89-9352 Zoning RegulationsKuhn -Cox P111,11 — Salina. --
(Published
(Published in The Salina Journal November/%, 1989)
ORDINANCE NUMBER 89-9352
AN ORDINANCE AMENDING SECTION 42-58 OF THE SALINA CODE
PERTAINING TO ACCESSORY USES; AND REPEALING THE EXISTING SECTION.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 42-58 of the Salina Code is hereby amended to
read as follows:
"Section 42-58. Accessory uses.
No accessory use, building or structure shall be located
in any required front, side or rear yard, except as provided
in subsections (1), (2) and (3) and that the following
permitted accessory uses will be allowed in any zoning
district in connection with any principal use is permitted:
(1) Permitted uses. Permitted accessory uses include, but
are not limited to the following:
a. A structure for storage incidental to a permitted
use, provided no such structure that is accessory
to a residential building shall exceed two hundred
forty (240) square feet in gross floor area, the
use shall be in keeping with the principal
structure, and provided no such structure is
located in the front yard setback.
b. A child's playhouse, provided it shall not be more
than one hundred twenty (120) square feet in
gross floor area;
C. A detached garage, provided that no part of such
structure is located in the front yard setback, and
provided that such structure shall not contain
space for more than two (2) vehicles unless the lot
is in excess of six thousand (6,000) square feet in
which one additional vehicular space shall be
permitted for each additional three thousand
(3,000) square feet of lot area. For purposes of
this section, a vehicular space shall not exceed
three hundred sixty (360) square feet.
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;
K,h, Cox P ,ing — Salina. Kansas
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;
I. 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;
M. 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:
Setback
Rotor Diameter Distance
(feet) (feet)
5 100
10 165
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 (6) 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-metalic 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.
15 220
20 270
25 310
30 340
35 365
40 385
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 (6) 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-metalic 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.
n -Go. Venting — 5a1— Kansas
1
1
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 of
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.
(2) Bulk regulations. Accessory structures and uses shall
comply with the bulk regulations applicable in the
zoning district in which they are located, and:
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 (3) foot side yard, except
that no part of any accessory building shall be
located closer than three (3) feet in residential
districts and ten (ten) 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;
d. Fences shall comply with article XII of chapter 8;
and
Cox P—t--Salina. Kansas
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 it is accessory."
Section 2. That the existing Section 42-58 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]
ATTEST:
Jacqueline Shiever, City Clerk
1
Introduced: November 6, 1989
Passed: November 13, 1989
Ahj4arner, Mayor