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15-10782 Amend Permitted Uses(summary published in The Salina Journal on Julyij 2015.) (Published on the City of Salina's website for a minimum of one week from July j± to �$, 2015.) ORDINANCE NUMBER 15-10782 AN ORDINANCE AMENDING SALINA CODE SECTIONS 42-252, 42-267, 42-282, 42-302, 42-317, 42-332 AND 42-338 PERTAINING TO THE LIST OF PERMITTED USES AND REPEALING THE EXISTING SECTIONS. BE ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Salina Code Section 42-252 is amended to provide as follows: "Sec. 42-252. Permitted uses. Permitted uses in the C-1 district are as follows: (1) Business and professional offices, provided that any warehouse or storage space associated with such offices shall not exceed fifty (50) percent of the gross floor area of the principal structure; (2) Churches, chapels, temples, synagogues, cathedrals and shrines; (3) Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code. (4) Medical and dental clinics, and guidance centers; (5) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (6) Office building or clinic: The following uses would be permitted when located in an office building, or medical or dental clinic, provided such uses could be entered only from an interior lobby or hallway and there is no advertising or display visible from the exterior of the structure: a. Barbershops; b. Beauty shops; C. Gift shops; d. Newsstands; e. Package liquor stores; f. Pharmacies; g. Restaurants. (7) Office facilities for salesmen, sales representatives, or manufacturer's representative, when no retail, wholesale, or exchange of goods is made or transacted on the premises; (8) Offices for ministers, rabbis, priests, etc.; (9) Public utility uses, including substations and ambulance services; (10) Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses; (11) YMCA, YWCA and other similar organizations; (12) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (13) Signs, as permitted by article X of this chapter; (14) Accessory and temporary uses, as permitted by article IV of this chapter; z a W 0 U Ld (15) Off-street parking and loading as required by Article XI of this chapter. Section 2. Salina Code Section 42-267 of the Salina Code is amended to provide as follows: "Sec. 42-267. Permitted uses. Permitted uses in the C-2 district are as follows: (1) Antique shops; (2) Apparel stores; (3) Art galleries; (4) Banks and financial institutions; (5) Barbershops; (6) Beauty shops; (7) Bicycle shops; (8) Bookstores; (9) Business and professional offices; (10) Camera and photographic supply stores; (11) Churches, chapels, temples, synagogues, cathedrals and shrines; (12) Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises; (13) Florist shops; (14) Food stores, including grocery stores, meat markets, bakeries and delicatessens; (15) Gift shops and variety stores; (16) Group day care centers, provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code; (17) Medical and dental clinics, and guidance centers; (18) Mortuaries and funeral homes, including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (19) Optical shops; (20) Pharmacies; (21) Public utility uses, including substations and ambulance services; (22) Self-service laundry and dry cleaning establishments; (23) Shoe repair shops; (24) Studios or offices for artists, sculptors, authors, composers, photographers and other similar uses; (25) Tailor shops; (26) YMCA, YWCA and other similar organizations; (27) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; 2 (28) Accessory and temporary uses, as permitted by article IV of this chapter; (29) Signs, as permitted by article X of this chapter; (30) Off-street parking and loading, as required by article XI of this chapter. Section 3. Salina Code Section 42-282 of the Salina Code is amended to provide as follows: "Sec. 42-282. Permitted uses. Permitted uses in the C-3 district are as follows: (1) Antique shops; (2) Apparel stores; (3) Appliance stores; (4) Auditoriums and community theatres; (5) Automobile sales and rental, within a completely enclosed building, except that the outdoor display and sale of automobiles may be approved as a temporary use provided that sales events shall be limited to a maximum of four (4) consecutive days in any six-month period. (6) Automobile service and accessory stores, provided that all service shall be conducted within a completely enclosed building; (7) Banks and financial institutions; (8) Barbershops; (9) Beauty shops; (10) Bicycle shops; (11) Blueprinting and photostating establishments; (12) Bookstores; (13) Business and professional offices; (14) Camera and photographic supply stores; (15) Carpet and rug stores; (16) China and glassware stores; (17) Churches, chapels, temples, synagogues, cathedrals and shrines; (18) Department stores; (19) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (20) Dry cleaning establishments; (2 1) Drygoods stores; (22) Florist shops; (23) Food stores, including grocery stores, meat markets, bakeries, and delicatessens; (24) Furniture stores; (25) Furrier shops, including the incidental storage and conditioning of furs; (26) Gasoline service stations; (27) Gift shops; 3 (28) Governmental buildings; (29) Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code; (30) Hardware stores; (3 1) Hobby shops; (32) Hotels and motels; (33) Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, or secondary to, a retail operation; (34) Jewelry stores; (35) Leather goods and luggage stores; (36) Mail-order houses; (37) Medical and dental clinics, and guidance centers; (38) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (39) Music stores and musical instrument sales and repair; (40) Newsstands; (41) Optical sales; (42) Package liquor stores; (43) Paint and wallpaper stores; (44) Pet grooming shops; (45) Pet stores; (46) Pharmacies; (47) Physical and health services such as private gymnasiums and reducing salons; (48) Private clubs (clubs and organizations, and fraternal and service clubs as defined only); (49) Printing plants; (50) Public utility uses, including substations and ambulance services; (51) Radio and television broadcasting stations; (52) Recording studios; (53) Research laboratories; (54) Restaurants, including establishments with drive up window service and drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles; (55) Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities; (56) Schools: music, dance or business; (57) Self-service laundry and dry cleaning establishments; 11 u (58) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (59) Sporting goods stores; (60) Tailors; (61) Telephone exchanges and telephone transmission equipment structures; (62) Theatres, indoor only; (63) Travel bureaus and transportation ticket offices; (64) Variety stores; (65) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (66) Accessory and temporary uses, as permitted by article IV of this chapter; (67) Signs, as permitted by article X of this chapter; (68) Off-street parking and loading, as required by article XI of this chapter. Section 4. Salina Code Section 42-302 of the Salina Code is amended to provide as follows: Sec. 42-302. Permitted uses. Permitted uses in the C-4 district are as follows: (1) Antique shops; (2) Apparel stores; (3) Appliance stores, sales and.service; (4) Art galleries, libraries and museums; (5) Auditoriums and community theaters; (6) Automobile sales, rental and service, provided all displays of vehicles are within a completely enclosed building; provided however, that any such use with an outdoor display area in existence on January 8, 2000 shall be deemed to be a lawful nonconforming use; (7) Auto parts stores; (8) Banks and financial institutions; (9) Barbershops; (10) Beauty shops; (11) Bicycle shops; (12) Blueprinting and photostating establishments; (13) Bookstores; (14) Bus stations; (15) Business and professional offices; (16) Camera and photographic supply stores; (17) Carpet and rug stores; (18) China and glassware stores; 5 (19) Contractor's offices; (20) Department stores; (21) Dry cleaning establishments; (22) Drygoods stores; (23) Electrical contractors; (24) Electronic parts and supplies; (25) Florist shops; (26) Food stores, including grocery stores, meat markets, bakeries, and delicatessens; (27) Fraternal and service clubs; (28) Furniture repair and restoration shop; (29) Furniture stores; (30) Furrier shops, including the incidental storage and conditioning of furs; (3 1) Gasoline service stations; (32) Gift shops; (33) Glass and mirror sales and service; (34) Government buildings; (35) Handcrafts, ceramics, pottery and art materials and supplies shops; (36) Hardware stores; (37) Hobby shops; (38) Hospitals, sanitariums, rest homes, and nursing homes, provided that parking is provided in accordance with Section 42-553; (39) Hotels and motels, providing that parking is provided in accordance with Section 42-553; (40) Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, and secondary to, a retail operation; (41) Jewelry stores; (42) Leather goods and luggage stores; (43) Mail-order houses; (44) Massage therapy; (45) Mechanical contractors; (46) Medical and dental clinics, and guidance centers; (47) Mortuaries and funeral homes; including crematories, provided that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (48) Music stores and musical instrument sales; (49) Newspaper offices and printing; (50) Newsstands; (5 1) Office equipment and supply; (52) Optical sales; R LJ (53) Package liquor stores; (54) Paint and wallpaper stores; (55) Pest control and exterminators; (56) Pet grooming shops; (57) Pet stores; (58) Pharmacies; (59) Physical and health services such as private gymnasiums and reducing salons; (60) Printing plant; (61) Private parking garages and lots; (62) Public parking garages and lots; (63) Public utility uses including substations and ambulance services; (64) Radio and television broadcasting stations; (65) Radio and television repair shops; (66) Recording studios; (67) Residential dwellings, accessory to and located above or below the ground floor of another principal use. (68) Restaurants with or without the sale of alcoholic beverages, but no drive-in establishments; (69) Restricted production and repair limited to the following: alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities; (70) Schools: music, dance or business; (71) Self-service laundry and dry cleaning establishments; (72) Shoe repair shops; (73) Sporting goods stores; (74) Tailor shops; (75) Telephone exchanges and telephone transmission equipment structures; (76) Theaters, indoor only; (77) Travel bureaus and transportation ticket offices; (78) Variety stores; (79) YMCA, YWCA, and other similar organizations; (80) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (8 1) Accessory and temporary uses, as permitted by Article VI of this chapter, (82) Accessory off-street parking and loading, as required by Article XI of this chapter; (83) Signs, as permitted by Article X of this Chapter. 7 Section 5. Salina Code Section 42-317 of the Salina Code is amended to provide as follows: Sec. 42-317. Permitted uses. Permitted uses in the C-5 district are as follows: (1) Ambulance services; (2) Antique shops; (3) Apparel. stores; (4) Appliance stores, sales and service; (5) Auditoriums and community theatres; (6) Automobile sales and rental and service; (7) Automotive parts, wholesale; (8) Automotive sales, service and parts; (9) Bakeries; (10) Banks and financial institutions; (11) Barbershops; (12) Beauty shops; (13) Bicycle shops; (14) Boat sales, rental and service; (15) Bonding agencies; (16) Bookstores; (17) Bowling alleys; (18) Business and professional offices; (19) Camera and photographic supply stores; (20) Car washes; (21) Carpet and rug stores; (22) China and glassware stores; (23) Churches, chapels, temples, synagogues, cathedrals and shrines; (24) Commercial off-street parking as a principal use; (25) Contractor's office; (26) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (27) Equipment sales and rental, not including heavy equipment type such as bulldozers 8 and cranes; (28) Florist shops; (29) Food stores and delicatessens; (3) 0) Fraternal and service clubs; (31) Furniture stores;* (32) Furrier shops; (33) Garden stores; greenhouses and nurseries; (34) Gasoline service stations; (35) Gift and souvenir shops; (36) Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city's adopted building code. (37) Governmental buildings; (38) Hardware stores; (39) Hobby shops; (40) Hotels and motels; (41) Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as part of, or secondary to, a retail operation; (42) Jewelry stores; (43) Leather and luggage stores; (44) Mail order houses; (45) Medical and dental clinics; (46) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (47) Music stores and musical instrument sales and repair; (48) Newsstands; (49) Office equipment and supply; (50) Optical sales; (51) Package liquor stores; (52) Paint and wallpaper stores; (53) Parking garages and lots; 6 N (54) Pawnshops; (55) Pest control and exterminators; (56) Pet stores and pet grooming shops; (57) Pharmacies; (58) Physical and health services such as private gymnasiums and reducing salons; (59) Pitch and putt, and miniature golf courses; (60) Printing plants; (61) Private clubs; (62) Public utility uses, including substations; (63) Radio and television broadcasting stations; (64) Radio and television sales and service; (65) Recording studios; (66) Recreational vehicle rental, sales and service; (67) Research laboratories; (68) Restaurants, including drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles; (69) Schools; music, dance or business; (70) Self-service laundry and dry-cleaning establishments; (71) Service and fraternal clubs and lodges; (72) Small animal hospitals, providing that .such facility is completely enclosed and that no odor or noise is discernible outside the structure; (73) Sporting goods stores; (74) Travel bureaus and transportation ticket offices; (75) Truck sales and service; (76) Variety stores; (77) YMCA, YWCA, and other similar organizations; (78) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (79) Accessory and temporary uses, as permitted by article IV of this chapter; (80) Signs as permitted by article X of this chapter; (8 1) Off-street parking and loading, as required by article XI of this chapter. 10 Section 6. Salina Code Section 42-332 of the Salina Code is amended to provide as follows: Sec. 42-332. Permitted uses. Permitted uses in the C-6 district are as follows: (1) Agricultural implement sales and service; (2) Ambulance services; (3) Amusement parks and skating rinks; (4) Animal hospitals, provided that all pens shall be in an enclosed structure; (5) Antique shops; (6) Apparel stores; (7) Appliance stores; (8) Armories; (9) Auditoriums and community theatres; (10) Automobile and truck sales and rental, including accessory repair and painting operations and facilities, provided that such operations or facilities shall comply with all the use limitations in section 42-336; (11) Automotive repair; (12) Automotive parts, wholesale; (13) Automotive sales, service and parts; (14) Banks and financial institutions; (15) Barbershops; ' (16) Beauty shops; (17) Bicycle shops; (18) Blueprinting and photostating establishments; (19) Boat sales rental and service; (20) Bonding agencies; (21) Bookstores; (22) Bowling alleys; (23) Business and professional offices; (24) Camera and photographic supply stores; (25) Car washes; (26) Carpet and rug stores; (27) China and glassware stores; 11 (28) Commercial off-street parking as a principal use; (29) Contractor's offices; (30) Department stores; (31) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (32) Dry cleaning establishments; (33) Dry goods stores; (34) Electrical contractors; (35) Electronic parts and supplies; (33 6) Equipment sales and rental; (37) Florist shops; (38) Food stores and delicatessens; (39) Fraternal and service clubs; (40) Furniture stores; (41) Furrier shops; (42) Garden stores, greenhouses and nurseries; (43) Gasoline service stations; (44) Gift and souvenir shops; (45) Governmental buildings; (46) Group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance; with the requirements of the city's adopted building code. (47) Hardware stores; (48) Hobby shops; (49) Hospitals, sanitariums, rest homes and nursing homes; (50) Hotels and motels; (5 1) Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles; (52) Jewelry stores; (53) Leather and luggage stores; (54) Lumber yards; (55) Mail-order houses; 12 N Z W 0 0 U (56) Mechanical contractors; (57) Medical and dental clinics, and guidance centers; (58) Mini -warehouses; (59) Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence; (60) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (61) Music stores and musical instrument sales; (62) Newspaper offices and printing; (63) Newsstands; (64) Office equipment and supply; (65) Optical sales; (66) Package liquor stores; (67) Paint and wallpaper stores; (68) Parking garages and lots; (69) Pawnshops; (70) Pest control and exterminators; (71) Pet grooming shops; (72) Pet stores; (73) Pharmacies; (74) Physical and health services; (75) Printing plants; (76) Private clubs; (77) Public utility uses, including substations; (78) Radio and television broadcasting stations; (79) Radio and television repair shops; (80) Recording studios; (81) Recreational vehicle rental, sales and service; (82) Restaurants, including drive-in establishments; (83) Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metals; watches; dentures; optical lenses; and other similar activities; 13 (84) Schools: music, dance or business; (85) Self-service laundry and dry cleaning establishments; (86) Shoe repair shops; (87) Sporting goods stores; (88) Tailor shops; (89) Taverns; (90) Telephone exchanges and telephone transmission equipment structures; (91) Theatres, indoor only; (92) Variety stores.- (93) tores;(93) YMCA, YWCA, and other similar organizations; (94) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (95) Accessory and temporary uses, as permitted by article IV of this chapter; (96) Signs as permitted by article X of this chapter; (97) Off-street parking and loading, as required by article XI of this chapter. Section 7. Salina Code Section 42-338 of the Salina Code is amended to provide as follows: Sec. 42-338. Permitted uses. Permitted uses in the C-7 district are as follows: (1) Bus stations; (2) Car washes; (3) Commercial off-street parking as a principal use; (4) Gasoline service stations and accessory convenience stores; (5) Gift and souvenir shops; (6) Hotels, motels and convention facilities; (7) Package liquor stores, provided that such must be located inside a building used for convenience store, hotel, motel or restaurant purposes; (8) Restaurants, including drive -up and drive-in establishments; (9) Truck stops and accessory service; (10) Any use not specifically listed as a permitted use, if the zoning administrator determines under Section 42-596(a) that the characteristics or specific attributes of the use are sufficiently in common with a permitted use; (11) Accessory and temporary uses, as permitted by article IV of this chapter; (12) Signs as permitted by article X of this chapter; 14 (13) Off-street parking and loading, as required by article XI of this chapter. Section 8. The existing Sections 42-252, 42-267, 42-282, 42-302, 42-317, 42-332 and 42- 338 of the Salina Code are hereby repealed. Section 9. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper. Ordinance No. 15-10782 Summary On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10782. The ordinance amends the listed of permitted uses in Section 42-252 of the C-1 (Restricted Business) district regulations, Section 42-267 of the C-2 (Neighborhood Shopping) district regulations, Section 42- 282 of the C-3 (Shopping Center) district regulations, Section 42-302 of the C-4 (Central Business) district regulations, Section 42-317 of the C-5 (Service Commercial) district regulations, Section 42-332 of the C-6 (Heavy Commercial) district regulations and Section 42-338 of the C-7 (Highway Commercial) district regulations in Article VI, Division 14 of the Zoning Ordinance to add any similar us as a catch provision at the end of the permitted use section of each commercial zoning district. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash, free of charge. This summary is certified by the city attorney. [SEAL] ATTEST: a oa�' Shandi Wicks, CMC, City Clerk Certifc o of Publication Summary: Gr . B son, City Attorney 15 Introduced: July 6, 2015 Passed: July 13, 2015 4