89-9331 Temporary UsesnnLox Pint ng — Sauna, K-11
(Published in The Salina Journal August /e , 1989)
ORDINANCE NUMBER 89-9331
AN ORDINANCE AMENDING SECTION 42-59 OF THE SALINA CODE
PERTAINING TO THE TEMPORARY OR SEASONAL USES OF PROPERTY IN THE
CITY OF SALINA, AND REPEALING THE EXISTING SECTION.
IBE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 42-59 of the Salina Code is hereby amended to
read as follows:
"Section 42-59. Temporary uses.
(a) Intent. It is the intent of the following regulations to
provide for and govern the operation of certain
temporary or seasonal uses.
(b) Permits for Temporary Uses. Applications for a
temporary use permit shall be made to the Zoning
Administrator at least three (3) days before the
starting date of the temporary use and shall contain the
following:
(1) The commonly known address of the property to be
used, rented or leased for the temporary use,
including all information necessary to accurately
described the subject property;
(2) A complete description of the proposed use
including dates and time schedules for operation of
the use;
(3) The name, address, and phone number of the
applicant, the property owner and the person(s)
responsible for the use if different than the
applicant or property owner;
(4) A statement describing provisions which will be
made for sanitation facilities, utility services,
parking, traffic control, security, fire safety,
medical emergency and first aid, noise control and
clean up and restoration.
(c) General requirement. Temporary use permits shall be
issued by the Zoning Administrator, unless otherwise
specified by these regulations. Said permit shall be
issued only if all the following criteria are met in the
opinion of the Zoning Administrator:
(1) Adequate off-street parking with an approved
surface shall be provided for customer vehicles
outside the roadway improvement area.
(2) Signs may not be larger than ten (10) square feet
and must comply with the sign regulation
provisions of these regulations.
(3) Structures or product displays shall not be placed
inside the visual sight triangle at intersections.
(4) Adequate sight distances shall be available for
vehicles entering and leaving the temporary use
site.
(5) Noise, odor or light emissions from the site shall
not present an interference with the enjoyment or
use of the property or a hazard to adjoining
properties or public ways. Artificial lighting shall
not illuminate any nearby dwellings and sound from
public address systems shall not exceed 60dBA at
the property line of residences.
(6) Adequate provision for sanitary waste and trash
disposal shall be provided by the applicant.
Trash, rubbish and waste products shall be
removed from the premises daily.
(7) Utility services provided shall comply
with
applicable building electrical, plumbing,
fire,
safety, sanitation, public health and other codes,
laws or regulations applicable to the use and
shall
be installed only under permits obtained
as
required by such codes.
(8) The site shall be cleaned up and restored
to its
previous condition upon expiration of
the
temporary use permit.
(d) Specific uses and regulations. The following are
considered temporary uses and are subject to the
following specific regulations and time limits, in addition
to the regulations of any zone in which they are
located.
(1) Christmas tree sales: A temporary use permit may
be issued for the display and open -lot sale of
Christmas trees in the C-3 thru C-6 districts or in
any industrial district for a period not to exceed
forty-five (45) days. Display of Christmas trees
need not comply with the yard and setback
requirements of these regulations, provided that
no structures or trees shall be placed within the
sight triangle. The site shall be cleaned and
returned to its previous condition within two (2)
weeks after Christmas.
(2) Contractor's office: A temporary use permit may
be issued for a contractor's temporary office and
equipment sheds incidental to a construction
project. The office or shed shall not contain
sleeping or cooking accommodations. The permit
shall be valid for no more than one (1) year, but
may be renewed while construction work is in
progress. The office or shed shall be removed
upon completion of the construction project.
(3) Real estate project sales office: A temporary use
permit may be issued for a temporary real estate
sales office in any new subdivision which has been
approved by the Planning Commission. The permit
shall be valid for no more than one (1) year, but
is renewable. The office shall be closed upon sale
or lease of all dwelling units in the development.
The office shall contain no sleeping or cooking
accommodations unless located in a model home.
(4) Festivals: A temporary use permit may be issued
for tents or other temporary structures and
related facilities to house and serve public
celebrations, special observances, religious
meetings, cultural events or entertainment
programs sponsored by a local civic, religious,
governmental or recognized duly chartered
fraternal organization for a period of no more than
fourteen (14) days, unless otherwise approved by
the zoning administrator.
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(5) Carnivals, circuses and tent shows: A temporary
use permit may be issued for a carnival, circus or
tent show, as defined in Section 6-16 of the Salina
Code, for a period that does not exceed fourteen
(14) days. However, the permit may be renewed
or extended upon application to the zoning
administrator.
(6) Open air markets: A temporary use permit may be
issued for the operation of open air markets
including outdoor flea markets, farmer's markets or
roadside produce stands subject to the following
provisions:
a. An outdoor flea market may operate in a C-3
or higher district and is defined as any place
where the owner or operator thereof allows
more than one person to sell merchandise from
outdoor stalls, booths, stands, etc., which
are not open for business on a daily basis.
The permit shall be valid for any continuous
six (6) month period in a calendar year with
actual operations limited to a maximum of
seventy-five (75) days within the period.
b. A farmer's market may operate in a C-3 or
higher district and is defined as any place,
with or without permanent buildings or
structures, where fruit, vegetables, produce,
handmade crafts, etc. are sold from more
than one produce stand operated by different
persons. The permit shall be valid for any
continuous six (6) month period in a calendar
year with actual operations limited to a
maximum of seventy-five (75) days within the
period.
C. A roadside stand may
be located in an A-1 or
C-3 or higher district
and is defined as a
temporary structure used by one operator for
the sale of farm produce. The permit shall
be valid for no more
than six (6) continuous
months in a calendar
year. No produce sales
shall be made within
thirty (30) feet of the
roadway improvement
area. For a roadside
stand operating more
than one (1) month per
year, an off-street
parking area shall be
provided.
(7) Moveable structures: A temporary use permit may
be issued for the sale of merchandise or services
from a motor vehicle, recreational vehicle, trailer,
mobile home or tent on a lot or portions thereof
that are vacant or used for parking, provided the
following conditions are met.
a. Such sales are conducted by the owner or
lessee of the property on which it is
conducted.
b. Such sales are temporary and limited to one
event comprising a maximum of two (2)
consecutive weeks in any six (6) month
period.
C. Applicants for sales from moveable structures
shall submit a site plan, including without
limitation, the location, setback from property
line, screening, sign and fence locations, if
applicable, and electric meter locations or
power source;
n -Co. Vriniing —Sabina. Kansas
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d. Applicants for sales shall obtain the
appropriate sales tax license and, if
applicable, temporary fence permits;
e. Such sales may not be located within any area
utilized as the required parking or loading
area for another use or on public
right-of-way;
f. Upon termination of the sale, the lot or parcel
shall be returned substantially to its original
condition. All litter, fences, borders,
tie -down materials, and other items associated
with the temporary sale shall be removed
within five (5) days. Provided however, a
permit shall not be required for mobile food
vendors accessory to permitted uses which
operate for four (4) hours or less at a given
location.
(8) No permit is required for promotional activities of
retail merchants involving the display only of
goods and merchandise that are for sale within the
principal structure, conducted outside of such
structure for a period of no more than two (2)
consecutive weeks in any three (3) month period
provided that:
a. No portion of the display shall be on publicly
owned property unless the applicant shall
first have obtained approval for such use
from the City;
b. No required off-street parking or loading area
will be utilized for such display, storage or
dispensing;
C. No food or drink shall be displayed outside
the building except in accordance with
standards and prior written approval of the
health department; and
d. These provisions shall in no way be deemed
to authorize the outdoor display of
automobiles, trailers and equipment rental or
the sale of used furniture, appliances,
plumbing, housewares, building materials or
similar display or sale in any business district
except as otherwise permitted by this
chapter.
(9) No permit is required for a garage sale, as
defined, in any residential district which is limited
to one event comprising a maximum of three (3)
consecutive days in any six (6) month period.
Where such sale is conducted on premises exterior
to any structure, all sale items shall be removed
from such exterior premises within one (1) day
following the day the sale is concluded.
(e) Appeals. Any applicant who is denied a temporary use
permit may appeal the zoning administrator's decision to
the Board of Zoning Appeals in accordance with Section
42-597 of these regulations."
Kinn -G- P-,nt,ng — Salina. Kansas
Section 2. That the existing Section 42-59 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: August 7, 1989
Passed: August 14, 1989
osep A. Warner, Mayor
[SEAL]
ATTEST:
Jacque ine Shiever, City Clerk
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