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83-8954 Day Care Centers(Published in The Salina Journal �_Xr)L, Q -Q 1983) AN ORDINANCE PROVIDING THAT GROUP DAY CARE CENTERS MAY BE ALLOWED AS PERMITTED USES IN CERTAIN DISTRICTS AND AMENDING SECTIONS 42-252, 42-267, 42-282, 42-302, 42-317, 42-332 OF THE SALINA CODE; AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED BY THE Governing Body of the City of Salina, Kansas: Section 1. That Section 42-252 of the Salina Code is hereby amended to read as follows: "Sec. 42-252. Permitted uses. Permitted uses in the C-1 district are as follows: ( 1) Businesses 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) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear space of at least 20 feet. ( 3) Medical and dental clinics, and guidance centers; ( 4) Mortuaries and funeral homes; ( 5) 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 ( 6) 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; ( 7) Offices for ministers, rabbis, priests, etc.; ( 8) Public utility uses, including substations and ambulance services; ( 9) Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses; (10) YMCA, YWCA and other similar organizations; (11) Signs, as permitted by Article X of this chapter; (12) Accessory and temporary uses, as permitted by Article IV of this chapter; (13) Off-street parking and loading as required by Article XI of this chapter. Section 2. That Section 42-262 of the Salina Code is hereby amended to read as follows: "Sec. 42-267. Permitted uses. Permitted uses in the C-2 district are as follows: ( 1) Apparel stores; (2) Banks and financial institutions; (3) Barbershops; (4) Beauty shops; (5) Bicycle shops; (6) Business and professional offices; (7) Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises; ( 8) Florist shops; ( 9) Food stores, including grocery stores, meat markets, bakeries and delicatessens; (10) Gift shops and variety stores; (11) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear space of at least 20 feet. (12) Hardware stores; (13) Medical and dental clinics, and guidance centers; (14) Mortuaries and funeral homes; (15) Package liquor stores; (16) Pharmacies; (17) Public utility uses including substations and ambulance services; (18) Restaurants, other than drive-in establishments; (19) Self-service laundry and dry cleaning establishments; (20) YMCA, YWCA, and other similar organizations;; (21) Any other similar retail business not specifically listed in any section is permitted if it complies with the conditions and restrictions contained in Section 42-271.; (22) Accessory and temporary uses, as permitted by article IV of this chapter. (23) Signs, as permitted by article X of this chapter; (24) Off-street parking and leading, as required by article XI of this chapter. Section 3. That Section 42-2.82 of the Salina Code is hereby amended to read as follows: "Sec. 42-2.82. 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) Banks and financial institutions; ( 6) Barbershops; ( 7) Beauty shops; ( 8) Bicycle shops; 9) Blueprinting and photostating establishments; (10) Bookstores; (11) Business and professional offices; (12) Camera and photographic supply stores; (13) Carpet and rug stores; (14) China and glassware stores; (15) Department stores; (16) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (17) Dry cleaning establishments; (18) Drygoods stores; (19) Florist shops; (20) Food stores, including grocery stores, meat markets, bakeries, and delicatessens; (21) Furniture stores; (22) Furrier shops, including the incidental storage and conditioning of furs; (23) Gasoline service stations; (24) Gift shops; (25) Governmental buildings; (26) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear space of at least 20 feet. (27) Hardware stores; (28) Hobby shops; (29) Hotels and motels; (30) 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; (31) Jewelry stores; (32) Leather goods and luggage stores; (33) Mail-order houses; (34) Medical and dental clinics, and guidance centers; (35) Mortuaries and funeral homes; (36) Music stores and musical instrument sales and repair; (37) Newsstands; (38) Optical sales; (39) Package liquor stores; (40) Paint and wallpaper stores; (41) Pet grooming shops; (42) Pet stores; (43) Pharmacies; (44) Physical and health services such as private gymnasiums and reducing salons; (45) Private clubs (clubs and organizations, and fraternal and service clubs as defined only); (46) Printing plants; (47) Public utility uses including substations and ambulance services; (48) Radio and television broadcasting stations; (49) Recording studios; (50) Research laboratories; (51) Restaurants, other than drive-in establishments; (52) 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; (53) Schools: music, dance or business; (54) Self-service laundry and dry cleaning establishments; (55) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (56) Sporting goods stores; (57) Tailors; (58) Telephone exchanges and telephone transmission equipment structures; (59) Theatres, indoor only; (60) Travel bureaus and transportation ticket offices; (61) Variety stores; (62) Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 42-286 of this chapter; (63) Accessory and temporary uses, as permitted by article IV of this chapter; (64) Signs, as permitted by article X of this chapter; (65) Off-street parking and loading, as required by article XI of this chapter. Section 4. That Section 42-302 of the Salina Code is hereby amended to read 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; ( 4) Art galleries, libraries and museums; ( 5) Auditoriums and community theatres; ( 6) Automobile sales, rental and service; ( 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; (19) Contractor's offices; (20) Department stores; (21) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (22) Dry cleaning establishments; (23) Drygoods stores; (24) Electrical contractors; (25) Electronic parts and supplies; (26) Florist shops; (27) Food stores, including grocery stores, meal; markets, bakeries, and delicatessens; (28) Fraternal and service clubs; (29) Furniture stores; (30) Furrier shops, including the incidental storage and conditioning of furs; (31) Gasoline service stations; (32) Gift shops; (33) Governmental buildings; (34) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear space of at least 20 feet. (35) Hardware stores; (36) Hobby shops; (37) Hospitals, sanitariums, rest homes, and nursing homes, providing that parking is provided in accordance with section 42-553; (38) Hotels and motels; (39) 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; (40) Jewelry stores; (41) Leather goods and luggage stores; (42) Mail-order houses; (43) Mechanical contractors; (44) Medical and dental clinics, and guidance centers; (45) Mini -warehouses; (46) Mortuaries and funeral homes; (47) Music stores and musical instrument sales; (48) Newspaper offices and printing; (49) Newsstands; (50) Office equipment and supply; (51) Optical sales; (52) Package liquor stores; (53) Paint and wallpaper stores; (54) Parking garages and lots; (55) Pawnshops; (56) Pest control and exterminators; (57) Pet grooming shops; (58) Pet stores; (59) Pharmacies; (60) Physical and health services such as private gymnasiums and reducing salons; (61) Printing plants; (62) Private clubs; (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) Restaurants, other than drive-in establishments; (68) 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. (69) Schools: music, dance or business; (70) Self-service laundry and dry cleaning establishments; (71) Shoe repair shops; (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) Tailor shops; (75) Taverns; (76) Telephone exchanges and telephone transmission equipment structures; (77) Theatres, indoor only; (78) Travel bureaus and transportation ticket offices; (79) Variety stores; (80) YMCA, YWCA, and other similar organizations;; (81) Any other similar retail business not specifically listed is permitted if it complies with the conditions and restrictions contained in Section 42-306; (82) Accessory and temporary uses, as permitted by article VI of this chapter. (83) Signs, as permitted by article X of this chapter; (84) Off-street parking and loading, as required by article XI of this chapter. Section 5. That Section 42-317 of the Salina Code is hereby amended to read as follows: "Sec. 42-317. Permitted uses. Permitted uses in the C-5 district are as follows: ( 1) Ambulance services; ( 2) Automobile sales and rental and service; ( 3) Automotive parts, wholesale; ( 4) Automotive sales, service and parts; ( 5) Banks and financial institutions; ( 6) Barbershops; ( 7) Beauty shops; ( 8) Bicycle shops; ( 9) Boat sales rental and service; (10) Bonding agencies; (11) Bowling alleys; (12) Business and professional offices; (13) Car washes; (14) Carpet and rug stores; (15) Commercial off-street parking as a principal use; (16) Contractor's offices; (17) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (18) Equipment sales and rental, not including heavy equipment type such as bulldozers and cranes; (19) Food stores and delicatesens; (20) Furniture stores; (21) Garden stores, greenhouses and nurseries; (22) Gasoline service stations; (23) Gift and souvenir shops; (24) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear space of at least 20 feet; (25) Hardware stores; (26) Hotels and motels; (27) Package liquor stores; (28) Paint and wallpaper stores; (29) Pawnshops; (30) Pest control and exterminators; (31) Pharmacies; (32) Pitch and putt, and miniature golf courses;; (33) Printing plants; (34) Private clubs; (35) Public utility uses, including substations; (36) Recreational vehicle rental, sales and service; (37) Restaurants, including drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles; (38) Self-service laundry and dry cleaning establishments; (39) Service and fraternal clubs and lodges; (40) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (41) Sporting goods stores; (42) Truck sales and service; (43) Variety stores; (44) YMCA, YWCA, and other similar organizations; (45) Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 42-336; (46) Accessory and temporary uses, as permitted by article IV of this chapter; (47) Signs as permitted by article X of this chapter; (48) Off-street parking and loading, as required by article XI of this chapter. Section 6. That Section 42-332 of the Salina Code is hereby amended to read 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 parts, wholesale; (12) Automotive sales, service and parts; (13) Banks and financial institutions; (14) Barbershops; (15) Beauty shops; (16) Bicycle shops; (17) Blueprinting and photostating establishments; (18) Boat sales rental and service; (19) Bonding agencies; (20) Bookstores; (21) Bowling alleys; (22) Business and professional offices; (23) Camera and photographic supply stores; (24) Car washes; (25) Carpet and rug stores; (26) China and glassware stores; (27) Commercial off-street parking as a principal use; (28) Contractor's offices; (29) Department stores; (30) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (31) Dry cleaning establishments; (32) Drygoods stores; (33) Electrical contractors; (34) Electronic parts and supplies; (35) Equipment sales and rental; (36)Florist shops; (37) Food stores and delicatesens; (38) Fraternal and service clubs; (39) Furniture stores; (40) Furrier shops; (41) Garden stores, greenhouses and nurseries; (42) Gasoline service stations; (43) Gift and souvenir shops; (44) Governmental buildings; (45) Group day care centers provided that such use shall be separated from any commercial or industrial use by a four hour fire -resistive assembly, or by a clear, space of at least 20 feet; (46) Hardware stores; (47) Hobby shops; (48) Hospitals, sanitariums, rest homes and nursing homes; (49) Hotels and motels; (50) Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles; (51) Jewelry stores; (52) Leather and luggage stores; (53) Lumber yards; (54) Mail-order houses; (55) Mechanical contractors; (56) Medical and dental clinics, and guidance centers; (57) Mini -warehouses; (58) Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence; (59) Mortuaries and funeral homes; (60) Music stores and musical instrument sales; (61) Newspaper offices and printing; (62) Newsstands; (63) Office equipment and supply; (64) Optical sales; (65) Package liquor stores; (66) Paint and wallpaper stores; (67) Parking garages and lots; (68) Pawnshops; (69) Pest control and exterminators; (70) Pet grooming shops; (71) Pet stores; (72) Pharmacies; (73) Physical and health services; (74) Printing plants; (75) Private clubs; (76) Public utility uses, including substations; (77) Radio and television broadcasting stations; (78) Radio and television repair shops; (79) Recording studios; (80) Recreational vehicle rental, sales and service; (81) Restaurants, including drive-in establishmE!nts; (82) Restricted production and repair limited to the following: Alteration and custom tailoring of clothuirg for retail sale only; jewelry from precious metals; watches; dentures; optical lenses; and other similar activities; (83) Schools: music, dance or business; (84) Self-service laundry and dry cleaning establishments; (85) Shoe repair shops; (86) Sporting goods stores; (87) Tailor shops; (88) Taverns; (89) Telephone exchanges and telephone transmission equipment structures; (90) Theatres, indoor only; (91) Variety stores; (92) YMCA, YWCA, and other similar organizations; (93) Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 42-336; (94) Accessory and temporary uses, as permitted by article IV of this chapter; (95) Signs as permitted by article X of this chapter; (96) Off-street parking and loading, as required by article XI of this chapter. Section 7. That the existing Sections 42-252, 42-267, 42-282, 42-302, 42-317, 42-332 of the Salina Code are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: January 17:, 1983 Passed: January 24., 1983 eith G. Duc ers, rlayor (SEAL) ATTEST: D. L. Harrison, City Clerk