5549 Land Use Regulations1
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ORDINANCE NO. 5549
AN ORDINANCE TO REGULATE AND RESTRICT THE USE OF LAND AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES; TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES; TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER
ERECTED OR ALTERED; TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS AND OTHER
OPEN SPACES; TO REGULATE AND LIMIT THE DENSITY OF POPULATION; TO DIVIDE THE CITY
INTO DISTRICTS AND ESTABLISH, BY REFERENCE TO A MAP, THE BOUNDARIES OF SAID DIS-
TRICTS FOR SAID PURPOSES; TO PROVIDE FOR A BOARD OF ZONING APPEALS AND DEFINING
ITS POWERS AND DUTIES; TO PROVIDE FOR ENFORCEMENT AND PRESCRIBING PENALTIES FOR
VIOLATION; TO PROVIDE FOR AMENDMENTS; TO PiOVIDE FOR PERMITS AND CERTIFICATES OF
OCCUPANCY; K RN TO PROVIDE FOR
INTERPRETATION OF THIS AND OTHER ORDINANCES OR LAWS OR COVENANTS, ETC., RELATING
TO THE SAME OR SIMILAR SUBJECTS: TO PROVIDE THAT IF ANY CLAUSE, SENTENCE, SECTION,
PARAGRAPH OR PART OF THIS ORDINANCE SHALL BE HELD INVALID, SUCH INVALIDITY SHALL
NOT INVALIDATE THE REMAINDER; TO PROVIDE FOR THE SAVING OF ALL REMEDIES OF THE
CITY OF SALINA FOR VIOLATIONS OF ORDINANCE NO. 3188, AND ALL AMENDMENTS AND
SUPPLEMENTS THERETO, OR AN OTHER PREVIOUSLY EXISTING ZONING ORDINANCES; TO PROVIDE
FOR THE REPEAL OF ALL OTHER ORDINANCES OR PARTS OF SUCH ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; SUBJECT, HOWEVER, TO THE SAVING OF EXISTING REMEDIES, AS AFORESAID.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansasz
Section 1. DISTRICTS. For the purpose of regulating and restricting the location
of trades and industries, and the location, erection, alteration, and repair of build-
ings designed for specific uses, and the use of land, the City of Salina, Kansas is
hereby divided into seven districts as follows
District A. First Dwelling House District
District B. Second Dwelling House District
District C. Apartment District
Di.stri et D. Local Business District
District E. General Business District
District F. Light Industrial District
District G. Heavy Industrial District
Section 2. DISTRICT MAP ADOPTED. Boundaries of the districts, as enumberated
in Section 1 of this ordinance, are hereby established as shown on the map attached
hereto, which map is hereby designated as the "Zoning District Map", and said map and
all the notations, references and information shown thereon are hereby made as much a
part of this ordinance as if the same were set forth in full herein. It shall be the
duty of the City Clerk to keep on file in his office an authentic copy of said map, all
changes, amendments or additions thereto, aid duplicate copies thereof shall be kept on
file in the office of the City Planning Commission and Building Inspector.
When definite distances in feet are not shown on the Zoning District Map, the
district boundaries are intended to be along existing street, alley or plotted lot lines,
or extension of the same, and if the exact location of such line is not clear, it shall
be determined by the Building Inspector, due consideration being given to location as
indicated by the scale of the Zoning District Map.
When the streets or alleys on the ground differ from the streets or alleys as
shown on the Zoning District Map, the Building Inspector may apply the district designa-
tions on the map to the streets or alleys on the ground in such manner as to conform
to the intent and purpose of this ordinance,*
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All territory which may hereafter be annexed to the City of Salina shall
automatically be classed as lying and being in District "A" until such classifica-
tion shad have been changed by an amendment to the Zoning Ordinance, as provided
by law.
Whenever any street or alley is vacated, the particular district in which the
adjacent property lies shall automatically be extended to the center line of any
such street or alley.
Section 3. BOARD OF ZONING APPEALS. The Board of City Commissioners of Salina
is hereby designated as the Board of Zoning Appeals. The word "Board", when used in
this ordinance, shall be construed to mean the Board of Zoning Appeals. The powers
and duties of the Board are outlined in Section 23,
Section 4* DEFINITIONS. For the purpose of this Ordinance, the following
words and terms as used herein are defined to mean the followingt
Words used in the present tense include the future; words in the singular
number include the plural; and words in the plural number include the singular;
the word "building" includes the word "structure"; the word "shall" or the word
"must" is mandatory and not directory; the word "lot" includes the word "plot";
the term "used for" includes the meaning "designed for" or "intended for".
1. ACCESSORY BUILDING OR USE: A subordinate building, or a portion of the
main building having a use customarily incident to and located on the lot occupied
by the main building; or a use customarily incident to the main use of the property.
2. ALLEY: A public way Mich affords only a secondary means of access to
abutting property.
3. APARTMENT: A room or a suite of rooms within an apartment house arranged,
intended, or designed for a place of residence of a single family or group of in-
dividuals living together as a single housekeeping unit,
4. APARTMENT HOUSE: A building arranged, intended, or designed for more than
two families.
5. APARTMENT HOTEL: An apartment house which furnishes for the use of its
tenants services ordinarily furnished by hotels, but the privileges of which are not
Primarily available to the public.
6. BAS 1T: A story below the first story as hereafter defined.
7. BLOCK: A piece or parcel of land entirely surrounded by public highways or
streets, other than alleys. In cases where the platting is incomplete or disconnected,
the Building Inspector shall determine the outline of the block.
8. BOARDING HOUSE OR LODGING HOUSE: A building other than a hotel, occupied
as a single housekeeping unit, where lodging or meals are provided for five or more
persons for compensation, pursuant to previous arrangements, but not for the public
or transients.
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9. CURB LEVET,: The mean level of the curb in front of the lot, or in case
of a corner lots along that abutting street where the mean curb level is the highest.
10. DWELLING: A building or portion thereof, designed exclusively for residen-
tial occupancy, including one family, two family, and multiple dwellings, boarding
and lodging houses, but not hotels.
11. DWELLING, ONE FAMILY: A detached building arranged, intended, or designed
for occupancy by one family.
12. DWELLING, TWO-FAMILY: A building arranged, intended, or designed for
occupancy by two families.
13. DWELLING, MULTIPLE: A building or portion thereof, arranged, intended,
or designed for occupancy by three or more families, including apartmentshousess row
houses, tenement$ and apartment hotels.
14* FAMILY: Any number of individuals living together as a single housekeeping
unit, as distinguished from a group occupying a boarding house, lodging house or hotel
as defined herein.
15. GARAGE, COMMUNITY: A building or portion thereof, other than a public,
pirleate, or storage garage providing storage for motor vehicles with facilities for
washing, but no other services, such garage to be in lieu of private garages within
a block or portion of block.
16. GARAGE, PRIVATE: An accessory building for storage only of motor vehicles.
17. GARAGE, PUBLIC: A building or portion thereof, designed or used for the
storage, sales hiring, care or repair of motor vehicles, which is operated for com-
mercial purposes.
18. GARAGE, STORAGES A building or portion thereof, except those defined as
a private, a public, or a community garage providing storage for motor vehicles, with
facilities for washing but no other services.
19. HEIGHT OF BUILDINGS: The vertical distance measured from the highest of
the following three levels:
a. From the street curb level;
b. From the established or mean street grade in case the curb has
not been constructed;
c. From the average finished ground level adjoining the building if it sets
back from the street line;
to the level of the highest point of the roof beams of flat roofs or roofs inclining
not more than one inch to the foots and to the mean height level of the top of the main
plate and highest ridge for other roofs.
20• HEIGHT OF YARD OR COURT: The vertical distance from the lowest level of such
yard or court to the highest point of any boundary wall.
21. HOTEL: A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with or without meals,
and in which there are more than twelve sleeping rooms, and no provision for cooking
in individual rooms.
22. IAT: A parcel of land occupied or to be occupied by one buildings or unit
group of buildings, and the accessory buildings or uses customarily incident thereto,
including such open spaces as are required under this ordinance, and having its
principal frontage upon a public street or place.
23. LOT, CORNER: A lot abutting upon two or lk-'Ixwe streets at their intersection.
A corner lot shall be deemed to front on that street on which it has its least dimen-
sion., unless otherwise specified by the Building Inspector.
24,, LOT, INTERIOR: A lot whose side lines do not abut upon any street.
25. IAT, THROUGH: An interior lot having frontages on two streets.
26. LOT LINES: The lines bounding a lot as defined herein.
27. LOT DEPTH; The mean horizontal distance from the front street line to the
rear line.
28. IAT WIDTH: The mean horizontal distance between side lines measured at
right angles to the depth.
29. NON -CONFORMING USE, BUILDING OR YARD: A use, building or yard existing
legally at the time of the passage of this ordinance which does not., by reason of
design or use, conform to the regLlations of the district in which it is situated.
30. PLACE: An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property ahutting thereon.
31. REAR LINE: The boundary line which is opposite and most distant from the
front street line; except that in the case of uncertainty the Building Inspector shall
determine the rear line.
32. SIDE LINE: Any lot boundary line not a front or rear line thereof. A side
line may be a party lot line, a line bordering on an alley or place or a side street
line.
33• STABLE, PRIVATE: An accessory building for the keeping of #orses or mules
only, such horses and mules to be owned by occupants of the premises, and not kept
for remuneration, hire or sale.
34• STABLE, PUBLIC: A stable other than a private or riding stable as defined
herein.
35. STABLE, RIDING: A structure in which horses or mules used exclusively for
pleasure riding or driving are housed, boarded, or kept for hire; including riding
track.
36. STORY: That part of a building included between the surface of one
floor and the surface of the floor next above, or if there be no floor above, that
part of the building which is above the surface of the highest floor thereof. A top
story attic is a half story when the main line of the eaves is not above the middle
of the interior height of such story. The first story is the highest story having
its interior floor surface not more than four feet above the curb level, established
or mean street grade, or average ground level, as mentioned in paragraph 19 of this
section.
37. STREET: A public thoroughfare which affords principal means of access to
property abutting thereon.
2. No building or structure shall be erected, constructed, extended, enlarged,
reconstructed or structurally altered to exceed the height or area Lftit herein es-
tablished for the district in which such building or structure is situated.
38. STREW LINE: The dividing line between the street and the abutting
property.
39. STRUCTURE: Anything constructed or erected, which requires location on
the grounds or attached to something having a location on the ground; including, but
not limited to, advertising signs, billboards, and poster panels, but exclusive of
customary fences or boundary or retaining walls.
4o. STRUCTURAL ALTERATIONS: Any change in the supporting members of a build-
ing, such as bearing walls, columns, beams or girders.
41. TOURIST CABIN OR TRAILER CAMPS: A tract or parcel of land upon which one
or more tourist cabins, for transient use only, are located, or where temporary
accommodations are provided for two or more automobile trailers, tents or house cars..
open to the public either free or for a fee.
lit. YARD: An open space at grade between a building and the adjoining lot
lines, unoccupied and unobstructed by any portion of a structure from the ground up-
ward, except as otherwise provided. In measuring a yard for the purpose of determ-ining
the width of a side yard, the depth of a front yard or the depth of a rear yard, the
least horizontal distance between the lot line and the main building shall be used.
43. YARD, FRONT: A yard across the full width of the lot extending from the
front line of the main building to the front street line of the lot.
" YARD, REAR: A yard between the rear lot line and the rear line of the
main building and the side lot lines.
45. YARD, SIDES A yard between the main building and the adjacent side line
of the lot, and extending entirely from the front yard to the rear yard thereof.
Section 5. REQUIRfZMS MUST BE OBSERVED. - Except as hereinafter provided:
1. No buildings or structures shall be erected, constructed, reconstructed or
structurally altered, nor shall any building, structure or land be used for any purpose
Other than is permitted in the district in which such building, structure or land is
situated.
2. No building or structure shall be erected, constructed, extended, enlarged,
reconstructed or structurally altered to exceed the height or area Lftit herein es-
tablished for the district in which such building or structure is situated.
3. No lot area shall be reduced or di.mlbhed so that the yards or other open
spaces shall be smaller than prescribed by this ordinance, nor shall the density of
population be increased in any manner, except in conformity with the area regulations
established herein.
Section 6. DISTRICT "A" (First Dwelling House District). USE REGTJ TIONS.
In District "A" no building, structure, land or premises shall be used, and no
building or structure shall be hereafter erected, constructed, reconstructed or
altered except for one or more of the following usest
1. Dwellings, one family.
2. Churches and community buildings.
3. Public parks and playgrounds, golf courses, (except miniature golf
courses, driving ranges and other similar activities operated as a
business), public recreation buildings and public museums.
4, Public schools, elementary and high, and private schools with curriculum
equivalent to that of a public elementary or high school, and institutions of higher
learning, including stadiums and dormitories in conjunction, if located on the campus.
5. Public administrative buildings, public libraries, police stations and
fire stations.
6. Railorad right including
of ways, not railroad yards.
7. Agriculture, nurseries, and truck gardens limited to the propagation
and cultivation of plants; provided no retail or wholesale business
shall be conducted upon the premises, and provided that no obnmxi.ous
fertilizer is stored upon the premises, and no obnoxious soil or
'tenovation
fertilizerYis conducted thereon.
8. Accessory uses, customarily incident to the above uses and located on
the same lot therewith, not involving the conduct of a retail business:
(a) The term accessory use shall include customary home occupations,
such as the office of physician, dentist, surgeon, dressmaker,
musician, or artist, but not including barber shops or beauty
parlors, under the following restrictionst
(1) That such uses are located in the dwelling used by a
person as his or her private residence.
(2) That no assistant other than a member of the family
household is employed, and no window display or sign,
either illuminated or more than one square foot in area
is used to advertise the same.
(3) That no power other than electric and of not more than
one horse power is used.
(b) A billboard, signboard, or advertising sign shall not be per-
mitted as an accessory uses except that the placing of an un -
illuminated "For Sale" or "For Rent" sign not more than eight
(8) square feet in area may be permitted as an accessory use,
and except that churches and other institutions may display
signs showing names, activities and services therein provided,
and that during construction of a building one unilluminated
sign advertising contractors or architects for such buildings
shall be permitted, providing such sign shall not be more than
(8) square feet in area, and shall be set back of the established
or customary building linea and such sign shall be removed im-
mediately upon completion of the building.
(c) There shall be permitted one private garage with space for not
more than one motor vehicle for each three thousand (3,000)
square feet of lot area (but permitting a minimum of two cars),
one private stable for not more than one horse or mule for each
five thousand (5,000) square feet of lot area, or servants
quarters; provided that such garage, stable or servants
quarters shall be located not less than sixty (60) feet from
the front lot line, nor less than three (3) feet from any side
lot line, and in the case of corner lots not less than the
distance required for residence from side streets; and further
provided that such servants quarters shall be occupied only by
servants employed on the premises. A garage may be constfucted
across a common lot line by mutual agreement between property
owners. A garage or servants quarters constructed as an integral
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part of the main building shall be subject to the regulations
affecting the main building.
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(d) Community garages may be permitted by the Board. Such community
garage may provide facilities for washing cars, and access there-
to, if from the street, shall be by not more than one driveway.
Such garages shall be so located as to be distant at least six
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(6) feet fro. any pasty lot line and shall be set back from any
front or side street line a distance at least ten (10) feet greater
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than would be required for a residence building in the same location,
and shall not be over one storyor sixteen feet high. igh. No commercial
vehicle shall be housed in any such community garage.
(e) Temporary real estate sales office, located on property being sold,
and limited to period of sale, but not exceeding two years without
special p permit from the Board,
(f) There shall be permitted as an accessory use, recreation and
service buildings or refectories in a public park or playground.
HEIGHT AND AREA REGULATIONS.
In District "A" the height of buildings, the minimum dimensions of lots and
yards, and the minimum lot area per family permitted on any lot, shall be as
follows: (For exceptions see Section-�T)
Height: No building shall exceed thirty-five (35) feet or two and one hall
stories.
Front Yards: Any building hereafter constructed shall provide for a front
yard, the minimum depth of which shall be at least twenty-five (25) percent of the
depth of the lot, but the depth of such front yard need not be more than twenty-
five (25) feet.
Side Yards: There shall be a side yard on each side of a building not less
than twelve (12) percent of the width of the lot. Such side yard shall not be less
than four (4) feet, and need not be more than ten (10) feet.
Buildings on corner lots, where interior lots have been platted or sold front-
ing on the side street, may project not more than ten (10) feet in front of the line
established for buildings by the front yard requirements for the interior lots on the
side street, provided this regulation shall not be so interpreted as to reduce the
buildable width of a corner lot in separate ownership at the time of the passage of
this ordinance, to less than twenty-eight (28) feet, and provided that the side yard
regulations above shall be observed.
Rear Yards: The depth of the rear yard shall be at least twenty-five (25)
percent of the depth of the lot, but such depth need not be more than thirty (30)
feet.
Width of Lot: The minimum width of an interior lot shall be sixty (60) feet,
and a corner lot seventy (70) feet, provided that where a lot has less width than
herein required, in separate ownership at the time of the passage of this ordinance,
this regulation will not prohibit the erection of a one family dwelling.
Lot Area per Family: Every dwelling hereafter erected or altered shall provide
a lot area of not less than six thousand (6,000) square feet per family, provided that
where a lot has less area than herein required in separate ownerships at the time of
the passage of this ordinance, this regulation shall not prohibit the erection of a
one family dwelling.
Section 7. DISTRICT "B" (Second Dwelling House District). USE REGUJATIONS.
In District "B" no building, structure, land or premises shall be used, and no
building or structure shall be hereafter erected, constructed, reconstructed or altered
except for one or more of the following uses:
1. Any use permitted in District "A".
2. Two Family dwellings.
3e Accessory uses as provided in District "A", except that in District "B"
Section 8. DISTRICT "C". (Apartment House District) USE REG!LATIONS.
In District "C" no building, structure, land or premises shall be used, and
no building or structure shall be hereafter erected, constracteds reconstructed, or
altered, except for one or more of the following uses:
le Any use permitted in District "B".
2, Apartment houses, flats, or multiple dwellings.
3. Boarding and lodging houses*
4, Fraternity or sorority houses and dormitories.
5. Hotels or Apartment Hotels,
6, Hospitals, clinics, sanitariums or homes for convalescent or aged,
other than for the insane or feeble minded,
7. Private clubs or fraternal orders.
8. Philanthropic or elemosynary institutions, other than penal institutions.
9. Accessory uses customarily incident to any of the above uses, and located
on the same lot, not involving the conduct of a retail business:
a private garage may provide space for not more than one motor vehicle for each
two thousand (2000) square feet of lot area.
HEIGHT AND AREA. REGULATIONS,
In District "B" the height of buildings, the minimum dimensions of lots and
yards and the minimum lot area per family permitted upon any lot shall be as follows:
(For exceptions see Section 17).
Height: Same as District "A"
Front Yards: Same as District "A"
Side Yards: Same as District "A", including regulations for corner lots
adjacent to reversed frontage.
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Rear Yards: Same as District "A"
Width of Lot: The minimum width of a lot shall be fifty (50) feets provided
that where it has less width than herein required, in separate ownership at the time
of the passage of this ordinance,, this regulation shall not prohibit the erection of
a one family dwelling.
Lot Area per Family: Every dwelling hereafter erectedor altered shall provide
a lot area of not less than six thousand (60000) square feet per family for one
family dwellings, or three thousand (3,000) square feet per family for two family
dwellings, provided that where a lot has less area than herein provided, in separate
ownership at the time of the passage of this ordinance, this regulation shall not
prohibit the erection of a one family dwelling.
Section 8. DISTRICT "C". (Apartment House District) USE REG!LATIONS.
In District "C" no building, structure, land or premises shall be used, and
no building or structure shall be hereafter erected, constracteds reconstructed, or
altered, except for one or more of the following uses:
le Any use permitted in District "B".
2, Apartment houses, flats, or multiple dwellings.
3. Boarding and lodging houses*
4, Fraternity or sorority houses and dormitories.
5. Hotels or Apartment Hotels,
6, Hospitals, clinics, sanitariums or homes for convalescent or aged,
other than for the insane or feeble minded,
7. Private clubs or fraternal orders.
8. Philanthropic or elemosynary institutions, other than penal institutions.
9. Accessory uses customarily incident to any of the above uses, and located
on the same lot, not involving the conduct of a retail business:
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(a) There shall be permitted such facilities as are required for
the operation of a hotel or apartment hotel, when conducted
and entered from within the buildings provided no window or
other display or sign on the exterior of the building is used
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to advertise such use.
(b) In this district a private garages accessory to a one or two
family dwellings may provide space for not more than one motor
vehicle for each seven hundred and fifty (750) square feet of
lot area, and a storage garage may be permitted as an accessory
use to an apartment houses apartment hotel., hotel or duplex.
No business occupation or service connected with motor vehicles
shall be permitted. The same provision regarding community garages
applies in this district as in District
HEIGHT AND AREA REGULATIONS.
In District "C" the height of buildings$ the minimum dimensions of lots and
yards and the minimum lot area per family permitted upon any lot shall be as follows:
(For exceptions see Section 17).
Height: No building shall exceed forty-five (45) feet or three (3) stories.
Front Yards: Any building hereafter constructed shall provide for a front
yard the minimum depth of which shall be at least twenty (20) percent of the depth
of the lots, but the depth of such front yard need not be more than twbnty (20) feet.
Side Yards: Same as District Ratty including regulations for corner lots ad-
jacent to reversed frontages provided the width shall be increased one inch for each
foot of height of building above thirty-five (35) feet.
Rear Yards: The depth of the rear yard shall be at least twenty-five (25) per-
cent of th4 depth of the lot, but such depth need not be more than twenty-five (25) feet.
Width of Lot: Same as District "B".
Lot Area per FaVi.ly: Every building or portion of a buildinghereafter erected or
altered shall provide a lot area of not less than one thousand (1000)square feet per
family.
Section 9. DISTRICT "D". (Local Business District).
USE REGULATIONS.
In District "D" no building's structure, land or premises shall be used, and no
building or structure shall be hereafter erected$ constructed: reconstructed: or altered
except for one or more of the following uses:
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le Any use permitted in District "C".
2. Assembly Halls,
3. Automobile parking lots.
fit. Automobile or trailer sales rooms or yards, other than premises where
used vehicles are dismantled or used parts sold.
5. Bakeries employing not more than five persons on the premises.
6. Banks.
7. Barber and Beauty Shops,
8. Battery stations,
9. Bicycle repair shops.
10. Cleaning, pressing and dyeing establishments, employing not more than
five persons on the premises, provided that only non -explosive cleaning
fluids shall be used.
11. Electric Substations,
12. Filling stations, provided all storage tanks for gasoline shall be below
the surface of the ground.
13. Frozen food lockers for individual or family use, not including any pro-
cessing of food except cutting and wrapping.
14, Garages (Public), except that in public garages no repair facilities or
activities shall be maintained outside of the building or in the front
portion of the first story of the building within thirty (30) feet of the
front of the building and no body or fender repairs or blacksmithing shall
be conducted on any premises adjacent at the side or rear to a District "All,
"B" or "C".
15. Garages (Storage).
16. Greenhouses (commercial).
17. Ice delivery stations for storage and sale of ice at retail only.
18. Laundries employing not more than five persons on the premises.
19. Lodge Halls,
20. Minature golf courses.
21. Mortuaries.
22. Offices.
23. Photographic printing shops.
24* Printing shops, provided the total mechanical powerused in the operation
of such printing plant shall not exceed five horse power.
25. Radio and television shops or studies.
26. Restaurants, cafes or cafeterias (excluding dancing, entertainment or pro-
vision for sale or consumption of liquor).
27. Schools operated as a business.
28. Shoe repair shops.
29. Shops for custom work, or the manufacture of articles to be sold at
retail on the premises, provided that in such manufacture the total
mechanical power shall not exceed five horse power for the operation
of any one shop, and provided that the space occupied by the manufacturing
use permitted herein shall not exceed fifty (50) percent of the total
floor area of the entire building or the equivalent of the ground floor
area thereof, and provided further that such manufacturing use is not
noxious or offensive by reason of vibration, noise odor, dust, smoke or
gas.
30. Signs (advertising) when the same advertise only services, articles or
products which are offered within the building, to which the sign is
attached, or on the premises on which the sign is located.
31. Stores, shops and markets for retail trade.
32. Studios.
33. Theatres or picture shows (other than drive-in theatres)
34. Tire Shops,
35. Accessory uses customarily incident to any of the above uses, including
ice and refrigerating plants purely incidental to a main activity per-
mitted on the premises, and when operated by electricity.
HEIGHT AND AREA. REGUTAT IONS.
In District I'D" the height of the buildings, the minimum dimensions of lots and
Yards and the minimum lot area per family permitted on any lot shall be as follows:
provided that buildings erected exclusively for dwelling purposes shall comply with
the front, side and rear yard requirements of District "C". (For exceptions see
Section 17).
Height: No building shall exceed thirty-five (35) feet, or two and one half
stories, except that where a District "D" joins a District "C" within the same block,
the height may be increased to forty-five (45) feet or three stories within that block.
Front Yards= The front yard shall be at least fifteen (15) feet, except that it
need be of no greater depth than the least depth established by existing buildings in
a District I'D" within the same block, and except that where a portion of a District
"D" lies within the same block and fronts upon the same street with a portion of a
j District "A", "B", or "CIO and no lot within said District "D" is occupied by a building
with a front yard of less depth than that required in that portion of a District "A",
"B" or "C" adjoining, then in such case the front yard requirements of such adjoining
Districts "A", "B" or "Cei, shall likewise be applicable to such portion of District "D".
Side Yards: No side yard is required except that where a side line of a lot in
this district abuts upon.a lot in a District "An, "Bit or "C", a side yard shall be pro-
vided as required in such District "A", "B" or "Cit.
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Rear Yards: The depth of the rear yard shall be at least twenty (20) percent
of the depth of the lot, but such depth need not be more than twenty (20) feet, except
that on a corner lot no rear yard is required within fifty (50) feet of a side street,
unless the rear line adjoins a District "Al', "B", or r'C".
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Width of Lot: The minimum width of the lot shall be fifty (50) feet, if used
it
exclusively for one familyt two family or multiple family dwellings, except as pro-
vided in District "B". For other uses the width may be less.
Lot Area per Fa�ily: Every building or portion of a buildinghereafter erected,
I
altered or used for dwelling purposes, shall provide a lot area of not less than one
thousand (1000) square feet per family.
Section 10. DISTRICT "E" (General Business District).
i
USE REGr?ATIONS.
i
In District "E" no building, structure, land or premises shall be used, and no
I
building or structure shall be hereafter erected, constructed, reconstructed or altered,
except for one or more of the following uses:
1. Any use permitted in District "D".
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2. Armories.
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3• Beer Gardens, Bowling Alleys, Dance Halls, Shooting Galleries, Skating
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Rinks, and similar commercial recreation buildings or activities; pro-
vided, howhver, that the same shall be not less than two hundred (200)
feet from any existing clinic, hospital, school or church; and shall not
be less than two hundred (200) feet from a District "A" to "C" inclusive,
unless approved by the Board, under such restrictions as seem appropriate
I
after consideration of noise and other detrimental factors incident to such
use.
4e Billboards and Advertising Signs, where permitted by ordinance.
5e Billiard Halls.
b. Bus Stations,
7e Dog and Cat Hospitals,
8.' Gymnasiums (commercial)
9. Newspaper publishing plants.
10e Radio and television broadcasting stations.
11e Restaurants, cafes, cafeterias, taverns and night clubs.
12. Storage in bulk of, or warehouse for, such materials as:
Clothing, drugs, dry goods, food, furniture, glass, groceries,
hardware, household goods, liquor, lubricating oil, millinery,
paints, paint materials, pipe, rubber, shop supplies, tobacco,
turpentine, varnish, and wines, when incidental to sale at retail
on the premises.
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13. Swimming pools (commercial).
14* Wholesale sales offices and sample rooms.
15. Any retail business or use not included in Districts 'tF" and "G", provided
that such use is not noxious or offensive by reason of vibration, noise,
odor, dust, smoke or gas.
16. Accessory uses customarily incident to any of the above uses.
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HEIGHT AND AREA REGULATIONS.
In District "Ef' the height of buildings, the minimum dimensions of lots and yards
and the minimum lot area per family � p permitted upon any lot _shall be as follows. pro-
vided that buildings erected for dwelling purposes exclusively, shall comply with the
front, side and rear yard requirements of District "C". (For exceptions see Section 17).
Height: No building shall exceed forty-five (45) feet or three (3) stories, except
that buildings may be erected to a height not to exceed one hundred (100) feet or eight
(�) stories in an area described as followss
Beginning g' g at a point on the center line of the alley between Fifth Street and Santa
ven e
Fe P one hundred (100) feet north of the north line of Ash Street; thence west on
a line one hundred (100) feet from and parallel to the north line of Ash Street to a
point one hundred twenty-five (125) feet west of the west line of Ninth Street; thence
soutie on a line one hundred twenty-five (125) feet from and parallel to the west line of
i Ninth Street to a point one hundred (100) feet south of the south line of Iron Avenue;
thence east on a line one hundred (100) feet from and parallel to the south line of Iran
Avenue to a point one hundred ten (110) feet west of the west line of Eighth Street; thence
south on a line one hundred ten (110) feet from and parallel to the west line of Eighth
Street to the center line of Walnut Street; thence east along said center line of Walnut
Street to the center line of the alley between Seventh Street and Santa FeAvenue
; thence
south on the center line of said alley between Seventh Street and Santa FeAven�ue to the
center line of South Street; thence east on the center line of South Street to a point on
the center line of the alley between Santa Fe v ue
and Fifth Street, thence north on
Avenue
said centir line of the alley between Santa Fe StPUM and Fifth St t t
ree o a point one
hundred fifty (150) feet south of the south line of Iron Avenue; thence east on a line
one hundred fifty (150) feet from and parallel to the south line of Iron Avenue to the
center line of the alley between Fifth Street and Fourth Street; thence north on the
center line of said alley between Fifth Street and Fourth Street to a point one hundred
fifty (150 feet north of the north line of Iron Avenue; thence west on a 1L -e one hundred
fifty (150) feet from and parallel to the north line of Iron Avenue to the center line of
the alley between Fifth Street and Santa Fe Avenue; thence north on the centAr line of said
galley between Fifth Street and Santa Fe Avenue to the point of beginning.
11
1
Front Yards: No front yard is required, except that where a portion of a
District "E" lies within the same block and fronts upon the same street with a portion
I
of a District "Arr, "B", "C" or "D", and no lot within said District "E" is occupied
by a building with a front yard of less depth than required in that portion of a Districts
I
"A", "B", "C", or "D" adjoining, then in such case the front yard requirements of such
adjoining District "A", "B", "C", or "D", shall likewise be applicable to such portion
of District "E".
s Side Yards: Same as District "D".
I
Rear Yards: No rear yard is required.
Width of Lots Same as District "D".
Lot Area per Family: Same as District "D".
Section 11. DISTRICT "F". (Light Industrial District).
USE REGULATIONS.
In District "F" no building, structure, land or premises shall be used, and no
building or structure shall be hereafter erected, constructed, reconstructed, or
altered, except for one or more of the following uses:
1. Any use permitted in District "E".
2. Bakeries.
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3. Blacksmith or wagon shops.
4* Bottling works.
5. Bus barns.
6. Canning or preserving factories.
7. Carpenter, cabinet, or pattern shops, provided that no mechanical power
in excess of thn (10) h. p. is used in the operation of any one machine.
8. Carpet cleaning establishments.
9. Chemical laboratories.
10, Cleaning, pressing, and dyeing plants.
11. Cold storage plants.
12. Creameries.
13. Electro plating works.
14. Flour mills, feed mills and grain processing.
15. Forges (hand).
16. Freight terminals (rail, truck, or water)
17. Galvanizing works.
18. Garages (public).
19. Grain elevators.
20. Ice Plants.
21. Laundries.
22. Lumber yards.
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23.
Machine shopas provided that no mechanical power in excess of 10 h, p,
is used in the operation of any one machine.
4*
Manufacture of products such as: Artificial flowersj, featherss plumes;
awnings; bags; blacking; small boats; bone products; brooms and brushes;
chemicals
buttons and novelties; candy; canvas products; cement products; d'fNdQ#-
(non-offensive); cigars; cleaning or polishing preparations; clothing;
coffee (roasting); cosmetics; cotton seeds peanut or similar products;
drugs or medicines; electrical signs; extracts; food products; fruit
juices; gas or electric fixtures; ice cream; leather products; light
metal products; musical instruments; paper products; sausage; shell
products; shoes and boots; syrup; terra cotta or tile handcraft products;
textiles; toys; wooden ware.
25*
XUk bottling or distribution plants.
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26.
Monument or marble works.
27.
Movings transfer or storage plants.
28.
Photo engraving plants.
29.
Planing millss provided that no mechanical power in excess of 10 h. p.
30.
is used in the operation of any one machine.
Poultry killing or dressing for
commercial purposes.
31.
Printing plants.
32.
Produce markets (wholesale)
33•
Railroad freight yards.
34.
Sales rooms and yards for farm ma.chinerys contractors equipment and oil
well supplies.
35.
Sign painting plants.
36.
Stables (public) or wagon sheds.
37.
Stone cutting plants.
38.
Storage in bulk ofs or warehouse fors materials enumberated in item 12,
Section 10 of use regulations for District "E"s and such materials as:
Asphalts brick; building material; cement; coal; contractor's equipment;
cotton; feed; fertilizer; grain; grgvel; grease; hay; ice; lead; lime;
machinery; metals; oil; plaster; poultry; roofing; rope; sand; stone;
tar; tarred or creosoted products; terra cotta; tirber; wood; wool.
39.
Tracks (team, loading, or storage).
40.
Veterinary hospitals.
41.
Manufacture of any similar character to that herein listeds other than
Specified in District "G"s or any building or use not included within
District "G"s provided such use is not noxious or offensive by reason
of vibrations noises odors dusts smoke or gas.
42.
Accessory uses customarily incident to any of the above uses.
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HEIGHT AND AREA REGULATIONS
j In District "F" the height of buildingas minimum dimensions of lots and yards
and the minimum lot area per family permitted upon any lots shall be as followss
provided that buildings erected for dwelling purposes exclusively shall comply with
the fronts side and rear yard requiements of District "C". (For exceptions see
j
Section 17).
Height: No building shall exceed fifty-five (55) feet or four (4) stories.
Front Yards: No front yard, is required.. except that where a portion of
District "F" lies within the same block and fronts upon the same street with a
portion of a District "A", "B"s "C" or "D"� and no lot within said District "F" is
occupied by a building with a front yard of less depth than required in that portion
of a District "A", "B", "C" or I'D" adjoining, then in such case the front yard re-
quirements of such adjoining District "A", "B", "C" or "D" shall likewise be applicable
to such portion of District 'IF".
Side Yards: Same as District "D".
Rear Yards: The depth of a rear yard shall be at least ten (10) feet, except
that in a corner lots rear yard is required within fifty (50) feet of a side street,
unless the rear line adjoins a District "A"s "B" or
Width of Lot: Same as District "D".
Lot Area per Family: Same as District "D".
Section 12. DISTRICT "G" (Heavy Industrial District),
USE REGti Lk. TI ONS
In District "G" no buildings structure, land or premises shall be used, and no
building or structure shall be hereafter erecteds constructed., reconstructed or
altered except for one or more of the following uses.-
1,
ses:1. Any use permitted in District "F".
2. Ammonia, bleaching powders chemical plants.
I
3. Assaying works (other than gold or silver).
4. Auto wrecking yard.
5. Blooming or rolling mills.
6. Breweries or distilleries.
7. Cider mills.
8. Coal car dumps.
9. Coal distillation and bi-products plants.
10. Coal hoists, pockets or trestles.
11. Coke ovens.
12. Concrete or asphalt mixing plants.
13. Cooperage works.
14. Cotton ginning or baling works.
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15.
Dog Pounds.
l6.
Enameling works.
17.
Electric power plants.
I
18.
Forges (power) j
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19.
Foundries (iron, brass, bronze, aluminum).
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20.
Hides and skins (storage, curing or tanning).
21.
Japanning works.
22.
Junk yards, including storage, sorting, baling or processing of rags,
paper or metal.
23.
Lumber mills.
24.
Machine shops.
25.
Manufacturing of such products as Adding machines, cash registers,
typewriters; alcohol; asphalt; basket material; boilers; boxes; bronze;
cans; carbon battery; electric lamps; carbon or lamp black; carriage or
wagon parts; celluloid or similar materials; clay, shale, and glass pro-
ducts; creosote; cutlery or tools; disinfectant; insecticides; dyes;
electrical machinery; furniture; gas (from coal or petroleum); glass;
iron and steel; locomotives; motor cars; bicycles; airplanes; nuts;
bolts;, screws;p etc.; oil cloth; linoleum; paint, JapanA lacquer,,, oil;,
turpentine, varnish, enamel, etc.; railway cars; rubbery synthetic rubber;,
rubber products; shoddy; soap; starch,s glucoses dextn 'tax prpd'4
tobacco (chewing); tools; vinegar; wine.
26.
Meat or fish packing or storage plants.
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27.
Metal stamping, shearing, punching works, etc.
28.
Oil compounding and barreling plants.
29.
Planing mills.
30.
Railroad round houses or shops.
31.
Salt works.
32. Steel furnaces.
33• Structural iron or pipe works.
iii. Sugar refineries.
35. Tar distillation or manufacture.
36. Wire or rod mills.
37. Wood distillation plants (charcoal, tar, turpentine, etc.).
38. Wool scouring works.
39. Any other uses not now or hereafter prohibited by ordinance of the City of
Salina, Kansas regulating nuisances, except that the following uses will be
permitted only by approval of the Board of City Commissioners after report
from the Fire Department, Health Department and City Planning Commission:
Acid manufacture.
Cement, lime, gypsum or plaster of paris manufacture.
Distillation of bones.
Explosive manufacture or storage.
Fertilizer manufacture.
Gas manufacture.
Garbage, offal or dead animal reduction or dumping.
Paper or pulp manufacture.
Petroleum or its products, (refining of).
Smelting of tin, copper, zinc or iron ores.
Wholesale storage of gasoline.
40. Accessory uses customarily incident to any of the above uses.
HEIGHT AND AREA REGULATIONS
In District "G" the height of buildings, the minimum dimensions of lots and yards
and the minimum lot area per family permitted upon any lot shall be as follows, pro-
vided, however, that buildings erected for dwelling purposes exclusively, shall comply
with the front, side, and rear yard rec,uirements of District "C". (For exceptions see
Section 17).
Height: No building shall exceed seventy-five (75) feet or six stor4es.
Front Yards: No front yard is required, except that wherea portion of District
"G" lies within the same block and fronts upon the same street with a portion of a
District "A", "B", "C" or t'Dtt, and no lot witbii i said District "G" is occupied by a
building with a front yard of less depth than req ired in that portion of a District
"A", ttB", ttC" or I'D" adjoining, then in such case the front yard requirements of such
adjoining District ttAtt, "B", "C" or "D" shall likewise be applicable to such portion
of District "Gil,
Side Yards: Same as District "D".
Rear Yards: Same as District 'IF".
Width of Lot: Same as District "D".
Lot Area per Family: Same as District "E".
Section 13. SPECIAL CLASSES.
Any of the following uses may be located in any district by special permission
of the Board, under such conditions as the Board may impose, and after public hearing,
provided that in their judgment such use will not seriously injure the appropriate use
of the neighboring property, and will conform to the general intent and purpose of this
ordinance; and shall comply with the height and area regulations of th4 district in which
they may be located:
1. Amusement parks, commercial baseball or athletic fields, race tracks,
curcuses, carnivals, or fairgrounds.
2. Aviation fields or airports.
3. Cemeteries, mausoleums, or crematories for the disposal of the human dead.
fit. Golf driving ranges, commercial or illuminated.
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5. Gun clubs, skeet shoots or target ranges.
6. Hospitals for the insane or feeble minded, or penal or correctional
institutions.
7. Quarries, mines, sand or gravel pits or excavations for the purpose of re-
moving, screening, crushing, washing or storage of ore, clay, stone, gravel
or similar materials, provided, however, that no permit shall be issued until
and unless the site location and plan of operation, including necessary
structures, have been submitted to and approved in writing by the Board,
which permit shall be for a limited period of time not to exceed five (5)
Year.
8. Radio and Television Towers under such safeguards as the Board may require.
9. Refuse dumps.
10. Reservoirs, wells, towers, filter beds, or water suppl,y.plants.
11. Riding stables and tracks.
12. Sewage, refuse or garbage disposal plants.
13. Tourist cabin or trailer camps.
149 Buildings or the use of premises for public utility purposes or public
service corporations, which buildings or uses the Board deems reasonably
necessary for public convenience or welfare.
Section 14. ACCESSORY USES. A driveway or walk to provide access to premises
in a District "D", "E", "F" or "G" shall not be permitted in a District uA". 11B# or "C".
Buildings or structures or uses waich are accessory to the use permitted in one
district shall not be permitted in a district of a higher classification.
Section 15. NON -CONFORMING USES. A non -conforming use existing lawful.ly at the
time of the passage of this ordinance may be continued except as hereinafter provided.
No non -conforming use of land shall be continued beyond the term ending one year from the
time of the adoption of this ordinance unless such land be wholly or partially occupied
by a permanent enclosed building, designed and constructed for a non -conforming use.
In a District "A" or a District "B" no non -conforming use of a building, designed and
i
constructed for a conforming use, shall be continued beyond a term ending one year from
the time of the adoption of this ordinance, except by authorization of'the Board.
The lawful use of a building existing at the time of the passage of this ordinance
may be continued, although such use does not conform with theprovisions hereof, and such
use may be extended throughout such portions of the building as are arranged or designed
for such use., provided no structural alterations, except those required by law or
ordinances are made therein. If no structural alterations are mades a non -conforming
use of a building may be changed to another non -conforming use of the same or more
restricted classification. If such non -conforming building is removed, the future
use of such premises shall be in conformity with the provisions of this ordinance.
In the event a non -conforming use of any building is discontinued for a period of
two (2) years, the use of the same shall thereafter conform to the provisions of
the district in which it is located*
A non -conforming use if changed to a conforming use or more restricted, non-
conforming use, may not thereafter be changed back to a less restricted use than
that to which it was changed. If by amendment to this ordinance any property is here-
after transferred to a more restricted district by a change in the district boundaries,
or the regulations and restrictions in any district are made more restrictive or of a
higher classification, the provisions of this ordinance relating to the non -conforming
use of buildings or premises existing at the time of the passage of this ordinance,
shall apply to buildings or premises occupied or used at the time of the passage of
such amendment.
Repairs and alterations may be made to a non -conforming buildings provided
that no structural alterations or extensions shall be made except those required by
LW or ordinance; unless the building is changed to a conforming use.
All signs and billboards not conforming with this ordinance, way remain during
their normal lifer but main supporting or structural members may not be replaceds and
such signs or billboards may not be extended. However, non -conforming signs specific-
ally describing the business or nature of a non -conforming buildings structure or use
on the same premises may be maintained during the lawful life time of such building,
structures or use.
Section 16. COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing herein contained shall require any change in the plans,$ construction
or designated use of a building for which a building permit has been heretofore issueds
and plans for which are on file with the Building Inspector at the time of the passage
of this ordinance and the construction of which in either case shall have been dili-
gently prosecuted within one year of the date of such permits and the ground story
framework of which, including the second tier of beamss shall have been completed
within such year and which entire building shall be completed, according to such plans
i
as filed, within two years from the date of the passage of this ordinance.
Nottring in this ordinance shall be taken to prevent the restoration of a non-
conforming building destroyed to the extent of not more than seventy-five (75) percent
of its reasonable values (to be determined by the Board) by fires explosion or other
casualty., or act of God, or the public enemy, nor the continued occupancy or use of
such building or part thereof which existed at the time of such partial destruction,
but any building so damaged more than seventy-five (75) percent of its value may not
be rebuilt
s repaired or used unless it is made to conform to all regulations for build-
ings in the district in which it is located.
i '
Therovisions of this ordinance shall not
P apply to prevent the extension of any
buildings existing in any district at the time of the adoption of this ordinances to
the height to which the walls foundation and framework of such existing building
originally were intended* designed and constructed to carry; provided, however, that
the actual construction of the extensions in height permitted by this paragraph shall
have been duly commenced within ten (10) Mears from the date of the adoption of this
ordinance.
Section 17, HEIGHT AND AREA EXCEPTIONS. The regulations and requirements as to
height of buildings and area of lot which may be occupied by buildings., front yards,
side yardss rear yards andother regulations and requirements as established in the fore-
going sections of this ordinance, shall be subject to the following exceptions and
additional regulations.
Height: 1. In Districts "A" "B", tic", "D" and "F"s public or semi-public
buildings., such as hospitals* hotels, churches., sanitariums or schools., either public
or privates where permitted, may be erected to a height not exceeding seventy-five (75)
feet* provided that such buildings shall be set back one additional foot on all sides
for each additional foot that suc# buildings exceed the specified height limit as es-
tablished by the regulations of the district in which such buildings are situated.
2. Dwellings in Districts "A"* "B" and "D" may be increased in height not ex-
ceeding ten (10) feet in addition to the limitations of two and one-half storiess or
thirty-five (35) feet, as prescribed in such districtss provided that two side yards
of not less than fifteen (15) feet in widths each, are provided. In no case shall such
dwellings* however* exceed three stories in height.
3. Parapet walls and false mansards* except on dwellings in Districts "Aei and 1IB1l
may extend not more than six (6) feet above the height limit. Flagpoless chimneys*
cooling towers* electric display signs elevator bulkheads* pent houses* finials* gas
tankss grain elevators* stackss siloss storage towerss radio or television towers*
ornamental towerss monuments* cupolas* domes* spires, standpipes, and necessary mechanical
aPPurtenancess where Pernitteds may be erected as to height in accordance with existing
or hereafter adopted ordinances of the City of Salinas Kansass except that in Districts
"A" and "B'r no radio or television aerial support shall be erected more thanten(1
feet above the height limitations of such districts and in no event shall extend more
ten (10
than feet above the ridge of a roof.
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ate On through lots one hundred twenty-five (125) feet or less in depth
the height of a building may be measured from the curb level of either street.
On through lots or more than one hundred twenty-five (125) feet in depth, the
height regulations for the street permitting the greater height, shall apply to a
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depth of not more than one hundred twenty-five (125) feet from that street.
5. No building or structure shall be erected in the vicinity of an airport in
any area included in any approach or turning zone, as defined by the federal agency
delegated with the powers or authority to control or regulate aviation, the height
of which exceeds the limits permitted or recommended by such federal agency; pro-
vided that this shall not prohibit the erection of buildings or incidental structures
to a height of thitty-five (35) feet or two and one-half (22) stories.
6. Area per Family: For any building used jointly for business and dwelling
purposes or industry and dwelling purposes, the number of families permitted by the
lot area requirements per family shall be reduced in the same proportion as the floor
area devoted to business or industry bears to the entire floor area of the building
provided that floor area below the first floor of such building shall not be included
in aay calculation under this provision.
7. For any building providing jointly for hotel and apartment house uses, the
number of families permitted in apartments by the lot area recuirements per family
shall be reduced in the same proportion as the total floor area devoted to hotel or
non -housekeeping rooms bears to the total floor area devoted to both uses.
Yard Exceptions: 8. In Districts upu, oBtt, IVI or ►'DII, where lots comprising
forty percent (40%) or more of the frontages on the same side of a street between two
streets that intersect such streets (excluding reverse corner lots) are developed with
buildings having front yards with a variation of not more than ten (10) feet in depths
the average of such front yards shall establish the minimum fvont yard depth for the
entire frontage, except that where a recorded plat has been filed showing a setback
line which complies with the requirements of this ordinance., yet is less than the
established setback for the block as provided above$ such setback line shall apply,
provided that the Board may permit variations in case of hardships or where the con-
figuration of the ground is such as to make conformity with the front yard requirements
impractical.
9. Where an official line has been established for future widening or opening
of a street upon which a lot abuts then the width of a yard shall be measured from
such official line to the nearest line of the building.
10. Dwellings or apartments may be built in groups about a place or court with
their rears adjacent to a side lot line, provided that:
(a) The side yard shall be increased by one (1) foot for each dwelling
abutting thereon or one (1) foot for each apartment entrance or exist
abutting thereon.
(b) The width of the place or court shall not be less than three (3) times
the width of the side yard as required above,, and where a roadway is pro-
vided in such place or courts the width of such roadway shall be in addition
to that allow4d above.
(c) A minimum of ten (10) feet shall be allowed between buildings in the
group,
11. Every part of a required yard or court shall be open from its lowest point
to the sky unobstructed, except for the ordinary projection of sills, belt courses,
cornices, chimneys, buttresses, ornamental features and eaves; provided however,
that none of the above projections shall extend into a court more than six (6) inches
nor into a minimum yard more than twenty-four (24) inches; and provided further that
canopies or open porches having a roof area not exceeding sixty (60) square feet may
project a maximum of six (6) feet into the required front or rear yard; open paved
terraces-�may project not more than ten (10) feet into a front or rear yard, and ex-
isting open porches extending into the required yard shall not be enclosed.
12. An open fire escape may project into a required side yard not more than
half the width of such yard. Fire escapes, solid floored balconies and enclosed
outside stairways may project not more than four (4) feet into a rear yard.
13. In any district, an accessory building, nor exceeding eighteen (15) feet
or one and one-half stories in height, or in any case not higher than the main build-
ing, may occupy not more than thirty (30) percent of a required rear yard, except that
in Districts "C" to "Gil inclusive, if such building is not more than one story or six-
teen (16) feet high, it may occupy forty (40) percent of a required rear yard.
14, Buildings in Districts "E" to I}G" inclusive, used wholly or partially for
business or industrial purposess need not provide a side yard, provided that portions
of such buildings which are designed or used for dwelling purposes shall provide on any
floors in addition to the front and rear yard requirements, open space equivalent to
the area of side yards for buildings used exclusively for dwelling purposes in the
district, in which such building is situated. Such open space may be in the form of
additional front or rear yards or one or more courts opening to the street or rear
Yard., provided that
(a) No court shall have a width of less than ten10
( ) feet., e is nor less
than one-fourth of itslength; nor a width of less than two and one-
half (22) inches for each foot of height of the court.
(b) That the width of any portion of a required side yard as provided in
this ordinance may be considered a part of such court.
15• No rear yard shall be required in Districts "Ea to "Gff inclusive on any
lot used for business or industrial purposes, the rear line of which adjoins a railway
right of way or which has a rear railway track connection.
16. In Districts "Drt to "Ga inclusive., in computing the depth of a rear yard
for any building where such yard abuts an alleys one-bralf of such alley may be assumed
to be a portion of the rear yard*
17. In any district where buildings on adjoining lots., used exclusively for
dwelling purposes., do not conform to the side yard requirements of this ordinances
the Board may vary the side yard requirements., provided that no building may be built
nearer than three (3) feet to the side lot line and provided that the width of the
building allowable under the regulations of this ordinance may not be increased.
Section 18. COMMUNITY UNIT PLAN. The owner or owners of any tract of land
domprising an area of not less than five (5) acres may submit to the Board of City
Commissioners of the City of Salina, Kansas a plan for the use and development of all
of the tract of land for dwelling purposes. The development plan shall be referred
ning
to the City Plan/Commission for study and report and for public hearing. If the
CommissS_on a -,-proves the development plan, the plans together with the recommendation
of the Commission, shall then be submitted to the Board of City Commissioners for con-
sideration and approval. The recommendation of the Commission shall be accompanied by
a report stating the reasons for approval of the application and specific evidence and
facts showing that the proposed community unit plan meets the following conditions=
1. That property adjacent to the area included in the plan will not be
adversely affected.
2. That the plan is consistent with the intent and purposes of this
ordinance to promote public health.. safetys morals or general welfare.
3. That the buildings shall be used only for single-family dwellings, two-
-family dwellings or multiple dwellings and the usual accessory uses such
as garagess storage space and community activities., including churches.
4* That the average lot area per family contained in the site, exclusive of
the area occupied by streets., will be not less than the lot area per
family required in the district in which the de-Felopment is located.
If the Board of City Commissioners approves the plans building permits and
certificates of occupancy may be issued even though the use of land and the location
of the buildings to be erected in the area and the yards and open spaces contemplated
by the plan do not conform in all respects to the district regulations of the district
in which it is located.
Section 19. OFF STREET PARKING AND LOADING REGIUTIONSL
Parking for Dwellings. For all one and two-family dwellings, or any tourist
courts hereafter erected, converted, or structurally altered' provision shall be made
i
for parking of motor passenger vehicles for the use of occupants, either on the premises
or in a community garage in the same block. Such parking shall provide space for one
vehicle for each family unit.
Parkin for Apartments and Multiple Dwellings. For all apartments or multiple
dwellings hereafter erected, converted or structurally altered, provision shall be
made for the storage or parking of motor passenger vehicles for the use of occupants
either on the premises or within one thousand (1000) feet on land zoned for business
or industry, or on a site approved by the Board after public hearing. One parking space
shall be provided for each dwelling unit.
Parking for Hotels, Apartment Hotels, and Clubs. For all hotels, apartment
hotels, and clubs$ hereafter erected, converted or structurally altered, except in
District "E", provision shall be made for the parking of motor passenger vehicles for
the use of occupants. One (1) parking space shall be provided for each of the first
twenty (20) individual guest rooms or suites; one (1) additional parking space for
every four (4) guest rooms or suites in excess of twenty.
Parking for Hospitals and Institutions. For all hospitals and philanthropic or
eleemosynary institutions hereafter erected, converted, or structurally altered, except
in District "En, provision shall be made for the parking of motor passenger vehicles.
One (1) parking space shall be provided for each one thousand (1000) square feet of
floor space in said bui_dings.
Parking for Places of Assembly. For every structure or part thereof hereafter
erected, converted or structurally altered, to be used as a theatre, auditorium,
stadium, or other place of public assembly, except in District fait, there shall be
provided and maintained accessible off-street parking space for the storage of motor
ve-icles on the basis of one vehicle for each five seats of the total audience seating
capacity of the building, structure or part thereof. Such parking shall be located on
the same lot with such building, structure or part thereof, or within five hundred
(500) feet thereof. Churches shall be exempted from this provis-ion.
Parking for Business or Industrial Buildings. Any business building hereafter
erected, converted, or structurally altered in District fir)", shall provide accessible
off-street parking at the rate of one parking space for each two hundred (200) square
feet of floor area in the building. For all business or industrial buildings hereafter
erected, converted, or structurally altered in Districts IT" and "Grr, provision shall
be made for off-street parking. One (1) parking space shall be provided for each four
hundred (100) square feet of floor area in the building. Such parking space shall be
on the same lot with the main building, or within one thousand (1000) feet therefrom.
by the owners of twenty percent (20%) of the frontage proposed to be altered., or by the
owners of twenty percent (20%) of the frontage immediately in the rear thereof; or by
the owners of twenty percent (20%) of the frontage directly opposite the frontage
proposed to be altered, such amendment shall not be passed except by at least four-
fifths vote of the Board of City Commissioners.
No action on an amendments change., modification or repeal shall be taken until
after a public hearing in relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least thirty (30) days notice of the time
and place of such hearing shall be published in the official newspaper of the City of
Salina, Kansas.
Section 22, ENFORCEMENT. It shall be the duty of the Building Inspector, or
any deputy or inspector working under his directions to enforce the provisions of this
ordinance and to refuse to issue any permit for any building or structure or for the
use of any premises, which would violate any of theprovisions hereof cg'
and to cause
any building., structure., place or premises to be inspected and examineds and to order
in writing the remedying of any condition found to exist therein or thereat in viola-
Loading Space for Business and Industry. Any business or industrial buildings
hospitals institutions hotel hereafter erected., converted, or structurally altered.,
in any district., shall provide adequate off-street facilities for the loading and un-
loading of merchandise and goods within or adjacent to the bui'.dings in such a manner
as not to obstruct freedom of traffic movement on the public streets or alleys.
Section 20. INTERPRETATION AND PURPOSE. In interpreting and applying the pro-
visions of this ordinance., they shall be held to be the minimum requirements for the
promotion of the health, safetys morals or general welfare. It is not intended by
this ordinance to repeal, abrogate, annul or in any way to impair or interfere with
any existing provisions of law'or ordinance or any rules or reg,lations previously
adopted pursuant to law relating to the use of buildings or premises; nor is it in-
tended by this ordinance to interfere with or abrogate or annul any easements or
covenants between parties; provided., however., that where this ordinance imposes a
greater restriction upon the use of buildings or premises than are imposed by such
existing provisions of law or ordinance or by such rules or regulations or by such
easements., covenants., or agreementss the provisions of this ordinance shall control.
Section 21, AMENDM WS. The Board of City Commissioners may, from time to time,
on its own motion or on petition, after public notice and hearings thereon as provided
herein$ amend, supplement, changes modify or repeal the regulations and restrictions
as established herein and may change, restrict or extend the boundaries of the various
districts established herein. Before takint any action upon any proposed amendment.,
modification, change, restriction or extension, the same shall be referred by the Board
of City Commissioners to the City Planning Commission for report and recommendation.
In cases however, of a protest against such changes duly signed and acknowledged
by the owners of twenty percent (20%) of the frontage proposed to be altered., or by the
owners of twenty percent (20%) of the frontage immediately in the rear thereof; or by
the owners of twenty percent (20%) of the frontage directly opposite the frontage
proposed to be altered, such amendment shall not be passed except by at least four-
fifths vote of the Board of City Commissioners.
No action on an amendments change., modification or repeal shall be taken until
after a public hearing in relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least thirty (30) days notice of the time
and place of such hearing shall be published in the official newspaper of the City of
Salina, Kansas.
Section 22, ENFORCEMENT. It shall be the duty of the Building Inspector, or
any deputy or inspector working under his directions to enforce the provisions of this
ordinance and to refuse to issue any permit for any building or structure or for the
use of any premises, which would violate any of theprovisions hereof cg'
and to cause
any building., structure., place or premises to be inspected and examineds and to order
in writing the remedying of any condition found to exist therein or thereat in viola-
tion of any provision of this ordinance. In case any building or structure is, or
is proposed to be erected, constructed, reconstructed, altisred, repaired, converted
or maintained, or any building, structure or land is, or is proposed to be used in
violation of this ordinance, the Building Inspector or City Attorney is hereby
authorized and directed, in addition to other remedies, to institute any appropriate
action or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, or use, to restrain, correct or abate
such violation and to prevent the occupancy of said building, structure, or land, or
to prevent any illegal act, conduct or use in or about such premises.
Section 23. POWERS AND DUTIES OF THE BOARD OF ZONING APPIALS.
The Board shall adopt rules in accordance with the provisions of this ordinance. Meet -
Ings of the Board shall be held at the call of th4 chairman and at such other times as
the .0oard may determine. Such chairman or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. The Board shall keep minutes of its proceedings, show-
ing the vote of each member upon each question, or if absent or failing to vote, in-
dicating such fact, and shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the Board, and shall be a public
record.
Appeals to the Board may be taken by any person aggrieved or by any officer,
department, board, or bureau of the municipality affected by any decision of the
administrative officer. Such appeal shall be taken within a reasonable time, as pro-
vided by the rules of the Board, by filing with theofficer from whom the appeal is taken
and with the Board a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the Board after the
notice of appeal shall have been filed with him that by reason of facts stated in the
certificate a stay would in his opinion, cause imminent peril to life or property.
In such case proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a court of record on application or notice to the
officer from whom the appeal is taken and on due cause shown.
The Board shall fix a reasonable time for the hearing of the appeal, give public
notice thereof, as well as due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing any party may appear in person or by agent
or by attorney.
The Board shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this ordinance.
2. To hear and decide special exceptions to the terms of this ordinance upon
which such Board id required to pass under this ordinance.
3. To authorize upon appeal in specific cases such variance from the terms of
this ordinance as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of this ordinance will result in
unnecessary hardship, and so that the spirit of this ordinance shall be observed and
substantial justice done.
4. To grant a permit for a temporary building for commerce or industry in a
dwelling district which is incidental to the dwelling development, said permit to be
issued for a period of not more than one year, such building to be removed on expira-
tion of the permit.
5. To permit a transitional use between a business and dwelling district where
the side of a lot in District "All or "B" abuts upon a lot zoned for business or in-
dustrial. purposes as follows:
(a) On a lot in District "A" which sides upon a lot zoned dor business
i
or industrial purposes, the Board may permit a two-family dwelling.
(b) On a lot in District rBr+ which sides upon a lot zoned for business or
industrial purposes, the Board may permit a four-fa:r.,ily dwelling.
(c) Provided, how4ver, that in no case shall any transitional use have a width
of more than one hundred (100) feet.
6. To grant a permit for the extension of a use, height or area regulation into
an adjoining district, where the boundary line of the district divides a lot in a single
ownership at the time of the adoption of this ordinance.
7. 'Permit as an auxiliary use, a parking area for passenger automobiles only,
on a lot or lots in Districts "A", "B" or "Cit which adjoin a lot in a District I'D" to
rrGrr inclusive, for use by customers of neighboring business establishments, providing
such parking is developed as follows:
Such area shall have a permanent paving and shall be properly
enclosed with a fence, wall or other suitable enclosure, to be approved
by the Board, having a height of not less than three (3) feet. Such
fence, wall or enclosure shall be maintained in good condition and ob-
serve the required front yard regulations of the district in which it
is located. No parking shall be permitted within six (6) feet of an
adjoining lot in a District "A", "Bit or "CII. Any lights used to illuminate
said parking area shall be so arranged as to direct thelight away from any
adjoining premises in a District rrprr, "B" or "Cit.
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1
8, To determine in cases of uncertainty, the classification of any use not
specifically enumerated in this ordinance,
In exercising the above mentioned powers, such Board may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision, or determination
appealed from and may make such order, requirement, decision, or determination as
ought to be made, and to that end shall have all powers of the officer from whom
the appeal is taken.
The concurring vote of four members of the Board shall be necessary to reverse
any order, requirement, decision, or determination of any such administrative official,
or to decide in favor of the applicant on any matter upon which it is required to pass
under this ordinance, or to effect any variation m in this ordinance.
Any person or persons, jointly or severally aggrieved by any decision of the
Board, or any taxpayer, or any officer, department, board, or bureau of the municipality,
may present to a court of record a petition, duly verified, setting forth that such
decision is illegal, in wh&le or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within ten (10) days after the filing
of the decision in the office of the Board.
Section 24, PERMITS. No permits for the erection, alteration, removal, con-
structions reconstruction, conversion, use or maintenance of any building, or the use
of any premises shall be issued by the Building Inspector unless there shall first be
filed in his office by the applicant therefor, a plan in duplicate, drawn to scale,
correctly showing the location and actual dimensions of the lot to be occupied, the
dimensions and location on the lot of the building to be erected, altered, moved, con-
structed, reconstructed, converted, used or maintained, with measurements in feet and
inches from all lot lines to all foundation lines of the building, together with a true
statement, in writing, signed by the applicant, showing the use for which such building
or premises, is arrangeds intended or designed, and the location and dimensions of all
accessory buildings or structures, and no permit shall be issued by said Building
Inspector unless such plan shall show in all details that such building or structure
is to be erected, altered, moved, constructed, reconstructed, converted, used or main-
tained, and such premises are to be used in conformity with all the provisions of this
ordinance. A record of such applications and plans shall be kept in the office of the
Building Inspector. Failure of any applicant or of his agents, servants or employees
to erect, alter, move construct, reconstruct, convert, use or maintain any buildings,
structures or premises in conformance with such plans on which such permit is issued,
when such failure constitutes a violation of any provisions of this ordinance, shall
render such permit void, and the Building Inspector is hereby authorized and directed
to revoke any such permit by giving written notice to the applicant, or his agents,
servants or employees and all work upon such buildings, structures or premises shall be
immediately discontinued on the serving of such notice until such buildings, structures
or premises shall be changed so as to comply with such plans and permit.
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Section 25. CERTIFICATE OF OCCUPANCY. No vacant land shall be occupied or
used, except for agricultural uses, and no building hereafter erected or structurally
altered shall be occupied or used until a certificate of occupancy shall have been
issued by the Building Inspector.
Certificate of Occupancy shall state that the building or proposed use of a
building or land complies with all the building and health laws and ordinances, and
with the provisions of these regulations. A record of all certificates shall be kept
on file in the office of the Building Inspector, and copies shall be furnished on
request to any person having a proprietary or tenancy interest in the building affected.
No permit for excavation for any building shall be issued before application has
been made for certificate of occupancy.
Certificate of Occupancy for a Building: Certificate of Occupancy for a new
building or the alteration of an existing building shall be applied for in writing
coincident with the application for a building permit, and shall be issued within
ten (10) days after the erection or alteration of such building or part thereof shall
have been completed in conformity with the provisions of these regulations. Pending
the issuance of a regular certificate a temporary certificate of occupancy may be
issued by the Building Inspector for a period not exceeding six (6) months, during
the completion of alterations or during partial occupancy of a building pending its
completion. Such temporary certificate shall not be construed as in any way altering
the respective rights, duties or obligations of the owners or of the City relating to
the use or occupancy of the premises, or any other matter covered by this ordinance,
and such temporary certificate shall not be issued except under such restrictions and
provisions as will adequately insure the safety of the occupants.
Certificate of Occupancy for Lands Certificate of Occupancy for the use of vacant
land or the change in the character of the use of land as herein p rovided, shall be
applied for before any such land shall be occupied or used and a certificate of occupancy
shall be issued within ten (10) days after the application has been made, provided such
use is in conformity with the provisions of these regulations.
Certificate of Occupancy for a Non -Conforming Use: A certificate of Occupancy
stia11 be required for all non -conforming uses. Application for certificate of
occupancy for non -conforming uses shall be filed within twelve (12) months from the
effective date of this ordinance, accompanied by affidavits of proof that such n6b.
conforming use was not established in violation of this ordinance.
Section 26, SAVING CLAUSE: That all rights or remedies of the City of Salina,
Kansas, are expressly saved as to any and all violations of ordinances Number 3188,
4984, 5186, 36321 35760 Z% 3863, 4102, 43571 1606, 4671, 47501 11763, 4771 and 3834,
or of any prior zoning ordinances, or amendments thereto, of said City of Salina, Kansas,
that have accrued at the time of the effective date of this ordinance; and as to such
accrued violation, the court shall have all the powers that existed prior to the effec-
tive date of this ordinance; and that all existing violations of previous zoning ordin-
ances which would otherwise become non -conforming uses under this ordinance shall not
become non -conforming uses under this ordinance, but shall be considered as violations
of this ordinance in the same manner that they were violatiso'ns of prior zoning ordinances
of said city.
Section 27, PENALTIES. Any person, firm or corporation who violates, disobeys,
omits, neglects, or refuses to comply with, or who resists the enforcement of any of
the provisions of this ordinance, shall be guilty of a misdemeanor, and upon con-
viction be fined not less than Ten Dollars ($10.00) or more than Five Hundred Dollars
0500.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 28. INVALIDITY OF A PART. In case any section, clause, sentence or
paragraph or part of this ordinance shall for any reason be adjudged by any court
of competent jurisdiction to be invalid, such invalidity shall not affect, impair
or invalidate the remainder of this ordinance.
Section 29. REPEAL. That Ordinance No, 3188, and all amendments, supplements and
additions thereto, subject however, to the provisions of Section 26 of this ordinance,
be and they are hereby repealed.
Section 30. EFFECTIVE DATE. That this ordinance shall be in full force and
effect from and after its adoption and publication once in the official city paper.
(SEAL)
Attest:
City C �
_VW
1
Introduced, March 19, 1951
Adopted, April 2, 1951
CERTIFICATE
This proposed Zoning Ordinaice was duly recommended and duly approved by the
Planning and Zoning Commission of the City of Salina, as the appropriate means of
regulating the use of land and premises within the boundaries of the various districts
Commission
as established by that certain map this day by said Planning and Zoning/duly recommended
and approved, all on the 8th day of March, 1951.
Chairman of thehaid Planning
is s ion
Attest: '
Secretary
i`•Ia
r
This proposed Zoning Ordinaice was duly recommended and duly approved by the
Planning and Zoning Commission of the City of Salina, as the appropriate means of
regulating the use of land and premises within the boundaries of the various districts
Commission
as established by that certain map this day by said Planning and Zoning/duly recommended
and approved, all on the 8th day of March, 1951.
Chairman of thehaid Planning
is s ion
Attest: '
Secretary