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86-9142 Zoning Regulations(Published in The Salina Journal July A5 , 1986) ORDINANCE NUMBER 86-9142 AN ORDINANCE REQUIRING A MINIMUM FRONT YARD SETBACK OF FIFTY-FIVE FEET FROM THE CENTERLINE OF A COLLECTOR STREET; AMENDING SECTIONS 42-145, 42-160, 42-175, 42-190, 42-205, 42-221, 42-255, 42-270, 42-285, 42-320, AND 42-335 OF THE SALINA CODE AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 42-145 of the Salina Code is hereby amended to read as follows: "Sec. 42-145. Bulk regulations. Bulk regulations for the R district are as follows: (1) .Maximum structure height: thirty-five (35) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. 3. Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist: i. The adjacent property to be matched has not been granted a variance for front yard setback. ii. Neither adjacent land use is used for nonresidential purposes. iii. The proposed dwelling is riot to be placed on a corner lot. iv. The structure is proposed to be placed no closer than fifteen (15) feet from the front property line. b. Minimum side yards: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot. 2. Group day care centers located in an existing structure resided in by one or more members of the family operating such facility: Seven and five -tenths (7.5) feet on each side of the zoning lot. 3. All other permitted and conditional uses: fifteen (15) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by Article IV of the chapter. C. Minimum rear yard: thirty (30) feet. (3) Maximum lot coverage: thirty (30) percent." Section 2. That Section 42-160 of the Salina Code is hereby amended to read as follows: "Sec. 42-160. Bulk regulations. Bulk regulations for the R-1 district are as follows: (1) Maximum structure height: thirty-five (35) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. 3. Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist: i. The adjacent property to be matched has not been granted a variance for front yard setback. ii. Neither adjacent land use is used for nonresidential purposes. iii. The proposed dwelling is not to be placed on a corner lot. iv. The structure is proposed to be placed no closer than fifteen (15) feet from the front property line. b. Minimum side yard: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot. 2. Group day care centers and nursery schools located in an existing structure resided in by one or more members of the family operating such a facility: seven and five -tenths (7.5) feet on each side of the zoning lot. 3. All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by Article IV of the chapter. C. Minimum rear yard: twenty-five (25) percent of the depth of the lot, but need not exceed thirty (30) feet. (3) Maximum lot coverage: thirty (30) percent." Section 3. That Section 42-175 of the Salina Code is hereby amended to read as follows: "Sec. 42-175. Hulk regulations. Bulk regulations for the R-2 district are as follows: (1) Maximum structure height: fifty (50) feet except as provided in subsection (2)b.3. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55 ) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Minimum side yard: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 112. Group day care centers and nursery schools located in an existing structure resided in by one or more members of the family operating such a facility: seven and five -tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have the minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV of the chapter. 4. There shall be an additional side yard setback of one foot for each two (2) feet of height over forty (40) feet. C. Minimum rear yard: twenty-five (25) feet. (3). Maximum lot coverage: forty (40) percent." Section 4. That Section 42-190 of the Salina Code is hereby amended to read as follows: "Sec. 42-190. Bulk regulations. Bulk regulations for the R-2.5 district are as follows: (1) Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Minimum side yard: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 2. Group day care centers and nursery schools located in an existing structure resided in by one or more members of the family operating such a facility: seven and five -tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV of the chapter. 4. There shall be an additional side yard setback of one foot for each two (2) feet of height over forty (40) feet. C. Minimum rear yard: twenty-five (25) feet. (3) Maximum lot coverage: forty (40) percent." i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Minimum side yard: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 2. Group day care centers and nursery schools located in an existing structure resided in by one or more members of the family operating such a facility: seven and five -tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV of the chapter. 4. There shall be an additional side yard setback of one foot for each two (2) feet of height over forty (40) feet. C. Minimum rear yard: twenty-five (25) feet. (3) Maximum lot coverage: forty (40) percent." 1 1 Section 5. That Section 42-205 of the Salina Code is hereby amended to read as follows: "Sec. 42-205. Bulk regulations. Bulk regulations for the R-3 district are as follows: (1) Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Minimum side yard: 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 2. Group day care centers and nursery schools located in an existing structure resided in by one or more members of the family operating such a facility: seven and five -tenths (7.5) feet on each side of the zoning lot, except that residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV of the chapter. 4. There shall be an additional side yard setback of one foot for each two (2) feet of height over forty (40) feet. c. Minimum rear yard: twenty-five (25) feet. (3) Maximum lot coverage: forty (40) percent." Section 6. That Section 42-221 of the Salina Code is hereby amended to read as follows: "Sec. 42-221. Bulk regulations. Bulk regulations for the MH -S district are as follows: (1) Maximum structure height: thirty-five (35) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. 3. Where not less than seventy (70) percent of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling or mobile home may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist: i. The adjacent property to be matched has not been granted a variance for front yard setback. ii. Neither adjacent land use is used for nonresidential purposes. iii. The proposed dwelling is not to be placed on a corner lot. 1 iv. The structure is proposed to be placed no closer than fifteen (15) feet from the front property line. b. Minimum side yard: 1. Residential buildings: ten (10) feet on each side of the zoning lot. 2. Group day care centers located in an existing structure resided in by one or more members of the family operating such a facility: ten (10) feet on each side of the zoning lot. 3. All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by article IV of the chapter. C. Minimum rear yard: twenty-five (25) percent of the depth of the lot but need not exceed thirty (30) feet. (3) Maximum lot coverage: thirty (30) percent." Section 7. That Section 42-255 of the Salina Code is hereby amended to read as follows: "Sec. 42-255. Bulk regulations. Bulk regulations for the C-1 district are as follows: (1) Maximum structure height: thirty (30) feet, except multiple -family development which shall be governed by the regulations for the R-3 district, provided that there shall be one additional foot of setback on the side yards for each two (2) feet of height over thirty (30) feet. (2) Minimum yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Minimum side yard: eight (8) feet each side. C. Minimum rear yard: twenty-five (25) feet. (3) Maximum lot coverage: thirty (30) percent." Section 8. That Section 42-270 of the Salina Code is hereby amended to read as follows: "Sec. 42-270. Bulk regulations. Bulk regulations for the C-2 district are as follows: (1) Maximum structure height: fifty (50) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. H. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Side yard: None required, except when a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be provided. C. Rear yard: None required, except when a rear yard in this district abuts a residential district a rear yard of fifteen (15) feet shall be provided. d. Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way. (3) Maximum lot coverage: thirty-five (35) percent." Section 9. That Section 42-285 of the Salina Code is hereby amended to read as follows: "Sec. 42-285. Bulk regulations. Bulk regulations for the C-3 district are as follows: (1) Maximum structure height: thirty-five (35) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: twenty-five (25) feet is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Side yard: None required, except when a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be provided. C. Rear yard: None required, except when a rear yard in this district abuts a residential district a rear yard of fifteen (15) feet shall be provided. d. Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way." Section 10. That Section 42-320 of the Salina Code is hereby amended to read as follows: "Sec. 42-320. Bulk regulations. Bulk regulations in the C-5 district are as follows: (1) Maximum structure height: forty (40) feet. (2) Yard requirements: a. Minimum front yard: i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. Side yard: None required, except when a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be provided. C. Rear yard: None required, except when a rear yard in this district abuts a residential district a rear yard of fifteen (15) feet shall be provided. d. Canopies used in conjunction with retail gasoline service may extend up to twelve (12) feet into the required front yard setback. At no time shall the canopy extend over the right-of-way." Section 10. That Section 42-320 of the Salina Code is hereby amended to read as follows: "Sec. 42-320. Bulk regulations. Bulk regulations in the C-5 district are as follows: (1) Maximum structure height: forty (40) feet. (2) Yard requirements: a. Minimum front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof: 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. No side or rear yard setback shall be required, other than under the conditions specified in subsection 2(a), except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet. C. Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet. d. Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line. e. Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line. (3) Maximum lot coverage: fifty (50) percent." Section 11. That Section 42-335 of the Salina Code is hereby amended to read as follows: "Sec. 42-335. Bulk regulations. Bulk regulations in the C-6 district are as follows: (1) Maximum structure height: fifty (50) feet. i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) from the center greater. line, whichever is ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. No side or rear yard setback shall be required, other than under the conditions specified in subsection 2(a), except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet. C. Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet. d. Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line. e. Sight obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district; however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies one hundred (100) feet or more from an abutting residential lot line, no screening is required along that lot line. (3) Maximum lot coverage: fifty (50) percent." Section 11. That Section 42-335 of the Salina Code is hereby amended to read as follows: "Sec. 42-335. Bulk regulations. Bulk regulations in the C-6 district are as follows: (1) Maximum structure height: fifty (50) feet. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side or rear yard or any combination thereof. i. Residential street: twenty-five (25) feet from the property line or fifty-five (55) from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. ' 2. When an addition to an existing nonconforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. b. No side or rear yard setback shall be required, other than under the conditions specified in subsection 2(a) , except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet. C. Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet. d. Gasoline pumps, air and water service, canopies and other fixtures used in connection with gasoline delivery shall be located no less than twelve (12) feet from the property line of any abutting street. However, a canopy may be constructed which further extends to, but not beyond, the front property line. (3) Maximum lot coverage: fifty (50) percent." Section 12. That the existing Sections 42-145, 42-160, 42-175, 42-190, 42-205, 42-221, 42-255, 42-270, 42-285, 42-320, and 42-335 of the Salina Code are hereby repealed. Section 13. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: D. L. Harrison, City Clerk C Introduced: July 14, 1986 Passed: July 21, 1986 /;�oseph 17 Ritter, Mayor