4984 Create AX Residence DistrictORDIr:ANCE NO. 4984
(Published in the Salina Journal Z o 'r r _ 1 O on 1940;
AN ORDINANCE amending Ordinance No. 3188 being- an ordinance dividing the City of
Salina, Kansas into zones or districts and for other purposes by creating a new
use zone or district to be known as the "AX" Residence District and defining the
limits thereof' and restricting and rea-ulating the use of r_roperty located in such
district.
BE IT ORDAI'N'ED by the Board of Commissioners of the City of Salina, Kansas:.
Sectic_n 1. That Ordinance No. 3198 of the City of Salina, Kansas be and the same
is hereby amended by adding thereto certain sections as hereinafter set: forth.
Section 2.. That for the purpose of remulating and restricting the location of trades
and ind!xstries and the location, erection, alteration and repair of buildings erected
or altered for specified uses, and the uses of land within the specified district re-
ferred to in this ordinance, there is hereby created in addition to the use districts
specified in Section 2 of Ordinance No. 3188, a use district to be known as the "AX't
Residence District.
Secti:n 3. That the territory to be included in the "AX" Residence District as
created by this ordinance shall be comprised of the territory now known and described
as Country Club Heights, an addition in the City of Salina, Kansas, except Lot 6, Block 1
in said addition, all as shown by the recorded plat of said addition.
Section 4. That in the "AX" Residence District as referred to and defined in this
ordinance no building or premises shall be used and no building shall be hereafter
erected or altered except for use as a one -family dwelling and accessory buildings in-
cidental to such use and located on the same lot.
Section 5. In the "AXtt Residence District as defined and provided for in this ordin-
ance all buildings hereafter erected shall observe the same set back lire from any street
which abutts upon or is adjacent to any lot on which such building is erected, as shall
have been observed by any building erected prior thereto facing u-pon such street in the
same block, and if there shallbe no other house facing on the same street in the same
block then the set back for any building so erected and the location of the same on
such lot, including any accessory buildings, shall be the same as that fixed and designated
by the recorded plat of said Country Club Heights Addition,
Section 6. That except to such extent as the sane may be specifically in conflict
with any of the provisions of this ordinance, the restrictions and. conditions set forth
in a certain agreement, dated Larch 13, 1926, and entered into between the Salina
Country Club Development Company and other persons and tivhich is recorded in the office
of the Re`,ister of Deeds of Saline County, Kansas, in Book "T" of Contracts, Page 514,
and each of such conditions and restrictions as set forth in paragraphs numbered 1 to
15 inclusive of said agreement, shall apply to and govern the use of the property located
in the said "AX" Residence District as herein defined and provided for, and said restric-
tions and conditions as set forth in said paragraphs or sections numbered 1 to 15 ir_-
clusive of said agreement are made a part of this ordinance by reference and included
herein to the same extent as if set forth at length in this ordinance.
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1
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Section 7. The provisions of Section 27 of Ordinance No. 3188 relating to
penalties for the violation of said ordinance shall apply to and govern any vio-
lation of the provisions of this ordinance or to the ne__lect or refusal to cou.ply
with the orovisiors hereof, or to the use of any premises in violation of the pro-
visions of this ordinance.
Section 8. To such extent as the same may 7L,e applicable all of the provisions
of Ordinance No. 3188 of the City of Salina are hereby made tc apply to the "AX"
Residence District as hereby created vd th the same effect as if the "AX" Residence
District had been specifically included as one of the districts created by erection
2 of said Ordinance No. 3138, and except to such extent that the provisions of said
Crdinance Tic. 3183 may specifically conflict %':ith the provisions of this ordinance.
Section 9. If any section, clause, sentence or provision of this ordinance
shall be adjudged or decreed by the final judgment of any court of competent
jurisdiction to be invalid, the sane shall not affect the validity of this ordinance
as a. whole or of any other section, clause, sentence or provision thereof, it being
the intention of the Board of Corrunissioners in passing this ordinance to adopt every
section_, clause, sentence or provision hereof independently of ever; other section,
clause sentence or provision of th'.s ordinance.
Section 10. This ordinance shall take effect and be in force and after its
publication in the official city paper.
Introduced, November 18, 1940
Passed, November 25, 1840
Ed Y-orgenstern
i'ayor
Attest:Chas. E. Barker
_
�y c e
STATE OF KANSAS )
) SS
COU i TY OF SAL1.,-E )
I, Chas. E. Banker, City Clerk of the City of ,Salina, Kansas, do hereby certify
teat the above and foregoinr is a true and correct copy of Ordinance pyo. 4984 passed
er.d a-Dproved by the Board of Comrni:-sieners of the City of Salina November 25, 1940;
and a record of the vote on its final adoption is found on page Journal No, 15.
City eric
(Published in the Salina Journal
ORDINANCE NO. 4984
1940)
AN ORDINANCE amending Ordinance No. 3188 being an ordinance dividing the City
of Salina, Kansas into zones or districts and for other purposes by creating
a new use zone or district to be known as the "AX" Residence District and
defining the limits thereof and restricting and regulating the use of
property located in such district.
BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas:
Section 1. That Ordinance No. 3188 of the City of Salina, Kansas, be
and the same is hereby amended by adding thereto certain sections as herein-
after set forth.
Section 2. That for the purpose of re&jlating and restrictin€; the
location of trades and industries and the location, erection, alteration
and repair of buildir-s erected or altered for specified uses, and the uses
of land within the specified distract referred to in this ordinance, there
is hereby created in addition to the use districts specified in Section 2
of Ordinance No. 3188, a use district to beknown as the "AX" Residence
District.
section 3. That the territory to be included in the "AX" Residence
District as created by this ordinance shall be comprised of the territory
now known and described as Country Club Heichts, an addition in the City of
Salina, Kansas, except Lot 6, Block 1 in said addition, all as shown by
the recorded plat of said addition.
Section 4. That in the "AX" Residence District as referred to and de-
fined -in this ordinance no bu".lding or premises shall be used and no build-
ing shall. be hereafter erected or altered except for use as a one -family
divellir.g and accessory b7�ildings incidental to such use and located on the
same lot.
Section 5. In the "AX" Residence District as defined and nrovided for
in this ordinance all buildings hereafter erected sht11 observe the same
set back line from any street which abutts ii?non or is adjacent to any lot
on if,,hich such building is erected, as shall have been observed by any build-
ing erected prior thereto facing upon such stree-t 41 the same block, and if
there shall be no other house facing on the same street in the sarie block
then the set back for any building so erected and the location of the same
on such lot, including any accessory buildings, shall be the same as that
fixed and designated by the recorded plat of said Country Club Heights
Addition.
Section 6. Tviat except to such extent as the same may be specifically
in conflict with any of the Drovisions of this ordinance, the restrictions
and conditions set forth in a certain aEreement, dAted March 13, 1926, and
entered into between the Salina Country Club Development Company and other
persons and which is recorded in the office of the Register of Deeds of
Saline County, Kansas, in Book "T" of Contracts, Page 514, and each of such
condi.ti,cns and restrictions as set forth in paragraphs numbered 1 to 15 in-
clusive of said agreement,shall app la to and `;overn the use of the property
located in the said "AX" Residence District as i.erein defined and provided
for, and said restrictions and conditions as set forth in said paragraphs
or sections numbered 1 to 15 inclusive of said agreement are made a part of
this ordinance by reference and included herein to the same extent as if set
forth at length in this ordinance.
Section 7. The provisions of Section 27 of Ordinance No. 3188 relating
to penalties for the violation of said ordinance shall apply to and `.overn
any violation of the provisions of this ordinance or to the neclect or refusal
to comply with the provisions hereof, or to the use of any premises in vio-
lation of the pro--isions of this ordinance.
Section 8. To such extent as the same may be applicable all of the
provisions of Ordinance No. 3188 of the City of Salina are hereby made to
apply to the "AX" Residence District as hereby created with the same effect
as if the "AX" Residence District had been specifically included as cne of the
districts created by Section 2 of said Ordinance No. 3188, and except to
such extent that the provisions of said Ordinance No. 3188 may specifically
conflict with the provisions of this ordinance.
Section 9. If any section, clause, sentence or provision of this ordinance
shall be adjudged or decreed by the final judgment of any court of competent
jurisdiction to be invalid, the same shall not affect the validity of this
ordinance as a whole or of any other section, clause, sentence or provision
thereof, it being the intention of the Board cf Comriissioners in passing
this ordinance to adopt every section, clause, sentence or pro74sion
hereof independPiitly of every other section,., clause, sentence or provision
of this ordinance.
Section 10. This ordinance shall take effect and. be in force frcrn and
after its -.-�blication in the official city paper.
Introduced,
Passed, % c;
r
1012
Attest: kayo r
Cit,,r C er