05-10264 Garagesi
(Published in the Salina Journal on April $, 2005)
ORDINACE NUMBER 05-10264
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO SECTIONS 42-58,42-
617, AND 42-683 OF THE SALINA CODE PERTAINING TO ACCESSORY USES TO
INCLUDE ATTACHED AND DETACH GARAGES AND ADOPTING A DEFINITION OF
RESIDENTIAL GARAGES AND REPEALING EXISTING SECTION 42-58, 42-617 AND
42-683.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. That Section 42-58 of Chapter 42 of the Salina Code is hereby amended to read
as follows:
"Sec 42-58 Accessory uses.
(1) Permitted uses. Permitted accessory uses include but are not limited to the following:
a. A storage building or structure incidental to a permitted use, provided that no such
structure that is accessory to a residential dwelling (e.g. storage building, workshop,
gazebo, greenhouse, etc.) shall exceed 360 square feet and shall be no taller than the
dwelling or more than 16 feet in height whichever is less.
b. A detached garage or carport provided that no such structure that is accessory to a
one or two—family dwelling shall exceed 770 square feet, except in the A-1 or RS
district it shall not exceed 1,200 square feet, shall be no taller than the dwelling or
more than 20 feet in height whichever is less, and shall be compatible with the
residential dwelling in terms of design, appearance and materials.
c. An attached garage or carport provided that such structure is physically attached to a
one or two-family dwelling by a common wall, shall not exceed the size of the
dwelling it is attached to and shall be compatible with the dwelling in terms of
design, appearance and materials. Attached garages shall be subject to same setback
requirements as the principal structure on the lot.
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 X of this chapter and by the individual district
regulations;
i. Off-street parking and loading spaces, as permitted by article XI of this chapter;
j. Restaurants, drugstores, 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;
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 fifty (50) feet from any adjacent residential district;
in. Wind energy conversion systems (WECS) under the following restrictions:
The minimum distance from all zoning lot lines to any tower, pole or other
support base of the WECS shall be determined by the following table:
u
Rotor
Setback Distance (feet)
Diameter(feet)
5
100
10
165
15
220
20
270
25
310
30
340
35
365
40
385
Intermediate rotor size distances shall be interpolated. The WECS shall not
be located in any required yard.
2. The WECS shall not cause interference to microwave communications or radio
and television reception in the area. Noise levels measured at the lot line shall not
exceed sixty (60) dBA in a residential zone.
3. To limit climbing access to a WECS tower, or other support structure, a six-foot
high fence with locking portal shall be placed around the WECS support or if a
tower is utilized, the tower climbing apparatus shall be limited to no lower than
twelve (12) feet from the ground or the WECS support may be mounted on a roof
top.
4. All blades of a WECS shall be constructed of non-metallic substances. If the
applicant can prove, in written form, that no electromagnetic interference will
result, a metal content of up to twenty-five (25) percent will be acceptable.
5. The WECS shall be located in compliance with the guidelines of the federal
aviation regulations with regard to airport approach (15.503) and clearance
around VOR and DVOR stations.
6. Height of the WECS shall not exceed the maximum height restriction in the zone
where it is located by more than twenty (20) feet. The height of the WECS shall
be measured at the center of the blade diameter.
7. Data pertaining to the WECS's safety and structural integrity shall be certified by
a licensed engineer and filed with the building permit application. The tower or
support and top adaptor shall meet the restrictions specified in the city's building
code.
8. The WECS, if interconnected to a utility system, shall meet the requirements for
interconnection and operation as set forth in the electric utility's current service
regulations applicable to WECS.
9. A plot plan shall be submitted with the application for building permit showing
the proposed location and height of the WECS, fencing and all existing buildings
within two hundred (200) feet of the exterior lot lines.
10. The owner/operator shall provide covenants, easements or similar documentation
to assure sufficient wind to operate the WECS unless adequate accessibility to
the wind is provided by the site.
11. The owner/operator shall certify that the WECS does not violate any covenants
of record.
12. The applicant shall provide a certificate of liability insurance. Annually the
owner/operator shall present evidence to the zoning administrator that the
liability insurance is still in effect.
n. Parking of an occupied motor home or travel trailer when associated with a hospital
providing treatment to the owner or related individual, provided such parking does
not constitute a traffic or safety hazard or a nuisance, the vehicle is parked beyond
the front yard setback and no closer than fifty (50) feet from an adjacent residential
property line, and the board of zoning appeals finds that the proposed use will not
have an adverse effect on neighboring properties.
(2) Bulk regulations. Accessory structures and uses shall comply with the bulk regulations
applicable in the zoning district in which they are located, and:
i
1
a. Shall be set back at least five (5) feet from the rear lot line when no alley exists and
ten (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 three (3) feet in residential districts and ten (10) feet in all
other districts 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 article XII of chapter 8; and
e. In no event shall an accessory building or structure be allowed which is larger in size
or area than the principal building, structure or use it serves.
(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 2. That the Section 42-617 of Chapter 42 of the Salina Code is hereby amended to
read as follows:
"Sec. 42-617. Accessory.
"Accessory" is the term applied to a building structure or use or a portion of a principal
building 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 by a shared common wall
shall be deemed to be part of such principal building or structure in applying the bulk
requirements to such building or structure."
Section 3. That Section 42-683 of Chapter 42 of the Salina Code is hereby amended to read
as follows:
"Sec. 42-683 Garage, residential.
"Residential Garage" is a detached accessory building enclosed on at least three (3) sides or
a portion of a dwelling used for the parking of and storage of motor vehicles belonging to
the occupants of the residence. An attached garage must share a common wall with the
residence it serves."
Section 4. That the existing Sections 42-58, 42-617 and 42-683 are hereby repealed.
Section 5. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Arm Elsey, CMC, ity Clerk
Introduced: March 28, 2005
Pa ed: April 4, 2005
Monte Shadwick, Mayor