03-10149 Temp Use Permits(Published in the Salina Journal on July -8-1
2003)
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ORDINANCE NUMBER 03-10149
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV, SECTION 42-59
OF THE SALINA CODE PERTAINING TO TEMPORARY USES AND
REPEALING EXISTING SECTION 42-59.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-59 of Chapter 42, Article IV of the Salina Code is hereby
amended to read as follows:
"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.
(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.
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(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
proj ect.
(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 special use permit may be issued by the Planning
Commission for the operation of open air markets, including outdoor flea
markets, farmer's markets or roadside produce stands after the
Commission has held a public hearing in accordance with the procedures
established in Section 42-24 of the Salina Code, 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 a calendar year and may be
renewed administratively on an annual basis by the Zoning
Administrator following initial approval by the Planning
Commission.
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 a calendar year
and may be renewed administratively on an annual basis by the
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Zoning Administrator following initial approval by the Planning
Commission.
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.
d. Application Requirements.
1. Pre -Application Conference. Prior to the acceptance of a
special use permit application, applicants shall participate in
a pre -application conference with the Planning Department
for the purposes of discussing application requirements,
specifics of the site and plans for parking, traffic control,
pedestrian safety, the need for utilities and/restroom
facilities, trash disposal and site clean up.
2. Applications for a special use permit for an open air market
shall be filed with the Planning Department and shall
include the following:
i. A plot plan of the site drawn to an accurate scale and j
showing all pertinent information, including
proposed parking areas. The application material
shall provide sufficient information, as determined
by the zoning administrator, to allow a complete j
review of the proposal. The application material
shall also include sufficient detail to indicate
compliance with all performance standards. Failure
to provide adequate information may result in the
-- rejection of the application.
ii. The name and phone number of the individual
responsible for overseeing the operation of the open
air market and a copy of the lease between the
operator and the owner of the property if applicable.
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iii. A statement indicating the number of vendors that
will be setting up booths, stands or tables at the
market.
iv. A statement describing any temporary structures that
will be erected on the site.
V. A statement describing the provisions made for off-
street parking and pedestrian access to the site.
vi. A statement indicating proposed measures designed
to minimize potentially adverse effects, including
trespassing, on adjacent properties. j
I
e. Conditions.
In granting a special use permit, the Planning Commission may
impose appropriate conditions and safeguards including but not
limited to commencement and termination dates, dates and hours
of operation, improved traffic circulation, pedestrian safety j
requirements, parking requirements, or any other requirements
which the Commission deems appropriate upon a finding that they
are necessary to fulfill the purpose and intent of this chapter.
f. Denial of special use permit.
Any decision to deny a special use permit under this section shall
be made in writing and shall state the specific reasons for the
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denial. Any denial made by the Planning Commission may be
appealed to the Board of City Commissioners. Any denial by the
Board of City Commissioners shall be deemed a final
administrative decision, subject to judicial review and appeal. In
the event that a special use permit application is denied by the
Planning Commission or Board of City Commissioners for a
particular location, no new request for the same or substantially
similar special use permit shall be accepted or processed for that
location during the same calendar year.
g. Protests.
The notification and protest area for special use permit
applications shall be two hundred fifty (250) feet from the
proposed open air market. If a special use permit is approved by
the Planning Commission, affected property owners shall have the
same right to present a protest petition to the Board of City
Commissioners and appeal that decision as property owners in
rezoning cases. The protest procedure shall be as provided in
K.S.A. 12-708 and section 42-26(b) of this chapter.
h. If an operator of an open air market fails to comply with the
conditions upon which a permit was approved by the Planning
Commission, or the Board of City Commissioners, the City
Manager may revoke the special use permit and direct the open air
market to cease operation. Revocation of a special use permit
may be appealed to the Board of City Commissioners.
(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 for four (4) hours or less at a given
location.
(8) 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:
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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.
(9) 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.
(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 Section 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.
[SEA]L]
ATTEST:
Lieu Ann Nicola, City Clerk
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Introduced: June 23, 2003
Passed: July 7, 2003
Alan E. Jilka, or