6170 Dwelling Housing DistrictCON SOLIDATED-J 4LiNA
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ORDINANCE NU1QM 6170
(Published in The Salina Journal ( �,- C 1957)
AN ORDINANCE amending Ordinance Number 5549 of the City of Salina, Kansas, and creating, regulating
and restricting the use of a temporary zone and regulating and restricting the location, repair,
alteration or buildings designed for the specified use;;and regulating and restricting use of
land within said tenporary zone; and temporarily excluding certain land from District "A",
First Dwelling House District as defined by Ordinance Number 5549, and including said land in
said to orary district; and prescribing a penalty for the violation of its terms'
and rep&aling Ordinapce Numbers 5576 and 5882 only insofar as they conflict herewith.
WHEREAS, pursuant tothe provisions of Ordinance Number 3188 and the laws of the State of Kansas,
KANSAS Wesleyan Nniv�rsit Co
Ya y, a Corporation, , petitioned the Board of Commissioners of the City
of Salina to create Class "B" Emergency Zone; and
WHEREAS, said petits n was referred to and favorably approved by the City Planning and Zoning
Commission and submi ted to the Board of Commissioners and said Board approved the recommendation
of said City Planning and Zoning Commission and ordered that the City Clerk give a thirty (30)
day notice to the pu lic of the petition to create a new zone and of intent to place certain
lends therein; and
WHEREAS, said hearing was duly held as by ordinance and law made and provided and Ordinance
Numbers 5576 and OW� of the said city was therefor duly adopted and published as by law
provided; and
WHEREAS, the limits f time of temporary use of said emergency zone will expire September 1, 197;
and
WHEREAS, Kansas Wesleyan University has petitioned for the said temporary use to be continued;
and
;WHEREAS, said Ordinance Number 3188 has been repealed, and all violations and rights waged
!thereunder, and Ordinance Number 5549, duly adopted; and
WHEREAS, said petition was duly referred to the Planning and Zoning Commissions of said
Icity and said Commission duly recommended a limited continuance of said temporary use; and
(WHEREAS, all conditions precedent to the limited temporary use, aforesaid, being continued
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have been duly complied with+ and
INOW THEREFORE, BE ITIORDAINED by the Board of Commissioners of the City of Salina, Kansas:
29-142A - Section 1. That the preambles of this ordinance are hereby made a part hereof.'
That for the purpose Of regulating and restricting the locations of trades and the location,
erection, alteration land repair of buildings erected, altered and repaired for specified uses
and the use of the land in the specified district, a temporary "Use District" hereby denominated
"Class "C" Emergency District". is hereby created.
29-143A - Sectio 2. That bots 7, 9, 11, 18, 17, and 19, on Kirwin Avenue in the Grounds
of the Kansas Wesleyan University Addition are hereby temporarily excluded from the District "All
First Swelling House District, subject to all the limitations of this ordinance, and said land
is hereby temporarilylincluded in the Class "C" Emergency District, subject to the limitations
and restrictions of
29-144A - Sect;
hereof and any land
Dwelling House Di
as in this section
is ordinance and such regulations as may be hereafter provided for.
3. That the land included in Class "C" Emergency District by Section 2
reafter included in said district shall revert to District "A", First
•ict, as defined by Ordinance Number 5549, on or before September 1, 1959,
. That the Board of Commissioners hereby reserve the right to
terminate said temporary use upon the expiration of 90 days after the adoption and publication
of a resolution so provided. That in the event said temporary use is not so terminated on or
before September 1, 1?58 or September 1, 1959, such temporary use shall automatically cease on
the expiration of such annum, aforesaid, unless the owners of all of said lands petition the
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C0NS0LIDATE0-SAL:NA
;said Board at least 0 days prior to the expiration of each annum for continuance of said
itemporary use for an additional annum and such petition is granted by an appropriate resolution;
(duly adopted. That pon said property reverting to District "All, aforesaid, shall be subject
to all the limitations and restrictions for such district under the terms of said Ordinance
;Number 5549, aforesaid.
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29-154A - Secti�n 4. That in Class "C" Emergency District as defined and regulated by all'
the provisions hereof) temporary, emergency multiple frame dwellings may be erected and maintained
and said districts 11 not be subject to any other use except such uses as may be authorized
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by District "A", aforesaid, as regulated by Ordinance Number 5549•
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29-146A - Section 5. That as a condition precedent to the use, maintenance, alteration,
land repairs of tempo ary, emergency multiple frame dwellings, under the provisions hereof,
any owner of land in said emergency use district shall submit a satitfactory corporate surety
bond conditioned to the City of Salina in the sum or Six Thousand Dollars and further conditioned
that any such owner, his or its heirs, executors, administrators, devices, trustees, successors and
assigns shall remove rom any land in such emergency use district all multiple frame dwellings
on the termination of the use district as herein provided and in any event prior to September
1, 1959, and further �onditioned, on default of such removal, that the City of Salina, its agen4's,
employees, contractors and servants, are authorized to enter upon said premises to remove said
multiple dwellings therefrom and that the principal and the surety will reimburse the said city!
for all expense incurred incident to such removal and further conditioned that in the event of
default of such removal that r said principal and surety will pay all expense and damages suffered
by the said city in causing the removal thereof, provided that the City Manager shall approve said
surety bond.
29-147A - Sectio 6. Any person, firm or corporation who shall violate, neglect or refuse
to comply with or who shall maintain, use or construct any building or premises in violation
of any of the provisions of this ordinance shall dpon due conviction, be fined in any sum not
exceeding Five Hundre� Dollars for each offense and each day that a violation is permitted,
cause or continued to exist shall constitute a separate offense, and in addition to the above
penalty such actions at law or suits in equity may be maintained by the City of Salina or any
interested person, ms may be authorized by law.
29-148A - Section
7.
Should any section,
clause
or provision of
this ordinance
be declardd,
any court of compe
ent
jurisdiction to be
invalid,
the same shall
not affect the
vaLitity
the ordinance as a whole or any part thereof, other than the part so declardd to be invalid.'
29-148B - Sectio 8. That Ordinance Numbers 5576 and 5882 be and are hereby repealed
y insofar as in conflict herewith and all rights thereunder not inconsistent herewith are
by expressly reserved.
CONSOLIDATED-$ALENA
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29-149A - Sectipn 9. That this ordinance shall be effective from and after its passage
and due publication once in the official city paper according to law.
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Introduced: duly 23, 1957
Passed: July 30, 1957
(SFAL)
Attest:
City Clerk