4559ORDINANCE NO. 4559
_ _(Published Axl Salina Journal---.------.___—___�`•uust
Ary ORDIIANCE amending Ordinance No. 3188 adopted November 23, 1925,
as amended, being an ordinance dividing the City of ualina into
zones or districts and regulating and restricting the location
of trades, industries, etc., and the uses of land within each
of such districts or zones, etc.
WHEREAS, pursuant to petitions duly filed with the Board of Commissioners
and referred to the City Planning Commission, the said City Planning
Commission has recommended to the Board of Commissioners of the City
of Salina certain changes in and amendments to Ordinance No. 3188 as
amended and pursuant to such recommendations public notice has been
given for 30 days in the Salina Journal, the official city paper, of
such proposed changes and that a public hearing thereon would be held
by the Board of Commissioners of said city at 5:00 o'clock P. N, on
July 1st, 1935 and at the meeting so held pursuant to such notice all
objections and such changes which were filed or presented were duly
considered by the Board of Commissioners, NOW THEREFOR
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the following described land in the City of
Salina now situated within the "B" Residence District as defined by
Ordinance No. 3188 and said ordinance as amended shall be and the
same is hereby removed from said "R" Residence District and included
in, added to, and made a part of the "C" Commercial District as de-
fined in said Ordinance No. 3188 to -wit: Lots 51, 52 and 53 on Front
Street according to the plat of Original Town of Salina, subject how-
ever to the following provisions and restrictions to -wit: No gasoline
filling station shall be erected or constructed on or moved onto or operated
upon said lots and said lots shall not be used for any business or con-
mercial purpose except ordinary retail business, and no business build-
ing shall be erected or constructed on or moved onto said lots and no
business shall be conducted on the said lots unless and until the plans
for any such building, the location of the same on said lots, and the
nature of any business to be conducted on said lots and the purpose for
which any building thereon is to bd used, shall be first submitted to
and approved by the Board of Commissioners of said city, and any such
building and the use thereof and of said premises shnll at all times
be in accordance with the plans and use so approved by the Board of
Commissioners, and no part of said premises outside of any building
thereon shall be used for storing or keeping any boxes, debris, or any
offensive matter except in accordance with regulations as may be pro-
vided for by the city, and unless protected from view in such manner
as may be approved by the Board of Commissioners.
Section 2. That Lots 17 and 19 in Block 46, and Lots 1 and
3 in Block 63, Military Addition in the City of Salina, be removed
from the "A" Residence District as defined in said Ordinance No. 3188
as amended, and included in, added to, and made a part of the "C"
Commercial District as defined by Ordinance No. 3168 as amended,
provided that the plans for any business building at any time erected
99
on or moved onto said lots, the location thereof on said lots, and
the proposed use thereof, shall be first submitted to and approved
by the Board of Commissioners of the City of Salina before any such
building shall be erected or constructed on or moved onto any of
said lots, and before the same shall be used for any business purpose.
Section 3. That Lot 1 in Block 4, Southern Heights Addition
in the City of Salina, be removed from the "A" Residence District
i
as defined in said Ordinance No. 3188 as amended, and included in,
added to, and made a part of the "D" Light Industrial District as
defined in said Ordinance No. 3188 as amended, provided that the
plans for any business building be erected on or moved onto said
lots, the location thereof on said lots and the proposed use of
such premises shall be first submitted to and approved by the Board
of Commissioners of the City of Salina before any such building shall
be erected or constructed on or moved onto any of said lots, and
before the same shall be used for any business purpose.
Section 4. That Lots 11 20 32 4, 5, 6, 70 8, in Block 6 and
Lots 1, 2, 32 4 in Block 5, in Beebe's Addition to the City of
Salina, be removed from the "A" Residence District as defined in
said Ordinance No. 3188 as amended and included in, added to,
and made a part of the "B" Residence District as defined in said
Ordinance No. 3188 as amended.
Section 5. That if any part, clause or sentence of any of
the preceding sections of this ordinance or any restriction or
provision in any such section shall be held to be invalid for any
purpose, then the entire section in w hich any such part, clause,
or sentence is contained shall be deemed to be invalid and of no
i
effect, it being the intention of the Board of Commissioners in
passing this ordinance and each section thereof that each such
section shall be considered as a whole and that no part thereof
be severable from any other parts or portions thereof, and in
case that any part of any such section shall be held invalid the
lands described therein shall be considered as having at all times
been in the zone in which they were located at the time this ordinance
was adopted, but the holding of any one section of this ordinance
to be invalid shall not affect any other section hereof, it being
Intended by the Board of Commissioners that each separate section
hereof be severable from the other sections, and that each of the
preceding sections would have been passed independent of each of the
other preceding sections.
Section 6. Any person who shall violate or cause to be violated
100
any provisions of this ordinance or erect or use or cause to be erected
or used any building or premises in violation of any of the provisions
of this ordinance shall in addition to any other penalty or remedy
provided by Ordinance No. 3188 or any other ordinance of said city,
be deemed guilty of a misdemeanor and be punished by fine of not less
than $10.00 nor more than $100 for each offense and each days con-
tinued violation of any such provision shall be deemed a separate orfense.
Section 7. This ordinance shall taKe effect and be in force after
its publication in the official city paper.
Attests
Chas. E. Banker
City Clerk
STATE OF KANSAS )
COUNTY OF 'ALINE )
Introduced, July 150 1935
Passed, July 22, 1935
R. J. Pafford
I,ayor
I. Chas, E. Banker, City Clerk of the City of Salina, Kansas, do
hereby certify that the above and foregoing is a true and correct copy
of Ordinance No. 4559 passed and approved by the Board of Commissioners
of the City of ::alina July 22.,-1935; and a record of the vote on its
final adoption is found on page �Z4 % Journal No. 13.
A
(Published in Salina Journal August 1.0,
ORDINANCE NO. 4559
1935)
AN ORDINANCE amending Ordinance No. 3188 adopted November 23, 1925,
as amended, being an ordinance dividing the City of Salina into
zones or districts and regulating and restricting the location
of trades, industries, etc., and the uses of land within each
of such districts or zones, etc.
WHEREAS, pursuant to petitions duly riled with the Board of Com-
missioners and referred to the City Planning Commission, the said
City Planning Commission has recommended to the Board of Commissioners
of the City of Salina certain changes in and amendments to Ordinance
No. 3188 as amended and pursuant to such recommendations public
notice has been given for 30 days in the Salina Journal, the official
city paper, of such proposed changes and that a public hearing there-
on would be held by the Board of Commissioners of said city at 5:00
o'clock P. M. on July 1st, 1935 and at the meeting so held pursuant
to such notice ull objections and such changes which were filed or
presented wXere duly considered by the Board of Commissioners,
N0W THEREFORE
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the following described land in the City of
Salina now situated within the "B" Residence District as defined
by Ordinance No. 3188 and said ordinance as amended shall be and
the same is hereby removed from said "B" Residence District and
included in, added to, and made a part of the "C" Commercial Dis-
trict as defined in said Ordinance No. 3188 to -wit: Lots 51, 52
and 53 on Front Street according to the plat of Original Town
of Salina, subject however to the following provisio4s and restrictions
to -wit: No gasoline filling station shall be erected or constructed
on or moved onto or operated upon said lots and said lots shall not
be used for any business or commercial purpose except ordinary re-
tail business, and no business building shall be erected or con-
structed on or moved onto said lots and no business shall be con-
ducted on the said lots unless and until the plans for any such
building, the location of the same on said lots, and the nature
of any business to be conducted on said lots and the purpose for
which any building thereon is to be used, shall be. first submitted
to and approved by the Board of Commissioners of said city, and any
such building and the use thereof and of said premises shall at all
times be in accordance with the plans and use so approved by the
Board of Commissioners, and no part of said premises outside of
A any building thereon shall be used for storing or keeping any boxes,
debris, or any offensive matter except in accordance with regulations
as may be provided for by the City, and unless protected from view
in such manner as may be approved by the Board of Commissioners.
Section 2. That Lots 17 and 19 in Block 46, and Lots 1 and
3 in Block 63, Military Addition in the City of Salina, be removed
from the "A" Residence District as defined in said Ordinance No.
3188 as amended, and included in, added to, and made a part of the
"C" Commercial District as defined by Ordinance No. 3188 as amended,
provided that the plans for any business building at any time erected
on or moved onto said lots, the location thereof on said lots, and
the proposed use thereof, shall be first submitted to and approved
by the Board of Commissioners of the City of Salina before any such
building shall be erected or constructed on or moved onto any of
said lots, and before the same shall be used for any business purpose.
Section 3. That Lot 1 in Block 4, Southern Heights Addition
in the City of Salina, be removed from the "A" Residence District
as defined in said Ordinance No. 3188 as amended, and included in,
added to, and made a part of the "D" Light Industrial District as
defined in said Ordinance No. 3188 as amended, provided that the
plans for any business building be erected on or moved onto said
lots, the location thereof on said lots and the proposed use of
:-uch premises shall be first submitted to and approved by the Board
of Commissioners of the City of Salina before any such building
shall be erected or constructed on or moved onto any of said lots,
and before the same shall be used for any business purpose.
Section 4, That Lots 1, 20 3, 40 51 6, 72 8, in Block 6
and Lots 1, 2, 3, 4 in Block 5, in Beebe's Addition to the City
of Salina, be removed from the "e Residence District as defined
in said Ordinance No. 3188 as amended and included in, added to,
and made a part of the "B" Residence District as defined in said
Ordinance No. 3188 as amended,
Stiction 5. That if any part, clause or sentence of any of
the preceding sections of this ordinance or any restriction or
provision in any such section shall be held to be invalid for any
purpose, then the entire section in which any such part, clause,
or sentence is contained shall be deemed to be invalid and of no
effect, it being the intention of the Board of Commissioners in
passing this ordinance and each section thereof that each such
section shall be considered as a whole and that no part thereof
be severable from any ot)aer parts or portions thereof, and in
case that any part of any such section shall be held invalid the
lands described therein shall be considered as having at all times
been in the zone in which they were located at the time this ordinance
7
was adopted, but the holding of any one section of this ordinance
to be invalid shall not affect any other section hereof, it being
intended by the Board of Commissioners that each separate section
hereof be severable from the other sections, and that each of the
preceding sections would have been passed independent of each of the
other preceding sections.
Section 6. Any person who shall violate or cause to be
violated any provisions of this ordinance or erect or use or
cause to be erected or used any building or premises in violation
of any of the provisions of this ordinance shall in addition to
any other penalty or remedy provided by Ordinance No. 3188 or any
other ordinance of said city, be deemed guilty of a misdemeanor
and be punished by fine of not less than $10.00 nor more than 0100
for each offense and each days continued violation of any such
provision shall be deemed a separate offense.
Section 7. This ordinance shall take effect and be in force
after its publication in the official city paper*
Introduced, July 15, 1935
Passed, July 22, 1935
Attest: a
—"�" Z'ity C e r