03-10129 Temp Outdoor StorageConSolitlele65eline
ORDINANCE NUMBER 03-10129
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 42,
SECTIONS 42-59 OF THE SALINA CODE PERTAINING TO THE TEMPORARY USE OF
SEMI -TRAILERS AND CARGO CONTAINERS IN RETAIL AREAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That section 42-59 of Chapter 42 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-59. Temporary uses.
Sec. 42-59. Temporary uses.
(a) Intent. It is the intent of the following regulations to provide for and govern
the operation of certain temporary or seasonal uses.
(b) Permits for temporary uses. Applications for a temporary use permit shall be
made to the zoning administrator at least three (3) days before the starting
date of the temporary use and shall contain the following:
(1) The commonly known address of the property to be used, rented or
leased for the temporary use, including all information necessary to
accurately describe the subject property;
(2) A complete description of the proposed use, including dates and time
schedules for operation of the use;
(3) The name, address and phone number of the applicant, the property
owner and the person(s) responsible for the use if different than the
applicant or property owner;
(4) A statement describing provisions which will be made for sanitation
facilities, utility services, parking, traffic control, security, fire safety,
medical emergency and first aid, noise control and cleanup and
restoration.
(c) General requirements. Temporary use permits shall be issued by the zoning
administrator, unless otherwise specified by these regulations. Said permit
shall be issued only if all the following criteria are met in the opinion of the
zoning administrator:
(1) Adequate off-street parking with an approved surface shall be
provided for customer vehicles outside the roadway improvement
area.
(2) Signs may not be larger than ten (10) square feet and must comply
with the sign regulation provisions of these regulations.
(3) Structures or product displays shall not be placed inside the visual
sight triangle at intersections.
(4) Adequate sight distances shall be available for vehicles entering and
leaving the temporary use site.
(5) Noise, odor or light emissions from the site shall not present an
interference with the enjoyment or use of the property or a hazard to
adjoining properties or public ways. Artificial lighting shall not
illuminate any nearby dwellings and sound from public address
systems shall not exceed sixty (60) dBA at the property line of
residences.
CIIIIAeieo Salina
(6) Adequate provision for sanitary waste and trash disposal shall be
provided by the applicant. Trash, rubbish and waste products shall be
removed from the premises daily.
(7) Utility services provided shall comply with applicable building,
electrical, plumbing, fire, safety, sanitation, public health and other
codes, laws or regulations applicable to the use and shall be installed
only under permits obtained as required by such codes.
(8) The site shall be cleaned up and restored to its previous condition
upon expiration of the temporary use permit.
(d) Specific uses and regulations. The following are considered temporary uses
and are subject to the following specific regulations and time limits in
addition to the regulations of any zone in which they are located:
(1) Christmas tree sales. A temporary use permit may be issued for the
display and open -lot sale of Christmas trees in the C-3 through C-6
districts or in any industrial district for a period not to exceed forty-
five (45) days. Display of Christmas trees need not comply with the
yard and setback requirements of these regulations; provided, that no
structures or trees shall be placed within the sight triangle. The site
shall be cleaned and returned to its previous condition within two (2)
weeks after Christmas.
(2) Contractor's office. A temporary use permit may be issued for a
contractor's temporary office and equipment sheds incidental to a
construction project. The office or shed shall not contain sleeping or
cooking accommodations. The permit shall be valid for no more than
one (1) year, but may be renewed while construction work is in
progress. The office or shed shall be removed upon completion of the
construction project.
(3) Real estate project sales office. A temporary use permit may be issued
for a temporary real estate sales office in any new subdivision which
has been approved by the planning commission. The permit shall be
valid for no more than one (1) year, but is renewable. The office shall
be closed upon sale or lease of all dwelling units in the development.
The office shall contain no sleeping or cooking accommodations
unless located in a model home.
(4) Festivals. A temporary use permit may be issued for tents or other
temporary structures and related facilities to house and serve public
celebrations, special observances, religious meetings, cultural events
or entertainment programs sponsored by a local civic, religious,
governmental or recognized duly chartered fraternal organization for a
period of no more than fourteen (14) days, unless otherwise approved
by the zoning administrator.
(5) Carnivals, circuses and tent shows. A temporary use permit may be
issued for a carnival, circus or tent show, as defined in section 6-16 of
this Code, for a period that does not exceed fourteen (14) days.
However, the permit may be renewed or extended upon application to
the zoning administrator.
(6) Open air markets. A temporary use permit may be issued for the
operation of open air markets, including outdoor flea markets,
farmer's markets or roadside produce stands, subject to the following
provisions:
a. An outdoor flea market may operate in a C-3 or higher district
and is defined as any place where the owner or operator
thereof allows more than one (1) person to sell merchandise
from outdoor stalls, booths, stands, etc., which are not open
for business on a daily basis. The permit shall be valid for any
continuous six-month period in a calendar year with actual
operations limited to a maximum of seventy-five (75) days
within the period.
b. A farmer's market may operate in a C-3 or higher district and
is defined as any place, with or without permanent buildings
or structures, where fruit, vegetables, produce, handmade
crafts, etc., are sold from more than one (1) produce stand
operated by different persons. The permit shall be valid for
any continuous six-month period in a calendar year with actual
operations limited to a maximum of seventy-five (75) days
within the period.
C. A roadside stand may be located in an A-1 or C-3 or higher
district and is defined as a temporary structure used by one (1)
operator for the sale of farm produce. The permit shall be valid
for no more than six (6) continuous months in a calendar year.
No produce sales shall be made within thirty (30) feet of the
roadway improvement area For a roadside stand operating
more than one (1) month per year, an off-street parking area
shall be provided.
(7) Moveable structures. A temporary use permit may be issued for the
sale of merchandise or services from a motor vehicle, recreational
vehicle, trailer, mobile home or tent on a lot or portions thereof that
are vacant or used for parking, provided the following conditions are
met:
a. Such sales are conducted by the owner or lessee of the
property on which it is conducted.
b. Such sales are temporary and limited to one (1) event
comprising a maximum of two (2) consecutive weeks in any
six-month period;
C. Applicants for sales from moveable structures shall submit a
site plan, including, without limitation, the location, setback
from property line, screening, sign and fence locations, if
applicable and electric meter locations or power source;
d. Applicants for sales shall obtain the appropriate sales tax
license and, if applicable, temporary fence permits;
e. Such sales may not be located within any area utilized as the
required parking or loading area for another use or on public
right-of-way;
f. Upon termination of the sale, the lot or parcel shall be returned
substantially to its original condition. All litter, fences,
borders, tie -down materials, and other items associated with
the temporary sale shall be removed within five (5) hours,
Provided, however, a permit shall not be required for mobile
food vendors accessory to permitted uses which operate fol
four (4) hours or less at a given location.
(8) Outdoor Storage Containers. A temporary use permit may be issue(
for the temporary placement of semi -trailers and cargo container;
co Ws i,d Uh,,
used for storage outside of a building in a C-3, C-5 or C-6 district,
subject to the following conditions:
a. The building must have at least 30,000 sq. ft. of interior floor
area.
b. Only one permit for a maximum of 90 days will be allowed
per year.
C. Storage containers cannot be located in a required front yard,
adjacent to customer entrances or residential areas, cannot
displace any required parking spaces and cannot be placed in
fire access lanes or circulation drives.
d. The number of containers to be allowed may not exceed 5%
on indoor square footage (floor area) of the business.
e. Containers must be removed within five days of the expiration
of the 90 day limit.
f. If any conditions of the ordinance are violated, temporary
storage will not be allowed in the next year.
g. If more containers than permitted are needed or the containers
are needed for longer than 90 days, the business shall apply for
a conditional use permit to achieve the needed number of
containers or time extension.
(9). Promotional activities. No permit is required for promotional
activities of retail merchants involving the display only of goods and
merchandise, which are for sale within the principal structure
conducted outside of such structure for a period of no more than two
(2) consecutive weeks in any three-month period; provided, that:
a. No portion of the display shall be on publicly owned property
unless the applicant shall first have obtained approval for such
use from the city;
b. No required off-street parking or loading area will be utilized
for such display, storage or dispensing;
C. No food or drink shall be displayed outside the building except
in accordance with standards and prior written approval of the
health department; and
d. These provisions shall in no way be deemed to authorize the
outdoor display of automobiles, trailers and equipment rental
or the sale of used furniture, appliances, plumbing,
housewares, building materials or similar displays or sales in
any business district except as otherwise permitted by this
chapter.
(10) Garage sales. No permit is required for a garage sale, as defined, in
any residential district which is limited to one (1) event comprising a
maximum of three (3) consecutive days in any six-month period.
Where such sale is conducted on premises exterior to any structure, all
sale items shall be removed from such exterior premises within one
(1) day following the day the sale is concluded.
canwoee�easeo�e
(e) Appeals. Any applicant who is denied a temporary use permit may appeal the
zoning administrator's decision to the board of zoning appeals in accordance
with section 42-597 of these regulations.
Section 2. That the existing sections 42-59 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:
Lieu Ann Nicola, City Clerk
Introduced: March 17, 2003
Passed: April 7, 2003
VOID
Kristin M. Seaton, Mayor