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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