23-11175 Amending Zoning for Group Day Care Homes (Summary published in The Salina Journal on October CI 2023.)
(Published on the City of Salina's website for a minimum of one week from October 9 , 2023.)
ORDINANCE NUMBER 23-11175
AN ORDINANCE AMENDING CHAPTER 42 OF THE SALINA CODE REGARDING THE
SUBJECT OF ZONING FOR USES RELATING TO CHILD CARE AND PRESCHOOL BY
AMENDING SECTIONS 42-128, 42-143, 42-158, 42-173, 42-188, 42-203, AND 42-218 BY
DELETING GROUP DAY CARE CENTERS FROM AND ADDING GROUP DAY CARE
HOMES, CHILD CARE CENTERS, AND PRESCHOOLS TO THE LIST OF CONDITIONAL
USES IN THE RS (SINGLE-FAMILY RESIDENTIAL SUBURBAN), R (SINGLE-FAMILY
RESIDENTIAL), R-1 (SINGLE-FAMILY RESIDENTIAL), R-2 (MULTIPLE-FAMILY
RESIDENTIAL), R-2.5 (MULTIPLE-FAMILY RESIDENTIAL), R-3 (MULTIPLE-FAMILY
8 RESIDENTIAL), AND MH-S (MANUFACTURED HOME SUBDIVISION) ZONING
DISTRICTS; AMENDING SECTION 42-60 TO ADD LICENSED DAY CARE HOME AND
GROUP DAY CARE HOME PROVIDING CARE FOR NO MORE THAN TWELVE (12)
CHILDREN TO THE LIST OF PERMITTED HOME OCCUPATIONS; AMENDING ARTICLE
XIV DEFINITIONS BY AMENDING SECTIONS 42-654 DEFINING DAY CARE HOME AND
42-689 DEFINING GROUP DAY CARE CENTER AND BY ADDING DEFINITIONAL
SECTIONS 42-648.1 (CHILD CARE CENTER),42-654(DAY CARE HOME),42-670.1 (FAMILY
DAY CARE HOME),42-689(GROUP DAY CARE HOME),AND 42-739.1 (PRESCHOOL) ;AND
REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 42-128 of the RS district regulations is amended to read as follows:
Sec. 42-128. Conditional uses.
Conditional uses in the RS district are as follows:
(1) Churches, chapels,temples, synagogues, cathedrals and shrines;
(2) Group-care facilities;
(3) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(4) Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject
to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5) Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened
from adjacent residential property and shall be directly accessible to a collector or arterial
street;
(6) Public utility uses, as follows, provide that the location is first approved by the planning
commission, and provided further,that a landscape plan or screening plan, if necessary, is
first approved by the planning commission:
a. Substations;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Ambulance services.
(7) Schools, primary, intermediate and secondary;
(8) Swimming clubs,tennis clubs and clubhouses accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as defined in this chapter.
I
I
I
Section 2. Amendment. Section 42-143 of the R district regulations is amended to read as follows:
Sec. 42-143. Conditional uses.
Conditional uses in the R district are as follows:
(1) Churches, chapels, temples, synagogues, cathedrals and shrines;
(2) Group-care facilities;
(3) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(4) Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject
to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(5) Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened
from adjacent residential property and shall be directly accessible to a collector or arterial
street;
(6) 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. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(7) Schools: primary, intermediate and secondary;
(8) Swimming clubs, tennis clubs, and clubhouses accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as defined in this chapter.
Section 3. Amendment. Section 42-158 of the R-1 district regulations is amended to read as follows:
Sec. 42-158. Conditional uses.
Conditional uses in the R-1 district are as follows:
(1) Churches, chapels,temples, synagogues, cathedrals and shrines;
(2) Group-care facilities;
(3) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(4) Hobby breeders keeping between eleven(11) and nineteen (19) dogs on a zoning lot, subject
to the provisions of adequate screening, waste disposal facilities, pest control and fencing;
(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;
2
I
I
I
(6) 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. Ambulance service;
b. Gas regulator stations;
Z c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(7) Schools: primary, intermediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as defined in this chapter.
Section 4. Amendment. Section 42-173 of the R-2 district regulations is amended to read as follows:
Sec. 42-173. Conditional uses.
Conditional uses in the R-2 district are as follows:
(1) Churches, chapels,temples, synagogues, cathedrals and shrines;
(2) Group care facilities;
(3) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(4) Group rehabilitation facility;
(5) Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject
to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(6) Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened
from adjacent residential property and shall be directly accessible to a collector or arterial
street;
(7) Multiple-family dwellings; provided however,that any such use which exists on March 10,
1989, shall be deemed to be a nonconforming use but shall, without further action be deemed
a lawful conforming use;
(8) 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. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Rooming and boarding houses;
(10) Schools: primary, intermediate and secondary;
(11) Single-family attached dwellings exceeding two (2)but not exceeding six(6) units per
building;
(12) Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(13) YMCA, YWCA and other similar uses, as defined in this chapter.
Section 5. Amendment. Section 42-188 of the R-2.5 district regulations is amended to read as follows:
3
I
I
I
Sec. 42-188. Conditional uses.
Conditional uses in the R-2.5 district are as follows:
(1) Churches, chapels, temples, synagogues, cathedrals and shrines;
(2) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(3) Group rehabilitation facility;
(4) Hobby breeders keeping between eleven(11) and nineteen (19) dogs on a zoning lot, subject
3 to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5) Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened
from adjacent residential property;
(6) Multiple-family dwellings for elderly and/or handicapped persons with the following
permitted exceptions to the required bulk and lot size:
a. Minimum lot area: Five hundred (500) square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: One hundred fifty(150) feet except as provided in subsection
(6)b.2.ii.
2. Minimum yard requirements:
A. Front yard: Thirty (30) feet on all sides abutting a street.
B. Side yard:Fifteen(15)feet except there shall be an additional side yard setback of one
(1) foot for each two (2) feet of height over fifty(50) feet.
C. Rear yard: Twenty-five (25) feet.
(7) Professional offices, provided that they be located on an arterial or collector street and occupy
a structure of less than two thousand (2,000) square feet of gross floor area;
(8) 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. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Schools: primary, intermediate and secondary;
(10) Swimming clubs, tennis clubs and clubhouses accessory to golf courses;
(11) YMCA, YWCA and other similar uses, as defined in this chapter.
Section 6. Amendment. Section 42-203 of the R-3 district regulations is amended to read as follows:
Sec. 42-203. Conditional uses.
Conditional uses in the R-3 district are as follows:
(1) Churches, chapels,temples, synagogues, cathedrals and shrines;
(2) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
4
1
I
I
(3) Group rehabilitation facility;
(4) Hobby breeders keeping between eleven (11) and nineteen (19) dogs on a zoning lot, subject
to the provision of adequate screening, waste disposal facilities, pest control and fencing;
(5) Hospitals, sanitariums, rest homes and nursing homes, provided that they shall be screened
from adjacent residential property;
W (6) Multiple-family dwellings for elderly and/or handicapped persons with the following
permitted exceptions to the required bulk and lot size:
D a. Minimum lot area: Five hundred (500) square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: One hundred fifty(150)feet except as provided in subsection
(6)b.2.ii.
2. Minimum and requirements:
Y
A. Front yard: Thirty(30) feet on all sides abutting a street.
B. Side yard: Fifteen(15)feet except there shall be an additional side yard setback of one
(1) foot for each two (2) feet of height over fifty (50) feet.
C. Rear yard: Twenty-five (25) feet.
(7) Professional offices, provided that they be located on an arterial or collector street and occupy
a structure of less than two thousand (2,000) square feet of gross floor area;
(8) 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. Ambulance services;
b. Gas regulator stations;
I. c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Schools: primary, intermediate and secondary;
(10) Swimming clubs, tennis clubs and clubhouses accessory to golf courses; YMCA, YWCA and
other similar uses, as defined in this chapter.
Section 7. Amendment. Section 42-218 of the MH-S district regulations is amended to read as follows:
Sec. 42-218. Conditional uses.
Conditional uses in the MH-S district are as follows:
(1) Churches, chapels,temples, synagogues, cathedrals and shrines;
(2) Group-care facilities;
(3) Group day care homes, child care centers and preschools with no maximum limitations on the
number of children being cared for if located in a nonresidential building; provided that
preschools providing care for no more than twelve (12) children per session may be located in
an unoccupied dwelling;
(4) Hospitals, sanitariums, rest homes and nursing homes, provided they shall be screened from
adjacent residential property and shall be directly accessible to a collector or arterial street;
(5) Public utility uses, as follows: provided that a landscape plan or screening plan, if necessary,
is first approved by the planning commission;
a. Ambulance service;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping station;
5
I
I
I
e. Substations;
f. Water towers and standpipes.
(6) Schools: primary, intermediate and secondary;
(7) Swimming clubs,tennis clubs and community clubhouses;
(8) YMCA, YWCA and other similar uses as defined in this chapter.
2
Section 8. Amendment. Section 42-60 of the Salina Code is amended to read as follows:
Sec. 42-60. Home occupations
U
A home occupation may be a permitted accessory us in all residential districts if the following
conditions are met:
(1) Restrictions and limitations.
a. The home occupation shall be conducted entirely within the principal residential
building, except as provided by this chapter, and such use must be clearly
incidental and secondary to the residential use of the building;
b. No more than twenty-five (25) percent of the gross floor area of a dwelling unit
shall be devoted to the home occupation, provided however, that rooms let to
roomers are not subject to this limitation;
c. No alteration of the principal residential building shall be made that changes the
character of that building as a residence;
d. No display of storage of equipment or material outside of a building or structure
shall be permitted;
e. No mechanical or electrical equipment other than normal domestic or household
equipment shall be used and the home business must not involve the use of
hazardous chemicals or flammable liquids;
f. The home business must be operated by a resident of the dwelling, employees or
other assistance shall be limited to immediate members of the family residing on
the premises, except for group day care homes where an off-site helper or
employee shall be allowed.
g. No stock in trade (except articles produced by members of the immediate family)
shall be displayed or sold on the premises;
h. No exterior sign or display shall be permitted, except that one (1) non-illuminated
wall sign not more than two (2) square feet in sign area may be used to advertise
the home occupation;
i. The home occupation shall not project any obnoxious noise, smoke, dust, odor or
glare so as to create a nuisance or adverse condition upon adjoining properties or
dwelling units;
j. The home occupation shall not generate traffic in a volume that would create a
need for parking greater than that which can be accommodated on the premises or
which is inconsistent with the normal parking usage of the district;
k. A home occupation conducted in a garage or accessory building shall not be in
operation earlier than 7:30 a.m. or later than 10:00 p.m.;
6
1
1
I
1. The operator of a home business must obtain a home occupation certificate from
the zoning administrator. The certificate is not transferable, it may not be
transferred to a different occupant or to a new location.
(2) Particular home occupations permitted. Permitted home occupations include, but are not
limited to, the following list of home occupations, provided, however, that each listed
occupation is subject to the restrictions and limitations above:
c a. Home teaching or instruction, including music and dance, provided no more than
three(3)students are taught at any one time and no more than twelve(12)students
0
per day;
U
b. Family day care homes, licensed day care homes and group day care homes
providing care for no more than twelve (12) children in an occupied dwelling
licensed by the Saline County Health Department, provided such homes shall
have all yard areas enclosed that are devoted to such use and provided that off-
' street parking is provided for off-site helpers.
c. Artists, sculptors, authors, composers, photographers;
d. Barber and beauty shops, provided that only one (1) chair and operator shall be
permitted;
e. Dressmaker, seamstress, tailor;
f. Minister, rabbi,priest;
g. Office facility for realtors, insurance agents, brokers, sales representatives when
no exchange of tangible goods is made on the premises;
h. Professional offices for physician,dentist, lawyer, architect,engineer,accountant,
bookkeeper or other similar profession;
i. Home crafts, baking, food preparation, 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;
j. Repair of items such as small appliances,personal electronic goods such as radios,
televisions and stereos, furniture and hunting and fishing gear provided that the
use fully conforms with the performance requirements for home occupations;
k. Hobby breeders,provided that no more than ten(10)dogs are kept on a zoning lot
and that the provisions of section 7-102 have been complied with.
(3) Particular home occupations prohibited:
a. Automobile and other motor vehicle repair and painting services; except for
automobile window tinting which is permitted under the provisions of section 42-
60(4)d.
b. Electronic cigarette establishments;
c. Funeral homes;
d. Medical or dental clinics;
e. Preschools and child care centers, unless specifically permitted by the district
regulations;
7
1
1
1
f. Rental of trailers, cars or other equipment;
g. Restaurants;
h. Retail sales such as antiques, secondhand merchandise, salesman's samples, etc.;
Stables, kennels and animal hospitals;
j. Tattoo parlors and body piercing studios.
(4) Special provisions. A home occupation certificate may be issued by the board of zoning
appeals for the following uses, if the board of zoning appeals finds that the proposed use
will not have an adverse effect on neighboring properties;
a. Any of the uses listed in subsection (2) above may be conducted in a detached
garage or accessory building if the board of zoning appeals finds that the proposed
use will conform with the performance requirements for in-home home
occupations.
b. Bed and breakfasts, provided the dwelling has no more than six (6) guest rooms
and no meeting rooms or convention facilities, and provided that at least one (1)
parking space for every two (2)rooms can be accommodated on site.
c. Small engine repair, including lawn mowers, provided that repair activity is
conducted within a structure.
d. Automobile window tinting, provided that there shall be no outdoor storage of
materials and/or supplies including vehicles or equipment used in the conduct of
the business.
Section 9. New Section. The Salina Code is amended by adding a section to be numbered 42-648.1,
which section reads as follows:
Sec. 42-648.1. Child care center.
"Child care center"means a facility:
1) Which provides care and educational activities for 13 or more children two weeks to 16 years
of age for more than three hours and less than 24 hours per day including day time, evening,
and nighttime care; or
2) Which provides before and after school care for school-age children. A facility may have
fewer than 13 children and be licensed as a center if the program and building meet child care
center regulations.
Section 10. Amendment. Section 42-654 of the Salina Code is amended to read as follows:
Sec. 42-654. Day care home.
"Day care home" means a single family dwelling where care is provided as a home occupation
for a maximum of 10 children under 16 years of age, with a limited number of children under five
years of age in accordance with K.A.R. 28-4-114(e).
Section 11. New Section. The Salina Code is amended by adding a section to be numbered 42-670.1,
which section reads as follows:
8
I
I
I
Sec. 42-670.1. Family day care home.
Family day care home: A single family dwellings in which care is provided as a home occupation
for less than 24 hours per day for a maximum of six children who are less than 16 years age, but
of whom not more than three children are less than 18 months.
Section 12. Amendment. Section 42-689 of the Salina Code is amended to define "Group day care
home" in place of"Group day care center", to read as follows:
Sec. 42-689. Group day care home.
"Group day care home" means the premises on which care is provided for a maximum of 12
children under 16 years of age, with a limited number of children under five years of age in
accordance with K.A.R. 28-4-114(f).
Section 13. New Section. Section 42-739.1 of the Salina Code is amended to read as follows:
Sec. 42-739.1. Preschool.
"Preschool" means a facility:
1) Which provides learning experiences for children who have not attained the age of eligibility
to enter kindergarten as prescribed in K.S.A. 72-1107(c) and any amendments thereto, and
who are 30 months of age or order; or
2) Which conducts sessions not exceeding three hours per session;
3) Which does not enroll any child more than one session per day; and
4) Which does not serve a meal. The term "preschool" shall include educational preschools.
Montessori schools, nursery schools, church-sponsored preschools, and cooperatives. A
facility may have fewer than 13 children and be licensed as a preschool if the program and
facility meet preschool regulations.
Section 14. Repealer. Existing Salina Code Sections 42-60, 42-128, 42-143, 42-158, 42-173, 42-188,
42-203,42-654 and 42-689 are repealed.
Section 15. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 23-11175 Summary
On October 2, 2023 the City Commission passed Ordinance No. 23-11175. The Ordinance
removes group day care homes in occupied dwellings as a listed conditional use in the city's
residential districts, adds family day care homes, licensed day care homes, and group day care
homes with up to twelve (12) children in an occupied dwelling as permitted home occupations
that can be approved administratively by staff, and eliminates two broad and outdated definitions
for day care home and group day care center and replaces them with terms and definitions that
9
I
I
I
match up with the Kansas Department of Health and Environment's child care licensing
categories. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office
of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal
N counsel.
Introduced: September 25,2023
W Passed: October 2,2023
:77
t
Ti Michael L. Hop-A<77- ock ayor
[SEAL]
ATTEST:
n
• A./.....),_'
„..)
Nikki Goding, City Clerk
< f4
4The ublication ummary set forth above is certified this / day of October, 2023.
A. Benti,.on, Cit Attorney
C
t
I
i
10
1
1
1