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84-9002 Zoning Regulations(Published in The Salina Journal aio 20 , 1984) AN ORDINANCE PERTAINING TO USE LIMITATIONS IN THE C-1, C-2, C-3, C-5, C-6, 1-1, 1-2, 1-3 DISTRICTS; AMENDING SECTIONS 42-256, 42-271, 42-286, 42-320, 42-336, 42-351, 42-366, 42-386 OF THE SALINA CODE AND REPEALING THE ORIGINAL SECTIONS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 42-256 of the Salina Code is hereby amended to read as follows: "Sec. 42-256. Use limitations. Use limitations in the C-1 district are as follows: (1) All business, service, storage and display of goods shall be conducted within a completely enclosed structure. (2) 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. (3) 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. (4) Off-street parking and loading areas associated with the uses permitted in this district shall not be permitted in any required front yard." Section 2. That Section 42-271 of the Salina Code is hereby amended to read as follows: "Sec. 42-271. Use limitations. Use limitations in the C-2 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. (2) All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area eqivalent to not more than five (5) percent of the total floor area may be used for open display and sales. (3) 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. (4) 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 neon -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. (5) No individual business establishment shall occupy more than twenty-five thousand (25,000) square feet of floor space." Section 3. That Section 42-286 of the Salina Code is hereby amended to read as follows: "Sec. 42-286. Use limitations. Use limitations in the C-3 district are as follows: (1) All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the premises shall be sold at retail on the premises where produced. (2) All business, service, storage and display of goods shall be conducted within a completely_ enclosed building, except as provided by this chapter. (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. (5) 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." Section 4. That Section 42-321 of the Salina Code is hereby amended to read as follows: "Sec. 42-321. Use limitations. Use limitations in the C-5 district are as follows: (1) No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises and except that accommodation may be offered to transient public by motels and hotels. (2) All outdoor storage and vehicles in operating condition and off-street parking and loading spaces shall be enclosed by screening as provided in Section 42-320(2)e. Off-street parking and loading spaces and the storage of automobiles and other motor vehicles in operating condition shall be so enclosed when such use abuts on a residential district at a side or a rear lot line or is separated from the district only by an alley. (3) All business establishments shall be retail or service establishments dealing directly with consumers, except wholesale when permitted as a conditional use. All goods produced on the premises shall be sold on the premises where produced. (4) Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential district. (5) Drive-in establishments offering food or services directly to customers waiting in parked motor vehicles shall screen the space allocated for customers and motor vehicles in the same manner as is required in subsection (2). (6) 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." Section 5. That Section 42-336 of the Salina Code is hereby amended to read as follows: "Sec. 42-336. Use limitations. Use limitations in the C-6 district are as follows: (1) No structure shall be used for residential purposes except for a security guard or night watchman or the owner or operator of the business located on the premises. (2) All outdoor storage including off-street parking spaces shall be enclosed by screening from adjacent property located in a residential district. (3) All lighting shall be so located to avoid casting direct light upon any property located in a residential district. (4) 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." Section 6. That Section 42-351 of the Salina Code is hereby amended to read as follows: "Sec. 42-351. Use limitations. Use limitations in the 1-1 district are as follows: (5) If a lot in an 1-1 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. (1) All operations, activities and storage shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any zoning district other than an 1-1, 1-2, or 1-3 district and except that storage may be maintained outside the building in side yards or rear yards if such storage area is separated from public streets and other property (except property located in an 1-1, 1-2, or 1-3 district) by screening of not less than six (6) feet in height. (2) No retail sales or services shall be permited except incidental or accessory to a permitted use. (3) Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use. (4) All premises in an 1-1 district shall be furnished with all-weather, hard surface walks and, except for parking areas, the grounds shall be planted and landscaped according to a landscape plan which shall be filed in the zoning administrator's office. (5) If a lot in an 1-1 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. (6) No building shall be used for residential purposes except that a watchman may reside on the premises. (7) Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district or upon any street where glare is visible to traffic." Section 7. That Section 42-366(3) of the Salina Code is hereby amended to read as follows: "Sec. 42-366. Use limitations. Use limitations in the 1-2 district are as follows: 0 ) All operations, activities and storage shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other zoning district other than an 1-2 or 1-3 district and except that storage may be maintained outside the building in side yards or rear yards if such storage area is separated from public streets and other property (except property located in an 1-2 or 1-3 disrict) by screening of not less than six (6) feet in height. (2) Servicing and maintenance of vehicles shall be permitted only when such is necessary to the conduct of a permitted use. (3) If a lot in an 1-2 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however, if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. (4) No building shall be used for residential purposes except that a watchman may reside on the premises." Section 8. That Section 42-386 of the Salina Code is hereby amended to read as follows: "Sec. 42-386. Use limitations. Use limitations in the 1-3 district are as follows: (1) If a lot in an 1-3 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses, however if the property actually utilized for permitted or conditional non-residential purposes (including accessory parking areas) lies two hundred (200) feet or more from an adjoining residential lot line, no screening is required along that lot line. (2) No building shall be used for residential purposes except that a watchman or custodian may reside on the premises." Section 9. That the existing Sections 42-256, 42-271, 42-286, 42-320, 42-336, 42-351, 42-366, 42-386 of the Salina Code are hereby repealed. Section 10. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: February 6, 1984 Passed: February 13, 1984 11 (SEAL) ATTEST: J Harrison, City Clerk l r o n F. Bu—rg—eVsT, Vlor