87-9184 Zoning Regulations(Published in The Salina Journal May 15, 1987)
ORDINANCE NUMBER 87-9184
AN ORDINANCE SUBSTITUTING THE TERM "MANUFACTURED HOME"
FOR "MOBILE HOME"; PROVIDING THAT THE CITY OF SALINA SHALL OBTAIN,
REVIEW, AND UTILIZE ANY BASE FLOOD ELEVATION AND FLOODWAY DATA
AVAILABLE FROM A FEDERAL, STATE OR OTHER SOURCE TO REGULATE
CONSTRUCTION IN ZONE A; AMENDING SECTIONS 42-438, 42-439; 42-782.1,
42-783 AND REPEALING THE EXISTING SECTIONS; AMENDING ARTICLE XIV OF
CHAPTER 42 OF THE SALINA CODE BY REPEALING SECTIONS 42-668.2,
42-668.4, 42-715, 42-716, 42-717, 42-718, AND BY ADDING SECTIONS 42-712.1,
42-712.2, 42-712.3, 42-712.4, 42-719.1.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 42-438 of the Salina Code is hereby amended
to read as follows:
"Section 42-438. Requirement for permit.
No permit for development shall be granted for new
construction, substantial improvements and other
improvements including the placement of manufactured homes
within all numbered and unnumbered A zones unless the
conditions of this division are satisfied."
Section 2. That Section 42-439 of the Salina Code is hereby amended
to read as follows:
"Section 42-439. Special provisions for unnumbered
Zones.
All areas identified by unnumbered A zones on the
FIRM are subject to inundation of the 100 -year flood;
however, the water surface elevation was not provided. The
unnumbered A zones shall be subject to all development
provisions of this article. If Flood Insurance Study data is
not available, the community shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source as criteria
for reviewing new construction, substantial improvements, or
other development in Zone A in order to administer the
provisions of Division 4 through Division 7 of this Article."
Section 3. That Section 42-782.1 of the Salina Code is hereby
amended to read as follows:
"Section 42-782.1. Start of construction.
'Start of construction' (for the purposes of the Flood
Plain Regulations) includes substantial improvements, and
means the date the building permit was issued, provided the
actual start of construction, repairs, reconstruction,
placement, or other improvement was within 180 days of the
permit date. The actual start means either the first
placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the
stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or
walkways; nor does it include the excavation for a basement,
footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation of buildings, such
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as garages or sheds not occupied as dwelling units or not
part of the main structure."
Section 4. That Section 42-783 of the Salina Code is hereby amended
to read as follows:
"Section 42-783. Structure.
(a) 'Structure' is anything constructed or erected with
a fixed location on the ground, or attached to something
having a fixed location on the ground. Among other things,
structures include buildings, walls, sheds, towers, and
bins. For purposes of this chapter, residential air
conditioning condensation units and similar cooling system
apparatus, or so-called 'window' or 'room' conditioners shall
not be considered as structures.
(b) 'Structure' (for the
Regulations) means a walled
principally above ground, as
and a gas or liquid storage
ground."
purposes of the Flood Plain
and roofed building that is
well as a manufactured home,
tank that is principally above
Section 5. That Article XIV of Chapter 42 of the Salina Code is
hereby amended by adding the following sections which shall read as follows:
"Section 42-712.1. Lowest floor.
'Lowest floor' means the lowest floor of the lowest
i enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the
structure in violation of the applicable non -elevation design
requirements of this chapter."
"Section 42-712.2. Manufactured home.
"Manufactured home" means a structure transportable in
one or more sections, which is built on a permanent chassis
and which is not and cannot be determined to have been
built in accordance with the building codes of the City, and
is designed for use with or without a permanent foundation
when connected to the required utilities. For flood plain
management purposes the term 'manufactured home' also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term 'manufactured home'
does not include park trailers, travel trailers, and other
similar vehicles."
"Section 42-712.3. Manufactured home park or subdivision.
'Manufactured home park or subdivision' means a parcel
(or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale. This term does not
include sales lots on which unoccupied manufactured homes,
whether new or used, are located for the purposes of
storage, inspection or sale."
"Section 42-712.4. Manufactured home space.
'Manufactured home space' is a plot of land within a
manufactured home park which can accommodate one
manufactured home and which provides the necessary utility
services for water, sewerage and electricity."
"Section 42-719.1. Modular home.
'Modular home' means a home which the manufacturer
certifies is constructed in accordance with City of Salina
building codes, meaning a structure transportable in one or
more sections, which is not constructed on a permanent
chassis and which is designed to be used as a dwelling on a
permanent foundation when connected to required utilities
including plumbing, heating, air conditioning and electrical
systems contained therein."
Section 7. That the existing Sections 42-438, 42-439, 42-782.1,
42-783, 42-668.2, 42-668.4, 42-715, 42-716, 42-717 and 42-718 of the Salina Code
are hereby repealed.
Section B. 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:
D. L. Harrison, City Clerk
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Introduced: May 4, 1987
Passed: May 11, 1987
Stephen C. Ryan, Mayor