12-10629 Tattoo Parlors and Body Piercing Studios(Published in the Salina Journal on M'y, 2012.)
ORDINANCE NUMBER 12-10629
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, DIVISION 14 BY
AMENDING SECTIONS 42-268, 42-283, 42-318, 42-333, 42-362, AND 42-382 PERTAINING
TO CONDITIONAL AND PERMITTED USES IN THE C-2, C-3, C-5, C-6,1-2, AND I-3
w DISTRICTS AND AMENDING ARTICLE IV, GENERAL USE REGULATIONS BY
AMENDING SECTION 42-60(3) BY ADDING TATTOO PARLORS AND BODY
PIERCING STUDIOS TO THE LIST OF PROHIBITED HOME OCCUPATIONS AND
'o REPEALING THE EXISTING SECTION 42-60(3).
U BE IT ORDAINED by the governing body of the city of Salina, Kansas:
Section 1. That Sections 42-268, 42-283, 42-333, 42-362, 42-382 of Chapter 42, Article Vl,
Division 14 of the Salina Code are hereby amended as follows:
"Sec. 42-268. Conditional uses.
Conditional uses in the C-2 district are as follows:
(1) Hardware stores;
(2) *Package liquor stores;
(3) Research laboratories (limited to medical records, statistical research, etc.);
(4) Restaurants, excluding drive -up window service and drive-in establishments;
(5) Small animal hospitals, providing that such facility is completely enclosed and that no odor
or noise is discernible outside the structure;
(6) Tattoo parlors and body piercing studios;
(7) Taverns;
(8) Telephone exchanges and telephone transmission equipment structures;
(9) All permitted and conditional uses in the R-3 district, provided that they shall be governed
by the requirements of the R-3 district.
Sec. 42-283. Conditional uses.
Conditional uses in the C-3 district are as follows:
(1) Bus stations;
(2) Contractor's offices;
(3) Mini -warehouses;
(4) Multiple -family dwellings provided they shall be governed by the R-3 multiple -family
residential district requirements. Such requirements shall include consideration of density,
yards, off-street parking, lot coverage and all other requirements for multifamily
development as required in the R-3 residential district, except that there shall be one (1)
additional foot of setback for each two (2) feet of height over thirty-five (35) feet;
(5) Multiple -family dwellings for elderly and/or handicapped persons with the following
permitted exceptions to the required bulk and lot size:
a. Minimum lot area: five hundred (500) square feet per dwelling unit.
b. Bulk regulations:
' 1. Maximum structure height: one hundred fifty (150) feet except as provided in
subsection (5)b.2.ii.
2.. Minimum yard requirements:
i. Front yard: thirty (30) feet on all sides abutting a street.
ii. Side yard: fifteen (15) feet except there shall be an additional side yard
setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
iii. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40) percent.
(6) Tattoo parlors and body piercing studios;
(7) Taverns.
See. 42-333. Conditional uses.
Sec. 42-318. Conditional uses.
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Conditional uses in the C-5 district are as follows:
(1)
Amusement parks and skating rinks;
(3) Outdoor theatres;
(2)
Animal hospitals, provided that all pens shall be in an enclosed structure;
(5) Tire repairs shops, recapping, etc.;
(6) Warehouse and wholesale houses.
(3)
Automobile repair;
(4)
Group care facilities;
(5)
Group rehabilitation facilities;
(6)
Hospitals, sanitariums, rest homes and nursing homes;
(7)
Lumber yards;
(8)
Mini -warehouses;
(9)
Multiple family dwellings, provided that:
a. New buildings and additions to existing buildings shall comply with the requirements
of the R-3 district and parking shall be provided in conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the lot size
requirements of the R-3 district (section 42-204) in addition to the bulk regulations in
the C-5 district and parking may be provided at one-half ratio set forth in section 42-
553.
(10)
Multiple family dwellings for elderly and/or handicapped persons provided that:
a. New buildings and additions to existing buildings shall comply with the requirements
of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in
section 42-203 and parking shall be provided in conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the requirements
of the R-3 district, with the exception to lot size regulations permitted in section 42-
203 in addition to the bulk regulations in the C-5 district and parking shall be
provided in conformance with section 42-553.
(11)
Outdoor theatres;
(12)
Tattoo parlors and body piercing studios;
(13)
Taverns;
(14)
Telephone exchanges and telephone transmission equipment structures.
See. 42-333. Conditional uses.
See. 42-362. Permitted uses.
Permitted uses in the 1-2 district are as follows:
(1) Any retail or commercial use, except those listed as conditional uses in the 1-2 or 1-3
districts;
2
Conditional uses in the C-6 district are as follows:
(1) Dog racing tracks;
(2) Horse racing tracks;
(3) Outdoor theatres;
(4) Tattoo parlors and body piercing studios;
(5) Tire repairs shops, recapping, etc.;
(6) Warehouse and wholesale houses.
See. 42-362. Permitted uses.
Permitted uses in the 1-2 district are as follows:
(1) Any retail or commercial use, except those listed as conditional uses in the 1-2 or 1-3
districts;
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(2)
Adding machine manufacture;
(3)
Armories;
(4)
Artificial flower manufacture;
(5)
Automobile assembly;
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(6)
Automobile and truck washes;
(7)
Automobile rental agency;
-
(8)
Automobile repair (no wrecking yard);
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(9)
Bakery, wholesale;
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(10)
Beverage manufacturing and bottling (excluding malts and spirits);
(11)
Bicycle manufacture;
(12)
Blacksmith (no salvage yard);
(13)
Book publishing;
(14)
Boot and shoe manufacture;
(15)
Bottling works;
(16)
Broom manufacture;
(17)
Building materials yard;
(18)
Cabinet maker;
(19)
Candy manufacture;
(20)
Canning and preserving factory;
(21)
Cap and hat manufacture;
(22)
Carpenter shop;
(23)
Carpet cleaning;
(24)
Cleaning and pressing;
(25)
Clock factory;
(26)
Clothing manufacture;
(27)
Coffin manufacture;
(28)
Cold storage warehouse;
(29)
Commission house;
(30)
Concrete burial vault company;
(31)
Condensed milk manufacture;
(32)
Contractor's storage yard and offices;
(33)
Cosmetic manufacture;
(34)
Creamery, wholesale;
(35)
Dairy, wholesale;
(36)
Dental laboratory;
(37)
Drug manufacture;
(38)
Dry cleaning establishment;
(39)
Drygoods, wholesale;
(40)
Dyeing and cleaning;
(41)
Electrical repair;
(42)
Electrical sign manufacture;
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(43)
Enameling and painting;
(44)
Engraving plant;
(45)
Envelope manufacture;
(46)
Express storage and delivery station;
(47)
Feed and seed stores;
(48)
Feed manufacturer;
(49)
Feed, wholesale;
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(50) Flour and grain storage and elevators;
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(51)
Food products manufacture;
(52)
Frozen food lockers;
(53)
Fruit and vegetable drying;
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(54)
Fur warehouse;
(55)
Furniture warehouse/storage;
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(56)
Garage, repair;
(57)
Garment factory;
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(58)
Greenhouses, retail and wholesale;
(59)
Grocery store, wholesale;
(60)
Gymnasium equipment manufacture;
(61)
Hangars with repair facilities;
(62)
Hat cleaning;
(63)
Hatchery;
(64)
Hay, grain, feed, wholesale;
(65)
Ice cream manufacture;
(66)
Ice manufacture;
(67)
Jewelry manufacture;
(68)
Knit goods manufacture;
(69)
Laboratories;
(70)
Laundry;
(71)
Limb (artificial) manufacture; (prosthesis manufacture);
(72)
Lime and cement warehouse;
(73)
Looseleaf book manufacture;
(74)
Lumber yard;
(75)
Macaroni manufacture;
(76)
Machinery and implement sales, rental, storage and repair;
(77)
Mattress manufacture;
(78)
Medicine manufacture;
(79)
Metal fabrication and assembly;
(80)
Milk bottling plant;
(81)
Milk depot, wholesale;
(82)
Millinery making;
(83)
Mineral distillation and bottling;
(84)
Mini -warehouses;
(85)
Mobile home sales and service;
(86)
Motorcycle repair;
(87)
Moving company, with storage facilities;
(88)
Newspaper offices and printing;
(89)
Office building on same site as industry (factory);
(90)
Office equipment and supply manufacture;
(91)
Optical goods manufacture;
(92)
Organ manufacture;
(93)
Overalls manufacture;
(94)
Paper products manufacture;
(95)
Pencil factory;
(96)
Perfumery;
(97)
Pest control and exterminators;
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(98) Pharmaceutical products manufacture;
(128) Tailor shop;
(129) Tattoo parlors and body piercing studios, provided that all facilities used for tattooing
and body piercing shall be located at least two hundred (200) feet from a church, school,
day care center, park or residential zoning district;
(99)
Phonograph manufacture;
(100)
Photo engraving company;
(101)
Piano manufacture;
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(102)
Plumbing shop;
(103)
Popcorn factory;
(104)
Printing plants;
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(105)
Produce warehouse;
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(106)
Public utility plants and services, including substations;
(107)
Publishing company;
(108)
Pump station;
(109)
Radio manufacture;
(110)
Recycling center; .
(111)
Refrigerator manufacture;
(112)
Refuse service;
(113)
Relay station (radio, television, etc.);
(114)
Research facilities;
(115)
Rug cleaning;
(116)
Saddle manufacture;
(117)
Screw and bolt manufacture;
(118)
Seed company (processing);
(119)
Sheet metal shop;
(120)
Shirt factory;
(121)
Sign painting;
(122)
Small animal hospitals;
(123)
Soap manufacture;
(124)
Soda water manufacture;
(125)
Sporting goods manufacture;
(126)
Stair manufacture;
(127)
Storage warehouse;
(128) Tailor shop;
(129) Tattoo parlors and body piercing studios, provided that all facilities used for tattooing
and body piercing shall be located at least two hundred (200) feet from a church, school,
day care center, park or residential zoning district;
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(130)
Taxicab storage, repair;
(131)
Tea and spice packing;
(132)
Television aerials (classed with building to which attached);
(133)
Television manufacture;
(134)
Television sending or relay towers;
(135)
Textile manufacture;
(136)
Thermometer or thermostat manufacture;
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(137)
Tin products, wholesale;
(138)
Tinsmith shop;
(139)
Tire repair shop, recapping, etc.;
(140)
Transfer company, baggage storage;
(141)
Truck sales, rental and service;
(142)
Truck terminals;
(143)
Trunk manufacture;
(144)
Upholstery manufacture;
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(145) Vulcanizing shop (rubber);
(146) Wallpaper manufacture;
(147) Warehouse;
(148) Washing machine manufacture;
(149) Watch manufacture;
(150) Water company appurtenances;
(151) Waterproofing treatment and manufacture;
(152) Welding shop (no salvage);
(153) Wholesale houses;
(154) Wholesale produce storage and market;
(155) Window shade manufacture;
(156) Wire brush manufacture;
(157) Wood products manufacture;
(158) Woodworking shops;
(159) Worsted goods manufacture;
(160) Wrecker service (no impound yard but wrecking yard);
(161) Woven goods manufacture;
(162) Accessory and temporary uses, as permitted by article IV of this chapter;
(163) Signs, as permitted by article X of this chapter;
(164) Off-street parking and loading, as required by article XI of this chapter;
(165) Any other similar industrial use, provided that it complies with the limitations in section
42-366.
See. 42-382. Permitted uses.
Permitted uses in the 1-3 district are as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
Any retail or commercial use except those listed as conditional in section 42-383;
All permitted uses in the I-2 district except those listed as conditional in section 42-383;
Airplane repair and manufacture;
Automobile manufacturing;
Bag cleaning;
Bank equipment manufacture;
Barrel manufacture;
Beet sugar manufacture;
Beverage manufacture and bottling;
Bleaching powder manufacture;
Blooming mill;
Blueing manufacture;
Boat manufacture;
Box manufacture;
Brass foundry;
Brewery;
Brick yard and kiln;
Bronze manufacture;
Brush manufacture;
Can manufacture;
Candle manufacture;
Car manufacture;
on
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(23)
Car wheel foundry;
(24)
Cast iron pipe manufacture;
(25)
Casting foundry;
(26)
Celluloid manufacture;
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(27)
Chalk manufacture;
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(28)
Charcoal manufacture and pulverizing;
(29)
Cheese manufacture;
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(30)
Chocolate and cocoa products;
(31)
Cider and vinegar manufacture;
(32)
Clay products;
(33)
Coal yards;
(34)
Coffee roasting;
(35)
Concrete batching or "ready mixed" plant;
(36)
Concrete products company;
(37)
Copper manufacture;
(38)
Cotton yarn manufacture;
(39)
Culvert pipe manufacture;
(40)
Electrical supply manufacture;
(41)
Elevator manufacture;
(42)
Emery cloth manufacture;
(43)
Engine manufacture;
(44)
Excelsior manufacture;
(45)
Fire brick manufacture;
(46)
Fire clay products manufacture;
(47)
Flour and grain milling;
(48)
Foundry;
(49)
Fuel storage and distribution;
(50)
Furnace manufacture;
(51)
Furniture manufacture;
(52)
Glass manufacture;
(53)
Hair products factory;
(54)
Hardware manufacture;
(55)
Heating supplies and appliances manufacture;
(56)
Hosiery mill;
(57)
Iron (ornamental) works;
(58)
Lath manufacture;
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(59)
Laundry machinery manufacture;
(60)
Leather and leather goods manufacture;
(61)
Light and power manufacture;
(62)
Linen goods manufacture;
(63)
Linoleum manufacture;
(64)
Lubricating machinery manufacture;
(65)
Lumber mill;
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(66)
Machine shop;
(67)
Machinery manufacture;
(68)
Mailbox manufacture;
(69)
Malt products manufacture;
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(70)
Meat cutter and coffee grinder manufacture;
(71)
Meat packing plant;
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(72)
Metal polish manufacture;
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(73)
Metal weather-stripping manufacture;
(74)
Milling company;
(75)
Mini -warehouses;
(76)
Monument works;
(77)
Motorcycle manufacture;
(78)
Nail manufacture;
(79)
Needle manufacture;
(80)
Oilcloth manufacture;
(81)
Packing (meat, poultry) plant;
(82)
Pattern shop;
(83)
Pipe (concrete) manufacture;
(84)
Pipe (metal) manufacture;
(85)
Planning mill;
(86)
Plaster of paris manufacture;
'
(87)
Plating works;
(88)
Poultry food manufacture;
(89)
Printing ink manufacture;
(90)
Quilt manufacture;
(91)
Radiator (heating) manufacture;
(92)
Rivet manufacture;
(93)
Rope manufacture;
(94)
Rubber cement manufacture;
(95)
Rubber manufacture;
(96)
Rug manufacture;
(97)
Salt manufacture;
(98)
Sand and gravel storage yard;
(99)
Sand paper manufacture;
(100)
Sausage or sausage casing manufacture;
(101)
Sawmill;
(102)
Sewer pipe manufacture;
(103)
Shingle manufacture;
(104)
Shoe manufacture;
(105)
Shovel manufacture;
(106)
Starch manufacture;
(107)
Soybean oil manufacture;
(108)
Stone cutting and screening;
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(109) Stove and range manufacture;
(110) Sweeping compound manufacture;
(111) Syrup and preserve manufacture;
(112) Tack manufacture;
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(113) Tattoo parlors and body piercing studios, provided that all facilities used for tattooing
and body piercing shall be located at least two hundred (200) feet from a church, school,
day care center, park or residential zoning district;
' g (114) Terra cotta manufacture;
(115) Tile manufacture;
(116)
Tin foil manufacture;
(117)
Tin products manufacture;
(118)
Tire manufacture;
(119)
Tool manufacture;
(120)
Vinegar manufacture;
(121) Washing powder manufacture;
(122) Washing soda manufacture;
(123) Waste paper products manufacture;
(124) Wire manufacture;
(125) Wood preserving treatment manufacture;
(126) Accessory and temporary uses, as permitted by article IV of this chapter;
(127) Signs, as permitted by article X of this chapter;
' (128) Off-street parking and loading, as required by article XI of this chapter."
Section 2. That Section 42-60 of Chapter 42, Article IV of the Salina Code is hereby amended
as follows:
premises;
g. No stock in trade (except articles produced by members of the immediate family)
shall be displayed or sold on the premises;
h. No exterior sign or display shall be permitted, except that one non -illuminated wall
sign not more than two (2) square feet in sign area may be used to advertise the home
occupation;
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"Sec. 42-60. Home occupations.
A home occupation may be a permitted accessory us in all residential districts if the following
conditions are met:
(1) Reslriclions and limilalions.
a. The home occupation shall be conducted entirely within the principal residential
building, except as provided by this chapter, and such use must be clearly incidental
and secondary to the residential use of the building;
b. No more than twenty-five (25) percent of the gross floor area of a dwelling unit shall
be devoted to the home occupation, provided however, that rooms let to roomers are
not subject to this limitation;
c. No alteration of the principal residential building shall be made that changes the
character of that building as a residence;
d. No display of storage of equipment or material outside of a building or structure shall
be permitted;
e. No mechanical or electrical equipment other than normal domestic or household
equipment shall be used and the home business must not involve the use of hazardous
chemicals or flammable liquids;
f. The home business must be operated by a resideht of the dwelling, employees or
other assistance shall be limited to immediate members of the family residing on the
premises;
g. No stock in trade (except articles produced by members of the immediate family)
shall be displayed or sold on the premises;
h. No exterior sign or display shall be permitted, except that one non -illuminated wall
sign not more than two (2) square feet in sign area may be used to advertise the home
occupation;
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i. The home occupation shall not project any obnoxious noise, smoke, dust, odor or
glare so as to create a nuisance or adverse condition upon adjoining properties or
g. Retail sales such as antiques, secondhand merchandise, salesman's samples, etc;
h. Stables, kennels and animal hospitals;
i. Tattoo parlors and body piercing studios.
(4) Special provisions. A home occupation certificate may be issued by the Board of Zoi
Appeals for the following uses, if the Board of Zoning Appeals finds that the proposed
will not have an adverse effect on neighboring properties;
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dwelling units;
j. The home occupation shall not generate traffic in a volume that would create a need
for parking greater than that which can be accommodated on the premises or which is
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inconsistent with the normal parking usage of the district;
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k. A home occupation conducted in a garage or accessory building shall not be in
operation earlier than 7:30 a.m. or later than 10:00 p.m.
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I. The operator of a home business must obtain a home occupation certificate from the
Zoning Administrator. The certificate is not transferable, it may not be transferred to
a different occupant or to a new location.
(2) Particular home occupations permitted. Permitted home occupations include, but are not
limited to, the following list of home occupations, provided, however, that each listed
occupation is subject to the restrictions and limitations above:
a. Home teaching or instruction, including music and dance, provided no more than
three (3) students are taught at any one time and no more than twelve (12) students
per day;
b. Day care homes for children, when property registered with the Salina -Saline County
Health Department, provided such homes shall have all yard areas enclosed that are
devoted to such use;
C. Artists, sculptors, authors, composers, photographers;
d. Barber and beauty shops, provided that only one chair and operator shall be
permitted;
e. Dressmaker, seamstress, tailor;
f Minister, rabbi, priest;
g. Office facility for realtors, insurance agents, brokers, sales representatives when no
exchange of tangible goods is made on the premises;
h. Professional offices for physician, dentist, lawyer, architect, engineer, accountant,
bookkeeper or other similar profession;
i. Home crafts, baking, food preparation, provided that no machinery or equipment shall
be used or employed other than that which would customarily be found in the home,
including machinery or equipment that would customarily be employed in connection
with a hobby or avocation not conducted for gain or profit.
j. Repair of items such as small appliances, personal electronic goods such as radios,
televisions and stereos, furniture and hunting and fishing gear provided that the use
fully conforms with the performance requirements for home occupations;
k. Hobby breeders, provided that no more than ten (10) dogs are kept on a zoning lot
and that the provisions of Section 7-102 have been complied with.
(3) Particular home occupations prohibited:
a. Automobile and other motor vehicle repair and painting services; except for
automobile window tinting which is permitted under the provisions of Section 42-60
(4) d.
b. Funeral homes;
C. Medical or dental clinics;
d. Preschools and group day care centers, unless specifically permitted by the district
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regulations;
e. Rental of trailers, cars or other equipment;
f. Restaurants;
g. Retail sales such as antiques, secondhand merchandise, salesman's samples, etc;
h. Stables, kennels and animal hospitals;
i. Tattoo parlors and body piercing studios.
(4) Special provisions. A home occupation certificate may be issued by the Board of Zoi
Appeals for the following uses, if the Board of Zoning Appeals finds that the proposed
will not have an adverse effect on neighboring properties;
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a. Any of the uses listed in subsection (2) above may be conducted in a detached garage
or accessory building if the Board of Zoning Appeals finds that the proposed use will
conform with the performance requirements for in-home home occupations:
b. Bed and breakfasts, provided the dwelling has no more than six (6) guest rooms and
no meeting rooms or convention facilities, and provided that at least one(1) parking
w space for every two (2) rooms can be accommodated on site:
C. Small engine repair, including lawn mowers, provided that repair activity is
conducted within a structure.
' d. Automobile window tinting, provided that there shall be no outdoor storage of
materials and/or supplies including vehicles or equipment used in the conduct of the
business.
Section 3. That the existing Sections 42-268, 42-283, 42-333, 42-362, 42-382, and 42-60 are
hereby repealed.
Section 4. 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, 2012
Passed:"gell,
2012
Samanthar
[SEAL]
[EST]
Lieu Ann Elsey, CMC, ity Clerk
C