10-10539 Home OccupationsLi
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(Published in the Salina Journal on March LJ_, 2010.)
ORDINANCE NUMBER 10-10539
AN ORDINANCE AMENDING SECTION 42-60 OF THE SALINA CODE
PERTAINING TO HOME OCCUPATIONS; AND REPEALING THE EXISTING
SECTION.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Section 42-60 of the Salina Code is hereby amended to read as follows:
"Sec. 42-60. Home Occupations.
A home occupation may be a permitted accessory us in all residential districts if the following
conditions are met:
(1) Restrictions and limitations..
a. The home occupation shall be conducted entirely within the principal residential
building, except as provided by this chapter, and such use must be clearly
incidental and secondary to the residential use of the building;
b. No more than twenty-five (25) percent of the gross floor area of a dwelling unit
shall be devoted to the home occupation, provided however, that rooms let to
roomers are not subject to this limitation;
C. No alteration of the principal residential building shall be made that changes the
character of that building as a residence;
d. No display of storage of equipment or material outside of a building or structure
shall be permitted;
e. No mechanical or electrical equipment other than normal domestic or household
equipment shall be used and the home business must not involve the use of
hazardous chemicals or flammable liquids;
f. The home business must be operated by a resident of the dwelling, employees or
other assistance shall be limited to immediate members of the family residing on
the premises;
g. No stock in trade (except articles produced by members of the immediate family)
shall be displayed or sold on the premises;
h. No exterior sign or display shall be permitted, except that one non -illuminated
wall sign not more than two (2) square feet in sign area may be used to advertise
the home occupation;
i. The home occupation shall not project any obnoxious noise, smoke, dust, odor or
glare so as to create a nuisance or adverse condition upon adjoining properties or
dwelling units;
j. The home occupation shall not generate traffic in a volume that would create a
need for parking greater than that which can be accommodated on the premises or
which is inconsistent with the normal parking usage of the district;
k. A home occupation conducted in a garage or accessory building shall not be in
operation earlier than 7:30 a.m. or later than 10:00 p.m.
1. The operator of a home business must obtain a home occupation certificate from
the Zoning Administrator. The certificate is not transferable, it may not be
transferred to a different occupant or to a new location.
(2) Particular home occupations permitted. Permitted home occupations include, but are
not limited to, the following list of home occupations, provided, however, that each
listed occupation is subject to the restrictions and limitations above:
a. Home teaching or instruction, including music and dance, provided no more than
three (3) students are taught at any one time and no more than twelve (12)
students per day;
b. Day care homes for children, when property registered with the Salina -Saline
County Health Department, provided such homes shall have all yard areas
enclosed that are devoted to such use;
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C. Artists, sculptors, authors, composers, photographers;
d. Barber and beauty shops, provided that only one chair and operator shall be
permitted;
e. Dressmaker, seamstress, tailor;
f. Minister, rabbi, priest;
g. Office facility for realtors, insurance agents, brokers, sales representatives when
no exchange of tangible goods is made on the premises;
h. Professional offices for physician, dentist, lawyer, architect, engineer, accountant,
bookkeeper or other similar profession;
i. Home crafts, baking, food preparation, provided that no machinery or equipment
shall be used or employed other than that which would customarily be found in
the home, including machinery or equipment that would customarily be employed
in connection with a hobby or avocation not conducted for gain or profit.
j. Repair of items such as small appliances, personal electronic goods such as
radios, televisions and stereos, furniture and hunting and fishing gear provided
that the use, fully conforms with the performance requirements for home
occupations;
k. Hobby breeders, provided that no more than ten (10) dogs are kept on a zoning lot
and that the provisions of Section 7-102 have been complied with.
(3) Particular home occupations prohibited:
a. Automobile and other motor vehicle repair and painting services; except for
automobile window tinting which is permitted under the provisions of Section 42-
60 (4) d.
b. Funeral homes;
C. Medical or dental clinics;
d. Preschools and group day care centers, unless specifically permitted by the district
regulations;
e. Rental of trailers, cars or other equipment;
f. Restaurants;
g. Retail sales such as antiques, secondhand merchandise, salesman's samples, etc;
h. Stables, kennels and animal hospitals.
(4) Special provisions. A home occupation certificate may be issued by the Board of
Zoning Appeals for the following uses, if the Board of Zoning Appeals finds that the
proposed use will not have an adverse effect on neighboring properties;
a. Any of the uses listed in subsection (2) above may be conducted in a detached
garage or accessory building if the Board of Zoning Appeals finds that the
proposed use will conform with the performance requirements for in-home home
occupations.
b. Bed and breakfasts, provided the dwelling has no more than six (6) guest rooms
and no meeting rooms or convention facilities, and provided that at least one(1)
parking space for every two (2) rooms can be accommodated on site:
C. Small engine repair, including lawn mowers, provided that repair activity is
conducted within a structure.
d. Automobile window tinting, provided that there shall be no outdoor storage of
materials and/or supplies including vehicles or equipment used in the conduct of
the business."
Section -2. That existing Section 42-60 is hereby repealed.
Section- I. That this ordinance shall be in full force and effect after its adoption and publication
once in the official city newspaper.
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Introduced: March 8, 2010
Adopted: March 15, 2010
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[SEAL]
ATTEST:.
Shandi Wicks, Deputy City Clerk