter;
(83) Off-street parking and loading, as required by Article XI of this
chapter."
Section 2. That Section 42-303 of the Salina Code is hereby amended to read as follows:
"Section 42-303. Conditional uses.
Conditional uses in the C-4 district are as follows:
(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales and service;
(3) Appliance stores, sales and service;
(4) Automobile repair;
(5) Automobile sale, rental and service with outdoor display;
(6) Church, chapel, temple, synagogue and shrine;
(7) Custom cabinet and woodworking shop;
(8) Drinking establishments, including restaurants that serve
alcoholic beverages;
(9) Equipment sales, rental and service, except construction -type
equipment;
(10) Food and/or beverage serve 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;
(11) Furniture repair and restoration shop;
(12) Glass and mirror sales and service;
(13) Group care facility;
(14) Group day-care centers;
(15) Handcrafts, ceramics and similar artwork;
(16) Home improvement center;
(17) Motorcycle sales, rental and service;
(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;
(21) Testing and research laboratories;
(22) Warehouse and wholesale houses.
Section 3. That Section 42-306 of the Salina Code is hereby amended to read as follows:
"Sec. 42-306. Use limitations.
Use limitations in the C-4 district are as follows:
(1) All business establishments shall be retail or service
establishments dealing directly with consumers. All goods
produced on the premises shall be sold at retail on the premises
where produced. No products produced in this district shall be
of a nature that they would be classified as a permitted use in the
I-2 or I-3 districts if produced separately from a use permitted in
this district.
(2) All business, service, storage and display of goods shall be
conducted within a completely enclosed building.
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(3) No business establishment shall offer or sell food or beverages
for consumption on the premises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded so that no direct light
is cast upon any property located in a residential district and so
that no glare is visible to any traffic on any public street.
Section 4. Section 42-634.2 is hereby added to read as follows:
"Bar" is an establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for
consumption on the premises and in which food sales is only incidental
to the consumption of such beverage.
Section 5. Section 42-657.1 is hereby added to read as follows:
"Drinking establishment" is an establishment which may be open to
the general public, where alcoholic liquor by the drink is sold [K.S.A.
41-2601(i)].
Section 6. Section 42-755 is hereby amended to read as follows:
"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 limit to the types of
business establishments customarily referred to as cafes, cafeterias,
coffee shops, dairy bars, restaurants and sofa fountains.
Section 7. Section 42-786 "Tavern" is hereby deleted from Article XIV Definitions.
Section 8. That the existing Sections 42-302, 42-303, and 42-306 of the
Salina Code are hereby repealed.
Section 9. 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:
U
Lieu Ann Nicola, City Clerk
Introduced: September 24, 2001
Passed: September 24, 2001