6613 Zoning DistrictsORDINANCE NUMBER
AN GRDINANCE TO REGULATE HND RESTRICT THE USE OF LAND AND THL
LOCATION OF BUILDINGS DESIGNED FGR SPECIFIC USES; TO REGULATE AND
RESTRICT THE LOCATION OF TRADES AND INDUSTRIES; TO REGULATE; AND LIMIT
"THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO
REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER OPEN
SPACES; TO REGULATE AND LIMIT THE DENSITY OF POPULATION; TO DIVIDE THE
CITY INTO DISTRICTS AND ESTABLISH, BY REFERENCES TO A MAP, THE
BOUNDARIES OF SAID DISTRICTS FOR SAID PURPOSES; TO PROVIDE FOR A BOARD
OF ZONING APPEALS AND DEFINING ITS POWERS AND DUTIES; TO PROVIDE FOR
ENFGRCEMENT AND PRESCRIBING PENALTIES FOR VIOLATION; TO PROVIDE FOR
AMENDMENTS; TC PROVIDE FOR PERMITS AND CERTIFICATES OF OCCUPANCY; TO
PROVIDE FOR INTERPRETATION OF THIS AND OTHER ORDINANCES OR LAWS OR
COVENANTS, ETC., RELATING TG THE SAME OR SIMILAR SUBJECTS: TG PROVIDE
THAT IF ANY CLAUSE, SENTENCE, SECTION, PARAGRAPH OR PART OF THIS
ORDINANCE SHALL BE HELD INVALID, SUCH INVALIDITY SHALL NOT INVALIDATE
THE REMAINDER; TO PROVIDE FOR THE SAVING GF ALL REMEDIES OF THE CITY
OF S ALINA FOR VIOLATION GF GRDINANCE NG. 3168 AND ALL AMENDMENTS AND
SUPPLEMENTS THERETO, OR ANY OTHER PREVIOUSLY EXISTING ZONING CRDINANCES;
TO PROVIDE FGR THE REPEAL OF ALL OTHER ORDINANCES OR PARTS OF SUCH
ORDINANCES IN CGNFLICT WITH THIS CRDINANCE; SUBJECT, HOWEVER, TO THE
SAVING OF EXISTING REMEDIES, AS AFORESAID.
BE IT ORDAINED BY THE GOVERNING BGDY GF THE CITY OF SALINA,
KANSAS:
Section 1. DISTRICTS. For the purpose of regulating and restrict -
Ing the location of trades and industries, and the location, erection,
alteration and repair of buildings designed for specific uses, and the
use of land, the City of Salina,, Kansas, is hereby divided into nine
districts as follows:
District AA, First Dwelling House District,
District A. Second Dwelling House District,
District B. Two -Family Dwelling House District,
District C. Apartment District,
District DD. Office District,
District D. Local Business District,
District E. General Business District,
District F. Light Industrial District,
District G. Heavy Industrial District,
Section 2, DISTRICT MAP ADOPTED. Boundaries of the districts as
enumerated in Section 1 of this ordinance, are hereby established as
shown on the map attached hereto, which map is hereby designated as
the '•Zoning District Map", and said map and all the notations,
references and information shown thereon are hereby made as much a part
of this ordinance as if the same were set forth in full herein. It
shall be the duty of the Building Inspector to keep on filet in his
office an authentic copy of said map, all changes, amendments or
4dditions thereto, and duplicate copies thereof shall be kept on file
Xn the office of the City Planning Commission and City Clerk.
When definite distances in feet are not shown on the Zoning
Pistrict Map, the district boundaries are intended to be along existing
street, alley or plotted lot lines, or extension of the same, and if
the exact location of such lines is not clear, it shall be determined
Py the Building Inspector, due consideration being given to location
ps indicated by the scale of the Zoning District Map.
When the streets or alleys on the ground differ from the streets
or alleys as shown on the Zoning District Map, the Building Inspector
may apply the district designations on the map to the streets or alleys
pn the ground in such manner as to conform to the intent and purpose
of this ordinance.
After due consideration of the Saline County Zoning Plan the
City Planning Commission shall recommend to the Board of City
Commissioners of Salina the zoning classification of all territory
which may hereafter be annexed to the City of Salina at the time said
territory is annexed to the City, In the event that a recommendation
Is not made by the City Planning Commission or in the event a re-
commendation is not approved by the Board of City Commissioners of
Salina, all territory which may hereafter be annexed to the City of
Salina shall automatically be classed as lying and being In District
"A" until such classification shall have been changed by an amendment
to the Zoning c.rdinance, as provided by law.
Whenever any street or alley is vacated, the particular district
in which the adjacent property lies shall automatically be, extended
to the center line of any such street or alley.
Section 3. 80,ifiD OF ZONING APDL -LS, A Board of Zoning Appeals
is hereby created. The word "Board" when used in this ordinance shall
be construed to mean the Board of Zoning .lppeals. The Board shall
consist of five members to be appointed by the ?,1ayor with the approval
of the Board of Commissioners of the City. :111 of the members of the
Board shall be resident taxpayers of the City of which one member shall
be a member of the Salina City Planning Commission. Of the members
first appointed$ one shall serve for a term of one year$ two shall
serve for terms of two years each, and two shall serve forterms of
three years each. Subsequent appointments shall be made for terms of
three years each, except when vacancies occur prior to the expiration
of a regular term, They shall be filled in the same manner as regular
appointments but shall serve only until the expiration of the term in
which the vacancy occurred. One of the members first appointed shall
be named by the Mayor as Chairman, and this member shall serve as
Chairman for a term of one year, Thereafter the members of the Board
shall elect, from among their number, a Chairman to serve for a term
of one year. The Board of Commissioners of the City shall have the
power to remove any member of the Board for cause after a public
hearing. No member shall receive any compensation for his services.
The member which is appointed from the Salina City Planning
Commission shall be appointed in the same manner as the members of the
Board. In the event that this member's term on the Planning Commis-
sion shall expire prior to the expiration of his term on the Board of
Zoning Appeals$ and in the event he is not reappointed to the Planning
Commission, his position on the Board of Zoning Appeals shall become
vacant coterminously with the expiration of his appointment to the
Planning Commission. The powers and duties of the Board are outlined
in Section 2S•
Section 4, DLFINITIONS, For the purpose of this ordinance, the
following words and terms as used herein are defined to mean the
following;
Words used in the present tense include the future: words in the
singular number include the plural; and words in the plural number
Include the singular; the word "building" includes the word
"structure"; the word "shall" or the word "must" is mandatory and not
directory; the word "lot" includes the word "plot"; the term "used
for" includes the meaning "designated for" or "intended for",
1, ACCESSORY BUILDING OR USE: A subordinate building, or a
portion of the main building having a use customarily incident to and
located on the lot occupied by the main building; or a use customarily
Incident to the main use of the property.
'l. ALLEY: A public way which affords only a secondary means of
access to abutting property*
3. ALTERATIONS, STRUCTURALS Any change in the supporting
members of a building such as bearing walls, columns, beams or girde•re,
4. APARTMENT t A room or a suite of rooms within an ,apartment
house arranged, intended, or designed for a place of residence of a
single family or group of individuals living together as a single
housekeeping unit.
50 APARTMENT HOUSE: A building arranged, intended, or designed
for more than two families,
6, APARTMENT HOTEL: An apartment house which furnishes for the
use of its tenants services ordinarily furnished by hotels, but the
privileges of which are not primarily available to the public,
7, AREA, BUILDING: The total of areas taken on a horizontal
plane at the main grade level of the principal building and all
accessory buildings exclusive of uncovered porches$ terraces and
steps,
8► BASEMENTI A story below the first story as hereafter
defined,
9, SLOCKs A place or parcel of land entirely surrounded by
public highways or streets, other than alleys. In cases where the
platting is incomplete or disconnected► the Building Inspector shall
determine the outline of the block.
10, BOARDING HOUSE OR LODGING HOUSE: A building other than a
hotel, occupied as a single housekeeping unit, where lodging or meals
are provided for five or more persons for compensation, pursuant to
previous arrangements, but not for the public or transients.
11. BUILDING: Any structure having a roof supported by columns
or by walls and intended for the shelter, housing or enclosure of
persons, animals or chattel.
12. BUILDING, DETACHED: A building surrounded by open space
on the same lot.
13, BUILDING, MAINS A building in which is conducted the
principal use of the lot on which it is located.
14, COURT, INNER: A court enclosed on all sides by exterior
walls of a building or by exterior walls and lot lines on which walls
are allowable.
15, COURT, OUTER: A court extending to a street line or opening
upon any front, side or rear yard.
16. CGVERAGEs That percentage of the plot or lot area covered
by the building area.
17. CURB LEVEL: The mean level of the curb in front of the lot,
or in case of a corner lot, along that abutting street where the mean
curb level is the highest,
18. DUMP: A lot or land or part thereof used primarily for the
disposal of abandonment, dumping, burial,, burning or any other means
and for whatever purpose of garbage, sewage, trash, refuses Junk,
discarded machinery, vehicles or parts thereof, or waste material of
any kind.
196 DWELLING: A building or portion thereof► designed
exclusively for residential occupancy, including one family► two
family, and multiple dwellings, boarding and lodging houses, but not
hotels,
20, DWELLING, ONE-FAMILYs A detached building arranged, in-
tended, or designed for occupancy by one family.
21, DWLLLING, TWG-FAMILY: A building arranged, intended► or
designed for occupancy by two families.
22, DWL'LLING, NIULTIPLLi A building or portion thereof, arrang-
ed, intended, or designed for occupancy by three or more families,
Including apartment houses, row houses, tenements and apartment
hotels.
23, FAMILY: Any number of individuals living together as a
single housekeeping unit, as distinguished from a group occupying a
boarding house, lodging house or hotel as defined herein.
24, FARM: Any parcel of land containing at least ten (10)
acres which is used for gain in the raising of agricultural products,
livestock, poultry and dairy products. It includes necessary farm
structures within the prescribed limits and the storage of equipment
used, It excludes the raising of furbearing animals, riding
academies, livery or boarding stables and dog kennels.
25, FILLING STATIGN: Puildings or premises or portion thereof
arranged, intended or designed to be used for the retail sale of
gasoline or other motor vehicle or motor boat fuel.
26. YL(Lh ,IKEA LF A BUILDING: The sum of the gross horixohtai
areas of the several floors of a building and its accessory buildings
on the same lot, excluding the area of roofed porches and roofed
terraces. x'.11 dimensions shall be measured between exterior faces
of walls.
27, GARAGL5, C(AMa.UNITY: A building or portion thererof, other
than a public, private., or storage garage providing storage for motor
vehicles with facilities for washings but no other services, such
garage to be in lieu of private garages within a block or portion of
block.
28, GAKAGE, PRIVATE: An accessory building for storage only of
motor vehicles,
29, GARAGE, PUBLIC: A building or portion thereof, designed or
used for the storage, sale, hiring, care or repair of motor vehicles,
which is operated for commercial purposes.
30. GARAGE, STORAGE& A building{ or portion thereof, except
those defined as a private, a public, or a community garage providing
storage for motor vehicles, with facilities for washing butt no other
services.
31, GRADE, ESTABLISHED; The elevation of the center line of
the streets as officially established by the City (or county)
authorities.
32, HLIGHT OF BUILDINGS: The vertical distance meavured from
the highest of the following three levelsi
a, From the street curb level;
b. From the established or mean street grade in case
the curb has not been constructed;
c, From the average finished ground level adjoining the
building if it sets back from the street line; to the
level of the highest point of the roof beams of flat
roofs or roofs inclining not more than one inch to the
foot$ and to the mean height level of the top of the
main plate and highest ridge for other roofs,
33. HLIGHT OF YARD GR COURT: The vertical distance from the
lowest level of such yard or court to the highest point of any
boundary wall,
34. HOTEL: A building occupied or used as a more or less
temporary abiding place of individuals or groups of individuals who
are lodged, with or without meals, and in which there are more than
twelve sleeping roomst and no provision for cooking in individual
rooms,
33, JUNK YARD: A lot, land or structure, or part thereof, used
primarily for the collection# storage and sale of waste paper, rags,
scrap metal or discarded material; or for the collecting, storage and
salvaging of machinery or vehicles not in running condition, and for
the sale of parts thereof,
36, LCT: A parcel of land occupied or to be occupied by one
building, or unit group of buildings, and the accessory buildings or
uses customarily incident thereto, including such open spaces as are
required under this ordinance, and having its principal frontage upon
a public street or place,
37. LOT, CORNER: A lot abutting upon two or more streets at
their intersection. A corner lot shall be deemed to front on that
street on which it has its least dimension, unless otherwise
specified by the Building Inspector,
38, LCT, INTERIOR: A lot whose side lines do not abut upon any
street,
39. LL1, THROUGH: An interior lot having frontages on two
streets.
40, LLT LINES: The lines bounding a lot as defined herein,
41. LOT DEPTH: The mean horizontal distance from the front
street line to the rear line,
42, LOT WIDTH; The mean horizontal distance between side lines
measured at right angles to the depth.
43, LOT VF RECORD: A lot which is a part of a sub-dlivision,
the map of which has been recorded in the office of the kegister of
Deeds of Saline County, Kansas, or a lot described by metes and
bounds, the description of which has been recorded in the office of the
Register of Deeds of Saline County, Kansas.
44, NON-CONFORMING USE, BUILDING GR YARD: A use, building or
yard existing legally at the time of the passage of this ordinance
which does not, by reason of design or use conform to the regulations
of the district in which it is situated.
45, PARKING SPACE: An off-street space available fox, the parking
of one motor vehicle and having an area of not less than two hundred
(200) square feet exclusive of passageways and driveways appurtenant
thereto and giving access thereto, and having direct access to a street
or alley,
46. PLACE: An open, unoccupied space other than a street or
alley permanently established or dedicated as the principal, means of
access to property abutting thereon,
47. REAR LINE: The boundary line which is opposite and most
distant from the front street line; except that in the case! of un-
certainty the Building Inspector shall dbtermine the rear line,
48. SIDE LINE: Any lot boundary line not a front or rear line
thereof. A side line may be a party lot line, a line bordering on an
alley or place or a side street line,
49. SIGN; Any device for visual communication that is used for
the purpose of bringing the subject thereof to the attention of the
public, but not including any flag, badge or insignia of any govern-
ment or government agency, or of any civic, charitable, religious,
patriotic, fraternal or similar organization.
50. STABLE, PRIVATE: An accessory building for the keeping of
horses or mules only, such horses and mules to be owned by occupants
of the premises, and not kept for remuneration, hire or sale,
51. ST ABLE, PUBLIC: A stable other than a private or riding
stable as defined herein,
52. STABLE, RIDING: A structure in which horses or mules used
exclusively for pleasure riding or driving are housed, boarded, or kept
for hire, including riding track.
53. STORY; That part of a building included between the surface
of one floor and the surface of the floor next above, or if there be
no floor above, that part of the building which is above the surface
of the highest floor thereof. A top story attic is a half story when
the main line of the eaves is not above the middle of the interior
height of such story. The first story is the highest story having its
interior floor surface not more than four feet above the curb level,
established or mean street grade, or average ground level, as mentioned
in paragraph 32 of this section,
54, STREET: A public thoroughfare which affords principal means
of access to property abutting thereon.
55. STREET LINE: The dividing line between the street and the
abutting property.
56, STRUCTURE: Anything constructed or erected, which requires
location on the ground, or attached to something having a location on
the ground; including, but not limited to advertising signs, bill-
boards, and poster panels, but exclusive of customary fences or
boundary or retaining walls.
57, STRUCTURAL ALTERATIONS: Any change in the supporting members
of a building, such as bearing walls, columns, beams or girders.
58. TOURIST CABIN OR TRAILER CAMPS: A tract or parcel of land
upon which one or more tourist cabins# for transient use only, are
located, or where temporary accommodations are provided for two or
more automobile trailers, tents or house cars,open to the public either
free or for a fee.
59. USE: The specific purpose for which land or a building is
designed, arranged, intended, or for which it is or may be occupied or
maintained. The term "permitted use" or its equivalent shall not be
deemed to include any non-conforming use,
60, YARD: An open space at grade between a building and the
adjoining lot lines, unoccupied and unobstructed by any portion of a
structure from the ground upward, except as otherwise provided. In
measuring a yard for the purpose of determining the width of a side
yard, the depth of a front yard or the depth of a rear yard, the least
horizontal distance between the lot line and the main building shall
be used.
61. YARD, FRONT: A yard across the full width of the lot extend-
ing from the front line of the main building to the front .street line
of the lot.
62. YARD, REAR: A yard
line of the main building and
63. YARD, SIDE: A yard
adjacent side line of the lot,
yard to the rear yard thereof.
between the rear lot line and
the side lot lines.
between the main building and
and extending entirely from
the rear
the
the front
Section 5, REQUIREMENTS MUST BE OBS;RVED. Except as hereinafter
provided:
1. No buildings or structures shall be erected, constructed,
reconstructed or structurally altered, nor shall any building,
structure or land be used for any purpose other than is permitted in
the district in which: such building, structure or land is isituated.
2. No building or structure shall be erected, constructed, ex-
tended, enlarged, reconstructed or structurally altered to exceed the
height or area limit herein established for the district in which such
building or structure is situated.
3. No lot area shall be reduced or diminished so that the yards
or other open spaces shall be smaller than prescribed by this
ordinance, nor shall the width of any lot be reduced or diminished so
that the minimum width of the lot shall be smaller than prescribed by
this ordinance, nor shall the density of population be increased in
any manner, except in conformity with the area regulations established
herein.
4. No part of a yard or other open space required about any
building for the purpose of complying with the provisions of this
ordinance shall be included as a part of a yard or other open space
similarly required for another building.
Section 6. DISTRICT "AA". (First Dwelling House District) USE
REGULATIONS. In District "AA" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter
erected, constructed, reconstructed or altered except for one or more
of the following uses:
1. Dwellings, one family,
2. Churches and community buildings,
3, Public parks and playgrounds, golf courses, (except
miniature golf courses, driving ranges and other ,similar
activities operated as a business), public recreation
buildings and public museums,
4. Public schools, elementary and high, and private schools
with curriculum equivalent to that of a public elementary
or high school, and institutions of higher learning, includ-
ing stadiums and dormitories in conjunction, if located on
the campus,
5. Public administrative buildings, public libraries,, police
stations and fire stations,
6. Railroad right of ways, not including railroad yards,
7. Agriculture, nurseries, and truck gardens limited to the
propagation and cultivation of plants; provided no retail
or wholesale business shall be conducted upon the premises,
and provided that no obnoxious fertilizer is stored upon the
premises, and no obnoxious soil or fertilizer renovation is
conducted thereon,
8. Accessory uses, customarily incident to the above uses and
located on the same lot therewith, not involving the conduct
of a retail business:
(a) The term accessory use shall include customary
home occupations, such as the office of physician,
dentist, surgeon, dressmaker, musician, or artist,
but not including barber shops or beauty► parlors,
under the following restrictions:
(1) That such uses are located in the dwelling
used by a person as his or her private
residence.
(2) That no assistant other than a member of the
family household is employed, and ,no window
display or sign, either illuminated or more
than one square foot in area is used to
advertise the same.
(3) That no power other than electric ,and of not
more than one horse power is used.
(b)
A billboard, signboard, or advertising sign shall
not be permitted as an accessory use, except that
the placing of an unilluminated "For Sale" or "For
Rent" sign not more than eight (8) square feet in
area may be permitted as an accessory use, and
except that churches and other institutions may
display signs showing names, activities and
services therein provided, and that during con-
struction of a building one unilluminated sign
advertising contractors or architects for such
buildings shall be permitted, providing such sign
shall not be more than eight (8) square feet in
area, and shall be set back of the established
customary building line, and such sign shall be re-
moved immediately upon completion of this building.
(c)
There shall be permitted one private garage with
space for not more than one motor vehicle for each
three thousand (3000) square feet of lot area (but
permitting a minimum of two cars) provided that
such garage shall be located not less than sixty
(60) feet from the front lot line, nor ;less than
three (3) feet from any lot line, and in the case
of corner lots not less than the distance required
for residences from side streets. A garage may be
constructed across a common lot line by mutual
agreement between property owners. A garage con-
structed as an integral part of the main building
shall be subject to the regulations affecting the
main building.
(d)
Community garages may be permitted by the Board.
Such community garage may provide facilities for
washing cars, and access thereto, if from the street
shall be by not more than one driveway. Such
garages shall be so located as to be distant at
least six (6) feet from any party lot line and shall
be set back from any front or side street line a
distance at least ten (10) feet greater than would
be required for a residence building in the same
location, and shall not be over one story or six-
teen feet high. No commercial vehicle shall be
housed in any such community garage.
(e)
Temporary real estate sales office, located on pro-
perty being soldt and limited to period of sale,
but not exceeding two years without special permit
from the Board.
(f)
There shall be permitted as an accessory use,
recreation and service buildings or refectories in
a public park or playground.
HEIGHT AND AREA
REGULATIONS.
In District "AA"
the height of buildings, the minimum dimensions
of lots and yards,
and the minimum lot area per family permitted on any
lot, shall be as follows:
(For exception see Section 19)
Height: No building
shall exceed thirty-five (38) feet or two
and one half stories.
Front Yards:
Any building hereafter constructed shall, provide
for a front yard,
the minimum depth of which sha.13, be at Jea,s•t thirty
(30) feet.
Side Yards: There shall be a side yard on each side of a build-
ing not less than ten (10) feet; provided, however, that on a lot of
record at the time of adoption of this ordinance, having a width of
lose than herein required, and held in distinct ownership from adjoin-
ing lots, the width of each side yard shall be not less than twelve
(12) percent of the width of the lot. Buildings on corner lots,
where interior lots have been platted or sold fronting on the side
street, may project not more than ten (10) feet in front of the line
established for buildings by the front yard requirements for the
Interior lots on the side street, provided this requisition shall not
be so interpreted as to reduce the buildable width of a corner lot in
separate ownership at the time of the passage of this ordinance, to
less than twenty-eight (28) feet, and provided, that the side yard
regulations above shall be observed.
Rear Yards: The depth of the rear yard shall be at least thirty
(30) feet.
Width of Lot: The minimum width of an interior lot shall be
seventy-five (75) feet, and a corner lot eighty-five (85) feet; pro-
vided, however, that where a lot which is a part of a subdivision, the
map of which has been recorded in the Office of the Register of Deeds
of Saline County, Kansas, at the time of the adoption of this
ordinance, has less width than herein required, this regulation will
not prohibit the erection of a one -family dwelling.
Lot Area per Family; Every dwelling hereafter erected or
altered shall provide a lot area of not less than eight thousand
(b000) square feet per family, provided that where a lot which is a
part of a subdivision, the map of which has been recorded in the
Office of the Register of Deeds of Saline County, Kansas, at the time
of adoption of this ordinance has less area than herein required at
the time of passage of this ordinance, this regulation shall not pro-
hibit the erection of a one -family dwelling.
Section 7. DISTRICT "A" (Second Dwelling House District) USE
REGULATIONS. In District "A" no building, structure, land or pre-
mises shall be used and no building or structure shall be hereafter
erected, constructed, reconstructed or altered except for one or more
of the uses permitted in District "AA".
HEIGHT AND AREA REGULATIONS,
In District "A" the height of buildings, the minimum dimensions
of lots and yards, and the minimum lot area per family permitted on
any lot, shall be as follows; (For exceptions see Section 19)
Height; No building shall exceed thirty-five (35) feet or two
and one-half stories.
Front Yards; Any building hereafter constructed shall provide
for a front yard, the minimum depth of which shall be at least twenty-
five (25) percent of the depth of the lot, but the depth of such front
yard need not be more than twenty-five (25) feet.
Side Yards: There shall be a side yard on each side of a build-
ing of not less than seven and one-half (71) feet; provided, however,
that on a lot of record at the time of adoption of this ordinance,
having a width of less than herein required., and held in distinct
ownership from adjoining lots, the width of each side yard shall not
be less than twelve (12) percent of the width of the lot, Regulations
for corner lots adjacent to reversed frontage shall be the same as
District "AA".
Rear Yards; The depth of the rear yard shall be at least twenty-
five (25) percent of the depth of the lot, but such depth need not be
more than thirty (30) feet.
Width of Lots The minimum width of an interior lot shall be
sixty (60) feet, and a corner lot seventy (70) feet, provided that
where a lot has less width than herein required in separate ownership
at the time of the passage of this ordinance, this regulation shall
not prohibit the erection of a one -family dwelling,
Lot Area per Family; Every dwelling hereafter erected or
altered shall provide a lot area of not less than six thousand (6000}
square feet per family, provided that where a lot has less area than
herein required in separate ownerships at the time of passage of this
ordinance, this regulation shall not prohibit the erection of a one -
family dwelling.
Section S. DISTRICT "B" (Two -Family Dwelling House District)
USE REGULATIONS. In District "B" no building, structure, land or
premises shall be used, and no building or structure shall be here-
after erected, constructed, reconstructed or altered except for one
or more of the following uses;
1. Any use permitted in District "AA",
2. Two -Family dwellings,
3. Accessory uses as provided in District "AA" except that in
District "B" a private garage may provide space for not more than one
motor vehicle for each two thousand (2000) square feet oflot area.
HEIGHT AND AREA REGULATIONS.
In District "B" the height of buildings, the minimum dimensions
of lots and yards and the minimum lot area per family permitted upon
any lot shall be as follows; (For exceptions see Section 19).
Height; Same as District "A"#
Front Yards: Same as District "A".
Side Yards: There shall be a side yard on each side of a build-
ing of not less than six (6) feet; provided, however, that on a lot
of record at the time of adoption of this ordinance, having a width
of less than herein required, and held in distinct ownership from
adjoining lots, the width of each side yard shall not be less than
twelve (12) percent of the width of the lot. Regulations for corner
lots adjacent to reversed frontage shall be the ease as District "AA".
Rear Yards: Same as District "A".
Width of Lots The minimum width of a lot shall be fifty (SO)
feet, provided that where it has less width than herein required, in
separate ownership at the time of the passage of this ordinance, this
regulation shall not prohibit the erection of a one -family dwelling.
Lot Area per Family: Every dwelling hereafter erected or altered
shall provide a lot area of not lose than six thousand (6000) square
feet per family for one -family dwellings, or three thousand (3000)
square feet per family for two-family swellings, provided that where
a lot has less area than herein provided, in separate ownership at the
time of passage of this ordinance, this regulation shall not prohibit
the erection of a one -family dwelling.
Section 9. DISTRICT "C". (Apartment House District) USE REGU-
LATIONS. In District "C" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter erected,
constructed, reconstructed or altered, except for one or more of the
following uses;
1. Any use permitted in District "B",
2. Apartment houses, flats, or multiple dwellings,
3. Boarding and lodging houses,
4. Fraternity or sorority houses and dormitories,
S. Hotels or Apartment Hotels,
6. Hospitals, sanitariums or homes for convalescent or aged,
other than for the insame or feeble minded,
?. Private clubs or fraternal orders,
S. Philanthropic or elemosynary institutions, other than penal
institutions
9. Accessory uses customarily incident to any of the above uses
and located on the same lot, not involving the conduct of a
retail business;
(a) There shall be permitted such facilities as are
required for the operation of a hotal cr apartment
hotel, when conducted and entered from within the
building, provided no window orother display or
sign on the exterior of the building is used to
advertise such use.
(b) In this district a private garage accessory to a
one or two-family dwelling, may provide space for
not more than one motor vehicle for each seven
hundred and fifty (750) square feet oflot area,
and a storage garage may be permitted as an
accessory use to an apartment house, apartment
hotel, hotel or duplex. No business occupation or
service connected with motor vehicles shall be
permitted. The same provision regarding community
garages applies in this district as in District
n AA'v .
HEIGHT AND AREA REGULATIONS.
In District "C" the height of buildings, the minimum dimensions
of lots and yards and the minimum lot area per family permitted upon
any lot shall be as follows: (For exceptions see Section 19)
Height: No building shall exceed forty five (45) feet or three
(3) stories.
Front Yards: Any building hereafter constructed shall provide
for a front yard the minimum depth of which shall be at least twenty
(20) percent of the depth of the lot, but the depth of such front
yard need not be more than twenty (20) feet.
Side Yards: Same as District "B", including regulations for
corner lots adjacent to reversed frontage, provided the width shall
be increased one inch for each foot of height of building above
thirty five (35) feet; and provided further that multiple family
dwellings which are constructed with the front entrance to two or more
units facing the side of the lot shall have a minimum side yard of ten
(10) feet on the portion of the side of the building where such
entrances are located.
Rear Yards: The depth of the rear yard shall be at least twenty
five (25) percent of the depth of the lot, but such depth need not be
more than twenty five (25) feet.
Width of Lot: Same as District "B".
Lot Area per Family: Every dwelling hereafter erected or altered
shall provide a lot area of not less than six thousand (6000) square
feet per family for one -family dwellings, or three thousand (3000)
square feet per family for two-family dwellings, and one thousand five
hundred (1500) square feet per family for multiple family swellings,
provided that where a lot has less area than herein provided, in
separate ownership at the time of the passage of this ordinance, this
regulation shall not prohibit the erection of a one -family dwelling.
Section 10. DISTRICT "DD" (Office District) USE REGULATIONS,
In District "DD" no building, structure, land or premises shall be
used, and no building or structure shall be hereafter erected, con-
structed, reconstructed or altered, except for one or more of the
following uses;
1. Any use permitted in District "C",
2. Assembly Halls,
3, Clinics, Medical and Dental Offices,
4. Electric Substations,
5. Lodge Halls,
6. Mortuaries,
7. Offices,
8. Schools operated as a business,
9. Banks,
10. Signs (advertising) when the same advertise only services
which are offered within the building, to which the sign is
attached, or on the premises on which the sign is located,
11. Accessory uses customarily incident to any of the above uses.
HEIGHT AND AREA REGULATIONS.
In District "DD" the height of the buildings, the minimum
dimensions of lots and yards and the minimum lot area per family
permitted on any lot shall be as follows: provided that buildings
erected exclusively for dwelling purposes shall comply with the front,
side and rear yard requirements of District "C". (For exceptions see
Section 19)
Height; No building shall exceed thirty five (35) feet, or two
and one-half stories, except that where a District "DD" joins a
District "C" within the same block, the height may be increased to
forty five (45) feet or three stories within that block.
Front Yards: The front yard shall be at least fifteen (15) feet,
except that it need be of no greater depth than the least depth
established by existing buildings in a District "DD•' within the same
block, and except that where a portion of a District "DD" lies within
the same block and fronts upon the same street with a portion of a
District "AA", "A", "B" or "C" and no lot within said District "DD" is
occupied by a building with a front yard of less depth than that re-
quired in that portion of a District "AA", "A", "B" or "C" adjoining,
then in such case the front yard requirements of such adjoining
Districts "AA", "A", "B" or "C" shall likewise be applicable to such
portion of District "DD".
Side Yards: No side yard is required except that where a side
line of a lot in this district abuts upon a lot in a Distract "AA",
"A", "B" or "C", a side yard shall be provided as required in such
District "AA", "A", "B" or "C".
Rear Yards: The depth of the rear yard shall be at least twenty
(20) percent of the depth of the lot, but such depth need not be more
than twenty (20) feet, except that on a corner lot no rear yard is
required within fifty (50) feet of a side street, unless the rear line
adjoins a District "AA", "A", "B" or "C".
Width of Lot: The minimum width of the lot shall be fifty (50)
feet, if used exclusively for one family, two family or multiple
family dwellings, except as provided in District "B". For other uses
the width may be less.
Lot Area per Family: Every building or portion of a building
hereafter erected, altered or used for dwelling purposes shall provide
the same lot area per family as is required in District "C".
Section 11. DISTRICT "D" (Local Business District) USE REGULA-
TIONS. In District "D" no building, structure, land or premises shall
be used, and no building or structure shall be hereafter erected, con-
structed, reconstructed or altered, except for one or more of the
following uses:
1. Any use permitted District "DD",
2. Automobile parking lots,
3. Automobile or trailer sales rooms or yards, other than pre-
mises where used vehicles are dismantled or used parts sold,
4. Bakeries employing not more than five persons on 'the premises,
5. Barber and Beauty shops,
6. Battery stations,
7. Bicycle repair shops,
S. Cleaning, pressing and dyeing establishments, employing not
more than five persons on the premises, provided 'that only
nonexplosive cleaning fluids shall be used,
8. Filling stations, subject to the following provisions.
a, rill storage tanks for gasoline shall be below the
surface of the ground,
b. No major repair work shall be performed out of doors,
c. All dismantled vehicles and similar articles shall be
stored within a building,
d. The storage of fuel and oil shall be in accordance
with the current regulations of the State Fire
Marshal's Gffice and any subsequent amendments
thereto.
10. Frozen food lockers for individual or family use, not Includ-
ing any processing of food except cutting and wrapping,
11. Garages (Public) except that in public garages no repair
facilities or activities shall be maintained outside of the
building or in front portion of the first story of the build-
ing within thirty (30) feet of the front of the building and
no body or fender repairs or blacksmithing shall be conducted
on any premises adjacent at the side or rear to a District
"AA" "A" "B" or "C"
12. Garages (Storage)
13. Greenhouses (Commercial)
14. Ice delivery stations for storage and sale of ice at retail
only.
15, Laundries employing not more than eight persons on the pre-
mises, provided that no high pressure steam is utillized, and
provided that no fuel or power other than electric; or natural
gas be used,
16. Miniature golf courses,
17. Photographic printing shops,
18. Printing shops, provided the total mechanical power used in
the operation of such printing plant shall not exceed five
horse power,
19. Radio and television shops or studios,
20. Restaurants, cafes or cafeterias (excluding dancing, enter-
tainment or provision for sale or consumption of liquor)
21. Shoe repair shops,
22., Shops for custom work, or the manufacture of articles to be
sold at retail on the premises, provided that in such manu-
facture the total mechanical power shall not exceed five
horse power for the operation of any one shop, anti provided
that the space occupied by the manufacturing use permitted
herein shall not exceed fifty (50) percent of the total floor
area of the entire building or the equivalent of the ground
floor area thereof, and provided further that such manufac-
turing use is not noxious or offensive by reason of vibtation,
noise, odor, dust, smoke or gas,
23. Stores, shops and markets for retail trade,
24. Studios,
25. Theaters or picture shows (other than drive-in theaters)
26. Tire shops,
27. Accessory uses customarily incident to any of the above uses,
including ice and refrigerating plants purely incidental to a
main activity permitted on the premises, and when operated by
electricity#
28. Motels,
29. Meat processing not involving the slaughter of animals,
30, Dog and cat hospitals subject to the approval of the Zoning
Board of Appeals.
HEIGHT AND AREA REGULATIONS,
In District "D" the height of buildings, the minimum dimensions
of lots and yards and the minimum lot area per family permitted upon
any lot shall be as follows: (For exceptions see Section 19)
Height: Same as District "DD"I
Front Yards: Same as District "DD'J.
Side Yards: Same as District "DD"', including regulations for
corner lots adjacent to reversed frontage.
Rear Yards: Same as District "DD".
Width of Lot: Same as District "DD".
Lot Area per Family: Same as District "DD'",
Section 12. DISTRICT "E", (General Business District) USE
REGULATIONS. In District "E" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter erected,
constructed, reconstructed or altered, except for one or more of the
following uses:
1. Any use permitted in District "D",
2. Armories,
3. Beer Gardens, Bowling Alleys, Dance Halls, Shooting Galleries,
Skating Rinks and similar commercial recreation buildings or
activities; provided, however, that the same shall be not less
than two hundred (200) feet from any existing clinic, hospi-
tal, school or church, and shall not be less than two hundred
(200) feet from a district "AA" to "C" inclusive, unless
approved by the Board, under such restrictions as seem
appropriate after consideration of noise and other detrimental
factors incident to such use,
4, Billboards and Advertising Signs where permitted by ordinan",
5. Billiard Halls,
6. Bus Stations,
7. Dog and Cat Hospitals,
S. Gymnasiums (commercial)
9. Newspaper publishing plants,
10. Radio and television broadcasting stations,
11. Restaurants, cafes, cafeteriae, taverns and night clubs,
12. Storage in bulk of, or warehouse for such materials as:
Clothing, drugs, dry goods, food, furniture, glasai, groceries,
hardware, household goods, liquor, lubricating oil,
millinery, paints, paint materials, pipe, rubber, shop
supplies, tobacco, turpentine, varnish and wines, when
incident to sale at retail on the premises,
13. Swimming pools (commercial)
14. Wholesale sales offices and sample rooms,
15. Cleaning, pressing and dyeing business utilizing cleaning
solvents with a minimum flash point of 105 degrees
Fahrenheit,
18. Any retail business or use not included in Districts "F" and
"G'" provided that such use is not noxious or offensive by
reason of vibration, noise, odor, dust, smoke or gas,
17. Accessory uses customarily incident to any of the above uses.
HEIGHT AND AREA REGULATIONS.
In District "E" the height of buildings, the minimum dimensions
of lots and yards and the minimum lot area per family permitted upon
any lot shall be as follows; provided that buildings erected for
dwelling purposes exclusively, shall comply with the front, side and
rear yard requirements of District "C", (For exceptions see Section
19)
Height: No building shall exceed forty five (45) feet: or three
(3) stories, except that buildings may be erected to a height not to
exceed one hundred (100) feet or eight (8) stories in an area described
as follows:
Beginning at a point on the center line of the alley between
Fifth Street and Santa Fe Avenue, one hundred (100) feet north of the
north line of Ash Street; thence west on a line one hundred (100) feet
from and parallel to the north line of Ash Street to a point one
hundred twenty five (125) feet west of the west line of Ninth Street;
thence south on a line one hundred twenty five (125) feet from and
parallel to the west line of Ninth Street to a point one hundred (100)
feet south of the south line of Iron Avenue; thence east on a line one
hundred (100) feet from and parallel to the south line of Iron Avenue
to a point one hundred ten (110) feet west of the west line of Eighth
Street; thence south on a line one hundred ten (110) feet from and
parallel to the west line of Eighth Street to the center line of
Walnut Street; thence east along said center line of Walnut Street to
the center line of the alley between Seventh Street and Santa Fe
Avenue; thence south on the center line of said alley between Seventh
Street and Santa Fe Avenue; to the center line of South Street; thence
east on the center line of South Street to a point on the center line
of the alley between Santa Fe Avenue and Fifth Street; thence north on
said center line of the alley between Santa Fe Avenue and Fifth
Street to a point one hundred fifty (150) feet south of the south line
Of Iron Avenue; thence east on a line one hundred fifty (150) feet from
and parallel to the south line of Iron Avenue to the center line of the
alley between Fifth Street and Fourth Street; thence north on the
center line of said alley between Fifth Street and Fourth Street to a
point one hundred fifty (150) feet north of the line of Iron Avenue;
thence west on a line one hundred fifty (150) feet from and parallel
to the north line of Iron Avenue to the center line of the alley
between Fifth Street and Santa Fe Avenue; thence north on the center
line of said alley between Fifth Street and Santa Fe Avenue to the
point of beginning.
Front Yards: No front yard is required, except that where a
portion of a District "E"' lies within the same block and fronts upon
the same street with a portion of a District "AA", "'A"", "B", ""C"", "'DD",
or "D"", and no lot within said District "E" is occupied by a building
with a front yard of less depth than required in that portion of a
District "AA". "A'", "B", ""C'", "DD"' or "D'", adjoining then in such case
the front yard requirements of such adjoining District "AA", "A"$ "B"",
"C", "DD" or "D", shall likewise be applicable to such portion of
District "E'".
Side Yards: Same as District "D",
Rear Yards: No rear yard is required,
Width of Lot: Same as District "D",
Lot Area per Family: Same as District "D",
Section 13, DISTRICT ''F". (Light Industrial District) USE
REGULATIONS. In District "F" no building, structure, land or premises
shall be used, and no building or structure shall be hereafter erected,
constructed, reconstructed, or altered, except for one or more of the
following uses:
1, Any use permitted in District "E",
2. Bakeries,
3, Blacksmith or wagon shops,
4. Bottling Works,
5. Bus barns,
6. Canning or preserving factories,
7. Carpenter, cabinet, or pattern shops, provided that no
mechanical power in excess of ten (10) horse power, is used in
operation of any one machine,
8. Carpet cleaning establishments,
9, Chemical laboratories,
106 Cleaning, pressing and dyeing plants,
11. Cold storage plants,
12. Creameries,
13. Electroplating works,
t4. Flour mills, feed mills and grain processing,
15. Forges (hand)
16. Freight terminals (rail, truck or water)
17. Galvanizing works,
18. Garages (public)
19. Grain elevators,
20. Ice plants,
21, Laundries,
22, Lumber yards,
23. Machine shops, provided that no mechanical power in excess of
ten (10) horse power is used in the operation of any one
machine.
24. Manufacture of products such as: Artificial flowers, feathers,
plumes, awnings, bags, blacking, small boats, bone products,
brooms and brushes, buttons and novelties, candy, canvas
products, cement products, chemicals (non-offensive), cigars,
cleaning or polishing preparation, clothing, coffee,
(roasting), cosmetics, cotton seed, peanut or similar pro-
ducts, drugs or medicines, electrical signs, extracts, food
products, fruit juices, gas or electric fixtures, ice cream,
leather products, light metal products, musical instruments,
paper products, sausage, shell products, shoes and boots,
syrup, terra cotta or tile handcraft products, textiles, toys,
wooden ware,
25. Milk bottling or distribution plants,
26. Monument or marble works,
27. Moving, transfer or storage plants,
28. Photo engraving plants,
29. Planing mills, provided that no mechanical power in excess of
ten (10) horse power is used in the operation of any one
machine,
30. Poultry killing or dressing for commercial purposes,
31. Printing plants,
32. Produce markets (wholesale)
33. Railroad freight yards,
34. Sales rooms and yards for farm machinery, contractors equip-
ment and oil well supplies,
35, Sign painting plants,
36. Stables (public) or wagon sheds,
37. Stone cutting plants,
38. Storage in bulk of, or warehouse for, materials enumerated in
Item 12, Section 12, of use regulations for District "E", and
such materials as: Asphalt, brick, building material, cement,
coal, contractor's equipment, cotton, feed, fertilizer,
grain, gravel, grease, hay, ice, lead, lime, machinery,
metals, oil, plaster, poultry, roofing, rope, sand, stone,
tar, tarred or creosoted products, terra cotta, timbers wood,
wool,
39. Tracks (team, loading or storage)
40. Manufacture of any similar character to that herein listed,
other than specified 1n District "G", or any building or use
not included within District "G", provided such use is not
noxious or offensive by reason of vibration, noise, odor,
dust, smoke or gas,
42. Accessory uses customarily incident to any of the above uses,
HEIGHT AND AREA REGULATIONS. In District "F" the height of
buildings, minimum dimensions of lots and yards and the minimum lot
area per family permitted upon any lot, shall be as follows, provided
that buildings erected for dwelling purposes exclusively shall comply
with the front, side and rear yard requirements of District: "C". (For
exceptions see Section 19)
Height: No building shall exceed fifty five (55) feet: or four
(4) stories.
Front Yards: No front yard is required, except that where a
portion of District 'IF" lies within the same block and fronts upon
the same street with a portion of a District "AA", "A", "B", "C", "DD"
or "D", and no lot within said District "F" is occupied by a building
with a front yard of less depth than required in that portilon of a
District "AA", "A", "B", "C'I, "DD" or "D" adjoining, then In such case
the front yard requirements of such adjoining District "AA", "A", "B",
"C", "DD'I or "D" shall likewise be applicable to such portion of
District "F",
Side Yards: The depth of a rear yard shall be at least ten (10)
feet, except that in a corner lot no rear yard is required within
fifty (50) feet of a side street, unless the rear line adjoins a
District "AA", "AIS, 'IBIS or "C",
Width of Lot: Same as District "D".
Lot Area per Family: Same as District "D",
Section 14. DISTRICT "G". (Heavy Industrial District) USE
REGULATIONS. In District "G" no building, structure, land or
premises shall be used, and no building or structure shall be hereafter
erected, constructed, reconstructed or altered except for one or more
of the following uses:
1, Any use permitted in District 'IF",
2. Ammonia, bleaching powder, chemical plants,
3. Assaying works (other than gold or silver)
4. Auto wrecking yards,
5, Blooming or rolling mills,
6, Breweries or distilleries,
7, Cider mills,
8. Coal car dumps,
9. Coal distillation and bi-producte plants,
10, Coal hoists, pockets or trestles,
11, Coke ovens,
12. Concrete or asphalt mixing plants,
13. Cooperage works,
14, Cotton ginning or baling works,
15. Dog pounds,
16, Enameling works,
17, Electric power plants,
16. Forges (power)
19. Foundries (iron, brass, bronze, aluminum)
20. Hides and skins (storage, curing or tanning)
21, Japanning works,
22, Junk yards, including storage, sorting, baling or prooessing
of rags, paper or metal,
23. Lumber mills,
24, Machine shops,
25, Manufacturing of such products as s Adding machines, cash
registers, typewriters, alcohol, asphalt, basket material,
boilers, boxes, bronze, cans, carbon batteries, carbon or
lamp black, carriage or wagon parts, celluloid or' similar
materials, clay, shale, and glass products, creosote,,
cutlery, or tools, disinfectant, insecticides, dyes,
electric lamps, electrical machinery, furniture, gas (from
coal or petroleum), glass, iron and steel, locoma,tives,
motor cars, bicycles, airplanes, nuts, bolts, screws, etc•,
oil cloth, linoleum, paint, Japan, lacquer, oil, turpentine,
varnish, enamel, etc•, railway cars, rubber, synthetic
rubber, rubber products, shoddy, soap, starch, glucose,
dextrin, tar products, tobacco (chewing), tools, vinegar,
wine,
26, Meat or fish packing or storage plants,
27. Metal stamping# shearing or storage plants,
28. Cil compounding and barreling plants,
29. Planing mills,
30. Railroad round houses or shops,
31. Salt works,
32. Steel furnaces,
33, Structural iron or pipe works,
34. Sugar refineries,
35. Tar distillation or manufacture,
36, Wire or rod mills,
37, Wood distillation plants (charcoal, tar, turpentine, etc,),
38. Wool scouring works,
39. Any other uses not now or hereafter prohibited by ordinance
of the City of Salina, Kansas, regulating nuisances, except
that the following uses will be permitted only by approval
of the Board of Commissioners after report from Fire Depart-
ment, Health Department and City Planning Commissions Acid
manufacture, cement, lime, gypsum or plaster of paris manu-
facture, distillation of bones, explosive manufacture or
storage, fertilizer manufacture, gas manufacture, garbage,
offal or dead animal reduction or dumping, paper or pulp
manufacture, petroleum or its products, (refining of),
smelting of tin, copper, zinc or iron ores, wholesale storage
of gasoline,
40, Accessory uses customarily incident to any of the above uses.
HEIGHT AND AREA REGULATIONS.
In District "G" the height of buildings, the minimum dimensions
of lots and yards and the minimum lot area per family permitted upon
any lot shall be as follows; provided, however, that buildings
erected for dwelling purposes exclusively, shall comply with the front,
side and rear yard requirements of District "C". (For exceptions see
Section 19)
Height: No building shall exceed seventy five (75) feet or six
(6) stories,
Front Yards. No front yard is required, except that where a
portion of District "G" lies within the same block and front upon the
same street with a portion of a District "AA", "A", "B", "C:", "DD" or
"D", and no lot within said District "G" is occupied by a building
with a front yard of less depth than required in that portion of a
District "AA", "A", "B", "C", "DD" or "D" adjoining, then In such
case the front yard requirements of such adjoining District, "AA", "A",
''B", ''C", "DD" or "D" shall likewise be applicable to such portion of
District "G".
Side Yards; Same as District "D",
Rear Yards; Name as District "F".
Width of Lot; Same as District "D".
Lot Area per Family: Same as District "D".
Section 15. SPECIAL CLASSES, Any of the following uses may be
located in any district by special permission of the Board, under such
condition as the Board may impose, and after public hearing, provided
that in their judgment such use will not seriously injure the
appropriate use of the neighboring property, and will conform to the
general intent and purpose of this ordinance, and shall comply with
the height and area regulations of the district in which they may be
located:
1. Amusement parks, commercial baseball or athletic fields, race
tracksg circuses, carnivals or fairgrounds,
2, Aviation fields or airports,
3. Cemeteries, mausoleums, or crematories for the disposal of
the human dead,
4. Golf driving ranges, commercial or illuminated,
5. Gun clubs, skeet shoots or target ranges,
6. Hospitals for the insane or feeble minded, or penal or
correctional institutionso
7. Quarries, mines, sand or gravel pits or excavations for the
purpose of removing, screening, crushing, washing or storage of ore,
clay, stone, gravel or similar materials; provided, however, that no
permit shall be issued until and unless the site location and plan of
operation, including necessary structures, have been submitted to and
approved in writing by the Board, which permit shall be for a limited
period of time not to exceed five (5) years,
s, Radio and television towers under such safeguard as the
Board may require,
9. Refuse dumps,
10. Reservoirs, wells, towers, filter beds or water supply plants,
11. Riding stables and tracks,
12. Sewage, refuse or garbage disposal plants,
13. Private stables provided that not more than one horse or
mule shall be permitted for each five thousand (5000) square feet of
lot area and further provided that such stable shall be located not
less than sixty (60) feet from the front lot line, nor less than ten
(10) feet from any side lot line, and in the case of corner lots not
less than the distance required for residences from side streets,
14. Servants quarters provided that the servants quarters shall
be located not less than sixty (60) feet from any side lot line, and
further provided that such servants quarters shall be occupied only
by servants employed on the premises,
15. Trailer camps,
16. Buildings or the use of premises for public utility purposes
or public service corporations, which buildings or uses the Board
deems reasonably necessary for public convenience or welfeLre.
Section 16, ACCESSGRY USES. A driveway or walk to provide access
to premises in a District "DD", "D"l ""E"", "F" or "G" shall. not be
permitted in a District "AA", "A", ""B"" or ""C"".
Buildings or structures or uses which are accessory to the use
permitted in one district shall not be permitted in a district of a
higher classification.
Section 17. NON -CONFORMING USES. A non -conforming ties existing
lawfully at the time of the passage of this ordinance may be continued
except as hereinafter provided. No non -conforming use of land shall
be continued beyond the term ending one year from the time: of the
adoption of this ordinance unless such land be wholly or partially
occupied by a permanent enclosed building designed and constructed
for a non -conforming use. In a District "AA"t a District "A" or a
District "B" no non -conforming use of a building, designed and con-
structed for a conforming use, shall be continued beyond a term ending
one year from the time of the adoption of this ordinances except by
authorization of the Board.
The lawful use of a building existing at the time of the passage
of this ordinance may be continued, although such use does not conform
with the provisions hereof, and such use may be extended throughout
such portions of the building as are arranged or designed for such
use, provided no structural alterations, except those required by
law or ordinance, are made therein. If no structural alterations are
made, a nonconforming use of a building may be changed to another
non -conforming use of the same or more restricted classification. If
such nonconforming building is removed, the future use of such
premises shall be in conformity with the provisions of this ordinance.
In the event a non -conforming use of any building is discontinued for
a period of two (2) years, the use of the same shall thereafter con-
form to the provisions of the district in which it is located.
A non -conforming use if changed to a conforming use or more
restricted non -conforming use, may not thereafter be changed back to
a less restricted use than that to which it was changed. If by
amendment to the ordinance any property is hereafter transferred to a
more restricted district by a change in the district boundaries, or
the regulations and restrictions in any district are made more
restrictive or of a higher classifications the provisions of this
ordinance relating to the non -conforming use of buildings or premises
existing at the time of the passage of this ordinance, shall apply to
buildings or premises occupied or used at the time of the passage of
such amendment.
Repairs and alterations may be made to a nonconforming building,
provided that no structural alterations or extensions shall be made
except those required by law or ordinance; unless the building is
changed to a conforming use.
All signs and billboards not conforming with this ordinance may
remain during their normal life, but main supporting or structural
members may not be replaced, and such signs or billboards may not be
extended. However$ nonconforming signs specifically describing the
business or nature of a nonconforming building, structure or use on
the same premises may be maintained during the lawful liffitime of
such building, structure or use.
Section 18, COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building for which a building
permit has been heretofore issued$ and plans for which are on file with
the Building Inspector at the time of the passage of this ordinance
and the construction of which in either case shall have been
diligently prosecuted within one year of the date of such permit, and
the ground story framework of which, including the second tier of
beams, shall have been completed within such year and which entire
building shall be completed, according to such plans as filed within
two years from the date of the passage of this ordinance.
Nothing in this ordinance shall be taken to prevent the
restoration of a non -conforming building destroyed to the extent of
not more than seventy five (75) percent of its reasonable value (to
be determined by the Board) by fire, explosion or other casualty, or
act of God$ or the public enemy$ nor the continued occupancy or use
of such building or part thereof which existed at the time of such
partial destruction, but any building so damaged more than seventy
five (75) percent of its value may not be rebuilt, repaired or used
unless it is made to conform to all regulations for buildings in the
district in which it is located.
The provisions of this ordinance shall not apply to prevent the
extension of any building, existing in any district at the time of
the adoption of this ordinance$ to the height to which the walls,
foundation and framework of such existing building originally were
intended$ designed and constructed to carry; provided$ however$ that
the actual construction of the extensions in height permitted by this
paragraph shall have been duly commenced ten (10) years from the date
of the adoption of this ordinance.
Section 19. HEIGHT AREA EXCEPTIONS, The regulations and
requirements as to height of buildings and area of lot which may be
occupied by buildings, front yards, side yards$ rear yards, and other
regulations and requirements as established in the foregoing section#
of this ordinance shall be subject to the following exceptions and
additional regulations.
I . Height. In District "AA", "A", "B", "C", "DD", "D" and "F",
public or semi-public buildings, such as hospitals, hotels,ehurches,
sanitariums or schools, either public or private, where permuted, may
be erected to a height not exceeding seventy five (75) fees, provided
that such buildings shall be set back one additional foot on all sides
for each additional foot that such buildings exceed the specified
height limit as established by the regulations of the district in
which such buildings are situated,
2. Dwellings in District "AA", "A", "B", "DD" and "D", may be
increased in height not exceeding ten (10) feet in addition to the
limitations of two and one-half stories, or thirty five (125) feet,
as prescribed in such districts, provided that two side yards of not
less than fifteen (15) feet in width, each, are provided. In no case
shall such dwellings, however, exceed three stories in height.
3. Parapet walls and false mansards, except on dwellings in
District "AA", "A" and "B" may extend not more than six (6) feet above
the height limit, Flagpoles, chimneys, cooling towers, electric
display signs, elevator bulkheads, pent houses, finials, gas tanks,
grain elevators, stacks, silo, storage towers, radio or television
towers, ornamental towers, monuments, cupolas, domes, spires, stand-
pipes, and necessary mechanical appurtenances, where permitted, may
be erected as to height in accordance with existing or hereafter
adopted ordinances of the City of Salina, Kansas, except that in
Districts "AA", "A" and "B", no radio or television aerial support
shall be erected more than fifteen (15) feet above the height limita-
tions of such districts and in no event shall extend more than fifteen
(15) feet above the ridge of a roof.
4, Gn through lots one hundred twenty five (125) feet or less in
depth, the height of a building may be measured from the curb level
of either street, On through lots of more than one hundred twenty
five (125) feet in depth, the height regulations for the street
permitting the greater height, shall apply to a depth of not more
than one hundred twenty five (125) feet from that street.
5. No building or structure shall be erected in the vicinity of
an airport in any area included in any approach or turning zone, as
defined by the federal agency delegated with the powers or authority
to control or regulate aviation the height of which exceeds the limits
permitted or recommended by such federal agency, provided that this
shall not prohibit the erection of buildings or incidental structures
to a height of thirty five (35) feet or two and one-half stories.
6. Area per Family. For any building used jointly for business
and dwelling purposes or industry and dwelling purposes, the number of
families permitted by the lot area requirements per family shall be
reduced in the same proportion as the floor area devoted to business
or industry bears to the entire floor area of the building, provided
that floor area below the first floor of such building shall not be
included in any calculation under this provision.
7. For any building providing jointly for hotel and ,apartment
house uses, the number of families permitted in apartments by the lot
area requirements per family shall be reduced in the same proportion
as the total floor area devoted to hotel or non -housekeeping rooms
bears to the total floor area devoted to both uses.
8. Yard Exceptions. In District "AA", "B", "C", "DD" or "D",
where lots comprising forty (40) percent or more of the frontage, on
the same side of a street between two streets that intersect such
street (excluding reverse corner lots) are developed with buildings
having front yards with a variation of not more than ten (10) feet in
depth, the average of such front yards shall establish the minimum
front yard depth for the entire frontage, except that where a recorded
plat has been filed showing a setback line which complies with the
requirements of this ordinance, yet is less than the established set-
back for the clock as provided above, such setback line shall apply,
provided that the Board may permit variations in case of h�Lrdship,
or where the configuration of the ground is such as to make conformity
with the front yard requirements impractical.
8. Where an official line has been established for future
widening or opening of a street upon which a lot abuts, then the
width of a yard shall be measured from such official line to the
nearest line of the building.
10. Dwellings or apartments may be built in groups about a place
or court with their rears adjacent to a side lot line, provided that:
(a) The side yard shall be increased by one (1) foot for
each dwelling abutting thereon or one (1) foot for each
apartment entrance or exit abutting thereon.
(b) The width of the place or court shall not be less than
three (3) times the width of the side yard as required
above, and where a roadway is provided in such place or
court, the width of such roadway shall be in addition
to that allowed above.
(c) A minimum of ten (10) feet shall be allowed between
buildings in the group.
11. Every part of a required yard or court shall be open from its
lowest point to the sky unobstructed, except for the ordinary pro-
jection of sills, belt courses$ cornices, chimneys, buttresses,
ornamental features and eaves; provided, however, that none of the
above projections shall extend into a court more than six (6) inches
nor into a minimum yard more than twenty-four (24) inches, and pro-
vided further that canopies or open porches having a roof area not
exceeding sixty (60) square feet may project a maximum of six (6) feet
into the required front or rear yard; open paved terraces may project
not more than ten (10) feet into a front or rear yard, and existing
open porches extending into the required yard shall not be enclosed.
12. An open fire escape may project into a required side yard
not more than half the width of such yard. Fire escapes, solid
_ floored balconies and enclosed outside stairways may project not more
than four (4) feet into a rear yard.
13. In any district, an accessory building, not exceeding fifteen
(15) feet or one and one-half stories in height, or in any case not
higher than the main building, may occupy not more than thirty (30)
percent of a rear yard, or in any case may occupy not more area than
the main building, except that in Districts "C" to ""G" inclusive, if
such building is not more than one (1) story or sixteen (16) feet
high, it may occupy forty (40) percent of a required rear yard,
14. Buildings in District "E"" to '"G" inclusive, used wholly or
partially for business or industrial purposes, need not provide a side
yard, provided that portions of such buildings, which are designed or
used for dwelling purposes shall provide on any floor, in addition to
the front and rear yard requirements, open space equivalent to the
area of side yards for buildings used exclusively for swelling
purposes in the district in which such building is situated. Such
open space may be in the form of additional front or rear yards or
one or more courts opening to the street or rear yard, provided that;
(a) No court shall have a width of less than ten (10) feet
nor less than one-fourth of its length, nor a width of
less than two and one-half inches for each foot of
height of the court.
(b) That the width of any portion of a required side yard as
provided in this ordinance may be considered a part of
such court.
15. No rear yard shall be required in District "E'° to "G"
Inclusive of any lot used for business or industrial purposes, the rear
line of which adjoins a railway right of way or which has a rear rail-
way track connection.
16. In Districts ""DD'" to "G" inclusive, in computing the depth of
a rear yard for any building where such yard abuts an alley, one-half
of such alley may be assumed to be a portion of the rear yard.
17. In any district where buildings on adjoining lots, used
exclusively for dwelling purposes, do not conform to the side yard
requirements of this ordinance, the Hoard may vary the side yard
requirements, provided that no building may be built nearer than three
(3) feet to the side lot line and provided that the width of the
building allowable under the regulations of this ordinance may not be
increased.
Section 20. COMMUNITY UNIT PLAN. The owner or owners of any
tract of land comprising an area of not less than five (5) acres may
submit to the Board of City Commissioners of the City of Salina,
Kansas, a plan for the use and development of all of the tract of
land for dwelling purposes, The development plan shall be referred
to the City Planning Commission for study and report and for public
hearing. If the Commission approves the development plan, the plan,
together with the recommendation of the Commission, shall then be
submitted to the Board of City Commissioners for consideration and
approval. The recommendation of the Commission shall be accompanied
by a report stating the reasons for approval of the application and
specific evidence and facts showing that the proposed community unit
plan meets the following conditions.
1. That property adjacent to the area included in the plan will
not be adversely affected.
2. That the plan is consistent with the intent and purposes of
this ordinance to promote public health, safety, morals or general
welfare.
3. That the buildings shall be used only for single-family
dwellings, two-family dwellings or multiple dwellings and the usual
accessory uses such as garages, storage space and community
activities, including churches.
4. That the average lot area per family contained in the site,
exclusive of the area occupied by streets,vill not be less than the
lot area per family required in the district in which the develop-
ment is located.
If the Board of City Commissioners approves the plan, building
permits and certificates of occupancy may be issued even though the
use of land and the location of the buildings to be erected in the
area and the yards and open spaces contemplated by the plan do not
conform in all respects to the district regulations of the district
in which it is located.
Section 21. OFF STREET PARKING AND LOADING REGULATIONS.
Parking for wellings. For all one and two-family dwellings, or
any tourist courts hereaftererected, converted, or structurally
altered, provision shall be made for parking of motor passenger
vehicles for the use of occupants, either on the premises or in the
community garage in the same block. Such parking shall provide space
for one vehicle for each family unit.
Parking for Apartments and Multiple Dwellings. For all apart-
ments or multiple dwellings hereafter erected, converted or
structurally altered, provision shall be made for the storage or
parking of motor passenger vehicles for the use of occupants either on
the premises or within one thousand (1000) feet on land zoned for
business or industry, or on a site approved by the Board after public
hearing. Gne parking space shall be provided for each dwelling unit.
Parking for Hotels, Apartment Hotels and Clubs. For all hotels,
apartment hotels and clubs hereafter erected, converted or
structurally altered, except in District "E",provisions shall be made
for the parking of motor passenger vehicles for the use of occupants.
tine (1) parking space shall be provided for each of the first twenty
(20) individual guest rooms or suites, one (1) additional parking
space for every four (4) guest rooms or suites in excess of twenty.
Parking for Hospitals and Institutions. For all hospitals and
philanthropic or eleemosynary institutions hereafter erected, con-
verted or structurally altered, except in District "E", provisions
shall be made for the parking of motor passenger vehicles. One (1)
parking space shall be provided for each one thousand (1000) square
feet of floor space in said buildings.
Parking for Places of Assembly, For every structure or part
thereof hereafter erected* converted or structurally altered, to be
used as a theater, auditorium or other place of public assembly,
except in District "E", there shall be provided and maintained
accessible off-street parking space for the storage of motor vehicles
on the basis of one vehicle for each five seats of the total audience
seating capacity of the building, structure or part thereof. Such
parking shall be located on the same lot with such building, structure
or part thereof, or within five hundred (500) feet thereof. Churches
shall be exempted from this provision.
Parking for Business or Industrial Buildings. Any business
building hereafter erected, converted or structurally altered in
District "DD" or "D" shall provide accessible off-street parking at
the rate of one parking space for each two hundred (200) square feet
of floor area in the building, For all business or industrial
buildings hereafter erected, converted or structurally altered in
Districts "F" and "G", provisions shall be made for off-street parking.
One (1) parking space shall be provided for each four hundred
(400) square feet of floor area in the building. Such parking space
shall be on the same lot with the main building, or within one
thousand (1000) feet therefrom.
Loading Space for Business and Industry. Any business or
industrial building, hospital, institution, hotel hereafter erected,
converted or structurally altered, in any district, shall provide
adequate off-street facilities for the loading and unloading of
merchandise and goods within or adjacent to the building in such a
manner as not to obstruct freedom of traffic movement on the public
streets or alleys.
Section 22. INTERPREZATION AND PURPGSE. In interpreting and
applying the provisions of this ordinance, they shall be held to be
the minimum requirements for the promotion of the health, safety,
morals or general welfare. It is not intended by this ordinance to
repeal, abrogate, annul or in any way to impair or interfere with any
existing provisions of law or ordinance or any rules or regulations
previously adopted pursuant to law relating to the use of buildings
or premises, nor is it intended by this ordinance to interfere with
or abrogate or annul any easements or covenants between parties;
provided, however, that where this ordinance imposes a greater
restriction upon the use of buildings or premises than are imposed
by such existing provisions of law or ordinance or by such rules or
regulations or by such easements, covenants, or agreements, the
provisions of this ordinance shall control.
Section 23, AMENDMENTS. The Board of City Commissioners may,
from time to time, on its own motion or on petition, after public
notice and hearings thereon as provided herein, amend, supplement,
change, modify or repeal the regulations and restrictions as establish-
ed herein and may change, restrict or extend the boundaries of the
various districts established herein, Before taking any action upon
any proposed amendment, modification, change, restriction or exten-
sion, the same shall be referred by the Board of City Commissioners
to the City Planning Commission for report and recommendation.
Any person, firm, association or corporation submitting a
petition to the City Planning and Zoning Commission for its consider-
ation to amend, supplement, change, modify or repeal the Zoning
District Maps of the City of Salina, Kansas, shall at the time of
filing said petition pay to the City Clerk a fee of Twenty five
Dollars ($25).
No final action on an amendment, change, modifi-cation or repeal
shall be taken until after a public hearing in relation thereto, at
which parties in interest and citizens shall have an opportunity to
be heard. At least thirty (30) days notice of the time and place of
such hearing shall be published in the official newspaper of the City
of Salina, Kansas. If, however, a protest against such am9ndment,
st.pplement or change be filed in the office of the City Clerk within
fourteen (14) days after the date of actual hearing pursuant to said
publication notice, duly signed and acknowledged by the owners of
twenty (20) percent or more of any land located within two hundred
(200) feet of the area proposed to be altered, such amendment shall
not be passed except by at least four-fifths vote of the council or
Board of Commissioners.
Section 24, ENFGRCEMENT. It shall be the duty of the Building
Inspector, or any deputy or inspector working under his direction, to
enforce the provisions of this ordinance and to refuse to Issue any
permit for any building or structure or for the use of any premises
which would violate any of the provisions hereof, and to cause any
building, structure, place or premises to be inspected and examined,
and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provisions of this ordinance.
In case any building or structure is, or is proposed to be erected,
constructed, reconstructed, altered, repaired, converted or maintain-
ed, or any building, structure, or land is, or is proposed to be used
in violation of this ordinance, the Building Inspector or city Attor-
ney is hereby authorized and directed, in addition to other remedies,
to institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use, to restrain, correct or abate such
violation and to prevent the occupancy of said building, structure or
land, or to prevent any illegal act, conduct or use in or about such
premises.
Section 25. PGWLR5 AND DUTIES OF THE BOARD OF ZONING APPEALS.
The Board shall adopt rules in accordance with the provisions of this
ordinance, Meetings of the Board shall be held at the call of the
chairman and at such other times as the Board may determine. Such
chairman or in his absence the acting chairman, may administer oaths
and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The board shall keep minutes of its
proceedings, showing the vote of each member upon each question or if
absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, al"l of which
shall be immediately filed in the office of the City Clerk and be a
public record.
The Board shall act in strict accordance with the procedure
specified by law and this ordinance. All appeals and applications
made to the Board shall be in writing. Every appeal or application
shall refer to the specific provision of the ordinance involved, and
shall exactly set forth the interpretation that is claimed;, the use
for which the special permit is sought, or the details of lthe
variance that is applied for and the grounds on which it is claimed
that the variance should be granted, as the case may be.
Appeals to the Board may be taken by any person aggrieved or by
any officer, department, board, or bureau of the municipality
affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time, as provided by the rules of
the Board, by filing with the officer from whom the appeal is taken
and with the Board a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
Any person, firm, association or corporation submitting an appeal
or application to the Zoning Board of Appeals for its consideration
shall at that time pay to the City Clerk a fee of Fifteen Dollars
($15).
An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the Board after the notice of appeal shall have been
filed with him that by reason of facts stated in the certificate a
stay would in his opinion cause imminent peril to life or property.
In such cases proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board or by a court of
record on application or notice to the officer from whom the appeal is
taken and on due cause shown,
The Board shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the
parties in interest, and decide the same within a reasonable time.
Upon the hearing, any party may appear in person or by agent or by
attorney,
The Board shall have the following powers:
1. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made lay an
administrative official in the enforcement of this ordinance.
2. To hear and decide special exceptions to the terms of this
ordinance upon which such Board is required to pass under 'this
ordinance.
3. To authorize on appeal in specific cases such variance from
the terms of this ordinance:
(a) Where by reason of unusual terrain or exceptional
narrowness of lot or other extraordinary or exceptional
situations that the strict application of the terms of
this ordinance actually prohibit the use of ;property in
the manner similar to that of other property in the
districts and where the Board is satisfied the granting
of such variation will alleviate a clearly demonstrable
hardship as distinguished from a special privilege or
convenience sought by the owner.
(b) That the granting of the variance is necessary for the
reasonable use of the land or building and ghat the
variance as granted by the Board is the minimum variance
that will accomplish this purpose.
(c) That the granting of the variance will be in harmony
with the general purpose and intent of this ordinance,
and will not be injurious to the neighborhood or other-
wise detrimental to the public welfare.
4. To grant a permit for a temporary building for commerce or
industry in a dwelling district, which is incidental to the dwelling
_ development, said permit to be issued for a period of not more than
one year, such building to be removed on expiration of the permit.
5. To permit a transitional use between a business and dwelling
district where the side of a lot in District "AA", "A" or "B" abuts
upon a lot zoned for business or industrial purposes as follows;
(a) On a lot in District "AA" or District "A" which sides
upon a lot zoned for business or industrial ;purposes,
the Board may permit a two-family dwelling.
(b) On a lot in District "B" which sides upon a lot zoned
for business or industrial purposes, the Board may
permit a four -family dwelling.
(c) Provided, however, that in no case shall any transition-
al use have a width of more than one hundred (100) feet.
6. To grant a permit for the extension of use, height or area
regulation into an adjoining district, where the boundary line of the
district divides a lot in a single ownership at the time of the
adoption of this ordinance.
7. Permit as an auxiliary use, a parking area for passenger
automobiles only, on a lot or lots in District "AA", "A", "B" or "C"
which adjoin a lot in a District "DD" to "G" inclusive or use by
customers of neighboring business establishments, providing such
parking is developed as follows:
Such area shall have a permanent paving and shall be ,properly
enclosed with a fence, wall or other suitable enclosure, to be
approved by the Board, having a height of not less than three (3)
feet, Such fence, wall or enclosure shall be maintained in good
condition and observe the required front yard regulations of the
district in which it is located. No parking shall be permitted within
six (6) feet of an adjoining lot in a District "AA", "A", "'B" or "C".
Any lights used to illuminate said parking area shall be so arranged
as to direct the light away from any adjoining premises in a District
„AA" 1 "A"t "B" or '*C#1,,
S. To determine in cases of uncertainty, the classification of
any use not specifically enumerated in this ordinance.
In exercising the above mentioned powers, such Board may reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and may make such order,
requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to ''be made, and
to that end shall have all powers of the officer from whom the appeal
is taken.
The concurring vote of four members of the Board shall be
necessary to reverse any order, requirement, decision or determination
of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass tinder this
ordinance, or to effect any variation in this ordinance.
Any person or persons, jointly or severally aggrieved by any
decision of the Board, or any taxpayer, or any officer, department,
board or bureau of the municipality, may appeal such decision to the
Board of City Commissioners of the City of Salina, Kansas, or may
present to a court of record a petition, duly verified, setting forth
that such decision is illegal in whole or in part, specifying the
grounds of the illegality. Such petition shall be presented to the
court within ten (10) days after the filing of the decision in the
office of the Board.
Section 26. PERMITS. No permits for the erection, alteration,
removal, construction, reconstruction, conversion, use or maintenance
of any building, or the use of any premises shall be issued by the
Building Inspector unless there shall first be filed in his office by
the applicant therefor, a plan in duplicate, drawn to scale, correctly
showing the location and actual dimensions of the lot to be occupied,
the dimensions and location on the lot of the building to be erected,
altered, moved, constructed, reconstructed, converted, used or
maintained, with measurements in feet and inches from all lot lines
to all foundation lines of the building, together with a true state-
ment in writing, signed by the applicant, showing the use for such
building or premises, is arranged, intended or designed, and the
location and dimensions of all accessory buildings or structures, and
no permit shall be issued by said Building Inspector unless such plan
show in all details that such building or structure is to be erected,
altered, moved, constructed, reconstructed, converted, used or
maintained, and such premises are to be used in conformity with all
the provisions of this ordinance. A record of such applications and
plans shall be kept in the office of the Building Inspector. Failure
of any applicant or of his agents, servants or employees to erect,
alter, move, construct, reconstruct, convert, use or maintain any
buildings, structures or premises in conformance with such plans on
which such permit is issued, when such failure constitutes a violation
of any provisions of this ordinance, shall render such permit void,
and the Building Inspector is hereby authorized and directed to revoke
any such permit by giving written notice to the applicant, or his
agents, servants or employees and all work upon such buildings,
structures or premises shall be immediately discontinued on the
serving of such notice until such buildings, structures or premises
shall be changed so as to comply with such plans and permitt.
Section 27, CERTIFICATE OF OCCUPANCY. No vacant land shall be
occupied or used, except for agricultural uses, and no building
hereafter erected or structurally altered shall be occupied or used
until a certificate of occupancy shall have been issued by the
Building Inspector.
Certificate of Occupancy shall state that the building or
proposed use of a building or land complies with all the building and
health laws and ordinances, and with the provisions of these regula-
tions. A record of all certificates shall be kept on file in the
office of the Building Inspector, and copies shall be furnished on
request to any person having a proprietary or tenancy interest in the
building affected.
No permit for excavation for any building shall be issued before
application has been made for certificate of occupancy.
Certificate of Occupancy for a Building. Certificate of
Occupancy for a new building or the alteration of an existing building
shall be applied for in writing coincident with the application for
a building permit, and shall be issued within ten (10) days after the
erection or alteration of such building or part thereof shall have
been completed in conformity with the provisions of these regulations.
Pending the issuance of a regular certificate, a temporary certificate
of occupancy may be issued by the Building Inspector for a period not
exceeding six (6) months, during the completion of alterations or
during partial occupancy of a building pending its completion, Such
temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or of the
City relating to the use or occupancy of the premises, or any other
matter covered by this ordinance, and such temporary certificate shall
not be issued except under such restrictions and provisions as will
adequately insure the safety of the occupants,
Certificate of Occupancy for Land. Certificate of Occupancy for
the use of vacant land or the change in the character of the use of
land as herein provided, shall be applied for before any such land
shall be occupied or used and a certificate of occupancy shall be
issued within ten (10) days after the application has been made,
provided such use is in conformity with the provisions of these
regulations.
Certificates of Occupancy for a Non -Conforming Use. A Certificate
of Occupancy shall be required for all non -conforming uses.
Application for certificate of occupancy for non-conrorming uses shall
be filed within twelve (12) months from the effective date! of this
ordinance, accompanied by affidavits of proof that such non -conforming
use was not established in violation of this ordinance.
Section 28. SAVING CLAUSE. That all rights or remedies of the
City of Salina, Kansas, are expressly saved as to any and all
violations of ordinances Number 3188, 4984, 5186, 3632, 3576, 3829,
38630 4102, 4357, 4606, 4671, 4750, 4763, 4771, 3834 and 5549, or of
any prior zoning ordinances, or amendments thereto, of said City of
Salina, Kansas, that have accrued at the time of the effective date
of this ordinance, and as to such accrued violation, the court shall
have all the powers that existed prior to the effective datte of this
ordinance, and that all existing violations of previous zoning
ordinance shall not become non -conforming uses under this ordinance,
but shall be considered as violations of this ordinance in the same
manner that they were violations of prior zoning ordinances of said
City,
Section 29. PENALTIES. Any person, firm or corporation who
violates, disobeys, omits, neglects or refuses to comply with or who
resists the enforcement of any of the provisions of this ordinance,
shall be guilty of a misdemeanor, and upon conviction be fined not
less than ten dollars ($10) or more than five hundred dollars ($500)
for each offense, Each day that a violation is permitted to exist
shall constitute a separate offense,
Section 30. INVALIDITY OF A PART. In case any section, clause,
sentence or paragraph or part of this ordinance shall for any reason
be adjudged by any court of competent jurisdiction to be invalid, such
invalidity shall not affect, impair or invalidate the remainder of
this ordinance,
Section 31. REPEAL. That Ordinance No. 3188, and all amendments,
supplements and additions thereto, subject however, to the provisions
of Section 28 of this ordinance, be and they are hereby repealed.
Section 32, EFFECTIVE DATE,
force and effect from and after its
the official City paper.
That this ordinance shall be in full
adoption and publication once in
Passed by the Commission the day
ATTEST:
City Clerk
of � , 1962,
Mayor