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11-10622 C-4 Conditional and Prohibited Uses(Published in the Salina Journal on October,, 2011) (17) Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking. (18) Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set forth in Section 42-553 and provided that such development shall comply with the R-3 ' Multiple -Family District requirements for density and lot size (Section 42-204) in addition to the C-4 bulk regulations; (19) Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set in Section 42-553 and provided that such development shall have aminimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations; (20) Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district; ORDINANCE NUMBER 11-10622, AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, DIVISION 14 BY AMENDING SECTION 42-303 AND 42-303.1 PERTAINING TO CONDITIONAL AND PROHIBITED USES IN THE C-4 DISTRICT AND REPEALING EXISTING SECTIONS a 42-303 AND 42-303.1. w BE IT ORDAINED by the governing body of the city of Salina, Kansas: N a Section L That Sections 42-303 and 42-303.1 of Chapter 42, Article VI, Division 14 of the ' Salina Code are hereby amended as follows: 3 Sec. 42-303. Conditional uses. Conditional uses in the C-4 district are as follows: (1) Amusement arcades, indoor only; (2) Amusement and vending devices, sales and service; (3) Automobile repair; (4) Car washes; (5) Church, chapel, temple, synagogue and shrine; (6) Custom cabinet and woodworking shop; (7) Drinking establishments with less than 30% food sales; (8) Equipment sales, rental and service, except construction -type equipment; (9) Food and/or beverage service on an outdoor patio which is accessory to a restaurant or bar, provided that the patio area may not exceed the size or occupant load of the indoor serving space; ' (10) Group care facility; (11) Group day-care centers, provided that such us shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building codes; (12) Home improvement center; (13) Motorcycle sales, rental and service, provided that all display of vehicles is within a completely enclosed building; (14) Pawnshops; (15) Private clubs; (16) Recycling centers; (17) Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking. (18) Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set forth in Section 42-553 and provided that such development shall comply with the R-3 ' Multiple -Family District requirements for density and lot size (Section 42-204) in addition to the C-4 bulk regulations; (19) Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set in Section 42-553 and provided that such development shall have aminimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations; (20) Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district; "thence N00°30'03"W, along the West line of an existing City of Salina Flood Control Levee and said West line extended, a distance of 49.87 feet to the North line of said Northeast Quarter; Thence S88°55'12"W, along said North section line, a distance of 1122.02 feet to the w point of beginning. New Right of Way contains: 6,445 square feet, more or less a Existing Right of Way contains: 64,277 square feet, more or less Total Right of Way contains: 70,722 square fect, more or less Permanent Drainage Easement: A strip of land located in the Northeast Quarter of Section 31, Township 14 South, Range 2 West of the 6th F.M., Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88'55'1 2"E, along the North line of said Northeast Quarter, a distance of 230.00 feet to the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887; Thence continuing N88'55'1 2"E, along the North line of said Northeast Quarter, a distance of 825.79 feet; Thence SOI'04'48"E a distance of 60.00 feet to a point on the South Right -of -Way line of an existing road Right -of -Way easement; fhence S7702'3713 a distance of 61.85 feet to the point of beginning; Thence N88°55'12"E a distance of 147.29 feet to the West line of an existing easement described in Mi sc. Book 101 page 473; Thence SOI'04'48"E, along said West existing easement line, a distance of 25.00 feet; Thence S4530'40"W a distance of 58.21 feet; fhence S88°55'12"W a distance of 50.00 feet; "fhence N41°18'58"W a distance of 85.15 feet to the point of beginning. Easement contains: 6,94,1 square feet, more or less Temporary Easement: . A strip of land located in the Northeast Quarter of Section 31, Township 14 South, Range 2 West of the 6th P.M., Saline County, Kansas, and being more particularly described as follows: ' Commencing at the Northwest corner of said Northeast Quarter, thence on an assumed bearing N88°55'12" E, along the North line of said Northeast Quarter, a distance of 230.00 feet to the Northeast corner of a Tract described In Deed Book 1003, Page 1886-1887; Thence continuing N88°5512"E, along the North line of said Northeast Quarter, a distance of 598.80 feet; Thence SOI'04'48"E a distance of 60.00 feet to the point of beginning, said point being on the South Right -of -Way line of an existing road Right -of -Way easement; Thence N88°55'12"E, along said South road Right -of -Way easement, a distance of 48.00 feet; (2 1) Teen centers; (22) Testing and research laboratories; (23) Warehouse and wholesale houses." w "Sec. 42-303.1. Prohibited uses. Prohibited uses in the C-4 district are as follows: Nv b ' a (1) Massage parlors; (2) Mini -warehouses; (3) Payday loans companies; Section 2. That the existing Section 42-303 and 42-303.1 are 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 Introduced: October 10, 2011 Passed:O7, 2011 SamanthOjyor [SEAL] [ AdTEST] Lieu Ann Elsey, CMC, Chy Clerk 2