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91-9488 Zoning RegulationsKO,C.. — Salina, .-- (Published in The Salina Journal January i5 , 1992) ORDINANCE NUMBER 91-9488 AN ORDINANCE AMENDING ARTICLE IV, DIVISION 9, OF CHAPTER 42 OF THE SALINA CODE PERTAINING TO MANUFACTURED HOME DISTRICT, AND REPEALING THE EXISTING SECTIONS. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Article VI, District Regulations, Division 9 of Chapter 42 of the Salina Code is hereby amended to read as follows: "Article VI. District Regulations Division 9. Manufactured Home District. "Section 42-216. Design. The MH district is designed to provide for the placement of manufactured homes built in compliance with the Federal Manufactured Housing Construction and Safety Standards. Two (2) subdistricts are created within the manufactured home district, "MH -S" (Manufactured home - subdivision) and "MH -P" (Manufactured home - park) . In the "MH -S" district all manufactured homes are to be placed on individually subdivided lots. The "MH -P" district allows manufactured homes to be placed on rented spaces within the manufactured home parks. "Section 42-217. MH -S Manufactured home subdivisions - Permitted uses. Permitted uses in the MH -S district are as follows: (1) Dwellings, single-family detached; (2) Family -care facilities; (3) Golf courses, including accessory clubhouse or golf driving range, but not pitch and putt or miniature golf courses; (4) Manufactured homes; (5) Modular homes; (6) Parks and playgrounds; (7) Accessory, temporary, and home occupation uses, as permitted by article IV of this chapter; (8) Signs, as permitted by Article X of this chapter; (9) Off-street parking and loading as required by article XI of this chapter. "Section 42-218. Same - Conditional uses. Conditional uses in the MH -S district are as follows: (1) Churches, chapels, cathedrals and shrines; (2) Group -care facilities; temples, synagogues, Kinn -Cox Priming — Salina, Kansas (3) Group day-care centers providing care for no more than twelve (12) children in an occupied dwelling or with no maximum limitation if located in a nonresidential building; (4) Hospitals, sanitariums, rest homes and nursing homes, provided they shall be screened from adjacent residential property and shall be directly accessible to a collector or arterial street; (5) Public utility uses, as follows: provided that a landscape plan or screening plan, if necessary, is first approved by the planning commission; a. Ambulance service; b. Gas regulator stations; C. Police and fire stations; d. Pumping station; e. Substations. f. Water towers and standpipes; (6) Schools: primary, intermediate and secondary; (7) Swimming clubs, tennis clubs and community clubhouses; (8) YMCA, YWCA and other similar uses as defined in this chapter. "Section 42-219. Same - Lot size requirements. Lot size requirements in the MH -S district are as follows: (1) Minimum lot area: (a) Single-family detached dwellings, modular homes, manufactured homes, family -care facilities, and parks and playgrounds: six thousand (6,000) square feet. (b) Group day-care centers located in an existing structure resided in by one or more members of the family operating such a facility: six thousand (6,000) square feet. (c) All other permitted and conditional uses: fifteen thousand (15, 000) square feet, except no minimum for gas regulator stations, pumping stations, or substations. (2) Minimum lot width: (a) Single-family detached dwellings, modular homes, manufactured homes, and family -care facilities: sixty (60) feet. (b) Group day-care centers located in an existing structure resided in by one or more members of the family operating such a facility: sixty (60) feet. (c) All other permitted and conditional uses: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations. (3) Minimum lot depth: one hundred (100) feet, except no minimum for gas regulator stations, pumping stations or substations. Kuhn Co. Printing — Salina, Kansas "Section 42-220. Same - Bulk regulations. Bulk regulations in the MH -S district are as follows: (1) Maximum structure height: thirty-five (35) feet. (2) Yard requirements: (a) Front yard: 1. Property " located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: i. Residential street: twenty (20) feet from the property line or fifty (50) feet from the center line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. iii. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. When an addition to an existing non -conforming structure located on a corner lot is to be constructed, said addition may be allowed to match the front yard setback of the existing structure, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (100) feet, and further provided that the construction conforms with all remaining bulk regulations. 3. When seventy (70) percent or more of the zoning lots between two (2) intersecting public street rights-of-way have developed, any newly constructed single-family dwelling or manufactured home dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist: i. The adjacent property to be matched has not been granted a variance for front yard setback. ii. Neither adjacent land use is used for nonresidential purposes. iii. The proposed dwelling is not to be placed on a corner lot. iv. The structure is proposed to be placed no closer than fifteen (15) feet from the front property line. b. Minimum side yard: Kuhn Cox Priming — Salina. Kansas 1. Residential buildings: seven and five tenths (7.5) feet on each side of the zoning lot. 2. Group day care centers located in an existing structure resided in by one operating such a facility: seven and five tenths (7.5) feet on each side of the zoning lot. 3. All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by Article IV of the chapter. C. Minimum rear yard: fifteen (15) feet. (3) Maximum lot coverage: thirty-five (35) percent. "Section 42-221. Same - Development standards. Development standards in the MH -S district are as follows: (1) The tract to be used for a manufactured home subdivision shall not be less than two (2) acres in area, unless it is an extension of or addition to an existing manufactured home subdivision. (2) Streets, private roadways, sidewalks, utilities, drainage facilities and other improvements shall be designed, constructed and installed to comply with Chapter 36 of the Salina Code, Subdivision Regulations. (3) All manufactured homes located within a manufactured home subdivision shall comply with the following requirements: (a) Each manufactured home shall have a minimum width of fourteen (14) feet and a minimum main floor area, excluding any attached garage or porch, of eight hundred (800) square feet; (b) The roof shall be double pitched and shall overhang both side walls or the front end wall of the unit by at least six (6) inches, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition or fiberglass shingles. Roofing materials shall not consist of corrugated aluminum, fiberglass or metal' (c) The exterior siding shall consist of nonreflective siding material such as wood, composition or simulated wood, clapboard, conventional vinyl or metal lap siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint between siding and enclosure wall shall be flashed in accordance with the city building code. Kinn -Cox Priming — Sallna, Kansas (d) Each manufactured home shall be installed in accordance with the recommended installation procedures of the manufacturer upon a basement, slab, piers or other permanent masonry foundation that complies with the city building code so as to be classified and taxed as real property under K.S.A. 79-340. Each unit shall be permanently anchored to and supported by permanent footings extending to the frost line. Anchoring straps or cables affixed to ground anchors shall not be considered sufficient. Exterior over -the -top tie downs shall not be permitted. If interior piers are used for the foundation, the crawlspace shall be enclosed by -a permanent, full perimeter exterior curtain wall consisting of concrete or masonry. The enclosure wall shall be unpierced except for required access and ventilation; (e) The running gear, tongue, axles and wheels shall be removed; (f) Each manufactured home shall be permanently connected to all utilities in conformance with applicable city codes; (g) Each lot shall have access from an improved public or private street and two (2) off-street parking spaces. "Section 42-222. MH -P Manufactured home parks - Permitted uses. Permitted uses in the MH -P district are as follows: ( 1) Dwellings, single-family detached; ( 2) Family -care facilities; ( 3) Manufactured homes; ( 4) Mobile Homes, as permitted by Section 42-230; ( 5) Modular homes; ( 6) Parks and playgrounds; ( 7) Customary accessory uses, such as laundry facilities, manager's office, clubhouse, community buildings, etc.; ( 8) Accessory, temporary and home occupation uses, as permitted by Article IV of this chapter; ( 9) Signs, as permitted by Article X of this Chapter; (10) Off-street parking and loading, as required by Article XI of this chapter. "Section 42-223. Same - Conditional uses. Conditional uses in the MH -P district are as follows: (1) Recreational campgrounds, subject to the regulations specified in Section 42-229; Kinn -Co Printing — Salina. Kansas (2) All conditional uses listed in the MH -S district, provided that they shall be governed by the requirements of the MH -S district. Sec. 42-224. Same - Lot size requirements. Lot size requirements in the MH -P are as follows: (1) Minimum lot area: (a) Manufactured home parks: Two (2) acres, unless it is an extension of or an addition to an existing park. (b) Each manufactured home space shall provide a minimum area of four thousand (4,000) square feet. (c) Other permitted uses: six thousand (6,000) square feet. (2) Minimum lot width: (a) Manufactured home spaces: forty (40) feet, except that corner lots shall provide a minimum width of forty-five (45) feet. (b) Other permitted uses: sixty (60) feet. (3) Minimum lot depth: one hundred (100) feet. "Section 42-225. Same - bulk regulations. Bulk regulations in the MH -P district are as follows: (1) Maximum structure height: thirty-five (35) feet. (2) Minimum separation and setback requirements for manufactured homes: a. All manufactured homes shall be located so as to maintain a clearance of not less than fifteen (15) feet from another manufactured home or appurtenance thereto, or twenty (20) feet from another mobile home or appurtenance thereto. No manufactured home shall be located closer than twenty (20) feet from any principal building within the park or three (3) feet from any accessory building. Accessory buildings shall be located so as to comply with the bulk regulations in Section 42-58. b. All structures shall maintain the following minimum setbacks: 1. Internal residential streets: twenty (20) feet from the property line or forty (40) feet from the center line, whichever is greater. 2. External residential streets: twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. KuM1n Cox Printing — S.11— Kansas 3. Collector street; twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. 4. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 5. MH -P district boundary: twenty-five (25) feet from the boundary of any other residential district. (3) Maximum lot coverage: forty (40) percent. "Section 42-226. Same - Development standards. (1) Utilities: New manufactured home parks shall be permitted only when served by an approved sewer and water supply system. Within each manufactured home park all utility lines, from manufactured home to source, including electricity and telephone lines, shall be placed underground. (2) Drainage: Parks shall be located on a well -drained site, properly graded to insure rapid drainage, and shall be kept free of stagnant pools of water. (3) Density: Manufactured home parks hereafter approved shall have a minimum area of four thousand five hundred (4,500) square feet of space per manufactured home, exclusive of internal streets and rights-of-way. (4) Recreation Area: -Each manufactured home park shall devote a minimum of five hundred (500) square feet per manufactured home space for recreational or open area. This recreational or open area may be included in each manufactured home space or may be developed separately. Separate recreational or open areas shall not be less than four thousand (4,000) square feet and required setbacks, roadways, rights-of-way, and off-street parking spaces shall not be considered as recreational or open areas. A minimum of fifty (50) percent of the separate recreational or open space area shall be constructed or provided prior to the development of one-half (1/2) of the project, and all recreational facilities or open areas shall be constructed or provided by the time the project is seventy-five (75) percent developed. (5) Storm shelters: In each new park or in park expansions of ten (10) units or more, properly ventilated and constructed storm shelters shall be provided in a central or other convenient location at a rate of eighteen (18) square feet of shelter space for each newly constructed manufactured home space. Storm shelters shall be built in accordance with the building codes of the city. (6) Streets: a. General layout: -,Co. Printing — Sabina, Kansas 1. A manufactured home park shall be directly accessible to a public street by means of internal private paved streets within the park. Each mobile home lot shall obtain exclusive access from internal private streets, with no direct access to external public streets. 2. Internal streets shall be designed to permit connection with existing storm sewer and other drainage facilities. 3. Internal streets shall be designed for the convenient movement of traffic and emergency vehicles. Dead-end streets shall be provided with adequate surfaced turning space, a minimum of sixty (60) feet in diameter with no parking, and eighty (80) feet in diameter with parking. The maximum length of a dead-end street shall be six hundred (600) feet. 4. Intersections generally shall be at right angles and at no point shall streets intersect at an angle less than sixty (60) degrees. Intersections of more than two (2) streets at one point shall be avoided. b. Width of roadways: 1. Internal streets with no on -street parking allowed shall have a minimum of twenty (20) feet of paving. 2. Internal streets with parking allowed on one side only shall have a minimum of twenty-six (26) feet of paving. 3. Internal streets with parking allowed on both sides of the street shall have a minimum of twenty-nine (29) feet of paving. 4. A minimum of forty (40) feet of right-of-way shall be provided for internal streets. All structures shall maintain a twenty (20) feet setback from the right-of-way line. c. Surfacing: 1. All internal streets shall be hard -surfaced with asphalt or concrete or suitable substitute approved by the city engineer. 2. Street surfaces shall be durable and graded to insure adequate surface drainage and shall be maintained free of cracks, holes and other hazards. All internal streets shall be owned and maintained by the owner of the manufactured home park. (7) Fire Protection: The fire chief may designate certain internal streets within the park as fire lanes. (8) Parking: Adequate parking shall be provided for the use of park residents and guests. Each Kinn-Cov Priming —Selina, Kansas mobile home lot shall have off-street parking for two (2) automobiles. (9) Walkways: A system of hard -surfaced walkways shall be provided connecting individual manufactured home spaces with park streets and all community facilities provided for park residents. A portion of the roadway surface may be reserved for walkways provided the roadway is widened accordingly and pedestrian and vehicular traffic will not interfere with one another. (10) Lighting: All private internal streets and walkways shall be lighted by not less than three -tenths (0.3) foot candles of artificial light. (11) Landscapin a. Perimeter screening. All manufactured home parks shall provide a permanently landscaped buffer area of at least twenty-five (25) feet in width around those portions of the park perimeter that border public rights-of-way or residential zoning districts. Such areas may contain trees, shrubbery, grass, benches, fencing, berms or other landscaping features. Setback areas not bordering public rights-of-way or residential districts may be used to fulfill recreational or open area requirements. b. Park landscaping. Exposed ground surfaces within each manufactured home park shall be paved, covered with stone, gravel or other solid material or protected with a vegetative growth capable of preventing soil erosion and objectionable dust. All areas not used for street access, parking, walkways, buildings or service shall be completely and permanently landscaped and the entire site maintained in good condition. Planting of trees and shrubs is required to the extent needed to provide for: 1. Screening of objectionable views and neighboring uses. 2. Adequate shade for the manufactured homes in the park. (12) Manufactured Home Stands (Pad) : A stand shall be provided on every manufactured home lot to accommodate the manufactured home and attached accessory structures. The stand shall consist of concrete ribbons or slabs a minimum of eighteen (18) inches wide and capable of carrying the weight of the manufactured home. Anchoring facilities for the placement and tie -down of the manufactured home shall be installed in accordance with K.S.A. 75-1226 through 1232 before any home is occupied. (13) Lot Identification: Each stand within a manufactured home park shall be assigned an address by the city engineering department. The assigned address shall be clearly posted or displayed so as to publicly identify the unit to which the address is assigned. Nuhn -Cox Printing — Salina, Kansas "Section 42-227. Same - Park plan. Any person hereafter desiring to develop or enlarge a manufactured home park shall submit a park plan, which shall accompany the application for amendment to the MH -P district. No permits for a manufactured home park shall be issued until the park plan has been approved as part of the rezoning process and the proposed development or expansion is in compliance with the terms of this chapter. Such plan shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet and two (2) copies shall accompany the application for MH -P zoning. Such plan shall include the following information: (1) Name and address of the owner and applicant. (2) Location and legal description of the Manufactured Home Park. (3) The area and dimensions of the tract of land proposed to be rezoned. (4) Topographic survey of the property with contour intervals of two (2) feet, natural features and existing structures and streets. (5) The number, location and dimensions of all lots, including proposed building setbacks from exterior property lines and from internal streets. (6) The location and width of internal streets and walkways. (7) Plans for controlling surface drainage. (8) The location of existing and proposed water, sewer, gas, electrical, and other utility lines and easements protecting these utilities. (9) The location of recreation, storage, laundry, refuse, and other common facilities and/or service buildings and areas. (10) The location and description of the street and area lighting system. (11) Plans for screening including the use of plant materials, fencing and other landscaping structures and features. (12) Other information as may be requested by the planning commission or the board of commissioners. "Section 42-228. Same - Park plan review. The planning commission shall review the rezoning request, including the park plan, and recommend approval or denial to the board of commissioners or may request modifications to the proposed park plan as are deemed necessary to comply with the MH -P district regulations. Approval by the board of commissioners shall amend the zoning map, establishing an MH -P district for the property designated in the application and shall constitute approval of the park plan. The approved park plan shall be incorporated by reference in the ordinance creating the MH -P district. Kuhn -Cox Printing — Salina, Kansas "Section 42-229. Recreational campground plans. The applicant for a conditional use permit to allow a recreational campground in an MH -P, A-1 or C-7 district shall submit a preliminary campground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and showing the general layout of the proposed campground. Two (2) copies of the plan shall accompany the conditional use permit application. Such plan shall comply with the following minimum requirements: (1) The tract to be used as a campground shall not be less than two (2) acres in area and shall be permitted only when served by an approved sanitary sewer and water supply system. (2) Permitted uses within the campground shall include: a. Motor homes; b. Travel trailers; C. Tents and tent trailers; d. Customary accessory uses such as laundry facilities, manager's office, clubhouse, swimming pool, etc. (3) Contours at two (2) foot intervals shall be indicated on the plan. (4) The campground shall be located on a well -drained site, properly graded, where necessary, to insure rapid drainage and freedom from stagnant pools of water. (5) Sight -obscuring screening of not less than six (6) feet in height .shall be provided between the campground and any other residential zoning district. (6) A minimum setback of twenty-five (25) feet must be maintained along all boundaries of the campground that adjoin a public street or a residential zoning district. (7) Service buildings shall be provided at a rate of one (1) for each one hundred (100) camping spaces. Each service building shall: a. Be located in a reasonable central location within the campground; b. Be of permanent construction; C. Have an accessible, adequate, safe and potable supply of cold water; d. Have one flush -type toilet, one lavatory, and one shower or bathtub for females; and one flush -type toilet, one lavatory, and one shower or bathtub for males for each thirty (30) camping spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water; e. Comply with all applicable chapters of the building code -regarding the construction of buildings and the installation of electrical, plumbing, heating, and air conditioning systems; Kuhn -Cox P1,11119 — $11119, Kansas f. Be maintained in a clean, sanitary condition and kept free of any condition that will endanger the health or safety of any occupants or the public. (8) Vented storm shelters shall be provided in a central or other convenient location at the rate of twelve (12) square feet per designated or intended camping space. (9) Structures shall not exceed thirty-five (35) feet in height. Upon approval of the preliminary campground plan by the planning commission, the applicant shall prepare and submit two (2) copies of a final campground plan, which shall incorporate any changes or alterations requested, to the secretary of the planning commission. Upon the determination by the secretary that the final campground plan accurately reflects the desires of the planning commission, a conditional use permit will be issued. An approved copy shall be forwarded, within seven (7) days, to the zoning administrator, who may issue the required permits upon proper application. "Section 42-230. Special provisions. (1) Manufactured home parks shall comply with the provisions of Chapter 22 of the Salina Code. (2) All manufactured homes placed in new, expanded or existing manufactured home parks after January 1, 1992, shall have been manufactured after June 15, 1976 and shall bear a label certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards (42 U.S.C. Sec. 5401); provided however, that mobile homes built prior to June 15, 1976, and not bearing a HUD Code label shall be permitted to be placed within an existing manufactured home park if the unit has been inspected by the Building Official and bears a certificate stating that the unit meets or exceeds HUD Code standards or any minimum housing code standards adopted by the City. For the purposes of this section, "existing manufactured home park" means any park properly licensed and in operation prior to January 1, 1992. (3) Mobile homes located in manufactured home parks existing prior to January 1, 1992 and on individual zoning lots shall hereafter be deemed lawful nonconforming uses and shall be subject to the provisions of Sec. 42-579 of the Salina Code. Mobile Homes located or placed in existing manufactured home parks and meeting the criteria in Section 42-230(2) above shall be considered lawful conforming uses in the MH -P district." "Section 42-231. Unused manufactured home park. Whenever a property, zoned 'MH -P', ceases to be used for such purposes for a period of two (2) years, the planning commission may initiate action and hold a public hearing to rezone the property back to a more appropriate zoning district. "Sections 42-232 to 42-235. Reserved." Kuhn -Cox Printing — Salina, Kansas Section 2. That the existing Division 9 of Article IV, of Chapter 42 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: Jacqueline Shiever, City Clerk Introduced: December 2, 1991 Passed: January 6, 1992 Stephen C. R n, Mayor (Published in The Salina Journal January a , 1992) Ordinance Number 91-9488 was adopted by the Board of City Commissioners on January 6, 1992 and was published on January 15, 1992. In the January 15, 1992 publication of Ordinance Number 91-9488, Section 42-230 was incorrect as published. The following is Section 42-230 as adopted by the Board of City Commissioners under Ordinance Number 91-9488. "Section 42-230. Special provisions. (1) Manufactured home parks shall comply with the provisions of Chapter 22 of the Salina Code. (2) All manufactured homes placed in new, expanded or existing manufactured home parks after January 1, 1992, shall have been manufactured after June 15, 1976 and shall bear a label certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards (42 U.S.C. Sec. 5401); provided however, that mobile homes built prior to June 15, 1976, .and not bearing a HUD Code label shall be permitted to be placed within an existing manufactured home park if the unit has been inspected by the Building Official and bears a certificate stating that the unit meets or exceeds HUD Code standards or any minimum housing code standards adopted by the City. For the purposes of this section, "existing manufactured home park" means any park properly licensed and in operation prior to January 1, 1992. (3) Mobile homes located in manufactured home parks existing prior to January 1, 1992 and on individual zoning lots shall hereafter be deemed lawful nonconforming uses and shall be subject to the provisions of Sec. 42-579 of the Salina Code. Mobile Homes located or placed in existing manufactured home parks and meeting the criteria in Section 42-230(2) above shall be considered lawful conforming uses in the MH -P district." Jacqueline Shiever, City Clerk