Loading...
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