8526 Zoning RegulationsORDINANCE NUMBER 8526
(Published in The Salina Journal 14 1977
AN ORDINANCE TO REGULATE AND RESTRICT THE USE OF LAND AND THE LOCATION
OF BUILDINGS AND STRUCTURES DESIGNED FOR SPECIFIC USES; TO REGULATE AND RESTRICT
THE LOCATION OF TRADES AND INDUSTRIES; TO REGULATE AND LIMIT THE HEIGHT AND BULK
OF BUILDINGS OR STRUCTURES HEREINAFTER ERECTED OR ALTERED; TO REGULATE AND LIMIT
THE DENSITY OF POPULATION; TO REGULATE AND RESTRICT PLANNED DEVELOPMENT DISTRICTS;
TO ESTABLISH FLOOD PLAIN ZONES OR DISTRICTS, AND TO REGULATE AND RESTRICT THE
USE THEREOF; TO REGULATE AND RESTRICT THE USE OF SIGNS; TO REGULATE AND RESTRICT
OFF-STREET PARKING AND LOADING; TO REGULATE AND RESTRICT NON -CONFORMING USES; TO
DIVIDE THE CITY INTO DISTRICTS AND ESTABLISH, BY REFERENCES TO A MAP, THE
BOUNDARIES OF SAID DISTRICTS FOR SAID PURPOSES; TO PROVIDE FOR A BOARD OF ZONING
APPEALS AND DEFINING ITS POWERS AND DUTIES; TO PROVIDE FOR ENFORCEMENT AND
PRESCRIBING PENALTIES FOR VIOLATIONS; TO PROVIDE FOR AMENDMENTS; TO PROVIDE FOR
PERMITS AND CERTIFICATES OF OCCUPANCY; DEFINING CERTAIN TERMS; TO PROVIDE FOR
INTERPRETATION OF THIS AND OTHER ORDINANCES, LAWS OR COVENANTS, ETC., RELATING
TO THE SAME OR SIMILAR SUBJECTS; TO PROVIDE THAT IF ANY CLAUSE, SENTENCE, SECTION,
PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, SUCH INVALIDITY SHALL
NOT INVALIDATE THE REMAINDER; TO PROVIDE FOR THE SAVING OF,ALL REMEDIES OF THE
CITY OF SALINA FOR VIOLATION OF ORDINANCE NUMBER 6613 AND ALL AMENDMENTS AND
SUPPLEMENTS THERETO, OR ANY OTHER PREVIOUSLY EXISTING ZONING ORDINANCES; TO
PROVIDE FOR THE REPEAL OF ALL OTHER ORDINANCES OR PARTS OF SUCH ORDINANCES IN
CONFLICT WITH THIS ORDINANCE SUBJECT HOWEVER, TO THE SAVING OF EXISTING REMEDIES,
AS AFORESAID; ENACTING CHAPTER 36 OF THE SALINA CODE AND REPEALING APPENDIX A,
OF THE SALINA CODE, THE SAME BEING ORDINANCE NUMBER 6613.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 36 of the Salina Code is hereby enacted to
read as follows:
"Chapter 36
ZONING REGULATIONS OF THE CITY OF SALINA, KANSAS
ARTICLE I.
GENERAL PROVISIONS
"Section 36-100. Title.
This chapter, including the zoning district maps made a part
hereof, by reference, may be known and cited as the Zoning Regulations.
"Section 36-101. Intent and purpose.
These Zoning Regulations, adopted pursuant to the provisions of
the Kansas Statutes Annotated, Sections 12-707 through 12-721, are
intended to serve the following purposes:
A. to protect and promote the public health, safety,
convenience, comfort and general welfare of the city;
B. to regulate and restrict the location and use of
buildings and the uses of land within each district or
zone and to regulate and restrict the height, number of
stories and size of buildings, the percentage of lots
that may be occupied by buildings and other structures,
the size of yards, courts, and other open spaces, and
the density of population;
C. to guide the future growth and development of the city
in accordance with the Comprehensive Plan adopted by
the Planning Commission;
D. to protect and conserve the value of land throughout
the city and the value of buildings appropriate to the
various districts established by these Regulations;
E.
to provide adequate light, air and privacy, to secure
safety from fire, flood and other danger, and to prevent
overcrowding and undue congestion of land and population;
F.
to bring about the gradual conformity of the uses of
land and buildings throughout the city through the
comprehensive zoning plan set forth in this chapter,
and to minimize the conflicts among the uses of land
and buildings;
G.
to promote the most beneficial relation between the
uses of land and buildings and the circulation of
traffic throughout the city;
H.
to provide a guide for public policy and action in the
efficient provision of public facilities and services
and for private enterprise in building development,
investment and other economic activity relating to
uses of land and buildings throughout the city; and
I. to prevent pollution, encourage the wise use and sound
management of natural resources, promote aesthetic
values and preserve the historical character of the
city.
"Section 36-102. Scope of controls.
Sec. 36-102(1). TerritoriaZ AppZication. This chapter shall
apply to all structures and land in the City of Salina, but the
Planning Commission may waive all requirements of this chapter for
the following uses when appropriate:
A. Poles, wires, cables, conduits, vaults, laterals,
pipes, mains, valves or other similar equipment for
the distribution to consumers of telephones or other
communications, electricity, gas or water, or the
collection of sewage or surface water operated or
maintained by public utility, but not including
substations located on or above the surface of the
ground.
B. Railroad tracks, signals, bridges and similar facilities
on a railroad right-of-way, and maintenance and repair
work on such facilities and equipment. This provision
shall not include any facilities and equipment listed
as a permitted use in the I-3, Heavy Industrial District.
C. Agricultural structures or land used for agriculture.
In the event that any structure or land ceases to be
used only for agriculture, then such structure or land
shall be subject to all applicable regulations.
Sec. 36-102(2). Existing Permits. This chapter is not intended
to abrogate or annul any building permit, zoning certificate, variance,
conditional use permit or certificate of occupancy lawfully issued
before the effective date of this chapter, except as follows: if this
chapter makes the proposed use under such permit, variance or certificate
non -conforming as to use or bulk, and there has been no substantial
change of position, expenditure, construction or operation, or incurrence
of substantial obligations by the permit, certificate or variance
holder in reliance on such permit, certificate or variance within 120
days after the effective date of this chapter, the building permit,
zoning certificate, conditional use permit, or variance will be invalid.
If substantial construction or substantial operations have taken place
and are continuing at the time, the proposed use may be completed.
Sec. 36-102(3). Certificate of Occupancy. When a structure is
completed under a permit or certificate to which Section 36-102 applies,
a certificate of occupancy shall be issued in accordance with the
zoning regulations in effect at the time the building permit or zoning
certificate was issued.
Sec. 36-102(4). New Construction, Reconstruction or Change in
Use. All new construction or alteration of a building or structure,
every change in bulk, all new uses of buildings or land, and every
change, enlargement or relocation of use, shall conform to this chapter.
Existing non -conforming uses and bulk may continue, subject to the
provisions of Article XI.
Sec. 36-102(5). Annexed Land. All land which may hereafter be
annexed to the City of Salina shall, from and after the effective date
of such annexation, be considered to be subject to the zoning regulation
of the RS District unless zoned otherwise at the time of annexation or
until such time as the land may legally be rezoned.
Sec. 36-102(6). Subdividing Required Prior to Zoning. Land
shall be subdivided in accordance with the Subdivision Regulations of
the City of Salina prior to rezoning any area to any district other
than the A-1 District. The zoning request shall be tentatively approved
subject to proper subdividing for a period not to exceed one (1) year.
The Planning Commission may grant one extension not exceeding six (6)
months, upon written application. In the event that proper subdividing
is not completed within the specified time, the Planning Commission
shall recommend appropriate action to the Governing Body.
"Sections 36-103 - 36-199. Reserved.
ARTICLE II.
AMENDMENTS
"Section 36-200. Authority.
For the purpose of promoting the public health, safety and welfare,
conserving the value of property throughout the city, and lessening or
avoiding congestion in the public streets, the Governing Body may,
from time to time, in the manner hereinafter set forth, amend this
chapter, the district boundary lines and the zoning map, provided that
in all amendatory ordinances adopted under the authority of this
chapter, due allowance shall be made for existing conditions, the
conservation of property values, and the uses to which property is
devoted at the time of adoption of such amendatory ordinance.
"Section 36-201. Initiation of Amendments.
Proposals for amendment may be initiated by the Governing Body,
the Planning Commission, or upon application of the owner of the
property affected pursuant to the procedure set forth in Section 36-
202.
"Section
36-202. Form of
application for amendment.
Sec.
36-202(1). When
the Governing Body, or the Planning Commissi
proposes
an amendment, it
shall transmit its proposal, including the
information
prescribed in
Section 36-202(2) B and C below, to the
Planning
Commission for a
public hearing and a report thereon.
Sec. 36-202(2). When the owner of the property affected proposes
an amendment to these Regulations or to any zoning district created
thereby, an application for such amendment, addressed to the Governing
Body, shall be filed in duplicate with the Planning Commission. The
application shall be in such form and contain such information as
shall be prescribed from time to time by the Planning Commission, but
shall in all instances contain the following information:
(5) An ownership list certified by a registered
abstracter of the owners of all property located
within 200 feet of the boundaries of the property
to be affected by the proposed amendment.
D. Such application shall be accompanied by a fee
pursuant to the City Fee Schedule, which may be
changed from time to time.
"Section 36-203. Public hearing.
The Planning Commission shall hold a public hearing on each
proposed amendment at a reasonable time and place as established by
the Planning Commission. It shall hold such hearing within forty-five
(45) days from the date on which the proposed amendment is referred
to, filed with, or initiated by the Planning Commission. An applicant
for an amendment may waive the requirement that such hearing be held
within forty-five (45) days.
Sec. 36-203(2). Notice of Hearing. The Planning Commission
shall hold at least one public hearing on the proposed amendment,
twenty (20) days notice of the time and place of which shall be
published in the official city newspaper stating the date, time and
place of the hearing and containing a statement regarding the proposed
amendment. If the proposed amendment would change the zoning
classification of any property, or the boundaries of any zoning
district, such notice shall contain the legal description and street
address or general street location of such property, its present
zoning classification, and the proposed classification. In such
case, the Planning Commission shall mail a written notice of the
public hearing thereon, containing the same information as the
published notice thereof, to the owner or owners of the property
affected, and to the owners of all property within 200 feet of the
boundaries thereof, at least 20 days prior to the date of the hearing.
The Planning Commission may give such additional notice to other
persons as it may, from time to time, provide by its rules.
A. The
applicant's name and address;
B. The
precise wording of any proposed amendment to the
text
of this chapter;
C. If
affecting a change in the zoning map:
(1)
The legal description and street address of the
property proposed to be reclassified;
(2)
The name and address of the owner or owners of
said property;
(3)
The present zoning classification and existing
uses of the property proposed to be reclassified;
(4)
The area of the property proposed to be
reclassified; and
(5) An ownership list certified by a registered
abstracter of the owners of all property located
within 200 feet of the boundaries of the property
to be affected by the proposed amendment.
D. Such application shall be accompanied by a fee
pursuant to the City Fee Schedule, which may be
changed from time to time.
"Section 36-203. Public hearing.
The Planning Commission shall hold a public hearing on each
proposed amendment at a reasonable time and place as established by
the Planning Commission. It shall hold such hearing within forty-five
(45) days from the date on which the proposed amendment is referred
to, filed with, or initiated by the Planning Commission. An applicant
for an amendment may waive the requirement that such hearing be held
within forty-five (45) days.
Sec. 36-203(2). Notice of Hearing. The Planning Commission
shall hold at least one public hearing on the proposed amendment,
twenty (20) days notice of the time and place of which shall be
published in the official city newspaper stating the date, time and
place of the hearing and containing a statement regarding the proposed
amendment. If the proposed amendment would change the zoning
classification of any property, or the boundaries of any zoning
district, such notice shall contain the legal description and street
address or general street location of such property, its present
zoning classification, and the proposed classification. In such
case, the Planning Commission shall mail a written notice of the
public hearing thereon, containing the same information as the
published notice thereof, to the owner or owners of the property
affected, and to the owners of all property within 200 feet of the
boundaries thereof, at least 20 days prior to the date of the hearing.
The Planning Commission may give such additional notice to other
persons as it may, from time to time, provide by its rules.
Sec. 36-203(2). Conduct of Hearing. The hearing shall be
conducted and a record of the proceedings shall be preserved in such
a manner and according to such procedures as the Planning Commission
may, from time to time, prescribe by rule. Any interested person or
party may appear and be heard at the hearing in person, by agent or by
attorney. The Planning Commission may request a report on any proposed
amendment from any governmental official or agency, or any other
person, firm or corporation. If such a report is made, a copy thereof
shall be made available to the applicant and any other interested
person in the offices of the Planning Commission.
"Section 36-204. Findings of fact and recommendation of
Planninq Commission.
Within forty (40) days after the close of a public hearing on a
proposed amendment, the Planning Commission shall submit a report to
the Governing Body. A copy of the report shall be filed with the City
Clerk and with the Office of the Zoning Administrator and such copies
shall be kept available for public inspection. A copy of the report
shall also be mailed to the owner of the specific property affected by
the proposed amendment. Such report shall contain findings based upon
the evidence presented and a recommendation as to whether the proposed
amendment should be adopted. The report submitted to the Governing
Body shall be accompanied by a copy of the record of the hearing on
the proposed amendment.
Sec. 36-204(1). Amendments to Text. When a proposed amendment
would result in a change in the text of this chapter but would not
result in a change of zoning classification of any specific property,
the report of the Planning Commission shall contain a statement as to
the nature and effect of such proposed amendment and findings as to
the following:
A. Whether such change is consistent with the interest and
purpose of this chapter;
B. The areas which are most likely to be directly affected
by such change and in what way they will be affected;
and
C. Whether the proposed amendment is made necessary
because of changed or changing conditions in the areas
and zoning districts affected, and, if so, the nature
of such changed or changing conditions.
Sec. 36-204(2). Amendments to Change Zoning Districts. When a
proposed amendment would result in a change of the zoning classificatio
of any specific property, the report of the Planning Commission shall
contain statements as to the present classification, the classification
under the proposed amendment, and the reason for seeking such
reclassification, and findings as to the following:
A. Whether the change in classification would be consistent
with the intent and purpose of this chapter;
B. Whether every use that would be permitted on the
property if it were reclassified would be compatible
with the uses permitted on other property in the
immediate vicinity;
C. Whether adequate sewer and water facilities, and all
other needed public services, exist or can be provided
to serve the uses that would be permitted on the
property if it were reclassified;
D. Whether the proposed amendment would correct an error
in the application of this chapter; and
E. Whether the proposed amendment is made necessary
because of changed or changing conditions in the area
affected, and, if so, the nature of such changed or
changing conditions.
"Section 36-205. Action by Governing Body.
Sec. 36-205(1). Adoption of Amendments. The Governing Body
shall not act upon a proposed amendment to this chapter until it shall
have received a written report and recommendation from the Plannin4
Commission. If a proposed amendment is not acted upon finally by the
Governing Body within 120 days of the date upon which the Planning
Commission report is received, such proposed amendment shall be deemed
to have been denied, unless the applicant for such amendment shall
have consented to an extension of such period of time. Whenever a
proposed amendment has been denied, such amendment shall not thereafter
be passed without a further public hearing and notice thereof as
provided in Section 36-203.
Sec. 36-205(2). Protest. If a written protest against a
proposed amendment shall be filed in the Office of the City Clerk
within 14 days after the date of the conclusion of the hearing on the
proposed amendment pursuant to the published notice, which protest is
duly signed and acknowledged by the owners of twenty percent (20%) or
more of any property proposed to be rezoned, or by the owners of
twenty percent (20%) or more of the total area, excepting public
streets and ways, located within or without the corporate limits of
the city and within 200 feet of the boundaries of the property proposed
to be rezoned, then such amendment shall not be passed except by at
least three-fourths (3/4) vote of all the members of the Governing
Body.
"Sections 36-206 - 36-299. Reserved.
ARTICLE III.
DISTRICTS, MAPS AND BOUNDARIES
"Section 36-300. Establishment of districts.
The City of Salina is hereby divided into the following districts,
the respective symbol for each type of district being set forth opposit
its title:
From time to time, Planned Development Districts (PDD) and Flood Plain
Districts (FP) may be established pursuant to Articles VII and VIII,
respectively of this chapter. Each such district may be designated on
the Zoning Map and in the text of this chapter by symbol only.
SYMBOL
TITLE
A-1
Agricultural District
RS
Single -Family Residential Suburban District
R
Single -Family Residential District
R-1
Single -Family Residential District
R-2
Multiple -Family Residential District
R-3
Multiple -Family Residential District
MH
Mobile Home Park District
U
University District
C-1
Restricted Business District
C-2
Neighborhood Shopping District
C-3
Shopping Center District
C-4
Central Business District
C-5
Service Commercial District
C-6
Heavy Commercial District
I-1
Industrial Park District
I-2
Light Industrial District
I-3
Heavy Industrial District
From time to time, Planned Development Districts (PDD) and Flood Plain
Districts (FP) may be established pursuant to Articles VII and VIII,
respectively of this chapter. Each such district may be designated on
the Zoning Map and in the text of this chapter by symbol only.
A. District boundaries are the center lines of streets,
alleys or other rights-of-way, unless otherwise
indicated.
B. Where district boundaries do not coincide with streets,
alleys or other rights-of-way, but do coincide with lot
lines, such lot lines shall be construed to be the
boundary of such district.
C. Where district boundaries do not coincide with streets,
alleys, other rights-of-way or lot lines, the district
boundaries shall be determined by use of the scale
shown on the Zoning Map.
D. When a lot held in one ownership on the effective date
of this chapter is divided by a district boundary line,
the entire lot shall be construed to be within the less
restrictive district unless the application of this
construction would increase the area of the less
restrictive portion of the lot by more than 25 percent.
E. All streets, alleys, public ways, waterways and railroad
rights-of-way, if not otherwise specifically designated,
shall be deemed to be in the same zone as the property
immediately abutting them. Where the centerline of a
street, alley, public way, waterway or railroad right-
of-way serves as a district boundary, the zoning of
such areas, unless otherwise specifically designated,
shall be deemed to be the same as that of the abutting
property up to such centerline.
"Sections 36-303 - 36-399. Reserved.
ARTICLE IV.
GENERAL USE REGULATIONS
"Section 36-400. Permitted uses.
No structure shall hereafter be built, moved or remodeled and no
structure or land shall hereafter be used, occupied or designed for
use or occupancy except for a use that is permitted within the zoning
district in which the structure or land is located.
"Section 36-301. Zoning map.
The areas and boundaries of such districts are hereby established
on the Zoning Maps of the City of Salina, a copy of which is on file
in the Office of the Zoning Administrator. Such maps, referred to
herein as the "Zoning Map", together with everything shown thereon, is
hereby made a part of this chapter.
Sec. 36-301(1). Area covered. It is the intent of this chapter
that the entire area of the city, including all land and water
areas,
streets, alleys, railroads and other rights-of-way be included in the
districts established herein. Any area not shown on the Zoning Map as
being included in any district shall be deemed to be in the R-1 Single
Family Residential District.
"Section 36-302. District boundaries on Zoning Map.
In the event that uncertainties exist with respect to the intended
boundaries of the various districts as shown on the Zoning Map, the
following rules shall apply:
A. District boundaries are the center lines of streets,
alleys or other rights-of-way, unless otherwise
indicated.
B. Where district boundaries do not coincide with streets,
alleys or other rights-of-way, but do coincide with lot
lines, such lot lines shall be construed to be the
boundary of such district.
C. Where district boundaries do not coincide with streets,
alleys, other rights-of-way or lot lines, the district
boundaries shall be determined by use of the scale
shown on the Zoning Map.
D. When a lot held in one ownership on the effective date
of this chapter is divided by a district boundary line,
the entire lot shall be construed to be within the less
restrictive district unless the application of this
construction would increase the area of the less
restrictive portion of the lot by more than 25 percent.
E. All streets, alleys, public ways, waterways and railroad
rights-of-way, if not otherwise specifically designated,
shall be deemed to be in the same zone as the property
immediately abutting them. Where the centerline of a
street, alley, public way, waterway or railroad right-
of-way serves as a district boundary, the zoning of
such areas, unless otherwise specifically designated,
shall be deemed to be the same as that of the abutting
property up to such centerline.
"Sections 36-303 - 36-399. Reserved.
ARTICLE IV.
GENERAL USE REGULATIONS
"Section 36-400. Permitted uses.
No structure shall hereafter be built, moved or remodeled and no
structure or land shall hereafter be used, occupied or designed for
use or occupancy except for a use that is permitted within the zoning
district in which the structure or land is located.
"Section 36-401. Conditional uses.
No use of a structure or land that is designated as a conditional
use in any zoning district shall hereafter be established, and no
existing conditional use shall hereafter be changed to another
conditional use in such district unless a conditional use permit is
secured in accordance with the provisions of Section 36-1201(2) of
this chapter.
"Section 36-402. Accessory uses.
No accessory use, building or structure shall be located in any
required front, side or rear yard, except as provided in Sections
36-402(1), 36-402(2), and 36-402(3) and that the following permitted
accessory uses will be allowed in any zoning district in connection
with any principal use which is permitted:
Sec. 36-402(1). Permitted accessory uses include, but are not
limited to the following:
A. A structure for storage incidental to a permitted use,
provided no such structure that is accessory to a
residential building shall exceed 120 square feet in
gross floor area, the use shall be in keeping with the
principal structure, and provided that no part of such
structure is located in the front yard setback;
B. A child's playhouse, provided it shall not be more than
120 square feet in gross floor area;
C. A detached garage, provided that no part of such
structure is located in the front yard setback;
D. A private swimming pool and bathhouse, provided that no
part of such structure or use is located in the front
yard setback;
E. In the RS District only, a guest house (without kitchen
facilities) or rooms for guests in an accessory building,
provided such facilities are used for the occasional
housing of guests of the occupants of the principal
building, and not as rental units, for permanent
occupancy as housekeeping units and provided that no
part of such structure is located in the front yard
setback;
F. Statuary, arbors, trellises, barbecue stoves, flagpoles,
fences, walls and hedges;
G. Fallout shelters, provided that they shall not be used
for any principal or accessory use not permitted in the
zoning district and provided that no part of such
structure is located in the front yard setback;
H. Signs, when permitted by Article IX of this chapter and
by the individual district regulations;
I. Off-street parking and loading spaces, as permitted by
Article X of this chapter;
J. Restaurants, drug stores, gift shops, clubs, lounges and
newsstands, when located in a permitted hotel, motel or
office building;
K. Employee restaurants and cafeterias, when located in a
permitted business, manufacturing or industrial building;
and
L. Outdoor storage or overnight parking, in a residential
district, of boats, boat trailers, or recreational
vehicles, provided such storage does not constitute a
traffic or safety hazard, and buses when associated
with a church or school and parked no closer than 50
feet from any adjacent residential district.
Sec. 36-402(2). BuZk Regulations. Accessory structures and uses
1 11 shall comply with the bulk regulations applicable in the zoning district
in which they are located, and
A. Shall be set back at least five feet from the rear lot
line when no alley exists and 10 feet when an alley
exists;
B. Shall maintain a three-foot side yard, except that no
part of any accessory building shall be located closer
than 10 feet to any principal structure, either on the
same lot or an adjacent lot, unless it is attached to,
or forms a part of, such principal structure;
C. Shall, on corner lots, be set back from the side street
a distance not less than that required for the principal
structure; and
D. Fences shall comply with Sections 9-352 and 9-354 of
the Salina Code.
Sec. 36-402(3). Use Limitations. Accessory structures and
uses shall comply with the use regulations applicable in the zoning
district in which they are located, but no accessory structure shall
be constructed and occupied on any lot prior to the time of the
completion of the construction of the principal structure to which it
is accessory.
"Section 36-403. Temporary uses.
The following temporary uses of land are permitted subject to the
specific regulations and time limits which follow, and to the other
applicable regulations of the district in which the use is permitted:
A. Christmas tree sales in any commercial or industrial
district for a period not to exceed 45 days; display of
such trees need not comply with the yard and setback
requirements of these Regulations provided that no tree
shall be displayed within 30 feet of the intersection
of the curb line of any two streets;
B. Contractors office and equipment sheds (containing no
sleeping or cooking accommodations) accessory to a
construction project, and to continue only during the
duration of such project;
C. Real estate offices (containing no sleeping or cooking
accommodations) incidental to a new housing development
to continue only until the sale or lease of all dwelling
units in the development;
D. Seasonal sale of farm produce (including Christmas
trees) grown on the premises in an A-1 or RS district,
to continue for not more than four months per year;
structures incidental to such sale need not comply with
the applicable front yard requirements if the structures
are removed or moved back of required front yard setback
line at the end of the season during which they are
used; and
E. Promotional activities of retail merchants involving the
display only of goods and merchandise that are for sale
within the principal structure, conducted outside of
such structure for a period of not more than two
consecutive weeks in any three-month period provided
that:
(1) No portion of the display shall be on publicly
owned property unless the applicant shall first
have obtained approval for such use from the city;
(2) No required off-street parking or loading area will
be utilized for such display, storage or dispensing;
(3) No food or drink shall be displayed outside the
building except in accordance with standards and
prior written approval of the Salina -Saline County
Health Department; and
(4) These provisions shall in no way be deemed to
authorize the outdoor display of automobiles,
trailers and equipment rental or the sale of used
furniture, appliances, plumbing, housewares,
building materials or similar display or sale in
any business district except as otherwise permitted
by this chapter.
"Section 36-404. Home occupations.
A profession or other occupation not otherwise permitted in the
district where located, which is conducted as an accessory use on a
residential lot by one or more members of the family residing on the
premises, may be permitted if it conforms to the following restrictions:
Sec. 36-404M. In the districts where permitted.
A. No stock in trade (except articles produced by members
of the immediate family residing on the premises) shall
be displayed or sold on the premises;
B. No alteration of the principal residential building
shall be made which changes the character thereof as a
dwelling;
C. No more than 25 percent of the area of one story of a
single-family dwelling, nor more than 20 percent of the
area of any other dwelling unit, shall be devoted to
the home occupation, provided, however, that rooms let
to roomers are not subject to this limitation;
D. No mechanical or electrical equipment other than normal
domestic or household equipment shall be used;
E. No outdoor storage of equipment or materials used in the
home occupation shall be permitted;
F. No person other than a member of the immediate family
occupying such dwelling unit shall be employed;
G. The home occupation shall be conducted entirely within
the principal residential building;
H. No exterior sign or display shall be permitted, except
one non -illuminated wall sign, not over two square feet
in sign area.
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; and
I. Barber and beauty shops provided that only one operator
shall be permitted
Sec. 36-404(3). Prohibited Home Occupations. Home occupations
shall not be deemed to include:
A. Automobile repair service;
B. Funeral homes;
C. Nursery schools and group day care centers, unless
specifically permitted by the district regulations;
D. Restaurants;
E. Stables, kennels or animal hospitals;
F. Tourist homes, unless specifically permitted by district
regulations;
G. Renting of trailers, cars or other equipment;
and
H. Medical or dental clinics or hospitals.
"Section
36-405. Number of structures and uses on the zoning
lot
and access to the lot.
Sec.
36-405(1). Not more than one principal residential
structure
shall be
located on a single zoning lot, unless permitted by
the
district
regulations in which located, nor shall a principal
residential
building
be located on the same zoning lot with any other principal
building,
except as may be permitted by Article VII of this chapter
relating
to Planned Development Districts.
Sec. 36-405(2). In agricultural, commercial or industrial
districts, any number of structures (except residential structures)
and uses may be constructed or established on a single zoning lot,
but no single zoning lot shall be smaller than the minimum lot area
prescribed for the district in which it is located.
Sec. 36-405(3). No land which is located in a residential
district shall be used for a driveway, walkway or access purpose to
any land which is located in any commercial or industrial district.
"Section 36-406. Sewer and water facilities.
The Salina -Saline County Health Department shall approve all
proposed sewer and water systems other than those defined as public.
"Sections 36-407 - 36-499. Reserved.
ARTICLE V.
GENERAL BULK REGULATIONS
"Section 36-500. Bulk requirements.
In this chapter, bulk requirements are expressed in terms of
maximum structure height, maximum lot coverage, minimum setbacks and
minimum front, side and rear yards. No structure, or part thereof,
shall hereafter be built, or moved or remodeled, and no structure or
land shall hereafter be used, occupied, arranged or designed for use
of occupancy:
A. So as to exceed the maximum lot coverage percentage,
or the maximum of structure height specified for the
zoning district in which the structure is located;
B. So as to provide any setback or front, side or rear
yard that is less than that specified for the zoning
district in which such structure or use of land is
located or maintained;
C. Which is smaller in area than the minimum area, or
minimum lot area per dwelling unit, required in the
zoning district in which the structure or land is
located;
D. Which is narrower than the minimum lot width required
in the zoning district in which the structure or land
is located; or
E. Which is shallower than the minimum lot depth required
in the zoning district in which the structure or land
is located.
No existing structure shall hereafter be remodeled so as to
conflict or further conflict with the lot area per dwelling unit
requirements for the zoning district.
"Section 36-501. Yard requirements for open land.
If a zoning lot is, or will be, occupied by a permitted use
without structures, then the minimum setback and minimum side and
rear yards that would otherwise be required for said zoning lots
shall be provided and maintained unless some other provision of this
chapter requires or permits a different minimum setback, front, side
or rear yard. The front, side and rear yards shall not be required
on zoning lots used for garden purposes without structures, or on
zoning lots used for open public recreation areas.
"Section 36-502. Restrictions on allocation and disposition of
required yards or open space.
Sec. 36-502(1). No part of the lot area, or of a yard, or other
open space, or off-street parking or loading space provided in connectio
with any structure or use in order to comply with this chapter shall,
by reason of change of ownership or otherwise, be included as part of
the minimum lot area or of a yard, or open space, or off-street
parking or loading space required for any other structure or use,
except as specifically provided herein.
Sec. 36-502(2). All of the lot area and all yards and other
open spaces provided in connection with any structure or use in order
to comply with this chapter shall be located on the same lot as such
structure or use.
Sec. 36-502(3). No part of the lot area or of the yard, other
open space, or off-street parking or loading space provided in
connection with any structure or use (including, but not limited to,
any structure or use existing on the effective date of this chapter
or of any amendment thereof) shall be subsequently reduced below, or
further reduced if already less than, the minimum requirements of
this chapter for the equivalent new construction.
"Section 36-503. Permitted obstructions in reauired vards.
The following shall not be considered to be obstructions when
located in a required yard:
A. In all yards: Open terraces not over 36 inches above
!he average level of the adjoining ground but not
including a permanently roofed over terrace or porch;
awnings or canopies; steps 36 inches or less above
grade which are necessary for access to a permanent
structure or for access to a lot from a street or
alley; arbors and trellises; flagpoles; and signs,
when permitted by Article IX.
B. In any yard except a front yard: Accessory uses
permitted by Article IV; recreational and laundry
drying equipment; and open space and enclosed fences
not exceeding six feet in height.
If any provision in this chapter requires a fence in a
front yard, or a fence that has a minimum height in
excess of five feet, then such fence shall be a
permitted obstruction within the meaning of this
section.
C. In frontay rds: Open, unenclosed porches projecting
eight 8) feet or less.
"Section 36-504. Lot size requirements and bulk regulations for
public utility facilities.
Notwithstanding any other provision of this chapter, none of the
following public utility or public service uses shall be required to
comply with the lot size requirements and bulk regulations of the
zoning district in which they are located:
A. Electric and telephone substations and distribution
systems.
B. Gas regulator stations.
C. Poles, wire, cables, conduits, vaults, laterals,
pipes, mains, valves, or other similar equipment
for the transmission of electricity, gas or
water.
D
1
D. Pumping stations.
E. Radio, television and microwave transmitting or
relay stations and towers.
F. Transformer stations.
G. Water towers or standpipes.
N. Cable TV poles.
I. Any other similar use.
"Section 36-505. Obstructinq visibilitv at intersections.
Sec. 36-505(1). Prohibited. In all areas on public or private
property at any corner formed by intersecting streets, it shall be
unlawful to install, set out or maintain or to allow the installation,
setting out or maintenance of any sign, fence, hedge, shrubbery,
natural growth or other obstruction to view, within that triangle
formed by the curb lines (or the shoulder of the road where no gutter
exists), of the intersecting streets drawn from the apex of the
intersecting curb lines back a distance of sixty (60) feet with a
line drawn between said points to form a base, such area to be herein
referred to as a clear site zone.
Sec. 36-505(2). Exceptions. The provisions of Section 36-505(1)
above shall not apply to existing permanent buildings; public utilities
poles; hedges trimmed to a height of less than three (3) feet; trees,
which are at all times kept trimmed of limbs and sucker growth on the
trunk to a height of at least eight (8) feet or the limbs of which
overhang the public street and are at all times kept trimmed of sucker
growth to a height of at least thirteen (13) feet; plant species not
planted in the form of hedge which are so planted and trimmed as to
leave, at all times, a clear and unobstructed cross view; fences not
exceeding four (4) feet in height, provided that the ratio of the
solid portion of the fence to the open shall not exceed twenty-five
percent (25%); supporting members appurtenant to permanent buildings
existing on June 25, 1965; official warning signs or signals; to
places where the contour of the ground is such that there can be no
cross visibility or signs mounted ten (10) feet or more above the
ground whose supports do not constitute an obstruction; and,
noncommercial signs constructed parallel with the base line which, in
the opinion of the Police Department, do not obstruct the clear site
zone. All heights herein mentioned shall be measured from the gutter
grade at the apex of the clear zone triangle.
Sec. 36-505(3). Pre-existing violations not excepted. No
obstruction to cross visibility shall be determined to be an exception
from the application of this article because of its being in existence
on June 25, 1965, unless expressly exempted by the terms of this
Article.
Sec. 36-505(4). Notice of removaZ by property owner. When, in
the opinion of the Police Department, an obstruction to visibility
exists as prohibited herein, it shall be the duty of the department
to give notice, in writing, to the property owner or owners complained
against, providing that said notice shall specify in what manner a
traffic hazard has been alleged to exist. Said notice shall direct
the removal by the property owner or owners of such structures, trees
or other obstructions which constitute said traffic hazard. Said
property owner or owners shall be allowed ten (10) days in which to
comply with said order, except obstructions of a temporary nature
which shall be removed on notice.
LI
1
i
Sec. 36-505(5). Removal by city. If within ten (10) days after
the service of such notice, either by mailing or by personal delivery,
the owner or owners of the lot or parcel of land have failed, refused,
or neglected to remove such obstructions, then the city shall cause
to be removed such obstructions on the lot or pieces of land of said
owner, and the cost of such removal shall be assessed and charged
against the lot or parcel of ground on which the obstruction was
located and the City Clerk shall, at the time of certifying other
city taxes, extend the same on the tax rolls of the county against
said lot or parcel of ground and it shall be collected by the County
Treasurer and paid to the city as other taxes are collected and paid.
"Sections 36-506 - 36-599. Reserved.
ARTICLE VI.
DISTRICT REGULATIONS
"Section 36-600. A-1. Aqricultural District.
The A-1 District is designed to reflect the pattern of land uses
that are found in the rural areas of Salina.
Sec. 36-600(1). 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 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 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
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,
pipe, mains, valves or 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.
1
1
1
(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.
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 shrines.
(b) Convents, seminaries, monasteries, and nunneries.
(c) Rectories, parsonages and parish houses.
14. Riding stables, provided no structure housing horses
shall be located nearer than 750 feet to the boundary
of any residential district.
15. Well head stations, well separators and other similar
above -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 500 feet from the boundary of any residential
district. Such equipment may be in enclosed buildings
or in the open, but it must be completely enclosed
behind a chain link fence with a two inch or less
mesh, or its equivalent, not less than six feet in
height.
16. Accessory and temporary uses, and home occupations, as
permitted by Article IV.
17. Signs, as permitted by Article IX.
18. Off-street parking, as required by Article X.
Sec. 36-600(2). ConditionaZ Uses.
1. Airports.
2. Community sewage treatment plants.
3. Excavation, extraction, or mining of sand, gravel, or
other raw materials from the earth for resale. The
conditions imposed on such excavation, extraction, or
mining may include, but are not limited to, requirements
for setbacks from schools and residential districts,
screening, fencing, redevelopment, and restrictions on
the grade of the excavation and vehicular access
thereto.
4. Group care facilities.
5. Oil or gas well drilling when not permitted by
Section 36-600(1).
6. Recreational facilities such as campgrounds, youth
camps, gun clubs, and skeet and trap shooting ranges.
7. Public service and public utility uses listed in
Section 36-600(1)10, but which are, or will be located
nearer than 300 feet to the boundary of a residential
district.
8. Sanitary landfill, subject to State requirements.
9. Greenhouses and nurseries.
10. Public utility substations.
11. Power plants.
12. Campgrounds, subject to the provisions of
Section 36-606(3)2 and 3.
Sec. 36-600(3). Lot Size Requirements.
1. Minimum lot area: 4 acres
2. Minimum lot width: 200 feet.
3. Minimum lot depth: 200 feet.
Sec. 36-600(4). BuZk Regulations.
1. Maximum structure height: 45 feet.
2. Yard Requirements:
(a) Minimum front yard: 50 feet, measured from the
front lot line, or 80 feet, measured from the
center line of the street or highway, whichever
is greater.
(b) Minimum side yard on each side of a zoning lot:
Single-family dwellings: 10 feet. All other
permitted and conditional uses: 25 feet.
(c) Minimum rear yard: 25 feet.
"Section 36-601. RS. Single -Family Residential Suburban District.
The RS District is designed for single-family dwellings, and
compatible uses, at a density not less than one acre per dwelling
unit.
Sec. 36-601(1). Permitted Uses.
Sec. 36-601(2). ConditionaZ Uses.
1. Agriculture as defined in this chapter.
Swimming clubs, tennis clubs and clubhouses accessory
2. Single-family detached dwellings.
3. Family care facilities.
4. Golf courses, not including accessory clubhouses,
Public utility uses, as follows, provided that the
golf driving ranges, pitch and putt or miniature golf
courses.
5. Churches, chapels, temples, synagogues, cathedrals
and provided further, that a landscape plan or screening
and shrines.
6. Schools: primary, intermediate and secondary.
7. Parks and playgrounds.
Commission:
8. Accessory and temporary uses and home occupations,
as permitted by Article IV.
9. Signs, as permitted by Article IX.
(b) Gas regulator stations.
10. Off-street parking and loading, as required by
Article X.
Sec. 36-601(2). ConditionaZ Uses.
Sec. 36-601(3). Lot Size Requirements.
1. Minimum lot area: One acre.
2. Minimum lot width: 100 feet.
3. Minimum lot depth: 150 feet.
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.
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.
Sec. 36-601(3). Lot Size Requirements.
1. Minimum lot area: One acre.
2. Minimum lot width: 100 feet.
3. Minimum lot depth: 150 feet.
1
D
1
Sec. 36-601(4). BuZk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
(a) Minimum front yard measured from center line of
street: 80 feet or measured from front lot line:
50 feet, whichever is greater.
(b) Minimum side yard on each side of a zoning lot:
(1) Single-family dwellings: 10 feet.
(2) All other permitted and conditional uses:
25 feet.
(c) Minimum rear yard: 30 feet.
3. Maximum lot coverage: 30 percent.
"Section 36-602. R. Sinqle-Familv Residential District.
The R District is designed to provide a single-family dwelling
zone at a density of not less than 8,500 square feet per dwelling
unit.
Sec. 36-602(1). Permitted Uses.
1. Agriculture, as defined in this chapter.
2. Single-family detached dwellings.
3. Family care facilities.
4. Golf courses, but not including accessory clubhouses,
or golf driving ranges, pitch and putt or miniature
golf courses.
5. Churches, chapels, temples, synagogues, cathedrals and
shrines.
6. Parks and playgrounds.
7. Schools: primary, intermediate and secondary.
8. Accessory and temporary uses and home occupations, as
permitted by Article IV.
9. Signs, as permitted by Article IX.
10. Off-street parking and loading, as required by
Article X.
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.
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.
Sec. 36-602(3). Lot Size Requirements.
1. Minimum lot area:
(a) Single-family detached dwellings: 8,500 square
feet.
(b) All other permitted and conditional uses:
15,000 square feet.
2. Minimum lot width:
(a) Single-family detached dwellings: 70 feet.
(b) All other permitted and conditional uses:
100 feet.
3. Minimum lot depth: 100 feet.
1
1
Sec. 36-602(4). BuZk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
(a) Front Yard: 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:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whichever
is greater.
(2) Collector street: 25 feet from the property.
line or 65 feet from the center line, whichever
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whichever
is greater.
(b) Minimum side yards:
(1) Residential buildings: 7.5 feet on each side
of the zoning lot.
(2) All other permitted and conditional uses:
15 feet on each side of the zoning lot,
except accessory uses which shall be permitted
and governed by Article IV.
(c) Minimum rear yard: 30 feet
3. Maximum lot coverage: 30 percent.
"Section 36-603. R-1. Single -Family Residential District.
The R-1 District is designed to provide a dwelling zone at a
density of not less than 6,000 square feet per dwelling unit.
Sec. 36-603(1). Permitted Uses.
1. Single-family detached dwellings.
2. Family care facilities.
3. Golf courses, but not including accessory clubhouses,
or golf driving ranges, pitch and putt or miniature
golf courses.
4. Churches, chapels, temples, synagogues, cathedrals and
shrines.
5. Parks and playgrounds.
6. Schools: primary, intermediate and secondary.
7. Home occupations.
8. Accessory and temporary uses, as permitted by
Article IV.
9. Signs, as permitted by Article IX.
10. Off-street parking and loading, as required by
Article X.
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.
1
L7
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.
Sec. 36-603(3). Lot Size Requirements.
1. Minimum lot area:
(a) Single-family detached dwellings: 6,000 square
feet.
(b) All other permitted and conditional uses:
15,000 square feet.
2. Minimum lot width:
(a) Single-family detached dwellings: 60 feet.
(b) All other permitted and conditional uses: 100
feet.
3. Minimum lot depth: 80 feet.
Sec. 36-603(4). BuZk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
(a) Front yard: 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:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(b) Minimum side yard:
(1) Residential buildings: 7.5 feet on each
side of the zoning lot.
(2) All other permitted and conditional uses:
25 feet on each side of the zoning lot,
except accessory uses which shall be permitted
and governed by Article IV.
(c) Minimum rear yard: 25 percent of the depth of the
lot but need not exceed 30 feet.
3. Maximum lot coverage: 30 percent.
"Section 36-604. R-2. Multiple -Family Residential District.
The R-2 District is designed to provide for multiple -family
development at a minimum of 3,000 square feet per dwelling unit with
the provision that no single lot may be less than 6,000 square feet in
area.
Sec. 36-604(1). Permitted Uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multi -family dwellings.
4. Rooming and boarding houses.
5. Family care facilities.
6. Churches, chapels, temples, synagogues, cathedrals and
shrines.
7. Parks and playgrounds.
8. Schools: primary, intermediate and secondary.
9. Home occupations.
IJ
10. Accessory and temporary uses, as permitted by
Article IV.
11. Signs, as permitted by Article IX.
12. Off-street parking and loading, as required by
Article X.
13. Golf courses but not including accessory clubhouses or
commercial golf driving ranges, pitch and putt or
miniature golf courses.
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.
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 advertisi
or display visible from the exterior of the structure.
Sec. 36-604(3). Lot Size Requirements.
1. Minimum lot area:
(a) Single-family detached dwellings: 6,000 square
feet.
(b) Single-family attached or two-family dwellings
not less than 3,750 square feet per family.
(c) Multi -family: 3,000 square feet per family but
not less than 6,000 square feet.
(d) Other permitted and conditional uses: 15,000
square feet.
2. Minimum lot width:
(a) Single-family dwelling: 50 feet.
(b) Two-family dwelling: 50 feet.
(c) Multiple -family dwellings and other permitted and
conditional uses: 60 feet.
3. Minimum lot depth: 100 feet.
Sec. 36-604(4). BuZk Regulations.
1. Maximum structure height: 50 feet except as provided
in Section 36-604(4)2(b)(3), below.
2. Yard requirements:
(a) Front yard: 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:
The R-3 District is designed to provide for multiple -family
development at a minimum of 1,000 square feet per dwelling unit with
the provision that no single lot may be less than 6,000 square feet
in area.
Sec. 36-605(1). Permitted Uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multi -family dwellings.
4. Rooming and boarding houses.
5. Churches, chapels, temples, synagogues, cathedrals,
and shrines.
6. Family care facilities.
7. Group care facilities.
8. Parks and playgrounds.
9. Schools: primary, intermediate and secondary.
10. Home occupations.
11. Accessory and temporary uses, as permitted by
Article IV.
12. Signs, as permitted by Article IX.
13. Off-street parking and loading, as required by
Article X.
14. Golf courses but not including accessory clubhouses or
commercial golf driving ranges, pitch and putt or
miniature golf courses.
Sec. 36-605(2). ConditionaZ Uses.
I. 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.
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whichever
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whichever
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whichever
is greater.
(b) Minimum side yard:
(1) Residential buildings: 7.5 feet on each
side of the zoning lot, except that residential
buildings which have the entrances to two or
more units facing the side yard shall have a
minimum side yard of 10 feet on the side of
the building on which such entrances are
located.
(2) All other permitted and conditional uses
shall have a side yard on each side of 20
feet, except accessory uses which shall be
permitted and governed by Article IV.
(3) There shall be an additional side yard
setback of one (1) foot for each two (2)
feet of height over 40 feet.
(c) Minimum rear yard: 25 feet.
3. Maximum lot coverage: 40 percent.
"Section 36-605. R-3. Multiple -Family Residential District.
The R-3 District is designed to provide for multiple -family
development at a minimum of 1,000 square feet per dwelling unit with
the provision that no single lot may be less than 6,000 square feet
in area.
Sec. 36-605(1). Permitted Uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multi -family dwellings.
4. Rooming and boarding houses.
5. Churches, chapels, temples, synagogues, cathedrals,
and shrines.
6. Family care facilities.
7. Group care facilities.
8. Parks and playgrounds.
9. Schools: primary, intermediate and secondary.
10. Home occupations.
11. Accessory and temporary uses, as permitted by
Article IV.
12. Signs, as permitted by Article IX.
13. Off-street parking and loading, as required by
Article X.
14. Golf courses but not including accessory clubhouses or
commercial golf driving ranges, pitch and putt or
miniature golf courses.
Sec. 36-605(2). ConditionaZ Uses.
I. 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.
1
C7
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.
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: 500 square feet per dwelling
unit.
(b) Bulk regulations:
(1) Maximum structure height: 150 feet except
as provided in Section 36-605(2)9(b)(2),
below.
(2) Minimum yard requirements;
Front yard: 30 feet on all sides abutting a
street.
Side yard: 15 feet except there shall be an
additional side yard setback of
one (1) foot for each two (2)
feet of height over 50 feet.
Rear yard: 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 advertisi
or display visible from the exterior of the structure.
Sec. 36-605(3). Lot Size Requirements.
1. Minimum lot area:
(a) Single-family detached dwellings: 6,000 square
feet.
(b) Single-family attached or two-family dwellings
not less than 3,750 square feet per family.
(c) Multi -family: 1,000 square feet per family but
not less than 6,000 square feet.
(d) Other permitted and conditional uses: 15,000
square feet.
2. Minimum lot width:
(a) Single-family dwelling: 50 feet.
(b) Two-family dwelling: 50 feet.
(c) Multiple -family dwellings and other permitted and
conditional uses: 60 feet.
3. Minimum lot depth: 100 feet.
Sec. 36-605(4). BuZk Regulations.
1. Maximum structure height: 75 feet except as provided
in Section 36-605(4)2(b)(3), below.
2. Yard requirements:
(a) Front yard: 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:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
u
1
(b) Minimum side yard:
(1) Residential buildings: 7.5 feet on each
side of the zoning lot, except that residential
buildings which have the entrances to two or
more units facing the side yard shall have a
mimimum side yard of 10 feet on the side of
the building on which such entrances are
located.
(2) All other permitted and conditional uses
shall have a side yard on each side of 20
feet, except accessory uses which shall be
permitted and governed by Article IV.
(3) There shall be an additional side yard
setback of one (1) foot for each two (2)
feet of height over 40 feet.
(c) Minimum rear yard: 25 feet.
3. Maximum lot coverage: 40 percent.
"Section 36-606. MH. Mobile Home Park District.
The MH District is designed to provide a district in which the
density of development will remain relatively low. Individual mobile
homes will not be allowed on individual zoning lots. No mobile home
park shall be permitted, except when served by an approved sanitary
sewer and water supply system.
Sec. 36-606(1). Permitted Uses.
I. Mobile home parks.
2. Customary accessory uses, such as laundry facilities,
manager's office, clubhouse, community buildings, etc.
3. Churches, chapels, temples, synagogues, cathedrals and
shrines.
4. Parks and playgrounds.
5. Schools: primary, intermediate, and secondary.
See. 36-606(2). ConditionaZ Uses.
Campgrounds, subject to the regulations specified in
Section 36-606(3)2 and 3 below.
Sec. 36-606(3). Use Regulations.
The applicant for a mobile home park shall prepare, or
cause to be prepared, a Mobile Home Park Plan, which
shall accompany the application for amendment to the
MH District. Said plan shall be drawn to scale of not
less than 1" = 100', and two (2) copies of the plan
shall accompany the application. Such plans shall
comply with the following minimum requirements:
(a) The tract to be used for a mobile home park shall
not be less than two (2) acres in area, unless it
is an extension or addition to an existing park,
and shall be permitted only when served by a
sanitary sewer and water supply system approved
in accordance with City Health Regulations.
(b) A mobile home park shall not be used for other
than residential purposes.
(c) Contours shall be indicated on the plan.
(d) The park shall be located on a well -drained site,
properly graded to insure rapid drainage and
freedom from stagnant pools of water.
(e) Mobile home parks hereafter approved shall have a
minimum area of 5,000 square feet per mobile
home, exclusive of streets and rights-of-way.
Each mobile home space shall provide a minimum
area of 4,500 square feet.
M
Each mobile home park shall devote a minimum of
500 square feet per mobile home space for recreatic
or open area. This recreational or open area may
be included in each mobile home space or may be
developed separately. Separate recreational or
open areas shall not be less than 3,500 square
feet and required setbacks, roadways, rights-of-
way, and off-street parking spaces shall not be
considered as recreational or open areas. A
minimum of 50% of the separate recreational or
open space area shall be constructed or provided
prior to the development of one-half of the
project, and all recreational facilities or open
areas shall be constructed or provided by the
time the project is 75% developed.
(g)
Each mobile home space shall be at least 40 feet
wide and 100 feet in depth, except in the case of
corner lots which shall provide a minimum width
of 45 feet.
(h)
All structures shall maintain the following
minimum setbacks:
(1) Residential or private streets: 25 feet
from the property line or 55 feet from the
center line, whichever is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(4) "MH" District boundary: 50 feet from the
boundary of any other zoning district unless:
(i) the boundary is common to a public
street, in which case the setbacks
specified in Section 36-606(3)1(h)(1),(2)
and (3), above shall apply; or unless
(ii) sight obscuring screening of not less
than six (6) feet in height is provided
along the district boundary, in which
case a setback of 25 feet is required.
(i)
All mobile homes shall be located so as to maintain
a clearance of not less than 20 feet from another
mobile home or appurtenance thereto, except when
placed end-to-end there shall be a minimum separati
of 12 feet. No mobile home shall be located
closer than 25 feet from any building within the
park, other than accessory buildings located on
the same space.
(j)
All mobile home spaces shall front upon an improved
roadway of not less than 24 feet in width, provided
however, that if parking is permitted on the
street, the minimum improved width shall be
increased to 32 feet.
(k)
All roadways shall be surfaced with asphalt,
concrete, rock, gravel, or suitable substitute
and adequately lighted.
(1)
All weather surfaced walks shall be provided
between required parking areas and the structure
each area serves.
(m)
vented storm shelters shall be provided in a
central or other convenient location at a rate of
18 square feet per mobile home space.
(n)
Structures shall not exceed 35 feet in height.
2. The applicant for a campground shall prepare or cause
to be prepared a Preliminary Campground Plan, drawn to
a scale of not less than 1" = 100', and three (3)
copies of said plan shall be submitted to the Board of
Zoning Appeals for its review and recommendations.
Such plans shall comply with the following minimum
requirements:
(a) The tract to be used as a campground shall not be
less than two (2) acres in area and shall be
permitted only when served by a sanitary sewer
and water supply system approved in accordance
with City Health Regulations.
(b) Campgrounds shall under no circumstances be
utilized for the occupancy of mobile homes.
(c) Contours shall be indicated on the plan.
(d) The campground shall be located on a well -drained
site, properly graded, where necessary, to insure
rapid drainage and freedom from stagnant pools of
water.
(e) Sight obscuring screening of not less than six
(6) feet in height shall be provided between the
campground and any other use or zoning district
other than "A-1". The suitability of said screening
shall be determined by the Board of Zoning Appeals.
(f) A minimum setback of 50 feet must be maintained
along all boundaries of the campground unless the
boundary is common to a public street.
(g) Service buildings shall be provided at the rate
of one for each 100 camping spaces. Each service
building shall:
(1) Be located in a reasonably central location
within the campground.
(2) Be of permanent construction.
(3) Have one flush -type toilet, one lavatory,
and one shower or bathtub for females; and
one flush -type toilet, one lavatory, and one
shower or bathtub for males for each 30
camping spaces. All lavatories, bathtubs,
and showers shall be connected with both hot
and cold running water.
(4) Have an accessible, adequate, safe and
potable supply of cold water.
(5) Comply with all applicable chapters of the
Building Code regarding the construction of
buildings and the installation of electrical,
plumbing, heating, and air conditioning
systems.
(6) Be maintained in a clean, sanitary condition
and kept free of any condition that will
menace the health of any occupants or the
public or will constitute a menace.
(h) Vented storm shelters shall be provided in a
central or other convenient location at the rate
of 12 square feet per designed or intended camping
space.
(i) Structures shall not exceed 35 feet in height.
3. Upon approval of the Preliminary Campground Plan by
the Board of Zoning Appeals, the applicant shall
prepare and submit three (3) copies of a Final Campground
Plan, which shall incorporate any changes or alterations
requested, to the Secretary of the Board of Zoning
Appeals. Upon determination by the Secretary that the
Final Campground Plan accurately reflects the desires
of the Board of Zoning Appeals, an approved copy shall
be forwarded, within seven (7) days to the Zoning
Administrator, who may issue the required permits upon
proper application.
1
1
7
u
Sec. 36-606(4). CompZiance. The Mobile Home Park or Campground
shall be in compliance with these regulations and all other applicable
regulations of the City or the State of Kansas.
Sec. 36-606(5). Unused MobiZe Home Park.
zoned "MH", ceases to be used for such purposes
(2) years, the Planning Commission may initiate
public hearing to rezone said property back to
zoning district.
"Section 36-607. U. University District.
Whenever a property,
for a period of two
action and hold a
a more appropriate
The U District is a zone that is designed to be used separately
as a district zone or in combination with any one or more of the
residential districts. The two principal functions of this district
are: (1) to give the university oriented functions more flexibility
than they would have if located in a residential district; (2) to
permit the establishment of the types of uses which ordinarily cluster
about a university, but which are not located on university property.
Sec. 36-607(1). Permitted Uses.
1. Art galleries, libraries, and museums.
2. Colleges, universities and theological schools, includin
their buildings owned or leased for administrative and
faculty offices, classrooms, laboratories, chapels,
auditoriums, lecture halls, libraries, student and
faculty centers, athletic facilities and dormitories.
3. Fraternities and sororities.
4. Schools: elementary, intermediate and secondary.
5. Lodging and boarding houses.
6. Fraternal and service clubs, as defined.
7. Offices, meeting rooms, laboratories and other facilitie
for educational, fraternal, professional, religious
and statistical research organizations and institutions.
8. Parking lots for passenger automobiles, accessory to
uses permitted in the University District.
Sec. 36-607(2). ConditionaZ Uses.
1. Private or public parking lots or garages operated for
profit or not for profit, provided that there shall
not be any accessory or permitted uses in conjunction
with such use, and that no parking garage shall exceed
40 feet in height, and provided further, that all
parking lots or garages shall be landscaped or screened
according to a landscape plan or screening plan which
has first been approved by the Planning Commission.
2. No other conditional uses are permitted, except such
conditional uses as could otherwise be allowed in any
residential district with which this district is
combined.
Sec. 36-607(3). Lot Size Requirements.
1. Minimum lot area:
(a) Colleges, universities and theological school
structures: No minimum requirement.
(b) Structures providing lodging rooms for unmarried
students: 375 square feet per lodging room.
(c) All other permitted and conditional uses shall
comply with the minimum lot area required in the
residential district with which the University
District is combined.
1
1
2. Minimum lot width:
(a) Colleges, universities, and theological school
structures: No minimum requirement.
(b) All other permitted and conditional uses shall
comply with the minimum lot width required in the
residential district with which the University
District is combined.
3. Minimum lot depth:
(a) Colleges, universities and theological school
structures: No minimum requirement.
(b) All other permitted and conditional uses shall
comply with the minimum lot depth required in the
residential district with which the University
District is combined.
Sec. 36-607(4). BuZk Regulations.
I. When the University District regulations are applied
in combination with the restrictions of any residential
district, then all structures shall comply with the
bulk regulations in the residential district with
which the University District is combined, except that
the rear yard may be reduced to eight feet for parking
garages.
2. There shall be an additional one (1) foot setback for
each two (2) feet of height over 40 feet.
3. When the University District is applied as a separate
zoning district, then the following bulk regulations
shall apply:
(a) Maximum lot coverage: 30 percent.
(b) Minimum setback: 50 feet from each public street
and from each lot line that adjoins property in
any other zoning district.
(c) Maximum structure height: No limitations.
"Section 36-608. C-1. Restricted Business District.
The C-1 District is designed to provide for a restricted commercial
alternative to multiple -family development adjacent to arterial
streets and highways, and at the same time avoid the typical strip
commercial development. To achieve this end, a very limited number
of non -retail businesses are permitted.
Sec. 36-608(l). Permitted Uses.
I. Business and professional offices, provided that any
warehouse or storage space associated with such offices
shall not exceed 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) Barber shops.
(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.
1
1
7. Public utility uses, including substations.
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.
Sec. 36-608(2). Conditional Uses.
1. Mail order houses.
2. Research laboratories (limited to research such as
medical research, statistical research, etc.).
3. All permitted uses in the R-3 District, provided that
they shall be governed by the requirements of the R-3
District.
4. 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: 500 square feet per dwelling
unit.
(b) Bulk Regulations:
(1) Maximum structure height: 150 feet except
as provided in Section 36-608(2)4(b)(2), below.
(2) Minimum yard requirements:
Front yard: 30 feet on all sides abutting a
street.
Side yard: 15 feet except there shall be an
additional side yard setback of
one (1) foot for each two (2)
feet of height over 50 feet.
Rear yard: 25 feet.
(3) Maximum lot coverage: 40 percent.
5. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
6. Banks and financial institutions.
Sec. 36-608(3). Lot Size Requirements.
1. Minimum lot width: 75 feet.
2. Minimum lot depth: 100 feet.
Sec. 36-608(4). Bulk Regulations.
1. Maximum structure height: 30 feet, except multiple -
family development which shall be governed by the
regulations for the R-3 Residential District, provided
that there shall be one (1) additional foot of setback
on the side yards for each two (2) feet of height over
30 feet.
2. Minimum yard requirements:
(a) Front yard: 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:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(b) Minimum side yard: 8 feet on each side.
(c) Minimum rear yard: 25 feet.
3. Maximum lot coverage: 30 percent.
1
Cl
1
Sec. 36-608(5). Use Limitations.
1. All business, service, storage and display of goods
shall be conducted within a completely enclosed structure
2. Exterior lighting fixtures shall be shaded so that no
direct light is cast upon any property located in a
residential district and so that no glare is visible
to any traffic on any public street.
3. Sight obscuring screening of not less than six feet in
height shall be provided along all lot lines that abut
a residential district.
4. Off-street parking and loading areas associated with
the uses permitted in this district shall not be
permitted in any required front yard.
"Section 36-609. C-2. Neighborhood Shopping District.
The C-2 District is designed to permit areas of convenience
shopping facilities of no less than one acre so located to serve one
or more residential neighborhoods.
Sec. 36-609(1). Permitted Uses.
1. Apparel stores.
2. Banks and financial institutions.
3. Barber shops.
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. Mortuaries and funeral homes.
14. Package liquor stores.
15. Pharmacies.
16. Public utility uses including substations.
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.
Sec. 36-609(2). ConditionaZ Uses.
1. Bus stations.
2. Telphone exchanges and telephone transmission equipment
structures.
3. Gasoline service stations and tire, battery and
automobile accessory stores, only if the design of the
entrance and exit drives to such service stations or
stores will not create hazards for vehicular or
pedestrian traffic or congestion in adjacent streets.
4. Taverns.
n
1
1
5. Multiple -family dwellings provided they shall be
governed by the R-3 Multiple -Family Residential
District requirements. Such requirements shall include
consideration of density, yards, off-street parking,
lot coverage and all other requirements for multi-
family development as required in the R-3 District,
except there shall be one additional foot of setback
for each two feet of height over 35 feet.
6. Research laboratories.
7. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
Sec. 36-609(3). Lot Size Requirements.
1.
2.
3.
Minimum lot width: 75 feet.
Minimum lot depth: 100 feet.
Minimum zoning area: 1 acre,
within 200 feet of a similar
minimum zoning area may not h
10%.
Sec. 36-609(4). BuZk Regulations.
unless contiguous to or
zoning district. The
e varied by more than
1. Maximum structure height: 50 feet.
2. Yard requirements:
(a) Front yard: 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:
(1) Residential street: 25 feet from the
property line or 55 feet from the center
line, whichever is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whichev
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whichev
is greater.
(b) Side yard: None required, except when a side
yard in this district abuts a residential district
a side yard of 15 feet shall be provided.
(c) Rear yard: None required, except when a rear
yard in this district abuts a residential district
a rear yard of 15 feet shall be provided.
3. Maximum lot coverage: 35 percent.
Sec. 36-609(5). Use Limitations.
1. All business establishments shall be retail or service
establishments dealing directly with consumers. All
goods produced on the premises shall be sold at retail
on the premises where produced.
2. All business, service, storage and display of goods
shall be conducted within a completely enclosed building
except that an area equivalent to not more than five
percent of the total floor area may be used for open
display and sales.
3. Exterior lighting fixtures shall be shaded so that no
direct light is cast upon any property located in a
residential district and so that no glare is visible
to any traffic on any public street.
4. A sight obscuring screening of not less than six feet
in height shall be provided along all property lines
that abut a residential district.
5. No individual business establishment shall occupy more
than 25,000 square feet of floor space.
D
1
C
"Section 36-610. C-3. Shopping Center District.
The C-3 District is designed to provide a district of no less
than one acre for a relatively broad range of retail shopping facilities
which primarily consist of specialty shops and stores.
See. 36-610(1). Permitted Uses.
1. Antique shops.
2. Apparel stores.
3. Appliance stores.
4. Auditoriums and community theatres.
5. Banks and financial institutions.
6. Barber shops.
7. Beauty Shops.
8. Bicycle shops.
9. Blueprinting and photostating establishments.
10. Book stores.
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. Dry cleaning establishments.
17. Drygoods stores.
18. Florist shops.
19. Food stores, including grocery stores, meat markets,
bakeries, and delicatessens.
20. Furniture stores.
21. Furrier shops, including the incidental storage and
conditioning of furs.
22. Gasoline service stations.
23. Gift shops.
24. Governmental buildings.
25. Hardware stores.
26. Hobby shops.
27. Hotels and motels.
28. 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.
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.
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.
Sec. 36-610(2). ConditionaZ Uses.
51.
Schools: music, dance or business.
governed by the R-3 Multiple -Family Residential
52.
Self-service laundry and dry cleaning establishments.
53.
Small animal hospitals, providing that such facility
parking, lot coverage and all other requirements for
is completely enclosed and that no odor or noise is
Residential District, except that there shall be one
discernible outside the structure.
additional foot of setback for each two feet of height
54.
Sporting goods stores.
55.
Tailors.
3. Contractor's office.
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.
Sec. 36-610(2). ConditionaZ Uses.
required bulk and lot size:
(a) Minimum lot area: 500 square feet per
dwelling unit.
(b) Bulk Regulations:
(1) Maximum structure height: 150 feet except as
provided in Section 36-610(2)4(b)(2) below.
(2) Minimum yard requirements:
Front yard: 30 feet on all sides abutting a
street.
Side yard: 15 feet except there shall be an
additional side yard setback of one (1) foot
for each two (2) feet of height over 50 feet.
Rear yard: 25 feet.
(3) Maximum lot coverage: 40 percent.
5. Bus stations.
Sec. 36-610(3). Lot Size Requirements.
No minimum, but zoning district must be a minimum of one
acre, unless contiguous to or within 200 feet of a similar
district. The minimum zoning area may not be varied by more
than 10%.
Sec. 36-610(4). BuZk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
(a) Front yard: 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:
1. Multiple -family dwellings provided they shall be
governed by the R-3 Multiple -Family Residential
District requirements. Such requirements shall
include consideration of density, yards, off-street
parking, lot coverage and all other requirements for
multi -family development as required in the R-3
Residential District, except that there shall be one
additional foot of setback for each two feet of height
over 35 feet.
2. Taverns.
3. Contractor's office.
4. 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: 500 square feet per
dwelling unit.
(b) Bulk Regulations:
(1) Maximum structure height: 150 feet except as
provided in Section 36-610(2)4(b)(2) below.
(2) Minimum yard requirements:
Front yard: 30 feet on all sides abutting a
street.
Side yard: 15 feet except there shall be an
additional side yard setback of one (1) foot
for each two (2) feet of height over 50 feet.
Rear yard: 25 feet.
(3) Maximum lot coverage: 40 percent.
5. Bus stations.
Sec. 36-610(3). Lot Size Requirements.
No minimum, but zoning district must be a minimum of one
acre, unless contiguous to or within 200 feet of a similar
district. The minimum zoning area may not be varied by more
than 10%.
Sec. 36-610(4). BuZk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
(a) Front yard: 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:
1
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(b) Side yard: None required, except when a side yard
abuts a residential district there shall be
a setback of 15 feet.
(c) Rear yard: None required, except where any rear
yard abuts a residential district, then a rear
yard shall be provided that is 15 feet in width.
Sec. 36-610(5). Use Limitations.
1. All business establishments shall be retail or service
establishments dealing directly with the consumer.
All goods produced on the premises shall be sold at
retail on the premises where produced.
2. All business, service, storage and display of goods
shall be conducted within a completely enclosed
building, except as provided by this Chapter.
3. No business establishment shall offer or sell food or
beverages for consumption on the premises in parked
motor vehicles.
4. Exterior lighting fixtures shall be shaded so that no
direct light is cast upon any property located in a
residential district and so that no glare is visible
to any traffic on any public street.
5. A sight obscuring screening of not less than six feet
in height shall be provided along all property lines
that abut a residential district.
"Section 36-611. C-4. Central Business District.
The C-4 District is designed to provide a district for a broad
range of retail shopping facilities.
Sec. 36-611(1). 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. Barber shops.
10. Beauty shops.
11. Bicycle shops.
12. Book stores.
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.
35.
Hobby shops.
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.
Mortuaries and funeral homes.
44.
Music stores and musical instrument sales.
45.
Newspaper offices and printing.
46.
Newsstands.
47.
Office equipment and supply.
48.
Optical sales.
49.
Package liquor stores.
50.
Paint and wallpaper stores.
51.
Parking garages and lots.
52.
Pawn shops.
53.
Pest control and exterminators.
54.
Pet grooming shops.
55.
Pet stores.
56.
Pharmacies.
57.
Physical and health services such as private
gymnasiums and reducing salons.
58.
Private clubs.
59.
Printing plants.
60.
Public utility uses including substations.
61.
Radio and television broadcasting stations.
62.
Radio and television repair shops.
63.
Recording studios.
64.
Restaurants, other than drive-in establishments.
65.
Restricted production and repair limited to the followin
Alteration and custom tailoring of clothing for retail
sale only; jewelry from precious metal; watches; denture
optical lenses; and other similar activities.
66.
Schools: music, dance or business.
67.
Self-service laundry and dry cleaning establishments.
68.
Shoe repair shops.
69.
Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
70.
Sporting goods stores.
71.
Tailor shops.
72.
Taverns.
73.
Telephone exchanges and telephone transmission
equipment structures.
74.
Theatres, indoor only.
75.
Travel bureaus and transportation ticket offices.
76.
YMCA, YWCA, and other similar organizations.
77.
Variety stores.
78.
Any other similar retail business not specifically
listed is permitted if it complies with the conditions
and the restrictions contained in Section 36-611(5).
79.
Accessory and temporary uses, as permitted by
Article IV.
80.
Signs, as permitted by Article IX.
81.
Off-street parking and loading, as required by
Article X.
Sec. 36-611(2). ConditionaZ Uses.
1. Multiple -family dwellings, provided that such developmen
shall comply with the R-3 Multi -Family Residential
District requirements for multiple -family dwellings.
2. 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: 500 square feet per dwelling
unit.
(b) Bulk regulations:
(1) Maximum structure height: No limitations.
(2) Minimum yard requirements:
Front yard: 30 feet on all sides abutting
a street.
Side yard: 15 feet except there shall be
an additional side yard setback of one (1)
foot for each two (2) feet of height over
50 feet.
Rear yard: 25 feet
(3) Maximum lot coverage: 40 percent.
3. Storage in bulk of, or warehouse for such materials
as: clothing, drugs, dry goods, food, furniture,
glass, groceries, hardware, household goods, liquor or
alcoholic beverages, lubricating oil, millinery,
paint, paint materials, pipe, rubber, shop supplies,
tobacco, turpentine, and varnish.
4. Testing and research laboratories.
5. Wholesale office and sample rooms.
Sec. 36-611(3). Lot Size Requirements.
No minimum requirements.
Sec. Z6-611(4). BuZk Regulations.
1. Maximum structure height: No limitations.
2. Yard requirements:
(a) Front yard: None
(b) Side yard: None required, except as provided
below.
(c) Rear yard: None required, except as provided
below.
(d) Where any side and/or rear yard abuts a residential
district, a landscaped side and/or rear yard
shall be provided along such side and/or rear
yard that is 10 feet in width.
3. Maximum lot coverage: 100 percent.
Sec. 36-611(5). Use Limitations.
1. All business establishments shall be retail or service
establishments dealing directly with consumers. All
goods produced on the premises shall be sold at retail
on the premises where produced. No products produced
in this district shall be of a nature that they would
be classified as a permitted use in the I-2 or I-3
Districts if produced separately from a use permitted
in this district.
2. All business, service, storage and display of goods
shall be conducted within a completely enclosed building
except as provided by this Chapter.
3. No business establishment shall offer or sell food or
beverages for consumption on the premises in parked
motor vehicles.
4. Exterior lighting fixtures shall be shaded so that no
direct light is cast upon any property located in a
residential district and so that no glare is visible
_
to any traffic on any public street.
"Section 36-612. C-5. Service Commercial District.
The C-5 District is designed for those business and commercial
uses which draw their customers from motorists on the highway, or for
whom a location on a highway or arterial street is especially useful
or necessary. Although some of the typical retail uses are permitted
in other commercial districts, most of these permitted in this district
would not blend well into a prime retail area.
Sec. 36-612(1). Permitted Uses.
1. Ambulance services.
2. Automobile rental, sales and service.
3. Automotive parts, wholesale.
4. Automotive sales, service and parts.
5. Banks and financial institutions.
6. Barber shops.
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. Equipment sales and rental, not including heavy
equipment type such as bulldozers and cranes.
18. Food stores and delicatessens.
19. Furniture stores.
20. Garden stores, greenhouses and nurseries.
21. Gasoline service stations.
22. Gift and souvenir shops.
23. Hardware stores.
24. Motels and hotels.
25. Package liquor stores.
26. Paint and wallpaper stores.
27. Pawn shops.
28. Pest control and exterminators.
29. Pharmacies.
30. Pitch and putt, and miniature golf.
31. Printing plants.
32. Private clubs.
33. Public utility uses including substations.
34. Recreational vehicle rental, sales and service.
35. Restaurants, including drive-in establishments,
serving food or beverages to customers for consumption
on the premises or in parked motor vehicles.
36. Self-service laundry and dry cleaning establishments.
37. Service and fraternal clubs and lodges.
38. Small animal hospitals, providing that such facility
is completely enclosed and that no odor or noise is
discernible outside the structure.
39. Sporting goods stores.
40. Truck sales and service.
41. Variety stores.
42. YMCA, YWCA, and other similar organizations.
43. Any other similar uses not specifically listed are
permitted if they comply with the conditions and
restrictions contained in Section 36-612(5).
44. Accessory and temporary uses, as permitted by
Article IV.
45. Signs, as permitted by Article IX.
46. Off-street parking and loading, as required by
Article X.
1
E
Sec. 36-612(2). ConditionaZ Uses.
1. Telephone exchanges and telephone transmission
equipment structures.
2. Outdoor theatres.
3. Animal hospitals, provided
in an enclosed structure.
4. Amusement parks and skating
5. Taverns.
6. Lumber yards.
that all pens shall be
rinks.
Sec. 36-612(3). Lot Size Requirements.
1. Minimum lot width: 75 feet.
2. Minimum lot depth: 100 feet.
Sec. 36-612(4). BuZk Regulations.
1. Maximum structure height: 40 feet.
2. Yard requirements:
(a) Minimum front yard: Property located adjacent to
the various types of streets shall maintain the
following yard requirements regardless of whether
it is a front, side, rear or any combination
thereof:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(b) No side or rear yard setback shall be required
other than under the conditions specified in
Section 36-612(4)2(a) above, except that when
located adjacent to property in a residential
district there shall be a setback of 10 feet.
(c) Each motel and hotel shall have a minimum side
yard on each side of the zoning lot of not less
than 10 feet, and a minimum rear yard of not less
than 20 feet.
(d) Gasoline pumps, air and water service and other
fixtures used in connection with gasoline service
stations shall be located no less than 12 feet
from the property line of any street or road on
which the service station abuts.
(e) Sight obscuring screening of not less than six
feet in height shall be provided along all lot
lines that abut a residential district.
3. Maximum lot coverage: 50 percent.
Sec. 36-612(5). Use Limitations.
1. No structure shall be used for residential purposes
except for the use of the owner or operator of the
business located on the premises and except that
accommodation may be offered to transient public by
motels and hotels.
2. All outdoor storage and vehicles in operating condition
and off-street parking and loading spaces shall be
enclosed by screening as provided in Section 36-612(4)2(().
Off-street parking and loading spaces and the storage
of automobiles and other motor vehicles in operating
condition shall be so enclosed when such use abuts on a
residential district at a side or a rear lot line or is
separated from the district only by an alley.
1
3. All business establishments shall be retail or service
establishments dealing directly with consumers, except
wholesale when permitted as a conditional use. All
goods produced on the premises shall be sold on the
premises where produced.
4. Exterior lighting fixtures shall be shaded wherever
necessary to avoid casting direct light on any property
located in a residential district.
5. Drive-in establishments offering food or services
directly to customers waiting in parked motor vehicles
shall screen the space allocated for customers and
motor vehicles in the same manner as is required in
Section 36-612(5)2, above.
"Section 36-613. C-6. Heavy Commercial District.
The C-6 District is designed for commercial uses which deal with
the sale and/or service of heavy equipment or products.
Sec. 36-613(1). Permitted Uses.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Agricultural implement sales and service.
Ambulance services.
Amusement parks and skating rinks.
Animal hospitals, provided that all pens shall be in
an enclosed structure.
Antique shops.
Apparel stores.
Appliance stores.
Armories.
Auditoriums and community theatres.
Automobile and truck sales and rental, including
accessory repair and painting operations and facilities,
provided that all such operations or facilities shall
shall comply with all the use limitations in Section
36-613(5).
Automotive parts, wholesale.
Automotive sales, service, and parts.
Banks and financial institutions.
Barber shops.
Beauty shops.
Bicycle shops.
Boat sales, rental, and service.
Bonding agencies.
Book stores.
Blueprinting and photostating establishments.
Bowling alleys.
Business and professional offices.
Camera and photographic supply stores.
Car washes.
Carpet and rug stores.
China and glassware stores.
Commercial off-street parking
Contractor's office.
Department stores.
Dry cleaning establishments.
Drygoods stores.
Electrical contractors.
Electronic parts and supplies.
Equipment sales and rental.
Florist shops.
Food stores and delicatessens.
Fraternal and service clubs.
Furniture stores.
Furrier shops.
Garden stores, greenhouses and
Gasoline service stations.
Gift and souvenir shops.
Governmental buildings.
Hardware stores.
as a principal use.
nurseries.
1
1
45. Hobby shops.
46. Hospitals, sanitariums, rest homes, and nursing
homes.
47. Hotels and motels.
48. Interior decorating shops, including upholstering,
making of draperies, slipcovers and other similar
articles.
49. Jewelry stores.
50. Leather and luggage stores.
51. Lumber yards.
52. Mail order houses.
53. Mechanical contractors.
54. Medical and dental clinics, and guidance centers.
55. Mobile home and trailer sales and rental, but not
including the use of any mobile home as a residence.
56. Mortuaries and funeral homes.
57. Music stores and musical instrument sales.
58. Newspaper offices and printing.
59. Newsstands.
60. Office equipment and supply.
61. Optical sales.
62. Package liquor stores.
63. Paint and wallpaper stores.
64. Parking garages and lots.
65. Pawn shops.
66. Pest control and exterminators.
67. Pet grooming shops.
68. Pet stores.
69. Pharmacies.
70. Physical and health services.
71. Private clubs.
72. Printing plants.
73. Public utility uses, including substations.
74. Radio and television broadcasting stations.
75. Radio and television repair shops.
76. Recording studios.
77. Recreational vehicle rental, sales and service.
78. Restaurants, including drive-in establishments.
79. 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.
80. Schools: music, dance, or business.
81. Self-service laundry and dry cleaning establishments.
82. Shoe repair shops.
83. Sporting goods stores.
84. Tailor shops.
85. Taverns.
86. Telephone exchanges and telephone transmission equipment
structures.
87. Theatres, indoor only.
88. Travel bureaus and transportation ticket offices.
89. YMCA, YWCA, and other similar organizations.
90. Variety stores.
91. Any other similar retail business not specifically
listed is permitted if it complies with the conditions
and the restrictions contained in Section 36-613(5).
92. Accessory and temporary uses, as permitted by
Article IV.
93. Signs, as permitted by Article IX.
94. Off-street parking and loading, as required by
Article X.
Sec. 36-613(2). ConditionaZ Uses.
1. Outdoor theatres.
2. Tire repair shops, recapping, etc.,
1
Sec. 36-613(3). Lot Size Requirements.
1. Minimum lot width: 75 feet.
2. Minimum lot depth: 100 feet.
Sec. 36-613(4). BuZk Regulations.
1. Maximum structure height: 50 feet.
2. Yard requirements:
(a) Front yard: Property located adjacent to the
following various types of streets shall maintain
the following yards regardless of whether it is a
front, side or rear yard or any combination
thereof:
(1) Residential street: 25 feet from the property
line or 55 feet from the center line, whicheve
is greater.
(2) Collector street: 25 feet from the property
line or 65 feet from the center line, whicheve
is greater.
(3) Arterial street: 25 feet from the property
line or 75 feet from the center line, whicheve
is greater.
(b) No side or rear yard setback shall be required
other than under the conditions specified in
Section 36-613(4)2(a) above, except that when
located adjacent to property in a residential
district there shall be a setback of 10 feet.
(c) Each motel and hotel shall have a minimum side
yard on each side of the zoning lot of not less
than 10 feet, and a minimum rear yard of not less
than 20 feet.
(d) Gasoline pumps, air pumps, and water service and
other fixtures used in connection with gasoline
service stations shall be located not less than
12 feet from the property line of any street or
road on which the service station abuts.
3. Maximum lot coverage: 50 percent.
Sec. 36-613(5). Use Limitations.
1. No structure shall be used for residential purposes
except for a security guard or night watchman or the
owner or operator of the business located on the
premises.
2. All outdoor storage including off-street parking
spaces shall be enclosed by screening from adjacent
property located in a residential district.
3. All lighting shall be so located to avoid casting
direct light upon any property located in a residential
district.
4. Sight obscuring screening of not less than six feet in
height shall be provided along all lot lines that abut
a residential district.
"Section 36-614. I-1. Industrial Park District.
The I-1 District is designed to permit a broad range of industrial
activities within certain limitations. The uses permitted in this
district are required to be in an enclosed structure and all premises
are to be landscaped according to an approved landscape plan. All
walks, drives and parking areas shall be all-weather surfaced.
Sec. 36-614(1). Permitted Uses.
1.
Adding machine manufacture.
2.
Armories.
3.
Artificial flower manufacture.
4.
Automobile assembly.
5.
Automobile and truck washes.
6.
Automobile rental agency.
7.
Automobile repair (no wrecking yard).
8.
Bakery, wholesale.
9.
Beverage manufacturing and bottling (excluding malts
and spirits).
10.
Bicycle manufacture.
11.
Blacksmith (no salvage yard).
12.
Boat sales, rental and service.
13.
Book publishing.
14.
Boot and shoe manufacture.
15.
Bottling works.
16.
Broom manufacture.
17.
Building materials yard.
18.
Business, professional and administrative offices.
19.
Cabinet maker.
20.
Candy manufacture.
21.
Canning and preserving factory.
22.
Cap and hat manufacture.
23.
Carpenter shop.
24.
Carpet cleaning.
25.
Cleaning and pressing.
26.
Clock factory.
27.
Clothing manufacture.
28.
Coffin manufacture.
29.
Cold storage warehouse.
30.
Commission house.
31.
Concrete burial vault company.
32.
Condensed milk manufacture.
33.
Contractor's storage yard and offices.
34.
Cosmetic manufacture.
35.
Creamery, wholesale.
36.
Dairy, wholesale.
37.
Dental laboratory.
38.
Drug manufacture.
39.
Dry cleaning establishment.
40.
Drygoods, wholesale.
41.
Dyeing and cleaning.
42.
Electrical repair.
43.
Electrical sign manufacture.
44.
Enameling and painting.
45.
Engraving plant.
46.
Envelope manufacture.
47.
Express storage and delivery station.
48.
Feed and seed stores.
49.
Feed manufacturer.
50.
Feed, wholesale.
51.
Flour and grain storage and elevators.
52.
Food products manufacture.
53.
Frozen food lockers.
54.
Fruit and vegetable drying.
55.
Fur warehouse.
56.
Furniture warehouse/storage.
57.
Garage, repair.
58.
Garment factory.
59.
Grain elevator.
60.
Greenhouses, retail and wholesale.
61.
Grocery store, wholesale.
62.
Gymnasium equipment manufacture.
63.
Hangars with repair facilities.
64.
Hat cleaning.
65.
Hatchery.
66.
Hay, grain, feed, wholesale.
67. Ice cream manufacture.
68. Ice manufacture.
69. Jewelry manufacture.
70. Knit goods manufacture.
71. Laboratories.
72. Laundry.
73. Limb (artificial) manufacture; (prosthesis manufacture).
74. Lime and cement warehouse.
75. Loose leaf book manufacture.
76. Lumber yard.
77. Macaroni manufacture.
78. Machinery and implement sales, storage, and repair.
79. Mattress manufacture.
80. Medicine manufacture.
81. Metal fabrication and assembly.
82. Milk bottling plant.
83. Milk depot, wholesale.
84. Millinery making.
85. Mineral distillation and bottling.
86. Mobile home sales and service.
87. Motorcycle repair.
88. Moving company, with storage facilities.
89. Newspaper offices and printing.
90. Office building on same site as industry (factory).
91. Office equipment and supply manufacture.
92. Optical goods manufacture.
93. Organ manufacture.
94. Overall manufacture.
95. Paper products manufacture.
96. Pencil factory.
97. Perfumery.
98. Pest control and exterminators.
99. Pharmaceutical products manufacture.
100. Phonograph manufacture.
101. Photo engraving company.
102. Piano manufacture.
103. Popcorn factory.
104. Plumbing shop.
105. Printing plants.
106. Produce warehouse.
107. Public utility plants and services, including
substations.
108. Publishing company.
109. Pump station.
110. Radio manufacture.
111. Recreational vehicle, rental, sales and service.
112. Refrigerator manufacture.
113. Relay station (radio, television, etc.).
114. Research facilities.
115. Rug cleaning.
116. Saddle manufacture.
117. Screw and bolt manufacture.
118. Seed company (processing).
119. Sheet metal shop.
120. Shirt factory.
121. Sign painting.
122. Small animal hospitals.
123. Soap manufacture.
124. Soda water manufacture.
125. Sporting goods manufacture.
126. Stair manufacture.
127. Storage warehouse.
128. Tailor shop.
129. Taxicab storage, repair.
130. Tea and spice packing.
131. Television aerials (classed with building to
which attached).
132. Television manufacture.
133. Television sending or relay towers.
134. Textile manufacture.
1
135. Thermometer or thermostat manufacture.
136. Tin products, wholesale.
137. Tinsmith shop.
138. Tire repair shop, recapping, etc.
139. Transfer company, baggage storage.
140. Truck sales, rental and service.
141. Truck terminals.
142. Trunk manufacture.
143. Upholstery manufacture.
144. Vulcanizing shop (rubber).
145. Wallpaper manufacture.
146. Warehouse.
147. Washing machine manufacture.
148. Watch manufacture.
149. Water company appurtenances.
150. Waterproofing treatment and manufacture.
151. Welding shop (no salvage yard).
152. Wholesale houses.
153. Wholesale produce storage and market.
154. Window shade manufacture.
155. Wire brush manufacture.
156. Wood products manufacture.
157. Woodworking shops.
158 Woven goods manufacture.
159. Worsted goods manufacture.
160. Accessory and temporary uses, as permitted by
Article IV.
161. Signs, as permitted by Article IX.
162. Off-street parking and loading, as required by
Article X.
Sec. 36-614(2). ConditionaZ Uses.
None
Sec. 36-614(3). Lot Size requirements.
1. Minimum lot width: 100 feet.
2. Minimum lot depth: 150 feet.
3. Minimum zoning area: One acre,
or within 200 feet of a similar
zoning area may not be varied by
Sec. 36-614(4). BuZk Regulations.
unless contiguous to
district. The minimum
more than 10%.
1. Maximum structure height: 50 feet.
2. Yard requirements:
(a) Front yard: 35 feet on all sides abutting a
street, except when located adjacent to an arterial
street, there shall be a setback of 75 feet from
the street center line. The greater distance
shall prevail.
(b) Side yard: 20 feet.
(c) Rear yard: 20 feet.
3. Maximum lot coverage: 35 percent.
Sec. 36-614(5). Use Limitations.
1. All operations, activities and storage shall be conducte
wholly inside a building or buildings, unless the
nearest point of such operation or activity is more
than 200 feet from the boundary of any zoning district
other than an I-1, I-2, or I-3 District and except that
storage may be maintained outside the building in side
yards or rear yards if such storage area is separated
from public streets and other property (except property
located in an I-1, I-2, or I-3 District) by screening
of not less than six feet in height.
2. No retail sales or services shall be permitted except
incidental or accessory to a permitted use.
C�
1
l l
3. Servicing and maintenance of vehicles shall be permitted
only when such is necessary to the conduct of a permitted
use.
4. All premises in an I-1 District shall be furnished
with all-weather, hard surface walks and, except for
parking areas, the grounds shall be planted and landscape
according to a landscape plan which shall be filed in
the Zoning Administrator's Office.
5. If a lot in an I-1 District adjoins a residential
district, screening shall be provided at the lot lines
sufficient to protect, on a year-round basis, the
privacy of adjoining residential uses.
6. No building shall be used for residential purposes
except that a watchman may reside on the premises.
7. Exterior lighting shall be shaded so that no direct
light is cast upon any property located in a residential
district or upon any street where glare is visible to
traffic.
"Section 36-615. I-2. Liqht Industrial District.
The I-2 District is designed to permit industrial activities of
a limited nature. This includes uses which in many cases are compatibl
with adjacent use districts.
Sec. 36-615(1). Permitted Uses.
1. Any retail or commercial use, except those listed as
conditional uses in the I-2 or I-3 Districts.
2. Adding machine manufacture.
3. Armories.
4. Artificial flower manufacture.
5. Automobile assembly.
6. Automobile and truck washes.
7. Automobile rental agency.
8. Automobile repair (no wrecking yard).
9. Bakery, wholesale.
10. Beverage manufacturing and bottling (excluding malts
and spirits).
11. Bicycle manufacture.
12. Blacksmith (no salvage yard).
13. Book publishing.
14. Boot and shoe manufacture.
15. Bottling works.
16. Broom manufacture.
17. Building materials yard.
18. Cabinet maker.
19. Candy manufacture.
20. Canning and preserving factory.
21. Cap and hat manufacture.
22. Carpenter shop.
23. Carpet cleaning.
24. Cleaning and pressing.
25. Clock factory.
26. Clothing manufacture.
27. Coffin manufacture.
28. Cold storage warehouse.
29. Commission house.
30. Concrete burial vault company.
31. Condensed milk manufacture.
32. Contractor's storage yard and offices.
33. Cosmetic manufacture.
34. Creamery, wholesale.
35. Dairy, wholesale.
36. Dental laboratory.
37. Drug manufacture.
38. Dry cleaning establishment.
39. Drygoods, wholesale.
40. Dyeing and cleaning.
1
1
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
Electrical repair.
Electrical sign manufacture.
Enameling and painting.
Engraving plant.
Envelope manufacture.
Express storage and delivery station.
Feed and seed stores.
Feed manufacturer.
Feed, wholesale.
Flour and grain storage and elevators.
Food products manufacture.
Frozen food lockers.
Fruit and vegetable drying.
Fur warehouse.
Furniture warehouse/storage.
Garage, repair.
Garment factory.
Greenhouses, retail and wholesale.
Grocery store, wholesale.
Gymnasium equipment manufacture.
Hangars with repair facilities.
Hat cleaning.
Hatchery.
Hay, grain, feed, wholesale.
Ice cream manufacture.
Ice manufacture.
Jewelry manufacture.
Knit goods manufacture.
Laboratories.
Laundry.
Limb (artificial) manufacture; (prosthesis manufacture).
Lime and cement warehouse.
Loose leaf book manufacture.
Lumber yard.
Macaroni manufacture.
Machinery and implement sales, rental,
Mattress manufacture.
Medicine manufacture.
Metal fabrication and assembly.
Milk bottling plant.
Milk depot, wholesale.
Millinery making.
Mineral distillation and bottling.
Mobile home sales and service.
Motorcycle repair.
storage, and repair.
Moving company, with storage facilities.
Newspaper offices and printing.
Office building on same site as industry (factory).
Office equipment and supply manufacture.
Optical goods manufacture.
Organ manufacture.
Overall manufacture.
Paper products manufacture.
Pencil factory.
Perfumery.
Pest control and exterminators.
Pharmaceutical products manufacture.
Phonograph manufacture.
Photo engraving company.
Piano manufacture.
Popcorn factory.
Plumbing shop.
Printing plants.
Produce warehouse.
Public utility plants and services, including
substations.
106. Publishing company.
107. Pump station.
108. Radio manufacture.
109. Refrigerator manufacture.
110. Refuse service.
Ill. Relay station (radio, television, etc.).
112. Research facilities.
113. Rug cleaning.
114. Saddle manufacture.
115. Screw and bolt manufacture.
Sec. 36-615(2). ConditionaZ Uses.
None
Sec. 36-615(3). Lot Size Requirements.
1. Minimum lot area: 5,000 square feet.
2. Minimum lot width: 50 feet
3. Minimum lot depth: 100 feet.
116.
Seed company (processing).
117.
Sheet metal shop.
118.
Shirt factory.
119.
Sign painting.
120.
Small animal hospitals.
121.
Soap manufacture.
122.
Soda water manufacture.
123.
Sporting goods manufacture.
124.
Stair manufacture.
125.
Storage warehouse.
126.
Tailor shop.
127.
Taxicab storage, repair.
128.
Tea and spice packing.
129.
Television aerials (classed with building to
which attached).
130.
Television manufacture.
131.
Television sending or relay towers.
132.
Textile manufacture.
133.
Thermometer or thermostat manufacture.
134.
Tin products, wholesale.
135.
Tinsmith shop.
136.
Tire repair shop, recapping, etc.
137.
Transfer company, baggage storage.
138.
Truck sales, rental and service.
139.
Truck terminals.
140.
Trunk manufacture.
141.
Upholstery manufacture.
142.
Vulcanizing shop (rubber).
143.
Wallpaper manufacture.
144.
Warehouse.
145.
Washing machine manufacture.
146.
Watch manufacture.
147.
Water company appurtenances.
148.
Waterproofing treatment and manufacture.
149.
Welding shop (no salvage yard).
150.
Wholesale houses.
151.
Wholesale produce storage and market.
152.
Window shade manufacture.
153.
Wire brush manufacture.
154.
Wood products manufacture.
155.
Woodworking shops.
156
Woven goods manufacture.
157.
Worsted goods manufacture.
158.
Accessory and temporary uses, as permitted by
Article IV.
159.
Signs, as permitted by Article IX.
160.
Off-street parking and loading, as required by
Article X.
161.
Any other similar industrial use, provided that it
complies with the limitations in Section
M
36-615(5).
Sec. 36-615(2). ConditionaZ Uses.
None
Sec. 36-615(3). Lot Size Requirements.
1. Minimum lot area: 5,000 square feet.
2. Minimum lot width: 50 feet
3. Minimum lot depth: 100 feet.
Sec. 36-615(4). BuZk Regulations.
1. Maximum structure height: No limitation
2. Minimum yard requirements:
(a) Minimum front yard: 25 feet on all sides abutting
a street, except when located adjacent to an
arterial street there shall be a setback of
75 feet from the street center line. The greater
distance shall prevail.
(b) Side yard: No minimum requirement, but if a
side yard abuts a residential district, a side
yard of 10 feet shall be provided.
(c) Minimum rear yard: No minimum requirement, but
if a rear yard abuts a residential district, a
rear yard of 10 feet shall be provided.
3. Maximum lot coverage: 50 percent.
Sec. 36-615(5). Use Limitations.
1. All operations, activities and storage shall be conducte
wholly inside a building, or buildings, unless the
nearest point of such operation or activity is more
than 200 feet from the boundary of any other zoning
district other than an I-2 or I-3 District and except
that storage may be maintained outside the building in
side or rear yards if such storage area is separated
from public streets and other pro erty (except property
located in an I-2 or I-3 District by screening of not
less than six feet in height.
2. Servicing and maintenance of vehicles shall be permitted
only when such is necessary to the conduct of a permitte
use.
3. If a lot in an I-2 District adjoins a residential
district, screening of not less than six feet in
height shall be provided at the lot lines sufficient to
protect, on a year-round basis, the privacy of adjoining
residential uses.
4. No building shall be used for residential purposes
except that a watchman may reside on the premises.
"Section 36-616. I-3. Heavy Industrial District.
The I-3 District is designed for those industries which are apt
to have an extensive impact on the surrounding area. If possible, I-3
Districts should be separated from residential districts and the more
restricted business districts by intervening or restrictive industrial
or commercial zones.
Sec. 36-616(1). Permitted Uses.
1. Any retail or commercial use except those listed as
conditional in Section 36-616(2)..
2. All permitted uses in the I-2 District.
3. Airplane repair and manufacture.
4. Automobile manufacturing.
5. Bag cleaning.
6. Bank equipment manufacture.
7. Barrel manufacture.
8. Beet sugar manufacture.
9. Beverage manufacture and bottling.
10. Bleaching powder manufacture.
11. Blooming mill.
12. Blueing manufacture.
13. Boat manufacture.
14. Box manufacture.
15. Brass foundry.
16. Brewery.
17. Brick yard and kiln.
18. Bronze manufacture.
19. Brush manufacture.
20.
Can manufacture.
21.
Candle manufacture.
22.
Car manufacture.
23.
Car wheel foundry.
24.
Cast iron pipe manufacture.
25.
Casting foundry.
26.
Celluloid manufacture.
27.
Chalk manufacture.
28.
Charcoal manufacture and pulverizing.
29.
Cheese manufacture.
30.
Chocolate and cocoa products.
31.
Cider and vinegar manufacture.
32.
Clay products.
33.
Coal yards.
34.
Coffee roasting.
35.
Concrete batching or "ready mixed" plant.
36.
Concrete products company.
37.
Copper manufacture.
38.
Cotton yarn manufacture.
39.
Culvert pipe manufacture.
40.
Electrical supply manufacture.
41.
Elevator manufacture.
42.
Emery cloth manufacture.
43.
Engine manufacture.
44.
Excelsior manufacture.
45.
Fire brick manufacture.
46.
Fire clay products manufacture.
47.
Flour and grain milling.
48.
Foundry.
49.
Fuel storage and distribution.
50.
Furnace manufacture.
51.
Furniture manufacture.
52.
Glass manufacture.
53.
Hair products factory.
54.
Hardware manufacture.
55.
Heating supplies and appliances manufacture.
56.
Hosiery mill.
57.
Iron (ornamental) works.
58.
Lath manufacture.
59.
Laundry machinery manufacture.
60.
Leather and leather goods manufacture.
61.
Light and power manufacture.
62.
Linen goods manufacture.
63.
Linoleum manufacture.
64.
Lubricating machinery manufacture.
65.
Lumber mill.
66.
Machine shop.
67.
Machinery manufacture.
68.
Mail box manufacture.
69.
Malt products manufacture.
70.
Meat cutter and coffee grinder manufacture.
71.
Meat packing plant.
72.
Metal polish manufacture.
73.
Metal weather-stripping manufacture.
74.
Milling company.
75.
Monument works.
76.
Motorcycle manufacture.
77
Nail manufacture.
78.
Needle manufacture.
79.
Oilcloth manufacture.
80.
Packing (meat, poultry) plant.
81.
Pattern shop.
82.
Pipe (concrete) manufacture.
83.
Pipe (metal) manufacture.
84.
Planing mill.
85.
Plaster of paris manufacture.
86.
Plating works.
87.
Poultry food manufacture.
88.
Printing ink manufacture.
1
1
89. Quilt manufacture.
90. Radiator (heating) manufacture.
91. Rivet manufacture.
92. Rope manufacture.
93. Rubber cement manufacture.
94. Rubber manufacture.
95. Rug manufacture.
96. Salt manufacture.
97. Salvage storage yard.
98. Sand and gravel storage yard.
99. Sand paper manufacture.
100. Sausage or sausage casing manufacture.
101. Sawmill.
102. Sewer pipe manufacture.
103. Shingle manufacture.
104. Shoe manufacture.
105. Shovel manufacture.
106. Starch manufacture.
107. Soybean oil manufacture.
108. Stone cutting and screening.
109. Stove and range manufacture.
110. Sweeping compound manufacture.
111. Syrup and preserve manufacture.
112. Tack manufacture
113. Terra cotta manufacture.
114. Tile manufacture.
115. Tin foil manufacture.
116. Tin products manufacture.
117. Tire manufacture.
118. Tool manufacture.
119. Vinegar manufacture.
120. Washing powder manufacture.
121. Washing soda manufacture.
122. Waste paper products manufacture.
123. Wire manufacture.
124. Wood preserving treatment manufacture.
125. Accessory and temporary uses, as permitted by
Article IV.
126. Signs, as permitted by Article IX.
127. Off-street parking and loading, as required by
Article X.
Sec. 36-616(2). ConditionaZ Uses.
1. Explosives manufacture and storage (including
2. Anhydrous ammonia production and storage.
3. Any other uses not now or hereafter prohibited
ordinance of the City of Salina, Kansas.
Sec. 36-616(3). Lot Size Requirements.
fireworks)
by
1. Minimum lot area: 5,000 square feet.
2. Minimum lot width: 50 feet.
3. Minimum lot depth: 100 feet.
Sec. 36-616(4). BuZk Regulations.
1. Maximum structure height: No limitation.
2. Minimum yard requirements:
(a) Minimum front yard: 25 feet on all sides abutting
a street, except when located adjacent to an
arterial street there shall be a setback of 75
feet from the street center line. The greater
distance shall prevail.
(b) Side yard: No minimum requirements, but if a side
yard abuts a residential district, a side yard of
10 feet shall be provided.
(c) Minimum rear yard: No minimum requirements, but
if a rear yard abuts a residential district, a
_,.._
rear yard of 10 feet shall be provided.
3. Maximum lot coverage: 75 percent.
Sec. 36-616(5). Use Limitations.
1. If a lot in an I-3 District adjoins a residential
district, screening of not less than six feet in height
shall be provided at the lot line sufficient to protect,
on a year-round basis, the privacy of the adjoining
residential uses.
2. No building shall be used for residential purposes
except that a watchman or custodian may reside on the
premises.
"Sections 36-617 - 36-699. Reserved.
ARTICLE VII.
PLANNED DEVELOPMENT DISTRICTS
"Section 36-700. Purpose.
The application of flexible land use controls to the development
of land is often difficult or impossible with traditional zoning
district regulations. In order to permit the use of more flexible
land use regulations and to facilitate use of the most advantageous
techniques of land development, the Governing Body is authorized by
Kansas Statutes Annotated, Sections 12-725 through 12-733, to establish
planned development districts in which the zoning regulations are in
harmony with the general purpose and intent of this Chapter, and with
the comprehensive plan of the city, but in which such regulations
differ in one or more respects from the Zoning Regulations that are
applicable in any of the districts that are established by this
Chapter.
"Section 36-701. General provisions.
Sec. 36-701(1). The Governing Body may, by ordinance, approve
the establishment of a planned development district on any parcel or
tract of land which is suitable for, and of sufficient size to be
planned and developed or redeveloped, as a planned unit development
and in a manner consistent with the intent and purpose of this
Chapter and with the comprehensive plan.
Sec. 36-701(2). A planned development district may be established
for a residential planned development or for a general planned developm nt.
A development shall be deemed to be a residential planned development
when it is limited to dwelling units in detached, semi-detached,
attached or multi -storied structures, or any combination thereof; and
nonresidential uses of a religious, cultural, recreational and business
character that are primarily designed and intended to serve the
residents of the residential planned development. A development
shall be deemed to be a general planned development when it contains
business and/or industrial structures and uses exclusively or when it
blends residential structures or dwelling units in a unified plan with
business and/or industrial structures and uses.
Sec. 36-701(3). Business and industrial structures and uses in
planned development districts shall comply with the limitation of use
standards for any commercial or industrial district in which any
contemplated use is first permitted in this Chapter and with the off-
street parking and loading requirements contained in Article X of this
Chapter.
"Section 36-702. Standards and criteria for Planned Developments.
Sec. 36-702(1). For aZZ PZanned DeveZopments.
A. A development plan that is not inconsistent with the
standards set out in this section or with such general
policies or specific rules and regulations for planned
development districts as may be adopted from time to
time by the Governing Body or the Planning Commission
and placed of public record in the Office of the Zoning
Administrator shall prima facie be deemed to have
qualified for preliminary approval. No such policies,
rules or regulations shall be revised or added to so as
to be applicable to a specific proposal for a planned
development after an application for preliminary approval
of a specific development plan has been filed. A
development plan shall not be inconsistent with the
following general standards for use of land, and the
use, type, bulk, design, and location of buildings, the
density or intensity of use, the common open space, the
public facilities and the development by geographic
division of the site:
(4) The development will not impose an undue burden on
public services and facilities, such as fire and
police protection.
(5) The entire tract or parcel of land to be occupied
by the planned development shall be held in a
single ownership, or if there are two or more
owners, the application for such planned development
shall be filed jointly by all such owners.
(6) The development plan shall contain such proposed
covenants, easements and other provisions relating
to the bulk, location and density of residential
buildings, nonresidential uses and structures,
and public facilities as are necessary for the
welfare of the planned development and are not
inconsistent with the best interests of the area.
Such covenants, easements and other provisions, if
part of the development plan as finally approved,
may be modified, removed or released only with the
consent of the Governing Body after a public
hearing before, and recommendations by, the
Planning Commission as provided in Section
36-703(2)A. All such covenants shall specifically
provide for enforcement by the City in addition to
the landowners within the development.
(1) The planned development can be substantially
completed within the period of time specified in
the schedule of development submitted by the
developer.
(2) The planned development will not substantially
injure or damage the use, value and enjoyment of
surrounding property nor hinder or prevent the
development of surrounding property in accordance
with the land use plan.
(3) The site will be accessible from public roads that
are adequate to carry the traffic that will be
imposed upon them by the proposed development and
the streets and driveways on the site of the
proposed development will be adequate to serve the
residents, occupants, or users of the proposed
development. Traffic control signals will be
provided without expense to the City when the
Governing Body determines that such signals are
required to prevent traffic hazards or congestion
in adjacent streets.
(4) The development will not impose an undue burden on
public services and facilities, such as fire and
police protection.
(5) The entire tract or parcel of land to be occupied
by the planned development shall be held in a
single ownership, or if there are two or more
owners, the application for such planned development
shall be filed jointly by all such owners.
(6) The development plan shall contain such proposed
covenants, easements and other provisions relating
to the bulk, location and density of residential
buildings, nonresidential uses and structures,
and public facilities as are necessary for the
welfare of the planned development and are not
inconsistent with the best interests of the area.
Such covenants, easements and other provisions, if
part of the development plan as finally approved,
may be modified, removed or released only with the
consent of the Governing Body after a public
hearing before, and recommendations by, the
Planning Commission as provided in Section
36-703(2)A. All such covenants shall specifically
provide for enforcement by the City in addition to
the landowners within the development.
u
1
(7) The Planning Commission may designate divisible
geographic areas of the entire parcel to be
developed as a planned unit development and shall,
in such case, specify reasonable periods within
which development of each such area must be
commenced. In the case of residential planned
developments and general planned developments
which contain residential buildings, the Planning
Commission may permit in each area deviations from
the number of dwelling units per acre established
for the entire planned development, provided such
deviation shall be adjusted for in other sections
of the development so that the number of dwelling
units per acre authorized for the entire planned
development is not affected. The period of time
established for the completion of the entire
development and the commencement date for each
section thereof may be modified from time to time
by the Planning Commission, upon the showing of
good cause by the developer, provided that in no
case shall any extension of time exceed 12 months.
The developer shall provide and record easements,
covenants, shall make such other arrangements, and
shall furnish such performance bond, escrow
deposit, or other financial guarantees as may
be determined by the Planning Commission to be
reasonably required to assure performance in
accordance with the development plan and to protect
the public interest in the event of abandonment of
said plan before completion.
(8) The location and arrangement of structures,
parking areas, walks, lighting and appurtenant
facilities shall be compatible with the surrounding
land uses, and any part of a planned development
not used for structures, parking and loading
areas, or accessways, shall be landscaped or
otherwise improved, unless said open space would
accomplish the intent of this section, if left in
its natural state.
(9) When business or manufacturing structures or uses
in a planned development district abut a residentia
district or residential buildings in the same
development, screening shall be provided. In no
event shall a business or manufacturing structure
in a planned development district be located
nearer than 100 feet to a residential building.
(10) Notwithstanding any of the other provisions of
this Chapter, when a shopping center is developed
as a planned development district, such shopping
center shall provide a parking space in off-street
parking for each 200 square feet of floor area in
the structures located in the planned shopping
center development. Such off-street parking
facilities shall comply with the provisions of
Article X of this Chapter.
(11) The specifications for the width and surfacing of
streets and highways, alleys, ways for public
utilities, for curbs, gutters, sidewalks, street
lights, public parks and playgrounds, school
grounds, storm drainage, water supply and
distribution, sanitary sewers and sewage collection
and treatment established in the Subdivision
Regulations of the City, as amended from time to
time may, within the limits hereinafter specified,
be waived or modified by the Planning Commission
C
where the Commission finds that such specifications
are not required in the interests of the residents
or occupants of the planned development and that
the waiver or modification of such specifications
would not be inconsistent with the interests of
the City.
(12) Any modifications of the zoning or other regulations
that would otherwise be applicable to the site are
warranted by the design to the development plan,
and the amenities incorporated in it, and are not
inconsistent with the interest of the public
generally.
Sec. 36-702(2). Standards for Residential Planned Developments
and General Planned Developments containing residential buildings.
A. Any development plan that does not propose to increase
the number of dwelling units per acre that would
otherwise be permitted on the property under the
Zoning Regulations otherwise applicable thereto shall
be prima facie qualified for preliminary approval
insofar as residential density is concerned. A
development plan may provide for a greater number of
dwelling units per acre than would be permitted by the
Zoning Regulations otherwise applicable to the site,
but if the number of dwelling units per acre exceeds by
more than 10 percent that permitted by the Zoning
Regulations otherwise applicable to the site, the
developer has the burden to show that such excess will
not have an undue and adverse impact on existing public
facilities and on the reasonable enjoyment of neighborin
property. The Planning Commission, in determining the
reasonableness of a proposed increase in the number of
dwelling units per acre, shall recognize that increased
density may be compensated for by additional private
amenities and by increased efficiency in public services
to be achieved by (a) the amount, location and proposed
use of common open space, and (b) the location, design
and type of dwelling units. The Planning Commission
shall, in its determination, also consider that the
physical characteristics of the site may make increased
densities appropriate in the particular location.
B. When common open space is provided in a development
plan, the amount and location of such common open space
shall be consistent with the declared function of the
common open space as set forth in the application for
a planned development district. The development plan
shall include such provisions for the ownership and
maintenance of the common open space as are reasonably
necessary to ensure its continuity, care, conservation
and maintenance, and to ensure that remedial measures
will be available to the City if the common open space
is permitted to deteriorate or is not maintained in a
condition consistent with the best interest of the
planned development or of the City.
C. When a planned development includes common open space,
such common open space shall not be used for the
construction of any structure which is inconsistent
with its intended use, nor shall such open space ever
be computed as a part of the required minimum lot area,
or any required yard, of any other structure. Adequate
safeguards, including recorded covenants, shall be
provided to prevent the subsequent development and the
future construction of structures on such open space.
When a structure is permitted in said open space, its
construction shall be allowed only after receiving
specific approval from the Planning Commission.
F
1
1
D. The total ground area occupied by buildings and structure
shall not exceed 35 percent of the total ground area of
the planned development.
E. Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the
use of the residents of the planned development.
F. Nonresidential uses of a business character shall be
designed or intended to serve principally the residents
of the planned development. No structure designed or
intended to be used, in part or in whole, for business
purposes shall be constructed prior to the construction
of not less than 30 percent of the total number of
dwelling units proposed in the development plan.
G. Planned developments in areas that are on the fringes
of urban development or are in largely undeveloped
areas shall maintain the following minimum yards:
(1) The distance at the closest point between any
structure and the boundary of the planned development
district shall be at least two times the perpendicular
distance from the lowest first floor window sill
to the highest point on the roof of the structure.
(2) When two or more structures are located in any
proposed planned development, the distance at the
closest point between any two structures containing
residential uses, or between a structure containing
residential uses and any other structure, shall be
equal to two times the perpendicular distance from
the lowest first floor window sill of any structure
containing residential uses to the highest point
in the roof of the other structure.
"Section 36-703. Procedure for securing approval of a planned
development and the establishment of a Planned
Development District.
Sec. 36-703(1). Preliminary Development Plan.
A. A developer seeking the establishment of a planned
development district shall prepare and submit to the
Planning Commission a preliminary development plan for
such planned development district.
B. The preliminary development plan shall contain the
following documents and information:
(1) A survey of the tract that is to be developed
showing existing features of the property including
streets, alleys, easements, utility lines, existing
land use, general topography, physical features,
and drainage.
(2) A site plan showing the location and arrangement
of all existing and proposed structures, the
proposed traffic circulation pattern within the
development, the areas to be developed for parking,
the points of ingress and egress, including
access streets where required, the relationship of
abutting land uses and zoning districts, proposed
lots and blocks, if any, proposed public or common
open space, if any, including parks, playgrounds,
school sites, and recreational facilities, and
proposed drainage.
(3) A preliminary plat of subdivision for which
approval has been secured pursuant to the applicabl
ordinances, rules and regulations relating to
subdivision approval or a copy of the existing
recorded plat which is appropriate for the intended
plan.
(4) A statement of the anticipated residential density
(when applicable), the proposed total gross floor
area, and the percentage of the development which
is to be occupied by structures.
(5) Preliminary sketches of the proposed structures
and landscaping.
(6) When a planned development is to be constructed in
stages, a schedule for the development of such
stages shall be submitted. No such stage shall
have a residential density that exceeds by more
than 20 percent the proposed residential density
of the entire planned development. When a planned
development provides for common open space, the
total area of common open space provided at any
stage of development shall, at a minimum, bear the
same relationship to the total open space to be
provided in the entire planned development as the
stages completed or under development bear to the
entire planned development.
(7) Evidence that the applicant has sufficient control
over the tract to effectuate the proposed plan,
including a statement of all the ownership and
beneficial interests in the tract of land and the
proposed development.
When it deems it to be necessary, the Planning
Commission may require a traffic survey setting
out and analyzing the effect that the planned
development will have upon traffic in the streets
and thoroughfares adjacent to and in the vicinity
of the proposed development.
A statement showing the relationship of the
planned development to the comprehensive plan and
future land use plan for the City.
In the case of general planned developments, a
statement identifying the principal types of
business and/or industrial uses that are to be
included in the proposed development.
When a planned development includes provisions for
common open space, or recreational facilities, a
statement describing the provision that ids to be
made for the care and maintenance of such open
space or recreational facilities. If it is
proposed that such open space be owned and/or
maintained by any entity other than a governmental
authority, copies of the proposed articles of
incorporation and by-laws of such entity shall be
submitted.
(12) Copies of any restrictive covenants that are to be
recorded with respect to property included in the
planned development district.
(8)
(9)
(10)
(11)
over the tract to effectuate the proposed plan,
including a statement of all the ownership and
beneficial interests in the tract of land and the
proposed development.
When it deems it to be necessary, the Planning
Commission may require a traffic survey setting
out and analyzing the effect that the planned
development will have upon traffic in the streets
and thoroughfares adjacent to and in the vicinity
of the proposed development.
A statement showing the relationship of the
planned development to the comprehensive plan and
future land use plan for the City.
In the case of general planned developments, a
statement identifying the principal types of
business and/or industrial uses that are to be
included in the proposed development.
When a planned development includes provisions for
common open space, or recreational facilities, a
statement describing the provision that ids to be
made for the care and maintenance of such open
space or recreational facilities. If it is
proposed that such open space be owned and/or
maintained by any entity other than a governmental
authority, copies of the proposed articles of
incorporation and by-laws of such entity shall be
submitted.
(12) Copies of any restrictive covenants that are to be
recorded with respect to property included in the
planned development district.
�I
n
i
Sec. 36-703(2). Action on Preliminary DeveZopment Plan.
A. Hearing, Findings and Recommendation of Planning
Commission. The Planning Commission shall, within 45
days after a preliminary development plan is filed with
it, hold a public hearing on the preliminary development
plan after giving the notice required by Article II of
this Chapter for hearings on amendments. Such public
hearing shall consider all aspects of the preliminary
development plan including all proposed stages and/or
units of development. Within 10 days after the last
public hearing on such plan, the Planning Commission
shall prepare and transmit to the Governing Body and to
the developer specific findings of fact with respect to
the extent to which the preliminary development plan
complies with the standards set out in this section,
together with its recommendations to the Governing Body
with respect to the action to be taken on the preliminary
development plan. The Commission may recommend disapproval,
approval, or approval with amendments, conditions or
restrictions. Copies of the findings and recommendations
of the Planning Commission shall be made available to
any other interested persons.
B. Action by the Governing Body. The Governing Body shall
approve or disapprove the preliminary development plan
within 21 days after it receives the findings and
recommendations of the Planning Commission thereon. If
the preliminary development plan is disapproved, the
developer shall be furnished with a written statement
of the reasons for disapproval of the plan. If the
preliminary development plan is to be approved, the
Governing Body shall, after receiving from the developer
any acceptance required by Section 36-703(2)C, below,
adopt an ordinance approving the preliminary development
plan, and establishing a planned development district
for the parcel or tract of land included in the
preliminary development plan.
C. Restrictions and Conditions. The Governing Body may
alter the preliminary development plan, and impose such
restrictions and conditions on the planned development
as it may deem necessary to insure that the development
will be in harmony with the general purpose and intent
of this Chapter and with the comprehensive plan of the
City. When the Governing Body alters the preliminary
development plan, or imposes any restrictions or
conditions on such plan, the developer shall have 15
days within which to file an acceptance of such
alterations, restrictions or conditions with the
Governing Body. When an acceptance is required by this
section, no ordinance approving a preliminary developmen
plan and establishing a planned development district
shall be adopted until such acceptance has been filed
with the Planning Commission.
D. Form of Ordinance. An ordinance approving a planned
development and establishing a planned development
district shall specify the zoning regulations and
restrictions that will, pursuant to the development
plan, apply in the planned development district and
shall describe the boundaries of such district or set
such boundaries out on a map that is incorporated and
published as a part of such ordinance. Such ordinance
shall also specify the conditions and restrictions that
have been imposed by the Governing Body on the planned
development, and the extent to which the otherwise
applicable district regulations have been varied or
modified. When the Planning Commission has designated
divisible geographic areas that may be developed as a
planned unit development, the ordinance shall authorize
the Planning Commission to modify the schedule of
development to the extent set out in Section 36-702(1)A(4).
"Section 36-704. Status of Preliminary Development Plan after approval,
Sec. 36-704(1). Within 7 days after the adoption of an ordinance
approving a preliminary development plan and establishing a planned
development district, such ordinance shall be certified by the City
Clerk and shall be filed in the office of the Zoning Administrator.
A certified copy shall be mailed to the developer. When approval of
a preliminary plan has been granted, the same shall be noted on the
zoning map maintained in the office of the Zoning Administrator.
Sec. 36-704(2). Preliminary approval of a development plan shall
not qualify said plan for recording. A development plan which has
been given preliminary approval as submitted or which has been given
preliminary approval with alterations, conditions and restrictions,
which have been accepted by the developer (and provided that the
developer has not defaulted or violated any of the conditions of the
preliminary approval), shall not be modified or revoked or otherwise
impaired by action of the City pending an application or applications
for approval of a final development plan without the consent of the
developer, provided an application for final approval is filed, or in
the case of staged developments, provided applications are filed,
within the time or times specified in the ordinance granting approval
of the preliminary plan. If no time is specified in such ordinance,
then an application for approval of a final development plan, or all
stages thereof, shall be filed within three years.
See. 36-704(3). In the event that a development plan is given
preliminary approval and thereafter, but prior to approval of a final
development plan, the developer shall:
A. Choose to abandon said plan and shall so notify the
Planning Commission in writing; or
B. Shall fail to file an application, or applications, for
approval of a final plan within the required time
period, the the preliminary plan shall be deemed to be
revoked.
When a preliminary plan is revoked, all that portion of the preliminary
plan for which final approval has not been given shall be subject to
those provisions of the Zoning Regulations and other local ordinances,
that were applicable thereto immediately prior to the approval of the
preliminary plan, as they may be amended from time to time. The
Governing Body shall forthwith adopt an ordinance repealing the
planned development district for that portion of the development that
has not received final approval and re-establishing the zoning and
other regulatory provisions that would otherwise be applicable. When
a preliminary development plan is revoked, such revocation shall be
noted on the zoning map in the office of the Zoning Administrator and
in the records of the City Clerk.
"Section 36-705. Application for approval of Final Development Plan.
Sec. 36-705(1). An application for approval of a final developmen
plan may be filed for all the land included in a planned development
or for a stage thereof. Such application shall be filed by the
developer with the Planning Commission within the time specified in
Section 36-704(2) of this Chapter and shall be in substantial complianc
with the preliminary development plan as approved. The application
shall include:
A. A detailed site plan showing the physical layout and
design of all streets, easements, rights-of-way, lots,
blocks, common open space, structures and uses.
B. Preliminary building plans, including exterior elevations.
C. Landscaping plans.
D. Copies of any proposed easements and restrictive
covenants.
1
E. Proof of the establishment and activation of any
entity that is to be responsible for the management and
maintenance of any common open space.
F. Evidence that no lots, parcels or tracts or dwelling
units in such development have been conveyed or leased
prior to the recording of any restrictive covenants
applicable to such planned development.
G. Such bonds and other documents that may have been
required pursuant to Sections 36-702(1)A(7), 36-703(2)C,
and 36-703(2)D.
H. A final subdivision plat for which approval has been
secured pursuant to the applicable ordinances, rules
and regulations relating to subdivision approval.
In accordance with the schedule proposed in the application for
approval of the preliminary plan, the developer may elect to file an
application for final approval of only a geographic area of the land
included in the plan and may delay, within the time limits authorized
by the ordinance, application for final approval of other areas. A
public hearing by the Planning Commission on an application for
approval of the final development plan, or area thereof, shall not be
required provided the final plan, or the area thereof submitted for
final approval, is in substantial compliance with the preliminary
development plan theretofore given approval.
Sec. 36-705(2). A development plan submitted for final approval
shall be deemed to be in substantial compliance with the preliminary
plan, as approved, provided any modification by the developer of the
preliminary plan, as approved, does not:
A. Vary the proposed gross residential density or intensity
of use by more than five percent; or
B. Involve a reduction of the area set aside for common
open space; or
C. Increase by more than five percent the floor area
proposed for nonresidential use; or
D. Increase by more than five percent the total ground
area covered by buildings.
A public hearing shall not be held to consider modifications in the
location and design of streets or facilities for water and for disposal
of storm water and sanitary sewerage.
Sec. 36-705(3). A public hearing shall not be held on an application
for approval of a final development plan when said plan is in substantial
compliance with the preliminary plan. When the application for final
approval has been filed, together with all drawings, specifications
and other documents required in support thereof, the Planning Commission
shall, within 21 days of filing, grant such plan final approval.
Sec. 36-705(4). In the event that the final development plan is
not in substantial compliance with the preliminary plan, the Planning
Commission shall, within 21 days of the date the application for
approval of the final plan is filed, so notify the developer in
writing, setting out the particular ways in which the final plan is
not in substantial compliance with the preliminary plan. The developer
may make such changes in the final plan as are necessary to bring it
into compliance with the preliminary plan, or he may file a written
request with the Planning Commission that it hold a public hearing on
his application for final approval. In the event the developer shall
fail to take either of these alternate actions within 60 days, he
shall be deemed to have abandoned the plan. Such public hearing
shall be held, notice thereof shall be given, and the hearing shall
Sec. 36-705(6). In the event that a final development plan, or
area thereof, is approved and thereafter the developer shall abandon
part or all of said development plan and shall so notify the Planning
Commission in writing, then no development or further development
shall take place on the property included in the development plan
until after the said property has been reclassified by enactment of
an amendment to this ordinance in the manner prescribed for such
amendments in Article II of this Chapter. However, if the development
is not completed within two (2) years after the approved completion
date, the Planning Commission may re-evaluate said plan and recommend
appropriate action to the Governing Body.
"Section 36-706. Amendments.
A planned development district ordinance or an approved preliminar
or final development plan may be amended by the Governing Body, but
only after a public hearing has been held pursuant to notice by
Section 36-203(1) of this Chapter and findings of fact and recommendati
have been prepared by the Planning Commission and transmitted to the
Governing Body in the manner required by Section 36-703(2)A hereof.
Nothing in this section shall be construed as requiring a public
hearing in the case of minor alterations. The determination of the
need for a public hearing shall be at the discretion of the Zoning
Administrator.
"Section 36-707. Recording.
Upon approval of the final development plan by the Planning
Commission, the same, together with the final subdivision plat shall
be recorded with the Register of Deeds in the manner prescribed in the
Subdivision Regulations.
"Section 36-708 - 36-799. Reserved.
ARTICLE VIII.
FLOOD PLAIN ZONING DISTRICT
"Section 36-800. Statutory authorization.
The provisions for flood plain protection are adopted pursuant to
the authorization contained in Kansas Statutes Annotated Sections 12-
705, 12-707, 12-710, and 12-734-735.
be conducted in the manner prescribed in Sections 36-203, 36-203(1)
and 36-203(2) of this Chapter. Within 14 days after the conclusion
of the public hearing, the Planning Commission shall, by resolution,
either grant or deny approval of the final plan. The denial or
approval of the final plan shall, in cases arising under this paragraph
be in the form and contain the findings required for a recommendation
on an application for approval of a preliminary development plan set
out in Section 36-703(2)A of this Chapter.
Sec. 36-705(5). A final development plan, or any area thereof,
that has been approved by the Planning Commission shall be so certified
without delay by the City Clerk and shall be filed of record in the
office of the Zoning Administrator before any development shall take
place in accordance therewith. In the event the Planning Commission
fails to act, either by grant or by denial of final approval within
the time prescribed, the final plan shall be deemed to be approved.
Pending completion within a reasonable time of said planned development,
or of any area thereof, that has been finally approved, no modification
of the provisions of said plan, or area thereof, as finally approved,
shall be made except with the consent of the developer.
Sec. 36-705(6). In the event that a final development plan, or
area thereof, is approved and thereafter the developer shall abandon
part or all of said development plan and shall so notify the Planning
Commission in writing, then no development or further development
shall take place on the property included in the development plan
until after the said property has been reclassified by enactment of
an amendment to this ordinance in the manner prescribed for such
amendments in Article II of this Chapter. However, if the development
is not completed within two (2) years after the approved completion
date, the Planning Commission may re-evaluate said plan and recommend
appropriate action to the Governing Body.
"Section 36-706. Amendments.
A planned development district ordinance or an approved preliminar
or final development plan may be amended by the Governing Body, but
only after a public hearing has been held pursuant to notice by
Section 36-203(1) of this Chapter and findings of fact and recommendati
have been prepared by the Planning Commission and transmitted to the
Governing Body in the manner required by Section 36-703(2)A hereof.
Nothing in this section shall be construed as requiring a public
hearing in the case of minor alterations. The determination of the
need for a public hearing shall be at the discretion of the Zoning
Administrator.
"Section 36-707. Recording.
Upon approval of the final development plan by the Planning
Commission, the same, together with the final subdivision plat shall
be recorded with the Register of Deeds in the manner prescribed in the
Subdivision Regulations.
"Section 36-708 - 36-799. Reserved.
ARTICLE VIII.
FLOOD PLAIN ZONING DISTRICT
"Section 36-800. Statutory authorization.
The provisions for flood plain protection are adopted pursuant to
the authorization contained in Kansas Statutes Annotated Sections 12-
705, 12-707, 12-710, and 12-734-735.
n
"Section 36-801. Purpose.
The uncontrolled use of flood plains, rivers and streams, as well
as filling, construction and certain other land practices in the flood
plain of the City of Salina adversely affect the public health,
safety and welfare and impairs the tax base of the City. In addition,
extraordinary public expenditures may be required for the protection
of persons and property and for the relief of distress in areas
subject to periodic flooding. Therefore, it is the purpose of this
section to:
A. Prohibit the placement of fill, materials and structures
which would unduly obstruct flood flows. Subject to
the provisions of Sections 36-803(3), 36-804, 36-805,
and 36-806, a total prohibition will exist in areas
designated as floodway and a partial prohibition will
exist in areas designated as flood fringe.
B. Protect human life and health, prevent property damage,
minimize business interruptions and minimize rescue
and relief efforts, which generally must be undertaken
at public expense.
C. Minimize expenditures of public monies for costly
flood control projects and minimize the damage to
public facilities in the flood plain, such as water
mains, sewer lines, streets and bridges.
D. Minimize flood blight areas and maintain property
values and a stable tax base adjacent to the flood
plain.
E. Discourage the victimization of unwary home and land
buyers.
"Section 36-802. Warning and disclaimer of liability.
The degree of flood protection required by this section is
considered to be reasonable for regulatory purposes and is based on
engineering and scientific methods of review and evaluation. However,
larger floods may occur on rare occasions or the flood height may be
increased by man-made or natural causes. This section does not imply
that areas outside the flood plain districts or land uses permitted
within such districts will be free from flooding or flood damage.
This section shall not create liability on the part of the City or
any officer or employee thereof for any flood damages that results
from reliance on this section or on any administrative decision
lawfully made thereunder.
"Section 36-803. General provisions.
Sec. 36-803(1). Lands to which the Flood Plain section applies.
This section shall apply to all flood plain areas within the City of
Salina and to all flood plain areas in unincorporated territory lying
outside of but within three (3) miles of the nearest point on the
city limits provided that the unincorporated territory has not been
designated a flood plain zone or district by any other governmental
unit or subdivision.
Sec. 36-803(2). Flood Plain defined. A "flood plain" for the
purposes of establishing a zone or district or for imposing restrictions
upon the use of land under the provisions of this section shall
include the watercourse and land adjacent to a watercourse subject
to inundation from a flood having a chance occurrence in any one year
of one percent (1%). This is the 100 -year flood line.
1
1
Sec. 36-803(3). FZoodway and Flood Fringe defined.
A. floodway. The channel of a stream or other watercourse,
and the land areas adjacent to the stream channel, that
are required to carry and discharge the flood waters of
the regulatory flood (the 100 -year flood) without undue
restriction.
B. Flood Fringe. That portion of the flood plain lying
outside of the floodway, i.e., subject to being covered
by flood waters of a flood of a given magnitude, but
not required to carry and discharge the flood waters.
Sec. 36-803(4). National Flood Insurance. Nothing in this
section or in any regulations adopted hereunder shall be construed as
affecting the eligibility of any existing structure located within
the flood plain for flood insurance under the National Flood Insurance
Act of 1968.
"Section 36-804. Establishment of Flood Plain District.
The flood plain area within the jurisdiction of this section is
hereby declared to be one district, the general Flood Plain District
(FP), as set forth on the Zoning Map of the City of Salina attached
hereto and made a part of these Regulations. The City shall also
designate on the Zoning Map those areas determined to be in the
floodway portion and the flood fringe portion of the Flood Plain
District, pending determination of those areas by the appropriate
state or federal agency. The Flood Plain District shall be considered
an overlay zoning district in that the existing underlying zoning
districts and their district regulations shall apply in addition to
and complementary to those provisions.
"Section 36-805. Adoption of engineering criteria.
The Flood Plain District established and shown on the District
Zoning Map has been delineated by use of studies and information
developed by the Corps of Engineers, U. S. Army, Kansas City District.
Reports issued by that agency entitled, "Flood Plain Information,
Mulberry Creek, Dry Creek, Salina, Kansas", dated March, 1972, and
"Flood Plain Information, Smoky Hill River, Saline River, Dry Creek
Diversion, Salina, Kansas", dated June, 1972, shall be used by the
Planning Commission in evaluating and administering the provisions of
the regulations contained within this Article VIII. Elevation informati
contained in the aforementioned reports shall be used to determine the
exact location and limits of the "FP" Flood Plain District and said
elevation information supercedes the "FP" delineation on the District
Zoning Map. For the purposes of these Regulations, the "Intermediate
Regional Flood" shall be the Regulatory Flood having a chance occurrence
in any one year of 1% (the average 100 -year frequency flood), and
shall be used as the criteria for determining floodwater inundation
areas included within the Flood Plain District and the floodwater
surface elevations within that district.
"Section 36-806. Permitted uses.
Sec. 36-806(1). The following open space uses shall be permitted
with the General Flood Plain District to the extent that they are not
prohibited by ordinance, or State or Federal statute, and provided
they do not require structures, fill or storage materials and/or
equipment:
A. Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming and forestry.
B. Fishing, hunting, preservation of scenic and scientific
areas, public or private fish hatcheries, soil and
water conservation, and wildlife perserves.
C. Loading areas, parking areas, lawns, gardens, play
areas, airport landing strips, and railroads.
D. Private and public recreation uses, such as golf
courses, tennis courts, archery and firearms ranges,
picnic grounds, boating and swimming areas, parks,
shooting preserves, hiking and horseback trails.
E. Other similar open space uses.
"Section 36-807. Conditional uses.
The following uses may be permitted as conditional uses subject
to the provisions of this article and of Section 36-1201(2) of this
Chapter.
Sec. 36-807(1). In the FZoodway portion of the Flood PZain
District:
A. Uses or structures accessory to open space uses.
B. Drive-in theatres, new and used car lots, roadside
stands, signs, and billboards.
C. Extraction of sand, gravel, and other materials.
D. Marinas, boat rentals, docks, piers, and wharves.
E. Streets, bridges, utility transmission lines and
pipelines.
F. Other similar uses consistent with the standards set
forth in Section 36-808, below.
Sec. 36-807(2). In the Flood Fringe portion of the Flood PZain
District:
A. All uses which are permitted or conditional uses in the
underlying zone may be allowed as conditional uses in
the flood fringe subject to the standards, factors, and
conditions set forth in Section 36-808 and 36-809.
"Section 36-808. Standards for issuance of conditional use permit
in Flood Plain District.
Sec. 36-808(1). In the FZoodway portion of the FZood.PZain
District:
A. No structure, fill, or use will be allowed as a conditional
use which unduly affects the capacity of the floodway
or unduly increases flood heights. Structures shall be
firmly anchored to prevent flotation which may cause
additional damage.
B. Any fill or dumping proposed to be deposited in the
floodway must be shown to have a beneficial purpose
and the amount thereof shall not be greater than is
necessary to achieve that purpose as demonstrated by a
plan submitted by the owner showing the uses to which
the filled land will be put and the final dimensions
of the proposed fill.
C. The storage of materials that are in time of flooding,
buoyant, flammable, explosive or potentially injurious
to human life or property shall be prohibited; storage
of other materials may be allowed if not subject to
major damage by floods and if firmly anchored to
prevent flotation or readily removable after flood
warning.
Sec. 36-808(2). In the FZood Fringe portion of the Flood PZain
District:
A. All structures to be erected, constructed, reconstructed,
altered or moved shall be constructed on fill with the
finished surface of the basement, or first floor in
structures without basements, at or above a point two
feet above the regulatory flood elevation line. The
fill shall extend at such elevation at least 15 feet
beyond the limits of the structure.
B. Where existing public streets or other circumstances
make compliance with Section 36-808(2)A impractical,
or in other special circumstances, the Board of Zoning
Appeals may authorize other flood proofing measures in
lieu of fill in accordance with Section 36-809(2).
C. Accessory uses such as railroad tracks and yards and
parking lots may be at lower elevations.
D. The storage or processing of materials that are buoyant,
flammable, or explosive in times of flooding and are
potentially injurious to human life or property shall
be at or above a point two feet above the regulatory
flood elevation line.
"Section 36-809. Factors and conditions for consideration of Board
of Zoning Appeals in granting conditional use
permits in the Flood Plain District.
Sec. 36-809(1). In addition to the requirements of Section
36-1201(2) of this Chapter, when a provision of this section is involve
no conditional use permit shall be granted by the Board of Zoning
Appeals without specific consideration of the following factors:
A. The danger to life and property due to increased flood
heights or velocities caused by encroachments.
B. The danger that materials may be swept onto lands or
down stream to the injury of others.
C. The proposed water supply and sanitation systems and
the ability of these systems to prevent the occurrence
of disease, contamination and unsanitary conditions.
D. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
E. The importance of the services provided by the proposed
facility or use to the community.
F. The requirements of the facility or use for a waterfront
location.
G. The availability of alternative locations not subject
to flooding for the proposed use.
H. The compatibility of the proposed use with existing
development and development in the near future.
I. The relationship of the proposed use to the comprehensiv
plan and flood plain management program for the area.
J. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
K. The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters expected at
the site.
L. Such other factors as are relevant to the purposes of
the regulations.
Sec. 36-809(2). In addition to the conditions which may be
imposed under Section 12-1201(2) of this Chapter, when a provision of
this section is involved, the Board of Zoning Appeals may also impose
any of the following conditions which it deems necessary:
A. Requirement for construction of channel modifications,
dikes, levees, and other protective measures.
B. Flood proofing measures. Flood proofing measures such
as the following may be required at or above a point
two feet above the 100 -year flood elevation line:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads and
shutters, or similar methods of construction.
(3) Reinforcement of walls to resist water pressure.
(4) Use of paints, membranes, or mortars to reduce
seeping of water through walls.
(5) Addition of mass or weight to structures to
resist flotation.
(6) Installation of pumps to lower water levels in
structures.
(7) Construction of water supply and waste treatment
systems so as to prevent the entrance of flood
water.
(8) Pumping facilities or comparable practices for
subsurface drainage systems for buildings to
relieve external foundation and wall basement
flood measures.
(9) Construction to resist rupture or collapse caused
by water pressure or floating debris.
(10) Installation of valves or controls on sanitary and
storm drains which will permit the drains to be
closed to prevent back-up of sewage and storm
waters into buildings or structures. Gravity
draining of basements may be eliminated by use
of mechanical devices.
(11) Location of all electrical equipment, circuits,
and installed electrical appliances so as to
provide protection from inundation by the regional
flood.
(12) Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable
liquids or other toxic materials which could be
hazardous to public health, safety and welfare at
a point above the regulatory flood elevation or
their flood proofing so as to prevent flotation of
storage containers, or damage to these which could
result in the escape of toxic materials into flood
waters.
1
"Section 36-810. Variances.
In addition to the requirements of Section 36-1201 of this
Chapter, no variance in the Flood Plain District shall have the
effect of allowing uses prohibited in the District, permit a lower
degree of flood protection, or permit standards lower than those
required by State Enabling Legislation.
"Section 36-811. Flood Plain nonconforming uses.
Whenever any structure subject to the General Flood Plain District
requirements becomes a nonconforming use under these provisions, it
shall be subject to the requirements and provisions of Article XI of
this Chapter.
"Section 36-812. Amendments to Flood Plain District regulations.
No amendments shall be made to this section that proposes to
create or to effect any change or variation in the Flood Plain District,
or that proposes to regulate or restrict the location and use of
structures, encroachments, and uses of land within such District
without the City first submitting such proposed change, accompanied by
complete maps, plans, profiles, specifications, textual matter and
other data and information to the Chief Engineer, Division of Water
Resources, Kansas State Board of Agriculture for written approval
thereof.
"Section 36-813. Violations.
In addition to the penalties and relief set forth in Section
36-1203 of this Chapter, in the event the violation relates to a
provision of this section on Flood Plain Zoning, the Attorney General
and the Chief Engineer of the Division of Water Resources of the
Kansas State Board of Agriculture may institute injunction, mandamus
or other appropriate action or proceedings to prevent the unlawful
erection, construction, reconstruction, alteration, conversion,
maintenance or use, or to correct or abate such violations, or to
prevent the occupancy of such building, structure or land.
"Sections 36-814 - 36-899. Reserved.
ARTICLE IX.
SIGNS
"Section 36-900. Sign permits.
No sign, except for normal repair and for signs listed in Section
36-903 and 36-904, shall be painted, constructed, erected, remodeled,
relocated or expanded until a zoning certificate (sign permit) for
such sign has been obtained pursuant to the procedure set forth
below.
"Section 36-901. Zoning Certificate (Sign Permit) required.
Sec. 36-901(1). The zoning certificate (sign permit) must be
obtained from the office of the Zoning Administrator.
Sec. 36-901(2). A zoning certificate (sign permit) shall be
either issued or refused by the Zoning Administrator within ten (10) da
after the receipt of an application therefor or within such further
period as may be agreed to by the applicant. No zoning certificate
for any sign shall be issued unless the sign complies with the regulati
of this article.
Sec. 36-901(3). A zoning certificate (sign permit) shall become
null and void four (4) months after the date on which it is issued
unless within such four-month period construction, building, moving,
remodeling or reconstruction of a structure or sign is commenced or a
use is commenced.
"Section 36-902. Siqn standards.
Sec. 36-902(2). Sign height shall be measured from ground level
at the base of or below the sign to the highest element of the sign.
Sec. 36-902(3). All signs must conform to the regulations and
design standards of the Building Code of the City and all wiring of
all electrical signs must conform to the Electrical Code of the City.
Sec. 36-902(4). Illuminated signs shall be shaded wherever
necessary to avoid direct casting of light upon property located in
any residential district or upon any public street or park. Any
illuminated sign located on a lot adjacent to or across the street
from any residential district, which sign is visible from such
residential district, shall be illuminated only during business hours
or between the hours of 7:00 A.M. and 10:00 P.M.
Sec. 36-902(5). No flashing signs are permitted. No animated
signs, signs with moving lights, or signs which create the illusion of
movement shall be permitted in any residential district, or in any C-1
or C-2 District. A sign whereon the current time and/or temperature
is indicated by intermittent lighting shall not be deemed to be a
flashing sign if the lighting changes are limited to the numerals
indicating the time and/or temperature. No revolving beacons shall be
allowed in any district.
Sec. 36-902(6). No sign shall block any required accessway or
window.
Sec. 36-902(7). No sign shall be attached to a tree or utility
pole whether on public or private property.
Sec. 36-902(8). On corner and through lots, each lot line that
abuts a street or highway shall be considered a separate street
frontage, and restrictions that are phrased in terms of "signs per
zoning lot" shall be deemed to permit the allowable number of signs
facing each street or highway that abuts the lot.
Sec. 36-902(9). No metal sign shall be located within eight (8)
feet vertically and four (4) feet horizontally of electric wires or
conductors in free air carrying more than 48 volts, whether or not
such wires or conductors are insulated or otherwise protected.
Sec. 36-902(10). No sign shall be maintained at any location
where by reason of its position, size, shape or color, it may obstruct,
impair, obscure, interfere with the view of, or be confused with, any
traffic control sign, signal or device, or where it may interfere
with, mislead or confuse traffic.
Sec 36-902(1). The gross surface area of a sign shall be the sum
of all surface areas of all the sign faces, that for
except signs
designed as double faced signs, with both faces parallel and the
distance between the faces does not exceed two (2) feet, then only one
face of the sign shall be considered in determining the gross surface
area. When two or more signs are located on a zoning lot, the gross
surface area of all signs on the lot shall not exceed the maximum
allowable by the district regulations. For computing the area of any
wall sign which consists of letters, numbers, and symbols mounted or
painted on a wall, the area shall be deemed to be the area of the
smallest rectangular figure which can encompass all of the letters,
numbers or symbols.
Sec. 36-902(2). Sign height shall be measured from ground level
at the base of or below the sign to the highest element of the sign.
Sec. 36-902(3). All signs must conform to the regulations and
design standards of the Building Code of the City and all wiring of
all electrical signs must conform to the Electrical Code of the City.
Sec. 36-902(4). Illuminated signs shall be shaded wherever
necessary to avoid direct casting of light upon property located in
any residential district or upon any public street or park. Any
illuminated sign located on a lot adjacent to or across the street
from any residential district, which sign is visible from such
residential district, shall be illuminated only during business hours
or between the hours of 7:00 A.M. and 10:00 P.M.
Sec. 36-902(5). No flashing signs are permitted. No animated
signs, signs with moving lights, or signs which create the illusion of
movement shall be permitted in any residential district, or in any C-1
or C-2 District. A sign whereon the current time and/or temperature
is indicated by intermittent lighting shall not be deemed to be a
flashing sign if the lighting changes are limited to the numerals
indicating the time and/or temperature. No revolving beacons shall be
allowed in any district.
Sec. 36-902(6). No sign shall block any required accessway or
window.
Sec. 36-902(7). No sign shall be attached to a tree or utility
pole whether on public or private property.
Sec. 36-902(8). On corner and through lots, each lot line that
abuts a street or highway shall be considered a separate street
frontage, and restrictions that are phrased in terms of "signs per
zoning lot" shall be deemed to permit the allowable number of signs
facing each street or highway that abuts the lot.
Sec. 36-902(9). No metal sign shall be located within eight (8)
feet vertically and four (4) feet horizontally of electric wires or
conductors in free air carrying more than 48 volts, whether or not
such wires or conductors are insulated or otherwise protected.
Sec. 36-902(10). No sign shall be maintained at any location
where by reason of its position, size, shape or color, it may obstruct,
impair, obscure, interfere with the view of, or be confused with, any
traffic control sign, signal or device, or where it may interfere
with, mislead or confuse traffic.
Sec. 36-902(11). No sign shall be located in any vision triangle
formed by the curb lines of any two intersecting streets, except signs
mounted ten (10) feet or more above the ground whose supports do not
constitute an obstruction. (See also Section 36-505).
Sec. 36-902(12). No sign shall be permitted to locate on public
property in any district, and no sign shall be permitted to project
over public property except as permitted by awning, canopy, marquee
and wall signs in the C-4 Commercial District.
Sec. 36-902(13). All signs which are more than four (4) feet
above grade shall be securely fastened so as to prevent movement.
Sec. 36-902(14). Any time a sign is removed from it's structural
support, except for the purposes of maintenance, repair, replacement,
repainting or cleaning, or due to an Act of God, the structural
support shall be removed within twenty-four (24) hours, provided
further, that if a sign removed for the purposes of maintenance,
repair, replacement, repainting or cleaning, or due to an Act of God,
if not reinstalled within thirty (30) days of said removal, then the
structural support shall be removed within twenty-four (24) hours.
"Section 36-903. Exemptions.
The following signs shall be exempt from the requirements of this
article:
A. Flags of a government or of a political, civic,
philanthropic, educational or religious organization,
displayed on private property.
B. Signs of a duly constituted governmental body, including
traffic or similar regulatory devices, legal notices,
warnings at railroad crossings, and other instructional
or regulatory signs having to do with health, hazards,
parking, swimming, dumping, etc.
C. Memorial signs and tablets displayed on private property
D. Address numerals and other signs required to be
maintained by law or governmental order, rule or regulat
provided that the content and size of the signs does
not exceed the requirements of such law, order, rule or
regulation.
E. Small signs, not exceeding five (5) square feet in
area, displayed on private property for the convenience
of the public, including signs to identify entrance and
exit drives, parking areas, one-way drives, restrooms,
freight entrances, and the like.
F. Scoreboards in athletic stadiums.
G. Political campaign signs not exceeding eight (8) square
feet in area and not displayed for more than twenty-one
(21) days.
"Section 36-904. Exemption from Zoning Certificate requirement.
The following signs shall be exempt from the zoning certificate
(sign permit) requirements of Section 36-901, but shall comply with
all of the other requirements of this article and of the applicable
district regulations:
A. Illuminated Nameplate Signs not exceeding two (2)
square feet in gross surface area accessory to a single
family or two-family dwelling.
B. Illuminated Identification Signs not exceeding forty
40 square feet in gross surface area accessory to a
multiple -family dwelling.
on,
C. Illuminated Bulletin Board Signs not exceeding forty
(40 square feet in gross surface area accessory to a
church, school or public or non-profit institution,
subject to the provisions of Section 36-902(4).
D. Illuminated Business Signs when located on property
used for agricultural purposes and pertaining to the
sale of agricultural products produced on the premises.
"Section 36-905. Classification of Signs - Functional Types.
Sec. 36-905(1). Advertising Sign. A sign which directs attention
to a business, commodity, service or entertainment conducted, sold, or
offered at a location other than the premises on which the sign is
located, or to which it is affixed (off -premise sign).
Sec. 36-905(2). Bulletin Board Sign. A sign that indicates the
name of an institution or organization on whose premises it is located
and which contains the name of the institution or organization, the
name or names of persons connected with it, and announcements of
persons, events or activities appearing or occurring at the institution
Such signs may also present a greeting or similar message.
Sec. 36-905(3). Business Sign. A sign which directs attention
to a business or profession conducted, or to a commodity or service
sold, offered or manufactured, or an entertainment offered, on the
premises where the sign is located or to which it is affixed.
Sec. 36-905(4). Construction Sign. A temporary sign indicating
the names of architects, engineers, landscape architects, contractors,
and similar artisans involved in the design and construction of a
structure or project only during the construction period and only on
the premises on which the construction is taking place.
Sec. 36-905(5). Identification Sign. A sign having the name and
address of a building, business, development or establishment. Such
signs may be wholly or partly devoted to a readily recognized symbol.
Sec. 36-905(6). NamepZate Sign. A sign giving the name and/or
address of the owner or occupant of a building or premises on which it
is located, and where applicable, a professional status.
Sec. 36-905(7). ReaZ Estate Sign. A sign pertaining to a sale
or lease of the lot or tract of land on which the sign is located, or
to the sale or lease of one or more structures, or a portion thereof
located thereon.
"Section 36-906. Classification of Signs - Structural Tvves.
Sec. 36-906(1). Awning, Canopy and Marquee Sign. A sign that
is mounted or painted on, or attached to, an awning, canopy or marquee
that is otherwise permitted by this Chapter. No such sign shall
project more than twenty-four (24) inches above, below, or twelve (12)
inches beyond the physical dimensions of the awning, canopy or marquee,
and a minimum of eight (8) feet of clearance shall be provided above
grade.
Sec. 36-906(2). Ground Sign. Any sign placed upon, or supported
by, the ground independently of the principal building or structure on
the property. Signs on accessory structures shall be considered
ground signs.
Sec, 36-906(3). Pole Sign. A sign that is mounted on a free-
standing pole, the bottom edge of which sign is six (6) feet or more
above ground level,
Sec. 36-906(4). Projecting Sign. A sign that is wholly or
partly dependent upon a building for support and which projects more
than twelve (12) inches from such building.
Sec. 36-906(5). WaZZ Sign. A sign fastened to or painted on a
wall of a building or structure in such a manner that the wall becomes
merely the supporting structure or forms the background surface, and
which does not project more than twelve (12) inches from such building.
Sec. 36-906(6). Roof Sign. A sign erected, constructed, and
maintained wholly upon or over the roof of a building and having the
roof as the principal means of support.
Sec. 36-906(7). MobiZe Sign. A sign which is designed to be
easily transported and is attached to a trailer or other non -motive
powered vehicle.
"Section 36-907. District requlations.
Sec. 36-907(1). A-1. AgricuZturaZ District.
A. Functional Types Permitted. Any type listed in Section
36-905.
B. Structural Types Permitted. Any type listed in Section
36-906.
C. Number of Signs Permitted. One per zoning lot provided
that advertising signs shall not be permitted within
five hundred (500) feet of a residence and not closer
than five hundred (500) feet from another advertising
sign.
D. Maximum Gross Surface Area.
(1) Advertising sign: Four hundred (400) square feet.
(2) All other types: Thirty-two (32) square feet.
E. Maximum Height. Thirty (30) feet.
F. Required Setback. None required, except that any sign
which exceeds two hundred (200) square feet in gross
surface area shall maintain the same setback that is
required for principal structures and in no case shall
a sign project over public property.
G. Illumination. Illumination of signs is prohibited.
Sec. 36-907(2). RS, R, R-1, R-2, R-3, and MH ResidentiaZ
Districts and U, University District.
A. Functional Types Permitted.
(1) Bulletin board signs.
(2) Construction signs.
(3) Identification signs.
(4) Nameplate signs.
(5) Real estate signs.
B. Structural Types Permitted.
(1) Ground signs.
(2) Pole signs.
(3) Wall signs.
C. Number of Signs Permitted. One per zoning lot, except
that a maximum of three construction signs is permitted.
D. Maximum Gross Surface Area.
(1) Bulletin board signs: Sixteen (16) square feet.
(2) Construction signs: Thirty-two (32) square feet.
(3) Identification signs: Twelve (12) square feet.
(4) Nameplate signs: Two (2) square feet.
(5) Real estate signs: Eight (8) square feet per lot,
provided that one sign of not more than one hundred
(100) square feet in area announcing the sale of
lots and/or houses in a subdivision may be located
on such development. Such signs shall be removed
at the end of three (3) years from the date of
issuance of permit, or when seventy-five (75)
percent of the lots in the subdivision or
development have been sold, whichever occurs
sooner.
E. Maximum Height.
(1) All signs shall be placed flat against a building
or designed as part of an architectural feature
thereof except that signs may be detached if they
do not exceed a height of six (6) feet or project
into any required building setback area.
(2) No height limit is specified for signs placed flat
against or painted on the wall of a building, or
other attached signs provided all other provisions
of this section are complied with.
F. Required Setback. All signs, except real estate and
construction signs, shall maintain the same setback
required for principal structures.
G. Illumination. No sign shall be illuminated, except
that bulletin board signs may be indirectly illuminated
so as to avoid the direct casting of light upon any
residential building.
Sec. 36-907(3). C-1. Restricted Business District.
A. Functional Types Permitted. Any type listed in Section
36-905, except advertising signs.
B. Structural Types Permitted. Any type listed in Section
36-906, except roof signs, projecting signs, and mobile
signs.
C. Number of Signs Permitted.
(1)
Ground sign:
One
per
zoning
lot.
(2)
Pole sign:
One
per
zoning
lot.
(3)
Others:
Two
per
zoning
lot.
D. Maximum Gross Surface Area. One (1) square foot of
sign area for each lineal foot of building frontage,
not to exceed thirty-two (32) square feet.
E. Maximum Height.
(1) All signs shall be placed flat against a building
or designed as part of an architectural feature
thereof except that signs may be detached if they
do not exceed a height of eight (8) feet or project
into any required building setback area.
(2) No height limit is specified for signs placed flat
against or painted on the wall of a building, or
for other attached signs provided all other
provisions of this section are complied with.
F. Required Setback. Entire sign shall be set back ten
10 feet.
G. Illumination. Illuminated signs shall be permitted.
C. Number of Si ns Permitted. No maximum limitation.
D. Maximum Gross Surface Area. Four (4) square feet of
sign area for each lineal foot of building frontage.
E. Maximum Height. No sign shall project more than thirty
30 feet above the highest point of the roof of the
structure associated with or on which it is located.
Sec. 36-907(4). C-2. Neighborhood Shopping District.
Required Setback. No minimum requirement, except that
A. Functional Types Permitted. Any type listed in Section
36-905, except advertising signs.
B. Structural Types Permitted. Any type listed in Section
property, except as provided in Section 36-902(12).
36-906, except mobile signs, projecting signs, and roof
G.
signs.
C. Number of Signs Permitted. Two (2) per business.
D. Maximum Gross Surface Area. One (1) square foot of
Functional Types Permitted. Any type listed in Section
sign area for each lineal foot of building frontage.
E. Maximum Height. Thirty (30) feet.
F. Required Setback. No minimum setback, except that pole
Structural Types Permitted. Any type listed in Section
sign supports must maintain a ten (10) foot setback.
G. Illumination. Illuminated signs shall be permitted.
Sec. 36-907(5). C-3 and C-4 CommerciaZ Districts.
Number of Signs Permitted. No limitation.
A. Functional Types Permitted. Any type listed in Section
D.
36-905, except advertising signs.
B. Structural Wipes Permitted. Any type listed in Section
(1) Four (4) square feet of sign area for each lineal
36-906, except that mobile signs shall be prohibited in
the C-4 District.
C. Number of Si ns Permitted. No maximum limitation.
D. Maximum Gross Surface Area. Four (4) square feet of
sign area for each lineal foot of building frontage.
E. Maximum Height. No sign shall project more than thirty
30 feet above the highest point of the roof of the
structure associated with or on which it is located.
F.
Required Setback. No minimum requirement, except that
no sign shall project over or be located on public
property, except as provided in Section 36-902(12).
G.
Illumination. Illuminated signs shall be permitted.
Sec. 36-907(6). C-5 and C-6 CommerciaZ Districts.
A.
Functional Types Permitted. Any type listed in Section
36-905.
B.
Structural Types Permitted. Any type listed in Section
36-906.
C.
Number of Signs Permitted. No limitation.
D.
Maximum Gross Surface Area.
(1) Four (4) square feet of sign area for each lineal
foot of building frontage.
(2) Where no building frontage exists, four (4) square
feet of sign area for each lineal foot of street
frontage.
E.
Maximum Height. Fifty (50) feet above grade, except
that for freeway oriented ground sign,* the height may
be extended to twenty-five (25) feet above the freeway
roadbed.
* Ground signs located within six hundred sixty (660)
feet of a major arterial street which carries a
classification as a freeway, interstate, etc.
F. Required Setback. None required, except that any sign
which exceeds two hundred (200) square feet in gross
surface area shall maintain the same setback required
for principal structures, and in no case shall a sign
project over public property.
G. Illumination
Illuminated signs shall be permitted.
Sec. 36-907(7). I-1. IndustriaZ Park District.
A.
B.
C.
D.
E.
F.
G.
Functional Types Permitted. Any type listed in Section
36-905, except advertising signs.
Structural Types Permitted. Any type listed in Section
36-906, except roof signs.
Number of Signs Permitted. Two (2) per establishment.
Maximum Gross Surface Area. One (1) square foot for
each two(2)of lineal street frontage.
Maximum Height.
Required Setback.
Thirty (30) feet.
Ten (10) feet.
Illumination. Illuminated signs shall be permitted.
Sec. 36-907(8). I-2 and 1-3 IndustriaZ Districts.
A.
Functional Types Permitted.
Any type listed in Section
36-905.
B.
Structural Types Permitted.
Any type listed in Section
36-906.
C.
Number of Signs Permitted.
No limitation.
D.
Maximum Gross Surface Area.
Four (4) square feet for
each lineal foot of street
frontage.
E.
Maximum Height.
(1) Roof sign: Thirty (30)
feet above the highest
point of the structure
on which the sign is located.
(2) All other signs: Thirty
(30) feet.
F.
Required Setback. None required
G.
Illumination. Illuminated
signs shall be permitted.
"Section 36-908 - 36-999. Reserved
ARTICLE X.
OFF-STREET PARKING AND LOADING
"Section 36-1000. Off-street parking.
Sec. 36-1000(1). AppZicability. In any zoning district, all
structures built and all uses established hereafter shall provide
accessory off-street parking in accordance with the following
regulations. When an existing structure or use is expanded, accessory
off-street parking shall be provided in accordance with the following
regulations for the total area or capacity of such expansion.
Sec. 36-1000(2). Standards for required Off -Street Parking.
A. Utilization. Required accessory off-street parking
facilities provided for the uses hereinafter listed
shall be solely for the parking of motor vehicles in
operating condition of patrons, occupants, or employees
of such uses.
B. Area. A required off-street parking space shall be at
least eight (8) feet six (6) inches in width and at
least nineteen (19) feet in length, exclusive of
access drives or aisles, ramps, columns, office or work
areas.
C. Access. Each required off-street parking space shall
open directly upon an aisle or driveway of such width
and design as to provide safe and efficient means of
vehicular access to such parking space.
D. Open and Enclosed Parking. No off-street parking
spaces open to the sky shall be located in any front
yard or shall any motor vehicle be parked in any front
yard except upon a driveway. The area devoted to
driveway purposes shall not be considered in determining
whether off-street parking requirements have been met
except in the instance of single-family and two-family
dwellings. Enclosed buildings and carports containing
off-street parking shall be subject to the yard requiremeis
applicable in the district in which located. i'
E. Design and Maintenance.
(1) Design. Off-street parking spaces shall comply
with such design standards relating to curb
length, stall depth, driveway width, island
width, barriers, and ingress and egress as may
be established from time to time by the City.
Off-street parking spaces may be open to the sky
or enclosed in a building.
(2) Surfacing. All open off-street parking areas
except required parking spaces accessory to a
single-family dwelling shall be graded and paved
or otherwise improved with all weather, dustless
material.
(3) Screening. All open off-street parking areas
containing more than six (6) parking spaces shall
be effectively screened on each side that adjoins
any property situated in a single family residential
district by a wall, fence or densely planted
compact evergreen hedge not less than six (6) feet
or more than eight (8) feet in height. Parking
areas shall be arranged and designed so as to
prevent damage to, or intrusion into, such wall,
fence or hedge.
(4) Lighting. Any lighting used to illuminate off-
street parking areas shall be directed away from
residential properties in such a way as not to
interfere with the residential use.
(5) Repair and Service. No motor vehicle repair work
or service of any kind shall be permitted in
association with any off-street parking facilities.
(6) Computation. When determination of the number of
off-street parking spaces required by these
Regulations results in a requirement of a fractiona
space, the fraction of one-half or less may be
disregarded, and a fraction in excess of one-half
shall be counted as one parking space.
(7) Collective Provisions. Off-street parking faciliti s
for separate uses may be provided collectively if
the total number of spaces so furnished is not
less than the sum of the separate requirements for
each such use, and provided that all regulations
covering the location of accessory parking spaces
in relation to the use served are adhered to.
(8) Location. All parking spaces required to serve
buildings or uses shall be located on the same
zoning lot or in the same zoning district as such
building or use, except that such parking spaces
may be provided in an adjacent zoning district if
such district allows parking lots or parking
garages as a permitted use. But in no instance
shall required off-street parking be located more
than six hundred (600) feet (as measured along
lines of public access) from the use which it
serves.
(9) Employee Parking. Parking spaces required on an
employee basis shall be based on the maximum
number of employees on duty or residing, or expecte
to be on duty or residing, or both, on the premises
at any one time, at the same time as the building
permit is issued.
(10) Maximum Number of Spaces. The total number of
accessory parking spaces provided for a single-
family, a two-family or multiple -family dwelling
shall not exceed that required by this article,
for such use or for any equivalent new use by
more than fifty (50) percent or four (4) spaces,
whichever number is greater.
(11) Exempt Zone. Notwithstanding any other provision
of this Chapter, no accessory off-street parking
facilities shall be required for any structure in
the C-4 Central Business Districts except residence
and those uses specifically required to provide
parking.
(12) Determination of Required Spaces. When determining
the required number of off-street parking spaces
for apartment houses, lodging, boarding or rooming
houses, fraternity, sorority and dormitories,
an occupant shall mean an individual separate and
distinct from the immediate family of the owner,
landlord, or operator.
Sec. 36-1000(3). Off-street Parking Space Requirements. Off-
street parking spaces accessory to the uses hereinafter designated
shall be provided as follows:
A. Dwelling and Lodging Uses.
(1) Hotels and motels: at least two (2) parking
spaces; plus one (1) parking space for each rental
unit, plus such spaces as are required for restaura ts,
assembly rooms and affiliated facilities.
(2) Single-family and two-family dwellings: at least
two (2) parking spaces for each dwelling unit.
(3) Three-family and multiple -family dwellings: at
least two (2) parking spaces per unit.
(4) Multiple -family dwellings for elderly and/or
handicapped persons: at least one (1) parking
space for each unit for the first twenty (20) units
and a total number of spaces equal to seventy-five
(75) percent of the total number of units or
twenty (20) spaces, whichever is greater.
(5) Lodging houses: one (1) parking space for each
lodging room.
(6) Dormitories, fraternities, sororities and other
lodging facilities and rooms for unmarried students
at least one (1) parking space for each occupant
for the first twenty (20) occupants and a total
number of spaces equal to seventy-five (75) percent
of the total number of occupants or twenty (20)
spaces whichever is greater.
(7) Mobile home parks: at least two (2) parking
spaces for each mobile home.
B. Commercial and Industrial Uses.
(1) All business and commercial establishments, except
those specified hereafter: at least one (1) parki
space for each three hundred (300) square feet of
floor area, plus one (1) parking space for each
full-time employee.
(2) Retail stores: at least one (1) parking space for
each two hundred fifty (250) square feet of floor
area.
(3) Automobile service stations: at least two (2) park ng
spaces for each service bay, plus one (1) space
for each employee, but not less than a total of
five (5) parking spaces.
Banks and financial institutions: at least one
(1) parking space for each two hundred (200)
square feet of floor area.
Dental clinics and medical clinics: at least
three (3) parking spaces for each examination or
treatment room, plus one (1) space for each doctor
and employee of the building.
Office and professional buildings: at least one
(1) parking space for each three hundred (300)
square feet of floor area.
Cartage, express, parcel delivery and freight
terminal establishments: at least one (1) parking
space for each two (2) employees as related to the
working period when the maximum number of persons
is employed on the premises, and one (1) parking
space for each vehicle maintained on the premises.
(8) Establishments handling the sale and consumption
on the premises of food, beverages, and refreshment
at least one (1) parking space for each three (3)
persons based upon the maximum number of persons
that can be accommodated at the same time in
accordance with the designed capacity, provided
that drive-in restaurants shall have a minimum of
at least ten (10) parking spaces.
Furniture stores, appliance stores, new and used
motor vehicle showrooms and sales facilities, used
car lots, and mobile home and trailer sales rental
lots: at least one (1) parking space for each
four hundred (400) square feet of enclosed floor
area and at least one (1) parking space for each
three thousand (3,000) square feet of open lot
area devoted to the sale and display of motor
vehicles.
Manufacturing, production, processing, assembly,
disassembly, cleaning, servicing, testing, or
repairing of goods, materials or products: at
least one (1) parking space for each three (3)
employees as related to the working period when
the maximum number of persons is employed on the
premises.
Automobile wrecking yards: at least one (1) parki
space for each two (2) employees, plus one (1)
parking space for each ten thousand (10,000)
square feet of storage area.
(12) Car washing facilities: at least four (4) parking,
holding and drying spaces for each stall in a
self-service establishment, and at least six (6)
parking, holding and drying spaces for each twenty
(20) linear feet in attendant operated establishmen s.
(13) Bowling alleys: at least five (5) parking spaces
for each bowling lane, plus such additional space
as may be required herein for affiliated uses
such as restaurants and other similar uses.
(14) Theatres: at least one (1) parking space for
each four (4) seats.
(15) Undertaking establishments and funeral parlors:
at least one (1) parking space for each four (4)
seats, based upon the designed maximum capacity of
the parlor, plus at least one (1) parking space
for each employee and one (1) parking space for
each vehicle maintained on the premises.
(16) Warehouse, storage, and wholesale establishments:
at least one (1) parking space for each two (2)
employees as related to the working period when
the maximum number of persons is employed on the
premises.
C. Other Uses.
(1)
Secondary schools, public or private: at least
one (1) parking space for each faculty member and
other full-time employees and one (1) parking space
for each eight (8) students, based upon the maximum
number of students attending classes on the premise
at any one time in any twenty-four (24) hour
period.
(2)
Primary and intermediate schools, nursery schools,
and group day care centers, public or private: at
least one (1) parking space for each faculty
member and other full-time employee.
(3)
Trade and commercial schools: at least one (1)
parking space for each three (3) students and one
(1) parking space for each faculty member and
other full-time employee.
(4) Hospitals: at least one (1) parking space for
each hospital bed, plus one (1) parking space for
each two (2) employees (other than doctors), plus
one (1) parking space for each doctor assigned to
the staff.
(5) Nursing and convalescent homes: six (6) parking
spaces for the first three thousand (3,000) square
feet of floor area and one (1) parking space for
each additional one thousand (1,000) square feet,
with a minimum of six (6) parking spaces per
establishment.
(6) Churches and temples: at least one (1) parking
space for each four (4) seats.
(7) Private clubs and lodges: at least one (1) parking
space for each three (3) persons, based on the
maximum number of persons that can be accommodated
at the same time in accordance with designed
capacity.
(8) Swimming pools and clubs: at least one (1) parking
space for each thirty-five (35) square feet of
water area.
(9) Auditoriums, gymnasiums and other laces of assembl
with fixed seats: at least one (1� parking space
for each three (3) persons, based upon the designed
maximum capacity.
(10) Auditoriums, gymnasiums and other places of assembl
without fixed seats: at least one (1) parking
space for each three (3) persons, based upon the
designed maximum capacity.
(11) Parking spaces for other permitted or special uses
not listed above shall be provided in accordance
with the determination of the Zoning Administrator
with respect to the number of spaces that are
required to serve employees and/or the visiting
public at each such use.
"Section 36-1001. Off-street loading.
Sec. 36-1001(1). AppZicability. In any zoning district, all
structures built and all uses established hereafter, shall provide
accessory off-street loading spaces. When an existing structure is
expanded, accessory off-street loading spaces shall be provided in
accordance with the following regulations for the area of such expansio
Sec. 36-1001(2). Standards for Required Off-street Loading.
A. Location. All required loading spaces or berths shall
be located on the same lot as the use served. All
motor vehicle loading berths which abut or are adjacent
to a residential district shall be completely screened
therefrom by building walls, or a uniformly painted
solid fence, wall, or door, or any combination thereof,
not less than six (6) feet or more than eight (8) feet
in height. No permitted or required loading space or
berth shall be located within forty (40) feet of the
nearest point of intersection of any two streets or
highways.
B. Area. Unless otherwise specified, a required off-
street loading space or berth shall be ten (10) feet
in width by at least twenty-five (25) feet in length,
exclusive of aisle and maneuvering space, and shall
-- have a vertical clearance of at least fourteen (14)
feet.
C. Access. Each required off-street loading space or
berth shall be designated with appropriate means of
vehicular access to a street, highway or alley in a
manner which will least interfere with traffic movement.
D. Surfacing. All open off-street loading shall be improv
with a compacted select gravel base, not less than
seven (7) inches thick, surfaced with an all-weather
material.
E. Repair and Service. No motor vehicle repair work or
service of any kind shall be permitted in conjunction
with any off-street loading facilities.
F. Utilization. Space allocated for any off-street loading
berth shall not, while so allocated, be used to satisfy
the space requirements for any off-street parking
facilities or portions thereof.
G. Minimum Facilities. Uses for which off-street loading
facilities are required by this section but which are
located in buildings that have a floor area that is
less than the minimum above which off-street loading
facilities are required, shall be provided with adequate
receiving facilities, accessible by motor vehicle, from
any adjacent alley, service drive, or open space on the
same lot.
Sec. 36-1001(3). Off-street Loading Berth Requirements.
A. No off-street loading facilities are required in any
residential district, except that elementary and
intermediate schools shall provide at least one (1)
loading space for passenger automobiles for each fifty
(50) students based upon the designed maximum capacity
of the school.
B. On the same lot with every building, or part thereof,
erected hereafter in any commercial or industrial district,
there shall be provided on the lot adequate space for
motor vehicles to load and unload in order to avoid
interference with the public streets or alleys. Such
space shall include the following minimum off-street
loading spaces:
(1) For banks, medical and dental clinics, and business
and professional offices: one (1) loading berth
shall be provided for each building that contains
one thousand (1,000) to one hundred thousand
(100,000) square feet of gross floor area, and for
each additional one hundred thousand (100,000)
square feet of gross floor area or fraction thereof
up to five hundred thousand (500,000) square feet,
one (1) additional loading berth shall be provided,
plus one (1) additional loading berth for each
additional five hundred thousand (500,000) square
feet of gross floor area, or any fraction thereof,
in excess of five hundred thousand (500,000)
square feet.
(2) For amusement establishments, bowling alleys, pool
halls, dance halls, gymnasiums, indoor and outdoor
theatres, swimming pools, skating rinks and other
similar amusement establishments: one (1) loading
berth shall be provided for each building that
contains one thousand (1,000) to one hundred
thousand (100,000) square feet of gross floor
area, and for each additional one hundred thousand
(100,000) square feet of gross floor area, or any
fraction thereof, one (1) additional loading berth
shall be provided.
1
1
1
(3) For hotels and motels, meeting halls, service and
fraternal clubs and lodges, funeral parlors and
mortuaries: one (1) loading berth shall be provided
for buildings containing one thousand (1,000)
to one hundred fifty thousand (150,000) square
feet of gross floor area, plus one (1) additional
loading berth for each additional one hundred fifty
thousand (150,000) square feet of gross floor
area, or fraction thereof. Each such loading
berth for buildings in excess of twenty thousand
(20,000) square feet of gross floor area shall not
be less than ten (10) feet in width by sixty (60)
feet in length.
(4) For all other uses in the C-1 through C-6 Districts
loading facilities shall be provided in accordance
with the following table:
Gross Floor Area of Required Number and
Structure in Sq. Ft. Size of Loadinq Berth
1,000 to
9,999
1 (10'
x 25')
10,000 to
24,999
2 (10'
x 25' each
25,000 to
39,999
2 (10'
x 60' each
40,000 to
100,000
3 (10'
x 60' each
For each additional two hundred thousand (200,000)
square feet of gross floor area, or any fraction
thereof, over one hundred thousand (100,000)
square feet of gross floor area, one (1) additional
loading berth shall be provided. Each such additional
loading berth shall be at least ten (10) feet in
width by sixty (60) feet in length.
(5) For all uses in the I-1, I-2,
Districts, loading facilities
accordance with the following
Gross Floor Area of
Structure in Sq. Ft.
1,000 to 91999
10,000 to 39,999
40,000 to 100,000
and I-3 Industrial
shall be provided in
table:
Required Number and
Size of Loading Berth
1 (10' x 25')
1 (10' x 60')
2 (10' x 60' each
For each additional one hundred thousand (100,000)
square feet of gross floor area, or any fraction
thereof, one (1) additional loading berth shall
be provided. Each such additional berth shall be
at least ten (10) feet in width and sixty (60)
feet in length.
"Sections 36-1002 - 36-1099. Reserved
ARTICLE XI.
NONCONFORMING USES, BULK AND SIGNS
"Section 36-1100. Applicability.
This article applies only to lots, buildings, structures, signs
and non -building uses in existence on the effective date of these
Regulations. The lawful use of any premises existing on the effective
date of these Regulations may be continued as hereinafter provided
although neither such use nor bulk conforms to these Regulations.
"Section 36-1101. Nonconforminq lots of record.
Sec. 36-1101(1). In ResidentiaZ Districts.
A. In any residential district, notwithstanding the
regulations imposed by any other provision of this
Chapter, a single-family, detached dwelling which
complies with the restrictions in Section 36-1101(1)B
may be erected on a lot that is not less than twenty-
five (25) feet in width and that consists entirely of a
tract of land that:
(1) Has less than the prescribed minimum lot area,
width or depth, or all three; and that
(2) Is shown by a recorded plat or deed to have been
owned separately and individually from adjoining
tracts of land at a time when the creation of a
lot of such size and width at such location would
not have been prohibited by any zoning ordinance;
and
(3) Has remained in separate and individual ownership
from adjoining tracts of land continuously during
the entire time that the creation of such lot has
been prohibited by the applicable zoning ordinance
or ordinances.
B. Construction permitted by Section 36-1101(1)A shall
comply with all of the regulations (except lot area,
width and depth) applicable to single-family dwellings
in the zoning district in which the lot in question is
located; provided, however, that the following side
yard requirements shall apply in place of the side yard
requirements otherwise applicable:
(1) The dwelling shall be placed on the lot so as to
provide a yard on each side of the dwelling.
(2) The sum of the widths of the two side yards on
each lot shall be not less than the smaller of:
(a) Twenty-five (25) percent of the width of the
lot, or
(b) The minimum total for both side yards prescrib
by the bulk regulations for said zoning
district.
(3) No side yard shall be less than ten (10) percent of
the width of the lot, and in no case less than
three (3) feet.
Sec. 36-1101(2). In Districts Other than ResidentiaZ Districts.
A. In any district other than a residential district,
notwithstanding the regulations imposed by any other
provision of this Chapter, a building designed for any
permitted use may be erected on a lot of the type
described in Section 36-1101(1)A.
B. Construction permitted by Section 36-1101(2)A shall
comply with all of the regulations (except lot area,
width and depth) applicable in the zoning district in
which the lot in question is located; provided, however,
that the width of any side yard need not be greater
than that derived by applying the following formula
(wherein the width of any side yard required = x):
Minimum side yard required by
x = district regulations
Actual Lot Width Minimum lot width required by
district regulations
"Section 36-1102. Nonconforminq structures.
Sec. 36-1102(1). Authority to Continue. Any structure which is
devoted to a use which is permitted in the zoning district in which it
is located, but which is located on a lot which does not comply with
the applicable lot size requirements and/or the applicable bulk
regulations, may be continued, so long as it remains otherwise lawful,
subject to the restrictions in Section 36-1102(2) through 36-1102(4).
Sec. 36-1102(2). Enlargement, Repair, AZterations. Normal
maintenance and repairs, structural alterations, enlargement, or
remodeling of a building or structure with nonconforming bulk is
permitted if the same does not increase the degree of existing
nonconformity or create any new rionconforming bulk in such building
or structure, except that as to structures located on a lot that does
not comply with the applicable lot size requirement, the side yard
requirements shall be determined by Section 36-1101(1)B or 36-1101(2)B,
whichever is applicable.
Sec. 36-1102(3). Damage or Destruction. No buildings or
structures occupied by a nonconforming use or nonconforming as to
bulk, destroyed or damaged by fire or other causes to the extent of
fifty (50) percent or more of last full value as shown by the Assessor'
records, excluding the assessed valuation of the land, shall be repaire
or rebuilt except in conformity with these Regulations, provided that
structures located on a lot that does not comply with the applicable
lot size requirements shall not in any event be required to provide a
side yard that exceeds the yard requirements in Section 36-1101(1)B or
36-1101(2)B, whichever is applicable. Any building, structure or any
part thereof occupied by a nonconforming use or nonconforming as to
bulk which is damaged to an extent less than fifty (50) percent of
last full value as shown by the Assessor's records, excluding the
assessed valuation of the land, may be repaired or restored provided
that a zoning certificate is obtained and substantial reconstruction
is undertaken within one (1) year after such damage and is diligently
pursued to completion. Otherwise such building, structure or part
thereof shall thereafter be occupied only by a conforming use, and
shall conform to the bulk requirements of these Regulations.
Sec. 36-1102(4). Moving. No structure described in Section
36-1102(1) shall be moved in whole or in part for any distance whatever
to any other location on the same or any other lot unless the entire
structure shall thereafter conform to the regulations of the zoning
district in which it is located after being moved.
"Section 36-1103. Nonconforming uses.
Sec. 36-1103(1). Authority to Continue. Any lawfully existing
nonconforming use or part or all of a structure or any lawfully existin
nonconforming use of land, not involving a structure or only involving
a structure which is accessory to such use of land, may be continued,
so long as otherwise lawful, subject to the regulations contained in
Sections 36-1103(2) through 36-1103(9) and Section 36-1105(3).
Sec. 36-1103(2). Repair, Maintenance and Remodeling.
A. Normal maintenance and incidental repair, or replacement
installation or relocation of nonbearing walls, nonbeari
partitions, fixtures, wiring or plumbing, may be perform
on any structure that is devoted in whole or in part to
a nonconforming use; provided, however, that it does
not extend the nonconforming use or violate any other
provisions of this article.
1
1
B. Nothing in this Chapter shall be deemed to prevent the
strengthening or restoring to a safe condition of a
structure in accordance with an order of a public
official who is charged with protecting the public
safety and who declares such structure to be unsafe and
orders its restoration to a safe condition (where such
restoration will not be in violation of any other
provision of this article).
C. No structure that is devoted in whole or in part to a
nonconforming use shall be remodeled unless the entire
structure and use thereof shall thereafter conform to
all regulations of the zoning district in which it is
located.
Sec. 36-1103(3). Extension or EnZargement. No structure that is
devoted in whole or in part to a nonconforming use shall be extended,
expanded, enlarged or added to in any manner unless such structure and
the use thereof conform to the regulations of the district in which it
is located. Such prohibited activities shall include without being
limited to:
A. Extension of such use to any structure or land area
other than one occupied by such nonconforming use on
the effective date of these Regulations (or on
the effective date of a subsequent amendment hereto
that causes such use to become nonconforming).
B. Extension of such use within a building or other
structure to any portion of the floor area that was not
occupied by such nonconforming use on the effective
date of these Regulations (or on the effective date of
a subsequent amendment hereto that causes such use to
become nonconforming); provided, however, that such use
may be extended throughout any part of such building or
other structure that was lawfully and manifestly design
or arranged for such use on such effective date.
Sec. 36-1103(4). Damage or Destruction. No building or
structure occupied by a nonconforming use or nonconforming as to bulk,
destroyed or damaged by fire or other causes to the extent of fifty
(50) percent or more of last full value as shown by the Assessor's
records, excluding the assessed valuation of the land, shall be
repaired or rebuilt except in conformity with these Regulations;
provided that structures located on a lot that does not comply with
the applicable lot size requirements shall not in any event be required
to provide a side yard that exceeds the yard requirements in Section
36-1101(1)B or 36-1101(2)B, whichever is applicable. Any building,
structure or any part thereof occupied by a nonconforming use or
nonconforming as to bulk, which is damaged to an extent less than
fifty (50) percent of last full value as shown by the Assessor's
records, excluding the assessed valuation of the land, may be repaired
or restored provided that a zoning certificate is obtained and substantial
reconstruction is undertaken within one (1) year after such damage and
is diligently pursued to completion. Otherwise such building, structur
or part thereof shall thereafter be occupied only by a conforming use,
and shall conform to the bulk requirements of these Regulations.
Sec. 36-1103(5). Moving. No structure that is devoted in whole
or in part to a nonconforming use, shall be moved in whole or in part
for any distance whatever, to any other location on the same or any
other lot, unless the entire structure and the use thereof shall
thereafter conform to all regulations of the zoning district in which
it is located after being so moved. No nonconforming use of land
shall be moved in whole or in part for any distance whatever, to any
other location on the same or any other lot, unless such use shall
thereafter conform to all regulations of the zoning district in which
it is located after being so moved.
1
1
Sec. 36-1103(6). Change -in Use. A nonconforming use shall not
be changed to any use other than a use permitted in the zoning district
in which the use is located. When a nonconforming use has been changed
to any permitted use, it shall not thereafter be changed back to a
nonconforming use.
Sec. 36-1103(7). Abandonment or Discontinuance.
A. When a nonconforming use of land, not involving a
structure, or involving only a structure which is
accessory to the nonconforming use of land, is
discontinued or abandoned, for a period of twelve (12)
consecutive months (regardless of any reservation of an
intent not to abandon or to resume such use), such use
shall not thereafter be re-established or resumed, and
any subsequent use or occupancy of such land shall
comply with the regulations of the zoning distict in
which such land is located.
B. When a nonconforming use of a part or all of a structure
which was designed and intended for a use which is
permitted in the zoning district in which such structure
is located, regardless of how it was originally used or
is presently being used, is discontinued or abandoned
for a period of twelve (12) consecutive months (regardle s
of any reservation of an intent not to abandon or to
resume such use), such use shall not thereafter be re-
established or resumed, and any subsequent use or
occupancy of such structure shall comply with the
regulations of the zoning district in which such structue
is located.
C. When a nonconforming use of a part or all of a structure
which was not designed and intended for any use which
is permitted in the zoning district in which such
structure is located, regardless of how it was originall
used or is presently being used, is discontinued or
abandoned for a period of twenty-four (24) consecutive
months (regardless of any reservation of an intent not
to abandon or to resume such use), such use shall not
thereafter be re-established or resumed, and any
subsequent use or occupancy of such structure shall
comply with the regulations of the zoning district in
which such structure is located.
Sec. 36-1103(8). Nonconforming Accessory Uses. No use which is
accessory to a principal nonconforming use shall continue after such
principal use shall cease or terminate.
Sec. 36-1103(9). Nonconforming ResidentiaZ Uses. Notwithstanding
the provisions of Sections 36-1103(2) and 36-1103(3), any structure
which is devoted to a residential use and which is located in a
commercial or industrial district, may be remodeled, extended, expanded
and enlarged; provided that after any such remodeling, extension,
expansion or enlargement, such structure shall not be used to accommoda
a greater number of dwelling or lodging units than such structure
accommodated prior to any such work.
Sec. 36-1103(10). Status of NewZy Created Nonconforming Uses.
Notwithstanding the provisions of Sections 36-1103(3) and 36-1103(4),
any structure which is devoted in whole or in part to a use which is
made nonconforming by the enactment of these Regulations, may be
remodeled, extended, expanded, enlarged, repaired, or rebuilt; provided
however that the provisions of this section apply only to the use
which existed at the time of adoption of these Regulations.
"Section 36-1104. Status of Conditional Uses.
Sec. 36-1104(1). Status of Existing Conditional, Uses. Where a
use exists at the effective date of these Regulations and is permitted
these Regulations only as a conditional use in the zoning district in
which it is located, such use shall not be deemed to be a nonconforming
use, but shall, without further action, be deemed a lawful conforming
use in such zoning district.
Sec. 36-1104(2). Status of Future Conditional Uses. Any use for
which a conditional use permit has been issued as provided in Article
XII of this Chapter shall not be deemed to be a nonconforming use, but
shall, without further action, be deemed a lawful conforming use.
"Section 36-1105. Nonconforming Signs.
All existing signs which are not specifically permitted or which
do not comply with all of the provisions of these Regulations for the
zoning district in which it is located, as of the date of adoption of
these Regulations, shall be considered nonconforming signs.
Sec. 36-1105(1). Repairs and Damage. Nonconforming signs may
not, after the effective date of these Regulations be enlarged,
structurally altered or extended unless such sign shall be made to
comply with all of the provisions of these Regulations, except that
normal repairs and repainting of nonconforming signs are permitted.
When a permanent nonconforming sign is destroyed or damaged by any
means to the extent of fifty (50) percent or more of its present day
replacement value, it shall not thereafter be restored unless such
sign shall be made to conform to all of the provisions of these
Regulations.
Sec. 36-1105(2). Removal of Nonconforming Signs. Any sign that
does not conform to the sign regulations for the zoning district in
which it is located shall be removed in accordance with the following
schedule:
A. A sign having a total area of twenty-four (24) square
feet or less which is located in any residential distric
shall be removed within two (2) years from the date
such sign became nonconforming with respect to these
Regulations.
B. All other signs located in any residential district
shall be removed within four (4) years from the date
such sign became nonconforming with respect to these
Regulations.
Sec. 36-1105(3). Nonconforming Open Storage Yards, Outdoor
Display or Junk Yards. Any nonconforming open storage yard, outdoor
display or junk yard or any other nonconforming uses of land, not
involving a structure or involving only structures which are accessory
to such use of land shall be discontinued or made to conform to the
regulations of the zoning district in which located within two (2)
years from the date such use became nonconforming with respect to
these Regulations. However no such use shall be required to terminate
if within said period it shall be located within a completely enclosed
building or surrounded by a solid fence screening the stored goods or
materials from general view.
"Sections 36-1106 - 36-1199. Reserved.
ARTICLE XII.
ADMINISTRATIVE PROVISIONS
"Section 36-1200. Enforcement.
Sec. 36-1200(1). Enforcement Officer. These Regulations shall
be enforced by a Zoning Administrator who shall be appointed by the
City Manager and who shall be authorized to expend such funds, employ
deputies and clerical assistants, and to carry out his duties under
these Regulations as shall be approved from time to time by the City
as follows:
A. Approve and issue all zoning and occupancy certificates
and make and maintain records thereof.
B. Conduct inspections of buildings, structures and uses
of land to determine compliance with the provisions of
these Regulations.
C. Receive, file, and forward to the Board of Zoning
Appeals the records of all appeals and all applications
for conditional uses and variances.
D. Maintain permanent and current records of the zoning
regulations, including but not limited to, all zoning
maps, amendments, special uses, variances, appeals and
applications thereof and records of hearings thereon.
E. Prepare and have available in book, pamphlet or map
form, on or before March 31 of each year:
(1) The compiled text of the zoning Regulations and
amendments thereto, including all amendments
adopted through the preceding December 31, and
(2) A zoning map or maps, showing the zoning districts,
divisions and classifications in effect on the
preceding December 31.
F. Maintain a supply of copies of the compiled text of the
zoning Regulations, and the rules of the Board of
Zoning Appeals. A fee for each copy shall be charged
to defray the cost of printing.
G. Provide such clerical, technical and consultative
assistance as may be required by the Board of Zoning
Appeals and other boards, commissions and officials in
the exercise of their duties relating to these Regulati
Sec. 36-1200(2). Zoning Certificates and Certificates of
granted only in conformance with Regulations.
A. Zoning Certificates. Unless a zoning certificate shall
first have been obtained from the Office of the Zoning
Administrator:
(1) The construction, building, moving, remodeling or
reconstruction of any structure shall not be
commenced;
(2) Permits pertaining to the use of land or structures
shall not be issued by any other official, officer,
employee, department, board or bureau of the City;
(3) Any zoning certificate issued in conflict with
these Regulations shall be null and void.
1
1
B. Occupancy Certificates. No structure or addition
thereto constructed, built, moved, remodeled, or
reconstructed after the effective date of these
Regulations shall be occupied or used for any purpose;
and no land vacant on the effective date of these
Regulations shall be used for any purpose; and no use
of any land or structure shall be changed to any other
use, unless an occupancy certificate shall first have
been obtained from the Office of the Zoning Administra
certifying that the proposed use or occupancy complies
with all the provisions of these Regulations.
Sec. 36-1200(3). Zoning Certificate.
A. Application for Zoning Certificate. Every application
for a zoning certificate shall be accompanied by a plot
plan, in duplicate, drawn to scale and in such form as
may, from time to time, be prescribed by the Zoning
Administrator, showing the location, ground area,
height, and bulk of all present and proposed structures,
drives and parking lots, the building lines in relation
to lot lines, waste disposal areas, the use to be made
of such present and proposed structures on the land,
and such other information as may be required by the
Zoning Administrator for the proper enforcement of
these Regulations. One copy of the plot plan shall be
retained by the Zoning Administrator as a public record.
B. Issuance of Zoning Certificate. A zoning certificate
shall be either issued or refused by the Zoning
Administrator within ten (10) days after the receipt of
an application thereof or within such further period as
may be agreed to by the applicant. When the Zoning
Administrator refuses to issue a zoning certificate, he
shall advise the applicant in writing of the reasons
for the refusal.
C. Period of Validity. A zoning certificate shall become
null and void four (4) months after the date on which
it is issued unless within such four (4) month period
construction, building, moving, remodeling or
reconstruction of a structure is commenced or a use is
commenced.
Sec. 36-1200(4). Occupancy Certificate.
A. Application for Occupancy Certificate. Every applicatio
for a zoning certificate shall be deemed to be an
application for an occupancy certificate. Every
application for an occupancy certificate for a new or
changed use of land or structures where no zoning
certificate is required shall be filed with the office
of the Zoning Administrator and be in such form and
contain such information as the Zoning Administrator
shall provide by general rule.
B. Issuance of Occupancy Certificate. No occupancy
certificate for a structure or addition thereto construe
built, moved, remodeled or reconstructed after the
effective date of these Regulations shall be issued
until such work has been completed and the premises
inspected and certified by the Office of the Zoning
Administrator to be in full and complete compliance
with the plans and specifications upon which the zoning
certificate was issued. No occupancy certificate for a
new use of any structure or land shall be issued until
the premises have been inspected and certified by the
Office of the Zoning Administrator to be in full and
complete compliance with all the applicable regulations
for the zoning district in which it is located. Pending
the issuance of a permanent occupancy certificate, a
temporary occupancy certificate may be issued to be
valid for a period not to exceed six (6) months from
its date pending the completion of any addition or
during partial occupancy of the premises. An occupancy
certificate shall be issued, or written notice shall be
given to the applicant stating the reasons why a
certificate cannot be issued, within ten (10) days
after the receipt of an application thereof, or after
the Office of the Zoning Administrator is notified in
writing that the structures or premises are ready for
occupancy.
"Section 36-1201. Board of Zoning Appeals.
Sec. 36-1201(1). Authorization. A Board of Zoning Appeals shall
be established by the Governing Body of the City as prescribed by
Kansas Statutes Annotated, Sections 12-714 and 12-715, and shall have
all of the powers and duties as prescribed therein.
Sec. 36-1201(2). AdditionaZ Powers and Duties. The Board of
Zoning Appeals shall have the following additional powers and duties:
A. To hear and decide applications for conditional use
permits in the manner and subject to the procedure and
standards set out below:
(1) Authorization. The Board of Zoning Appeals may
authorize, as an exception to the provisions of
these Regulations, the establishment of those
conditional uses that are expressly authorized to
be permitted as a conditional use in a particular
zoning district or in one or more zoning districts.
No conditional use shall be authorized as an
exception to these Regulations unless the Board of
Zoning Appeals is specifically authorized, by this
Chapter to grant such conditional use and unless
such grant complies with all of the applicable
provisions of these Regulations.
(2) Application for Conditional Use Permit. An
application for a conditional use permit, together
with an application for a zoning certificate,
shall be filed in duplicate with the Office of the
Zoning Administrator who shall forward without
delay a copy of each to the Secretary of the Board
of Zoning Appeals. The application shall contain
the following information as well as such additional
information as may be prescribed by rule of the
Board of Zoning Appeals.
a. A statement or diagram showing compliance
with any special conditions or requirements
imposed upon the particular conditional use
by the applicable district regulations or
Section 36-1201(2)A(5) of this Chapter, if
applicable.
b. A statement as to why the proposed conditional
use will not cause substantial injury to the
value of other property in the neighborhood.
C. A statement as to how the proposed conditional
use is to be designed, arranged and operated
in order to permit the development and use of
neighboring property in accordance with the
applicable district regulations.
d. Present data in support of the standards
specified in Section 36-1201(2)A(4).
(3) Hearing on Conditional Use Permit. A hearing on
the application shall be held and notice thereof
given as provided by the rules and regulations of
the Board of Zoning Appeals.
(4) Standards for Conditional Use Permits. The Board
of Zoning Appeals shall not grant a conditional
use permit unless it shall, in each specified
case, make specific written findings of fact
directly based upon the particular evidence
presented to it, that support all of the following
conclusions:
a. The proposed conditional use complies with
all applicable regulations of this Chapter,
including lot size requirements, bulk regulations,
use limitations, and performance standards.
b. The proposed conditional use at the specified
location will contribute to and promote the
welfare or convenience of the public.
C. The proposed conditional use will not cause
substantial injury to the value of other
property in the neighborhood in which it is
to be located.
d. The location and size of the conditional use,
the nature and intensity of the operation
involved or conducted in connection with it,
and the location of the site with respect to
streets giving access to it are such that the
conditional use will not dominate the immediat
neighborhood so as to prevent development and
use of neighboring property in accordance
with the applicable zoning district regulation
In determining whether the conditional use
will so dominate the immediate neighborhood,
consideration shall be given to:
(i) The location, nature and height of
buildings, structures, walls and fences
on the site, and
(ii) The nature and extent of landscaping and
screening on the site.
e. Off-street parking and loading areas will be
provided in accordance with the standards set
forth in Article X of this Chapter, and such
areas will be screened from adjoining residential
uses and located so as to protect such residential
uses from any injurious effect.
f. Adequate utility, drainage, and other such
necessary facilities have been or will be
provided.
g. Adequate access roads or entrance and exit
drives will be provided and shall be so
designed to prevent traffic hazards and to
minimize traffic congestion in public streets
and alleys.
L7�
(5) Conditions and Restrictions. In granting a
conditional use, the Board of Zoning Appeals may
impose such conditions, safeguards and restrictions
upon the premises benefited by the conditional use
as may be necessary to comply with the standards
set out in Section 36-1201(2)A(4), to reduce or
minimize any potentially injurious effect of such
conditional uses upon other property in the
neighborhood, and to carry out the general purpose
and intent of these Regulations.
(6) Period of Validity. No conditional use permit
granted by the Board of Zoning Appeals shall be
valid for a period longer than one hundred eighty
(180) days from the date in which the Board of
Zoning Appeals grants the conditional use, unless
within such one hundred eighty (180) day period:
(1) a building permit is obtained and the erection
or alteration of a structure is started, or (2) an
occupancy permit is obtained and a use commenced.
The Board of Zoning Appeals may grant one extension
not exceeding one hundred eighty (180) days, upon
written application, without notice or hearing.
B. To hear and decide all matters referred to it under the
provisions of these Regulations.
Sec. 36-1201(3). Appeals. The Board of Zoning Appeals shall
administer the details of appeals from or other matters referred to it
regarding the application of the zoning Regulations as provided by
K.S.A. 12-715 and any rules and regulations established by the Board
of Zoning Appeals.
"Section 36-1202. Fees.
Every application for a zoning certificate, occupancy certificate,
variance, conditional use permit, or amendment, or the filing of a
notice of appeal shall be accompanied by such fee as shall be specified
from time to time, by ordinance of the Governing Body of the City.
"Section 36-1203. Violations and Penalties.
Sec. 36-1203(1). Penalties. Any person who violates, disobeys,
omits, neglects or refuses to comply with or resists the enforcement
of any of the provisions of these Regulations shall be guilty of a
misdemeanor and shall be fined not less than fifty dollars ($50) or
more than five hundred dollars ($500) fol' each offense. Each day such
violation or failure to comply is permitted to exist after notification
thereof shall constitute a separate offense.
Sec. 36-1203(2). Abatement and Injunctive Relief. In the event
that any building or structure is constructed, reconstructed, relocated
or maintained or any building, structure, lot, or land is used in
violation of any of the provisions of these Regulations, an appropriate
action or proceeding in law or in equity may be instituted to prevent
such unlawful development, construction, reconstruction, alteration,
relocation, maintenance or use, or to restrain, abate, enjoin or
correct such violation, or to prevent the occupancy of such building
or structure or unlawful use of such land and to prevent illegal acts,
conduct, business or use in or about the premises. These remedies
shall be in addition to the penalties prescribed in Section 36-1203(1).
"Section 36-1204. Interpretation, Conflict and Separability.
Sec. 36-1204(1). Interpretation. In their interpretation and
application, the provisions of these Regulations shall be considered
to be the minimum requirements for the protection and promotion of the
public health, safety and welfare.
1
1
Sec. 36-1204(2). ConfZict with PubZic and Private Provisions.
A. Public Provisions. The provisions of this Chapter are
not intended to interfere with, abrogate or annul any
other law, ordinance, resolution, rule or regulation;
where any provision of this Chapter imposes restrictions
different from those imposed by any other statute,
ordinance, resolution, rule, regulation or other provisi
of law, whichever provisions are more restrictive, or
impose higher standards, shall control.
B. Private Provisions. This Chapter is not intended to
abrogate, annul or otherwise interfere with any easement,
covenant or any other private agreement or restriction,
provided, however, that where this Chapter is more
restrictive or imposes higher standards or requirements
than such easements, covenants, private agreements or
restrictions, the requirements of this Chapter shall
govern.
Sec. 36-1204(3). Separability. If any part or provision of this
Chapter or application thereof to any person or circumstances is
adjudged invalid by any court of competent jurisdiction, such judgement
shall be confined in its operation to the part, provision or applicatio
directly involved in the controversy in which such judgement shall
have been rendered and shall not affect or impair the validity of the
remainder of this Chapter or its application to other persons or
circumstances. The City hereby declares that it would have enacted
the remainder of this Chapter even without any such part provision or
application.
"Section 36-1205. Savings Provision.
These Regulations shall not be construed as abating any action
now pending under prior existing Zoning Regulations, or as discontinuir
abating, modifying or altering any penalty accruing or to accrue, or
as affecting the liability of any person, firm or corporation, or as
waiving any rights of the City under any provision existing at the
time of adoption of these Regulations, or as vacating or annulling any
rights obtained by any person, firm or corporation, by lawful action
of the City, except as shall be expressly provided for in this Chapter.
"Section 36-1206. Reservations and Repeals.
Upon the adoption of this Chapter, Ordinance Number 6613 of
Salina, adopted April 11, 1962, as amended, is hereby repealed,
except as to such sections expressly retained herein.
"Sections 36-1207 - 36-1299. Reserved.
ARTICLE XIII.
DEFINITIONS
"Section 36-1300. Usage.
For the purposes of this Chapter, certain numbers, abbreviations,
terms and words used herein shall be used, interpreted and defined as
set forth in this Article. Any word or phrase which is defined in
this Article, or elsewhere in this Chapter, shall have the meaning as
so defined whenever the word or phrase is used in this Chapter, unless
such definition is expressly limited in its meaning or scope.
Sec. 36-1300(1). Unless the context clearly indicates to the
contrary:
D. The words "used" or "occupied" as applied to any land
or building shall be construed to include the words
"intended, arranged or designed to be used or occupied."
E. The word "building" includes "structure" and a building
or a structure includes any part thereof.
F. The word "City" means the City of Salina.
"Section 36-1301. Definitions.
The following definitions shall be used in the construction and
interpretations of these Regulations:
Sec. 36-1301(1). Accessory. The term applied to a building,
structure or use which is clearly incidental or subordinate to, and
customary in connection with, the principal building, structure or
use, which is located on the same plot with the principal building
structure or use, and which contributes to the comfort, convenience or
necessity of occupants, business or industry in the principal building
or use served. Any accessory building or structure attached to a
principal building or structure is deemed to be part of such principal
building or structure in applying the bulk requirements to such
building or structure.
Sec.. 36-1301(2). Advertising Sign. See Sign, Advertising.
Sec. 36-1301(3). AgricuZture Uses. The use of a tract of land
not less than five acres for growing crops in the open, dairying,
pasturage, horticulture, floriculture, and necessary accessory uses,
including the structures necessary for carrying out farming operations
and the residence of the person who owns or operates the farm, and the
family thereof; provided, however, such agricultural use shall not
include the following uses: (1) the maintenance and operation of
commercial greenhouses or hydroponic farms, except in zoning districts
in which such uses are expressly permitted; (2) wholesale or retail
sales as an accessory use unless the same are specifically permitted
by these Regulations; (3) the feeding, grazing, or sheltering of
animals or poultry in either penned enclosures or in open pasture
within one hundred (100) feet of any lot line.
Sec. 36-1301(4). Airport. Any area of land or water which is
used, or intended for use for the landing or taking off of aircraft,
and any appurtenant areas which are used or intended for use for
airport buildings, other airport facilities or rights-of-way, including
taxiways, aircraft storage areas, hangars and other necessary buildings
and open spaces.
Sec. 36-1301(5). Alley. A public or private right-of-way primari
designed to serve as secondary access to the side or rear of these
properties whose principal frontage is on some other street.
A. Words used in the
present tense include
the future
tense; words used
in the singular number
include the
plural; and words
used in the plural number
include the
singular.
B. The word "shall"
is always mandatory and
the word
"may" is always permissive.
C. The word "person"
includes individuals,
corporations,
partnerships, associations, governmental
bodies,
agencies, and all
other legal entities.
D. The words "used" or "occupied" as applied to any land
or building shall be construed to include the words
"intended, arranged or designed to be used or occupied."
E. The word "building" includes "structure" and a building
or a structure includes any part thereof.
F. The word "City" means the City of Salina.
"Section 36-1301. Definitions.
The following definitions shall be used in the construction and
interpretations of these Regulations:
Sec. 36-1301(1). Accessory. The term applied to a building,
structure or use which is clearly incidental or subordinate to, and
customary in connection with, the principal building, structure or
use, which is located on the same plot with the principal building
structure or use, and which contributes to the comfort, convenience or
necessity of occupants, business or industry in the principal building
or use served. Any accessory building or structure attached to a
principal building or structure is deemed to be part of such principal
building or structure in applying the bulk requirements to such
building or structure.
Sec.. 36-1301(2). Advertising Sign. See Sign, Advertising.
Sec. 36-1301(3). AgricuZture Uses. The use of a tract of land
not less than five acres for growing crops in the open, dairying,
pasturage, horticulture, floriculture, and necessary accessory uses,
including the structures necessary for carrying out farming operations
and the residence of the person who owns or operates the farm, and the
family thereof; provided, however, such agricultural use shall not
include the following uses: (1) the maintenance and operation of
commercial greenhouses or hydroponic farms, except in zoning districts
in which such uses are expressly permitted; (2) wholesale or retail
sales as an accessory use unless the same are specifically permitted
by these Regulations; (3) the feeding, grazing, or sheltering of
animals or poultry in either penned enclosures or in open pasture
within one hundred (100) feet of any lot line.
Sec. 36-1301(4). Airport. Any area of land or water which is
used, or intended for use for the landing or taking off of aircraft,
and any appurtenant areas which are used or intended for use for
airport buildings, other airport facilities or rights-of-way, including
taxiways, aircraft storage areas, hangars and other necessary buildings
and open spaces.
Sec. 36-1301(5). Alley. A public or private right-of-way primari
designed to serve as secondary access to the side or rear of these
properties whose principal frontage is on some other street.
Sec. 36-1301(6). Alterations. As applied to a building structure,
a change or re -arrangement of the supporting members, or an enlargement,
or the moving of one location or position to another.
Sec. 36-1301(7). Animal HospitaZ. A facility for the medical
and surgical treatment of animals and their care during the time of
such treatment.
Sec. 36-1301(8). Apartment. A part of a building consisting of
a room or suite of rooms intended, designed or used as a residence by
an individual or a single-family and located in a multiple -family
dwelling.
Sec. 36-1301(9). Apparel Stores. Stores selling clothing for
men, women or children at retail.
Sec. 36-1301(10). Appliance Repairs. The repairing and servicing
of common household appliances such as washing machines, television
sets, power tools, electric razors, radios, and refrigerators.
Sec. 36-1301(11). Appliance Sales. The sale of common household
appliances such as washing machines, television sets, power tools,
electric razors, radios and refrigerators, and repair of the same
types of appliances as are sold on the premises where such repairs are
incidental or accessory to the sale of such types of appliances.
Sec. 36-1301(12). Applicant. The owner or duly designated
representative of land proposed to be subdivided, or for which conditional
use permit, amendment, variance, zoning certificate or certificate of
occupancy has been requested. Consent shall be required from the
legal owner(s) of the premises.
Sec. 36-1301(13). Area. A piece of land capable of being describe
with such accuracy that its location may be established and boundaries
definitely ascertained.
Sec. 36-1301(14). Automobile Accessory Stores. Stores engaged
primarily in the business of selling tires, batteries, seat covers and
other automobile parts and accessories.
Sec. 36-1301(15). Automobile Sales. The sale of new and used
automobiles and other motor vehicles in operating condition; the
storage of automobiles and other motor vehicles in operating condition;
but not including storage of trucks of more than five tons in weight
or buses; and, the repair and servicing of such vehicles, but not
including body work, painting, or motor rebuilding, unless specifically
permitted by the zoning district regulations.
Sec. 36-1301(16). Awning. A roof -like cover that is temporary
in nature and that projects from the wall of a building for the purpose
of shielding a doorway or window from the elements.
Sec. 36-1301(17). Awning sign. See Sign, Awning, Canopy, and
Marquee.
Sec. 36-1301(18). Banks and Financial Institutions. Commercial
banks, savings and loan associations, brokerage office and other
similar financial institutions, but not including pawn shops.
Sec. 36-1301(19). Beverage Distributors. Warehouses for the
storage and distribution of beer, soft drinks and other beverages, but
not including bottling plants and similar industrial uses.
Sec. 36-1301(20). Block. A tract of land bounded by streets, or
by a combination of streets and public parks, cemeteries, railroads,
rights-of-way, shorelines, or boundary lines of municipalities.
D
Sec. 36-1301(21). RuiZding. Any covered structure built for the
support, shelter or enclosure of persons, animals, chattel or moveable
property of any kind, and which is permanently affixed to the land.
Sec. 36-1301(22). BuiZding, PrincipaZ. A building in which is
conducted the main or principal use of the lot on which said building
is situated.
Sec. 36-1301(23). Bulletin Board Sign. See Sign, Bulletin
Board.
Sec. 36-1301(24). BuZk, Nonconforming. That part of a building,
structure or non building use which does not conform to one or more
of the applicable Bulk Regulations herein.
Sec. 36-1301(25). BuZk Regulations. Regulations controlling the
size of structures and the relationships of structures and uses to
each other and to open areas and lot lines. Bulk regulations include
regulations controlling (1) Maximum height; (2) Maximum lot coverage;
(3) Minimum size of yard and setbacks.
Sec. 36-1301(26). Business and ProfessionaZ Office. The office
of an engineer, dentist, doctor, attorney, real estate broker (agent),
insurance broker, architect, or other similar professional person, and
any office used primarily for accounting, correspondence, research,
editing or administration.
Sec. 36-1301(27). Campground. An area or premises in which
space is provided for transient occupancy or use by tourists occupying
tents, recreational vehicles, or mobile homes less than twelve (12)
feet wide.
Sec. 36-1301(28). Camping TraiZer. A vehicular portable unit
mounted on wheels and constructed with collapsible partial side walls
which fold for towing by another vehicle and unfold at the camp site
to provide temporary living quarters for recreational, camping, or
travel use. (See "Recreational Vehicle".)
Sec. 36-1301(29). Canopy. Any structure, moveable or stationary,
attached to and deriving its support from framework or posts or other
means independent of a connected structure for the purpose of shielding
a platform, stoop or sidewalk from the elements; cr, a roof -like
structure of a permanent nature which projects from the wall of a
structure and overhangs the public way.
Sec. 36-1301(30). Canopy Sign. See Sign, Awning, Canopy, and
Marquee.
Sec. 36-1301(31). Capacity in Persons. The maximum number of
persons that can avail themselves of the services (or goods) of an
establishment, at any one time, with reasonable comfort.
Sec. 36-1301(32). Car Wash. A building or portion thereof,
containing facilities for washing more than two automobiles, using
production line methods with a chain conveyor, blower, steam cleaning
device, or other mechanical devices; or providing space, water,
equipment or soap for the complete or partial hand -washing of such
automobiles, whether by operator or by customer.
Sec. 36-1301(33). Commereia7, District. Any zoning district
designated with a "C", for example "C-1", "C-2", etc.
Sec. 36-1301(34). Common Open Space. A parcel of land or an
area of water, or combination of both land and water, within a site
designated as a planned residential development district and designed
and intended for the use and enjoyment of the residents of the planned
residential development. Common open space does not include streets,
- alleys, parks, off-street parking or loading areas, public open space,
or other facilities dedicated by the developer for public use. Common
open space shall be substantially free of structures but may contain
such improvements as are approved as a part of the general development
plan and are appropriate for the recreation of residents of the planned
residential development.
Sec. 36-1301(35). CompleteZy Enclosed Building. A building
separated on all sides from adjacent open space or from other buildings
by fixed exterior or party walls, pierced only by windows and entrance
or exit doors, and covered by a permanent roof.
Sec. 36-1301(36). Construction Sign. See Sign, Contruction.
Sec. 36-1301(37). Corner Lot. A lot which adjoins the point of
intersection or meeting of two or more streests and in which the
interior angle formed by the street lines is 135 degrees or less. If
the street lines are curved, the angle shall be measured at the point
of intersection of the extensions of the street lines in the directions
which they take at the intersections of the street line with the side
lot and with the rear lot line of the lot. If the street line is
curved at its point of intersection with the side lot line or rear lot
line, the tangent to the curve at that point shall be considered the
direction of the street.
Sec. 36-1301(38). Day Care Home. A home in which care is given
to six (6) or fewer children, not related to the operator by close
ties of blood, marriage, or legal adoption, outside their own home
during any part of the day. Day Care Homes shall meet all requirements
of the Kansas Department of Health and Environment,'6ureau of Maternal
and Child Health.
Sec. 36-1301(39). Density. Restrictions on the number of dwelling
units that may be constructed per acre or per square feet of zoning
lot area.
Sec. 36-1301(40). DeveZoper. The legal or beneficial owner or
owners of all of the land proposed to be included in a planned
development, or the duly authorized agent thereof, the holder of an
option or contract to purchase, a lessee having a remaining term of
not less than forty (40) years, or other person having an enforceable
properietary interest in such land, shall be deemed to be a developer
for the purpose of these Regulations.
Sec. 36-1301(41). Dog KenneZ. Any place where five (5) or more
dogs are kept, maintained, boarded, and/or bred for a fee and/or
offered for sale.
Sec. 36-1301(42). Drive-in Establishment. A place of business
being operated for the sale and purchase at retail of food and other
goods, services or entertainment, which is laid out and equipped so as
to allow some or all of its patrons to be served or accommodated while
remaining in their automobiles on the premises or elsewhere on the
premises but outside any completely enclosed structures; or an
establishment which customarily packages food for carry out.
Sec. 36-1301(43). Dry CZeaning (SeZf Service). An establishment
providing facilities with which customers may dry clean their own
clothes or other fabrics.
Sec. 36-1301(44). Dry CZeaning PZant. An establishment in which
clothing and other fabrics are dry cleaned professionally.
Sec. 36-1301(45). Dwelling. A building or portion thereof, but
not a mobile home, designed or used for residential occupancy.
Sec. 36-1301(46). Dwelling, Attached. A residential building
which is joined to another dwelling at one or more sides by a party
wall or walls.
Sec. 36-1301(47). Dwelling, Detached. A residential building
which is entirely surrounded by open space on the same lot.
Sec. 36-1301(48). Dwelling, MuZtiple-Family. A residential
building containing three or more dwelling units.
Sec. 36-1301(49). Dwelling, Single -Family. A residential
building containing one dwelling unit only.
Sec. 36-1301(50). Dwelling, Two-FamiZy. A residential building
containing two dwelling units only.
Sec. 36-1301(51). Dwelling Unit. One or more rooms in a residential
building or residential portion of a building which are arranged,
designed, used, or intended for use by one family, and which includes
cooking space and lawful sanitary facilities reserved for the occupants
thereof.
Sec. 36-1301(52). Easement. Authorization by a property owner
for the use by another, and for a specified purpose, of any designated
part of his property.
Sec. 36-1301(53). Family. Either (a) an individual or two or
more persons related by blood, marriage or adoption, living together
as a single housekeeping unit in a dwelling unit; or (b) a group of
not more than four (4) persons who need not be related by blood,
marriage, or adoption, living together as a single housekeeping unit
in a dwelling unit; plus in either case, usual domestic servants. A
family may include any number of gratuitous guests or minor children
not related by blood, marriage, or adoption.
Sec. 36-1301(54). Family Care Facility. A facility which
provides resident services in a single family dwelling to six (6) or
fewer individuals who need not be related. These indivuduals may be
handicapped, aged, disabled, or in need of adult supervision, are
undergoing rehabilitation, and are provided service and supervision in
accordance with their individual needs.
Sec. 36-1301(55). Fence. A free-standing structure of metal,
masonry, composition or wood or any combination thereof resting on or
partially buried in the ground and rising above ground level, and used
for confinement, screening or partition purposes.
Sec. 36-1301(56). Final Plat. The map or plan or record of a
subdivision, and any accompanying material, as described in the
Subdivision Regulations.
Sec. 36-1301(57). FZexible zoning. Zoning which permits uses of
land and density of buildings and structures different from those
which are allowed as of right within the zoning district in which the
land is situated.
Sec. 36-1301(58). Flood Fringe. That portion of the flood plain
lying outside of the floodway, i.e., subject to being covered by flood
waters of the regulatory flood, but not required to carry and discharge
the flood waters.
Sec. 36-1301(59). Flood Plain. A watercourse and land adjacent
to a watercourse subject to inundation from a flood having a chance
occurrence in any one year of one percent (1%).
Sec. 36-1301(60). Floodway. The channel of a stream or other
watercourse, and the land areas adjacent to the stream channel, that
are required to carry and discharge the flood waters of the regulatory
flood (the 100 -year flood) without undue restriction.
Sec. 36-1301(61). Floor Area. The sum of the gross horizontal
areas of the several floors of the building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two buildings computed as follows:
1
1
A. For Determining Floor Area Ratio: The sum of the
following areas:(1Y the basement floor area when more
than one-half of the basement height is above the
finished lot grade level where curb level has not been
established; (2) elevator shafts and stairwells at
each floor; (3) floor space used for mechanical equipment
(except equipment, open or enclosed, located on the
roof); (4) penthouses; (5) attic space having headroom
of seven feet, ten inches or more; (6) interior balconies
and mezzanines; (7) enclosed porches; and (8) floor
area devoted to accessory uses. Space devoted to off-
street parking or loading shall not be included in the
floor area. The floor area of scructures devoted to
bulk storage of materials including, but not limited
to, grain elevators and petroleum storage tanks shall
be computed by counting each ten (10) feet of height,
or fraction thereof, as being equal to one floor.
B. For Determining Off-street Parkinq and Loading Re uiremen s.
The sum of the following areas: 1) floor space devoted
to the principal use of the premises, including accessory
storage areas located within selling or working space
such as counters, racks, or closets; (2) any basement
floor area devoted to retailing activities; and (3)
floor area devoted to the production or processing of
goods or to business or professional offices. For this
purpose, floor area shall not include space devoted
primarily to storage purposes (except as otherwise
noted herein), off-street parking or loading facilities,
including aisles, ramps, and maneuvering space, or
basement floor area other than area devoted to retailing
activities, the production or processing of goods, or
business or professional offices.
Sec. 36-1301(62). Food Stores. Stores which sell foods, fresh
or frozen, and other items commonly sold in connection therewith and
including, but not limited to, stores commonly referred to as dairy
stores, delicatessens, fruit and vegetable markets, grocery stores,
health food stores, nut shops and supermarkets. Sales must be made at
retail on the premises.
Sec. 36-1301(63). FraternaZ and/or Service CZubs. An association
formally organized for a common purpose, or interest, and operated not
for profit for persons who are bona fide members paying annual dues,
which owns, hires, or leases premises, the use of which premises is
restricted to such members and their guests. The affairs and managemen
of such association are conducted by a board of directors, executive
committee, or similar body chosen by the members at their annual
meeting. Food, meals and beverages may be served on such premises,
provided adequate dining space and kitchen facilities are available.
Alcoholic beverages may be sold or served to members and their guests,
provided such service is secondary and incidental to the promotion of
some other common objective of the organization, and further provided
that such sale or service of alcoholic beverages is in compliance with
all federal, state, county and local laws.
Sec. 36-1301(64). Front Lot Line. See Lot line, Front.
Sec. 36-1301(65). Front Yard. See Yard, Front.
Sec. 36-1301(66). Frontage. The length of a front lot line or
lines.
Sec. 36-1301(67). Garage. A building for the storage of motor
vehicles.
Sec. 36-1301(68). Garden Stores. Stores which sell growing
plants, seeds, bulbs, shrubs and gardening and landscaping tools,
implements and supplies, including lawn furniture.
Sec. 36-1301(69). GasoZine Service Station. Any use of land,
including any building or structure thereon, that is used for the
supply of gasoline or other fuel for the propulsion of vehicles,
including any area, building or structure used for polishing, greasing,
washing, cleaning or servicing or repairing of motor vehicles.
Sec. 36-1301(70). Ground Sign. See Sign, Ground.
Sec. 36-1301(71). Group Care Facility. A facility which provides
resident services to seven (7) or more individuals of whom one or more
are unrelated. These individuals may be handicapped, aged or disabled,
are undergoing rehabilitation, and are provided services to meet their
needs.
Sec. 36-1301(72). Group Day Care Centers. A day nursery providi
care for seven (7) or more children for part or all of a day, away
from the home of the parent or legal guardian; and including full day
care, nursery schools, play groups, centers giving emphasis to special
programming for children, kindergartens not accredited by the State
Department of Public Instruction, and other establishments offering
care to groups of children for part or all of the day. Group Day Care
Centers shall meet all requirements of the Kansas Department of
Health and Environment, Bureau of Maternal and Child Health.
Sec. 36-1301(73). 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, skylights, 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. 36-1301(74). Home Occupation. A profession or other occupat
not otherwise permitted in the district, which is conducted as an
accessory use on a residential lot by one or more members of the
family residing on the premises.
Sec. 36-1301(75). HoteZ. A building or portion thereof, or a
group of buildings, which provides sleeping accommodations for transients
on a daily or weekly basis, whether such establishments are designated
as a hotel, inn, automobile court, motel, motor inn, motor lodge,
tourist cabin, tourist court, or otherwise.
Sec. 36-1301(76). Identification Sign. See Sign, Identification.
Sec. 36-1301(77). IndustriaZ District. Any zoning district
designated with an "I", for example "I-1", "I-2", etc.
Sec. 36-1301(78). Junk Yard. An area of land with or without
buildings, used for or occupied by a deposit, collection or storage,
outside a completely enclosed building, of used or discarded materials
such as wastepaper, rags or scrap material, used building materials,
house furnishings, machinery, vehicles or parts thereof, with or
without the dismantling, processing, salvage, sale or other use or
disposition of the same.
Sec. 36-1301(79). Landscaping. The improvement of a lot, parcel
or tract of land with grass and shrubs and/or trees. Landscaping may
include pedestrian walks, flowerbeds, ornamental objects such as
fountains, statuary, and other similar natural and artificial objects
designed and arranged to produce an aesthetically pleasing effect.
Sec. 36-1301(80). Laundry. An establishment in which clothing
and other fabrics are laundered professionally.
Sec. 36-1301(81). Laundry (SeZf-service). An establishment
providing facilities with which customers may launder their own clothes
or other fabrics.
Sec. 36-1301(82). Lodging House. A business establishment which
provides sleeping and living quarters (but not individual cooking
facilities) in an immovable structure on a weekly or monthly basis.
Sec. 36-1301(83). Lot Area. The area of a horizontal plane
bounded by the front, side and rear lot lines.
Sec. 36-1301(84). Lot, Corner. See Corner Lot.
Sec. 36-1301(85). Lot Coverage. That percentage of a lot which,
when viewed directly from above, would be covered by a structure or
structures, or any part thereof, excluding projecting roof eaves.
Sec. 36-1301(86). Lot Depth. The distance between the midpoint
of the front lot line and the midpoint of the rear lot line.
Sec. 36-1301(87). Lot Line. Lot boundary line. (See Lot line,
Front; Lot line, Rear; Lot line, Side.)
Sec. 36-1301(88). Lot Line, Front. A street right-of-way line
forming the boundary of a lot.
Sec. 36-1301(89). Lot Line, Rear. The lot line that is most
distant from, and is, or is most nearly, parallel to, the front lot
line. If a rear lot line is less than twelve (12) feet long, or if
the lot comes to a point at the rear, the rear lot line shall be a
line at least fifteen (15) feet long, lying wholly within the lot,
parallel to the front line. If a zoning lot has two (2) or more front
lot lines, the owner or developer shall designate the yard which is to
be the rear yard.
Sec. 36-1301(90). Lot Line, Side. A lot line which is neither a
front lot line or a rear lot line.
Sec. 36-1301(91). Lot of Record. A lot which is part of a
subdivision, the plat of which has been recorded in the Office of the
Register of Deeds of Saline County, or a parcel of land the deed to
which was recorded prior to adoption of these Regulations. The owner
of such a lot or parcel shall be deemed to be any equitable owner.
Sec. 36-1301(92). Lot Size Requirements. Restrictions on the
dimensions of lots including (1) minimum lot area, width and depth;
and (2) maximum density. Minimum lot area, width and depth establish
the size of the zoning lot on which a structure or use, or two or more
structures or uses, may be constructed or established.
Sec. 36-1301(93). Lot Width. The distance on a horizontal plane
between the side lot lines measured at right angles to the lot depth
at the established front building line. Lot width shall never be less
than thirty-five (35) feet at the front lot line.
Sec. 36-1301(94). Lot, zoning. A parcel of land that is designat d
by its owner or developer, at the time of applying for a zoning certifi ate
as a tract all of which is to be used, developed, or built upon as a
unit under single ownership. As long as it satisfies the above require ent!
such lot may consist of: (1) a single lot of record; (2) a portion of
a lot of record; or (3) a combination of complete lots of record,
complete lots and portions of lots of record, or portions of lots of
record.
Sec. 36-1301(95). Marquee Sign. See Sign, Awning, Canopy, and
Marquee.
Sec. 36-1301(96). MobiZe Home. Any moveable structure designed
for occupancy as a residence, office, business, etc., which was not or
cannot be determined to have been built in accordance with the Building
Codes of the City. This definition excludes any moveable structure
which was designed for recreational purposes or not designed for
permanent attachment to utilities.
Sec. 36-1301(97). MobiZe Home Court. See Mobile Home Park.
Sec. 36-1301(98). MobiZe Home Park. An area, piece, parcel,
tract, lot, or plot of land, which is licensed by the City, and which
is used or intended for use or occupancy by one or more mobile homes.
This term does not include sales lots on which unoccupied mobile
homes, whether new or used, are located for the purposes of storage,
inspection, or sale.
Sec. 36-1301(99). MobiZe Home Space. A plot of land within a
mobile home park which can accommodate one (1) mobile home and which
provides the necessary utility services for water, sewerage, and
electricity.
Sec. 36-1301(100). MobiZe Sign. See Sign, Mobile.
Sec. 36-1301(101). Motor Freight TerminaZ. A building or area
in which freight brought by truck is assembled and/or stored for
routing in intrastate and interstate shipment by truck or in which
semi -trailers, including tractor and/or trailer units, and other
trucks are parked or stored.
Sec. 36-1301(102). Motor Home. A vehicular unit designed to
provide temporary living quarters for recreational, camping, or travel
use built on or permanently attached to a self-propelled motor vehicle
chassis or on a chassis cab or van which is an integral part of the
completed vehicle. (See "Recreational Vehicle".)
Sec. 36-1301(103). NamepZate Sign. See Sign, Nameplate.
Sec. 36-1301(104). Nonconforming Lot of Record. An unimproved
lot which does not comply with the lot size requirements for any
permitted use in the district in which it is located.
Sec. 36-1301(105). Nonconforming Structure. A structure which
does not comply with the lot size requirements of bulk regulations
applicable to new structures in the zoning district in which it is
located.
Sec. 36-1301(106). Nonconforming Use. An existing use of a
structure or land which does not comply in some respect with the use
regulations applicable to new uses in the zoning district in which it
is located.
Sec. 36-1301(107). Nonconformity. A nonconforming use, nonconforrrjing
structure, or a nonconforming lot of record. II
Sec. 36-1301(108). Nursing or ConvaZescent Home. An institution
for the care of children or the aged or infirm, or a place of rest for
those suffering bodily disorders, but not including facilities for
surgical care or institutions for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
Sec. 36-1301(109). Occupancy Permit. A permit issued by the
Zoning Administrator after certification that such land, use, structure
or building is fit for human occupancy and complies with all of the
provisions of the zoning regulations and other applicable city codes,
ordinances, rules and regulations.
Sec. 36-1301(110). Office. See Business and Professional Offices.
Sec. 36-1301(114). Parking Garage. A building used for the
storage of motor vehicles, which contains space rented to the general
public by the hour, day, week, month or year, and including the
accessory sale of gasoline and motor oil if wholly within a completely
enclosed building.
Sec. 36-1301(115). Parking Lot. Any open area used for the
storage of motor vehicles which contains space rented to the general
public by the hour, day, week, month or year.
Sec. 36-1301(116). Parking Space. A surfaced area, enclosed in
the main building or in an accessory building, or unenclosed, exclusive
of driveways, permanently reserved for the temporary storage of one
automobile, and connected with a street or alley by a surfaced driveway
which affords satisfactory ingress or egress for automobiles.
Sec. 36-1301(117). Pharmacies. Stores which sell prescription
and nonprescription drugs and medicine and medical, surgical, and
dental supplies and appliances only.
Sec. 36-1301(118). Planning Commission. The Salina City Planning
Commission, as established in accordance with Kansas Statutes Annotated,
Sections 12-701 et. seq. and with the powers and authority therein
granted.
Sec. 36-1301(119). Pole Sign. See Sign, Pole.
Sec. 36-1301(120). Preliminary PZat. The preliminary drawings
and information as described in these regulations and as defined in
the subdivision to be submitted to the Planning Commission for its
approval.
Sec. 36-1301(121). PrineipaZ Structure. A structure in which a
principal use of the lot on which the structure is located is conducted.
Sec. 36-1301(122). PrincipaZ Use. The main use of land or
structures as distinguished from a subordinate or accessory use.
Sec. 36-1301(123). Private CZub. An association organized and
operated for profit or not for profit for persons who are bona fide
members paying annual dues, which owns, hires, or leases premises, the
use of which premises is restricted to such members and their guests.
Food, meals and beverages may be served on such premises provided
adequate dining room space and kitchen facilities are available.
Alcoholic beverages may be served or sold to members and their guests
provided such service or sale of alcoholic beverages is in compliance
with all federal, state, county and local laws.
Sec. 36-1301(124). Projecting Sign. See Sign, Projecting.
Sec. 36-1301(125). PubZic Open Space. A parcel of land or an
area of water, or a combination of land and water dedicated to public
use and available for the use and enjoyment of the general public.
Public open space does not include streets, alleys or off-street
parking or loading areas.
Sec. 36-1301(111).
Off Premise Sign. See
Sign, Advertising.
Sec. 36-1301(112).
Outdoor Storage. The
storage of goods and
materials outside of any
building or structure,
but not including
storage of a temporary or
emergency nature.
Sec. 36-1301(113).
beverages
Package Liquor Store.
An establishment in
which alcoholic
are sold for consumption
off the premises.
Sec. 36-1301(114). Parking Garage. A building used for the
storage of motor vehicles, which contains space rented to the general
public by the hour, day, week, month or year, and including the
accessory sale of gasoline and motor oil if wholly within a completely
enclosed building.
Sec. 36-1301(115). Parking Lot. Any open area used for the
storage of motor vehicles which contains space rented to the general
public by the hour, day, week, month or year.
Sec. 36-1301(116). Parking Space. A surfaced area, enclosed in
the main building or in an accessory building, or unenclosed, exclusive
of driveways, permanently reserved for the temporary storage of one
automobile, and connected with a street or alley by a surfaced driveway
which affords satisfactory ingress or egress for automobiles.
Sec. 36-1301(117). Pharmacies. Stores which sell prescription
and nonprescription drugs and medicine and medical, surgical, and
dental supplies and appliances only.
Sec. 36-1301(118). Planning Commission. The Salina City Planning
Commission, as established in accordance with Kansas Statutes Annotated,
Sections 12-701 et. seq. and with the powers and authority therein
granted.
Sec. 36-1301(119). Pole Sign. See Sign, Pole.
Sec. 36-1301(120). Preliminary PZat. The preliminary drawings
and information as described in these regulations and as defined in
the subdivision to be submitted to the Planning Commission for its
approval.
Sec. 36-1301(121). PrineipaZ Structure. A structure in which a
principal use of the lot on which the structure is located is conducted.
Sec. 36-1301(122). PrincipaZ Use. The main use of land or
structures as distinguished from a subordinate or accessory use.
Sec. 36-1301(123). Private CZub. An association organized and
operated for profit or not for profit for persons who are bona fide
members paying annual dues, which owns, hires, or leases premises, the
use of which premises is restricted to such members and their guests.
Food, meals and beverages may be served on such premises provided
adequate dining room space and kitchen facilities are available.
Alcoholic beverages may be served or sold to members and their guests
provided such service or sale of alcoholic beverages is in compliance
with all federal, state, county and local laws.
Sec. 36-1301(124). Projecting Sign. See Sign, Projecting.
Sec. 36-1301(125). PubZic Open Space. A parcel of land or an
area of water, or a combination of land and water dedicated to public
use and available for the use and enjoyment of the general public.
Public open space does not include streets, alleys or off-street
parking or loading areas.
Sec. 36-1301(126). Public Sewer and Water System. Any system,
other than an individual septic tank or tile field, or individual
well, operated by a municipality or other governmental agency or a
public utility for the disposal of wastes and the furnishing of water.
Sec. 36-1301(127). Railroad Right -of -Way. A strip of land with
tracks and auxiliary facilities for track operation, but not including
freight depots or stations, loading platforms, train sheds, warehouses,
car or locomotive shops, or car yards.
Sec. 36-1301(128). Real Estate Sign. See Sign, Real Estate.
Sec. 36-1301(129). Rear Lot Line. See Lot Line, Rear.
Sec. 36-1301(130). Rear Yard. See Yard, Rear.
Sec. 36-1301(131). Regulatory Flood. A flood having a chance
occurrence in any one year of one percent (N), as expressed in the
latest engineering studies in areas of flood plain jurisdiction.
Sec. 36-1301(132). Remodeling. Any change in a structure (other
than incidental repairs and normal maintenance) which may prolong its
useful life, or the useful life of its supporting members such as
bearing walls or partitions, columns, beams, girders or foundations;
or the construction of any addition to, or enlargement of, a structure;
or the removal of any portion of a structure.
Sec. 36-1301(133). Residential Building. A building all or part
of which contains one or more dwelling units, including single-family
dwellings, two-family dwellings, multiple -family dwellings, lodging
houses, mobile homes, dormitories, sororities and fraternities.
Sec. 36-1301(134). Residential District. Any zoning district
designated with an "R", for example "R-1", "R-2", etc., any planned
development district that contains residential buildings and the MH
Mobile Home District., ,
Sec. 36-1301(135). Restaurant. A public eating house, including
but not limited to the types of business establishments customarily
referred to as cafeterias, coffee shops, dairy bars, restaurants and
soda fountains.
Sec. 36-1301(136). Retail Sales. The sale of goods, merchandise
and commodities for use or consumption.
Sec. 36-1301(137). Riding Stables. Structures in which saddle
horses are kept, maintained and/or boarded, and in connection with
which saddle horses are rented to the general public or made available
to members of a private club. Exercise rings and show rings shall be
considered uses accessory to the use of the premises of a riding
stable.
Sec. 36-1301(138). Recreational Vehicle. A vehicular type unit
primarily designed as temporary living quarters for recreational,
camping, or travel use, which either has its own motive power or is
mounted on or drawn by another vehicle. The basic entities include:
travel trailer, camping trailer, topper, truck camper, and motor home.
Sec. 36-1301(139). Right -of -Way. A strip of land occupied or
intended to be occupied by a street, crosswalk, railroad, road, electri
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer main, or for another special use.
Sec. 36-1301(140). Roof Sign. See Sign, Roof.
Sec. 36-1301(141). Screening. Decorative fencing or evergreen
vegetation maintained for the purpose of concealing from view the area
behind such structures or evergreen vegetation. When fencing is used
for screening, it shall be not less than six (6) or more than eight
(8) feet in height.
Sec. 36-1301(142). Setback. The distance between the front lot
line and the principal building on the lot.
Sec. 36-1301(143). Side Lot Line. See Lot Line, Side.
Sec. 36-1301(144). Side Yard. See Yard, Side.
Sec. 36-1301(145). Sign. Any writing (including letters, words
or numerals), pictorial representation (including illustrations or
decorations), emblem (including devices, symbols, or trademarks),
flag, banner, streamer, pennant, string of lights, or display calculat
to attract the attention of the public, or any other figure of similar
character which: (1) is a structure or any part thereof, or a portable
display, or is attached to, painted on, or in any other manner
represented on a building or other structure or on the ground; (2) is
used to announce, direct attention to, or advertise; and (3) is not
located inside a building.
Sec. 36-1301(146). Sign, Advertising. A sign which directs
attention to a business, commodity, service, or entertainment conducted,
sold, or offered at a location other than the premises on which the
sign is located, or to which it is affixed (off -premise sign).
Sec. 36-1301(147). Sign, Awning, Canapy, and Marquee. A sign
that is mounted or painted on, or attached to, an awning, canopy, or
marquee that is otherwise permitted by these Regulations. No such
sign shall project more than twenty-four (24) inches above, below, or
twelve (12) inches beyond the physical dimensions of the awning,
canopy, or marquee, and a minimum of eight (8) feet of clearance shall
be provided above grade.
Sec. 36-1301(148). Sign, Bulletin Board. A sign that indicates
the name of an institution or organization on whose premises it is
located and which contains the name of the institution or organization,
the name or names of persons connected with it, and announcements of
persons, events, or activities occurring at the institution. Such
signs may also present a greeting or similar message.
Sec. 36-1301(149). Sign, Business. A sign which directs attentio
to a business or profession conducted, or to a commodity or service
sold, offered or manufactured, or an entertainment offered, on the
premises where the sign is located or to which it is affixed.
Sec. 36-1301(150). Sign, Canopy. See Sign, Awning, Canopy, and
Marquee.
Sec. 36-1301(151). Sign, Construction. A temporary sign indicati
the names of architects, engineers, landscape architects, contractors,
and similar artisans involved in the design and construction of a
structure or project only during the construction period and only on
the premises on which the construction is taking place.
Sec. 36-1301(152). Sign, Ground. Any sign placed upon, or
supported by, the ground independently of the principal building or
structure on the property. Signs on accessory structures shall be
considered ground signs.
Sec. 36-1301(153). Sign, Identification. A sign giving the name
and address of a building, business, development or establishment.
Such signs may be wholly or partly devoted to a readily recognized
symbol.
Sec. 36-1301(159). Sign, Projecting. A sign that is wholly or
partly dependent upon a building for support and which projects more
than twelve (12) inches from such building.
Sec. 36-1301(160). Sign, ReaZ Estate. A sign pertaining to the
sale or lease of the lot or tract of land on which the sign is located,
or to the sale or lease of one or more structures, or a portion thereof
located thereon.
Sec. 36-1301(161). Sign, Roof. A sign erected, constructed, and
maintained wholly upon or over the roof of a building and having the
roof as the principal means of support.
Sec. 36-1301(162). Sign, WaZZ. A sign fastened to or painted on
a wall of a building or structure in such a manner that the wall
becomes merely the supporting structure or forms the background surface,
and which does not project more than twelve (12) inches from such
building.
Sec. 36-1301(163). SmaZZ AnimaZ HospitaZ. A facility for the
medical and surgical treatment of ordinary household pets, such as
dogs, cats, birds, and the like, excluding however, horses, donkeys,
burros, goats, sheep, or other similar animals or pets not capable of
being cared for entirely within the confines of a residence.
Sec. 36-1301(164). Structure. Anything constructed or erected
with a fixed location on the ground, or attached to something having a
fixed location on the ground. Among other things, structures include
buildings, walls, sheds, towers, and bins. For purposes of these
Regulations, residential air-conditioning condensing units and similar
cooling system apparatus, or so-called "window" or "room" conditioners
shall not be considered as structures.
Sec. 36-1301(165). Subdivision. Any land, vacant or improved,
which is divided or proposed to be divided into two (2) or more lots
for the purpose of offer, sale, lease or development. Subdivision
includes the division or development of residential and non-residential
zoned land.
Sec. 36-1301(166). Subdivision Regulations. The official
Subdivision Regulations of the City, together with all amendments
thereto, adopted pursuant to Kansas Statutes Annotated, Section 12-705.
Sec. 36-1301(167). Tavern. An establishment in which the
principal function is the selling or serving of beer having an alcoholic
content of no greater than 3.2 percent by volume to customers for
consumption on the premises.
Sec. 36-1301(168). Temporary Use. A use permitted in the zoning
district subject to a specific time limit; unless otherwise specified
in these Regulations, a time period not to exceed two (2) years.
Sec. 36-1301(154).
Sign,
Marquee. See
Sign, Awning, Canopy,
and Marquee.
Sec. 36-1301(155).
Sign,
Mobile. A sign
which is designed to
be easily transported and is attached to a trailer
or other non -motive
powered vehicle.
Sec. 36-1301(156).
and/or address of the owner
Sign,
or
NamepZate. A
occupant of a
sign giving the name
building or premises on
which it is located, and
where
applicable, a
professional status.
Sec. 36-1301(157).
Sign,
Off -Premise.
See Sign, Advertising.
Sec. 36-1301(158).
Sign,
Pole. A sign
that is mounted on a
free-standing pole, the
bottom
edge of which
sign is six (6) feet or
more above ground level.
Sec. 36-1301(159). Sign, Projecting. A sign that is wholly or
partly dependent upon a building for support and which projects more
than twelve (12) inches from such building.
Sec. 36-1301(160). Sign, ReaZ Estate. A sign pertaining to the
sale or lease of the lot or tract of land on which the sign is located,
or to the sale or lease of one or more structures, or a portion thereof
located thereon.
Sec. 36-1301(161). Sign, Roof. A sign erected, constructed, and
maintained wholly upon or over the roof of a building and having the
roof as the principal means of support.
Sec. 36-1301(162). Sign, WaZZ. A sign fastened to or painted on
a wall of a building or structure in such a manner that the wall
becomes merely the supporting structure or forms the background surface,
and which does not project more than twelve (12) inches from such
building.
Sec. 36-1301(163). SmaZZ AnimaZ HospitaZ. A facility for the
medical and surgical treatment of ordinary household pets, such as
dogs, cats, birds, and the like, excluding however, horses, donkeys,
burros, goats, sheep, or other similar animals or pets not capable of
being cared for entirely within the confines of a residence.
Sec. 36-1301(164). Structure. Anything constructed or erected
with a fixed location on the ground, or attached to something having a
fixed location on the ground. Among other things, structures include
buildings, walls, sheds, towers, and bins. For purposes of these
Regulations, residential air-conditioning condensing units and similar
cooling system apparatus, or so-called "window" or "room" conditioners
shall not be considered as structures.
Sec. 36-1301(165). Subdivision. Any land, vacant or improved,
which is divided or proposed to be divided into two (2) or more lots
for the purpose of offer, sale, lease or development. Subdivision
includes the division or development of residential and non-residential
zoned land.
Sec. 36-1301(166). Subdivision Regulations. The official
Subdivision Regulations of the City, together with all amendments
thereto, adopted pursuant to Kansas Statutes Annotated, Section 12-705.
Sec. 36-1301(167). Tavern. An establishment in which the
principal function is the selling or serving of beer having an alcoholic
content of no greater than 3.2 percent by volume to customers for
consumption on the premises.
Sec. 36-1301(168). Temporary Use. A use permitted in the zoning
district subject to a specific time limit; unless otherwise specified
in these Regulations, a time period not to exceed two (2) years.
1
1
1
Sec. 36-1301(169). Topper. A portable unit constructed to
provide temporary living quarters for recreational, travel, or camping
use, consisting of a roof and sides and designed to be loaded onto and
unloaded from the bed of a pickup truck. (See "Recreational Vehicle".)
Sec. 36-1301(170). TraiZer. A vehicle standing on wheels or on
rigid supports which is used for transporting boats, cargo, or property.
Sec. 36-1301(171). Travel TraiZer. A vehicular unit, mounted on
wheels, designed to provide temporary living quarters for recreational,
camping, or travel use and of such size or weight as not to require
special highway movement permits when drawn by an authorized vehicle,
and with a living area of less than two hundred twenty (220) square
feet, excluding built-in equipment (such as wardrobes, closets, cabinets
kitchen units or fixtures) and bath and toilet rooms. (See "Recreationa
Vehicle".)
Sec. 36-1301(172). Truck Camper. A portable unit constructed to
provide temporary living quarters for recreational, travel, or camping
use, consisting of a roof and sides and designed to be loaded onto and
unloaded from the bed of a pickup truck. (See "Recreational Vehicle".)
Sec. 36-1301(173). Undue Restriction of the Regulatory Flood. A
restriction or blocking of the conveyance of floodwater on a flood
plain created by structures or fill which, when coupled with an
assumed equal conveyance reduction on the opposite side of the flood
plain, results in an increase in the height of the Regulatory Flood of
more than one (1) foot.
Sec. 36-1301(174). Use. Any purpose for which a structure or a
tract of land may be designed, arranged, intended, maintained, or
occupied; also, any activity, occupation, business or operation
carried on, or intended to be carried on, in a structure or on a
tract of land.
Sec. 36-1301(175). Use Regulations. The provisions of these
Regulations which identify permitted and conditional uses, impose use
limitations, require adherance to performance standards and regulate
home occupations and accessory and temporary uses.
Sec. 36-1301(176). Vision CZearance Area. A triangular area on
a lot at the intersection of two streets or a street and a railroad,
two sides of which are lot lines measured from the corner intersection
of the lot lines to a distance specified in these Regulations. The
third side of the triangle is a line across the corner of the lot
joining the ends of the other two sides. Where the lot lines at
intersections have rounded corners, the lot lines will be extended in
a straight line to a point of intersection. The vision clearance area
contains no plantings, walls, structures, or temporary or permanent
obstructions exceeding three and one-half (32) feet in height measured
from the top of the curb.
Sec. 36-1301(177). WaZZ Sign. See Sign, Wall.
Sec. 36-1301(178). WholesaZe SaZes. The sale of goods,
merchandise and commodities for resale.
Sec. 36-1301(179). Width, Lot. See Lot Width.
Sec. 36-1301(180). Yard. Open space on a lot which is unoccupied
and unobstructed from its lowest level to the sky, except for permitted
obstructions.
Sec. 36-1301(181). Yard, Front. A yard extending along the full
length of a front lot line and back to a line drawn parallel to the
front lot line at a distance therefrom equal to the depth of the
required front yard. On a corner lot or a double or reverse frontage
lot, each yard that abuts a front lot line shall be considered a front
yard.
Sec. 36-1301(182). Yard, Rear. A yard extending along the full
length of the rear lot line and back to a line drawn parallel to the
rear lot line at a distance therefrom equal to the depth if the
required rear yard. In the case of a corner lot, there shall be no
rear yard as defined, and in such case the sides opposite the street
sides shall be considered as side yards for setback purposes.
Sec. 36-1301(183). Yard, Side. A yard extending along a side
lot line and back to a line drawn parallel to the side lot line at a
distance therefrom equal to the width of the required minimum side
yard, but excluding any area encompassed within a front yard or rear
yard. Dimensions of minimum side yards specified in the district
regulations of these Regulations refer to the required width of each
side yard rather than to the width of both side yards, unless otherwise
specified.
Sec. 36-1301(184). YMCA, YWCA, Boy Scouts, GirZ Scouts, Campfire
GirZs and other similar Groups. An association formally organized for
a common purpose, or interest, and operated not for profit for persons
who are bona fide members, which owns, hires, or leases premises, the
use of which premises is primarily utilized for the promotion of the
common purpose or interest of the association. Food, meals and beverag
may be served on such premises, provided adequate dining room space
and kitchen facilities are available. No alcoholic beverages may be
served or sold on the premises.
Sec. 36-1301(185). Zoning Lot. See Lot, Zoning.
Sec. 36-1301(186). Zoning Regulations. The official zoning
regulations of the City together with any and all amendments adopted
pursuant to Kansas Statutes Annotated Sections 12-107, et. seq.
"Sections 36-1302 - 36-1399. Reserved."
1
Section 2. This ordinance shall be in full force and effect from and
after its adoption and publication in the official city newspaper.
1
(SEAL)
Attest:
D. L. Harrison, City Clerk
Introduced: December 6, 1976
Passed: December 13, 1976
rem