5882 Temporary ZoningCON SOLIDAT ZD ALT.I<.`.
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ORDINANCE NUMBER 5882
Published in the Salina
AN ORDINANCE amending Ordinance Number 5549 of the City of Salina, and creating, reg—
ulating and restricting the use of a temporary zone and regulating and restricting
the location, repair, alteration of buildings designed for the specified use; and
regulating and restricting use of land within said temporary 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 temporary district; and pre-
scribing a penalty for the violation of its terms and repealing Ordinance Number 5576
only insofar as it conflicts herewith.
WHEREAS, pursuant to the provisions of Ordinance Number 3188 and the laws of the State
of Kansas, Kansas Wesleyan University, a Corporation, petitioned the Board of Commi-
ssioners of the City of Salina to create a Class "B" Emergency Zone; and
WHEREAS, Said petition was referred to and favorably approved by the City Planning and
Zoning Commission and submitted 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 public of the petition to created a
new zone and of intent to place certain lands therein; and
WHEREAS, said hearing was duly held as by ordinance and law made and provided and
Ordinance Number 5576 of the said city was therefor duly adopted and published as
by law provided; and
WHEREAS, the limits of time of temporary use of said emergency zone will expire
September 1, E; and
1954
WHEREAS, Kansas Wesleyan University has petitioned for the said temporary use to be
continued; and
3188
WHEREAS, said Ordinance Number JJrZk has been repealed, and all violations and rights
saved thereunder, and Ordinance Number 5549, duly adopted; and
WHEREAS, said petition was duly referred to the Planning and Zoning Commission of said
city and said Commission duly recommended a limited continuance of said temporary
use; and
WHEREAS, all conditions precedent to the limited temporary use, aforesaid, being con -
tinued have been duly complied with; and
NOW THEREFORE, BE IT ORDAINED 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 and repair of buildings erected, altered and
repairs for specified uses and the use of the land in the specified district, a temp-
orary "Use District" hereby denominated "Class C Emergency District." is hereby created.
29-143A. Section 2. That Lots 7, 9, 11, 13, 17 and 19, on Kirwin Avenue in the
Grounds of the Kansas Wesleyan University Addition are hereby temporarily excluded
from the District "A", First Dwelling House District, subject to all the limitations
of this ordinance, and said land is hereby temporarily included in the Class "C"
Emergency District, subject to the limitations and restrictions of this ordinance and
such regulations as may be hereafter provided for.
29-144A Section 3. That the land included in Class "C" Emergency District by
Section 2 hereof and any land hereafter included in said district shall revert to
District "A", First Dwelling House District, as defined by Ordinance Number 5549, on
or before September 1, 1957, as in this section provided. That the Board of Commi-
ssioners 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, 1955 or
September 1, 1956, such temporary use shall automatically cease on the expiration of
each annum, aforesiad, unless the owners of all of said lands petition the said Boar d
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at least 30 days prior to the expiration of each annum for continuance of said temporary
use for an additional annum and suchpetition is granted by an appropriate resolution
Auly adopted. That upon said property reverting to District "A", aforesiad, shall
be subject to all the limitations and restrictions for such district under the terms
of said Ordinance Number 5549, aforesaid.
29-145A. Section 4. That in C_Lass "C" Emergency District as defined and
regulated by all the provisions hereof, temporary, emergency mLLItiple frame dwelling
may be erected and maintained and said district shall not be subject to any other
use except such uses as may be authorized b,:� District "A", aforesaid, as regulated
by Ordinance Number 5549•
29-146A. Section 5. That as a condition precedent to the use, maintenance,
alteration, and repairs of temporary, emergency, multiple frame dwelling, under the
provisions1hereof, any owner of land in said emergency use district shall submit a
satisfactory corporate surety bond conditioned to the City of Salina in the sum of
Six Thousand Dollars and further conditioned that any such owner, his or its heirs,
executors, administrators, devices, trustees, successors and assigns shall removed
from 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 Sept
ember 1, 1957, and further conditioned, on default of such removal, that the City of
S,^lina, its agents, employees, contractors and servants, are authorized to enter upon
said premises to removed said multiple dwelling 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
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.
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29-147A. Section 6. Any person, firm or corporation who shall violate, neglect
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or refuse to comply with or Tk who shall maintain, use or construct any building or
premises in violation of any of the provisions of this ordinance shall upon due con-
iviction,
be fined in any sum not exceeding Five Hundred Dollars for each offense and
each da that a violation is
y permitted, ceased 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, as may be
authorized by law.
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29-148A. Section 'l. Should any section, clause or provision of this ordinance
be declared by any court of competent jurisdiction to be invalid, the same shall not
affect the validity of the ordinance as a whole or any part thereof, other than the
part so declared to be invalid.
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29-148B. Section 8. That Ordinance Number 5576 be and it is hereby repealed,
only insofar as in conflict x herewith and all rights thereunder not inconsistent
herewith are hereby expressly reserved.
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29-149A- Section 9. This ordinance shall be effective from and after its passage
and due publication once in the official city paper according 'to law.
Introduced: AugBst 2, 1954
Passed: August 9, 1954
Mayor
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Attest:
City Clerk