93-9593 Zoning RegulationsKUM1n Co. 1-1-1q — SO- K.1—
(Published in The Salina Journal September.21, 1993)
ORDINANCE NUMBER 93-9593
AN ORDINANCE AMENDING SECTION 42-58 OF THE SALINA CODE
REGARDING ACCESSORY USES, AND REPEALING THE EXISTING SECTION.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 42-58 of the Salina Code is hereby
amended to read as follows:
"Section 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
that 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 structure for storage incidental to a permitted
use, provided no such structure that is accessory
to a residential building shall exceed two
hundred forty (240) square feet in gross floor
area, the use shall be in keeping with the
principal structure, and provided that no such
structure is located in the front yard setback;
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, provided that no part of such
structure is located in the front yard setback,
and provided that such structure shall not
contain space for more than two (2) vehicles
unless the lot is in excess of six thousand
(6,000) square feet in which one additional
vehicular space shall be permitted for each
additional three thousand (3,000) square feet of
lot area. For purposes of this section, a
vehicular space shall not exceed three hundred
sixty (360) square feet.
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;
KU Cox Priming — Salina. Kansas
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;
1. 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:
1. 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.
KU Cox "'n'9 — Salina. K--
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.
K --Go+ P-tlnq — Sabina, Kansas
(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
the zoning district
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 to which
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.
[ SEAL]
ATTEST:
Jacquleline Shiever, CMC
City Clerk
Introduced: September 13, 1993
Passed: September 20, 1993
Peter F. Brungardt, Mayor