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81-8863 Zoning RegulationsORDINANCE NUMBER 81-8863 (Published in The Salina Journal M 1981) AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 36-404(2), 36-601(2), 36-602(2), 36-603(2), 36-604(2), 36-604A(2), 36-605(2), 36-610(1), 36-611(1), 36-612(1), 36-613(1), 36-613(2), 36-1301(41) AND 36-1301(73) OF THE SALINA CODE, AND REPEALING THE EXISTING SECTIONS. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That Section 36-404(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-404(2). Permitted home occupations. In particular, home occupations may include, but are not limited to: (a) Dressmaker, seamstress, tailor; (b) Music and dancing teaching limited to a single pupil at a time, except for occasional groups; (c) Artists, sculptors, authors, composers, photographers; (d) Ministers, rabbis, priests; (e) Professional office for physician, dentist, lawyer, engineer, architect, accountant, real estate agent, or similar use; (f) Office facility for salesman, sales representative, manufacturer's representative, when no retail, wholesale, or exchange of goods is made or transacted on the premises; (g) Home crafts, provided that no machinery or equipment shall be used or employed, other than that which would customarily be found in the home, including machinery or equipment that would customarily be employed in connection with a hobby or avocation not conducted for gain or profit; (h) Day care homes, provided such homes shall have all yard areas enclosed that are devoted to such use; (i) Barber and beauty shops provided that only one operator shall be permitted. (j) Hobby breeders, provided that no more than ten (10) dogs are kept on the zoning lot and that the provisions of Section 8-84 of the Salina Code have been complied with." Section 2. That Section 36-601(2) of the Salina Code is hereby amended to read as follows: "See. 36-601(2). ConditionaZ uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Ambulance services. 3. YMCA, YWCA, and other similar uses, as defined in this chapter. 4. Hospitals, sanitariums, rest homes, and nursing homes. 5. Group care facilities. 6. Group day care centers. 7. Churches, chapels, temples, synagogues, cathedrals and shrines. 8. Schools: Primary, intermediate and secondary. 9. Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 3. That Section 36-602(2) of the Salina Code is hereby amended to read as follows: "See. 36-602(2). Conditional uses. Swimming clubs, tennis clubs and clubhouses accessory to Section 4. That Section 36-603(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-603(2). Conditional uses. golf courses. Swimming clubs, tennis clubs and clubhouses accessory 2. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or Group care facilities. screening plan, if necessary, is first approved by 3. the planning commission: (a) Substations. Public utility uses, as follows, provided that the (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. and provided further, that a landscape plan or (e) Water towers and standpipes. (f) Ambulance services. 3. YMCA, YWCA and other similar uses, as defined in the planning commission: this chapter. 4. Hospitals, sanitariums, rest homes, and nursing homes. (c) Police and fire stations. 5. Group care facilities. 6. Group day care centers. 7. Churches, chapels, temples, synagogues, cathedrals (e) Water towers and standpipes and shrines. 8. Schools: Primary, intermediate and secondary. 9. Hobby breeders keeping between eleven (11) and YMCA, YWCA and other similar uses, as defined in nineteen (19) dogs on a zoning lots, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 4. That Section 36-603(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-603(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group care facilities. 3. Group day care centers and nursery schools. 4. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes (f) Ambulance services. 5. YMCA, YWCA and other similar uses, as defined in this chapter. 6. Hospitals, rest homes, sanitariums, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 7. Churches, chapels, temples, synagogues, cathedrals and shrines. 8. Schools: Primary, intermediate and secondary. 9. Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 5. That Section 36-604(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604(2). ConditionaZ uses. Section 6. That Section 36-604A(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604A(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group care facilities. 3. Groud day care centers and nursery schools. 4. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 5. YMCA, YWCA and other similar uses, as defined in this chapter. 6. Hospitals, sanitariums, rest homes, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 7. Mortuaries and funeral homes. 8. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. 9. Armories. 10. Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hallway and that there is no advertising or display visible from the exterior of the structure. 11. Churches, chapels, temples, synagogues, cathedrals and shrines. 12. Schools: Primary, intermediate and secondary. 13. Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 6. That Section 36-604A(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604A(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. Section 7. That Section 36-605(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-605(2). Conditional uses. 1. 4. YMCA, YWCA and other similar uses, as defined in this chapter. 2. 5. Hospitals, sanitariums, rest homes, and nursing 3. homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 6. Mortuaries and funeral homes. 7. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. 8. Armories. 9. Multiple -family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size: 4. (a) Minimum lot area: Five hundred (500) square feet per dwelling unit. 5• (b) Bulk regulations: (1) Maximum structure height: One hundred fifty (150) feet except as permitted in Section 36-604A(2)9.(b)(2) below. 6. (2) Minimum yard requirements: 7. Front yard: Thirty (30) feet on all sides abutting a street. Side Yard: Fifteen (15) feet except there shall be an additional side yard setback of one foot for each two (2) feet of height over fifty (50) feet. Rear Yard: Twenty-five (25) feet. 10. Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hallway and that there is no advertising or display visible from the exterior of the structure. 11. Churches, chapels, temples, synagogues, cathedrals, and shrines. 12. Schools: Primary, intermediate and secondary. 13. Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 7. That Section 36-605(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-605(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 4. YMCA, YWCA and other similar uses, as defined in this chapter. 5• Hospitals, sanitariums, rest homes, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 6. Mortuaries and funeral homes. 7. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. Section 8. That Section 36-610(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-610(1). Permitted uses. Antique shops. 2. Apparel stores. 3. Appliance stores. 8. Armories. 9. Multiple -family dwellings for elderly and/or handicapped 6. Barbershops. persons with the following permitted exceptions to 8. Bicycle shops. the required bulk and lot size: 9. Blueprinting and photostating establishments. (a) Minimum lot area: Five hundred (500) square 11. Business and professional offices. feet per dwelling unit. 12. Camera and photographic supply stores. (b) Bulk regulations: 14. China and glassware stores. (1) Maximum structure height: One hundred fifty (150) feet except as permitted in 15• Department stores. Section 36-605(2)9.(b)(2) below. completely enclosed and that no odor or noise is (2) Minimum yard requirements: discernible outside the structure. Front yard: Thirty (30) feet on all sides 18. Drygoods stores. abutting a street. 19. Florist shops. Side yard: Fifteen (15) feet except there bakeries, and delicatessens. shall be an additional side yard setback 21. Furniture stores. of one foot for each two (2) feet of conditioning of furs. height over fifty (50) feet. 23. Gasoline service stations. Rear Yard: Twenty-five (25) feet. 10. Pharmacies when located in a medical or dental 26. Hardware stores. office building, provided they can be entered only 28. Hotels and motels. from an interior lobby or hallway and that there is no advertising or display visible from the exterior of the structure. 11. Churches, chapels, temples, synagogues, cathedrals, and shrines. 12. Schools: Primary, intermediate and secondary. 13• Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject to the provision of adequate screening, waste disposal facilities, pest control and fencing." Section 8. That Section 36-610(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-610(1). Permitted uses. 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. Hardware stores. 27. Hobby shops. 28. Hotels and motels. Section 9. That Section 36-611(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-611(1). Permitted uses. I. 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. 29. 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. 30. Jewelry stores. 31. Leather goods and luggage stores. 32. Mail-order houses. 33• Medical and dental clinics, and guidance centers. 34. Mortuaries and funeral homes. 35. Music stores, and musical instrument sales and repair. 36. Newsstands. 37. Optical sales. 38. Package liquor stores. 39. Paint and wallpaper stores. 40. Pet grooming shops. 41. Pet stores. 42. Pharmacies. 43. Printing plants. 44. Public utility uses including substations and ambulance services. 45. Research laboratories. 46. Restaurants, other than drive-in establishments. 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. Radio and television broadcasting stations. 50. Recording studios. 51. 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. 52. Schools: Music, dance or business. 53. Self-service laundry and dry cleaning establishments. 54. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 55. Sporting goods stores. 56. Tailors. 57. Telephone exchanges and telephone transmission equipment structures. 58. Theatres, indoor only. 59. Travel bureaus and transportation ticket offices. 60. Variety stores. 61. Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in Section 36-610(5). 62. Accessory and temporary uses, as permitted by Article IV. 63. Signs, as permitted by Article IX. 64. Off-street parking and loading, as required by Article X." Section 9. That Section 36-611(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-611(1). Permitted uses. I. 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 office. 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, meat 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. Hardware stores. 35. Hobby shops. 36. Hospitals, sanitariums, rest homes, and nursing homes, providing that parking is provided in accordance with Section 36-1002. 37. Hotels and motels. 38. 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. 39. Jewelry stores. 40. Leather goods and luggage stores. 41. Mail-order houses. 42. Mechanical contractors. 43. Medical and dental clinics, and guidance centers. 44. Mini -warehouses. 45. Mortuaries and funeral homes. 46. Music stores, and musical instrument sales. 47. Newspaper offices and printing. 48. Newsstands. 49. Office equipment and supply. 50. Optical sales. 51. Package liquor stores. 52. Paint and wallpaper stores. 53. Parking garages and lots. 54. Pawnshops. 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. Private clubs. 61. Printing plants. 62. Public utility uses including substations and ambulance services. 63. Radio and television broadcasting stations. 64. Radio and television repair shops. 65. Recording studios. 66. Restaurants, other than drive-in establishments. Section 10. That Section 36-612(1) of the Salina Code is hereby amended to read as follows: 67. Restricted production and repair limited to the "Sec. 36-612(1). Permitted uses. following: Alteration and custom tailoring of 1. Ambulance services. clothing for retail sale only; jewelry from precious 2. Automobile sales, rental, and service. metal; watches; dentures; optical lenses; and other 3. Automotive parts, wholesale. similar activities. 4. Automotive sales, service and parts. 68. Schools: Music, dance or business. 5. Banks and financial institutions. 69. Self service laundry and dry cleaning establishments. 6. Barbershops. 70. Shoe repair shops. 7. Beauty shops. 71. Small animal hospitals, providing that such facility 8. Bicycle shops. is completely enclosed and that no odor or noise is 9. Boat sales, rental and service. discernible outside the structure. 10. Bonding agencies. 72. Sporting goods stores. 11. Bowling alleys. 73. Tailor shops. 12. Business and professional offices. 74. Taverns. 13. Car washes. 75. Telephone exchanges and telephone transmission 14. Carpet and rug stores. equipment structures. 15• Commercial off-street parking as a principal use. 76. Theatres, indoor only. 16. Contractor's office. 77. Travel bureaus and transportation ticket offices. 17. Dog kennels, providing that such facilities are 78. YMCA, YWCA, and other similar organizations. completely enclosed and that no odor or noise is 79. Variety stores. discernible outside the structure. 80. Any other similar retail business not specifically 18. Equipment sales and rental, not including heavy listed is permitted if it complies with the conditions equipment type such as bulldozers and cranes. and the restrictions contained in Section 36-611(5). 81. Accessory and temporary uses, as permitted by Article 19. 20. Food stores and delicatessens. Furniture stores. IV. 21. Garden stores, greenhouses and nurseries. 82. Signs, as permitted by Article IX. 22. Gasoline service stations. 83. Off-street parking and loading as required by 23. Gift and souvenir shops. Article X." 24. Section 10. That Section 36-612(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-612(1). Permitted uses. 1. Ambulance services. 2. Automobile sales, 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 office. 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. 20. Food stores and delicatessens. Furniture stores. 21. Garden stores, greenhouses and nurseries. 22. Gasoline service stations. 23. Gift and souvenir shops. 24. Hardware stores. 25. Hotels and motels. 26. Package liquor stores. 27. Paint and wallpaper stores. 28. Pawnshops. 29. Pest control and exterminators. 30. Pharmacies. 31. Pitch and putt, and miniature golf. Section 11. That Section 36-613(1) of the Salina Code is hereby amended to read as follows: "See. 36-613(1). Permitted uses. 1. 2. 32. Printing plants. 33. Private clubs. Amusement parks and skating rinks. 34. Public utility uses including substations. 4. 35. Recreational vehicle rental, sales and service. 36. Restaurants, including drive-in establishments, an enclosed structure. serving food or beverages to customers for consumption 5. on the premises or in parked motor vehicles. 37. Self-service laundry and dry cleaning establishments. Apparel stores. 38. Service and fraternal clubs and lodges. 7. 39. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is Armories. discernible'outside the structure. 9. 40. Sporting goods stores. 41. Truck sales and service. Automobile and truck sales and rental, including 42. Variety stores. 43. YMCA, YWCA, and other similar organizations. 44. Any other similar uses not specifically listed are provided that all such operations or facilities permitted if they comply with the conditions and restrictions contained in Section 36-612(5). 45. Accessory and temporary uses, as permitted by 36-613(5). Article IV. H. 46. Signs, as permitted by Article IX. 47. Off-street parking and loading, as required by Automotive sales, service, and parts. Article X. Section 11. That Section 36-613(1) of the Salina Code is hereby amended to read as follows: "See. 36-613(1). Permitted uses. 1. 2. Agricultural implement sales and service. 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 all such operations or facilities shall comply with all the use limitations in Section 36-613(5). H. Automotive parts, wholesale. 12. Automotive sales, service, and parts. 13. Banks and financial institutions. 14. Barbershops. 15. Beauty shops. 16. Bicycle shops. 17. Boat sales rental and service. 18. Bonding agencies. 19. Bookstores. 20. Blueprinting and photostating establishments. 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 office. 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 delicatessens. 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. Hardware stores. 46. Hobby shops. 47. Hospitals, sanitariums, rest homes, and nursing homes. 48. Hotels and motels. 49. Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles. 50. Jewelry stores. 51. Leather and luggage stores. 52. Lumber yards. 53. Mail-order houses. 54. Mechanical contractors. 55. Medical and dental clinics, and guidance centers. 56. Mini -warehouses. 57. Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence. 58. Mortuaries and funeral homes. 59. Music stores and musical instrument sales. 60. Newspaper offices and printing. 61. Newsstands. 62. Office equipment and supply. 63. Optical sales. 64. Package liquor stores. 65. Paint and wallpaper stores. 66. Parking garages and lots. 67. Pawnshops. 68. Pest control and exterminators. 69. Pet grooming shops. 70. Pet stores. 71. Pharmacies. 72. Physical and health services. 73. Private clubs. 74. Printing plants. 75. Public utility uses, including substations. 76. Radio and televison broadcasting stations. 77. Radio and television repair shops. 78. Recording studios. 79. Recreational vehicle rental, sales and service. 80. Restaurants, including drive-in establishments. 81. 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. 82. Schools: Music, dance, or business. 83. Self-service laundry and dry cleaning establishments. 84. Shoe repair shops. 85. Sporting goods stores. 86. Tailor shops. 87. Taverns. Section 12. That Section 36-613(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-613(2). ConditionaZ uses. 1. Outdoor theatres. 2. Tire repair shops, recapping, etc. Section 13. That Section 36-1301(41) of the Salina Code is hereby amended to read as follows: "Sec. 36-1301(41). Dog kenneZ. Any place where four (4) dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale except those places/persons meeting the minimum requirements as hobby breeders. Section 14. That Section 36-1301(73) of the Salina Code is hereby amended to read as follows: "Sec. 13-1301(73a). Height, maximum. A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except: (a) Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, shylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located. (b) Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers. "Sec. 13-1301(73b). Hobby breeder. Any person who owns more than four (4) but less than twenty (20) purebred, registered dogs over the age of nine (9) months, which are habitually boarded and lodged within said person's domicile or yard; and who, furthermore, provides a fenced and/or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in said fenced or enclosed area, except when under the personal and immediate control of the owner." 88. Telephone exchanges and telephone transmission equipment structures. 89. Theatres, indoor only. 90. Travel bureaus and transportation ticket offices. 91. YMCA, YWCA, and other similar organizations. 92. Variety stores. 93. Any other similar retail businesses not specifically listed is permitted if it complies with the conditions and the restrictions contained in Section 36-613(5)• 94. Accessory and temporary uses, as permitted by Article IV. 95. Signs as permitted by Article IX. 96. Off-street parking and loading, as required by Article X." Section 12. That Section 36-613(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-613(2). ConditionaZ uses. 1. Outdoor theatres. 2. Tire repair shops, recapping, etc. Section 13. That Section 36-1301(41) of the Salina Code is hereby amended to read as follows: "Sec. 36-1301(41). Dog kenneZ. Any place where four (4) dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale except those places/persons meeting the minimum requirements as hobby breeders. Section 14. That Section 36-1301(73) of the Salina Code is hereby amended to read as follows: "Sec. 13-1301(73a). Height, maximum. A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except: (a) Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, shylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located. (b) Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers. "Sec. 13-1301(73b). Hobby breeder. Any person who owns more than four (4) but less than twenty (20) purebred, registered dogs over the age of nine (9) months, which are habitually boarded and lodged within said person's domicile or yard; and who, furthermore, provides a fenced and/or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in said fenced or enclosed area, except when under the personal and immediate control of the owner." Section 15. That the original Sections 36-404(2), 36-601(2), 36-602(2), 36-603(2), 36-604(2), 36-604A(2), 36-605(2), 36-610(1), 36-611(1), 36-612(1), 36-613(1), 36-613(2), and 36-1301(41), and 36-1301(73) of the Salina Code are hereby repealed. Section 16. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) ATTEST: D. L. Harrison, City Clerk 1 Introduced: July 27, 1981 Passed: August 3, 1981 o-- 1 f Merle A. Hodges, K D., Mayor