4357 Zone Fruitland, Phillips, Surveyor's Plat, and Hansen Court147
ORDIIIANCE N0, 4357
Published in the Salina Journal
1934
AN ORDINANCE amending Ordinance No. 3188 relating to zones and dis-
tricts in the City of Salina.
WHEREAS, certain amendments in the zoning ordinance of the City of
Salina, being Ordinance No. 3188 have been recommended by the City
Planning Commission of the City of Salina and due notice of such
proposed amendments and changes has been published and hearings
held thereon as required by law and such proposed amendments have
been approved by the Board of Commissioners of said City, TIM THEREFORE,
B IT GRDAINE'D by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. That the Ordinance No. 3188 of the City of Salina,
Kansas, be amended and changed in the following respects, to -wit:
By removing from the "A" Residence Use District as defined
and governed by Section 3 and 8 of said ordinance and .-lacing within
the "C" Commercial Use District as defined in said ordinance and
subject to the regulations provided for in Section 10 thereof the
following described tracts and parcels of land to -wit:
Lot 15, Block 2 in Fruitland Addition;
Lot 7, Block 5 in Phillips Fast Salina Addition;
Lots 2, 31 42 5, 61 7, 8, 12 and 13 and the west 1501
of Lot 1 in Surveyors Plat No. 8;
Lots 2, 3, 4, 5, 6, 7, 8.and 9 in Block 2 in Hansen
Court, an addition to the City of Salina;
PROVIDED, however, that the use and occupancy of such tracts and
parcel of land as placed in the "C" Commercial Use District shall
be subject to the further additional restrictions to -wit: That in
the construction, reconstruction or remodeling of any building with-
in such territory a minimum set -back of twenty -feet from the street
line shall be observed on all that part of the above described
territory lyin east of Delaware Street, and on that part lying
west of Delaware Street, the same set -back shall be observed in any
case as now required for residence properties in the remaining portions
of the blocks in which such territory is located, and as would be
required in such territory if the same were left in the residence
zone; and provided further that any building or structure of any
kind constructed, reconstructed or remodeled within any such territory
shall be of what is commonly known a residence type of architecture,
and no permit shall be issued by the Building .Inspector of the City
of Salina for the construction, reconstruction or remodeling of any
building within such territory and no building shall be constructed,
reconstructed or remodeled within such territory unless and until
pians therefor are submitted to the Board of Commissioners of the
City of Salina and approved by such Board.
148
Section 2. That Ordinance No. 3188 of the City of Sal'na,
i
Kansas, be amended and changed in the following respects, tewit:
By removing from the "A" Residence Use District as defined
and governed by Sections 3 and 8 of said ordinance and placing
within the "C' Commercial Use District as defined in said ordinance
and subject to the re m?lations provided for in Section 10 thereof
i
the followin- described tracts and parcels of land to -wit:
Lots 1, 2, 31 4, on Ninth Street in Block 1, and Lots 1, 2,
31 and 4 on Ninth Street in Block 2 in Evergreen Park
Addition;
Lots 74, 760 780 80, 820 840 860 88, 900 92, 94, 96 and
98 on Ninth. Street in the Grounds of the Kansas Wesleyan
University;
PROVIDED, however, that no buildings shall be erected within such
territory for use as tourist cabins or what is known as tourist
camps or cabin camps and the lots within such territory or any
i
buildings thereon shall at no time be used for any such purpose;
and subject to the further additional restrictions, to -wit: ahat
in the construction, reconstruction or remodeling of any building
within such territory, minimum set backs shall be observed as follows:
28 feet from the street line on each side of Ninth Street and 20
feet from the respective street lines on Claflin Avenue, Cloud
utreet and 'Noodlawn Avenue, and provided further that any b}iilding
or structure of any kind constructed, reconstructed or remodeled
within any such territory shall be of what is commonly known as
residence type of architecture and no permit shall be issued by the
Buildizng -Inspector of the City of Salina for the construction, re-
construction or remodeling of any building within such territory
and no building shall be constructed, reconstructed or remodeled
i
within such territory, unless and until plans therefore are sub-
m'tted to the .Board of Cormnissioners of the City of Salina and
approved by such Board.
Section 3. If any clause, provision or part of any section
of this ordinance or any restriction contained in any such section
shall be determined by the final judgment or any court of competent
jurisdiction to be invalid or ineffective for any reason, then in
such event, the whole of any such section shall be deemed to be
wholly invalid and ineffective, it being the intention of the Board
of Commissioners to pass each sectior_ of this ordinance as a whole,
and in any such event the territory described in any such section
shall be considered to be within the Use zone in which it was
located prior to the taking effect of such amending ordinance.
149
Section 4. This ordinance shall take effect and be force
after its publication once in the official city paper.
Attest:
Introduced, January 15th, 1934
Passed, January 22nd, 1934
Chas. E. Banker
M. A. Stevenson_
Mayor
U`1'A''E OP KANUA" )
J J
COUNTY OF L'ALINE )
I, Chas. E. Banker, City Clerk of the City of Sal:i_na., Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 4357 passed and approved by the Board of Com-
missioners of the City of Salina January 22, 1934; and a record of
the vote on its final adoption is found on page 4 Journal No. 13
yLJ t L
idly Clerk -
( Published in the Salina Journal 1934 )
ORDINANCE NO, 4357
AN ORDINANCE amending Ordinance No. 3188 relating to zones and
districts in the City of Salina.
WHEREAS, certain amendments in the zoning ordinance of the
City of Salina, being Ordinance No. 3188 have been recommended
by the City Planning Commission of the City of Salina and due
notice of such proposed amendments and changes has been published
and hearings held thereon as required by law and such proposed
amendments have been approved by the Board of Commissioners of
said City, NOW THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the City of
Salina, Kansas:
Section le That the Ordinance No, 3188 of the City of
Salina, Kansas, be amended and changed to the following respects,
to -wit:
By removing from the "A" Residence Use District as defined
and governed by Section 3 and 8 of said ordinance and placing
within the "C" Commercial Use District as defined in said ordinance
and subject to the regulations provided for in Section 10 thereof
the following described tracts and parcels of land to -wit:
Lot 15, Block 2 in Fruitland Addition;
Lot 7, Block 5 in Phillips East Salina Addition;
Lots 2, 3, 4,;5: 6, 7, 8, 12 and 13 and the west 150t
of Lot 1 in Surveyors Plat No, 8;
Lots 2, 3, 40 5, 6, 7, 8 and 9 in Block 2 in Hansen
Court, an addition to the City of Salina;
PROVIDF,D, however, that the use and occupancy of such tracts and
parcel of land as placed in the "C" Commercial Use District shall
be subject to the further additional restrictions to -wit: That in
the construction,a8 reconstruction or remodeling of any building
within such territory a minimum set -back of twenty -feet from the
street line shall be observed on all that part of the above des-
cribed. territory lying east of Delaware Street, and on that part
lying west of Delaware Street, the same set -back shall be observed
in any case as now required for residence properties in the remain-
ing portions of the blocks in which such territory is located, and
and as would be required in such territory if the same were left
in tae residence zone; and provided further that any building or
structure of any kind constructed, reconstructed or remodeled within
any such territory shall be of what is commonly known a residence
type of architecture, and no permit shall be issued by the Building
Inspector of the City of Salina for the construction, reconstruction
or remodeling of any building within such territory and no building
shall be constructed, reconstructed or remodeled within such territory
unless and until plans therefor are submitted to the Board. of Com-
missioners of the City of Salina and approved by such Board.
Section 2. That the Ordinance No. 3188 of the City of Salina,
Kansas, be amended and changed in the following respects, towit:
By removing from the "A" Residence Use District as defined
and governed by Sectior0 3 and 8 of said ordinance and placing
within the "C" Commercial Use District as defined in said ordinance
and subject to the regulations provided for in Section 10 thereof
the following described tracts and parcels of land to-wit:
Lots 1, 2, 30 4, on Ninth Street in Block 1, and Lot 1,
4 on Ninth Street in Block 2 in Evergreen Park Addition;
Lots 74, 76, 782 80, 82, 84, 860 880 900 92, 94, 96 and
98 on Ninth Street in the Grounds of the Kansas Wesleyan
University;
PROVIDED, however, that no buildings shall be erected within
such territory for use as tourist cabins or what is known as
tourist camps or cabin camps and the lots within such territory
or any buildings thereon shall at no time be used for any such
purpose; and subject to the further additional restrictions,
to-wit: That in the construction, reconstruction or remodeling
of any building within such territory, minimum set backs shall
be observed as follows: 28 feet from the street line on each side
of Ninth Street and 20 feet from the respective street lines on
Claflin Avenue, Cloud Street and Woodlawn Avenue, and provided
further that any building or structure of any kind constructed,
reconstructed or remodeled within any such territory shall be of
what is commonly known as residence type of architecture and no
permit shall be issued by the Building Inspector of the City of
Salina for the construction, reconstruction or remodeling of any
building within such territory and no building shall be constructed,
reconstructed or remodeled within such territory, unless and until
plans therefore are submitted to the Board of Commissioners of the
City of Salina and approved by such Board.
Section 3. If any clause, provision or part of any section
of tbll ordinance or any restriction contained in any such section
shall be determined by the final judgment of any court of competent
jurisdiction to be invalid or ineffective for any reason, then in
such. event, the whole of any such section shall be deemed to be
wholly invalid and ineffective, it being the intention of the Board
of Commissioners to pass each section of this ordinance as a whole,
and in any such event the territory described in any such section
shall be considered to be within the Use zone in which it was
located prior to the taking effect of such amending ordinance.
Section 4. This ordinance shall take effect and be force
after it publication once in the official city paper.
Attest:
Introduced, January 15th, 1954
Passed, January 22nd, 1934