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8664 Permitted UsesORDINANCE NUMBER 8664 (Published in The Salina Journal�"te/Y161 2Z , 1978) AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 36-600(1), 36- 601(2), 36-602(2), 36-603(2), 36-604(2), 36-6o4A(2), 36-605(2), 36-608(1), 36- 609(1), 36-610(1), 36-611(1) OF ZONING ORDINANCE, THE SAME BEING CHAPTER 36 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 36-600(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-600(2). Permitted uses. 1. Agriculture, as defined in this chapter. 2. Single-family dwellings. 3• Cemeteries, including crematories and mausoleums when used in conjunction with a cemetery, but not including mortuaries. 4. Dog kennels or animal hospitals, provided no structure or pen housing any animals shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district. 5. Educational institutions, as follows: (a) Boarding schools and academies. (b) Colleges and universities. (c) Primary, intermediate and secondary schools. 6. Family care facilities. 7. Group day care centers when located in a nonresidential building. 8. Hospitals, sanitariums, rest homes and nursing homes. 9. Libraries and museums. 10. Oil or gas well drilling, provided such well is, or will be, located more than five hundred (500) feet from any school, residential district boundary, or any residential building other than a residential building occupied by the owner, lessee or operator of the premises on which the well is located. (see Section 36-600(2).) 11. Public service and public utility uses, as follows, provided such use is, or will be, located more than three hundred (300) feet from the boundary of any residential district. (See section 36-600(2).) (a) Electric and telephone substations and distribution centers. (b) Gas regulator stations. (c) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar equipment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or water, operated or maintained by a public utility, as defined in this chapter. (d) Police and fire stations. (e) Pumping stations. (f) Radio, television and microwave transmitting or relay stations and towers. (g) Telephone exchanges. (h) Transformer stations. (i) Water reservoirs and standpipes. (j) Ambulance services. 12. Recreational and social facilities, as follows: (a) Country clubs, including golf, swimming and tennis clubs. (b) Golf courses, but not including golf driving ranges, pitch and putt, or miniature golf courses. (c) Noncommercial recreational buildings, community centers, auditoriums, stadiums and arenas. (d) Parks and playgrounds. (e) Privately owned dwellings for seasonal occupancy and not designed or used for permanent occupancy, such as summer homes and cottages, and hunting and fishing lodges and cabins. (f) Public athletic fields. 13. Religious institutions, as follows: (a) Churches, chapels, temples, synagogues, cathedrals, and Section 2. That Section 36-601(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-601(2). ConditionaZ uses. shrines. Swimming clubs, tennis clubs and clubhouses accessory to (b) Convents, seminaries, monisteries, and nuneries. (c) Rectories, parsonages and parish homes. 14. Riding stables, provided no structure housing horses shall Public utility uses, as follows, provided that the location be located nearer than seven hundred fifty (750) feet to the boundary of any residential district. 15. Well head stations, well separators and other similar above - further that a landscape plan or screening plan, if necessary, the -ground facilities customarily used for the distribution, transmission or storage of oil or natural gas, provided no such equipment shall be located nearer than five hundred (b) Gas regulator stations. (500) feet from the boundary of any residential district. Such equipment may be in enclosed buildings or in the open, but it may be completely enclosed behind a chain link fence (d) Pumping stations. with a two-inch or less mesh, or its equivalent, not less than six (6) feet in height. 16. Accessory and temporary uses, and home occupations, as (f) Ambulance services. permitted by Article IV. 3. 17. Signs, as permitted by Article IX. 18. Off-street parking, as required by Article X." Section 2. That Section 36-601(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-601(2). ConditionaZ uses. Section 3. That Section 36-602(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-602(2). ConditionaZ uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to 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 Public utility uses, as follows, provided that the location further, that a landscape plan or screening plan, if necessary is first approved by the planning commission: (a) Substations. further that a landscape plan or screening plan, if necessary, (b) Gas regulator stations.' (c) Police and fire stations. (d) Pumping stations. (b) Gas regulator stations. (e) Ambulance services. 3. YMCA, YWCA, and other similar uses, as defined in this chapter. (d) Pumping stations. 4. Hospitals, sanitariums, rest homes, and nursing homes. 5. Group care facilities 6. Group day care centers." Section 3. That Section 36-602(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-602(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) Water towers and standpipes. (f) 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." Section 4. That Section 36-603(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-603(2). Conditional uses. Section 5. That Section 36-604(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to Swimming clubs, tennis clubs and clubhouses accessory to golf courses. 2. Group care facilities. 3. Group day care centers and nursery schools. Group care facilities. 4. Public utility uses, as follows, provided that the location 3. is first approved by the planning commission, and provided further, that a landscape plan or screening plan, if necessary Public utility uses, as follows, provided that the location is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. further, that a landscape plan or screening plan, if necessary (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (a) Substations. (f) Ambulance services. 5. YMCA, YWCA and other similar uses, as defined in this chapter. 6. Hospitals, rest homes, sanitariums, and nursing homes, (c) Police and fire stations. provided that they shall be screened from adjacent residential property and shall be located on an arterial street." Section 5. That Section 36-604(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604(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, 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 J hallway and that there is no advertising or display visible from the exterior of the structure." Section 6_. That Section 36-604A(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-604A(2). Conditional uses. Section 7. That Section 36-605(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-605(2). ConditionaZ uses. 1. Swimming clubs, tennis clubs and clubhouses accessory to clubhouses accessory to golf courses. golf courses. 2. Group day care centers and nursery 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location provided that the location is first approved by the planning commission, and provided is first approved by the planning further, that a landscape plan or screening plan, if necessary is first approved by the planning commission: screening plan, if necessary (a) Substations. is first approved by the planning (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (b) Gas regulator stations. (e) Water towers and standpipes. (f) Ambulance services. 4. YMCA, YWCA and other similar uses, as defined in this chapter. (d) Pumping stations. 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. (f) Ambulance services. 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: (a) Minimum lot area: Five hundred (500) square feet per dwelling unit. (b) Bulk regulations: (1) Maximum structure height: One hundred fifty (150) feet except as provided in Section 36-604A(2)9(b)(2) below. (2) Minimum yard requirements: a. Front yard: Thirty (30) feet on all sides abutting a street. b. 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. C. 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.'' Section 7. That Section 36-605(2) of the Salina Code is hereby amended to read as follows: "Sec. 36-605(2). ConditionaZ 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 8. That Section 36-608(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-608(1). Permitted uses. Business and professional offices, provided that any warehouse 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 2. property and shall be located on an arterial street. 3. 6. Mortuaries and funeral homes. 4. 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: (a) Minimum lot area: Five hundred (500) square feet per dwelling unit. (b) Bulk regulations: (1) Maximum structure height: One hundred fifty (150) feet except as provided in Section 36-605(2)9(b)(2), below. 5. (2) Minimum yard requirements: 6. a. Front yard: Thirty (30) feet on all sides abutting a street. 7. b. Side yard: Fifteen (15) feet except there shall be an additional side yard setback 8. of one foot for each two (2) feet of height over fifty (50) feet. 9• C. Rear yard: Twenty-five (25) feet. 10. 10. Pharmacies when located in a medical or dental office building, 11. provided they can be entered only from an interior lobby or 12. hallway and that there is no advertising or display visible from the exterior of the structure." Section 8. That Section 36-608(1) of the Salina Code is hereby amended to read as follows: "Sec. 36-608(1). Permitted uses. 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. Medical and dental clinics, and guidance centers. 3. Mortuaries and funeral homes. 4. 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. 5. Offices for ministers, rabbis, priests, etc. 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. Public utility uses, including substations and ambulance services. 8. Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses. 9• YMCA, YWCA, and other similar organizations. 10. Signs, as permitted by Article IX. 11. Accessory and temporary uses, as permitted by Article IV. 12. Off-street parking and loading as required by Article X." 1 n Section 9. That Section 36-609(1) of the Salina Code is hereby amended to read as follows: "See. 36-609(1). Permitted uses. 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. Food stores, including grocery stores, meat markets, bakeries and delicatessens. 9. Florist shops. 10. Gift shops and variety stores. 11. Hardware stores. 12. Medical and dental clinics, and guidance centers. 13. Motruaries and funeral homes. 14. Package liquor stores. 15. Pharmacies. 16. Public utility uses including substations and ambulance services. 17. Restaurants, other than drive-in establishments. 18. Self-service laundry and dry cleaning establishments. 19. YMCA, YWCA, and other similar organizations. 20. Any other similar retail business not specifically listed in any section is permitted if it complies with the conditions and restrictions contained in Section 36-609(5). 21. Accessory and temporary uses, as permitted by Article IV. 22. Signs, as permitted by Article IX. 23. Off-street parking and loading, as required by Article X." Section 10. That Section 36-610(1) of the Salina Code is hereby amended to read as follows: "See. 36-610(1). Permitted uses. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Antique shops. Apparel stores. Appliance stores. Auditoriums and community theatres. Banks ans financial institutions. Barbershops. Beauty shops. Bicycle shops. Blueprinting and photostating establishments. Bookstores. Business and professional offices. Camera and photographic supply stores. Carpet and rug stores. China and glassware stores. Department stores. Dry cleaning establishments. Drygoods stores. Florist shops. Food stores, including grocery stores, and delicatessens. Furniture stores. Furrier shops, including the incidental conditioning of furs. Gasoline service stations. Gift shops. Governmental buildings. Hardware stores. Hobby shops. Hotels and motels. meat markets, bakeries storage and 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. 1 n 29. Jewelry stores. 30. Leather goods and luggage stores. 31. Mail-order houses. 32. Medical and dental clinics, and guidance centers. 33. Mortuaries and funeral homes. 34. Music stores, and musical instrument sales and repair. 35• Newsstands. 36. Optical sales. 37. Package liquor stores. 38. Paint and wallpaper stores. 39. Pet grooming shops. 40. Pet stores. 41. Pharmacies. 42. Printing plants. 43. Public utility uses including substations and ambulance services. 44. Research laboratories. 45. Restaurants, other than drive-in establishments. 46. Physical and health services such as private gymnasiums and reducing salons. 47. Private clubs (clubs and organizations, and fraternal and service clubs as defined only). 48. Radio and television broadcasting stations. 49. Recording studios. 50. 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. 51. Schools: Music, dance or business. 52. Self-service laundry and dry cleaning establishments. 53• Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 54. Sporting goods stores. 55• Tailors. 56. Telephone exchanges and telephone transmission equipment structures. 57. Theatres, indoor only. 58. Travel bureaus and transportation ticket offices. 59• Variety stores. 60. 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). 61. Accessory and temporary uses, as permitted by Article IV. 62. Signs, as permitted by Article IX. 63. Off-street parking and loading, as required by Article X." Section 11. That Section 36-611(1) of the Salina Code is hereby amended to read as follows: "See. 36-6110). Permitted uses. 1. Antique shops. 2. Auditoriums and community theatres. 3. Automobile sales, rental, and service. 4. Auto parts stores. 5. Apparel stores. 6. Appliance stores. 7. Art galleries, libraries, and museums. 8. Banks and financial institutions. 9. Barbershops. 10. Beauty shops. H. Bicycle shops. 12. Bookstores. 13. Blueprinting and photostating establishments. 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. 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 stores. 29. Furrier shops, including the incidental storage and conditioning of furs. 30. Gasoline service stations. 31. Gift shops. 32. Governmental buildings. 33• Hardware stores. 34. Hoppy shops. 35. Hospitals, sanitariums, rest homes, and nursing homes, providing that parking is provided in accordance with Section 36-1002. 36. Hotels and motels. 37. 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. 38. Jewelry stores. 39. Leather goods and luggage stores. 40. Mail-order houses. 41. Mechanical contractors. 42. Medical and dental clinics, and guidance centers. 43. Mini -warehouses. 44. Mortuaries and funeral homes. 45• Music stores and musical instrument sales. 46. Newspaper offices and printing. 47. Newsstands. 48. Office equipment and supply. 49. Optical sales. 50. Package liquor stores. 51. Paint and wallpaper stores. 52. Parking garages and lots. 53. Pawnshops. 54. Pest control and exterminators. 55• Pet grooming shops. 56. Pet stores. 57• Pharmacies. 58. Physical and health services such as private gymnasiums and reducing salons. 59• Private clubs. 60. Printing plants. 61. Public utility uses including substations and ambulance services. 62. Radio and television broadcasting stations. 63. Radio and television repair shops. 64. Recording studios. 65. Restaurants, other than drive-in establishments. 66. Restricted production and repail 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. 67. Schools: Music, dance or business. 68. Self-service laundry and dry cleaning establishments. 69. Shoe repair shops. 70. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 71. Sporting goods stores. 72. Tailor shops. 73• Taverns. 1 Fj 1 74. Telephone exchanges and telephone transmission equipment structures. 75. Theatres, indoor only. 76. Travel bureaus and transportation ticket offices. 77. YMCA, YWCA, and other similar organizations. 78. Variety stores. 79. Any other similar retail business not specifically listed is permitted if it complies with the conditions and restrictions contained in Section 36-611(5). 80. Accessory and temporary uses, as permitted by Article IV. 81. Signs, as permitted by Article IX. 82. Off-street parking and loading, as required by Article X.'' Section 12. That the existing Sections 36-600(1), 36-601(2), 36- 602(2), 36-603(2), 36-604(2), 36404A(2), 36-605(2), 36-608(1), 36-609(1), 36- 610(1), 36-611(1) are hereby repealed. Section 13. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. Introduced: September 11, 1978 Passed: Septembey 25, 1978 Jack Weisgerb Mayor (SEAL) Attest: D. L. Harrison, City Clerk