89-9353 Zoning Regulationsng —
(Published in The Salina Journal November/ 7 , 1989)
ORDINANCE NUMBER 89-9353
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:
"Section 42-60. Home occupations.
A home occupation may be a permitted accessory use 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 or 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;
M1n-Cox Priming — Sarna. Kam
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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.
I. 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 properly
registered with the Salina -Saline County Health
Department, provided such homes shall have all
yard areas enclosed that are devoted to such use;
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 and manufacturing
representatives when no exchange of tangible
goods is made on the premises;
h. Professional office 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;
b. Funeral homes;
C. Medical or dental clinics;
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d. Preschools and group day care centers, unless
specifically permitted by the district regulations;
e. Rental of trailers, cars and 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 finds in its review 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
lease one (1) parking space for every two (2)
rooms can be accommodated on site;
C. Small engine repair, including law mowers,
provided that repair activity is conducted within a
structure."
Section 2. That the existing Section 42-60 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:
Jacqu line Shiever, City Clerk
Introduced: November 6, 1989
Passed: November 13, 1989
o p Warner, Mayor