Proposed Zoning Ordinance 1975 A4
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PROPOSED ZONING ORDINANCE
SALINA, KANSAS
APPROVED FOR PUBLIC HEARING
. JULY 15, 1975 .
REVISIONS THROUGH: 6/22/76
Prepared by
OBLINGER-SMITH CORPORATION
Consultants in Planning, Design and Development
APPROVED FOR ADOPTION BY THE .
SALINA CITY PLANNING COMMISSION - November 18, 1975
Amended - January 6, 1976
Amended - June 22, 1976
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\. , TABLE OF CONTENTS
PAGE
ARTICLE I : GENERAL PROVISIONS
1.1 Title 1
1.2 Intent and Purpose 1
1.3 Scope of Controls 2
1.3-1 Territorial Application 2
1.3-2 Existing Permits 2
1.3-3 Certificate of Occupancy 2
1.3-4 New Construction, Reconstruction or Change
in Use 2
1.3-5 Annexed Land 3
1.3-6 Subdividing Required Prior to Zoning 3
ARTICLE II : AMENDMENTS
2.1 Authority 4
2.2 Initiation of Amendments 4 .
2.3 Form of Application for Amendment 4
2.4 Public Hearing .5
2.5 Findings of Fact and Recommendation of
Planning Commission 6
2.5-1 Amendments to Text 6
2.5-2 Amendments to change Zoning Districts 6
2.6 Action by City Governing Body 7
ARTICLE III : DISTRICTS, MAPS AND BOUNDARIES
3.1 Establishment of Districts 8
3.2 Zoning Map 8
. 3.3 District Boundaries on Zoning Map 8
ARTICLE IV: GENERAL USE REGULATIONS
4.1 Permitted Uses 10
4.2 Conditional Uses 10
4.3 Accessory Uses 10
4.4 Temporary Uses 11
4.5 Home Occupations 12
4.6 Number of Structures and Uses on the Zoning
Lot and Access to the Lot 14
4.7 Sewer and Water Facilities 15
4.8 Planned Development Districts 16
4.8-1 Purpose 16
4.8-2 General Provisions . . 16
4.8-3 Standards and Criteria for Planned
Developments 17
4.8-4 Procedure for Securing Approval of a
Planned Development and the Establishment
of a Planned Development District 21
4.8-5 Status of Prelimenary Development Plan
After Approval 24
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4.8-6 Application for Approval of Final
Development Plan 25
4.8-7 Amendments 27
4.8-8 Recording
4.9 Flood Plain Zoning District 29
ARTICLE V: GENERAL BULK REGULATIONS
5.1 Bulk Requirements 37
5.2 Yard Requirements for Open Land 37
5.3 Restrictions on Allocation and Disposition
of Required Yards or Open Space 37
5.4 Permitted Obstructions in Required Yards 38
5.5 Lot Size Requirements and Bulk Regulations
for Public Utility Facilities 38
5.6 Obstructing Visibility at Intersections 39
ARTICLE VI : DISTRICT REGULATIONS
6.1 A-1 Agriculture District 41
6.2 RS Single-Family Residential Suburban District 44
" 6.3 R Single-Family Residential District 45
6.4 R-1 Single-Family Residential District 47
6.5 R-2 Multiple-Family Residential District ' 49
6.6 R-3 Multiple-Family Residential District 51
6.7 MH Mobile Home Park District 54
6.8 U University District 58
6.9 C-1 Restricted Business District 60
6.10 C-2 Neighborhood Shopping District 63
6.11 C-3 Shopping Center District 65
_ 6.12 C-4 Central Business District 68
6.13 C-5 Service Commercial District 71
6.14 C-6 Heavy Commercial District 74
6.15 I-1 Industrial Park District 78
6.16 I-2 Light Industrial District 83
.6.17 I-3 Heavy Industrial District 88
ARTICLE VII : SIGNS 92
7.1 Signs Permits (Zoning Certificate) 95
7.2 Classification of Signs
7.3 District Regulations 96
7.3-1 A-1 Agriculture District 96
7.3-2 RS, R, R-1, R-2, R-3, and MH Residential
Districts and U University District 97
7.3-3 C-1 Restricted Business District 98
7.3-4 C-2 Neighborhood Shopping District 98
7.3-5 C-3 and C-4 Business District 99
7.3-6 C-5 and C-6 Commercial Districts 99
7.3-7 I-1 Industrial Park District 100
7.3-8 I-2 and I-3 Industrial Districts 100
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ARTICLE VIII : OFF-STREET PARKING AND LOADING
8.1 Off-Street Parking 102
8.2 Off-Street Loading 107
ARTICLE IX: NONCONFORMING USES, BULK AND SIGNS 110
9.1 Applicability
9.2 Nonconforming Lots of Record 110
9.3 Nonconforming Structures 111
9.4 Nonconforming Uses 112
9.5 Status of Conditional Uses 115
9.6 Nonconforming Signs 115
ARTICLE X: . ADMINISTRATIVE PROVISIONS 117
10.1 Enforcement 117
10.1-1 Enforcement Officer .
10.1-2 Zoning Certificates and Certificates
of Occupancy Granted Only in Conformance 117
with Regulations
10.1-3 Zoning Certificate 118
10.1-4 Occupancy Certificate 119
10.2 Board of Zoning Appeals - 119
10.3 Fees 122
10.4 Violations and Penalties 122
10.5 Interpretation , Conflict and Separability 122
10.6 Savings Provision 123
10.7 Reservations and Repeals
ARTICLE XI : DEFINITIONS 124
11.1 Usage 124
11.2 Definitions
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ARTICLE I : GENERAL PROVISIONS
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1 .1 Title. This ordinance, including the zoning district maps made a part
hereof, may be known and cited as the Salina Zoning Ordinance.
1.2 Intent and Purpose. This Salina Zoning Ordinance, adopted pursuant to
the provisions of the Kansas Statutes Annotated, Sections 12-707 through
12-721 , are intended to serve the following purposes:
(a) to protect and promote the public health, safety, conveni-
ence, comfort and general welfare of the City.
(b) to regulate and restrict the location and use of buildings
and the uses of land within each district or zone and to
regulate and restrict the height, number of stories and size
of buildings, the percentage of lots that may be occupied by
buildings and other structures, the size of yards, courts,
and other open spaces , and the density of population;
(c) to guide the future growth and development of the City in
accordance with the Comprehensive Plan adopted by the
Planning Commission;
(d) to protect and conserve the value of land throughout the City
and the value of buildings appropriate to the various
districts established by these Regulations;
(e) to provide adequate light, air and privacy, to secure safety
from fire, flood and other danger, and to prevent overcrowd-
ing and undue congestion of land and population;
(f) to bring about the gradual conformity of the uses of land and
buildings throughout the City through the comprehensive zoning
plan set forth in this Ordinance, and to minimize the
conflicts among the uses of land and buildings;
(g) to promote the most beneficial relation between the uses of
land and buildings and the circulation of traffic throughout
the City;
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(h) to provide a guide for public policy and action in the effi-
cient provision of public facilities and services and for
private enterprise in building development, investment and
other economic activity relating to uses of land and
buildings throughout the City; and
(i) to prevent pollution, encourage the wise use and sound manage-
ment of natural resources , promote aesthetic values and pre-
serve the historical character of the City.
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1 .3 Scope of Controls.
1 .3-1 Territorial Application. This Ordinance shall apply to all
structures and land in the City of Salina, but the Planning
Commission may waive all requirements of this Ordinance for
the following uses when appropriate:
A. Poles, wires, cables, conduits , vaults , laterals, pipes,
mains, valves or other similar equipment for the distribu-
tion to consumers of telephones or other communications,
electricity, gas or water, or the collection of sewage
or surface water operated or maintained by public utility,
but not including substations located on or above the surface
of the ground.
B. Railroad tracks, signals, bridges and similar facilities
on a railroad right-of-way, and maintenance and repair
work on such facilities and equipment. . This provision
shall not include any facilities and equipment listed as a
permitted use in the I-3 Heavy Industrial District.
C. Agricultural structures or land used for agriculture. In
the event that any structure or land ceases to be used only
for agriculture, then such structure or land shall be subject
to all applicable Regulations.
1 .3-2 Existing Permits. This Ordinance is not intended to abrogate or
annul any building permit, zoning certificate, variance, con-
ditional use permit or certificate of occupancy lawfully issued
before the effective date of this Ordinance, except as follows:
if this Ordinance makes the proposed use under such permit,
variance or certificate non-conforming as to use or bulk, and
there has been no substantial change of position, expenditure,
construction or operation, or incurrence of substantial obliga-
tions by the permit, certificate or variance holder in reliance
on such permit, certificate or variance within 120 days after
the effective date of this Ordinance, the building permit, zoning
certificate, conditional use permit, or variance will be invalid.
If substantial construction or substantial operations have taken
place and are continuing at the time, the proposed use may be
completed.
1 .3-3 Certificate of Occupancy. When a structure is completed under
a permit or certificate to which Section 1 .3 applies , a certifi-
cate of occupancy shall be issued in accordance with the zoning
regulations in effect at the time the building permit or zoning
certificate was issued.
1 .3-4 New Construction, Reconstruction or Change in Use. All new con-
struction or alteration of a building or structure, every change
in bulk, all new uses of buildings or land, and every change,
enlargement or relocation of use, shall conform to this Ordinance.
Existing non-conforming uses and bulk may continue, subject to
the provisions of Article IX.
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1 .3-5 Annexed Land. All land which may hereafter be annexed to the
City of Salina shall , from and after the effective date of
such annexation, be considered to be subject to the zoning
regulations of the RS district unless zoned otherwised at the
time of annexation or until such time as the land may legally
be rezoned.
1 .3-6 Subdividing Required Prior to Zoning. Land shall be subdivided
' in accordance with the Subdivision Regulations of the City of
Salina prior to rezoning any area to any district other than
the A-1 District. The zoning request shall be tentatively
approved, subject to proper subdividing for a period not to
exceed one (1 ) year. The Planning Commission may grant one
extension not exceeding six (6) months, upon written application.
In the event that proper subdivising is not completed within
the specified time, the Planning Commission shall recommend
appropriate action to the Governing Body.
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ARTICLE II : AMENDMENTS
2.1 Authority: For the purpose of promoting the public health, safety and
welfare, conserving the value of property throughout the City, and "
. lessening or avoiding congestion in the public streets, the Governing
Body of the City of Sauna may, trcim time to ,time, in the manner here- .
inafter set forth, amend this Ordinance the district boundary lines
and the zoning map, provided that in all amendatory ordinances adopted
..under the authority ,of this Section, due allowance shall be made for
existing ;condi tions, .`.the..conservation of property values, and the uses
to which property is devoted at the time of adoption of such amendatory
ordinance.:
2.2 Initiation` of Amendments. Proposals for amendment may be initiated Hp
'by the Governing Body of. the City, the Planning Commission, or upon
application of the owner of the property. affected pursuant to the pro
cedure set forth in.Section 2.3.
2.3 Form of Application for. Amendment:'
.or the Planning Commission
2.3-1 When the City Government(proposes an amendment, it shall .trans
mit its proposal , including the information prescribed in Sec-
tion 2.3-2B and C below, to the Planning Commission for a
public hearing and a report thereon.
2.3-2 When the owner of the property affected proposes an amendment .
to these Regulations or to any zoning district created thereby,
an application for such amendment, addressed to the City Governing
Body, shall be filed in duplicate with the Planning Commission.
Theapplication shall be in such form and contain such informa-
tion as shall be prescribed from time to time by the. Planning •
Commission, but shall in all instances' contain the following
information
A.: The applicant's name and address,
B. The precise wording of any proposed amendment to the text
of this Ordinance;
C. If affecting. a change in the zoning map,
(1) the legal description and street address of the property
proposed to be reclassified;,
(2) the name and address of the owner or owners of said
property,
(3) the present zoning classification and existing uses of
the property proposed to be reclassified,
(4) the area of the property proposed to be reclassified,
and
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(5) an ownership list certified by a registered abstracter
of the owners of all property located within 200 feet
of the boundaries of the property to be affected by the
proposed amendment..
D. Such application shall be accompanied by a fee pursuant to
the City Fee Schedule, which may be changed from time to
time
2.4, Public Hearing. The Planning Commission shall hold a public hearing on .
each proposed amendment at .a reasonable time and place as established �.
by the Planning Commission. . It shall hold such hearing within •cixty e{y- due(4s
+603 days from the date on which the proposed mnatitt is, referred to,
filed with, or initiated by the Planning Commission. An applicant for
an amendment may waive the requirement that such hearing be held within
k44y-fiut44s_) sixty (60) days:
2.4-1 Notice of Hearinj. The Planning Commission shall hold at least
one public hearing on the proposed amendment, twenty (20) days
notice of the time and place of which shall be published in the
official City newspaper stating the date. time and place of the
hearing and containing a statement regarding the proposed amend-
ment. If the proposed amendment would change the zoning classi-
fication of any property, or the boundaries of any zoning dis-
trict, such notice shall contain the legal description and street
address or general street location of such property, its present
zoning classification, and the proposed classification. In such
case, the Planning Commission shall mail a written notice of the
public. hearing thereon, containing the same information as the
published notice thereof, to the owner or owners of the property
affected, and to the owners of all property within 200 feet of
the boundaries thereof, at least 20 days prior to the date of
the hearing. The Planning Commission may give such additional.
notice to other persons as it may from time to time provide by t
its rules.
2.4-2 Conduct of Hearing. The hearing shall be conducted and a record
of the proceedings shall be preserved in such a manner and• ac-
cording to such procedures as the Planning Commission may from
time to time prescribe by rule. Any interested person or party
may appear and be heard at the hearing in person, by agent or
by attorney. The Planning Commission may request a report on
any proposed amendment from any governmental official or agency,
or any other person, firm or corporation. If such a report is
made, a. copy thereof shall be made available to the applicant .
and any 'other interested person in the offices of the Planning .
Commission. .
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( 2.5 Findings of Fact and Recommendation of Planning Commission. Within •
1 forty `40) days after the close of a public hearing on a proposed
amendment, the Planning Commission shall submit a report to the City
Governing Body. A copy of the report shall be filed with the City
Clerk and with the office of the Zoning Administrator and such copies .
shall be kept available for public inspection. A copy of the report
shall also be mailed to the owner of the specific property affected
by the proposed amendment. . Such report shall contain findings based
:upon the evidence presented and a recommendation as to whether the .
. proposed amendment should be adopted. The: report .submitted to the
- City Governing Body shall be accompanied by a copy of the record of
the hearing on the proposed amendment.
2 5-1 Amendments to Text: When a proposed amendment would result in
a change in the text of this Ordinance but would not result
in a change_of zoning classification of any specific property,
the report to the Planning Commission shall contain a statement ''!
'as to .the.nature andeffect of such proposed amendment and find-
'ings as to' the following:
A Whether such change is-consistent with the interest and pur-
pose of this Ordinance. " -
B. The areas which are most likely to be directly affected by
such change and in what way. they will be affected; and
C .;Whether the proposed amendment is made necessary because .
of .changed or changing conditions the the areas and zoning
districts affected, and, if so, the nature of such changed
.. or changing conditions.
S:2',572 Amendments to Change Zoning Districts. When a .proposed amend-
I
ment would result in a change of the zoning classification of
any ,specific .property, the report of the Planning Commission
.:.shall Contain statements as to the present classification, the
classification under the proposed amendment, and. the reason for
seeking such reclassification, and findings as to the following:•
A. Whether the change in classification would be consistent ;
with the .intent and purpose of this Ordinance .
B. ".Whether every use that would be permitted .on the property
• if' it were reclassified would be compatible with the uses
. . , permitted -on other property in the immediate vicinity;
C Whether adequate. sewer and water facilities , and all other
needed public services, exist or can be provided to serve
: the uses that would be permitted on the property if it were
reclassified;
D. - Whether the proposed amendment would correct .an error in the'
application of this Ordinance ; and .
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E. Whether the proposed amendment is made necessary because
of changed or changing conditions in the area affected, and ,
if so, the nature of such changed or changing conditions. �,"
•2.6 Action by City Governing Body.
2.6-1 " Adoption of Amendments. The City.Governinn Body shall not act •
upon a proposed amendment to this Ordinance until it shall
have received a written report and recommendation from the Plan-
ning Commission: If a proposed amendment is not acted upon •finally by the City Governing Body within 120 days of the date �'i "
upon which the Planning Commission report is received, such
proposed amendment shall be .deemed to have been denied, unless I�
the applicant for such amendment shall have consented to an ex Cf:,.
tension of such period of time. . Whenever a proposed amendment "..
has been denied, such amendment shall not thereafter be passed II
without a further public hearing and notice thereof as provided
in 'Section 2.4:
2.6-2 Protest:. If a written protest against a proposed amendment
shall be filed in the office of the City Clerk within 14 days
after the.date. of the conclusion of the hearing on the proposed
amendment pursuant to the published notice , which protest is duly _ .
signed and acknowledged by the owners of twenty percent (20%) or
Cmore of any property proposed to be rezoned, or by the owners
of twenty percent (20%) or more of the total area, excepting
public streets and ways, located within or without the corpor-
ate limits of. the City and within 200 feet of the boundaries
of the property proposed to be rezoned, then such amendment
shall not be passed except by at least three-fourths (3/4) vote
of all the members of the City Governing Body.
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ARTICLE III : DISTRICTS, MAPS AND BOUNDARIES
3.1 Establishment of Districts . The City of Salina is hereby divided into
the following districts, the respective symbol for each type of
district being set forth opposite its title:
SYMBOL TITLE
A-1 Agricultural District
RS Single-Family Residential Suburban
District ;I
R Single-Family Residential District
R-1 Single-Family Residential District
R-2 Multi-Family Residential District
R-3 Multi-Family Residential District
MH Mobile Home Park District
U University District '
C-1 Restricted Business District
C-2 Neighborhood Shopping District
C-3 Shopping Center District
C-4 Central Business District
C-5 Service Commercial District
C-6 Heavy Commercial District
I-1 Industrial Park District
I-2 '" Light Industrial District
1-3 Heavy Industrial District
From time to time, Planned Development Districts (PDD) and Flood Plain
. Districts (FP) may be established pursuant to Sections 4.8 and 4.9
' respectively of this Ordinance. Each such district may be designated on
the Zoning Map and in the text of this Ordinance by symbol only.
3.2 Zoning Map. The areas and boundaries of such districts are hereby ,
established on the Zoning Maps of the City of Salina, a copy of which
is on file in the office of the Zoning Administrator. Such maps,
referred to herein as the "Zoning Map," together with everything shown
thereon, is hereby made a part of this Ordinance.
3.2-1 Area Covered. It is the intent of this Ordinance that the
entire area of the City, including all land and water areas,
streets, alleys, railroads and other rights-of-way be
included in the districts established herein. Any area not
shown on the Zoning Map as being included in any district t
shall be deemed to be in the R-1 Single-Family Dwelling District.
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3.3 District Boundaries on Zoning Map. In the event that uncertainties exist
With respect to the intended boundaries of the various districts as
shown on the Zoning Map, the following rules shall apply:
A. District boundaries are the center lines of streets, alleys or i,
other rights-of-way, unless otherwise indicated. k
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B. Where district boundaries do not coincide with streets, alleys or
other rights-of-way, but do coincide with lot lines, such lot lines
shall be construed to be the boundary of such district.
C. Where district boundaries do not coincide with streets, alleys,
other rights-of-way or lot lines, the district boundaries shall
be determined by use of the scale shown on the Zoning Map.
D. When a lot held in one ownership on the effective date of this
Ordinance is divided by a district boundary line, the entire lot
shall be construed to be within the less restrictive district
unless the application of this construcion would increase the
area of the less restrictive portion of the lot by more than
25 percent.
E. All streets, alleys, public ways , waterways and railroad rights-of-
way, if not otherwise specifically designated, shall be deemed
to be in the same zone as the property immediately abutting them.
Where the centerline of a street, alley, public way, waterway
or railroad right-of-way serves as a district boundary, the zoning
of such areas , unless otherwise specifically designated, shall be
deemed to be the same as that of the abutting property up to such
centerline.
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ARTICLE IV: GENERAL USE REGULATIONS
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4.1 Permitted Uses. No structure shall hereafter be built, moved or
remodeled and no structure or land shall hereafter be used, occupied
or designed for use or occupancy except for a use that is permitted
within the zoning district in which the structure or land is located.
4.2 Conditional Uses. No use of a structure or land that is designated
as a conditional use in any zoning district shall hereafter be
established, and no existing conditional use shall hereafter be �.
changed to another conditional use in such district unless a conditional
use permit is secured in accordance with the provisions of Section
10.5 of this Ordinance.
4.3 Accessory Uses. No accessory use, building or structure shall be located
in any required front, side or rear yard, except as provided in Sections
4.3-1 , 4.3-2, and 4.3-3 and that the following permitted accessory uses
will be allowed in any zoning district in connection with any principal
use which is permitted:
4.3-1 Permitted accessory uses include, but are not limited to, the
following:
A. A structure for storage incidental to a permitted use,
provided no such structure that is accessory to a residential
building shall exceed 120 square feet in gross floor area,
the use shall be in keeping with the principal structure,
and provided that no part of such structure is located in
the front yard setback;
B. A child's playhouse, provided it shall not be more than 120
square feet in gross floor area;
C. A detached garage, provided that no part of such structure is
located in the front yard setback;
D. A private swimming pool and bathouse, provided that no part
of such structure or use is located in the front yard setback;
E. In the RS district only, a guest house (without kitchen
facilities) or rooms for guests in an accessory building,
provided such facilities are used for the occasional housing
of guests of the occupants of the principal building, and not
as rental units , for permanent occupancy as housekeeping units,
and provided that no part of such structure is located in the
front yard setback;
F. Statuary, arbors, trellises , barbecue stoves, flagpoles , fences,
walls and hedges;
G. Fallout shelters, provided that they shall not be used for any
principal or accessory use not permitted in the zoning district,
and provided that no part of such structure is located in the
front yard setback.
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H. Signs, when permitted by Article VII of this Ordinance and
by the individual district regulations;
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I. Off-street parking and loading spaces , as permitted by Article
VIII of this Ordinance;
J. Restaurants, drug stores, gift shops , clubs , lounges and
newstands, when located in a permitted hotel , motel or
office building;
K. Employee restaurants and cafeterias , when located in a per-
mitted business , manufacturing or industrial building; and
L. Outdoor storage or overnight parking, in a residential
district, of boats, boat trailers, or recreational vehicles,
provided such storage does not constitute a traffic or
safety hazard, and buses when associated with a church or
school and parked no closer than 50 feet from any adjacent
residential district.
4.3-2 Bulk Regulations. Accessory structures and uses shall comply
with the bulk regulations applicable in the zoning district in
which they are located, and
A. Shall be set back at least five feet from the rear lot line
when no alley exists and 10 feet when an alley exists;
B. Shall maintain a three-foot side yard, except that no part
of any accessory building shall be located closer than 10
feet to any principal structure, either on the same lot or
an adjacent lot, unless it is attached to, or forms a part
of, such principal structure;
C. Shall , on corner lots , be set back from the side street a
distance not less than that required for the principal
structure; and
D. Fences shall comply with Sections 9-352 and 9-354 of the
Salina Code.
4.3-3 Use Limitations. Accessory structures and uses shall comply -
with the use regulations applicable in the zoning district in
which they are located, but no accessory structure shall be
constructed and occupied on any lot prior to the time of the
completion of the construction of the principal structure to
which it is accessory.
4.4 Temporary Uses. The following temporary uses of land are permitted
subject to the specific regulations and time limits which follow,
and to the other applicable regulations of the district in which the
use is permitted:
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A. Christmas tree sales in any commercial or industrial district for
a period not to exceed 45 days; display of such trees need not com-
. ply with the yard and setback requirements of these Regulations
provided that no tree shall be displayed within 30 feet of the
intersection of the curb line of any two streets;.
B Contractors office and equipment sheds (containing no sleeping or' 1.
cooking accommodations) accessory to a construction project, and
to continue only during the duration of such project;
C. Real estate offices (containing no sleeping or cooking accommoda-
tions) incidental to a new housing development to continue only 1
until the sale or lease of all dwelling units in the development;
O. Seasonal sale of farm produce (including Christmas trees) grown on
the premises in an A-1 or RS district, to continue for not more than.
four months per year; structures incidental to such sale need not
comply with the applicable front yard requirements if the structures
are removed or moved back of the required front yard setback line
at the end of the season during which they are used; and
E Promotional activities of retail merchants involving the display
only of goods and merchandise that are for sale within the princi
pal structure, conducted outside of such structure for a period of
not more than two consecutive weeks in any three-month. period pro-
v.ided
(1) 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;
(2) No required off-street parking or loading area will be utilized
for such display, storage or dispensing;
(3) No food or drink shall be displayed outside the building except
in accordance with standards and prior written approval of. the
Salina-Saline County Health Department; and
(4) 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, house-
wares ' building materials or similar display or sale in any
business district except as otherwise permitted by this
Ordinance.
4.5 Home Occupations.. A profession or other occupation not otherwise per-
mitted in the district where located, which is conducted as an accessory •
use on a residential lot by one or more members of the family residing
on the premises, may be permitted if it conforms to the following re-
strictions: :
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4.5-1 In the Districts Where Permitted.
A. No stock in trade (except articles produced by members of
the immediate family residing on the premises) shall be
displayed or sold on the premises;
B. No alteration of the principal residential building shall
be made which changes the character thereof as a dwelling;
C. No more than 25 percent of the area of one story of a
single-family dwelling, nor more than 20 percent of the
area of any other dwelling unit, shall be devoted to the
home occupation, provided, however, that rooms let to
roomers are not subject to this limitation;
D. No mechanical or electrical equipment other than normal
domestic or household equipment shall be used; .
E. No outdoor storage of equipment or materials used in the
home occupation shall be permitted;
F. No person other than a member of the immediate family
occupying such dwelling unit shall be employed;
G. The home occupation shall be conducted entirely within the
principal residential building;
H. No exterior sign or display, except one non-illuminated
wall sign, not over two square feet in sign area.
4.5-2 Permitted Home Occupations. In particular, home occupations may
include, but are not limited to:
A. Dressmaker, seamstress, tailor;
B. Music and dancing teaching limited to a sisngle pupil at a
time, except for occasional groups;
C. Artists , sculptors, authors , composers , photographers;
D. Ministers, rabbis , priests;
E. Professional office for physician, dentist, lawyer, engineer,
architect, accountant, realtor, or similar use.
F. Office facility for salesman, sales representative,
manufacturer's representative, when no retail , wholesale, or
exchange of goods are made or transacted on the premises.
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G. Home crafts, 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;
H. Day care homes, provided such homes shall have all yard areas
enclosed that are devoted to such use; and
I. Barber and beauty shops provided that only one operator
• shall be permitted.'
4.5-3. Prohibited Home Occupations. Home occupations shall not be deemed 1r
to include
A. Automobile repair:service;
B:: Funeral homes, :'
C. Nursery schools and group day care centers, unless specifi-
cally permitted by the,district regulations,
D. Restaurants; . ' .
E. Stables, kennels or animal hospitals;
F. Tourist homes, unless specifically permitted by district
regulations; : • ,
G. : Renting of trailers, cars or other equipment; and
H. Medical or dental clinics or hospitals
4..6 Number of Structures and Uses on the Zoning Lot and Access to the Lot.
4.6-1 Not more than one principal residential structure shall be to • ,
sated on a single zoning lot, unless permitted by the district
regulations in which located, nor shall a principal ,residential .
building be located on the same zoning lot with any other prin-
cipal building, except as may be permitted by Section 4.8 of
this Ordinance relating to planned development districts.
4.6-2 In agricultural , business or industrial districts , any number of
structures (except residential structures) , and uses may be con-
structed or established on a single zoning lot, but no single
zoning lot shall be smaller than the minimum lot area prescribed
for the district in which it is located.
4.6-3 No land which is located in a residential district shall be used
fora driveway, walkway or access purpose to any land which is
located in any business or industrial district.
•
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4.7 Sewer and Water Facilities. The City-County Health Department shall
approve all proposed sewer and water systems other than those defined
as public.
ji
•
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•
4.8 Planned Development Districts.
4.8-1 Purpose. The application of flexible land use controls to the 1 "
development of land is often difficult or impossible with tradi-
tional zoning district regulations. In order to permit the use
of more flexible land use regulations and to facilitate use of f
the most advantageous techniques of land development, the City.
Governing Body is authorized by the Kansas Statutes Annotated, •
Sections 12-725 through 12-733 (1973 Supp. ) , to establish planned
development districts in which the zoning regulations are in
harmony with the general purpose and intent of this Ordinance.
and with the comprehensive plan of the City, but in which such
regulations differ in one or more respects from the zoning regu-
lations that are applicable in any of the districts that are
established by this Ordinance.
4.8-2 General Provisions.
A. The City Governing Body may by ordinance approve the estab-
lishment of a planned development district on any parcel or
tract of land which is suitable for and of sufficient size
to be planned and developed or redeveloped, as .a planned
unit development and in a manner consistent with the intent
and purpose of this Ordinance and with the comprehensive plan.
B. A planned development district may be established for a resi-
dential planned development or for a general planned develop-.
ment. A development shall be deemed to be a residential
planned development when it is limited to dwelling units in
detached, semi-detached, attached or multi-storied structures ,
or any combination thereof; and nonresidential uses of a
religious, cultural , recreational and business character
that are primarily designed and intended to serve the resi-
dents of the residential planned development. A development.
shall be deemed to be a general planned development when it
contains business and/or industrial structures and uses
exclusively or when it blends residential structures or
dwelling units in a unified plan with business and/or indus-
trial structures and uses.
C. Business and industrial structures and uses in planned de- .
velopment districts shall comply with the limitation of use
standards for any commercial or industrial district in which
any contemplated use is first permitted in this ordinance
and with the off-street parking and loading requirements
contained in Article VIII of this Ordinance.
Q <I
4.8-3 Standard and Criteria for Planned Developments.
A. For All Planned Developments. A development plan that is is
not inconsistent with the Standards set out in this section
or with such general policies or specific rules and regula-
tions for planned development districts as may be adopted
from time to time by the City Governing Body or the Planning
Commission and placed of public record in the Office of the
Zoning Administrator shall prima facie be deemed to have
qualified for preliminary approVao such policies, rules
or regulations shall be revised or added to so as...to be ap-
plicable to a specific proposal for a planned development
after an. application for preliminary approval of a specific
development plan has been filed. A development plan shall
not be inconsistent with the following general standards for
use of land, and the use, type, bulk, design, and location
of buildings, the density or intensity of use, the common
open space, the public facilities and the development by
geographic division of the site:.
(1) The planned development can be substantially completed
within the period of time specified in the schedule of
development submitted by the developer:
(2) The planned development will not substantially injure
or damage the use, value and enjoyment of surrounding
property nor hinder or prevent the development of sur-
rounding property in accordance with the land use plan.
(3) The site will be accessible from public roads that are
adequate to carry the traffic that will be imposed upon
them by the proposed development and the streets and
driveways on the site of the proposed development will
be adequate to serve the residents, occupants , or users
of the proposed development. Traffic control signals
will be provided without expense to the City when the
Governing Body determines that such signals are
required to prevent traffic hazards, or congestion in
adjacent streets.
(4) The development will not impose an undue burden on pub-
lic services and facilities, such as fire and police
protection.
(5) The entire tract or parcel of land to be occupied by
the planned development shall be held in a single owner-
ship, or if there are two or more owners, the applica-
tion for such planned development shall be filed jointly
by all such owners.
(6) The development plan shall contain such proposed cove-
nants, easements and other provisions relating to the
bulk, location and density of residential buildings,
•
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nonresidential uses and structures, and public facili-
ties as are necessary for the welfare of the planned
development and are not inconsistent with the best in-
terests of the area. Such covenants , easements and other
provisions , if part of the development plan as finally
approved, may be modified, removed or released only with
the consent of the City Governing Body after a public
hearing before, and recommendations by, the Planning
Commission as provided in section 4.8-4.8(1) . All such
covenants shall specifically provide for enforcement
by the City in addition to the landowners within the
development.
(7) The Planning Commission may designate divisible geographic
areas of the entire parcel to be developed as a planned
unit development and shall , in such case, specify reason-
able periods within which development of each such area
must be commenced. In the case of residential planned
developments and general planned developments which con-
tain residential buildings, the Planning Commission may
permit in each area deviations from the number of dwel-
ling units per acre established for the entire planned.
development, provided such deviation shall be adjusted
for in other sections of the development so that the
• number of dwelling units per acre authorized for the
entire planned development is not affected. The period
of time established for the completion of the entire
development and the commencement date for each section
thereof may be modified from time to time by the Planning .
• Commission, upon the showing of good cause by the devel-
oper, provided that in no case shall anv extension of
time exceed 12 months. The developer shall provide and
record easements, covenants , shall make such other ar-
rangements, and shall furnish such performance bond,.
escrow deposit, or other financial guarantees as may be
determined by the Planning Commission to be reasonably
required to. assure performance in accordance with the
development plan and to protect the public interest in
the event of abandonment of said plan before completion.
(8) The location and arrangement of structures , parking areas ,
walks, lighting and appurtenant facilities shall be com-
patible with the surrounding land uses, and any part of
a planned development not used for structures, parking
and loading areas , or accessways, shall be landscaped or
of erwise improved,ad/e-s smd' epoa s/)/C( wean' ACC mplisA lAr
m fsl of Ib" .,..fia.ir,( 1,14 .d ,/s emblem sbile. .
(9) When business or manufacturing structures or uses in a
planned development district abut a residential district
or residential buildings in the same development. screen-
ing shall be provided. In no event shall a business or
manufacturing structure in a planned development district
be located nearer than 100 feet to a residential building.
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•
(10) Notwithstanding any of the other provisions of this
ordinance, when a shopping center is developed as a
• planned development district, such shopping center shall
provide a parking space in off-street parking for each
• 200 square feet of floor area in .the structures located
' • in the planned shopping center development. Such off-
. street parking facilities shall comply with the provisions
of Article VIII of this Ordinance.
(11) The specifications for the width and surfacing of streets
and highways, alleys, ways for public utilities, for
curbs, gutters, sidewalks, street lights, public parks
and playgrounds, school grounds, storm drainage, water.
. supply and distribution, sanitary sewers and sewage col-
.
' lection and treatment established in the subdivision
ordinance of the City as amended from time to time may,
within the limits hereinafter specified, be waived or
modified by the Planning Commission where 'the Commission •
. finds that such specifications are not required in the
•
interests of the residents or occupants of the planned .
development and that the waiver or modification of such
specifications would not be inconsistent with the inter-
ests of the City. The City should set out:
e, .u�. • ' :ns--and-pl-a t
t1ng design-coutaol-s-whi-eh it will not-modify-or-
. nder any ci-reums-tanees-'-and-
(-b-)-a-n--cases-where it-i-s--wi I l i ng-te-modi-fy--an-y-s peei-f-i—
. -Cati'enz,th ,r,r,,,zs--o-f-s-ueh-meth-fi-eati-ons-
• . An--example of the former--Initht-relate-te-sewer-and-water- - .
' • standardhe latter--might-be-a-total
=-waa-ver of a requ}r- for f�-o--s-iidewalks or--a-specif-led-
-reduaton-r.�str eetw-idths-.
(12) Any modifications of the zoning or other regulations
. that would otherwise be applicable to the site are war-
. .
.
. ranted by the design to the development plan, and the
amenities incorporated in it. and .are. not inconsistent
with the interest of the public generally. . .
B. Standards for Residential Planned Developments and General
Planned Developments Containing Residential Buildings.
(1) Any development plan that does not propose to increase .
the number of dwelling units per acre that would other- .
wise be permitted on the property under the zoning regu-
lations otherwise applicable thereto shall be prima facie
qualified for preliminary approval insofar as residential
density is concerned. A development plan may provide for
a' greater number of dwelling units per acre than would
be permitted by the zoning regulations otherwise appli-
cable to the site, but if the number of dwelling units
19
per acre exceeds by more than 10 percent that permitted
by the zoning regulations otherwise applicable to the site,
the developer has the burden to show that such excess
will not have an undue and adverse impact on existing
public facilities and on the reasonable enjoyment of
neighboring property. The Planning Commission in .
determining the reasonableness of a proposed increase in
the number of dwelling units per acre, shall recognize
that increased density may be compensated for by additional
private amenities and by increased efficiency in public
services to be achieved by (a) the amount, location and
proposed use of common open space, and (b) the location,
design and type of dwelling units. The Planning Commission
shall , in its determination; also consider that the physical
characteristics of the site may make increased densities
appropriate in the particular location.
(2), When common open space is provided in a development plan, the
amount and location of such common open space shall be
consistent with the declared function of the common open space
as set forth in the application for a planned development
district. The development plan shall include such provisions
for the ownership and maintenance of the common open space as
are reasonably necessary to ensure its continuity, care,
conservation and maintenance, and to ensure that remedial
measures will be available to the City if the common open space
is permitted to deteriorate or is not maintained in a condition
consistent with the best interest of the planned development or
of the City.
(3) When a planned development includes common open space, such
common open space shall not be used for the construction of any
structure which is inconsistent with its intended use, nor shall
such open space ever be computed as a part of the required
minimum lot area, or any required yard, of any other structure.
Adequate safeguards, including recorded covenants, shall be
provided to prevent the subsequent development of, and the
future construction of structures on, such open space. When a
structure is permitted in said open space, its construction shall
be allowed only after receiving specific approval from the
Planning Commission.
(4) The total ground area occupied by buildings and structures
shall not exceed 35 percent of the total ground area of the
planned development.
(5) Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the use
of the residents of the planned development.
(6) Nonresidential uses of a business character shall be designed
or intended to serve principally the residents of the planned
development. No structure designed or intended to be used,
in part or in whole, for business purposes shall be constructed
prior to the construction of not less than 30 percent of the
total number of dwelling units proposed in the development plan.
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•
•
(7) Planned developments .in areas that are on the fringes of •
1 urban development or are in largely undeveloped areas
' shall maintain the following minimum yards:
• (a) The distance at the closest point between any struc
r ,FA»r„� ture and the boundary of the14M shall be at least
pIt&edtkcIi ' two times the perpendicular distance from the lowest
:'first.floor window sill to the highest point on the
• . 'roof of the structure,.
' ••
• (b) ,When two or more structures are located in any pro- I
- . posed planned development, the distance at the closest •
point between any two structures containing residential
uses. or between a structure containing residential
uses and any other structure, shall be equal to two
times the perpendicular distance .from the lowest
first floor window sill of any structure containing
residential uses to the highest point in the. roof of
the other. structure.
•
- 4.8-4 Procedure far Securing Approval of a Planned Development and the
Establishment of a Planned Development District.
A. Preliminary Development Plan a •
(1) 'A'developer seeking the establishment of a planned develop
• • ' ment district shall prepare and submit to the Planning
Commission a preliminary development plan for such plan-
ned development district.
.(2) The preliminary development plan shall contain the follow-
ing documents and information:
(a) A survey of the tract that is to be developed showing
existing features of :the: property including streets,
- alleys , easements, utility lines , existing land use, • .
general topography, physical features, and drainage.
(b) A site plan showing the location and arrangement of •
all existing and proposed structures, the proposed
traffic circulation pattern within the'development,
_ the areas to be developed for parking, the points of
ingress and egress, including access streets where
• : required, the relationship of abutting land uses and
zoning districts, proposed lots and blocks , if any,
proposed public or common open space, if any, includ-
ing parks, playgrounds, school sites, and recreational
' facilities, and proposed drainage.
•
(c) A preliminary plat of subdivision for which approval
has been secured pursuant to the applicable ordinances,
• . ' rules and. regulations relating to subdivision approval
• or a copy of the existing recorded plat which is -
: appropriate for the intended plan.
•
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r
(d) A statement of the anticipated residential density
(when applicable) , the proposed total gross floor
area, and the percentage of the development which
is to be occupied by structures.
(e) Preliminary sketches of the proposed structures and
landscaping.
(f) When a planned development is to be constructed in
stages, a schedule for the development of such stages
shall be submitted. No such stage shall have a resi-
dential density that exceeds by more than 20 percent
the proposed residential density of the entire planned
development. When a planned development provides for
common open space, the total area of common open soace !
provided at any stage of development shall , at a mini-
mum, bear the same relationship to the total open space
to be provided in the entire planned development as
the stages completed or under development bear to
the entire planned development.
(g) Evidence that the applicant has sufficient control
over the tract to effectuate the proposed plan, in-
cluding a statement of all the ownership and beneficial
interests in the tract of land and the proposed devel
opment,
(h) When it deems it to be necessary, the Planning Com
mission may require a traffic survey setting out and
analyzing the effect that the planned development
will have upon traffic in the streets and thoroughfares
adjacent to and in the vicinity of the proposed de-
velopment.
(i) A statement showing the relationship of the planned
development to the comprehensive plan and future land
use plan for the City. .
(j) In the case of general planned developments, a state
ment identifying the principal types of business and/or
industrial uses that are to be included in the pro-
posed development.
(k) When a planned development includes provisions for com-
mon open space, or recreational facilities, a state-
ment describing the provision that is to be made for
the care and maintenance of such open space or recre-
ational facilities. If it is proposed that such open
space be owned and/or maintained by any entity other
than a governmental authority, copies of the proposed
articles of incorporation and by-laws of such entity
shall be submitted.
•
•
22
1• Cl) Copies of any restrictive covenants that are to be
recorded with respect to property included in the
planned development district.
B. Action on Preliminary. Development Plan.
(1) Hearing, Findings and Recommendation of Planning Commis- ..
• sion. The Planning Commission shall , within 45 days after
a preliminary development plan is filed with it, hold a
public hearing on the preliminary development plan after ,
giving the notice required by Article II of this Ordinance
for hearings on amendments. Such public hearing
shall consider all aspects of the preliminary development
plan including all proposed stages and/or units of devel-
ovment. Within days after the last public hearing on
such plan, the Planning Commission shall prepare and
transmit to the City Governing Body and to the developer .
specific findings of fact with respect to the extent to
•
which the preliminary development plan complies with the
standards set out in this section, together with its recom-
mendations to the City Governing Body with respect to the
action to be taken on the preliminary development plan..
The Commission may 'recommend disapproval , approval , or
approval with amendments, conditions or restrictions.
Copies of the findings and recommendations of the Planning
Commission shall be made available to any other interested
persons.
(2) Action by the City Governing Rod/. The City Governing
Body shall approve or disapprove the preliminary develop-
ment plan within 21 days after it receives the findings '
ana recommendacions of the Planning Commission .thereon.
If the preliminary development plan. is disapproved, the.
developer shall be furnished with a written statement
of the reasons for disapproval of the plan. If the pre-
liminary development plan is to be approved, the City
Governing Body shall , after receiving from the developer
any acceptance required by section 4.8-4 B (3) , below,
adopt an ordinance approving the preliminary development
plan, and establishing a planned development district .
for the parcel or tract of land included in the prelimi-
nary development plan.
(3) Restrictions and Conditions'. The City Governing Body may
alter the preliminary development plan, and impose such
restrictions and conditions on the planned development as
it may deem necessary to insure that the development will
be in harmony with the general purpose and intent of this
Ordinance and with the comprehensive plan of the City.
When the City Governing Body alters the preliminary de-
. velopment plan , or imposes any restrictions or conditions
on such plan, the developer shall have 15 days within
which to file an acceptance of such alterations, restric-
tions
or conditions with the City Governing Body. When
•
an acceptance is required by this section, no ordinance
approving a preliminary development plan and establish-
ing planned development district shall be adopted until
such acceptance has been filed with the Planning Commis-
sion.
(4) Form of Ordinance. An ordinance approving a planned de-
velopment and establishing a planned development district
shall specify the zoning regulations and restrictions that
will . pursuant to the development plan, apply in the plan-
ned development district and shall describe the boundaries
of such district or set such boundaries out on a map that
is incorporated and published as a part of such ordinance.
Such ordinance shall also specify the conditions and re-
strictions that have been imposed by the City Governing
Body on the planned development, and the extent to which
the otherwise applicable district regulations have been
varied or modified. When the Planning Commission has ,
designated divisible geographic areas that may be devel- -
oped as a planned unit development, the ordinance shall
authorize the Planning Commission to modify the schedule
of development to the extent set out in section 4.8-3
A(7) .
4.8-5 Status of Preliminary Development Plan After Approval .
. A. Within 7 days after the adoption of an ordinance approving
a preliminary development plan and establishing a planned
development district, such ordinance shall be certified by
the Clerk of the City and shall be filed in the office of the
Zoning Administrator. A certified copy shall be mailed to
the developer. When approval of a preliminary plan has been
granted, the same shall be noted on the zoning map maintained
in the office of the Zoning Administrator.
B. Preliminary approval of a development plan shall not qualify
a plan of the planned development for recording. A development
plan which has been given preliminary :approval as submitted
or which has been given preliminary approval with alterations,
conditions and restrictions, which have been accepted by the
developer (and provided that the developer has not defaulted
nor violated any of the conditions of the preliminary approval ) ,
shall not be modified or revoked nor otherwise impaired by
action of the City pending an application or applications for
approval of a final development plan without the consent of
the developer, provided an application for final approval is
filed, or in the case of staged developments, provided appli-
cations are filed, within the time or times specified in the
ordinance granting approval of the preliminary plan. If no
time is specified in such ordinance, then an application for
approval of a final development plan, or all stages thereof,
shall ,be filed within three years.
. -24-
C In the event that a development plan is given preliminary
approval and thereafter, but prior to approval of a final . .
development plan, the developer shall :
(1) Choose to abandon said plan and shall so notify the
Planning Commission in writing, or
(2) Shall fail to file an application, or applications, for
approval of a final plan within the required time perio ,
then the preliminary plan shall be deemed to be revoked.
When a preliminary plan is revoked, all that portion of the
preliminary plan for which final approval has not been given
shall be subject to those provisions of the zoning regula-
tions and other local ordinances, that were applicable thereto
immediately prior to the approval of the preliminary plan, as
they may be amended from time to time The City Governing
Body shall forthwith adopt an ordinance repealing the planned
development district for that portion of the development that
has not received final approval and re-establishing the zoning
and other regulatory provisions that would otherwise be ap-
plicable. When a preliminary development plan is revoked,
such revocation shall be noted on the zoning map in the of-
fice of the. Zoning Administrator and in the records of the
Clerk of the City:
4.8-6 Application for Approval of Final Development Plan.
A. An application for approval of a final development plan may
be filed for all the land included in a planned development
or for a stage thereof. Such application ..shall be filed by
the developer with the Planning Commission within the time
specified in section .4.8-5 B of this ordinance and shall be
in substantial compliance with the preliminary development
plan as approved. The application shall include . .
•
(1) A detailed site plan showing the physical layout and de-
,
"sign of all streets, easements, rights-of-way, lots,
blocks, common ooen space, structures and uses...
(2) Preliminary building plans,' including exterior elevations
(3) Landscaping plans.
(4) Copies of any,•proposed easements and restrictive covenants.
(5) Proof of the establishment and activation of any entity
that is to be responsible for the management and main-
tenance of any common open space. .
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(6) Evidence that no lots, parcels or tracts or dwelling
units in such development have been conveyed or leased
prior to the recording of any restrictive covenants
applicable to such planned development.
(7) Such bonds and other documents that may have been required
pursuant to Section 4.8-3 A(7) , 4.8-4 B(3) and 4.8-4 B(4) .
(8) A final subdivision plat for which approval has been
secured pursuant to the applicable ordinances, rules and
regulations relating to subdivision approval .
In accordance with the schedule proposed in the application
for approval of the preliminary plan , the developer may elect
to file an application for final approval of only a geographic
area of the land included in the plan and may delay, within
the time limits authorized by the ordinance, application for
final approval of other areas. A public hearing by the Plan-
ning Commission on an application for approval of the final
development plan, or area thereof, shall not be required
provided the final plan, or the area thereof submitted for
final approval , is in substantial compliance with the
preliminary development plan theretofore given approval .
8: A development plan submitted for final approval shall be
deemed to be in substantial compliance with the preliminary
plan, as approved, provided any modification by the developer
of the preliminary plan, as approved, does not:
(1 ) Vary the proposed gross residential density or intensity
of use by more than five percent; or
(2) Involve a reduction of the area set aside for common
open space; nor
(3) Increase by more than five percent the floor area proposed
for nonresidential use; nor
(4) Increase by more than five percent the total ground area
covered by buildings.
A public hearing shall not be held to consider modifications
in the location and design of streets or facilities for water
and for disposal of storm water and sanitary sewerage.
C. A public hearing shall not be held on an application for
approval of a final development plan when said plan is in
substantial compliance with the preliminary plan. When the
application for final approval has been filed, together with
all drawings , specifications and other documents required in
support thereof, the Planning Commission shall , within 21 days
of filing, grant such plan final approval .
• . -26-
•
D. In the event that the final development plan is not in
substantial compliance with the preliminary plan, the
Planning Commission shall , within 21 days of the date
the application for approval of the final plan is filed,
so notify the developer in writing, setting out the
particular ways in which the final plan is not in substantial
compliance with the preliminary plan. The developer may make
such changes in the final plan as are necessary to bring it
into compliance with the preliminary plan, or he may file a
written request with the Planning Commission that it hold a
public hearing on his application for final approval . In
the event the developer shall fail to take either of these
alternate actions within 60 days, he shall be deemed to have
abandoned the plan. Such public hearing shall be held,
notice thereof shall be given, and the hearing shall be
conducted in the manner prescribed in Sections 2.4, 2.4-1
and 2.4-2 of this Ordinance. Within 14 days after the
conclusion of the public hearing, the Planning Commission
shall by resolution either grant or deny approval of the
final plan. The denial or approval of the final plan shall ,
in cases arising under this paragraph, be in the form and
contain the findings required for a recommendation on an
application for approval of a preliminary development plan
set out in Section 4.8-4 B(1 ) of this Ordinance.
E. A final development plan, or any area thereof, that has been
approved by the Planning Commission shall be so certified .
without delay by the Clerk of the City and shall be filed of
record in the office of the Zoning Administrator before any
development shall take place in accordance therewith. In the
event the Planning Commission fails to act, either by grant
or by denial of final approval within the time prescribed,
the final plan shall be deemed to be approved. Pending com-
pletion within a reasonable time of said planned development,
or of any area thereof, that has been finally approved, no
modification of the provisions of said plan, or area thereof,
as finally approved, shall be made except with the consent of
the developer.
F. In the event that a final development plan, or area thereof,
is approved and thereafter the developer shall abandon part
or all of said development plan and shall so notify the
Planning Commission in writing, then no development or further
development shall take place on the property included in the
development plan until after the said property has been re-
classified by enactment of an amendment to this ordinance in
the manner prescribed for such amendments in Article II of this
Ordinance. However, if the development is not completed within
two (2) years after the approved completion date, the Planning
Commission may re-evaluate said plan and recommend appropriate
action to the governing body.
4.8-7 Amendments. A planned development district ordinance or an approved
preliminary or final development plan may be amended by the City
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Governing Body, but only after a public hearing has been held
pursuant to notice by Section 2.4-1 of this Ordinance and
findings of fact and recommendations have been prepared by the
Planning Commission and transmitted to the City Governing Boyd
in the manner required by Section 4.8-4 B(1 ) hereof. Nothing
in this section shall be construed as requiring a public hearing
in the case of minor alterations. The determination of the need
for a public hearing shall be at the discretion of the Zoning
Administrator.
4.8-8 Recording. Upon approval of the final development plan by the
Planning Commission, the same, together with the final subdivision
plat shall be recorded with the Register of Deeds in the manner
prescribed in the City Subdivision Regulations.
•
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4. 9 Flood Plain Zoning District
4.9-1 Statutory Authorization. The provisions for flood plain
protection are adopted pursuant to the authorization
contained in Kansas Statutes Annotated Sections 12-705 ,
12-707, 12-710, and 12-734-735.
4.9-2 Purpose. The uncontrolled use of flood plains, rivers
and streams, as well as filling, construction and certain
other land practices in the flood plain of the City of
Salina adversely affect the public health, safety and
welfare and impairs the tax base of the City. In
addition, extraordinary public expenditures may be re-
quired for the protection of persons and property and
for the relief of distress in areas subject to periodic
flooding. Therefore, it is the purpose of this section
to:
A. Prohibit the placement of fill, materials and structures 1
which would unduly obstruct flood flows . Subject to
the provisions of Sections 4 . 9-4C, 4 . 9-5, 4 . 9-6 , and
4 . 9-7, a total prohibition will exist in areas designated'
as floodway and a partial prohibition will exist in
areas designated as flood fringe.
B. Protect human life and health, prevent property damage ,
minimize business interruptions and minimize rescue
and relief efforts, which generally must be undertaken
at public expense.
C. Minimize expenditures of public monies for costly flood
control projects and minimize the damage to public
facilities in the flood plain, such as water mains,
sewer lines, streets and bridges.
D. Minimize flood blight areas and maintain property
values and a stable tax base adjacent to the flood plain.
E. Discourage the victimization of unwary home and land
buyers.
4 . 9-3 Warning and Disclaimer of Liability. The degree of flood
protection required by this section is considered to be
reasonable for regulatory purposes and is based on
engineering and scientific methods of review and evaluation.
However, larger floods may occur on rare occasions or the
flood height may be increased by man-made or natural causes.
This section does not imply that areas outside the flood
plain districts or land uses permitted within such districts
will be free from flooding or flood damage . This section
shall not create liability on the part of the City or any
officer or employee thereof for any flood damages that result
from reliance on this section or on any administrative decision
lawfully made thereunder.
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•
4 . 9-4 General Provisions.
A. Lands to Which the Flood Plain Section Applies.
This section shall apply to all flood plain areas
within the City of Salina and to all flood plain
areas in unincorporated territory lying outside
of but within three (3) miles of the nearest point ji
on the City limits provided that the unincorporated
territory has not been designated a flood plain
zone or district by any other governmental unit or
subdivisions.
B. Flood Plain Defined. A "flood plain" for the purposes
of establishing a zone or district or for imposing
restrictions upon the use of land under the provisions
of this section shall include the watercourse and
land adjacent to a watercourse subject to inundation
from a flood having a chance occurrence in any one
year of one percent (1%) . This is the 100-year flood
line.
C. Floodway and Flood Fringe Defined.
(1) Floodway. The channel of a stream or other water-
course, ('
and the land areas adjacent to the stream
channel, that are required to carry and discharge
the flood waters of the regulatory flood (the
100-year flood) without undue restriction.
(2) Flood Fringe. That portion of the flood plain
lying outside of the floodway, i .e. , subject to
being covered by flood waters of a flood of a given
magnitude , but not required to carry and discharge
the flood waters.
D. National Flood Insurance. Nothing in this section or
in any regulations adopted hereunder shall be construed
as affecting the eligibility of any existing structure
located within the flood plain for flood insurance under
the National Flood Insurance Act of 1968 .
4 . 9-5 Establishment of Flood Plain District.. The flood plain
area within the jurisdiction of this section is hereby
declared to be one district, the general Flood Plain
District (FP) , as set forth on the Zoning Map of the City
of Salina attached hereto and made a part of these Regulations. '
The City shall also designate on the Zoning Map those areas
determined to be in the floodway portion and the flood
fringe portion of the Flood Plain District, pending determina-
tion of those areas by the appropriate state or federal
agency. The Flood Plain District shall be considered an
overlay zoning district in that the existing underlying zoning
districts and their district regulations shall apply in
addition to and complementary to these provisions . E.
• -30-
4. 9-6 Adoption of Engineering Criteria. The Flood Plain
District established and shown on the District Zoning
Map has been delineated by use of studies and informa-
tion developed by the Corps of Engineers, U. S. Army,
Kansas City District. Reports issued by that agency
entitled, "Flood Plain Information, Mulberry Creek,
• Dry Creek, Salina, Kansas" dated March, 1972 , and
"Flood Plain Information, Smoky Hill River, Saline
River, Dry Creek Diversion, Salina, Kansas" dated
June, 1972, shall be used by the Planning Commission
in evaluating and administering the provisions of
the regulations contained within this Section 4 . 9.
Elevation information contained in the aforementioned
reports shall be used to determine the exact location
and limits of the "FP" Flood Plain District and said
elevation information supercedes the "FP" delineation
on the District Zoning Map. For the purposes of these
regulations, the "Intermediate Regional Flood" shall
be the Regulatory Flood having a chance occurrence
in any one year of 1% (the average 100-year frequency
flood) , and shall be used as the criteria for determining
floodwater inundation areas included within the Flood
Plain District and the floodwater surface elevations with-
in that district.
4. 9-7 Permitted Uses.
A. The following open space uses shall be permitted
• with the General Flood Plain District to the extent
that they are not prohibited by ordinance, or State
or Federal statute, and provided they do not re-
quire structures, fill or storage materials and/or
equipment:
(1) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture,
truck farming and forestry.
(2) Fishing, hunting, preservation of scenic and
scientific areas, public or private fish hatcheries ,
soil and water conservation, and wildlife preserves.
(3) Loading areas, parking areas, lawns, gardens, play
areas, airport landing strips, and railroads.
(4) Private and public recreation uses, such as golf
courses, tennis courts, archery and firearms ranges,
picnic grounds , boating and swimming areas, parks,
shooting preserves, hiking and horseback trails.
(5) Other similar open space uses.
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4. 9-8 Conditional Uses. The following uses may be permitted
as conditional uses subject to the provisions of this
section and of Section 10. 5 of this Ordinance.
A. In the floodway portion of the Flood Plain District:
(1) Uses or structures accessory to open space uses. E
(2) Drive-in theaters , new and used car lots,
roadside stands, signs, and billboards.
(3) Extraction of sand, gravel, and other materials.
(4) Marinas, boat-rentals, docks, piers, and wharves.
(5) Streets, bridges, utility transmission lines and
pipelines.
(6) Other similar uses consistent with the standards
set forth in Section 4 . 9-9 below.
B. In the flood fringe portion of the Flood Plain
District:
(1) All uses which are permitted or conditional uses
in the underlying zone may be allowed as condi-
tional uses in the flood fringe subject to the
standards, factors, and conditions set forth in
Sections 4.9-9 and 4. 9-10.
4. 9-9 Standards for Issuance of Conditional Use Permit in Flood
Plain District.
A. In the floodway portion of the Flood Plain District:
(1) No structure, fill, or use will be allowed as a
conditional use which unduly affects the capacity .
of the floodway or unduly increases flood heights.
Structures shall be firmly anchored to prevent
flotation which may cause additional damage.
(2) Any fill or dumping proposed to be deposited in
the floodway must be shown to have a beneficial
purpose and the amount thereof shall not be
greater than is necessary to achieve that purpose
as demonstrated by a plan submitted by the owner
showing the uses to which the filled land will be
put and the final dimensions of the proposed fill.
(3) The storage of materials that are in time of flooding
buoyant, flammable, explosive or potentially injurious
to human life or property shall be prohibited;
storage of other materials may be allowed if not
_32_
•
subject to major damage by floods and if firmly
anchored to prevent flotation or readily removable
after flood warning.
B. In the flood fringe portion of the Flood Plain
District:
(1) All structures to be erected, constructed, re-
constructed, altered or moved shall be constructed
on fill with the finished surface of the basement,
or first floor in structures without basements,
at or above a point two feet above the regulatory
flood elevation line. The fill shall extend at
such elevation at least 15 feet beyond the limits
of the structure.
(2) Where existing public streets or other circumstances
make compliance with Section 4. 9-9B (1) impracti-
cal, or in other special circumstances, the Board i
of Zoning Appeals may authorize other flood proof-
ing measures in lieu of fill in accordance with
Section 4. 9-10B.
(3) Accessory uses such as railroad tracks and yards
and parking lots may be lower elevations.
(4) The storage or processing of materials that are
buoyant, flammable, or explosive in times of
flooding and are potentially injurious to human
life or property shall be at or above a point two
feet above the regulatory flood elevation line.
4 . 9-10 Factors and Conditions for Consideration of Board of
Zoning Appeals in Granting Conditional Use Permits in the
Flood Plain District.
A. In addition to the requirements of Section 10. 5-4 of
this Ordinance, when a provision of this section
is involved, no conditional use permit shall be granted
by the Board of Zoning Appeals without specific considera-
tion of the following factors :
(1) The danger to life and property due to increased
flood heights or velocities caused by encroach-
ments.
(2) The danger that materials may be swept on to lands
or down stream to the injury of others.
(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent the
occurrence of disease, contamination and unsanitary
conditions.
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(4) The susceptibility of the proposed facility and
its contents to flood damage and the effect of
such damage on the individual owner.
(5) The importance of the services provided by the
proposed facility or use to the community.
(6) The requirements of the facility or use for a
waterfront location.
(7) The availability of alternative locations not
subject to flooding for the proposed use.
(8) The compatibility of the proposed use with
existing development and development in the near
future.
(9) The relationship of the proposed use to the
comprehensive plan and flood plain management
program for the area.
(10) The safety of access to the property in times of
flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate
of rise and sediment transport of the flood waters
expected at the site.
(12) Such other factors as are relevant to the purposes
of the regulations.
B. In addition to the conditions which may be imposed
under Section 10.5-5 of this Ordinance , when a
provision of this section is- involved, the Board
of Zoning Appeals may also impose any of the following
conditions which it deems necessary:
(1) Requirement for construction of channel modifications,
dikes, levees,. and other protective measures.
(2)- Flood proofing measures. Flood proofing measures -
such as the following may be required at or above a
point two feet above the 100-year flood elevation
line:
(a) Anchorage to resist flotation and lateral move-
ment.
(b) Installation of watertight doors, bulkheads and
shutters, or similar methods of construction.
(c) Reinforcement of walls to resist water pressures.
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(d) Use of paints, membranes, or mortars to reduce
seeping of water through walls.
(e) Addition og mass or weight to structures to
resist flotation.
(f) Installation of pumps to lower water levels in
structures.
(g) Construction of water supply and waste treatment''
systems so as to prevent the entrance of flood
water.
(h) Pumping facilities or comparable practices for
subsurface drainage systems for buildings to
relieve external foundation and wall basement
flood measures.
(i) Construction to resist rupture or collapse
caused by water pressure or floating debris.
(j) Installation of valves or controls on sanitary
and storm drains which will permit the drains
to be closed to prevent back-up of sewage and
storm waters into buildings or structures.
Gravity draining of basements may be eliminated
• by use of mechanical devices.
(k) Location of all electrical equipment, circuits,
and installed electrical appliances so as to
provide protection from inundation by the
regional flood.
(.l) Location of any structural storage facilities
for chemicals, explosives , buoyant materials,
flammable liquids or other toxic materials
which could be hazardous to public health,
safety and welfare at a point above the regulatory
flood elevation or their flood proofing so as to
prevent flotation of storage containers, or
damage to thc,se• which could result in the escape
of toxic materials into flood waters.
4 . 9-11 Variances. In addition to the requirements of Section 10.4
of this Ordinance , no variance in the Flood Plain
District shall have the effect of allowing uses prohibited
in the District, permit a lower degree of flood protection,
or permit standards lower than those required by State
Enabling Legislation.
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•
, ' 4. 9-12 Flood Plain Nonconforming Uses. Whenever any structure
subject to the General Flood Plain District requirements
becomes a nonconforming use under these provisions, it
shall be subject to the requirements and provisions of
Article IX of this Ordinance .
4. 9-13 Amendments to Flood Plain District Regulations. No
amendment shall be made to this section that proposes
to create or to effect any change or variation in the
Flood Plain District, or that proposes to regulate or
restrict the location and use of structures, encroach-
ments, and uses of land within such District without
the City first submitting such proposed change, accompanied
by complete maps, plans, profiles, specifications , textual
matter and other data and information to the Chief Engineer,'
Division of Water Resources, Kansas State Board of Agricul-
ture for written approval thereof.
4. 9-14 Violations. In addition to the penalties and relief set
forth in Section 10. 7-1 and 10. 7-2 of this Ordinance ,
in the event the violation relates to a provision of this
section on Flood Plain zoning, the Attorney General and the
Chief Engineer of the Division of Water Resources of the
• Kansas State Board of Agriculture may institute injunction,
mandamus or other appropriate action or proceedings to
prevent the unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, or to correct
or abate such violations, or to prevent the occupancy of
such building, structure or land.
•
•
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•
•
ARTICLE V: GENERAL BULK REGULATIONS
5. 1 Bulk Requirements. In this Ordinance, , bulk requirements are expressed
in terms of maximum structure height, maximum lot coverage, minimum set-
backs and minimum front, side and rear yards. No structure, or part
thereof, shall hereafter be built, or moved or remodeled, and no struc-
ture or land shall hereafter be used, occupied., arranged or designed for
use of occupancy:
A. So as to exceed the maximum lot coverage percentage, or the maximum
of structure height specified for the zoning district in which the
structure is located;
B. . So as to provide any setback or front, side or rear yard that is
less than that specified for the zoning district in which such struc-
ture or use of land is located or maintained;
C. Which is smaller in area than the minimum area, or minimum lot area
per dwelling unit, required in the zoning district in which the
structure or land is. located;
D. Which is narrower than the minimum lot width required in the zoning
district in which the structure or land is located ; or
E. Which is shallower than the minimum lot depthrequired in the zoning
district in which the structure or land is located.
•
F. No existing structure shall hereafter be remodeled so as to conflict
or further conflict with the lot area per dwelling unit requirements
for the zoning district.
5.2 Yard Requirements for Open Land. If a zoning lot is, or will be, occu-
pied by a permitted use without structures , then the minimum setback and
minimum side and rear yards that would otherwise be required for said
zoning lots shall be provided and maintained unless some other provision
of this Ordinance requires or permits a different minimum setback, t
front, side or rear yard. The front, side and rear yards shall not be
required on zoning lots used for garden purposes without structures, or
on zoning lots used for open public recreation areas..
5.3 Restrictions on Allocation and Disposition of Required Yards or Open
Space.
A. No part of the lot area, or of a yard, or other open space, or off-
street parking or loading space provided in connection with any ' t
structure or use in order to comply with this Ordinance shall , by
reason of change of ownership or otherwise, be includes as part of
the minimum lot area or of a yard, or open space, or off-street
parking of loading space required for any other structure or use,
except as specifically provided herein. -
-37- C'
B. All of the lot area and all yards and other open spaces provided
4 : in connection with any structure or use in order to comply with
this Ordinance shall be located on the same lot as such structure
or use.
C. No part of the lot area or of the yard, other open space, or off-
street parking or loading space provided in connection with any
structure or use (including but not limited to, any structure or
use existing on the effective date of this Ordinance or of any
amendment thereof) shall be subsequently reduced below, or further
reduced if already less than, the minimum requirements of this
Ordinance for the equivalent new construction.
5.4 Permitted Obstructions in Required Yards. The following shall not be
considered to be obstructions when located in a required yard:
A. In all yards: Open terraces not over 36 inches above the average
level of the adjoining ground but not including a permanently
roofed over terrace or porch; awnings or canopies ; steps 36
inches or less above grade which are necessary for access to a
permanent structure or for access to a lot or to a lot from a
street or alley; arbors and trellises; flagpoles; and signs,
when permitted by Article VII .
B. In any yard except a front yard: Accessory uses permitted by
Article IV: recreational and laundry drying equipment, and open
space and enclosed fences not exceeding six feet in height.
If any provision in this Ordinance requires a fence in a front
yard, or a fence that has a minimum height in excess of five feet,
then such fence shall be a permitted obstruction within the meaning
of this section.
C. In front yards: Open, unenclosed porches projecting eight (8) feet
or less.
5.5 Lot Size Requirements and Bulk Regulations for Public Utility Facilities.
Notwithstanding any other provision of this Ordinance, none of the
following public utility or public service uses shall be required to comply
with the lot size requirements and bulk regulations of the zoning district
in which they are located:
A. Electric and telephone substations and distribution systems.
B. Gas regulator stations.
C. Poles, wires , cables , conduits, vaults , laterals, pipes, mains,
valves, or other similar equipment for the transmission of
electricity, gas or water.
D. Pumping stations.
E. Radio, television and micro-wave transmitting or relay stations and
towers.
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F. Transformer stations.
G. Water towers or standpipes.
H. Cable TV poles.
I . Any other similar use.
5.6 Obstructing Visibility at Intersections.
5.6-1 Prohibited. In all areas on public or private property at any
corner formed by intersecting streets , it shall be unlawful
to install , set out or maintain or to allow the installation,
setting out or maintenance of any sign, fence, hedge, shrubbery,
natural growth or other obstruction to view, within that triangle
formed by the curb lines (or the shoulder of the road where no
gutter exists) , of the intersecting streets drawn from the apex
of the intersecting curb lines back a distance of sixty (60)
feet with a line drawn between said points to form a base, such
area to be herein referred to as a clear site zone.
5.6-2 Exceptions. The provisions of Section 5.6-1 above shall not apply
6x sf a� totpermanent buildings; public utilities poles; hedges trimmed to
a height of less than three (3) feet; trees, the limbs of which
are at all times kept trimmed of'limbs and sucker growth on the
trunk to a height of at least eight (8) feet or the limbs of which
overhang the public street and are at all times kept trimmed of
• sucker growth to a height of at least thirteen (13) feet; plant
species not planted in the form of hedge which are so planted
and trimmed as to leave at all times a clear and unobstructed cross
view; fences not exceeding four (4) feet in height provided that the
ratio of the solid portion of the fence to the open shall not exceed
twenty-five percent (25%) ; supporting members appurtenant to
permanent buildings existing on June 25, 1965; official warning
signs or signals; to places where the contour of the ground is
such that there can be no cross visibility or signs mounted ten
(10) feet or more above the ground whose supports do not consti-
tute an obstruction; and, noncommercial signs constructed parallel
with the base line which in the opinion of the police department .
do not obstruct the clear site zone. All heights herein mentioned
shall be measured from the gutter grade at the apex of the clear
zone triangle.
5.6-3 Pre-existing Violations Not Excepted. No obstruction to cross
visibility shall be determined to be an exception from the
application of this article because of its being in existence on
June 25, 1965, unless expressly exempted by the terms of this
article.
:39-
5.6-4 Notice of Removal by Property Owner. When in the opinion of
the police department an obstruction to visibility exists as
prohibited herein, it shall be the duty of the department to
give notice in writing to the property owner or owners
complained against, providing that said notice shall specify
in what manner a traffic hazard has been alleged to exist.
Said notice shall direct the removal by the property owner
or owners of such structures , trees or other obstructions
which constitute said traffic hazard. Said property owner
or owners shall be allowed ten (10) days in which to comply
with said order, except obstructions of a temporary nature
which shall be removed on notice.
5.6-5 Removal by City. If within ten (10) days after the service of
such notice, either by mailing or by personal delivery, the
owner or owners of the lot or parcel of land have failed,
refused, or neglected to remove such obstructions, then the City
shall cause to be removed such obstructions on the lot or pieces
of land of said owner, and the cost of such removal shall be
assessed and charged against the lot or parcel of ground on
which the obstruction was located and the City Clerk shall at
the time of certifying other city taxes, extend the same on the
tax rolls of the county against said lot or parcel of ground and
it shall be collected by the county treasurer and paid to the City
as other taxes are collected and paid.
•
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1
r
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ARTICLE VI : DISTRICT REGULATIONS
1
6.1 A-1 Agriculture District. The A-1 District is designed to
reflect the pattern of land uses that are found in the rural areas of
Salina. 1
6.1-1 Permitted Uses.
' f
(1 ) Agriculture, as defined in this Ordinance.
(2) Single-family dwellings.
(3) Cemeteries , including crematories and mausoleums when used
in conjunction with a cemetery, but not including mortuaries.
(4) Dog kennels or animal hospitals, provided no structure or pen <<
housing any animals shall be located nearer then 750 feet
to the boundary of any residence district.
(5) Educational institutions , as follows:
(a) Boarding schools and academies.
(b) Colleges and universities.
(c) Primary, intermediate and secondary schools.
(6) Family care facilities.
(7) Group day care centers when. located in a nonresidential building.
(8) Hospitals , sanitariums , rest homes and nursing homes.
• (9) Libraries and museums.
(10) Oil or gas well drilling, provided such well is , or will be,
located more than 500 feet from any school , residence district
• boundary, or any residential building other than a residential
building occupied by the owner, lessee or operator of the
premises on which the well is located. (See Section 6. 1-2)
(11 ) Public service and public utility uses , as follows , provided
such use is , or will be, located more than 300 feet from the
boundary of any residence district: (See Section 6.1-2)
(a) Electric and telephone substations and distribution centers.
(b) Gas regulator stations.
(c) Poles, wires , cables , conduits , vaults , laterals , pipe,
mains, valves or other similar equipment for the trans-
mission, as distinguished from distribution to consumers ,
of telephone or other communications , electricity, gas or
water, operated or maintained by a public utility, as
defined in this Ordinance.
(d) Police and fire stations.
(e) Pumping stations.
(f) Radio, television and microwave transmitting or relay
stations and towers.
(g) Telephone exchanges.
(h) Transformer stations.
(i) Water reservoirs and standpipes.
(12) Recreational and social facilities , as follows:
(a) Country clubs ,including golf, swimming and tennis clubs.
(b) Golf courses, but not including golf driving ranges , pitch
and putt, or miniature golf courser
(c) Noncommercial recreational buildings, community centers,
auditoriums , stadiums and arenas.
-41=
(d) Parks and playgrounds.
(e) Privately owned dwellings for seasonal occupancy and
not designed or used for permanent occupancy, such as
summer homes and cottages, and hunting and fishing
lodges and cabins.
(f) Public athletic fields.
(13) Religious institutions , as follows:
(a) Churches , chapels , temples, synagogues, cathedrals , and
shrines.
(b) Convents , seminaries , monasteries, and nunneries.
(c) Rectories, parsonages and parish houses.
(14) Riding stables , provided no structure housing horses shall
be located nearer than 750 feet to the boundary of any resi-
dence district. 1-
(15) Well head stations , well separators and other similar above-
the-ground facilities customarily used for the distribution,
transmission or storage of oil or natural. gas, provided no
such equipment shall be located nearer than 500 feet from the
boundary of any residence district. Such equipment may be
in enclosed buildings or in the open, but it must be completely
enclosed behind a. chain link fence with a two-inch or less
mesh, or its equivalent, not less than six feet in height.
(16) Accessory and temporary uses , and home occupations , as per-
• mitted by Article IV.
(17) Signs, as permitted by Article VII .
(18) Off-street parking, as required by Article VIII.
6.1-2 Conditional Uses .
(1 ) Airports.
(2) Community sewage treatment plants.
(3) Excavation, extraction, or mining of sand, gravel , or other
raw materials from the earth for resale. The conditions
imposed on such excavation, extraction, or mining may include,
but are not limited to, requirements for setbacks from schools
and residence districts , screening, fencing , redevelopment,
and restrictions on the grade of the excavation and vehicular
access thereto.
(4) Group care facilities.
(5) Oil or gas well drilling when not permitted by Section 6.1-1 .
(6) Recreational facilities such as campgrounds , youth camps,
gun clubs , and skeet and trap shooting ranges.
(7) Public service and public utility uses listed in Section
6.1-1 (10) , but which are, or will be located nearer than 300
feet to the boundary of a residence district.
(8) Sanitary landfill ,subject to state requirements.
(9) Greenhouses and nurseries.
(10) Public utility substations.
(11 ) Power plants.
(12) Campgrounds, subject to the provisions of 6.6-3(2) and (3) .
6.1-3 Lot Size Requirements.
(1 ) Minimum lot area: 4 acres
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(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
6.1-4 , Bulk Regulations.
(1 ) Maximum structure height: 45 feet.
(2) Yard requirements:
(a) Minimum front yard: 50 feet, measured from the front
lot line, or 80 feet, measured from the center line of
the street or highway, whichever is greater.
(b) Minimum side yard on each side of a zoning lot: Single-
family dwellings: 10 feet. ` All other permitted and
conditional uses: 25 feet.
(c) Minimum rear yard: 25 feet.
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6.2 RS, Single Family Residential Suburban District. The RS District is
designed for single-family dwellings, and compatible uses , at a density
not less than one acre per dwelling unit.
6.2-1 Permitted Uses.
ti
(1 ) Agriculture as defined in this Ordinance.
(2) Single-family detached dwellings.
(3) Family care facilities.
(4) Golf coursef, not including accessory clubhouses , golf driving .j
ranges , pitch and putt or miniature golf courses.
(5) Churches, chapels , temples , synagogues , cathedrals and shrines.
(6) Schools: primary, intermediate and secondary.
(7) Parks and playgrounds.
(8) Accessory and temporary uses and home occupations, as permitted
by Article IV.
(9) Signs, as permitted by Article VII.
(10) Off-street parking and loading, as required by Article VIII .
6.2-2 Conditional Uses.
(1) Swimming clubs , tennis clubs and clubhouses accessory to
golf courses.
(2) Public utility uses, as follows , provided that the location
is first approved by the Planning Commission, and provided
further, that a landscape plan or screening plan, if necessary,
is first approved by the Planning Commission:
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(3) YMCA, YWCA and other similar uses , as defined in this
Ordinance.
(4) Hospitals , sanitariums , rest homes, and nursing homes.
(5) Group care facilities.
(6) Group day care centers.
6.2-3 Lot Size Requirements.
(1 ) Minimum lot area: one acre.
(2) Minimum lot width: 100 feu..
(3) Minimum lot depth: 150 feet.
6.2-4 Bulk Regulations.
(1 ) Maximum structure height: 35 feet.
(2) Yard requirements
(a) Minimum front yard measured from center line of street:
80 feet or measured from front lot line: 50 feet, which-
ever is greater.
(b) Minimum side yard on each side of a zoning lot:
1 . Single-family dwellings: 10 feet.
2. All other permitted and conditional uses: 25 feet
(c) Minimum rear yard: 30 feet.
(3) Maximum lot coverage: 30 percent.
.
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• I
6.3 R. Single-Family Residential District. The R
District is designed to provide a Single-Family dwelling zone at a density
of not less than 8,500 square feet per dwelling unit.
6.3-1 Permitted Uses.
(1 ) Agriculture, as defined in this Ordinance. •
(2) Single-family detached dwellings.
(3) Family care facilities..
(4) Golf courses, but not including accessory clubhouses, or golf
driving ranges, pitch and putt or miniature golf course(
(5) Churches , chapels, temples , synagogues, cathedrals and
shrines.
(6) Parks and playgrounds.
(7) Schools: primary, intermediate and secondary.
(8) Accessory and temporary uses and home occupations, as permitted
by Article IV.
(9) Signs, as permitted by Article VII.
(10) Off-street parking and loading, as required by Article VIII .
6.3-2 Conditional Uses.
(1 ) Swimming clubs , tennis clubs and clubhouses accessory to
• golf course.
(2) Public utility uses , as follows , provided that the location
• is first approved by the Planning Commission, and provided
further that a landscape plan or screening plan, if necessary,
is first approved by the Planning Commission:
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(3) YMCA, YWCA and other similar uses, as defined in this Ordinance.
(4) Hospitals , sanitariums, rest homes , and nursing homes.
(5) Group care facilities.
(6) Group day care centers.
6.3-3 Lot Size Requirements.
(1 ) Minimum lot area:
(a) Single-family detached dwellings: 8,500 square feet.
(b) All other permitted and conditional uses: 15,000 square
feet.
(2) Minimum lot width:
(a) Single-family detached dwellings: 70 feet.
(b) All other permitted and conditional uses: 100 feet.
(3) Minimum lot depth: 100 feet.
6.3-4 Bulk Regulations.
(1 ) Maximum structure height: 35 feet.
(2) Yard requirements:
• (a) Front yard: Property located adjacent to the following
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- E
various types of streets shall maintain the following ti i
yard requirements regardless of whether it is a front,
side, or rear yard, or any combination thereof:
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline , whichever is greater.
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Minimum side yards:
1 . Residential buildings: 7,5 feet on each side of the
zoning lot.
2. All other permitted and conditional uses: 15 feet
on each side of the zoning lot, except accessory
uses which shall be permitted and governed by Article IV.
(c) Minimum rear yard: 30 feet
(3) Maximum lot coverage: 30 percent.
,
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6.4 R-1 . Single-Family Residential District. The R-1
District is designed to provide a dwelling zone at a density of
not less than 6,000 square feet per dwelling unit.
6.4-1 Permitted Uses.
(1 ) Single-family detached dwellings.
(2) Family care facilities.
(3) Golf courses , but not including accessory clubhouses , or
golf driving ranges, pitch and putt or miniature golf courses.
(4) Churches , chapels , temples , synagogues , cathedrals and shrines.
(5) Parks and playgrounds.
(6) Schools: primary, intermediate and secondary.
(7) Home occupations.
(8) Accessory and temporary uses , as permitted by Article IV.
(9) Signs , as permitted by Article VII.
(10) Off-street parking and loading, as required by Article VIII .
6.4-2 Conditional Uses.
(1 ) Swimming clubs, tennis clubs and clubhouses accessory to
golf courses.
(2) Group care facilities.
(3) Group day care centers and nursery schools.
(4) Public utility uses , as follows , provided that the location
is first approved by the Planning Commission, and provided
further, that a landscape plan or screening plan , if necessary,
is first approved by the Planning Commission.
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(5) YMCA, YWCA and other similar uses , as defined in this Ordinance.
(6) Hospitals, rest homes, sanitariums , and nursing homes, provided
that they shall 1p screened from adjacent residential property
and shall be located on an arterial street.
6.4-3 Lot Size Requirements.
(1 ) Minimum lot area:
(a) Single-family detached dwellings: 6,000 square feet.
(b) All other permitted and conditional uses: 15,000 square
feet.
(2) Minimum lot width:
(a) Single-family detached dwellings: 60 feet.
(b) All other permitted and conditional uses: 100 feet.
(3) Minimum lot depth: 80 feet.
6.4-4 Bulk Regulations.
(1 ) Maximum structure height: 35 feet.
(2) Yard requirements:
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
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yard requirements regardless of whether it is a front,
side, or rear yard, or any combination thereof:
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line or 1
65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Minimum side yard:
1 . Residential buildings: 7.5 feet on each side
of the zoning lot.
2. All other permitted and conditional uses: 25 feet
on each side of the zoning lot, except accessory
uses which shall be permitted and governed by
Article V.
(c) Minimum rear yard: 25 percent of the depth of the lot
but need not exceed 30 feet.
(3) Maximum lot coverage: 30 percent.
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•
•
6.5 R-2. Multiple-Family Residential District. The R-2 District is designed
to provide for multiple-family development at a minimum of 3,000 square
feet per dwelling unit with the provision that no single lot may be less
than 6,000 square feet in area.
6.5-1 Permitted Uses.
(1 ) Single-family dwellings.
(2) Two-family dwellings.
(3) Multi-family dwellings.
(4) Rooming and boarding houses.
(5) Family care facilities.
(6) Churches , chapels, temples, synagogues, cathedrals and shrines.
(7) Parks and playgrounds.
(8) Schools : primary, intermediate and secondary.
(9) Home occupations.
(10) Accessory and temporary uses, as permitted by Article IV.
(11 ) Signs, as permitted by Article VII.
(12) Off-street parking and loading, as required by Article VIII .
(13) Golf courses but not including accessory clubhouses or
commercial golf driving ranges ; pitch and putt or miniature
golf courses.
6.5-2 Conditional Uses.
(1 ) Swimming clubs , tennis clubs and clubhouses accessory to
golf courses.
(2) Group care facilities.
(3) Group day care centers and nursery schools.
(4) Public utility uses, as follows, provided that the location
is first approved by the Planning Commission, and provided
further, that a landscape plan or screening plan, if necessary,
is first approved by the Planning Commission.
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(5) YMCA, YWCA and other similar uses , as defined in this Ordinance.
(6) Hospitals, sanitariums , rest homes , and nursing homes , provided
that they shall be screened from adjacent residential property
and shall be located on an arterial street.
(7) Mortuaries and funeral homes.'
(8) Professional offices of doctors, dentists, attorneys , accountants
and other. similar professions.
(9) 'Armories..
(10) Pharmacies when located in a medical or dental office building,
provided they can be entered only from an interior lobby or hallway
and that there is no advertising or display visible from the
exterior of the structure.
6.5-3 Lot Size Requirements.
(1 ) Minimum lot area:
(a) Single-family detached dwellings : 6,000 square feet.
(b) Single-family attached or two-family dwellings not less than
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II
3,750 square feet per family.
(c) Multi-family: 3,000 square feet per family but not less
than 6,000 square feet.
d) Other permitted and conditional uses: 15,000 square feet.
(2) Minimum lot width:
(a) Single-family dwelling: 50 feet.
(b) Two-family dwelling: 50 feet.
(c) Multiple-family dwellings and other permitted and conditional
uses: 60 feet.
(3) Minimum lot depth: 100 feet.
6.5-4 Bulk Regulations.
(1 ) Maximum structure height: 50 feet except as provided in
6.5-4(2)(b)3, below
(2) Yard requirements :
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
yard requirements regardless of whether it is a front,
side, or rear yard, or any combination thereof:
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Minimum side yard:
1 . Residential buildings; 7.5 feet on each side of the
zoning lot, except that residential buildings which
have the entrances to two or more units facing the
side yard shall have a minimum side yard of 10 feet
on the side of the building on which such entrances
are located.
2. All other permitted and conditional uses shall have
a side yard on each side of 20 feet, except accessory
uses which shall be permitted and governed by Article IV.
3. There shall be an additional side yard setback of one
foot for each two feet of height over 40 feet.
(c) Minimum rear yard: 25 feet.
(3) Maximum lot coverage: 40 percent.
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6.6 • R-3. Multiple-Family Residential District. The R-3 District is
designed to provide for multiple-family development at a minimum
of 1 ,000 square feet per dwelling unit with the provision that no
single lot may be less than 6,000 square feet in area. 11
!1
6.6-1 Permitted Uses. �1
(1 ) Single-family dwellings.
(2) Two-family dwellings.
(3) Multi-family dwellings.
(4) Rooming and boarding houses.
(5) Churches, chapels, temples , synagogues, cathedrals, and
shrines.
(6) Family care facilities.
(7) Group care facilities.
(8) Parks and playgrounds.
(9) Schools: primary, intermediate and secondary.
(10) Home occupations.
(11) Accessory and temporary uses , as permitted by Article IV.
(12) Signs, as permitted by Article VII .
(13) Off-street parking and loading, as required by Article VIII .
(14) Golf courses but not including accessory clubhouses or
commercial golf driving ranges , pitch and putt or
miniature golf courses.
6. 6-2 Conditional Uses."
(1 ) Swimming clubs , tennis clubs and clubhouses
accessory to golf courses.
(2) Group day care centers and nursery schools. .
(3) Public utility uses, as follows , provided that the location
is first approved by the Planning Commission, and provided
further, that a landscape plan or screening plan, if
necessary, is first approved by the Planning Commission.
(a) Substations.
(b) Gas regulator stations.
(c) Police and fire stations.
(d) Pumping stations.
(e) Water towers and standpipes.
(4) YMCA, YWCA, and other similar uses , as defined in this
Ordinance.
(5) Hospitals , sanitariums , rest homes , and nursing homes , provided
that they shall be screened from adjacent residential property
and shall be located on an arterial street.
(6) Mortuaries and funeral homes.
(7) Professional offices of doctors , dentists , attorneys, accountants
and other similar professions.
(8) Armories.
(9) 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: 500 square feet per dwelling unit.
(b) Bulk Regulations:
1. Maximum structure height: 150 feet except as provided
• in 6:6-2(9) (b)2 below.
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2. Minimum yard requirements:
Front yard: 30 feet on all sides abutting a
street.
Side yard: 15 feet except there shall be an
additional side yard setback of one
(1 ) foot for each two (2) feet of
height over 50 feet.
Rear yard: 25 feet.
(10) Pharmacies when located in a medical or dental office building,
. orovidedfnej e«2 be entered only from an interior lobby or
nallway and that there is no advertising or display visible
from the exterior of the structure.
6.6-3 Lot Size Requirements.
(1 ) Minimum lot area:
(a) Single-family detached dwellings: 6,000 square feet.
(b) Single-family attached or two-family dwellings not less
than 3,750 square feet per family.
(c) Multi-family: 1 ,000 square feet per family but not less
than 6,000 square feet.
(d) Other permitted and conditional uses : 15,000 square
feet.
(2) Minimum lot width:
(a) Single-family dwelling: 50 feet.
(b) Two-family dwelling: 50 feet.
(c) Multiple-family dwellings and other permitted and conditional
uses: 60 feet.
(3) Minimum lot depth: 100 feet.
6.6-4 Bulk Regulations.
(1 ) Maximum structure height: 75 feet except as provided in 6.6-4 ..(2)(b)3
below.
(2) Yard requirements:
(a) Front yard: Property located adjacent to the following
•
various types of streets shall maintain the following
yard requirements regardless of whether it is a front,
side, or rear yard, or any combination thereof:
1 . Residential street: 25 feet from the property ' ine
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Minimum side yard:
1 . Residential buildings: 7.5 feet on each side of the
zoning lot, except that residential buildings which have
the entrances to two or more units facing the side yard
shall have a minimum side yard of 10 feet on the side of
the building on which such entrances are located.
2. All other permitted and conditional uses shall have a
side yard on each side of 20 feet, except accessory uses
which shall ' be permitted and governed by Article IV.
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• 1�
3. There shall be an additional side yard setback of
one (1 ) foot for each two (2) feet of height over
40 feet.
(c) Minimum rear yard: 25 feet.
(3) Maximum lot coverage: 40 percent.
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)I
I
6.7 MH Mobile Home Park District. The MH District is designed to provide a
district in which the density of development will remain relatively low.
Individual mobile homes will not be allowed on individual zoning lots.
No mobile home park shall be permitted, except when served by an
approved sanitary sewer and water supply system.
6;7-1 Permitted Uses.
(1 ) Mobile home parks.
(2) Customary accessory uses , such as laundry facilities, manager's
office, clubhouse, community buildings . etc.
(3) Churches , chapels , temoles , synagogues , cathedrals and shrines.
(4) Parks and playgrounds.
(5) Schools: primary, intermediate, and secondary.
6.7-2 Conditional Uses.
(1 ) Campgrounds, subject to the regulations specified in 6.7-3 (2) & (3)
below.
6.7-3 Use Regulations.
(1 ) The applicant for a mobile home park shall prepare or cause to
be prepared a Mobile Home Park Plan, which shall accompany the
application for amendment to the MH District. Said plan shall be
drawn to a scale of not less than 1"=100' , and two (2) copies
of the plan shall accompany the application. Such plans shall
comply with the following minimum requirements:
(a) The tract to be used for a mobile home park shall not be
less than two (2) acres in area, unless it is an extension
or addition to an existing park, and shall be permitted only
when served by a. sanitary sewer and water supply system
approved in accordance with City Health Regulations.
(b) A mobile home park shall not be used for other than residential
purposes.
(c) Contours shall be indicated on the plan.
(d) The park shall be located on a well-drained site, properly
graded to insure rapid drainage and freedom from stagnant
pools of water.
(e) Mobile home parks hereafter approved shall have a minimum
area of 5,000 square feet per mobile home, exclusive of
streets and rights-of-way. Each mobile home space shall
provide a minimum area of .4,500 square feet.
(f) Each mobile home park shall devote a minimum of 500 square
feet per mobile home space for recreational or open area.
This recreational or open area may be included in each
mobile home space or may be developed separately. Separate
recreational or open areas shall not be less than 3,500
square feet and required setbacks , roadways, rights-of-way,
and off-street parking spaces shall not be considered as
recreational or open areas. A minimum of 50% of the separate
recreational or open space area shall be constructed or
. provided prior to the development of one-half of the project,
and all recreational facilities or open areas shall be
constructed or provided by the time the project is 75%
developed.
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(g) Each mobile home space shall be at least 40 feet wide
and 100 feet in depth, except in the case of corner lots
which shall provide a minimum width of 45 feet.
(h) All structures shall maintain the following minimum
setbacks:
1 . Residential or private streets: 25 feet from the
property line or 55 feet from the centerline, whichever
is greater.
2. Collector street: 25 feet from the property line or
65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line or
75 feet from the centerline, whichever is greater.
4. "MH" district boundary: 50 feet from the boundary
of any other zoning district unless:
(i ) the boundary is common to a public street, in
which case the setbacks specified in 6.7-3(1 )(h)1 ,2 & 3
above shall apply; or unless
(ii) sight obscuring screening of not less than six (6)
feet in height is provided along the district
boundary, in which case a setback of 25 feet is
required.
(i) All mobile homes shall be located so as to maintain a
clearance of not less than 20 feet from another mobile
home or appurtenance thereto, except when placed end-to-end
there shall be a minimum separation of 12 feet. No mobile
home shall be located closer than 25 feet from any bui;l,ding
within the park, other than accessory buildings located on
the same space.
(j) All mobile home spaces shall front upon an improved roadway
of not less than 24 feet in width , provided, however, that
if parking is permitted on the street, the minimum improved
width shall be increased to 32 feet.
(k) All roadways shall be surfaced with asphalt, concrete, rock,
gravel , or suitable substitute and adequately lighted. '
(1 ) All weather surfaced walks shall be provided between required
parking areas and the structure each area serves.
(m) Vented storm shelters shall be provided in a central or other
convenient location at a rate of 18 square feet per mobile
home space.
(n) Structures shall not exceed 35 feet in height.
(2) The applicant for a campground shall prepare or cause to be-pre-
pared a Preliminary Campground Plan, drawn to a scale of not
less than 1 "=100' , and three (3) copies of said plan shall be
submitted to the Board of Zoning Appeals for their review and
recommendations. Such plans shall comply with the following
minimum requirements:
(a) The tract to be used as a campground shall not be less than two
(2) acres in area and shall be permitted only when served
by a sanitary sewer and water supply system approved in
accordance with City Health Regulations.
(b) Campgrounds shall under no circumstances be utilized for the
occupancy of mobile homes.
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.
(c) Contours shall be indicated on the plan.
(d) The campground shall be located on a well-drained site,
properly graded, where necessary, to insure rapid
drainage and freedom from stagnant pools of water.
(e) Sight obscuring screening of not less than six (6) feet
in height shall be provided between the campground and
any other use or zoning district other than "A-1 ". The
suitability of said screening shall be determined by the
Board of Zoning Appeals.
(1) A minimum setback of 50 feet must be maintained along all
boundaries of the campground unless the boundary is
common to a public street.
(g) Service buildings shall be provided at the rate of one for
each 100 camping spaces. Each service building shall :
1 . Be located in a reasonably central location within the
campground.
2. Be of permanent construction.
3. Have one flush-type toilet, one lavatory, and one shower
or bathtub for females; and one flush-type toilet,
one lavatory, &: one shower or bathtub for males for
each 30 camping spaces. All lavatories, bathtubs, and
showers shall be connected with both hot and cold running
water.
4. Have an accessible, adequate, safe and potable supply
of cold water.
5. Comply with all applicable chapters of the Building Code
regarding the construction of buildings and the
installation of electrical , plumbing , heating, and air
conditioning systems.
• — -j 6. Be maintained in a clean , sanitary condition and kept
free of any condition that will menace the health of
any occupants or the public or will constitute a menace.
(h) Vented storm shelters shall be provided in a central or
other convenient location at the rate of 12 square feet per
designed or intended camping space.
(i ) Structures shall not exceed 35 feet in height.
(3) Upon approval of the Preliminary Campground Plan by the Board
of Zoning Appeals , the applicant shall prepare and submit three (3) .
copies of a Final Campground Plan, which shall incorporate any
changes or alterations requested to the Secretary of the Board
of Zoning Appeals. Upon determination by the Secretary that the
Final Campground Plan accurately reflects the desires of the Board
of Zoning Appeals , an approved 'copy shall be forwarded, within
seven (7) days to the Zoning Administrator, who may issue the
required permits upon proper application.
6.7-4 Compliance. The Mobile Home Park or Campground shall be in compliance
with these regulations and all other applicable regulations of the City
or the State of Kansas.
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1
it
6.7-5 Unused Mobile Home Park. Whenever a property, zoned "MH" ,
ceases to be used for such purposes for a period to two
(2) years, the Planning Commission may initiate action and
hold a public hearing to rezone said property back to a
more appropriate zoning district.
•
•
•
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•
6.8 U. University District. The U District is a zone that is designed
to be used separately as a district zone or in combination with any one or
more of the residential districts. The two principal functions of this
district are: (1 ) to give the University oriented functions more
flexibility than they would have if located in a residential district; (2)
to permit the establishment of the types of uses which ordinarily cluster about
a university, but which are not located on university property. •
6.8-1 Permitted Uses.
(1 ) Art galleries , libraries , and museums.
(2) Colleges , universities and theological schools , including
their buildings owned or leased for administrative and faculty
offices , classrooms , laboratories , chapels, auditoriums , lecture
halls , libraries, student and faculty centers, athletic facilities
and dormitories.
(3) Fraternities and sororities.
(4) Schools: elementary, intermediate and secondary.
(5) Lodging and boarding houses.
(6) Fraternal and service clubs, as defined.
(7) Offices , meeting rooms, laboratories and other facilities for
educational , fraternal , professional , religious and statistical
research organizations and institutions.
(8) Parking lots for passenger automobiles, accessory to uses
permitted in the University District.
6.8-2 Conditional Uses.
(1 ) Private or public parking lots or garages operated for profit
or not for profit, provided that there shall not be any acces-
sory or permitted uses in conjunction with such usq, and that
no parking garage shall exceed 40 feet in height, and provided
further, that all parking lots or garages shall be landscaped
or screened according to a landscape plan or screening plan
which has first been approved by the Planning Commission.
(2) No other conditional uses are permitted, except such conditional
uses as could otherwise be allowed in any residential district
with which this district is combined.
6.8-3 Lot Size Requirements.
(1 ) Minimum lot area:
(a) Colleges , universities and theological school structures:
No minimum requirement.
(b) Structures providing lodging rooms for unmarried students:
375 square feet per lodging room.
(c) All other permitted and conditional uses shall comply
with the minimum lot area required in the residential district
with which the University District is combined.
(2) Minimum lot width:
(a) Colleges , universities, and theological school structures:
No minimum requirement.
(b) All other permitted and conditional uses shall comply with
the minimum lot width required in the residential district
with which the University District is combined.
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•
1
(3) Minimum lot depth:
(a) Colleges , universities and theological school structures:
No minimum requirement.
(b) All other permitted and conditional uses shall comply with
the minimum lot depth required in the residential district
with which the Univeristy District is combined.
6.8-4 Bulk Regulations.
(1 ) When the University District regulations are applied in
combination with the restrictions of any residential district,
then all structures shall comply with the bulk regulations in
the residential district with which the University District is
combined, except that the rear yard may be reduced to eight
feet for parking garages.
(2) There shall be an additional one (1 ) foot setback for each
additional two (2) feet of height over 40 feet.
(3) When the University District is applied as a separate zoning
district, then the following bulk regulations shall apply:
(a) Maximum lot coverage: 30 percent.
(b) Minimum setback: 50 feet from each public street and
from each lot line that adjoins property in any other
zoning district.
(c) Maximum structure height: No limitations.
_59_
- 6.9 C-1 . Restricted Business District. The C-1 District is designed to provide
for a restricted commercial alternative to multiple-family development
adjacent to arterial streets and highways , and at the same time avoid
the typical strip commercial development. To achieve this end, a very
limited number of non-retail businesses are permitted.
6.9-1 Permitted Uses.
(1 ) Business and professional offices , provided that any warehouse
or storage space associated with such offices shall not exceed
50 percent of the gross floor area of the principal structure.
(2) Medical and dental clinics, and guidance centers.
(3) Mortuaries and funeral homes.
(4) The following uses would be permitted when located in an office
building, or medical or dental clinic, provided such uses
could be entered only from an interior lobby or hallway and
there is no advertising or display visible from the exterior
of the structure:
(a) Barber shops.
(b) Beauty shops.
(c) Gift shops.
(d) Newsstands. -
(e) Package liquor stores.
(f) Pharmacies.
(g) Restaurants.
(5) Offices for ministers, rabbis, priests, etc.
(6) Office facilities for salesmen, sales representatives, or
manufacturer's representative, when no retail , wholesale, or
•
exchange of goods are made or transacted on the premises.
(7) Public utility uses, including substations.
• (8) Studios or offices for artists, sculptors , authors , composers,
photographers, or other similar uses.
(9) YMCA, YWCA, and other similar organizations.
(10) Signs, as permitted by Article VII .
(11 ) Accessory and temporary uses, as permitted by Article IV.
(12) Off-street parking and loading as required by Article VIII .
6.9-2 Conditional Uses.
(1 ) Mail order houses.
(2) Research laboratories (limited to research such as medical
research, statistical research, etc. ) .
(3) All permitted uses in the R-3 Djstrict, provided that they
shall be governed by the requirements of the R-3 District.
(4) 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: 500 square feet per dwelling unit.
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(b) Bulk Regulations:
1 1 . Maximum structure height: 150 feet except as provided
in 6.9-2(5)(b)2 below.
2. Minimum yard requirements:
Front yard: 30 feet on all sides abutting a street.
Side yard: 15 feet except there shall be an additional
side yard setback of one (1 ) foot for each
two (2) feet of height over 50 feet.
Rear yard: 25 feet.
3. Maximum lot coverage: 40 percent.
(5) Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is discernible
outside the structure.
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4 6.9-3 Lot Size Requirements.
(1 ) Minimum lot width: 75 feet.
(2) Minimum lot depth: 100 feet.
6.9-4 Bulk Regulations.
(1 ) Maximum structure height: 30 feet, except multiple-family
development which shall be governed by the regulations for
the R-3 Residential District, provided that there shall be
onq dditional foot of setback on the side yards for each
additional twc1)feet of height over 30 feet.
(2) Minimum yard requirements:
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
yard requirements regardless of whether it is a front,
side, or •rear yard, or any combination thereof:
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Minimum side yard: 8 feet on each side.
(c) Minimum rear yard: • 25 feet.
(3) Maximum lot coverage: 30 percent.
6.9-5 Use Limitations.
(1 ) All business, service storage and display of goods shall
be conducted within a completely enclosed structure.
(2) Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any property located in a residential
district and so that no glare is visible to any traffic on
any public street.
(3) Sight obscuring screening of not less than six feet in height
shall be provided along all lot lines that abut a residential
district.
(4) Off-street parking and loading areas associated with the uses
permitted in this district shall not be permitted in any
required front yard.
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•
•
6.10 C-2. Neighborhood Shopping District. The C-2 District
is designed to permit areas of convenience shopping facilities of no less
than one acre so located to serve one or more residential neighborhoods.
6.10-1 Permitted Uses.
(1 ) Apparel stores.
(2) Banksand financial institutions.
(3) Barber shops.
(4) Beauty shops.
(5) Bicycle shops.
(6) Business and professional offices.
(7) Dry cleaning and laundry receiving stations where no proces-
sing or cleaning of clothing is done on the premises.
(8) Food stores, including grocery stores, meat markets, bakeries
and delicatessens.
(9) Florist shops.
(10) Gift shops and variety stores.
(11 ) Hardware stores.
(12) Medical and dental clinics , and guidance centers.
(13) Mortuaries and funeral homes.
(14) Package liquor stores.
(15) Pharmacies.
(16) Public utility uses including substations.
(17) Restaurants , other than drive-in establishments.
(18) Self-service laundries and dry cleaning stores.
•
(19) YMCA, YWCA, and other similar organizations.
(20) Any other similar retail business not specifically listed
in any section is permitted if it complies with the conditions
and restrictions contained in Section 6.10-5.
(21) Accessory and temporary uses, as permitted by Article IV.
(22) Signs, as permitted by Article VII .
(23) Off-street parking and loading, as required by Article VIII .
6.10-2 Conditional Uses.
(1 ) Bus stations.
(2) Telephone exchanges and telephone transmission equipment
structures.
(3) Gasoline service stations and tire, battery and automobile
accessory stores , only if the design of the entrance and exit
drives to such service stations or stores will not create
hazards for vehicular or pedestrian traffic or congestion in
adjacent streets.
(4) Taverns.
(5) 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
multi-family development as required in the R-3 District, except
there shall be one additional foottsetback for each additional
two feet of height over 35 feet. p4
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•
(6) Research laboratories.
(7) Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is discernible
outside the structure.
6.10-3 Lot Size Requirements.
(1 ) Minimum lot width: 75 feet.
(2) Minimum lot depth: 100 feet.
(3) Minimum zoning area: 1 acre, unless contiguous to or within 200 ,
feet of a similar zoning district. The minimum zoning area may
not be varied by more than 10%.
6.10-4 Bulk Regulations.
(1) Maximum structure height: 50 feet.
(2) Yard requirements:
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
yard requirements regardless of whether it is a front,
side or rear yard or any combination thereof:
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line or
65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line or
75 feet from the centerline, whichever is greater.
(b) Side yard: None required, except when a side yard in
this district abuts a residential district a side yard
of 15 feet shall be provided.
(c) Rear yard: None required, except when a rear yard in
this district abuts a residential district a rear yard
of 15 feet shall be provided.
(3) Maximum lot coverage: 35 percent.
6:10-5 Use Limitations.
(1) All business establishments shall be retail or service establish-
ments
dealing directly with consumers. All goals produced on the
premises shall be sold at retail on the premises where produced.
(2) All business , service, storage and display of goods shall he ..--_ ..
conducted within a completely enclosed building, except that
an area equivalent to not more than five percent of the total t'
floor area may be used for open display and sales.
(3) Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any property located in a residential dis-
trict and so that no glare is visible to any traffic on any
public street.
(4) A sight obscuring screening of not less than six feet in height
shall be provided along all property lines that abut a
residential district.
(5) No individual business establishment shall occupy more than
25,000 square feet of floor space.
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6.11 _ C-3. Shopping Center District. The C-3 District is designed
to provide a district of no less than one acre for a relatively broad range
of retail shopping facilities which primarily consist of specialty shops
and stores.
6.11-1 Permitted Uses.
(1 ) Antique.shops.
(2) Apparel stores.
(3) Appliance stores.
(4) Auditoriums and community theatres.
(5) Banks and financial institutions.
(6) Barber shops.
(7) Beauty shops.
(8) Bicycle shops.
(9) Blueprinting and photostating establishments.
(10) Book stores.
(11 ) Business and professional offices.
(12) Camera and photographic supply stores.
(13) Carpet and rug stores.
(14) China and glassware stores.
(15) Department stores.
(16) Dry cleaning establishments.
(17) Drygoods stores.
(18) Florist shops.
(19) Food stores , including grocery stores, meat markets , bakeries,
and delicatessens.
(20) Furniture stores.
(21) Furrier shops , including the incidental storage and conditioning
of furs.
(22) Gasoline service stations.
(23) Gift shops.
(24) Governmental buildings.
(25) Hardware stores.
(26) Hobby shops.
(27) Hotels and motels.
(28) Interior decorating shops , including upholstering, making of
draperies , slipcovers and other similar articles which are
conducted as a part of, or secondary to, a retail operation.
(29) Jewelry stores.
(30) .Leather goods and luggage stores.
(31 ) Mail order houses.
(32) Medical and dental clinics , and guidance centers.
(33) Mortuaries and funeral homes.
(34) Music stores , and musical instrument sales and repair.
(35) Newsstands.
(36) Optical sales.
(37) Package liquor stores.
(38) Paint and wallpaper stores.
(39) Pet grooming shops.
(40) Pet stores.
(41 ) Pharmacies.
(42) Printing plants.
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I -
.
, • (43) Public utility uses including substations.
(44) Research laboratories.
(45) Restaurants , other than drive-in establishments.
(46) Physical and health services such as private gymnasiums and
reducing salons.
(47) Private clubs (clubs and organizations, and fraternal and
service clubs as defined only) .
(48) Radio and television broadcasting stations.
(49) Recording studios.
(50) Restricted production and repair limited to the following:
Alteration and custom tailoring of clothing for retail sale
only; jewelry from precious metal ; watches; dentures; optical
lenses ; and other similar activities.
(51 ) Schools: music, dance or business.
(52) Self-service laundry and dry cleaning.
(53) Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is discernible
outside the structure.
(54) Sporting goods stores.
(55) Tailors.
(56) Telephone exchanges and telephone transmission equipment
structures.
(57) Theaters, indoor only.
(58) Travel bureaus and transportation ticket offices.
(59) Variety stores.
(60) Any other similar retail business not specifically listed is
permitted if it complies with the conditions and the restrictions
contained in Section 6.11-5 .
(61 ) Accessory and temporary uses , as permitted by Article IV.
(62) Signs, as permitted by Article VII .
(63) Off-street parking and loading, as required by Article VIII .
6.11-2 Conditional Uses.
(1 ) 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
multi-family development as required in the R-3 Residential
District, except that there shall be one additional footvsetback
for each additional two feet of height over 35 feet. 6f
(2) Taverns. _
(3) Contractor's office.
(4) 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: 500 square feet per dwelling unit.
(b) Bulk Regulations :
1 . Maximum structure height: 150 feet except as provided
in Section 6.11-2.
2. Minimum yard requirements:
Front yard: 30 feet on all sides abutting a street.
Side yard: 15 feet except there shall be an additional
side.yard setback of one (1 ) foot for each two (2) feet
of height over 50 feet.
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Rear yard: 25 feet.
3. Maximum lot coverage: 40 percent.
(4) Bus stations.
6.11-3 Lot Size Requirements. No minimum, but zoning district must be a
minimum of one acre, unless contiguous to or within 200 feet of a
similar district. The minimum zoning area may not be varied by more than
10%.
6.11-4 Bulk Regulations.
(1 ) Maximum structure height: 35 feet.
(2) Yard requirements:
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
yard requirements regardless of whether it is a front,
side, or rear yard, or any combination thereof.
1 . Residential street: 25 feet from the property line
or 55 feet from the centerline, whichever is greater.
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is greater.
3. Arterial street: 25 feet from the property line
or 75 feet from the centerline, whichever is greater.
(b) Side yard: None required, except when a side yard abuts
a residential district there shall be a setback of 15 feet.
(c) Rear. yard: None required, except where any side and/or„
rear yard abuts a residential district, then a landscaped
side and/or rear yard shall be provided along such side
and/or rear yard that is 15 feet in width.
6.11-5 Use Limitations.
(1 ) All business establishments shall be retail or service establish-
ments dealing directly with the consumer. All goods produced
on the premises shall be sold at retail on the premises where
produced.
(2) All business , service, storage and display of goods shall be
conducted within a completely enclosed building, except as
provided by this Ordinance.
(3) No business establishment shall offer or sell food or
beverages for consumption on the premises in parked motor- vehicles.
(4) Exterior lighting fixtures shall be shaded so that no direct
light is cast upon any property located in a residential district
and so that no glare is visible to any traffic on any public
street.
(5) A sight obscuring screening of not less than six feet in height
shall be provided along all property lines that abut a residential
district.
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, 6.12 C-4. Central Business District. The C-4 District is
designed to provide a district for a broad range of retail shopping.
facilities.
6.12-1 Permitted Uses.
(1 ) Antique shops.
(2) Auditoriums and community theaters.
(3) Automobile sales , rental , and service.
(4) Auto parts stores.
(5) Apparel stores.
(6) Appliance stores.
(7) Art galleries, libraries , and museums.
(8) Banks and financial institutions.
(9) Barber shops.
(10) Beauty shops.
(11 ) Bicycle shops.
(12) Book stores.
(13) Blueprinting and photostating establishments.
(14) Bus stations.
(15) Business and professional offices.
(16) Camera and photographic supply stores.
(17) Carpet and rug stores.
(18) China and glassware stores.
(19) Contractor's office.
(20) Department stores.
(21 ) Dry cleaning establishments.
(22) Drygoods stores.
• (23) Electrical contractors.
(24) Electronic parts and supplies.
(25) Florist shops.
(26) Food stores , including grocery stores, meat markets , bakeries ,
and delicatessens.
(27) Fraternal and service clubs.
(28) Furniture stores.
(29) Furrier shops , including the incidental storage and conditioning
of furs.
(30) Gasoline service stations.
(31 ) Gift shops.
(32) Governmental buildings.
(33) Hardware stores.
(34) Hobby shops. /
(35) Hospitals , sanitariums, rest homes, and nursing homes/ pm/0'1 "IAA/ P•""AN-1
Yac
(36) Hotels and motels. t's(
d c:e;attpd�r .•t �
(37) Interior decorating shops, including upholstering, making of s,,cb"" a:l-j•
draperies , slipcovers and other similar articles which are
conducted as a part of, and secondary to, a retail operation.
(38) Jewelry stores.
(39) Leather goods and luggage stores.
(40) Mail order houses.
(41 ) Mechanical contractors.
(42) Medical and dental clinics, and guidance centers.
(43) Mortuaries and funeral homes.
(44) Music stores , and musical instrument sales.
(45) Newspaper (offices and printing) .
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` I
(46) Newstands.
(47) Office equipment and supply.
(48) Optical sales.
(49) Package liquor stores.
(50) Paint and wallpaper stores.
(51 ) Parking garages and lots.
(52) Pawn shops.
(53) Pest control and exterminators.
(54) Pet grooming shops.
(55) Pet stores.
(56) Pharmacies.
(57) Physical and health services such as private gymnasiums and
reducing salons.
(58) Private clubs.
(59) Printing plants.
(60) Public utility uses including substations.
(61 ) Radio and television broadcasting stations.
(62) Radio and television repair shops.
(63) Recording studios.
(64) Restaurants , other than drive-in -establishments.
(65) Restricted production and repair limited to the following:
Alteration and custom tailoring of clothing for retail sale
only; jewelry from precious metal ; watches; dentures;
optical lenses; and other similar activities.
(66) Schools: music, dance or business.
(67) Self-service laundry and dry cleaning.
(68) Shoe repair shops.
(69) Small animal hospitals, providing that such facility is completely
enclosed and that no odor or noise is discernible outside the
structure.
(70) Sporting goods stores.
(71 ) Tailor shops.
(72) Taverns.
(73) Telephone exchanges and telephone transmission equipment structures.
(74) Theaters , indoor only.
(75) Travel bureaus and transportation ticket offices.
(76) YMCA, YWCA, and other similar organizations.
(77) Variety stores.
(78) Any other similar retail business not specifically listed is
permitted if it complies with the conditions and the restrictions
contained in Section 6.12-5.
(79) Accessory and temporary uses, as permitted by Article IV.
(80) Signs , as permitted by Article •VII .
(81) Off-street parking and loading, as required by Article VIII .
6.12-2 Conditional Uses.
(1 ) Multiple-family dwellings, provided that such development
shall comply with the R-3 Multi-Family Residential District
requirements for multiple-family dwellings.
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li
(2) 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: 500 square feet per dwelling unit.
(b) Bulk Regulations:
1 . Maximum structure height: 150 feet except as provided
in.. 6.12-2(b)2 below.
2. Minimum yard requirements:
Front yard: 30 feet on all sides abutting a street.
Side yard: 15 feet except there shall be an additional
side yard setback of one (1 ) foot for each
two (2) feet of height over 50 feet.
Rear yard: 25 feet.
3. Maximum lot coverage: 40 percent.
(3) Storage in bulk of, or warehouse for such materials as : clothing,
drugs, dry goods , food, furniture, glass, groceries , hardware,
household goods , liquor or alcoholic beverages, lubricating oil ,
millinery, paint, paint materials , pipe, rubber, shop supplies ,
tobacco, turpentine, and varnish.
(4) Testing and research laboratories.
(5) Wholesale offices and sample rooms.
6.12-3 - Lot Size Requirements. No minimum requirements.
6.12-4 Bulk Regulations.
(1 ) Maximum structure height: No limitations.
(2) Yard requirements:
(a) Front yard: none
• (b) Side yard: None required; except as provided below.
(c) Rear yard: None required, except as provided below.
(d) Where any side and/or rear yard abuts a residential
district, a landscaped side and/or rear yard shall be
provided along such side and/or rear yard that is 10
feet in width.
(3) Maximum lot coverage: 100 percent.
6.12-5 Use Limitations.
(1 ) All business establishments shall be retail or service
establishments dealing directly with consumers. All goods
produced on the premises shall be sold at retail on the
premises where produced. No products produced in this
district shall be of a nature that they would be classified
as a permitted use in the I-2 or I-3 Districts if produced
separately from a use permitted in this District.
(2) All business, service, storage and display of goods shall be
conducted within a completely enclosed building, except as
provided by this Ordinance. ..
(3) No business establishment shall offer or sell food or beverages
for consumption on the premises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded so that no direct
• light is cast upon any property located in a residential
district and so that no glare is visible to any traffic on any
public street. .
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.
6.13 C-5. Service Commercial District. The •`C-5 District is
designed for those business and commercial uses which draw their customers
from motorists on the highway, or for whom a location on a highway or
arterial street is especially useful or necessary. Although some of the
typical retail uses are permitted in other commercial districts ,
most of these permitted in this district would not blend well into a
prime retail area.
6.13-1 Permitted Uses.
(1) Ambulance services.
(2) Automotive parts , wholesale.
(3) Automobile rental , sales and service.
(4) Automotive sales , service and parts.
(5) Banks and financial institutions.
(6) Barber shops.
(7) Beauty shops.
(8) Bicycle shops.
(9) Boat sales, rental and service.
(10) Bonding agencies.
(11 ) Bowling alleys.
(12) Business and professional offices.
(13) Car washes. •
(14) Carpet and rug stores.
(15) Commercial off-street parking as a principal use.
(16) Contractor's office.
(17) Equipment sales and rental , not including heavy equipment
type such as bulldozers and cranes.
(18) Food stores and delicatessens.
(19) Furniture stores.
(20) Garden stores , greenhouses and nurseries.
(21 ) Gasoline service stations.
(22) Gift and souvenir shops.
(23) Hardware stores.
(24) Motels and hotels.
(25) Package liquor stores.
(26) Paint and wallpaper stores.
(27) Pawn shops.
(28) Pest control and exterminators.
(29) Pharmacies.
(30) Pitch and putt, and miniature golf.
(31 ) Printing plants.
(32) Private clubs , .
(33) Public utility uses including substations.
(34) Recreational vehicle rental , sales and service.
(35) Restaurants , including drive-in establishments , serving
food or beverages to customers for consumption on the
premises or in parked motor vehicles.
(36) Self-service laundry and dry cleaning establishments.
(37) Service and fraternal clubs and lodges.
(38) Small animal hospitals , providing that such facility is completely
enclosed and that no odor or noise is discernible outside the
structure.
•
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(39) Sporting goods stores.
(40) Truck sales and service.
(41) Variety stores.
(42) YMCA, YWCA, and other similar organizations.
(43) Any other similar uses not specifically listed are
permitted if they comply with the conditions and
restrictions contained in Section 6. 13-5.
(44) Accessory and temporary uses, as permitted by
Article IV.
(45) Signs, as permitted by Article VII.
(46) Off-street parking and loading, as required by
Article VIII .
6.13-2 Conditional Uses ..
(1) Telephone exchanges and telephone transmission
equipment structures.
(2) Outdoor theaters.
(3) Animal hospitals, provided that all pens shall be in
an enclosed structure.
(4) Amusement parks and skating rinks.
(5) Taverns.
(6) Lumber yards.
6.13-3 Lot Size Requirements.
(1) Minimum lots width: 75. feet.
(2) Minimum lots depth: 100 feet.
6. 13-4 Bulk Regulations.
(1) Maximum struture height: 40 feet.
(2) Yard requirements:
(a) Minimum front yard: Property located adjacent
to the various types of streets shall maintain
the following yard requirements regardless of
whether it is a front, side, rear or any com-
bination thereof:
1. Residential street: 25 feet or 55 feet from
the centerline, whichever is, greater.
2. Collector street: 25 feet or 65 feet from
the centerline,
3. Arterial street: 25 feet or 75 feet from
the centerline, whichever is greater.
(b) No side on rear yard setback shall be required
other than under the conditions specified in
Section 6. 13-4(2)(a) above, except that when
• located adjacent to property in a residential
district there shall be a setback of 10 feet.
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.
(c) Each motel and hotel shall have a minimum side
yard on each side of the zoning lot of not less
than 10 feet, and a minimum rear yard of not less
than 20 feet.
(d) Gasoline pumps , air and water service and other
fixtures used in connection with gasoline service
stations shall be located no less than 12 feet
from the property line of any street or road
on which the service station abuts.
(e) Sight obscuring screening of not less than
six feet in height shall be provided along all
lot lines that abut a residential district.
(3) Maximum lot coverage: 50 percent.
6.13-5 Use Limitations
(1) No structure shall be used for residential purposes except
for the use of,the owner or operator of the business
located on the premises and except that accommodation
may be offered to transient public by motels and hotels.
(2) All outdoor storage and vehicles in operating condition
and off-street parking and loading spaces shall be
• enclosed by screening as provided in Section 6. 13-4
(3)(e) . Off-street parking and loading spaces
and the storage of automobiles and other motor vehicles
in operating condition shall be so enclosed when such
use abuts on a residential district at a side or a
rear lot line or is separated from the district only
by an alley.
(3) All business establishments shall be retail or
service establishments dealing directly with consumers ,
except wholesale when permitted as a conditional use.
All goods produced on the premises shall be sold on
the premises where produced..
'4) Exterior lighting fextures shall be shaded wherever
necessary to avoid casting direct light on any
property located in a residential district.
(5) Drive-in establishments offering food or services
directly to customers waiting in parked motor
vehicles shall screen the space allocated for
customers and motor vehicles in the same manner
as is required in Section 6.13-5(2) above.
•
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6.14 C-6. Heavy Commercial District. The C-6 District is designed for commercial
uses which deal with the sale and/or service of heavy equipment or products.
6.14-1 Permitted Uses.
(1) Agricultural implement sales and service.
(2) Ambulance services.
(3) Amusement parks and skating rinks.
(4) Animal hospitals, provided that all pens shall be in an
enclosed structure.
(5) Antique shops.
(6) Apparel stores.
(7) Appliance stores.
(8) Armories.
(9) Auditoriums and community theatres.
(10) Automobile and truck sales and rental , including accessory repair
and painting operations and facilities, provided that all such
operations of facilities shall comply with all the use limitations.
in Section 6.14.5.
(11 ) Automotive parts, wholesale.
(12) Automotive sales , service, and parts.
(13) Banks and financial institutions.
(14) Barber shops.
(15) Beauty shops.
(16) Bicycle shops.
(17) Boat sales , rental , and service.
(18) Bonding agencies.
(19) Book stores.
(20) Blueprinting and photostating establishments.
(21 ) Bowling alleys.
(22) Business and professional offices.
(23) Camera and photographic supply stores.
(24) Car washes.
(25) Carpet and rug stores.
(26) China and glassware stores.
(27) Commercial off-street parking as a principal use.
(28) Contractor's office.
(29) Department stores.
(30) Dry cleaning establishments.
(31 ) Drygoods stores.
(32) Electrical contractors.
(33) Electronic parts and supplies.
(34) Equipment sales and rental . '
(35) Florist shops.
(36) Food stores and delicatessens.
(37) Fraternal and service clubs.
(38) Furniture stores.
(39) Furrier shops.
(40) Garden stores, greenhouses and nurseries.
(41 ) Gasoline service stations.
(42) Gift and souvenir shops.
(43) Governmental buildings.
(44) Hardware stores.
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.
(45) Hobby shops.
(46) Hospitals , sanitariums , rest homes , and nursing homes.
(47) Hotels and motels.
(48) Interior decorating shops , including upholstering, making of
draperies, slipcovers and other similar articles.
(49) Jewelry stores.
(50) Leather and luggage stores.
(51 ) Lumber yards.
(52) Mail order houses.
(53) Mechanical contractors.
(54) Medical and dental clinics , and guidance centers.
(55) Mobile home and trailer sales and rental , but not including
the use of any mobile home as a residence.
(56) Mortuaries and funeral homes.
(57) Music stores and musical instrument sales.
(58) Newspaper offices and printing.
(59) Newsstands. .
(60) Office equipment and supply.
(61 ) Optical sales.
(62) Package liquor stores.
(63) Paint and wallpaper stores.
(64) Parking garages and lots.
(65) Pawn shops.
(66) Pest control and exterminators.
(67) Pet grooming shops.
(68) Pet stores.
(69) Pharmacies.
(70) Physical and health services.
(71 ) Private clubs.
(72) Printing plants.
(73) Public utility uses, including substations.
(74) Radio and television broadcasting stations.
(75) Radio and television repair shops.
(76) Recording studios.
(77) Recreational vehicle rental , sales and service.
(78) Restaurants, including drive-in establishments.
(79) Restricted production and repair limited to the following:
alteration and custom tailoring of clothing for retail sale
only; jewelry from precious metal ; watches; dentures; optical
lenses; and other similar activities.
(80) Schools: music, dance, or business .
(81 ) Self service laundry and dry cleaning.
(82) Shoe repair shops. .
(83) Sporting goods stores.
(84) Tailor shops.
(85) Taverns.
(86) Telephone exchanges and telephone transmission equipment structures.
(87) Theatres , indoor only.
(88) Travel bureaus and transportation ticket offices.
(89) YMCA, YWCA, and other similar organizations.
(90) Variety stores.
(91 ) Any other similar retail business not specifically listed is
permitted if it complies with the conditions and the restrictions
contained in Section 6.14-5.
(92) Accessory and temporary uses , as permitted by Article IV.
(93) Signs as permitted by Article VII .
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(94) Off-street parking and loading, as required by Article VIII .
6.14-2 Conditional Uses.
(1 ) Outdoor theatres.
(2) Tire repair shops, recapping, etc.
6.14-3 . Lot Size Requirements.
(1 ) Minimum lot width: 75 feet.
(2) Minimum lot depth: 100 feet.
6.14-4 Bulk Regulations.
(1 ) Maximum structure height: 50 feet.
(2) Yard requirements:
(a) Front yard: Property located adjacent to the following
various types of streets shall maintain the following
yards regardless of whether it is a front, side or rear
yard or any combination thereof:
1 . Residential street : 25 feet from the property
line or 55 feet from the centerline, whichever is
greater. .
2. Collector street: 25 feet from the property line
or 65 feet from the centerline, whichever is
greater. .
3. Arterial street: 25 feet from the property line or
75 feet from the centerline, whichever is greater.
(b) No side or rear yard setback shall be required other than
under the conditions specified in Section 6.14-4(2)(a)
above, except that when located adjacent to property
in a residential district there shall be a setback
of 10 feet.
(c) Each motel and hotel shall have a minimum side yard on
each side of the zoning lot of not less than 10 feet,
and a minimum rear yard of not less than 20 feet.
(d) Gasoline pumps, air pumps , and water service :-d other
fixtures used in connection with gasoline service
stations shall be located not less than 12 feet from the
property line of any street or road on which the service
station abuts.
(3) Maximum lot coverage: 50 percent.
6.14-5 Use Limitations.
(1 ) No structure shall be used for residential purposes except
for a security guard or night watchman or the owner and
operator of the business located on the premises.
(2) All outdoor storage including off-street parking spacesshall
be enclosed by screening from adjacent property located in
• a residential district.
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(3) All lighting shall be so located to avoid casting direct
light upon any property located in a residential district.
(4) Sight obscuring screening of not less than six feet in
height shall be provided along all lot lines that abut a
residential district.
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6.15 I-1 . Industrial Park District. The I-1 District is
designed to permit a broad range of industrial activities within certain
limitations. The uses permitted in this district are required to be
in an enclosed structure and all premises are to be landscaped according
to an approved landscape plan. All walks, drives and parking areas shall
be all-weather surfaced.
6.15-1 Permitted Uses.
ii
(1 ) Adding machine manufacture. I!
(2) Armories.
(3) Artificial flower manufacture.
(4) Automobile assembly.
(5) Automobile and truck washes.
(6) Automobile rental agency.
(7) Automobile repair (no wrecking yard) .
(8) Bakery, wholesale.
(9) Beverage manufacturing and bottling (excluding malts and spirits) .
(10) Bicycle manufacture.
(11 ) Blacksmith (no salvage yard).
(12) Boat sales , rental and service.
(13) Book publishing.
(14) Boot and shoe manufacture.
(15) Bottling works.
(16) Broom manufacture.
(17) Building materials yard.
(18) Business, professional and administrative offices.
(19) Cabinet maker.
(20) Candy manufacture.
(21 ) Canning and preserving factory.
(22) Cap and hat manufacture.
(23) Carpenter shop.
(24) Carpet cleaning.
(25) Cleaning and pressing.
(26) Clock factory.
(27) Clothing manufacture.
(28) Coffin manufacture.
(29) Cold storage warehouse.
(30) Commission house.
(31 ) Concrete burial vault company.
(32) Condensed milk manufacture.
(33) Contractor's storage yard and offices.
(34) Cosmetic manufacture.
(35) Creamery, wholesale.
(36) Dairy, wholesale.
(37) Dental laboratory.
(38) Drug manufacture.
(39) Dry cleaning establishment.
(40) Drygoods, wholesale.
(41 ) Dyeing and cleaning.
(42) Electrical repair.
(43) Electrical sign manufacture.
(44) Enameling and painting.
(45) Engraving plant.
(46) Envelope manufacture.
(47) Express storage and delivery station.
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(48) Feed and seed stores.
(49) Feed manufacture.
(50) Feed, wholesale.
(51 ) Flour and grain storage and elevators.
(52) Food products manufacture.
(53) Frozen food lockers.
(54) Fruit and vegetable drying.
(55) Fur warehouse.
(56) Furniture warehouse/storage.
(57) Garage, repair.
(58) Garment factory.
(59) Grain elevator.
(60) Greenhouses , retail and wholesale.
(61 ) Grocery store, wholesale.
(62) Gymnasium outfit manufacture.
(63) Hangars with repair facilities.
(64) Hat cleaning.
(65) Hatchery.
(66) Hay, grain, feed, wholesale.
(67) Ice cream manufacture.
(68) Ice manufacture.
(69) Jewelry manufacture.
(70) Knit goods manufacture.
(71 ) Laboratories.
(72) Laundry.
(73) Limb (artificial ) manufacture.
(74) Lime and cement warehouse.
(75) Loose leaf book manufacture.
(76) Lumber yard.
(77) Macaroni manufacture.
(78) Machinery and implement sales , storage, and repair.
(79) Mattress manufacture.
(80) Medicine manufacture.
(81 ) Metal fabrication and assembly.
(82) Milk bottling plant.
(83) Milk depot, wholesale.
(84) Millinery making.
(85) Mineral distillation and bottling.
(86) Mobile home sales and service.
(87) Motorcycle repair.
(88) Moving company, with. storage facilities.
(89) Newspapers, office and printing.
(90) Office building on same site as industry (factory) .
(91 ) Office equipment and supply manufacture.
(92) Optical goods manufacture.
(93) Organ manufacture.
(94) Overall manufacture.
(95) Paper products manufacture.
(96) Pencil factory.
(97) Perfumery.
(98) Pest control and exterminators.
(99) Pharmaceutical products manufacture.
(100) Phonograph manufacture.
(101 ) Photo engraving company.
(102) Piano manufacture.
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(103) Popcorn factory.
(104) Plumbing shop.
(105) Printing press.
(106) Produce warehouse.
(107) Public utility plants and services, including substations.
(108) Publishing company.
(109) Pump station.
(110) Radio manufacture.
(111 ) Recreational vehicle, rental , sales and service.
(112) Refrigerator manufacture.
(113) Relay station (radio, television, etc. ).
(114) Research facilities.
(115) Rug cleaning.
(116) Saddlery 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) Taxi cab storage, repair.
(130) Tea and spice packing.
(131 ) Television aerials (classed with building to which attached).
(132) Television manufacture.
(133) Television sending or relay towers.
(134) Textile manufacture. •
(135) Thermometer or thermostat manufacture.
(136) Tin products, wholesale.
(137) Tinsmith shop.
(138) Tire repair shop, recapping, etc.
(139) Transfer company, baggage storage.
(140) Truck sales, rental and service.
(141 ) Truck terminals.
(142) Trunk manufacture.
(143) Upholstery manufacture.
(144) Vulcanizing shop (rubber) .
(145) Wallpaper manufacture. •
(146) Warehouse.
(147) Washing machine manufacture.
(148) Watch manufacture.
(149) Water company appurtenances.
(150) Waterproofing treatment and manufacture.
(151 ) Welding shop (no salvage yard).
(152) Wholesale houses.
(153) Wholesale produce storage and market.
(154) Window shade manufacture.
(155) Wire brush manufacture.
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(156) Wood products manufacture.
(157) Woodworking shops,
(158) Woven goods manufacture.
(159) Worsted goods manufacture.
(160) Accessory and temporary uses, as permitted by Article IV.
(161 ) Signs , as permitted by Article VII .
(162) Off-street parking and loading, as required by Article VIII .
6.15-2 Conditional Uses. None.
6.15-31 Lot Size Requirements.
(1 ) Minimum lot width: 100 feet.
(2) Minimum lot depth: 150 feet.
(3) Minimum zoning area: One acre, unless contiguous to or within
200 feet of a similar district. The minimum zoning area may
not be varied by more than 10%.
6.15-4 Bulk Regulations.
(1 ) Maximum structure height: 50 feet.
(2) Yard requirements :
(a) Front yard: 35 feet on all sides abutting a street,
• except when located adjacent to an arterial street,
there shall be a setback of 75 feet from the street
centerline. The greater distance shall prevail .
(b) Side yard: 20 feet.
(c) Rear yard: 20 feet.
(3) Maximum lot coverage: 35 percent.
6.15-5 Use Limitations.
(1 ) All operations , activities and storage shall be conducted wholly
inside of a building or buildings, unless the nearest point of
such operation or activity is more than 200 feet from the boundary
of any zoning district other than an I-1 , I-2, or I-3
District and except that storage may be maintained outside the building
in side yards or rear yards if such storage area is separated from
streets and other property (except property located in an
I-1 , I-2 or I-3 District) by screening of not less than six feet in
height. • -
(2) No retail sales or services shall be permitted except incidental
or accessory to a permitted use..
(3) Servicing and maintenance of vehicles shall be permitted only
when such is necessary to the conduct of a permitted use.
(4) All premises in an I-1 District shall be furnished with all-weather
hard surface walks and, except for parking areas , the grounds
shall be planted and landscaped according to a landscape plan
which shall be filed in the Zoning Administrator's Office.
(5) If a lot in an I-1 District adjoins a residential district,
screening shall be provided at the lot lines sufficient to
protection a year-round basis , the privacy of adjoining residential
uses.
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(6) No building shall be used for residential purposes except
that a watchman may reside on the premises.
(7) Exterior lighting shall be shaded so that no direct light
is cast upon any property located in a residential district or
upon any street where glare is visible to traffic.
1
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6.16 I-2. Light Industrial District. The I.2 District is designed to
■ permit industrial activities of a limited nature. This includes uses ■
which in many cases are compatible with adjacent use districts.
6.16-1 Permitted Uses.
(1 ) Any retail or commercial use, except those listed as
conditional uses in the I-2 or I-3 Districts.
(2) Adding machine manufacture.
(3) Armories.
(4) Artificial flower manufacture.
(5) Automobile assembly.
(6) Automobile and truck washes.
(7) Automobile rental agency.
(8) Automobile repair (no wrecking yards).
(9) Bakery, wholesale.
(10) Beverage manufacture 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) Chicken hatchery.
(25) Cleaning and pressing.
(26) Clock factory.
(27) Clothing manufacture.
(28) Coffin manufacture.
(29) Cold storage warehouse.
(30) Commission house.
(31 ) Concrete burial vault company.
(32) Condensed milk manufacture.
(33) Contractor's storage yard and offices.
(34) Cosmetic manufacture.
(35) Creamery, wholesale.
(36) Dairy, wholesale.
(37) Dental laboratory.
(38) Drug manufacture.
(39) Dry cleaning establishment.
(40) Drygoods , wholesale.
(41 ) Dyeing and cleaning.
(42) Electrical repair.
(43) Electric sign manufacture.
(44) Enameling and painting.
(45) Engraving plant.
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(46) Envelope manufacture.
(47) Express storage and delivery station.
(48) Feed and seed stores.
(49) Feed manufacture.
(50) Feed, wholesale.
(51 ) Flour and grain storage and elevators.
(52) Food products, manufacture.
(53) Frozen food lockers.
(54) Fruit and vegetable drying.
(55) Fur warehouse.
(56) Furniture warehouse/storage.
(57) Garage, repair.
(58) Garment factory.
(60) Greenhouses , retail and wholesale.
(61 ) Grocery store, wholesale.
(62) Gymnasium outfit manufacture.
(63) Hangars with repair facilities.
(64) Hat cleaning.
(65) Hatchery.
(66) Hay, grain, feed, wholesale.
(67) Ice cream manufacture.
(68) Ice manufacture.
(69) Jewelry manufacture.
•
(70) Knit goods manufacture.
(71 ) Laboratories.
- (72) Laundry.
(73) Limb (artificial ) manufacture.
(74) Lime and cement warehouse.
(75) Loose leaf book manufacture.
(76) Lumber yard.
(77) Macaroni manufacture.
(78) Machinery and implement sales , rental , storage, and repair.
(79) Mattress manufacture.
(80) Medicine manufacture.
(81 ) Metal fabrication and assembly.
(82) Milk bottling plant.
(83) Milk depot, wholesale.
(84) Millinery
(85) Mineral distillation and bottling.
(86) Mobile home sales and service.
(87) Motorcycle repair.
(88) Moving company, with storage •facilities.
(89) Newspapers , office and printing.
(90) Office building on same site as industry (factory) .
(91 ) Office equipment and supply manufacture.
(92) Optical goods manufacture.
93) Organ manufacture.
94) Overall manufacture.
95) Paper products manufacture.
(96) Pencil factory.
(97) Perfumery.
(98) Pest control and exterminators.
(99) Pharmaceutical products manufacture.
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(100) Phonograph manufacture.
(101 ) Photo engraving company.
(102) Piano manufacture.
(103) Popcorn factory.
(104) Plumbing shop.
(105) Printing plants.
(106) Produce warehouse.
(107) Public utility plants and services, including substations.
(108) Publishing company.
(109) Pump station.
(110) Radio manufacture.
(111 ) Refrigerator manufacture.
(112) Refuse services.
(113) Relay station (radio, television, etc.) .
(114) Research facilities.
(115) Rug cleaning.
(116) Saddlery 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) Taxi cab storage, repair.
(130) Tea and spice packing.
(131 ) Television aerials (classed with building to which attached. )
(132) Television manufacture.
(133) Television sending or relay towers.
(134) Textile manufacture.
(135) Thermometer or thermostat manufacture.
(136) Tin products , wholesale.
(137) Tinsmith shop.
(138) Tire repair shop, recapping, etc.
(139) Transfer company, baggage storage;
(140) Truck sales, service, and rental .
(141 ) Truck terminals.
(142) Trunk manufacture.
(143) Upholstery manufacture.
(144) Vulcanizing shop (rubber) .
(145) Wallpaper manufacture.
(146) Warehouse.
(147) Washing machine manufacture.
(148) Watch manufacture.
(149) Water company appurtenances.
(150) Waterproofing treatment and manufacture.
(151 ) Welding shop (no salvage yard) .
(152) Wholesale houses.
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153 Wholesale produce storage and market.
( ) P 9
(154) Window shade manufacture.
(155) Wire brush manufacture.
(156) Wood products manufacture.
(157) Woodworking shops.
(158) Woven goods manufacture.
(159) Worsted goods manufacture.
(160) Accessory and temporary uses, as permitted by Article IV.
(161 ) Signs, as permitted by Article VII .
(162) off-street parking and loading, as required by Article VIII.
(163) Any other similar industrial use, provided that it complies
with the limitations in Section 6.16-5.
6.16-2 Conditional Uses. None.
6.16-3 Lot Size Requirements.
(1 ) Minimum lot area: 5,000 square feet.
(2) Minimum lot width: 50 feet.
(3) Minimum lot depth: 100 feet.
6.16-4 Bulk Regulations.
(1 ) Maximum structure height: No limitation.
(2) Minimum yard requirements:
(a) Minimum front yard: 25 feet on all sides abutting a
street, except when located adjacent to an arterial street
there shall be a setback of 75 feet from the street
centerline, The greater distance shall prevail .
• (b) Side yard: No minimum requirement, but if a side yard
abuts a residential district a side yard of 10 feet
shall be provided.
(c) Minimum rear yard: No minimum requirement, but if a rear
yard abuts a residential district.a rear yard of 10 feet
shall be provided.
(3) Maximum lot coverage: 50 percent.
6.16-5 Use Limitations.
(1 ) All operations , activities and storage shall be conducted
wholly inside of a building, or buildings, unless the nearest
point of such operation or activity is more than 200 feet
from the boundary of any other zoning district other than an
I-2 or I-3 District and except that storage may be maintained
outside the building in side yards or rear yards if such
storage area is separated from public streets and other
property (except property located in an I-2 or I-3 District)
by screening of not less than six feet in height.
(2) Servicing and maintenance ofvehicles shall be permitted only
when such is necessary to the conduct of a permitted use.
(3) If a lot in an I-2 District adjoins a residential district,
screening of not less than six feet in height shall be pro-
vided at the lot lines sufficient to protect, on a year—
round basis , the privacy of adjoining residential uses.
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•
. (4) No building shall be used for residential purposes except
that a watchman may reside on the premises.
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1
6. 17 I-3. Heavy Industrial District. The I-3 District is designed
I ,
for those industries which are apt to have an extensive impact on the 1 e
surrounding area. If possible, I-3 Districts should be separated from ;.
residential districts and the more restricted business districts by I
intervening or restrictive industrial or commercial zones. It
6.17-1 Permitted Uses. I 1
(1 ) Any retail or commercial use except those listed as conditional
in Section 6.17-2 below. ! ,_
(2) All permitted uses in the I-2 District. I !'
(3) Airplane repair and manufacture.
(4) Automobile manufacturing. I I'
(5) Bag cleaning. . 1
(6) Bank equipment manufacture. 1
(7) Barrel manufacture.
(8) Beet sugar manufacture. II
(9) Beverage manufacture and bottling.
(10) Bleaching powder manufacture. f
(11 ) Blooming mill . 1'
(12) Blueing manufacture. I
(13) Boat manufacture. 1
- (14) Box manufacture. 4
(15) Brass foundry.
(16) Brewery.
(17) Brick yard and kiln. I
(18) Bronze manufacture. 1.
(19) Brush manufacture. :
(20) Can manufacture. 1
. (21) Candle manufacture.
(22) Car manufacture. i
(23) Car wheel foundry. 1
(24) Cast iron pipe manufacture. j
(25) Casting foundry.
(26) Celluloid manufacture.
(27) Chalk manufacture.
(28) Charcoal manufacture and pulverizing.
(29) Cheese manufacture.
(30) Chocolate and cocoa products.
(31 ) Cider and vinegar manufacture. is
(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. E
39) Culvert pipe manufacture. r:
(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. 6
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1 (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.
(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 .
(66) Machine shop.
(67) Machinery manufacture.
(68) Mail box manufacture.
(69) Malt products manufacture.
(70) Meat cutter and coffee grinder manufacture.
(71 ) Meat packing plant.
(72) Metal polish manufacture.
(73) Metal weather—stripping manufacture.
(74) Milling company.
(75) Monument works.
(76) Motorcycle manufacture.
(77) Nail manufacture.
(78) Needle manufacture.
(79) Oilcloth manufacture.
(80) Packing (meat, poultry) plant.
(81 ) Pattern shop.
(82) Pipe (concrete) manufacture.
(83) Pipe (metal ) manufacture.
(84) Planing Mill
(85) Plaster of Paris manufacture.
(86) Plating works.
(87) Poultry food manufacture.
(88) Printing ink manufacture.
(89) Quilt manufacture.
(90) Radiator (heating) manufacture.
(91 ) Rivet manufacture.
(92) Rope manufacture.
(93) Rubber cement manufacture.
(94) Rubber manufacture.
(95) Rug manufacture.
(96) Salt manufacture.
(97) Salvage storage yard.
(98) Sand and gravel storage yard.
(99) Sand paper manufacture.
(100) Sausage or sausage casing manufacture.
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.
(101) Sawmill .
(102) Sewer pipe manufacture.
(103) Shingle manufacture. II
(104) Shoe manufacture. l
(105) Shovel manufacture. i
(106) Starch manufacture.
(107) Soybean oil manufacture. i i
(108) Stone cutting and screening.
(109) Stove and range manufacture.
(110) Sweeping compound manufacture.
(111 ) Syrup and preserve manufacture.
(112) Tack manufacture.
(113) Terra cotta manufacture.
(114) Tile manufacture;
(115) Tin foil manufacture.
(116) Tin products manufacture. I
(117) Tire manufacture. II
(118) Tool manufacture.
(119) Vinegar manufacture.
(120) Washing powder manufacture.
(121) Washing soda manufacture.
(122) Waste paper products manufacture.
(123) Wire manufacture.
(124) Wood preserving treatment.
(125) Accessory and temporary uses , as permitted by Article IV. j
(126) Signs, as permitted by Article.VII. EE
(127) Off-street parking and loading, as required by Article VIII .
I
6.17-2 = Conditional Uses. x
(1) Explosives manufacture and storage (including fireworks) .
(2) Anhydrous ammonia production and storage.
(3) Any other uses not now or hereafter prohibited by ordinance of
the City of Salina, Kansas. i
6.17-3. Lot Size Requirements. r
(1 ) Minimum lot area: 5,000 square feet.
(2) Minimum lot width: 50 feet.
t.
(3) . Minimum lot depth: 100 feet. E-
6.17-4 Bulk Regulations. �'
(1 ) Maximum structure height: No limitation
(2) Minimum yard requirements:
(a) Minimum front yard: 25 feet on all sides abutting a
street, except when located adjacent to an arterial -
street there shall be a setback of 75 feet from the
street centerline. The greater distance shall prevail .
(b) Side yard: No minimum requirements , but it a side yard
abuts a residential district, a side yard of 10 feet
shall be provided.
(c) Minimum rear yard: No minimum requirements , but if a
rear yard abuts a residential district,a rear yard of
10 feet shall be provided.
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(3) Maximum lot coverage: 75 percent.
6.16-5 Use Limitations.
(1) If a lot in an I-3 District adjoins a residential district,
screening of not less than six feet in height shall be
provided at the lot line sufficient to protect, on a year-
round basis, the privacy of the adjoining residential uses.
t
(2) No building shall be used for residential purposes except that If
a watchman or custodian may reside on the premises. II
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ARTICLE VII: SIGNS 11
7. 1 Sign Permits. No sign, except for normal repair and for signs listed
in section 7. 1-3 and 4, shall be painted, constructed, erected, re-
modeled, relocated or expanded until a zoning certificate (sign permit)
for such sign has been obtained pursuant to the procedure set forth
below.
7. 1-1 Zoning Certificate (Sign Permit) Required.
A. The zoning certificate (sign Permit) must be obtained from
the office of the Zoning Administrator.
B. A zoning certificate (sign permit) shall be either issued
or refused by the Zoning Administrator within 10 days
after the receipt of an application therefor or within such
further period as may be agreed to by the applicant. No
zoning certification for any sign shall be issued unless
the sign complies with the regulations of this article.
C. A zoning certificate (sign permit) shall become null and
void four months after the date on which it is issued unless
within such four-month peroid construction, building, moving
remodeling or reconstruction of a structure or sign is
commenced or a use is commenced.
7. 1-2 Sign Standards.
A. The gross surface area of a sign shall be the sum of all
surface areas of all the sign faces, except that for signs
designed as double faced signs, with both faces parallel
and the distance between the faces does not exceed 2 feet,
then only one face of the sign shall be considered in
determining the gross surface area. When two or more signs .
are located on a zoning lot, the gross surface area of all
signs on the lot shall not exceed the maximum allowable by
the district regulations. For computing the area of any
wall sign which consists of letters, numbers and symbols
mounted or painted on a wall , the area shall be deemed to
be the area of the smallest rectangular figure which can
encompass all of the letters, numbers or symbols.
B. Sign height shall be measured from ground level at the base
of or below the sign to the highest element of the sign.
C. All signs must conform to the regulations and design standards
of the Building Code of the City and all wiring of all elec-
trical signs must conform to the Electrical Code of the City.
D. Illuminated signs shall be shaded wherever necessary to
avoid direct casting of light upon property located in any
• . -92-
residential district or upon any public street or park. Any
illuminated sigh located on a lot adjacent to or across the
street from any residential district, which sign is visible
from such residential dirstrict, shall be illuminated only
during business hours or between the hours of 7:00 AM and 10:00
PM.
E. No flashing signs are permitted. No animated signs, signs
with moving lights, or signs which create the illusion of �I
movement shall be permitted in any residential district, or
in any C-1 or C-2 District. A sign whereon the current
time and/or temperature is indicated by intermittent lighting
shall not be deemed to be a flashing sign if the lighting
changes are limited to the numerals indicating the time and/or
temperature. No revolving beacons shall be allowed in any
district.
F. No sign shall block any required accessway or window.
G. No sign shall be attached to a tree or utility pole whether
on public or private property.
H. On corner and through lots, each lot line that abuts a street
or highway shall be considered a separate street frontage,
and restriction that are phrased in terms of "signs per zoning
lot" shall be deemed to permit the allowable number of signs
• facina each street or highway that'abuts the lot.
I. No metal sign shall be located within eight feet vertically
and four feet horizontally of electric wires or conductors
in free air carrying more than 48 volts, whether or not such
wires or conductors are insulated or otherwise protected.
J. No sign shall be maintained at any location where by reason
of its position, size, shape or color, it may obstruct, im-
pair, obscure, interfere with the view of, or be confused
with, any traffic control sign, signal or device, or where
it may interfere with, mislead or confuse traffic.
K. No sign shall be located in any vision triangle formed by
the curb lines of any two intersecting streets, except signs
mounted 10 feet or more above the ground whose supports do
not constitute an obstruction. (See also Sections 5.6-1
and 5.6-2. )
L. No sign shall be permitted to locate on public property in
any district, and no sign shall be permitted to project over
public property except as permitted by awning, canopy, marque
and wall signs in the C-4 Commercial District.
M. All signs which are more than four (4) feet above grade shall
be securely fastened so as to prevent movement.
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N. Any time a sign is removed from it's structural support,
except for the purposes of maintenance, repair, replacement,
repainting or cleaning, or due to an Act of God, the structural
support shall be removed within twenty-four (24) hours, provided
further, that if a sign removed for the purposes of maintenance,
repair, replacement, repainting or cleaning, or due to an Act of
God, it not reinstalled within thirty (30) days of said removal ,
then the structural support shall be removed within twenty-four
(24) hours.
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7. 1-3 Exemptions. The following signs shall be exempt from the
requirements of this article.
A. Flags of a government or of a political , civic, philan-
thropic, educational or religious organization, dis-
played on private property.
B. Signs of a duly constituted governmental body, including
traffic or similar regulatory devices, legal notices, warn-
ings at reailroad crossings, and other instructional or regu-
latory signs haning to do with health, hazards, parking,
swimming, dumping, etc.
C. Memorial signs and tablets displayed on private property.
D. Address numerals and other signs required to be maintained
by law or governmental order, rule or regulation, provided
that the content and size of the signs do not exceed the
requirements of such law, order, rule or regulation.
E. Small signs, not exceeding five square feet in area, dis-
played on private property for the convenience of the public,
including signs to identify entrance and exit drives, park-
. ing area, one-way drives, restrooms, freight entrances, and
the like.
F. 'Scoreboards in athletic stadiums.
G. Political campaign signs not exceeding 8 square feet in
area and not displayed for more than 21 days.
7. 1-4 Exemption From Zoning Certificate Requirement. The following
signs shall be exempt from the zoning certificate (sign permit)
requirements of section 7. 1-1, but shall comply with all of the
other requirements of this article and of the applicable dis-
trict regulations.
A. Illuminated. Nameplate signs not exceeding two square feet
in gross surface area accessory to a single-family or two-
family dwelling.. .
B. Illuminated. Identification signs not exceeding 40 square
feet in gross surface area accessory to a multiple-family
dwelling.
C. Illuminated. Bulletin board signs not exceeding 40 square
feet in gross surface area accessory to a church, school or
public or non-profit institution, subject to the provisions
of Section 7. 1-2D.
D. Illuminated. Business signs when located on property used for
agricultural purposes and pertaining to the sale of agricul-
tural products produced on the premises.
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7.2 Classification of Signs.
7.2-1 Functional Types.
A. Advertising Sign. A sign which directs attention to a busi-
ness, commodity, service or entertainment conducted, sold,
or offered at a location other than the premises on which
the sign is located, or to which it is affixed (off premise
sign).
B. Bulletin Board Sign. A sign that indicates the name of an
institution or organization on whose premises it is located
and which contains the name of the institution or organiza-
tion, the name or names of persons connected with it, and
announcements of persons, events or activities occurring
at the institution. Such signs may also present a greeting
or similar message.
C. Business Sign. A sign which directs attention to a business
or profession conducted, or to a commodity or service sold,
offered or manufactured, or an entertainment offered, on
the premises where the sigh is located or to which it is affixed.
D. Construction Sign. A temporary sign indicating the names of
architects, engineers, landscape architects, contractors, and
similar artisans involved in the design and construction of .
a structure or project only during the construction period
and only on the premises on which the construction is taking
place.
E. Identification Sign. A sign having the name and address of
a building, business, development or establishment. Such
sighs may be wholly or partly devoted to a readily recognized
symbol .
F. Nameplate Sign. A sign giving the name and/or address of the
owner or occupant of a building or premises on which it is
located, and where applicable, a professional status.
G. Real Estate Sign. A sign pertaining to the sale or lease
of the lot or tract of land on which the sign is located,
or to the sale or lease of one or more structures, or a
portion thereof located thereon. •
7.2-2 Structural Types.
A. Awning, Canopy and Marquee Sign. A sign that is mounted or
painted on, or attached to, an awning, canopy or marquee that
is otherwise permitted by this ordinace. No such sign shall
project more than 24 inches above, below, or 12 inches beyond
the physical dimensions of the awning, canopy or Marquee, and
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•
. - a minimum of eight feet of clearance shall be provided
above grade.
B. Ground Sign. Any sign placed upon, or supported by, the
ground independently of the principal building or struc-
ture on the property. Signs on accessory structures shall
be considered ground signs.
C. Pole Sign. A sign that is mounted on a free-standing pole,
the bottom edge of which sign is six feet or more above
ground level .
i E
D. Projecting Sign. A sign that is wholly or partly dependent
upon a building for support and which projects more than 12
inches from such building.
E. Wall Sign. A sign fastened to or painted on a wall of a
building or structure in such a manner that the wall be-
comes merely the supporting structure or forms the back-
ground surface, and which does not project more than 12
inches from such building.
F. Roof Sign. A sign erected, constructed, and maintained
wholly upon or over the roof of a building and having the
roof as the principal means of support.
G. Mobile Sign. A sign which is designed to be easily trans-
ported and is attached to a trailer or other non-motive
powered vehicle.
7.3 District Regulations.
7.3-1 A-1 Agricultural District.
A. Functional Types Permitted. Any type listed in Section
7.2-1.
B. Structural Types Permitted. Any type listed in Section
7.2-2.
C. Number of Signs Permitted. One per zoning lot provided. that
advertising signs shall not be permitted within 500 feet of
a residence and not closer than 500 feet from another adver-
tising sign.
D. Maximum Gross Surface Area.
(1) Advertising sign: 400 square feet
(2) All other types: 32 square feet
E. Maximum Height. Thirty feet
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F. Required Setback. None required, except that any sign which
exceeds 200 square feet in gross surface area shall main- 1
tain the same setback that is required for principal structures
and in no case shall a sign project over public property.
G. Illumination. Illumination of signs is prohibited.
7.3-2 RS, R, R-1, R-2, R-3, and MH Residential Districts and U
University District.
A. Functional Types Permitted.
(1) Bulletin board signs.
(2) Construction signs.
(3) Identification signs.
(4) Nameplate signs.
(5) Real estate signs.
B. Structural Types Permitted.
(1) Ground signs.
(2) Pole signs.
• (3) Wall signs.
C. Number of Signs Permitted. One per zoning lot, except
that a maximum of three contruction signs is permitted.
D. Maximum Gross Surface Area.
(1) Bulletin board signs: 16 square feet
(2) Construction signs: 32 square feet
(3) Identification signs: 12 square feet
(4) Nameplate signs: 2 square feet
(5) Real estate signs: 8 square feet per lot, provided
that one sign of not more than 100 square feet in
area announcing the sale of lots and/or houses in a
subdivision may be located on such development.
Such signs shall , be removed at the end of 3 years from
the date of issuance of permit, or when 75 percent of
the lots in the subdivision or development have been
sold, whichever occurs sooner.
E. Maximum Height.
(1) All signs shall be placed flat against a building or
designed as part of an architectural feature thereof
except that signs may be detached if they do not ex-
ceed a height of six (6) feet nor project into any
required building setback area.
(2) No height limit is specified for signs placed flat
against or painted on the wall of a building, or
• -97-
other attached signs provided all other provisions
of this section are complied with.
F. Required Setback. All signs, except real estate and con-
struction signs, shall maintain the same setback required
for principal structures.
G. Illumination. No sign shall be illuminated, except that
bulletin board signs may be indirectly illuminated so as
to avoid the direct casting of light upon any residential
building.
7.3-3 C-1 Restricted Business District.
A. Functional Types Permitted. Any type listed in Section
7.2-1, except advertising signs.
B. Structural Types Permitted. Any type listed in Section
7.2-2, except roof signs, projecting signs, and mobile
signs.
C. Number of Signs Permitted.
(1) Ground sign: one per zoning lot.
(2) Pole sign: one per zoning lot.
(3) Others: two per zoning lot.
D. Maximum Gross Surface Area. One square foot of sign area
for each lineal foot of building frontage, not to exceed
32 square feet.
E. Maximum Height.
(1) All signs shall be placed flat against a building or
designed as part of an architectural feature thereof
except that signs may be detached if they do not ex-
ceed a height of eight (8) feet nor project into any
required building setback area.
(2) No height limit is specified for signs placed flat
against or painted on the wall of a building, or
for other attached signs provided all other provi-
sions of this section are complied with.
F. Required Setback. Entire sign shall be set back 10 feet.
G. Illumination. Illumination shall be permitted.
7.3-4 C-2 Neighborhood Shopping District.
A. Functional Types Permitted. Any type listed in Section
7.2-1, except advertising signs.
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•
B. Structural Types Permitted. Any type listed in Section
7.2-2, except mobile signs, projecting signs, and roof signs.
C. Number of Signs Permitted. Two per business.
D. Maximum Gross Surface Area. One square foot of sign area for
each lineal foot of building frontage.
E. Maximum Height. Thirty feet.
F. Required Setback. No minimum setback, except that pole sign
supports must maintain a ten foot setback.
G. Illumination. Illuminated signs shall be permitted.
7.3-5 C-3 and C-4 Business Districts.
A. Functional Types Permitted. Any type listed in Section
7.2-1, except advertising signs.
B. Structural Types Permitted. Any type listed in Section
7.2-2, except that mobile signs shall be prohibited in the
C-4 district.
C. Number of Signs Permitted. No maximum. limitation.
D. Maximum Height. No sign shall project more than 30 feet
above the highest point of the roof of the structure asso-
ciated with or on which it is located.
F. Required Setback. No minimum requirement, except that no
sign shall project over or be located on public property,
and except as provided in Section 7.2-1L.
G. Illumination. Illuminated signs shall be permitted.
7.3-6 C-5 and C-6 Commercial Districts.
A. Functional Types Permitted. Any type listed in Section
7.2-1.
B. Structural Types Permitted. Any type listed in Section
7.2-2.
C. Number of Signs Permitted. No limitation.
D. Maximum Gross Surface.
(1) 4 square feet of sign area for each lineal foot of
building frontage.
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(2) Where no building frontage exists 4 square feet of
sign area for each lineal foot of street frontage.
E. Maximum Height. 50 feet above grade, except that for free-
way oriented ground sign,* the height may be extended to
25 feet above the freeway roadbed.
* Ground signs located within 660 feet of a major arterial
street which carries a classification as a freeway, inter-
state, etc.
F. Required Setback. None required, except that any sign which
exceeds 200 square feet in gross surface area shall maintain
the same setback required for principal structures, and in no
case shall a sign project over public property.
G. Illumination. Illuminated signs shall be permitted.
7.3-7 I-1 Industrial Park District.
A. Functional Types Permitted. Any type listed in Section
7.2-1, except advertising signs.
B. Structural Types Permitted. Any type listed in Section
7.2-2, except roof signs.
C. Number of Signs Permitted. 2 per establishment.
D. Maximum Gross Sruface Area. One square foot for each 2 feet
of lineal street frontage..
E. Maximum Height. 30 feet.
F. Required Setback. 10 feet.
G. Illumination. Illuminated signs shall be permitted.
7.3-8 ..I-2 and I-3 Industrial Districts.
A. Functional Types Permitted. Any type listed in Section 7.2-1.
B. Structural Types Permitted. Any type listed in Section &.2-2.
C. Number of Signs Permitted. No limitation.
D. Maximum Gross Surface Area. 4 square feet for each lineal
foot of street frontage.
E. Maximum Height.
(1) Roof sign: 30 feet above the highest point of the
structure on which the sign is located.
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.
(2) All other signs: 30 feet.
F. Required Setback. None required.
G. Illumination. Illuminated signs shall be permitted.
1
l L
L.
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ARTICLE VIII : OFF-STREET PARKING AND LOADING
7
8.1 . Off-Street Parking.
8.1-1 Applicability. In any zoning district, all structures built and J '
all uses established hereafter shall provide accessory off-street
parking in accordance with the following regulations. When an
existing structure or use is expanded, accessory off-street park- jl
ing shall be provided in accordance with the following regulations
for the total area or capacity of such expansion. c
8.1-2 Standards for Required Off-Street Parking. N
A. Utilization. Required accessory off-street parking facilities
provided for the uses hereinafter listed shall be solely for
the parking of motor vehicles in operating condition of patrons ,
occupants, or employees of such uses.
B. Area. A required off-street parking space shall be at least
eight feet six inches in width and at least 19 feet in length,
exclusive of access drives or aisles, ramps, columns, office or
work areas.
C. Access. Each required off-street parking space shall open
directly upon an aisle or driveway of such width and design
as to provide safe and efficient means of vehicular access to
such parking space. .
D. Open and Enclosed Parking_ No off-street parking spaces open
to the sky shall be located in any front yard nor shall any
motor vehicle be parked in any front yard except upon a drive-
way. The area devoted to driveway purposes shall not be con-
sidered in determining whether off-street, parking requirements
have been met except in the instance of single-family and
two-family dwellings. Enclosed buildings and carports con-
taining off-street parking shall be subject to the yard re-
quirements applicable in the district in which located.
E. Design and Maintenance.
(1) Design. Off-street parking spaces shall comply with such
design standards relating to curb length, stall depth,
driveway width, island width, barriers, and ingress and
egress as may be established from time to time by the
City. Off-street parking spaces may be open to the sky
or enclosed in a building.
(2) Surfacing. All open off-street parking areas except re-
quired parking spaces accessory to a single-family dwelling
shall be graded and paved or otherwise improved with all ,
weather, dustless material .
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f
(3) Screening. All open off-street parking areas containing
more than six parking spaces shall be• effectively screened
on each side that adjoins any property situated in a single
family residential district by a wall , fence or
densely planted compact evergreen hedge not less than
six feet nor more than eight feet in height; Parking
. areas shall be arranged and designed so as to prevent -
damage to, or intrusion into, such wall , fence or hedge.
Il
(4) Lighting. Any lighting used to illuminate off-street
parking areas shall be directed away from residential
properties in such a way as not to interfere with the
residential use.
(5) Repair and Service. No motor vehicle repair work or ser-
vice of any kind shall be permitted in association with any
off-street parking facilities.
(6) Computation. When determination of the number of off-street
parking spaces required by this Ordinance results in a
requirement of a fractional space, the fraction of one-half
or less may be disregarded, and a fraction in excess of 49
one-half shall be counted as one parking space.
(7) Collective Provisions. Off-street parking facilities for
separate uses may be provided collectively if the total
number of spaces so furnished is not less than the sum of
the separate requirements for each such use, and provided
that all regulations covering the location of accessory
parking spaces in relation to the use served are adhered
to.
(8) Location. All parking spaces required to serve buildings
or uses shall be located on the same zoning lot or in the
same zoning district as such building or use, except that
such parking spaces may be provided in an adjacent zoning
district if such district allows parking lots or parking
garages as a permitted use. But in no instance shall re-
quired off-street parking be located more than 600 feet
(as measured along lines of public access) from the use
which it serves.
(9) Employee Parking. Parking spaces required on an employee
oz � I= es' basis shall be based on the maximum number of employees on
d«Iy�QR«a,a duty T atsthensamertimehasothehbuildiingepermitnisoissued.
(10) Maximum Number of Spaces. The total number of accessory
parking spaces provided for a single-family, a two-family
or multiple-family dwelling shall not exceed that required
by this ordinance for such use or for any equivalent new
use by more than 50 percent or four spaces, whichever number
is greater.
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b
(11) Exempt Zone. Notwithstanding any other provision of this
ordinance, no accessory off-street parking facilities shall
be required for any structure in the /C�-4 Business Districts
except residences, nod lhasc uses spec.f�cw//y 126i"" ' {r, p:cvA.
pAekrn9.
(12) Determination of Required Spaces. When determining the
required number of off-street parking spaces for apartment
houses, lodging, boarding or rooming house, fraternity,
sorority and dormitories an occupant shall mean an indi-
vidual separate and distinct from the immediate family of
the owner, landlord, or operator.
•
8.1-3 Off-Street Parking Space Requirements. Off-street parking spaces
accessory to the uses hereinafter designated shall be provided as
follows:
A. Dwelling and Lodging Uses
(1) Hotels and motels: at least two parking spaces; plus one
parking space for each rental unit, plus such spaces as
are required for restaurants, assembly rooms and affili-°
ated facilities.
(2) Single-family and two-family dwellings: at least two
parking spaces for each dwelling unit. .
(3) Three-family and multiple-family dwellings: at least two
spaces per unit. //
paws/ et -Id6 4,44/ �3n) fl1 fite (ni vclw/pro (rf c/dn'Ivtc.4dfre .h,i,4/iin/n P�b,SR�o( ncleasi eSn 1v��n'�'1
NaeibcRc( uri/S,t 0 3D(5 (4) Lodging douses: One parking space tor each lodging room.
• geiniet.
(5) Dormitories, fraternities, sororities and other lodging
facilities and rooms for unmarried students: at least one
parking space for each occupant for the first 20 occupants
and a total number of spaces equal to 75 percent of the
total number of occupants or 20 spaces whichever is greater.
(6) Mobile home parks: at least two parking spaces for each
mobile home.
B. Commercial and Industrial Uses.
(1) All business and commercial establishments, except those
specified hereafter: at least one parking space for each
300 square feet of floor area, plus one space for each
full-time employee.
(2) Retail stores: at least one parking space for each 250
square feet of floor area.
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•
it
• (3) Automobile service stations: at least two parking spaces 14
for each service bay, plus one space for each employee,
but not less than a total of five parking spaces. j .
(4) Banks and financial institutions: at least one parking
space for each 200 square feet of floor area.
(5) Dental clinics and medical clinics: at least three park-
ing: spaces for each examination or treatment room, plus
one space for each doctor and employee of the building.
(6) Office and professional buildings: at least one parking
space for each 300 square feet of floor area
(7) Cartage, express, parcel delivery and freight terminal
establishments: at least one, parking space for each two
employees as related to the working period when the maxi-
mum number of persons are employed on the premises , and
one parking space for each vehicle maintained on the fl .
premises.
(8) Establishments handling the sale and consumption on the
premises of food, beverages, and refreshments: at least
one parking space for each three persons based upon the
maximum number of persons that can be accommodated at
the same time in accordance with the designed capacity,
provided that drive-in restaurants shall have a minimum of
at least ten parking spaces.
(9) Furniture stores, appliance stores, new and used motor
vehicle showrooms and sales facilities, used car lots ,
and mobile home and trailer sales rental lots: at least
one parking space for each 400 square feet of enclosed
floor area and at least one parking space for each 3,000
square feet of open lot area devoted to the sale and display
of motor vehicles:
(10) Manufacturing, production, processing, assembly, disassembly, . '
cleaning, servicing, testing, or repairing of goods, ma-
terials or products: at least one parking space for each .
three employees as related to the working period when the .
maximum number of persons are employed on the premises.
(11) Automobile wrecking yards: at least one parking space for
each two employees, plus one space for each 10,000 square
feet of storage area. .
(12) Car washing facilities: at least 4 parking, holding and
drying spaces for each stall in a self-service establish-
ment, and at least 6 parking, holding and drying spaces
for each 20 _linear feet in attendant operated establish-
ments. .
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t
(13): Bowling alleys: at least five parking spaces for each
1 bowling lane, plus such additional space as may be re- '
quired herein for affiliated uses such as restaurants and
. , other similar uses. . .
(14) Theatres: at least one parking space for each four 'seats.
II
(15) Undertaking establishments and funeral parlors: at least
one parking space for each four seats, based upon .the de
signed maximum capacity of the parlor, plus at least one
. ,. parking space for each employee and one parking space for •
. each vehicle maintained on the premises: ' •
' . (16)-Warehouse, 'storage, and wholesale establishments: at least
one parking space for each two employees' as related to •
, the working period when the maximum number of persons are
• employed on the premises •
•
C. Other Uses.
(1) Secondary schools, public or private: at least One parking .
space for each faculty-member and other full-time employees
and one space for each eight students, based upon the
maximum number of students attending classes on the prem
ises at any one time in any 24-hour period.
(2) :Primary and intermediate schools, nursery schools, and
group day care centers,-public or private: at least one
parking space for each faculty member and other full-time
employees.
(3) .Trade. and commercial schools: at least one parking space
' for each three students and one parking space for each
faculty member and other full-time employees.
(4) Hospitals: at least one parking space for each one hos-
.. .pital bed, plus one parking space for each two employees
(other than doctors) , plus one parking space for each •
doctor assigned to the staff.
• .: '(5) Nursing and convalescent homes: six parking spaces for the ..• .
_ , first 3000 square feetof floor area and one parking space for . '
. • each additional 1000.:square feet, with a minimum of six
parking spaces per establishment.
(6) Churches and temples: at least one parking space for each
four seats.
(7) Private clubs and lodges: at least one parking space for
. each three persons , based on the maximum number of persons .
• that can be accommodated at the same time in accordance
with designed capacity. .
•
•
(8) Swimming pools and clubs: at least one parking space for
• each 35. square feet of water area. .
•
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•
. I
(9) Auditoriums, gymnasiums and other places of assembly with
fixed seats: at least one parking space for each three
persons, based upon. the designed maximum capacity.
(10) Auditoriums, gymnasiums and other places of assembly
without fixed seats:. . at least one parking space for each
three persons, based upon the designed maximum capacity. ;i
(11) Parking spaces for other permitted or special uses not
listed above shall be provided in accordance with the
determination of the Zoning Administrator with respect to
the number of spaces that are required to serve employees
and/or the visiting public at each such use. . .
8.2 Off-Street Loading.
8.2-1 Applicability. In any zoning district, all structures built and
all uses established hereafter, shall provide accessory off-street
loading spaces. When an existing structure is expanded, accessory ii
off-street loading spaces shall be provided in accordance with.
the following regulations for the area of such expansion.
8.2-2 Standards for Required Off-Street Loading. -
A: Location. All required loading spaces or berths shall be lo-
cated on the same lot as the use served. All motor vehicle
loading berths which abut or are adjacent to a residential
district shall be completely screened therefrom by building
walls, or a uniformly painted solid fence, wall , or door, or
any combination thereof, not less than six feet nor more than
eight, feet in height. No permitted or required loading space
or berth shall be located within 40 feet of the nearest point
of intersection of any two streets or highways.
•
B. Area. Unless otherwise specified, a required off-street
loading space or berth shall be 30 feet in width by at least
25 feet in length, exclusive of aisle and maneuvering space,
and shall have a vertical clearance of at least 14 feet. - "
C. Access. Each required off-street loading space or berth shall
be designated with appropriate means of. vehicular access: to a
street, highway or alley in a manner which will least interfere
with traffic movement. .
D. Surfacing. All open off-street loading shall be improved with
a .compacted select gravel base, not less than seven inches
thick, surfaced with an all-weather material .
E. Repair and Service. No motor vehicle repair work or service
of any kind shall be permitted in conjunction with any off-
street loading facilities.
•
•
•
f, F. Utilization. Space allocated for any off-street loading berth .
shall not, while so allocated, be used to satisfy the space
requirements for any off-street parking facilities or portions
thereof.
G. Minimum Facilities: Uses for which off-street loading facili-
ties are required by this section but which are located in
buildings that have a floor area that is less than the minimum
above which off-street loading facilities are required shall be
provided with adequate receiving facilities, accessible by
motor vehicle, from any adjacent alley, service drive, or open
space on the same lot. ;I
8.2-3 Off-Street Loading Berth Requirements:
A. No off-street loading facilities are required in any residen-
tial district,, except that elementary and intermediate schools II
shall provide at least one loading space for passenger auto-
mobile for each 50 students based upon the designed maximum
capacity of the school .
B. On the .same lot with every building, or part thereof, erected
hereafter in any business or manufacturing district,, there
shall be provided on the lot adequate space for motor vehicles
to load and unload in order to avoid interference with the
public streets or. alleys. Such space shall include the fol-
` lowing minimum off-street loading spaces:
(1) For banks, medical and dental clinics, and business and
professional offices, one loading berth shall be provided
for each building that contains 1 ,000 to 100,000 square
feet of, gross floor area, and for each additional 100,000
square feet of gross floor area or fraction thereof up to
500,000 square feet, one additional loading berth shall
be provided, plus one additional loading berth for each
additional 500,000 square feet of gross floor area, or
any fraction thereof, in excess of 500,000 square feet:
(2) For amusement establishments, bowling alleys, pool halls,
dance halls, gymnasiums, indoor and outdoor theaters,
swimming pools, skating rinks and other similar amusement '
establishments, one loading berth shall be provided for
each building that contains 1,000 to 100,000 square feet
of gross floor area, and for each additional 100,000 '
square feet of gross floor area, or any fraction thereof,
one additional loading berth shall . be provided.
(3) For hotels and motels, meeting halls, service and fraternal
clubs and lodges, funeral parlors. and mortuaries, one load-
ing berth shall be provided for buildings containing 1 ,000
to 150,000 square feet of gross floor area, plus one addi-
tional loading berth for each additional 150,000 square
feet of gross floor area, or fraction thereof. Each such
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loading. berth for buildings in excess of 20;000 square
feet of gross floor area shall not be less than 10 feet
in width. by 60 feet in length.
(4) For all other uses in the C-1 through C-6 Districts.
loading facilities shall be provided in accordance with
the following table:
I;.
Gross Floor Area of Required Number and
Structure in Sq. Ft. Size of Loading Berths u
1,000 to 9,999 . 1 (10' x 25' )
10,000 to 24,999 2 (10' 'x 25' each)
25,00G to 39,999 2 (10' x 60' each)
40,000 to 100,000 3 (10' x 60' each)
For each additional 200,000 square feet of gross floor i I
area, or any, fraction thereof, over 100,000 square feet I•
of gross floor area, one additional loading berth shall
be provided. Each such additional loading berth shall - II.
be at least 10. feet in width by 60 feet in.length.
(5) For all uses in the I 1, I-2 and I-3 Industrial Districts ,
loading facilities shall be provided in accordance with
the following table:
Gross Floor Area in
Structure in Square Required Number and
Feet.. Size of Loading Berths
1,000 to 9,999 1 (10' x 25' )
10,000 to 39,999 1 (10' x 60' )
40,000 te;100,000 2 (10' x 60' each)
For each additional 100,000 square feet of gross floor .
area, or any fraction thereof, one additional loading
berth shall be provided. Each such additional berth shall
be at least 10 feet in width and 60 feet in length.
ARTICLE IX: NONCONFORMING USES, BULK AND SIGNS
9. 1• Applicability. This article applies only to lots, buildings, structures,
signs and non-building uses in existence on the effective date of this
Ordinance. The..lawful use of any premises existing on the effective .
date of this Ordinance . =maybe continued as hereinafter provided al-
though neither such use nor bulk conforms to this Ordinance.
•
9.2 Nonconforming. Lots of Record
9.2-1 In Residential. Districts.
A. In any residential district, notwithstanding the regulations
imposed by any:other provision of this ordinance, a single-
family, detached dwelling which complies with the restrictions
in section 9.2-1B may be erected on a lot that is not less
than 25 feet in width and that consists entirely of a tract
of land that
(1) Has less than the prescribed minimum lot area, width or
depth, or all three; and that
(2) Is shown by a recorded plat or deed to have been owned
separately and individually from adjoining tracts of and
at a time when the creation of a lot of such size and width
at such location would not have been prohibited by any
zoning ordinance, and
(3) Has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire .
time that the creation of such lot has been prohibited
by the applicable zoning ordinance or ordinances.
B. Construction permitted by section 9.2-1A shall comply with all
of the regulations (except lot area, .width and depth) appli-
cable to single-family dwellings in the ,zoning district in
which the lot in question is located; provided, however, that
the following side yard requirements shall apply in place of
the side yard requirements otherwise applicable:
(1) The dwelling shall be placed on the lot so as to provide -
a yard on each side of the dwelling.
(2) The sum of the widths of the two side yards on each lot
shall be not less than the smaller of:
(a) 25 percent of the width of the lot, or
(b) The minimum total for both side yards prescribed by .
the bulk regulations for said zoning district.
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•
•
' . (3)..No side yard shall be less than 10 percent of the width.
, • of the lot, and in no case less than three feet.
9.2-2 In Districts other than Residential Districts. :
A. In any district other than a residential district, notwith-
standing the regulations imposed by any other provision of ii
this Ordinance, a building designed for any permitted use may
be erected on a lot of the type described in section 9.2-1A. : .
B. Construction permitted by section 9.2-2A shall comply with
all of the regulations (except lot area, width and depth) •
applicable in the zoning district in which the lot in question
is ,located; provided, however, that the width of any side yard.
need not be greater than that derived by applying the following
formula (wherein the width of any side yard required = x) :
Minimum side yard required by
x " = district regulations
Actual lot width Minimum lot width required by
district regulations
•
9.3 Nonconforming Structures.
•
9.3-1 Authority to Continue. Any structure which is devoted to a use
which is permitted in the zoning district in which it is located,
but which is located on a lot which does not comply with the ap-
plicable lot size requirements and/or the applicable bulk regula-
tions, may be continued, so long as it remains otherwise lawful ,
• subject to the restrictions in sections 9.3-2 through 9.3-4.
9.3-2 Enlargement, Repair, Alterations. Normal maintenance. and repairs, . .
structural alteration, enlargement, or remodeling of a- building or
structure with nonconforming bulk is permitted if the same does
not increase the degree of existing nonconformity or create any
new nonconforming bulk in such building or structure, except that
as to structures located on a lot that does not comply with the
• applicable lot size requirement, the side yard requirements shall
be determined by section 9:2-1B,or: 9.2-2B,. whichever is applicable.:
9.3-3 Damage or Destruction. No buildings or structure occupied by a
nonconforming use or nonconforming as to bulk., destroyed or damaged'
by fire or other causes to the extent of 50" % or more of last full
value as shown by the Assessor's' records, 'excluding the assessed:
valuation of the land, shall be repaired or rebuilt except in
conformity with this Ordinance, provided that structures lo-
cated on a lot that does not comply with the applicable lot size
requirements shall not in any event be required to provide a side
yard. that exceeds the yard requirements in section 9.2-1B or 9.2-2B,
whichever is applicable. Any building, structure or any part there-
of i .
occupied by a nonconforming use or nonconforming as to bulk,
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•
.
which is damaged to an extent less than 50 percent of last full '
i - value as shown by the Assessor's records, excluding the assessed •
valuation of the land, may be repaired or restored provided. that
. . a zoning certificate is obtained and substantial reconstruction
• is undertaken within one year after such. damage and is diligently
•
• pursued to completion. Otherwise such building'; structure or part
thereof shall thereafter be occupied only by a conforming use,
and shall conform to the bulk requirements of'this Ordinance.
•
9.3-4 Moving. . No structure described in section 9.3-1 shall be moved
• in whole. or in part for any distance whatever., to any other loca-
tion on the same or any other lot unless the entire structure shall
• . thereafter conform to the regulations of the.zoning district in ' •
which it is located after being moved.
9.4 • Nonconforming Uses:
• 9.4-1 Authority:to Continue: Any lawfully existing nonconforming use '
or part or all of a structure or any lawfully existing noncon-
. forming use of land, 'not involving ,a structure or only involving
' a structure which is accessory to such use of land, may be con-
. • - tinued, so long as otherwise lawful , subject to the regulations
. contained in sections 9.4-2 through 9.4-9 and 9.6-3.
9.4-2 Repair, Maintenance and Remodeling: .
A.' Normal maintenance and incidental repair, or replacement,
' installation or relocation of nonbearing walls , nonbearing par:
..,titions, fixtures, wiring or. plumbing, may be performed on any
.. structure that is devoted in whale or in part to a nonconform- .
ing, use;' provided, however, that it does not extend the non- .
. conforming use nor violate any other provision of this 'article.
• .
. B. '. •Nothing in this Ordinance shall be deemed to .
prevent the
strengthening or restoring to a safe condition of a structure
in accordance with an order of a public official who is charged
with protecting the public safety and who declares such struc '
• tune to be unsafe and orders its restoration .to a safe condition
(where .such restoration will not be in violation of any other
provision of this article) . - .
C. No structure that is devoted in whole or in part to a noncon
. ,. forming use shall be remodeled. unless the entire' structure and
use thereof shall thereafter conform to all regulations of the
zoning district in. which it. is located.
' .9.4-3 Extension or Enlargement. No structure that is devoted in whole
. or in part to a .nonconforming use' shall-be extended, expanded,
• . enlarged or added to in any manner unless such structure and the
• • use thereof conform to the regulationp .of the 'district in which it
. is located. Such prohibited activities shall 'include without being.
limited to:
. .
•
' '-112-
A. `.-Extension of such use to any,structure or land area other
= than one occupied by such nonconforming use on the effective '
. date of this ordinance (or on the effective date of a subse
. . quent- amendment hereto that causes such use to become non- • ''
conforming).
B. Extension of, such use within a building or other structure. to j
any portion of the floor area that was not occupied by such
nonconforming' use on the effective date of this ordinance (or it
on the effective date of.a subsequent amendment hereto. that
causes such use to become nonconforming) ;• provided, however, f .
, that such use-may be extended throughout any part of such• building or other structure that was lawfully and manifestly
designed or arranged for such use on such effective date.•
9.4-4 Damage or Destruction. 'No building or: structure occupied by a non
, conforming use or nonconforming as to bulk. destroyed nr rlam.anoA ..
by fire or other causes to the extent of50% or more of last full
value as shown by the Assessor's records, excluding the assesses
. valuation of the land, shall be repaired or rebuilt except in •• conformity with this Ordinance - ; provided that structures lo-
cated on a lot that does not comply with the applicable lot size
requirements shall not in any event be required to provide a side
. yard that exceeds the yard requirements in section 9.2-1B or .
. • 9.2-28, whichever is applicable. . Any building, structure or any
part thereof occupied by .a nonconforming use or nonconforming as
• •
to bulk, which is damaged to an extent less than 50 percent of
. last 'full value as' shown by the Assessor's records, excluding the
assessed valuation of the land, may be repaired or restored pro-
vided that a zoning certificate is obtained and substantial re- '
construction is 'undertaken within _one year. after such damage and
is diligently pursued to completion. Otherwise such building, '
structure or part thereof shall thereafter be occupied only by
a conforming use, and shall conform .to .the bulk requirements of
this Ordinance. .•
9.4-5 Moving No structure that is devoted in whole or in part to .a
nonconforming use, shall be moved in .whole 'or in part for any
distance whatever, to any other location on the same or any other '
lot, unless the entire' structure and the use thereof shall there-
after 'conform to all 'regulations of the zoning district in which
is is located after being so moved. No nonconforming use of land t
shall be moved in whole or in part for any distance whatever, to .
any other location on the same or.any other lot, unless such use
shall thereafter conform to all regulations of the zoning district
in which it is located after being so-moved.
9.4-6 Change- in Use. A nonconforming use shall not be changed to any
. use other than a use permitted in the zoning district in which
the use is located. When a nonconforming use has been changed to '
• any permitted use, it shall not thereafter .be changed back to a
nonconforming use. .
•
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•
9.4-7 Abandonment or Discontinuance.
A. When a nonconforming use of land, not involving a structure,
or involving only a structure which is accessory to the non-
conforming use of land, is discontinued or abandoned, for a
period of 12 consecutive months (regardless of any reservation
of an intent not to abandon or to resume such use) , such use
shall not thereafter be re-established or resumed, and any
subsequent use or occupancy of such land shall comply with the
regulations of the zoning district in which such land is
located.
B. When a nonconforming use of a part or all of a structure which
was designed and intended for a use which is permitted in the
zoning district in which such structure is located, regardless
of how it was originally used or is presently being used, is
discontinued or abandoned for a period of 12 consecutive
months (regardless of any reservation of an intent not to
abandon or to resume such use) , such use shall not thereafter
be re-established or resumed, and any subsequent use or
occupancy of such structure shall comply with the regulations
of the zoning district in which such structure is located.
C. When a nonconforming use of a part or all of a structure
which was not designed and intended for any use which is
permitted in the zoning district in which such structure is
located, regardless of how it was originally used or is
presently being used, is discontinued or abandoned for a period
of 24 consecutive months (regardless of any reservation of an
intent not to abandon or to resume such use) , such use shall
not thereafter be re-established or resumed, and any subsequent
use or occupancy of such structure shall comply with the
regulations of the zoning district in which such structure is
located.
9.4-8 Nonconforming Accessory Uses. No use which is accessory to a
principal nonconforming use shall continue after such principal use
shall cease or terminate.
9.4-9 Nonconforming Residential Uses. Notwithstanding the provisions of
Sections 9.4-2 and 9.4-3, any structure which is devoted to a
residential use and which is located in a commercial or industrial
district, may be remodeled, extended, expanded and enlarged;
provided that after any such remodeling, extension, expansion or
enlargement, such structure shall not be used to accommodate a
greater number of dwelling or lodging units than such structure
accommodated prior to any such work.
9.4-10 Status of Newly Created Nonconforming Uses. Notwithstanding the
provisions
devotedin whole coroin part 3tona use which yist made unonconforming
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by the enactment of this Ordinance, may be remodeled, extended,
expanded, enlarged, repaired, or rebuilt; provided, however,
that the provisions of this section apply only to the use which
existed at the time of adoption of this Ordinance.
9.5 'Status of Conditional Uses.
9.5-1 Status of Existing Conditional Uses . Where a use exists at the
effective date of this Ordinance and is permitted by this Ordi-
nance only as a. conditional use in the zoning district in which
it is located, such use shall not be deemed to be a nonconforming
use, but shall , without further action, be deemed a lawful
conforming use in such zoning district.
9.5-2 Status of Future Conditional Uses. Any use for which a conditional
use permit has been issued as provided in Article 10 of this
Ordinance shall not be deemed to be a nonconforming use, but shall ,
without further action, be deemed a lawful conforming use.
•
9.6 Nonconforming Signs. All existing signs which are not specifically per-
mitted or which do not comply with all of the provisions of this Ordai-
nance for the zoning district in which it is located, as of the date of
adoption of this Ordinance, shall be considered nonconforming signs.
9.6-1 Repairs and Demage. Nonconforming signs may not, after the ef-
fective date of these Regulations be enlarged, structurally
altered or extended unless such sign shall be made to comply with
all of the provisions of this Ordinance, except that normal
repairs and repainting of nonconforming signs are permitted.
When a permanent nonconforming sign is destroyed or damaged by
any means to the extent of 50 percent or more of its present day
replacement value, it shall not thereafter be restored unless
such sign shall be made to conform to all of the provisions of
this Ordinance.
9.6-2 Removal of Nonconforming. Signs. Any sign that does not conform
to the sign regulations for the zoning district in which it is
located shall be removed in accordance with the following schedule:
A. A sign having a total area of 24 square feet or less which is
located in any residential district shall be removed within
two years from the date such. sign became nonconforming with
respect to this Ordinance.
B. All other signs located in any residential district shall be
removed within four years from the date such sign became non-
conforming with respect to this Ordinance.
9.6-3 Nonconforming Open Storage Yards, Outdoor Display or Juck Yards.
Any nonconforming open storage yard, outdoor display or junk yard
or any other nonconforming uses of land, not involving a structure
-115-
or involving only structures which are accessory to such use of
land shall be discontinued or made to conform to the regulations
of the zoning district in which located within two years from
the date such use became nonconforming with respect to this
Ordinance. However no such use shall be required to terminate I
if within said period it shall be located within a completely f1
enclosed building or surrounded by a solid fence screening the
stored goods or materials from general view.
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ARTICLE X: ADMINISTRATIVE PROVISIONS
10.1 Enforcement
10.1-1 Enforcement Officer. This Ordinance shall be enforced by a
Zoning Administrator who shall be appointed by the City
and who shall be authorized to expend such funds, employ
deputies and clerical assistants , and to carry out his
duties under this Ordinance as shall be approved from time
to time by the City as follows:
A. Approve and issue all zoning and occupancy certificates
and make and maintain records thereof.
B. Conduct inspections of buildings , structures and uses
of land to determine compliance with the provisions of
this zoning ordinance.
C. Receive, file, and forward to the Board of Zoning Appeals
the records in all appeals and all applications for
conditional uses and variances.
D. Maintain permanent and current records of the zoning
ordinance, including but not limited to, all zoning
maps, amendments , special uses, variances , appeals
and applications thereof and records of hearings thereon.
E. Prepare and have available in book, pamphlet or map form,
on or before March 31 of each year:
(1 ) The compiled text of the zoning ordinance and
amendments thereto, including all amendments
adopted through the preceding December 31 , and
(2) A zoning map or maps, showing the zoning districts,
divisions and classifications in effect on the pre-
ceding December 31 .
F. Maintain a supply of copies of the compiled text of the
zoning ordinance, and the rules of the Board of Zoning
Appeals. A fee for each copy shall be charged to defray
the cost of printing.
G. Provide such clerical , technical and consultative assist-
ance as may be required by the Board of Zoning Appeals
and other boards, commissions and officials in the exercise
of their duties relating to this Ordinance.
10.1-2 Zoning Certificates and Certificates of Occupancy Granted Only
in Conformance With Regulations.
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• ■
A. Zoning Certificates. Unless a zoning certificate shall
first have been obtained from the Office of the Zoning
Administrator:
(1) The construction, building, moving, remodeling or
reconstruction of any structure shall not be
commenced;
(2) Permits pertaining to the use of land or structures
shall not be issued by any other official , officer,
employee, department, board or bureau of the City;
(3) Any zoning certificate issued in conflict with the
provisions of this Ordinance shall be null and void.
B. Occupancy Certificates. No structure or addition thereto
constructed, built, moved, remodeled, or reconstructed after
the effective date of this Ordinance shall be occupied or
used for any purpose; and no land vacant on the effective
date of this Ordinance shall be used for any purpose; and no
use of any land or structure shall be changed to any other
use, unless an occupancy certificate shall first have been
obtained from the Office of the Zoning Administrator
certifying that the proposed use or occupancy complies with
all the provisions of this Ordinance.
10.1-3 Zoning Certificate.
A. Application for Zoning Certificate. Every application for
a zoning certificate shall be accompanied by a plot plan,
in duplicate, drawn to scale and in such form as may, from
time to time, be prescribed by the Zoning Administrator,
showing the location, ground area, height, and bulk of all
present and proposed structures , drives and parking lots ,
the building lines in relation to lot lines, waste disposal
areas, the use to be made of such present and proposed
structures on the land, and such other information as may
be required by the Zoning Administrator for the proper
enforcement of this Ordinance. One copy of the plot plan
shall be retained by the Zoning Administrator as a public
record. • .
B. Issuance of Zoning Certificate. A zoning certificate shall
be either issued or refused by the Zoning Administrator within
10 days after the receipt of an application thereof or within
such further period as may be agreed to by the applicant.
When the Zoning Administrator refuses to issue a zoning
certificate, he shall advise the applicant in writing of
the reasons for the refusal .
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1
C. Period of Validity. A zoning certificate shall become
null and void four (4) months after the date on which
it is issued unless within such four-month period
construction, building, moving, remodeling or re-
construction of a structure is commenced or a use is
commenced.
10.1-4 Occupancy Certificate.
A. Application for Occupancy Certificate. Every application
for a zoning certificate shall be deemed to be an
application for an occupancy certificate. Every application
for an occupancy certificate for a new or changed use of land
or structureswhere no zoning certificate is required shall
be filed with the office of the Zoning Administrator and
be in such form and contain such information as the Zoning
Administrator shall provide by general rule.
B. Issuance of Occupancy Certificate. No occupancy certificate
for a structure or addition thereto constructed, built,
moved, remodeled or reconstructed after the effective date
of this Ordinance shall be issued until such work has been
completed and the premises inspected and certified by the
Office of the Zoning Administrator to be in full and
complete compliance with the plans and specifications upon
which the zoning certificate was issued. No occupancy
• certificate for a new use of any structure or land shall
be issued until the premises have been inspected and
certified by the Office of the Zoning Administrator to be
in full and complete compliance with all the applicable
regulations for the zoning district in which it is located.
Pending the issuance of a permanent occupancy certificate,
a temporary occupancy certificate may be issued to be valid
for a period not to exceed six months from its date pending
the completion of any any addition or during partial
occupancy of the premises. An occupancy certificate shall
be issued, or written notice shall be given to the applicant
stating the reasons why a certificate cannot be issued,
within 10 days after the receipt of an application thereof,
or after the Office of the Zoning Administrator is notified
in writing that the structures or premises are ready for
occupancy. •
10.2 Board of Zoning Appeals.
10.2-1 Authorization. A Board of Zoning Appeals shall be established
by the Governing Body of the City as prescribed by Kansas
Statutes Annotated, Sections 12-714 and 12-715, and shall have
all of the powers and duties as prescribed therein.
10.2-2 Additional Powers and Duties. The Board of Zoning Appeals shall
have the following additional powers and duties:
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A. To hear and decide applications for conditional use permits
• in the manner and subject to the procedure and standards
set out below:
(1 ) Authorization. The Board of Zoning Appeals may authorize, ,
as an exception to the provisions of this zoning ordinance,
the establishment of those conditional uses that are
expressly authorized to be permitted as a conditional
use in a particular zoning district or in one or more
• zoning districts. No conditional use shall be authorized
as an exception to this Ordinance unless the Board of
Zoning Appeals is specifically authorized, by this
Ordinance to grant such conditional use and unless such
grant complies with all of the applicable provisions of
this Ordinance.
(2) Application for Conditional Use Permit. An application
rt
for a conditional use permit, together with an
application for a zoning certificate, shall be filed in
duplicate with the Office of the Zoning Administrator who
shall forward without delay a copy of each to the secretary '
•
of the Board of Zoning Appeals. The application shall
contain the following information as well as such additional
information as may be prescribed by rule of the Board of
Zoning Appeals:
a. A statement or diagram showing compliance with any
special conditions or requirements imposed upon the
particular conditional use by the applicable district
regulations or Section 10.2-2(A)5 of this Ordinance,
if applicable.
b. A statement as to why the proposed conditional use will
not cause substantial injury to the value of other
property in the neighborhood.
c. A statement as to how the proposed conditional use
is to be designed, arranged and operated in order to
permit the development and use of neighboring property
in accordance with the applicable district regulations.
d. Present data in support of the standards specified in
_ Section 10.2-2(A)4. . . .
(3) Hearing on Conditional Use Permit. A hearing on the
application shall be held and notice thereof given as
provided by the rules and regulations of the Board of
Zoning Appeals.
(4) Standards for Conditional Use Permits. The Board of
Zoning Appeals shall not grant a conditional use permit
unless it shall , in each specific case, make specific
written findings of fact directly based upon the
particular evidence presented to it, that support all
of the following conclusions:
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II
a. The proposed conditional use complies with all
• applicable regulations of this Ordinance, including
•
lot size requirements , bulk regulations , use
limitations, and performance standards.
b. The proposed conditional use at the specified location
will contribute to and promote the welfare or jl
convenience of the public.
c. The proposed conditional use will not cause substantial
injury to the value of other property in the neighbor-
hood in which it is to be located.
d. The location and size of the conditional use, the
nature and intensity of the operation involved or
conducted in connection with it, and the location of
the site with respect to streets giving access to it
are such that the conditional use will not dominate
the immediate neighborhood so as to prevent development
and use of neighboring property in accordance with the
applicable zoning district regulations. In deter-
mining whether the conditional use will so dominate
the immediate neighborhood, consideration shall be
given to:
(i) The location, nature and height of buildings ,
structures, walls and fences on the site, and
(ii ) The nature and extent of landscaping and
screening on the site.
e. Off-street parking and loading areas will be provided
in accordance with the standards set forth in
Article VIII of this Ordinance, and such areas will be
screened from adjoining residential uses and located
so as to protect such residential uses from any injurious
effect.
f. Adequate utility, drainage, and other such necessary
facilities have been or will be provided.
g. Adequate access roads or entrance and exist drives
will be provided and shall be so designed ti prevent
traffic hazards and to minimize traffic congestion
in public streets' and alleys.
(5) Conditions and Restrictions. In granting a conditional use,
the Board of Zoning Appeals may impose such conditions,
safeguards and restrictions upon the premises benefited
by the conditional use as may be necessary to comply
with the standards set out in Section 10.2-2(A) , to
reduce or minimize any potentially injurious effect of.
such conditional uses upon other property in the neighbor-
' hood, and to carry out the general purpose and intent of
this Ordinance.
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•
• (6) Period of Validity. No conditional use permit granted
by the Board of Zoning Appeals shall be valid for a
• period longer than 180 days from the date in which the
Board of Zoning Appeals grants the conditional use, unless
within such 180 day-period: (1) a building permit is
obtained and the erection or alteration of a structure
is started, or (2) an occupancy permit is obtained and
a use commenced. The Board of Zoning Appeals may grant
one extension not exceeding 180 days, upon written
application, without notice or hearing.
B. To hear and decide all matters referred to it under the
provisions of this Ordinance.
10.2-3 Appeals. The Board of Zoning Appeals shall administer the
details of appeals from or other matters referred to it regard-
ing the application of the zoning ordinance as privided by K.S.A.
12-715 and any rules and regulations established by the Board
of Zoning Appeals.
10.3 Fees. Every application for a zoning certificate, occupancy certificated,
variance, conditional use permit, or ammendment, or the filing of a
notice of appeal shall be accompanied by such fee as shall be specified from
time by ordinance of the Governing Body of the City.
•
10.4 Violations and Penalties.
10.4-1 Penalties. Any person who violates, disobeys , omits, neglects
or refuses to comply with or resists the enforcement of any
of the provisions of this Ordinance shall be guilty of a mis-
demeanor and shall be fined not less than fifty dollars ($50)
or more than five hundred dollars ($500) for each offense.
Each day such violation or failure .to, comply is permitted to exist . .
after notification thereof shall constitute a separate offense.
10.4-2 Abatement and Injunctive Relief. In the event that any building
or structure is constructed, reconstructed, relocated or main-
tained or any building, structure, lot, or land is used in vio-
lation of any of the provisions of this Ordinance, an appro-
priate action or prodeeding 'in Taw or in equity may be -irrstituted
to prevent such unlawful development, construction, reconstruction,
alteration, relocation, maintenance or use, or to restrain, abate,
enjoin or correct such violation, or to prevent the occupancy of
such building or structure or unlawful use of such land and to
prevent illegal acts , conduct, business or use in or about the
premises. These remedies shall be in addition to the penalties
prescribed in Section 10.4-1.
10.5 Interpretation , Conflict and Separability.
10.5-1 Interpretation. In their interpretation and application, the
provision of this Ordinance shall be considered to be the
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minimum requirements for the protection and promotion of the
public health, safety and welfare.
10.5-2 Conflict with Public and Private Provisions.
A. Public Provisions. The provisions of this Ordinance are
not intended to interfere with, abrogate or annul any
other law, ordinance, resolution, rule or regulation;
where any provision of this Ordinance imposes restrictions
different from those imposed by any other statute, ordinance,
resolution, rule, regulation or other provision of law,
whichever provisions are more restrictive, or impose higher
standards, shall control .
B. Private Provisions. This Ordinance is not intended to
abrogate, annul or otherwise interfere with any easement,
covenant or any other private agreement or restriction,
provided, however, that where this Ordinance is more
restrictive or imposes higher standards or requirements
than such easements, covenants , private agreements or
restrictions , the requirements of this Ordinance shall govern.
10. 5-3 Separability. If any part or provision of this Ordinance or
application thereof to any person or circumstances is adjudged
invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or
application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair
the validity of the remainder of this Ordinance or its appli-
• cation to other persons or circumstances. The City hereby
declares that it would have enacted the remainder of this
Ordinance even without any such part, provision or application.
10.6 Savings Provision. This Ordinance shall not be construed as abating
any action "now pending under prior existing Zoning Regulations, or as
discontinuing, abating, modifying or altering any penalty accruing or to
accrue, or as affecting the liability of any person, firm or corporation,
or as waiving any right of the City under any provision existing at the
time of adoption of this Ordinance, or as vacating or annulling any
rights obtained by any person, firm or corporation, by lawful action of
the City, except as shall be expressly provided for in this Ordinance.
10.7 Reservations and Repeals. Upon the adoption of this Ordinance, the
Zoning Ordinance #6613 of Salina, adopted April 11 , 1962 as amended,
is hereby repealed, except as to such sections expressly retained herein.
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ARTICLE XI: DEFINITION$
11.1 UsaRe. For the purposes of this Ordinance , certain numbers, abbrevi-
ations, terms and words used herein shall be used, interpreted and defined
as set forth in this article. Any word or phrase which is defined in this
article, or elsewhere in this Ordinance •, shallhave .the meaning as so
defined whenever the word or phrase is used in this Ordinance , unless
such definition is expressly limited in its meaning or scope.
11.1-1 Unless the context clearly indicates to the contrary:
A. Words used in the present tense include the future tense;
words used in the singular number include the plural; and
words used in the plural number include the singular.
B. The word "shall" is always mandatory and the word "may" is
always permissive.
C. The word "person" includes individuals, corporations,
partnerships, associations, governmental bodies, agencies,
and all other legal entities.
D. The words "used" or "occupied" as applied to any land or
building shall be construed to include the words "intended,
arranged or designed to be used or occupied."
E. The word "building" includes "structure" and a building or a
structure includes any part thereof.
F. The word "City" means the City of Salina.
11.2 Definitions. The following definitions shall be used in the construction
and interpretation of this Ordinance.
ACCESSORY. The term applied to a building, structure or use which
is clearly incidental or subordinate to, and customary in connection
with, the principal building, structure or use, which is located on
the same plot with the principal building structure or use, and
which conrributes to the comfort, convenience or necessity of occu-
pants, business or industry in the principal building or use served.
Any accessory building or structure attached to a principal building
or structure is deemed to be part of such principal building or
structure in applying the bulk requirements to such building or
structure.
ADVERTISING SIGN. See Sign, Advertising.
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AGRICULTURE USES. The use of a tract of land of not less than five .
acres for growing crops in the open, dairying, pasturage, horti-
culture, floriculture, and necessary accessory uses, including the
structures necessary for carrying out farming operations and the
residence of the pweson who owns or operates the farm, and the
' family thereof; provided, however, such agricultural use shall not
include the following uses: (1) the maintenance and operation of
commercial greenhouses or hydroponic farms, except in zoning district
in which such uses are expressly permitted; (2) wholesale or retail
sales as an accessory use unless the same are specifically permitted
by these regulations; (3) the feeding, grazing, or sheltering of
animals or poultry in either penned enclosures or in open pasture
within 100 feet of any lot line.
AIRPORT. Any area of land or water which is used, or intended for
use for the landing and taking off of aircraft, and any appurtenant
areas which are used or intended for use for airport buildings,
other airport facilities or rights-of-way, including taxiways,
aircraft storage areas, hangars and other necessary buildings and
open spaces.
ALLEY. A public or private right-of-way primarily designed to
serve as secondary access to the side or rear of those properties
whose principal frontage is on some other street.
ALTERATIONS. As applied to a building structure, a change or re-
arrangement of the supporting members, or an enlargement, or the
moving of one location or position to another.
ANIMAL HOSPITAL. A facility for the medical and surgical treat-
ment of animals and their care during the time of such treatment.
APARTMENT. A part of a building consisting of a room or suite of
rooms intended, designed or used as a residence by an individual
or a single-family and located in a multiple-family dwelling.
APPAREL STORES. Stores selling clothing for men, women or children
at retail.
APPLIANCE REPAIRS. The repairing and servicing of common household
appliances such as washing machines, television sets, power tools,
ele'<.tric razors, radios, and refrigerators.
APPLIANCE SALES. The sale of common household appliances such as
washing machines, television sets, power tools, electric razors,
radios and refrigerators, and repair of the same types of appliances
as are sold on the premises where such repairs are incidential or
accessory to the sale of such types of appliances.
APPLICANT. The owner or duly designated representative of land pro-
posed to be subdivided, or for which a conditional use permit,
amendment, variance, zoning certificate or certificate of occupancy
has been requested. Consent shall be required from the legal owner
of the premises.
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AREA. A piece of land capable of being described with such definite-
ness that its location may be establishment and boundaries definitely
. ascertained.
AUTOMOBILE A SSORY TORES. Stores engaged primarily in the
business of selling tires, batteries, seat covers and other automobile
parts and accessories.
AUT M01I,E SAT,FE. The sale of new and used automobiles and other
motor vehicles in operating condition; the storage of automobiles
and other motor vehicles in operating condition; but not including
storage of trucks of more than five tons in weight or buses; and,
the repair and servicing of such vehicles, but not including body
work, painting, or motor rebuilding, unless specifically permitted
by the zoning district regulations.
AWNING. A roof-like cover that is temporary in nature and that
projects from the wall of a building for the purpose of shielding
a doorway or window from the elements.
AWNING SIGN. See Sign, Awning, Canopy, and Marquee.
BANK AND FINANCIAL INSTITUTIONS. Commercial banks, savings and
loan associations, brokerage office and other similar financial
institutions, but not including pawn shops.
BEVERAGE DISTRUBUTORS. Warehouses for the storage and distribution
of beer, soft drinks and other beverages, but not including bottling
plants and similar industrial uses.
BLOCK. A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroads, rights-of-way,
shorelines, or boundary lines of municipalities.
BUILDING. . Any covered structure built for the support, shelter or
enclosure of persons, animals, shattels or movable property of any
kind, and which is permanently affixed to the land.
BUILDING PRINCIPAL. A building in which is conducted the main or
principal use of the lot on which said building is situated.
• BULLETIN BOARD SIGN. See Sign, Bulletin Board.
BULK. NONCONFORMING. That part of a building, structure or more of
the applicable Bulk Regulations herein.
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BULK REGULATIONS, Regulations controlling the size of structures f
and the relationships of structures and uses to each other and to e
open areas and lot lines. Bulk regulations include regulations
controlling: (1) Maximum height; (2) Maximum lot coverage;
(3) Minimum size of yard and setbacks.
BUSINESS AND PROFESSIONAL OFFICE. The office of an engineer, dentist,
doctor, attorney , real estate broker, insurance broker, architect, or
other similar professional person, and any office used primarily for
accounting, correspondence, research, editing or administration.
CAMPGROUND. An area or premises in which space is provided for
transient occupancy or use by tourists occupying tents, recreational
vehicles, or mobile homes less that twelve feet wide.
CAMPING TRAILER. A vehicular portable unit mounted on wheels and
constructed with collapsible partial side walls which fold for
towing by another vehicle and unfold at the camp site to provide
temporary living quarters for recreational, camping, or travel use.
(See "Recreational Vehicle.")
CANOPY. Any structure, movable or stationary, attached to and
deriving its support from framework or posts or other means
independent of a connected structure for the purpose of shield-
_ ing a platform, stoop or sidewalk from the elements; or, a roof-
like structure and overhangs the public way.
CANOPY SIGNS See Sign, Awning, Canopy, and Marquee.
CAPACITY IN PERSONS. The maximum number of persons that can avail
themselves of the services (or goods) of an establishment, at
any one time, with reasonable comfort.
CAR WASH. A building or portion thereof, containing facilities
for washing more than tow automobiles, using production line
methods with a chain conveyor, blower, steam cleaning device,
or other mechanical devices; or providing space, water, equip-
ment or soap for the complete or partial hand-washing of such
automobiles, whether by operator or by customer.
COMMERICAL DISTRICT. Any zoning district designated with a "C,"
for example "C-1," "C-2," etc.
COMMON OPEN SPACE. A parcel of land or an area of water, or
combination of both land and water, within a site designated as
a planned residential development district and designed and intended
for the use and enjoyment of the residents of the planned residential
development. Common open space does not include streets, alleys,
parks, off-street parking or loading areas, public open space, or
other facilities dedicated by the developer for public use. Common
open space shall be substantially free of structures but may
contain such improvements as are approved as a part of the general
development plan and are appropriate for the recreation of residents
of the planned residential development.
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COMPLETELY ENCLOSED BUILDING. A building separated on all sides from
adjacent open space or from other buildings by fixed exterior or
party walls, pierced only by windows and entrance or exit doors,
and covered by a permanent roof.
•CONSTRUCTION SIGN. See Sign, Construction.
CORNER LOT. A lot which adjoins the point of intersection or meeting
of two or more streets and in which the interior angle formed by the
street lines is 135 degrees or less. If the street lines are curved,
the angle shall be measured at the point of intersection of the
extensions of the street lines in the directions which they take at
the intersections of the street line with the side lot and with the
rear lot line of the lot. If the street line is curved at its point
of intersection with the side lot line or rear lot line, the tangent
to the curve at that point shall be considered the direction of the
street.
DAY CARE HOME. A home in which care is given to six (6) or fewer
chilfren, not related to the operator by close ties of blood,
marriage, or legal adoption, outside their own home during any part
of the day. Day Care Homes shall meet all requirements of the
Kansas Department of Health and Environment-Bureau of Maternal
and Child Health.
DENSITY. Restrictions on the number of dwelling units that may
be constructed per acre or per square feet of zoning lot area.
DEVELOPER. The legal or beneficial owner or owners of all of the
land proposed to be included in a planned development, or the duly
authorized agent thereof. The holder of an option or contract to
purchase, a lessee having a remaining term of not less than 40
years, or other person having an enforceable properietary interest
in such land, shall be deemed to be a developer for the purpose of
this ordinance.
DOG KENNEL. Any place where five or more dogs are kept, maintained,
boarded, and/or bred for a fee and/or offered for sale.
DRIVE-IN ESTABLISHMENT. A place of business being operated for
the sale and purchase at retail of food and other goods, services
or entertainment, which is laid out and equipped so as to allow
some or all of its patrons to be served or accommodated while
remaining in their automobiles on the premises or elsewhere on
the premises but outside any completely enclosed structures;
or an establishment which customarily packages food for carry out.
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DRY CLEANING (Self Service) . An establishment providing facilities
with which customers may dry-clean their own clothes or other fabrics.
DRY CLEANING PLANT. An establishment in which clothing and other
fabrics are dry-cleaned professionally.
DWELLING. A building or portion thereof, but not a mobile home,
designed or used for residential professionally.
DWELLING, ATTACHED. A residential building which is joined to
another dwelling at one or more sides by a party wall or walls.
DWELLING, DETACHED. A residential building which is entirely
surrounded by open space on the same lot.
DWELLING, MUTIPLE-FAMILY. A residential building containing three
or more dwelling units.
DWELLING, SINGLE-FAMILY. A residential building containing one
dwelling unit only.
DWELLING UNIT. One or more rooms in a residential building or
•
residental .portion of a building which are arranged, designed,
used, or intended for use by one family, and which includes
cooking space and lawful sanitary facilities reserved for the
occupants thereof. -
EASEMENT. Authorization by a property owner for the use by
another, and for a specified purpose, of any designed part of
his property.
FAMILY. Either (a) an individual or two or more persons related
by blood, marriage or adoption, living together as a single
housekeeping unit in a dwelling unit; or (b) a group of not more
than four persons who need not be related by blood, marriage,
or adoption, living together as a single housekeeping unit in
a dwelling unit; plus in either case, usual domestic servants.
A family may include any number of gratuitous guests or minor
children not related by blood, marriage, or adoption.
FAMILY CARE FACILITY. A facility which provides resident
services in a single family dwelling to six (6) or fewer individuals
who need not be related. These individuals may be handicapped,
aged, disabled, or in need of adult supervision, are undergoing
rehabilitation, and are provided service and supervision in
accordance with their individual needs.
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FENCE. A free -standing structure of metal, masonry, composi-
tion or wood or any combination thereof resting on or partially
buried in the ground and rising above ground level,and used for
confinement, screening or partition purposes.
FINAL PLAT. The map or plan or record of a subdivision, and
any accompanying material, as described in the subdivision
regulations.
FLEXIBLE ZONING. Zoning which permits uses of land and density
of buildings and structures different from those which are allowed
as of right within the zoning district in which the land is
situated.
FLOOD FRINGE. That portion of the flood plain lying outside
of the floodway, i.e., subject to being covered by flood
waters of the regulatory flood, but not required to carry
and discharge the flood waters.
FLOOD PLAIN. A watercourse and land adjacent to a watercourse
subject to inundation form a flood having a chance occurrence
in any one year of one percent (1%) .
FLOODWAY. The channel of a stream or other watercourse, and
the 1 and areas adjacent to the stream channel, that are
required to carry and discharge the flood waters of the
regulatory flood (the 100-year flood) within undue restriction.
FLOOR AREA. The sum of the gross horizontal arms of the
several floors of the building measured from the exterior faces
of the exterior walls or from the center line of walls separating
two buildings computed as follows :
A. For Determining Floor Area Ratio: The sum of the following
areas: (1) the basement floor area when more than one-half
of the basement height is above the finished lot grade
level where curb level had not been established; (2)
elevator shafts and staurwells at each floor; (3) floor
space used for mechanical equipment (except equipment,
open or enclosed, located on the. roof) ; (4) penthouses;
(5) attic space having headroom of seven feet, ten inches
or more; (6) interior balconies and mezzanines; (7)
enclosed porches ; and (8) floor area devoted to
accessory uses. Space devoted to off-street parking
or loading shall not be included in the floor area.
The floor area of structuresdevoted to bulk storage of
materials including, but not limited to, grain elevators
and petroleum storage tanks shall be computed by count-
ing each ten feet of height, or fraction thereof, as
being equal to one floor.
•
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B. For Determining Off-Street Parking and Loading Requirements.
The sum of the following areas : (1) floor space devoted
• to the principal use of the premises, including accessory
storage areas located within selling or working space
such as counters, racks, or closets; (2) any basement
floor area devoted to retailing activities; and (3) floor
area devoted to the production or processing of goods or to
business or professional offices. For this purpose, floor
area shall not include space devoted primarily to storage
purposes (except as otherwise noted herein), off-street
parking or loading facilities, including aisles, ramps
and maneuvering space, or basement floor area other than
area devoted to retailing activities, the production or
processing of goods, or business or professional offices.
FOOD STORES. Stores which sell foods, fresh or frozen, and
other items commonly sold in connection therewith and includ-
ing, but not limited to, stores commonly referred to as dairy
stores, delicatessens, fruit and vegetable markets, grocery
stores, health food stores, nut shops and supermarkets.
Sales must be made at retail on the premises. •
FRATERNAL AND/OR SERVICE CLUBS. An association formally
organized for a common purpose, or interest, and operated
not for profit for persons who are'bona fire members paying
annual dues, which owns, hires, or leases premises, the
use of which premises is restricted to such members and their
guests. The affairs and management of such association
are conducted by a board of directors, executive committee,
or similar body chosen by the members at their annual meet-
ing. Food, meals and beverages may be served on such premises,
provided adequate dining space and kitchen facilities are
available. Alcoholic beverages mah be sold or served to members
and their guesfs, provided such service is secondary and incident-
al to the promotion of some other common objective.:of the
orgaization, and further provided that such sale or service of
alcoholic beverages is in compliance with all federal, state,
county and local laws.
FRONT LOT LINE. See Lot line, Front.
FRONT YARD. See Yard, Front
FRONTAGE. The length of a front lot line or lines.
GARAGE. A building for the storage of motor vehicles.
GARDEN STORES. Stores which sell growing plants, seeds, bulds,
shrubs and gardening and landscaping tools, implements and
supplies, including lawn furniture.
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GASOLINE SERVICE STATION. Any use of land, including any building
or structures thereon, that is used for the supply of gasoline or
other fuel for the propulsion of vehicles, including any area,
building or structure uses for polishing, greasing, washing, cleaning
or servicing or repairing of motor vehicles .
PROUND SIGN. See Sign, Ground.
GROUP CARE FACILITY. A facility which provides resident services
to seven (7) or more individuals of whom one or more are unrelated.
These individuals may be handicapped, aged or disable, are under-
going rehabilitation, and are provided services to meet their needs.
GROUP DAY CARE CENTERS. A day nursey providing care for seven (7)
or more children for part or all of a day, away from the home of
the parent or legal guardian; and including full day care, nursery
schools, play groups, centers giving emphasis to special programming
for children, kindergartens not accredited by the State Department
of Public Instruction, and other establishments offering care to
groups of children for part or all of the day. Group Day Care
Centers shall meet all requirements of the Kansas Department of
Health and Environment-Bureau of Maternal and Child Health.
HEIGHT, MAXIMUM. A horizontal plane above and parallel to the
average finished grade of the entire zoning lot at the height
shown in the district regulations. No part of any structure
shall project through such plane except:
A. Chimneys, flues, stacks, fire escapes, gas holders, elevator
enclosures, ventilators, skylights, water tanks and similar
roof structures needed to operate and maintain the building
on which they are located;
B. Flag poles, television aerials, water towers and tanks,
steeples and bell towers, carillons, monuments, cupolas,
broadcasting and microwave transmitting and relay towers,
and electric transmission line towers.
HOME OCCUPATION. A profession or other occupation not other wise
permitted in the district, which is conducted as an accessory
use on a residential lot by one or more members of the family
residing on the premises.
HOTEL. A building or portion thereof, or a group of buildings,
which provides sleeping accommidations for transients on a daily
or weekly basis, whether such establishments are designated as
a hotel , inn, automobile court, motel, motor inn, motor lodge,
tourist cabin, tourist court, or otherwise.
INDENTIFICATION SIGN. See Sign, Identification.
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INDUSTRIAL DISTRICT. Any zoning district designated "I-I, I-2
or 1-3."
JUNK YARD. An area of land with or without buildings, used for
or occupied by a deposit, collection or storage, outside a
• completely enclosed building, of used or discarded materials
such as wastepaper, rags or scrap material, used building - - - _
materials, house furnishings, machinery, vehicles or parts
thereof, with or without the dismantling, processing, salvage,
or other use or disposition of the same.
LANDSCAPING. The improvement of a lot, parcel or tract of
land with grass and shrubs and/or tress. Landscaping may
include pedestrian walk, flowerbeds, ornamental objects
such as fountains, statuary, and other similar natural
and artificial objects designed and arranged to produce
an aesthetically pleasing effect.
LAUNDRY. An establishment in which clothing and other
fabrics are laundered professionally.
LAUNDRY (Self-Service) . An establishment providing facilities
with which customers may launder their own clothes or other
fabrics.
LODGING HOUSE. A business establishment provides and
living quarters (but not individual cooking facilities) in an
immovable structure on a weekly or monthly basis.
LOT AREA. The area of a horizontal planebounded by the
front, side and rear lot lines.
LOT. CORNER. See Corner Lot.
LOT COVERAGE. That percentage of a lot which, when viewed
directly from above, would be covered by a structure or stru-
tures, or any part thereof, excluding projecting roof eaves.
LOT DEPTH, The distance between the midpoints of the front
lot line and the mid-point of the rear lot line.
LOT LINE. Lot Boundary Line. See Lot Line, Front; Lot Line,
Rear; Lot Line, Side.
LOT LINE. FRONT. A street right-of-way line forming the
boundary of a lot.
LOT LINE. REAR. The lot line that is most distant from, and
it, or is most nearly, parallel to, the front lot line. If
a rear lot line is less than 12 feet long, or if the lot
comes to a point at the rear, the rear lot line shall be a
line at least 15 feet long, lying wholly within the lot,
parallel to the front line. If a zoning lot has two or
more front lot lines, the owner or developer shall design-
ate the yard which is to,be the rear yard.
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LOT LINE, SIDE, A lot line which is neither a front lot line
or a rear lot line.
11
LOT OF RECORD. A lot which is part of a subdivision, the
plat of which had been recorded in the office of the Register
' of Deeds of Saline County, or a parcel of land the deed to
which was recorded prior to adoption of this Ordinance. The
owner of such a lot or parcel shall be deemed to be any
equitable owner.
LOT SIZE REQUIREMENTS. Restrictions on the dimensions of
lots including (1) minimum lot area, width and depth; and
(2) madimum density. Minimum lot area, width and depth
establish the size of the zoning lot on which a structure or
or use, or two or more structures or uses, may be constructed
or established.
LOT WIDTH. The distance on a horizontal plan.between the side
lot lines measured at right angles to the lot depth at the
established front building line. Lot width shall never be less than
35 feet at the front lot line.
LOT, ZONING. A parcel of land that is designated by its
owner or developer, at the time of applying for a zoning
certificate as a tract all of which is to be used,
developed, or built upon as a unit under single ownership,
As long as it satiffies the above requirements, such lot
may considt of: (1) a single lot of record; (2) a
portion of a lot of record; or (3) a combination of complete lots
lots of record, complete lots and portions of lots of record, or
or lots of record.
MARQUEE SIGN. See Sign, Awning, Canopy, and Marquee.
MOBILE HOM . Any moveable structure designed for occupancy ._ . .
as a residence, office, business, etc. , which was not or
cannot be determined to have been built in accordance with'
the building Codes of the City. This definition excludes
any moveable structure which was designed for recreational
purposes or not designed for permanent attachment to
utilities.
kIOBILE HOME CO11BT. See Mobile Home Park.
MOBILE HOME PARK. An area, piece, parcel, tract, lot, or
plot of land, which is licensed by the City, and which is
used or intended for use or occupancy by one or more mobile
homes. This term does not include sales lots on which
unoccupied mobile homes, whether new or used, are located
for the purposes of storage, inspection, or sale.
MOBILE HOME SPACE.. A plot of land within a mobile home
park which can accomodate one mobile home and which
provides the necessary utility servoces for water, sew-
erage, and electricity.
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MOBILE SIGN. See Sign, Mobile. -
MOTOR FREIGHT TERMINAL. A building or area in which freight brought
by the truck is assembled and/or stored for routing in intrastate
and interstate shipment by truck or in which semi-trailers, includ-
ing tractor and/or trailer units, and other trucks are parked or
stored.
MOTOR HOME. A vehicular unit designed to provide temporary living
quarters for recreational, camping, or travel use built on or
permanently attached to a self-propelled motor vehicle chassis or
on a chassis cab or van which is an integral part of the completed
vehicle. (See "Recreational Vehicle.")
NAMEPLATE SIGN, See Sign, Nameplate.
NONCONFORMING LOT OF RECORD. An unimproved lot which does not
comply with the lot size requirements for any permitted use in the
district in which it is located.
NONCONFORMING STRUCTURE. A structure which or land which does not
• comply in some respect with the use regulations applicable to new
structures in the zoning district in which it is located.
NONCONFORMING USE. An existing use of a structure or land which
does not comply in some respect with the use regulations applicable
to new-uses in the zoning district in which it is located.
NONCONFORMITY. A nonconforming use , nonconforming structure, or a
nonconforming lot of record.
NURSING OR CONVALESCENT HOME. An stitution for the care of children
or the aged or infirm, or a place of rest for those suffering bodily
disorders, but not including facilities for surgical care or insti-
tutions for the care and treatment of mental illness, alcoholism, or
narcotics addiction.
OCCUPANCY PERMIT. A permit issued by the Zoning Administrator
after certification that such land, use, structure, or building
is fit for human occupancy and complies with all of the provisions
of the zoning regulations and other applicable City codes,
Ordinances, rules and regulations.
OFFICE. See Business and Professional Offices.
OFF PREMISE SIGN. See Sign, Advertising.
OUTDOOR STORAGE. The storage of goods and materials outside of
any building or structure, but not including storage of a temporary
or emergency nature.
PACKAGE LIQUOR STORE. An establishment in which alcoholic Bever-
- ages are sold for consumption off the premises.
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PUBLIC SEWER AND WATER SYSTEM. Any system, other than an individual
septic tank or tile field, or individual well, operated by a munici-
pality
or other governmental agency or a public utility for the
disposal of wastes and the furnishing of water.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary
facilities for track operation, but not including freight depots
or stations, loading platforms, train sheds, warehouses, car or
locomotive shops, or car yards.
REAL ESTATE SIGN_ See Sign, Real Estate.
REAR LOT LINE. See Lot Line, Rear.
REAR YARD, See Yard, Rear.
REGULATORY FLOOD. A flood having a chance occurrence in any one
year of one percent (1%), as expressed in the latest engineering
studies in areas of flood plain jurisdiction.
REMODELING. Any change in a structure (other than incidental repairs
and normal maintenance) which may prolong its useful life, or the
useful of its supporting members such as bearing walls or partitions,
columns, beams, girders or foundations; or the construction of any
addition to, or enlargement of, a structure; or the removal of any
portion of a structure.
RESIDENTIAL DISTRICT. Any zoning district designated with an "R,"
for example, "R-I, " "R-2," etc. , any planned development district
that contains residential buildings, and the MH mobile homes,
dormitories, sororities and fraternities.
RESIDENTIAL BUILDING. A building all or part of which contains
one or more dwelling units, including single-family dwellings,
two-family dwellings, multiple-family dwellings, lodging houses,
mobile homes, dormitories, sororities and fraternities.
RESTAURANT_ A public eating house, including but no limited to
the types of business establishments customarily referred to as
cafeteries, coffee shops, dairy bars, restaurants and soda.
RETAIL SALES. The sale of goods, merchandise and commodities for
use or consumption.
RISING STABLES. Structures in which saddle horses are kept, main-
tained and/or boarded, and in connection with which saddle horses
are rented to the general public or made available to members of a
private club. Exercise rings and show rings shall be considered
uses accessory to the use of the premises ofr a riding stable.
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PARKING GARAGE. A building used for the storage of motor vehicles ,
which contains space rented to the general public by the hour, day,
1 week, month or year, and including the accessory sale of gasoline
and motor oil if wholly within a completely enclosed building.
PARKING LOT. Any open area used for the storage of motor vehicles
which contains space rented to the general public by the hour, day,
week, month or year.
PARKING SPACE. A surfaced area, enclosed in the main building or in
an accessory building, or unenclosed, exclusively of driveways ,
permanently reserved for the temporary storage of one automobile,
and connected with a street or alley by a surfaced driveway which
affords satisfactory ingress or egress for automobiles.
PHARMACIES. Stores which sell prescription and nonprescription drugs
and medicine and medical , surgical , and dental supplies and appliances
only.
PLANNING COMMISSION. The Salina City Planning Commission, as established
in accordance with Kansas Statutes Annotated, Sections 12-701 et. seq.
and with the powers and authority therein granted.
POLE SIGN. See Sign, Pole.
PRELIMINARY PLAT. The preliminary drawings and information as described
in this Ordinance and as defined in the Subdivision to be submitted to
Planning Commission for its approval .
PRINCIPAL STRUCTURE. A structure in which a principal use of the lot
on which the structure is located is conducted.
PRINCIPAL USE. The main use of land or structures as distinguished from
a subordinate or accessory use.
PRIVATE CLUB. An association organized and operated for profit or not
for profit for persons who are bona fide members paying annual dues ,
which owns, hires, or leases premises, the use of which premises is
restricted to such members and their guests. Food, meals and beverages
may be served on such premises provided adequate dining room space and
kitchen facilities are available. Alcoholic beverages may be served
or sold to members and their guests provided such service or sale of
alcoholic beverages is in compliance with all federal , state, county
and local laws.
PROJECTING SIGN. See Sign, Projecting
PUBLIC OPEN SPACE. A parcel of land or an area of water, or a
combination of land and water dedicated to public use and available for
the use and enjoyment of the general public. Public open space does
not include streets, alleys or off-street parking or loading areas.
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RECREATIONAL VEHICLE. A vehicle type snit primarily designed as
temporary living quarters for recreational, camping, or travel use,
which either has its own motive power or is mounted on or drawn
by another vehicle. The basic entities include: travel trailer,
camping trailer, topper, truck camper, and motor home.
RIGHT -OF-WAY. A strip of land occupoed or intended to be occupied
by a street, crosswalk, railroad, road, electric transmission line,
oil or gas popeline, water main, sanitary or storm sewer main, or
for another special use.
ROOF SIGN. See Sign Roof.
SCREENING. Decorative fencing or evergreen vegetation maintained
for the purpose of concealing form view the area behind such
structures or evergreen vegetation. When fencing is used for
screening, it shall be not less than six nor more than eight feet
in height.
SETBACK. The distance between the front lot line and the principal
building on the lot.
SIDE LOT LINE. See Lot Line, side.
SIDE YARD. See Yard, Side.
SIGN. Any writing (including letters, words or numerals) , pictorial ..-
representation (including illustrations or decorations) , emlbem
(including devices, symbols, or trademarks) , flag, banner, streamer,
pennant, string of lights, or display calculated to attract the
attention of the public, or any other figure of similar character
which: (1) Is a structure or any part thereof, or a portable
display, or is attached to, painted on, or in any other manner
represented on a building or other structure or on the ground;
(2) Is used to announce, direct attention to, or advertise; and
(3) Is not located inside a building.
SIGN ADVERTISING. A sign which directs attention to a business,
commodity, service, or entainment condicted, sold, or offered at a
location other than the premises on which the sign is located, or
to which it is affixed (off-premise sign) .
SIGN. AWNING. CANOPY, AND MARQUEE. A sign that is mounted of
painted on, or attached to, an awning, canopy, or marquee that is
otherwise permitted by this ordinance. No such sign shall project
more than 24 inches above, below, or 12 inches beyond the physical
dimemsions of the awning, canopy, or marquee, and a minimum of
eight feet of clearance shall be provided above grade.
SIGN. BULLETIN BOAR), A sign that indicated the name of an
institution or organization on whose premises it is located and
which contains the name of the institution or organization, the
name or names of persons connected with it, and announcements
of persons, wvents, or activities occurring at the institution.
Such signs may also present a greeting or similar message.
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SIGN, BUSINESS. A sign which directs attention to a business or
profession conducted, or to a commodity or service sold, offered
or manufactured, or an entertainment offered, on the premises
where the sign is located or to which it is affixed.
SIGN, CANOPY. See Sign, Awning, Canopy, and Marquee.
SIGN CONSTRUCTION. A temporary sign indicating the names of
architects, engineers, landscape .architects, contractors, and
similar artisans involved in the design and construction of a
structure or project only during the construction is taking place.
SIGN GROUND. Any sign places upon, or supported by, the ground
independently of the principal building or structure on the property.
Signs on accessory structures shall be considered ground signs.
SIGN INDENTIFICATION. A sig n giving the name and address of a
building, business, development or establishment. Such signs
may be wholly or partly devoted to a readily recognized symbol.
SIGN, MARQUEE. See Sign, Awning, Canopy, and Marquee
SIGN, MOBILE. A sign which is designed to be easily transported
and is attached to a trailer or other non-motive powered vehicle.
SIGN, NAMEPLATE. A sign giving the name and/or address of the , .
owner or occupant of a building or premises on which it is
located, and where applicable, a professional status.
SIGN, OFF-PREMISE. See Sign, Advertising.
SIGN, POLE. A sign that is mounted on a free-standing pole, the
bottom edge of which sign is six feet or more above ground level.
SIGN PROJECTING, A sign that is wholly or partly dependent upon
a building for support and which projects more than 12 inches
from such building.
SIGN, REAL ESTATE. A sign pertaining to the sale or lease of
the lot or tract of land on which the sign is located, or to the
sale or lease of one or more structures, or a portion thereof '
located thereon.
SIGN, ROOF. A sign erected, constructed, and maintained wholly
upon or over the roof of a building and having the roof as the
principal means of support.
SIGN, WALL. A sign fastened to or painted on a wall of a build-
ing or structure in such a manner that the wall becomes merely
the supporting structure or forms the background surface, and
which does not project more than 12 inches from such building.
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SMALL ANIMAL HOSPITAL. A facility for the medical and surgical
treatment of ordinary household pets , such as dogs , cats , birds ,
and the like, excluding however, horses , donkeys , burros, goats ,
sheep, or other similar animals or pets not capable of being
cared for entirely within the confines of a residence.
STRUCTURE. Anything constructed or erected with a fexed location
on the ground, or attached to something having a fixed location
on the ground. Among other things, structures include buildings ,
walls, sheds, towers , and bins. For purposes of this ordinance,
residential air-conditioning condensing units and similar cool-
ing system apparatus , or so-called "window" or "room" conditioners,
shall not be considered as structures.
SUBDIVISION. Any land, vacant or improved, which is divided or
proposed to be divided into two or more lots for the purpose of
offer, sale, lease or development. Subdivision includes the
devision or development of residential and non-residential
zoned land.
SUBDIVISION REGULATIONS. The official subdivision regulations of
the City, together with all amendments thereto, adopted pursuant
to Kansas Statutes Annotated Section 12-705.
TAVERN. An establishment in which the principal function is the
selling or serving of beer having an alcoholic content of no
greater than 3.2 percent by volume to customers for consumption
on the premises.
TEMPORARY USE. A use permitted in the zoning district subject
to a specific time limit; unless otherwise specified in these
Regulations , a time period not to exceed two years.
TOPPER. A portable unit constructed to provide temporary living
quarters for recreational , travel , or camping use, consisting of
a roof and sides and designed to be loaded onto and unloaded from
the bed of a pick-up truck. (See "Recreational Vehicle.")
TRAILER. A vehicle standing on wheels or on rigid supports which
is used for transporting boats or cargo or property.
TRAVEL TRAILER. A vehicle unit, mounted on wheels , designed to
provide temporary living quarters for recreational , comping, or
travel use and of such size or weight as not ro require. special
highway movement premits when drawn by an authorized vehicle,
and with a living area of less than 220 square feet, excluding
built-in equipment (such as wardrobes , closets, cabinets ,
kitchen units or fixtures) and bath and toilet rooms. (See
Recreational Vehicle.")
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mUrx CANPT'R_ A portable unit constructed to provide temporary
living quarters for recreational, travel, or camping use, consisting
of a roof and sides and designed to be loaded onto and unloaded
from the bed of a pick-up truck. (See "Recreational Vehicle.")
1INDUE RFSTRTCTTON OF THR RFnuiALLIMELOOD. A restriction or blocking
of the conveyance of floodwater on a flood plain created by structures
or fill which, when coupled with an assumed equal conveyance reduction.
on the opposite side of the flood plain, results in an increase in
the height of the Regulatory Flood of more than one (1) foot.
USE. Any purpose for which a structure or a tract of land may be
designed, arranged, intended, maintained, or occupied; also, any
activity, occupation, business or operation carried on, or intended
to be carried on, in a structure or on a tract of land.
LISE REGIITATTONS. The provisions of this Ordinance which identify
permitted and conditional uses, impose use limitations, require
adherance to performance standards and regulate home occupations and
accessory and temporary uses. -
VISION C1.F.ARANCR AREA A triangular area on a lot at the intersec-
tion of two streets or a street and a railroad, two sides of which
are lot lines measured from the corner intersection of the lot .lines
to a distance specified in this Ordinance. The third side of a
triangle is a line across the corner of the lot joining the ends of
the other two sides. Where the lot lines at intersections have
rounded corners, the lot lines will be extended in a straight line
to a point of intersection. The vision clearance area contains
no plantings, walls, structures, or temporary or permanent obstruc-
tions exceeding three and one-half feet in height measured from
the top of the crub.
WALL SIGN% See Sign, Wall.
WHOLESALE SALES. The sale of goods, merchandise and commodities
for resale.
.WIDTH. LOT. See Lot Width.
YARD. Open space on a lot which is unoccupied and unobstructed
trom its lowest level to the sky, except for permitted obstructions.
YARD FRONT.. A yard extending along the full length of a front lot
line and back to a line drawn parallel to the front lot line at a
distance there from equal to the depth of the required front yard.
On a corner lot of a double or reverse frontage lot, each yard that
abuts a front lot line shall be considered a front yard.
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YARD REAR. A yard extending along the full length of the rear lot
line and back to a line drawn parallel to the rear lot line at a
distance there from equal to the depth if the required rear yard.
In the case of a corner lot, there shall be no rear yard as defined,
and in such case the sides opposite the street sides shall be con-
sidered as side yards for setback purposes.
ZONING LOT. See Lot, Zoning.
YARD,SIDE. A yard extending along a side lot line and back to a
line drawn parallel to the side lot line at a distance there from
equal to the width of the required minimum side yard, but excluding
any area encompassed within a front yard or rear yard. Dimensions
of minimum side yards specified in the district regulations of this
ordinance refer to the required width of each side yard rather than
to the width of both side yards, unless otherwise specified;
YMCA, YMCA, BOY SCOUTS, GIRL SCOUTS, CAMP FIRE GIRLS AND OTHER SIMILAR
GROUPS. An association formally organized for a common purpose, or
interest, and operated not for profit for persons who are bona fide
members, which owns, hires, of leases premises, the use of which
premises is primarily utilized for the promotion of the common pur-
pose or interest of the association. Food, meals and beverages may
be served on such premises, provided adequate dining room space and
kitchen facilities are available. No alcoholic beverages may be
served or sold on the premises.
ZONING REGULATIONS. The official zoning regulations of the City
together with any and all amendments adopted pursuant to Kansas
Statutes Annotated sections 12-107 et. seq.
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