85-9116 Zoning Regulations1
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(Published in The Salina Journal Ji.c_►ne—(P 1980
ORDINANCE NUMBER 85-9116
AN ORDINANCE REDUCING THE AREA REQUIRED FOR GROUP DAY
CARE CENTERS AND/OR NURSERY SCHOOLS IN RESIDENTIAL DISTRICTS;
AMENDING SECTIONS 42-130, 42-144, 42-145, 42-159, 42-160, 42-174, 42-175,
42-189, 42-190, 42-204, 42-205, 42-220, 42-221 OF THE SAL -INA CODE AND
REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 42-130 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-130. Bulk regulations.
Bulk regulations in the RS district are as follows:
(1) Maximum structure height: thirty-five (35) feet.
(2) Yard requirements:
a. Minimum front yard:
1. Eighty (80) feet, measured from the center line of the
street or fifty (50) feet, measured from the front lot
line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
b. Minimum side yard on each side of a zoning lot:
1. Single-family dwellings: ten (10) feet.
2. Group day care centers located in an existing structure
resided in by one or more members of the family
operating such a facility: ten (10) feet.
3. All other permitted and conditional uses: twenty-five
(25) feet.
C. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent."
Section 2. That Section 42-144 of the Salina Code is hereby amended
to read as follows:
"Section 42-144. Lot size requirements
Lot size requirements in the R district are as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: eight thousand five
hundred (8,500) square feet.
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b. Group day care centers located in an existing structure
resided in by one or more members of the family operating
such a facility: eight thousand five hundred (8,500) square
feet.
C. All other permitted and conditional uses: fifteen thousand
(15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings: seventy (70) feet.
b. Group day care centers located in an existing structure
resided in by one or more members of the family operating
such a facility: seventy (70) feet.
C. All other permitted and conditional uses: one hundred (100)
feet."
(3) Minimum lot depth: one hundred (100) feet."
Section 3. That Section 42-145 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-145. Bulk regulations.
Bulk regulations for the R district are as follows:
(1 ) Maximum structure height: thirty-five (35) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the following various types
of streets shall maintain the following yard requirements
regardless of whether it is a front, side, or rear yard,
or any combination thereof:
i. Residential street: twenty-five (25) feet from the
property line or fifty-five (55) feet from the
center line, whichever is greater.
ii. Collector street: twenty-five (25) feet from the
property line or sixty-five (65) feet from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25) feet from the
property line or seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
3. Where not less than seventy (70) percent of the zoning
lots between two (2) intersecting public street
rights-of-way have developed, any newly constructed
single-family dwelling may maintain the same front yard
setback of either adjacent existing dwelling, provided
that all of the following conditions exist:
i. The adjacent property to be matched has not been
granted a variance for front yard setback.
ii. Neither adjacent land use is used for
nonresidential purposes.
iii. The proposed dwelling is not to be placed on a
corner lot.
iv. The structure is proposed to be placed no closer
than fifteen (15) feet from the front property line.
b. Minimum side yards:
1. Residential buildings: seven and five tenths (7.5) feet
on each side of the zoning lot.
2. Group day care centers located in an existing structure
resided in by one or more members of the family
operating such facility: Seven and five -tenths (7.5)
feet on each side of the zoning lot.
3. All other permitted and conditional uses: fifteen (15)
feet on each side of the zoning lot, except accessory
uses which shall be permitted and governed by Article
IV of the chapter.
C. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent."
Section 4. That Section 42-159 of the Salina Code is hereby amended
j to read as follows:
"Section 42-159. Lot size requirements
Lot size requirements in an R-1 district are as follows:
i! (1) Minimum lot area:
a. Single-family detached dwellings: six thousand (6,000)
square feet.
b. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility: six thousand (6,000) square
feet.
C. All other permitted and conditional uses: fifteen thousand
(15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings: sixty (60) feet.
b. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility: sixty (60) feet.
C. All other permitted and conditional uses: one hundred (100)
feet.
(3) Minimum lot depth: one hundred (100) feet."
Section 5. That Section 42-160 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-160. Bulk regulations.
Bulk regulations for the R-1 district are as follows:
(1) Maximum structure height: thirty-five (35) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the following various types
of streets shall maintain the following yard requirements
regardless of whether it is a front, side, or rear yard,
or any combination thereof:
i. Residential street: twenty-five (25) feet from the
property line or fifty-five (55) feet from the
center line, whichever is greater.
ii. Collector street: twenty-five (25) feet from the
property line or sixty-five (65) feet from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25) feet from the
property line or seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
3. Where not less than seventy (70) percent of the zoning
lots between two (2) intersecting public street
rights-of-way have developed, any newly constructed
single-family dwelling may maintain the same front yard
setback of either adjacent existing dwelling, provided
that all of the following conditions exist:
i. The adjacent property to be matched has not been
granted a variance for front yard setback.
ii. Neither adjacent land use is used for
nonresidential purposes.
iii. The proposed dwelling is not to be placed on a
corner lot.
iv. The structure is proposed to be placed no closer
than fifteen (15) feet from the front property line.
b. Minimum side yard:
1. Residential buildings: seven and five tenths (7.5) feet
on each side of the zoning lot.
2. Group day care centers and nursery schools located in
an existing structure resided in by one or more
members of the family operating such a facility: seven
and five -tenths (7.5) feet on each side of the zoning
lot.
3. All other permitted and conditional uses: twenty-five
(25) feet on each side of the zoning lot, except
accessory uses which shall be permitted and governed
by Article IV of the chapter.
C. Minimum rear yard: twenty-five (25) percent of the depth of
the lot, but need not exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent."
Section 6. That Section 42-174 of the Salina Code is hereby amended
to read as follows:
"Section 42-174. Lot size requirements
Lot size requirements in an R-2 district are as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thousand (6,000)
square feet.
b. Single-family attached or two-family dwellings: not less than
three thousand (3,000) square feet per family.
C. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a:
i. Single-family detached dwelling: six thousand (6,000)
square feet; and
ii. Single-family attached or two-family dwelling: three
thousand (3,000) square feet per family.
d. Multifamily: three thousand (3,000) square feet per family
but not less than six thousand (6,000) square feet.
e. Other permitted and conditional uses: fifteen thousand
(15,000) square feet.
(2) Minimum lot width:
a. Single-family dwellings: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
C. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a single-family or
two-family dwelling: fifty (50) feet.
d. Multiple -family dwellings and other permitted and conditional
uses: sixty (60) feet.
(3) Minimum lot depth: one hundred (100) feet."
Section 7. That Section 42-175 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-175. Bulk regulations.
Bulk regulations for the R-2 district are as follows:
(1) Maximum structure height: fifty (50) feet except as provided in
subsection (2)b.3.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the following various types
of streets shall maintain the following yard requirements
regardless of whether it is a front, side, or rear yard,
or any combination thereof:
i. Residential street: twenty-five (25) feet from the
property line or fifty-five (55) feet from the
center line, whichever is greater.
ii. Collector street: twenty-five (25) feet from the
property line or sixty-five (65) feet from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25) feet from the
property line or seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and five tenths (7.5) feet
on each side of the zoning lot, except that residential
buildings which have the entrances to two (2) or more
units facing the side yard shall have a minimum side
yard of ten (10) feet on the side of the building on
which such entrances are located.
2. Group day care centers and nursery schools located in
an existing structure resided in by one or more
members of the family operating such a facility: seven
and five -tenths (7.5) feet on each side of the zoning
lot, except that residential buildings which have the
entrances to two (2) or more units facing the side yard
shall have the minimum side yard of ten (10) feet on
the side of the building on which such entrances are
located.
3. All other permitted and conditional uses shall have a
side yard on each side of twenty (20) feet, except
accessory uses which shall be permitted and governed
by Article IV of the chapter.
4. There shall be an additional side yard setback of one
foot for each two (2) feet of height over forty (40)
feet.
C. Minimum rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40) percent."
Section 8. That Section 42-189 of the Salina Code is hereby amended
to read as follows:
"Section 42-189. Lot size requirements
Lot size requirements in an R-2.5 district are as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thousand (6,000)
square feet.
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b. Single-family attached or two-family dwellings: not less than
three thousand seven hundred fifty (3,750) square feet per
family.
C. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a:
i. Single-family detached dwelling: six thousand (6,000)
square feet; and
ii. these facilities operating in a single-family attached or
two-family dwelling: three thousand seven hundred fifty
(3,750) square feet per family.
d. Multifamily: two thousand (2,000) square feet per family but
not less than six thousand (6,000) square feet.
e. Other permitted and conditional uses: fifteen thousand
(15,000) square feet.
(2) Minimum lot width:
a. Single-family dwellings: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
C. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a single family or two
family dwelling: fifty (50) feet.
d. Multiple -family dwellings and other permitted and conditional
uses: sixty (60) feet.
(3) Minimum lot depth: one hundred (100) feet."
Section 9. That Section 42-190 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-190. Bulk regulations.
Bulk regulations for the R-2.5 district are as follows:
(1) Maximum structure height:
provided in subsection (2)b.3.
(2) Yard requirements:
a. Front yard:
seventy-five (75) feet except as
1. Property located adjacent to the following various types
of streets shall maintain the following yard requirements
regardless of whether it is a front, side, or rear yard,
or any combination thereof:
i. Residential street: twenty-five (25) feet from the
property line or fifty-five (55) feet from the
center line, whichever is greater.
ii. Collector street: twenty-five (25) feet from the
property line or sixty-five (65) feet from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25) feet from the
property line or seventy-five (75) feet from the
center line, whichever is greater.
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2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and five tenths (7.5) feet
on each side of the zoning lot, except that residential
buildings which have the entrances to two (2) or more
units facing the side yard shall have a minimum side
yard of ten (10) feet on the side of the building on
which such entrances are located.
2. Group day care centers and nursery schools located in
an existing structure resided in by one or more
members of the family operating such a facility: seven
and five -tenths (7.5) feet on each side of the zoning
lot, except that residential buildings which have the
entrances to two (2) or more units facing the side yard
shall have a minimum side yard of ten (10) feet on the
side of the building on which such entrances are
located.
3. All other permitted and conditional uses shall have a
side yard on each side of twenty (20) feet, except
accessory uses which shall be permitted and governed
by Article IV of the chapter.
4. There shall be an additional side yard setback of one',
foot for each two (2) feet of height over forty (40)
feet.
C. Minimum rear yard: twenty-five (25) feet.
(3) Maximum lot coverage: forty (40) percent."
Section 10_
to read as follows:
That Section 42-204 of the Salina Code is hereby amended I
"Section 42-204. Lot size requirements
Lot size requirements in an R-3 district are as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six thousand (6,000)
square feet.
b. Single-family attached or two-family dwellings: not less than
three thousand seven hundred fifty (3,750) square feet per!
family.
C. Multiple -family: one thousand (1,000) square feet per family
but not less than six thousand (6,000) square feet.
d. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a:
I. single-family detached dwelling: six thousand (6,000)
square feet; and
ii. Single-family attached or two-family dwelling: three
thousand seven hundred fifty (3,750) square feet per
family.
e. Other permitted and conditional uses: fifteen thousand
(15,000) square feet.
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(2) Minimum lot width:
a. Single-family dwellings: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
C. Group day care centers and nursery schools located in an
existing structure resided in by one or more members of the
family operating such a facility in a single-family or two
family dwelling: fifty (50) feet.
d. Multiple -family dwellings and other permitted and conditional
uses: sixty (60) feet.
(3) Minimum lot depth: one hundred (100) feet."
Section 11. That Section 42-205 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-205. Bulk regulations.
Bulk regulations for the R-3 district are as follows:
(1) Maximum structure height:
provided in subsection (2)b.3.
(2) Yard requirements:
a. Front yard:
seventy-five (75) feet except as
1. Property located adjacent to the following various types
of streets shall maintain the following yard requirements
regardless of whether it is a front, side, or rear yard,
or any combination thereof:
i. Residential street: twenty-five (25) feet from the
property line or fifty-five (55) feet from the
center line, whichever is greater.
ii. Collector street: twenty-five (25) feet from the
property line or sixty-five (65) feet from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25) feet from the
property line or seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and five tenths (7.5) feet
on each side of the zoning lot, except that residential
buildings which have the entrances to two (2) or more
units facing the side yard shall have a minimum side
yard of ten (10) feet on the side of the building on
which such entrances are located.
2. Group day care centers and nursery schools located in
an existing structure resided in by one or more
members of the family operating such a facility: seven
and five -tenths (7.5) feet on each side of the zoning
lot, except that residential buildings which have the
entrances to two (2) or more units facing the side yard
shall have a minimum side yard of ten (10) feet on the
side of the building on which such entrances are
located.
3. All other permitted and conditional uses shall have a
side yard on each side of twenty (20) feet, except
accessory uses which shall be permitted and governed
by Article IV of the chapter.
4. There shall be an additional side yard setback of one
foot for each two (2) feet of height over forty (40)
feet.
C. Minimum rear yard: twenty-five (25) feet.
(3) Maximum lot coverage: forty (40) percent."
Section 12. That Section 42-220 of the Salina Code is hereby amended
to read as follows:
"Section 42-220. Lot size requirements
Lot size requirements in the MH -S district are as follows:
(1) Minimum lot area:
a. Single-family detached dwellings and mobile homes: six
thousand (6,000) square feet.
b. Group day care centers located in an existing structure
resided in by one or more members of the family operating
such a facility: six thousand (6,000) square feet.
C. Other permitted and conditional uses: fifteen thousand
(15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings and mobile homes: sixty
(60) feet.
b. Group day care centers located in an existing structure
resided in by one or more members of the family operating
such a facility: sixty (60) feet.
C. All other permitted and conditional uses: One hundred (100)
feet.
(3) Minimum lot depth: eighty (80) feet."
Section 13. That Section 42-221 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-221. Bulk regulations.
Bulk regulations for the MH -S district are as follows:
(1) Maximum structure height: thirty-five (35) feet.
(2) Yard requirements:
a. Front yard:
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
I 3. Where not less than seventy (70) percent of the zoning
I lots between two (2) intersecting public street
rights-of-way have developed, any newly constructed
single-family or mobile home dwelling may maintain the
same front yard setback of either adjacent existing
dwelling, provided that all of the following conditions
exist:
i. The adjacent property to be matched has not been
granted a variance for front yard setback.
ii. Neither adjacent land use is used for
nonresidential purposes.
iii. The proposed dwelling is not to be placed on a
corner lot.
iv. The structure is proposed to be placed no closer
than fifteen (15) feet from the front property line.
b. Minimum side yard:
1. Residential buildings: ten (10) feet on each side of the
zoning lot.
2. Group day care centers located in an existing structure
resided in by one or more members of the family
operating such a facility: ten (10) feet on each side of
the zoning lot.
3. All other permitted and conditional uses: twenty-five
(25) feet on each side of the zoning lot, except
accessory uses which shall be permitted and governed
by article IV of the chapter.
C. Minimum rear yard: twenty-five (25) percent of the depth of
the lot but need not exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent."
1. Property located adjacent to the following
various types
of streets shall maintain the following yard
requirements
regardless of whether it is a front, side,
or rear
yard,
or any combination thereof:
i. Residential street: twenty-five (25)
feet
from the
property line or fifty-five (55)
feet
from the
center line, whichever is greater.
ii. Collector street: twenty-five (25)
feet
from the
property line or sixty-five (65)
feet
from the
center line, whichever is greater.
iii. Arterial street: twenty-five (25)
feet
from the
property line or seventy-five (75)
feet
from the
center line, whichever is greater.
2. When an addition to an existing nonconforming structure
located on a corner lot is to be constructed, said
addition may be allowed to match the front yard setback
of the existing structure, provided that the front yard
so affected does not abut an arterial street with
right-of-way less than one hundred (100) feet, and
further provided that the construction conforms with all
remaining bulk regulations.
I 3. Where not less than seventy (70) percent of the zoning
I lots between two (2) intersecting public street
rights-of-way have developed, any newly constructed
single-family or mobile home dwelling may maintain the
same front yard setback of either adjacent existing
dwelling, provided that all of the following conditions
exist:
i. The adjacent property to be matched has not been
granted a variance for front yard setback.
ii. Neither adjacent land use is used for
nonresidential purposes.
iii. The proposed dwelling is not to be placed on a
corner lot.
iv. The structure is proposed to be placed no closer
than fifteen (15) feet from the front property line.
b. Minimum side yard:
1. Residential buildings: ten (10) feet on each side of the
zoning lot.
2. Group day care centers located in an existing structure
resided in by one or more members of the family
operating such a facility: ten (10) feet on each side of
the zoning lot.
3. All other permitted and conditional uses: twenty-five
(25) feet on each side of the zoning lot, except
accessory uses which shall be permitted and governed
by article IV of the chapter.
C. Minimum rear yard: twenty-five (25) percent of the depth of
the lot but need not exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent."
Section 14. That the existing Sections 42-130, 42-144, 42-145,
42-159, 42-160, 42-174, 42-175, 42-189, 42-190, 42-204, 42-205, 42-220, 42-221
of the Salina Code are hereby repealed.
Section 15. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: December 16, 1985
[SEAL]
ATTEST:
D. L. Harrison, City Clerk
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Passed: December 23, 1985
, Lim --' .
Merle A. Hodges, M.D. Mayor