98-9903 Zoning Regulations(Published in the Salina Journal on December /1, 1998)
ORDINANCE NUMBER 98-9903
AN ORDINANCE AMENDING SECTION 42-58 OF THE SALINA CODE
PROVIDING FOR ACCESSORY USES TO ESTABLISH SIZE AND HEIGHT
LIMITATIONS FOR DETACHED STORAGE BUILDINGS, GARAGES AND
CARPORTS IN RESIDENTIAL DISTRICTS WITHIN THE CITY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-58 is hereby amended to read as follows:
"Sec. 42-58. Accessory Uses.
No accessory use, building or structure shall be located in any required
front, side or rear yard, except as provided in subsections (1), (2) and (3) and
the following permitted accessory uses will be allowed in any zoning district in
connection with any principal use which is permitted;
(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 child's playhouse, provided it shall not be more than one
hundred twenty (120) square feet in gross floor area;
C. 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;
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;
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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;
M. 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:
Setback
Rotor Diameter Distance
(feet) (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 (6) 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.
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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:
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 (3) 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 existing Section 42-58 of the Salina Code is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: November 23, 1998
Passed: December 7, 1998
011-t
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
:Jug D. L g, CMC, Cit Clerk