3188 Defining Zoning DistrictsNANCE_NO.._3188..
An Ordinance dividing the City of Salina, Kansas, into Zones or Districts
and regulating and restricting the location of trades and industries,
and the location, erection,.alteration and repair of buildings designed
for specified uses; and the uses of land within each of such Districts
or Zones, and establishing regulations relating thereto, prescribing
a penalty for the violation of its terms and repealing all ordinances
inconsistent with its terms.
WHEREAS, pursuant to Ordinance Number 3174 heretofore adopted by
the Board of Commissioners of.the City of Salina, Kansas, the City Planning
Commission of said City did on October 26th, 1925 submit to said Board of
Commissioners a tentative report as r:quired by law, making the recommendat-
ions of said City Planning Commission as to the boundaries of Districts or
Zones to be established in the City of Salina in which the location of trades
and industries and the location, erection, alteration and repair of build-
ings designed for specified uses, aWl the use of land within each such
District of Zone are to be regulated and restricted, and
WHEREAS, after the submission of said tentative report said City
Planning Commission did, as required by said Ordinance No. 3174, hold
publie hearings thereon at the time and place required by said Ordinance,
having previously given three days public notice thbreof by notice ppb-
lished in the Salina Journal, all as shown by the final report of said
City Planning Commission submitted to said Board of Commissioners on the
2nd day of November 1925, including the affidavit of the publisher showing
publication of said notice, as attached to said final report, NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS:
Section 1, DEFINITIONS. That for the purpose of this Ordinance,
certain terms and words are hereby defined, as follows:
Words used in the present tense'include the future; words in
the singular number include the plural; words in the plural include the
singular number;.the word "building" includes the word "struegure"; the
word "shall" is mandatory and not directory. Any words not specifically
defined herein shall be construed and defined in the building code.
ACCESSORYYBUILDING: A subordinate building or portion of main
building located in and occupying not more than thirty (30) per cent of the
rear yard of the main building, its use being incidental to that of the main
building, and not exceeding twelve'(12) feet in height.
ALLEY: A public thoroughfare not over twenty (20) feet wide.
APARTMENT: A household unit in a tenement or apartment house,
designed, used or suitable for the occupancy for one or more persons.
APARTMENT HOUSE: A building or portion thereof designed, used
or intended to be used as a residence for three (3).or more families living
in a separate apartment.
APARTMENT HOTEL: An itpartment hotel ks an apartment house in
which are provided dining room accomodations for the joint use of the apart-
ment house tenants only.
BASEMENT: A story partly underground, which, if not occupied
for living purposes by other than the janitcr or his family, shall not be
included as a story.
BOARDING HOUSE: A boarding house is a building or place
wherein table board is provided to five (5) or more individuals pursuant to
previous arrangement and not to anyone who may apply.
BUILDING: A structure having a roof supported by columns or
walls for the shelter, support or enclosure of persons, animals, or
chattels; and when separated by division walls from the ground up, aryl
without opening, each portion of such building shall be deemed a sep-
arate building except as provided in Section'15, "Area Exceptions".
CELLAR: See Basement.
COMMUNITY GARAGE: A series of private garages of capacity of
not more than one automobile each, located jointly on a common lot and
having no public -shop or service in connection therewith, with total
Rapacity for not more than five (5) dutomobiles. Community garages may
exceed a five (5).automobile capacity provided the lot whereon such
community garages are located.shall contain one thousand (1000) square
feet for each automobile stored.
CURB LEVEL: The curb level is the level of the established
curb in front of the buildingmeasured at the center of such front.
Where no curb has been established the city engineer shall establish
such curb level or its equivalent for the purpose of these regulations.
DEPTH OF REAR YARD: The mean horizontal distance between the
rear line o)f the building and the center line of the alley, where an
alley exists, otherwise the rear lot line.
DEPTH OF LOT: The mean horizontal distance between the front dit
rear lot lines.
DISTRICT: A section of the City of Salina for which the
regulations governing the area of the use of building are the same.
GROUP HOUSE: A group of not more than four (4) attached
dwellings erected simultaneously and each dwelling having accomodat-
ions for one (11 family only.
HOTEL: A hotel is a building in which lodging is provided
with or without meals, and open to transient guests in contradistinct-
ion to boarding or lodging houses which are herein specifically de-
fined.
LODGING HOUSE: A lodging house is a building or place
providing lodgings to individuals pursuant to previous arbangement
and.not to any one who may apply.
LOT: Land occupied or to be occupied by a building and
accessory buildings and including such open spaces as are required
under this ordinance, and having its principal frontage upon a public
street or officially approved place.
LOT CORNER: )
LOT TRIANGULAR:) A lot fronting on two (2) or more streets at their
junction, said streets forming with each other an angle of forty-five (45)
degrees or more, is a corner lot, When the angle formed by the intersecting
streets is less than forty-five (45) degrees, such a lot shall be known as,
a triangular lot. For the purpose of determining the percentage of lot
occupancy,_oorner and triangular lots shall be assumed to have an area
of not greater than five thousand (5000) square feet and a frontage not
greater than one hundred (100) feet on either of the intersecting streets.
LOT INTERIOR: A lot other than a corner lot or triangular lot.
SOT THROUGH: An interior lot having frontage on two streets.
LOT LINES: The lines bounding a'lot as defined herein.
NON -CONFORMING USE: A building or premises occupied by a use that
does not conform with the regulations of the use District in which it is
situated.
ONE FAMILY DWELLING:
and occuoied by one family.
A detached building having accomodations for
PLACE: An open unoccupied space dedicated to purposes of access for
abbutting property.
PRIVATE GARAGES: A garage with a capacity for not more than four (4)
steam or motor -driven vehicles, of which not more than one (1) may be a
commercial motor vehicle of not more than two (2) tons capacity.
PUBLIC GARAGE: Any premises used for housing or care of more than
four (4) steam or motor -driven vehicles, or where any such vehicles are
equipped for operation, repaired, or kept for remuneration, hire or sale;
rot including exhibition or show rooms for model cars.
not
PRIVATE STABLE: A stable with a capacity for/more than four (4)
horses.
PUBLIC STABLE: A stable with a capacity for more than four (4) horse:
REAR YARDS: An open unoccupied space (exclusive of accessory build-
ings) on the same lot with the building, between the rear line of the build-
ing and the rear line of the lot, for the full width of -the lot.
ROW HOUSES: A row of attached dwellings erected simultaneously and
daeh dwelling having accompdations for one (1) family only.
SET BACK: The minimum horizontal distance between the front line
of the building (excluding steps and open porches) and the front line to
the rear yard.
STREET: A public thoroughfare more than twenty (20) feet wide.
STRUCTURAL ALTERATIONS: Any change in the supporting members of
a building, such as bearing walls or excepting such alterations as may be
partitions, columns, beams or girders, required for the safety of the building.
TENEMENT HOUSES: See Apartment House.
TERRACE: A natural or artificial earthen embankment between a bui:
ing and its street front. The "height of terrace" shall be the differ-
ence in elevation between the average curb level and the average eleva-
tion of the terrace at the building wall.
TWO-FAMILY DWELLING: A building used or intended to be used as
a dwelling by not more than two families.
Section 2'. USE DISTRICTS. That for the purpose of regulating
and restricting the location of trades and industries and the location,
erection, alteration and repair of buildings erected or altered for
specified uses, and the uses of land within such specified districts,
the City of Salita is hereby divided into "USE DISTRICTS", of which
there shall be five (5) known as
"A" Residence District.
"B" Residence District.
"C" Commercial District.
"D" Light Industrial District.
"E" Heavy Industrial District.
The City of Salina is hereby divided into five (5) Districts
as aforesaid, and the boundaries of such districts are as set out
in the five (5) succeeding Sections of this Ordinance. It shall be
the euty of the City Plannigg Commission to cause to be prepared
and filed with this ordinance a map showing such use Districts as
herein created, to be designated as the "Use District Map" and to
make such changes thereon from time to time as may be required by any
amendments to this ordinance. Except as herein provided no building
shall be erected or altered, nor shall any building or premises be
used for any purpose other than is permitted in the Use District in
which such building or premises is located.
86etion 3. "A" RESIDENCE DISTRICT BOUNDARIES. "A" residence
District Boundaries shall be all of that part of the City'of Salina not
included in the "B" Residence District; "C" Commercial District; "D"
Light Industrial District and "E" Heavy Industrial District, as defined
in the four succeeding sections hereof.
Section 4. "B" RESIDENCE DISTRICT BOUNDARIES. The boundaries
of "B" Residence District shall be as follows: Commencing at the inter-
section of Walnut Stre �e� Zmoky Hill River; thence West to the
alley which runs nortkl an�uth ird and Fourt Streets; thence
South to Mulberry Street; thence v3ejgt� alley which runs north
and south between Santa Fe Aveue and F'ifteet; thence south along
said alley to South Street; thence west to Seven�et, thence
North to Walnut Street; thence west to Eighth Street; thence North to Elm
Street; thence est to Ninth Street; thence North to the intersection of
said street with the south line of Lot 16 on Ninth Street.in Bishop's
Addition; thence west along the South line of said Lot andof Lot 57 arid.
58 on Tenth Street in said Addition and Lot 10 on Eleventh Street in
Weaver's Addition to the alley which runs North and South between Eleventh
and Twelfth Streets in said Addition; thence South along said alley to the
south line of Lot 4 on Twelfth Street in said Addition; thence west along
the south line of Lot 4 on Twelfth Street to the Southeast corner of said
Lot;thence west to the intersection of the West line of Twelfth Street
with the center line of the alley which runs east and west along the
North line of Weaver's Addition; thence west along said alley to College
Avenue; thence south to Park Street; thence east to Eleventh Street; thence
South to State Street; thence "est to Twelfth Street, (South of State
Street); thence ,Routh to Iron Avenue; thence west to the center line of
Twelfth Street (South of Iron Avenue) (formerly Faulkner Avenue); thence
South to Walnut Street; thence East to the alley which runs north and
south between Eleventh and Twelfth.Streets (South of Walnut Street);
thence South to South Street; thence West to the alley which runs north
and south between Eleventh and Twelfth Streets (South of South Street);
thence South to Morrison Avenue;thence wast to the east, line of, Ninth
Street; thence South to the southwest corner of Lot 2, Block 6, Beebe's
tion; thence east along the south line of said lot to the west line
of Eighth Street; thence easterly to the northwest corner of Lot 2, Block
5, Beebe's Addition; thence east along the south line of Weil Place to
the northwest corner of Lot 1, Block 5, Beebe's Addition; thence south
-� to the south line of Lot 1, Burk's Addition; thence east along the south
line of said lot and along the south line of Lot 5, in Block 1 of the Re-Pla
of Beebe's Second Addition to a point One Hundred Twenty Five (125) feet eas
of the East line of Santa Us Avenue; thence south parallel with.the east
line of Santa Fe Avenue to a point in the east line of Prescott Street, east
$o the intersection of said line with the easterly line, thence produced,
of Lot 7, Plat "C"; thence north along the easterly line of said Ld-t and
of Lots 12216 and 15 of Smith and Colvard's Addition to the Smok;, Hill
River; thence down the River to the point of beginning. Also.commencing
at the point of intersection of Front Street (south of Iron Avenue) near
its intersection with Walnut Street with the Smoky Hill River; thence
down said River to Fron Street (North of Iron Avenue) near its intersection
with Ash Street; thence south to place of beginning. Also commencing at
the point of intersection of Eighth Street and Decatur Street; thence north
along Eighth Street to Harsh Avenue; thence east to Fourth Street; thence
south to Pacific Avenuep thence east to Front Street; thence snitthtto
Woodland Avenue; thence west to Fifth Street; thence north to Pacific
Avenue; thencd west to Seventh Street; thence south to Decatur Street;
thence north to point of beginning. Also all of Block 11, Riverside
Park Addition.
Section 5. "C" COMMERCIAL DISTRICT BOUNDARIES. That the bound-
aries of the "C" Commercial District shall be as follows: Commencing
at the intersection of Eighth and Ash Streets; thence east to the alley
which runs north and southbetween Santa Fe Avenue and Fifth Street.;
thence south along said alley to South Street; thence west to Seventh
Street; thence north to Walnut Street; thence west to Eighth Street;
thence north to place of beginning. .Also commencing at the intersect-
ion of Bishop and Ninth Streets; thence south to the south line of
Lot 16 on Ninth Street in Bishops Addition; thence west along the
south line of said Lot and south lines of Lots 57 and 58 on Tenth
Street in Bishops A dx '1 n , t 10 on Eleventh Street in Weavers
oi
Addition to the alley whih� outh between Eleventh
and Twelfth Streets; thence south �co, JA�r s outh line of Lot 4 on
Twelfth Street in Weaver 1 s Addit ion;ev� long the south line
of said. lot and alongthe south line of the a��J
@y wh33hruns east and
west on the north side of Weaver's Addition to the alley vdiich r?u�is
north and south between Thirteen and Phillips Streets in Weaver's
Second Addition; thence north along; said alley to Bishop Street; thence
easterly along Bishop Street to point of beginning.' Also commencing
at the intersection of Decatur and Seventh Streets; thence north to
Pacific Avenue; thence east to Fifth Street; thence south to Decatur
Street;. thence west to point of beginning.
Section 6. "D" LIGHT INDUSTRIAL DISTRICT BOUNDARIES. That
the boundaries of "D" Light Industrial District are as follows:
Commencing at the intersection of Ohio and North Streets; thence south
to the Smoky Hill River; thence up said River to Walnut Street; thence
NZi
west to the alley which runs north and south between Fourth and Third
Streets; thence south to Mulberry Street; thence west to the alley which
runs north and south between Santa Fe Avenue and Fifth Street; thence
north to Ash Street; thence west to Eigl.th Street; thence n m th to
Elm Street; thence west to Ninth Street; thence north to Bishop Street;
thence west to the alley which runs north and south between Thirteenth
Street and Phillips Street; thence south to the alley which runs east
and west along the north line of Weavers Addition; thence west to
Collebe Avenue; thence south to Park Street; thence west to Dry Creek;
thence northwesterly down Dry Creek to the right-of-way of the Union
Pacific Railroad; thence northeasterly almng said right-of-way to Chicago
Avenue, in Chicago Addition; thence north to Dry Creek; thence northerly
along said Creek to North Street; thence east to the west line of North
Park Addition; thence north to Lincoln Street; thence east to Ninth Street;
thence north to Decatur Street; thence east to Fifth Street; thence south
to Lincoln Street (formerly Pacific Avenuef thence east to Fourth Street;
thence smith to Pine Street; thence east to the intersection of laid street
the southerly line of the right6of-way of the Missouri Pacific
Railroad at a point near the east side of Front Street; thence easterly
along the southerly line of said right-of-way to the intersection of said
line with the center line of North Street; thence east to point of beginning,
Also commencing at the intersection o f Fifth Street and Woodland Avenue;
thence east to Front &treet; thence south to Forest Avenue; thence west
to Fifth Street; thence north to point of beginning.
Section 7. "E" HEAVY INDUSTRIAL DISTRICT BOUNDARIES.
The boundaries.of the "E" Heavy Industrial District are as follows:
Commencing at the intersedtion of Fifth Street and`Forest Avenue; thence
east to Front Street; thence south to the south line of the right-of=way
of the Union Pacific Railroad; thence easterly along said line to Ohio
Avenue; thence south the the north line of the right -of -tatty of the
Missouri Pacific Railroad; thence westerly along said line to the inter-
section of said line with the center line of North Street; thence south
pj to the southerly line of the right-of-way of $aid railroad; thence
westerly to the intersection of said line with the sotth line of Pine
Street at a point near the east line of Front Street; thence west to
Fourth Street; thence north to Lincoln Avenue (formerly, Pacific Street);
thence west to Fifth Street; thence north to point of beginning. Also
commencing at the intersection of Chncago Avenue; in Chicago Addition,
with Dry Creek; thence south to the right-of-way of the Union Pacific
thence westerly along said line to Dry Creek; thence down Dry Creek to
point of beginning.
Section 8. "A" RESIDENCE DISTRICT USES. That in the "A"
Residence District as defined by Section Two hereof, no building or
premises shall be used, and no builditg shall be hereafter erected or
altered, unless otherwise provided in this ordinance, except Cor one or
more of the following pees:
1. One Family Dwellings,
2. Two Family Dwellings.
3. Churches and Temples.
4. Libraries.
5. Farming and Truck Gardening.
6. Schools and Polleges.
7. Accessory buildings incidental tothe above uses
and located on the'same lot (not involving the
conduct of a retail business) including one (1)
private garage, private stable or community
garage when located not less than fifty (50) feet
from the front line or in a fireproof compartment'
as a part o£ the main building, and including also
home occupations engaged in by the occupants of
a dwelling not involving the conduct of a retail
.bjsiness on the premises, and including the office
of a physician, surgeon, dentist, musician or artist
when situated in the same dwelling used by such
physician, surgeon, dentist, musician or artist as
his or her private dwelling.
Section 9. "B" RESIDENCE DISTRICT USES. That in the "B"
Residence District, as defined in the terms of Section Two of this
Ordinance, no building or premises shall be used and no buildling :W.
,skull be hereafter erected or altered unless otherwise provided in
this ordinance, except for one or more of the following uses:
1. Any use permitted in the "A" Residence District.
2. Apartment Houses.
3. Group Houses.
4. Row Houses.
5. Hotels.
6. Private Clubs and Fraternity Houses.
7. Boarding and Lodging Houses.
B. Boathouses.
9 ' Ho $pi tal s .
10.: Nurseries and Greehhouees.
11. Institutions of a philanthrbpie or eleemosynary
nature.
12. Accessory buildings incidental to the above uses
and located on the same lot, not involving the
conduct of a'retail business.
Section 10. "C" COMMERCIAL DISTRICT USES. That in the
"C" Commercial District, as defined by'6ection Two of this Ordinance,
all buildings and premises except as otherwise provided in the
Ordinance, may be used for any pse permitted in the "Bir "esidence
District or for any other use except the following:
1. Bakery (Employing more than five (5) pe mons..
2. Blacksmith or horseshoeing shop.
Bottling works..
4. Building material storage yaads.
5. Carting, express, hauling or storage yard.
6: Contractor's plant or storage yard (except during
construction of any building within three hurthred
(300) feet)
7. Coal, coke or wood yard.
8. C ooperage works.
9. Dyeing and cleaning works (employing more than five
(5) persons.
10. Ice Plant or storage houses of more than five (5)
tons capacity.
11. Laundry (employing more than five (5) persons.
12. Livery stable.
13. Lumber yard.
14 machine shop (employing more than five (5) persons).
15. Milk Distributing stations.
16.
Stone yard or monumental works.
17.
Storage warehouses.
18.
Storage, wholesale, or petroleum or products
thereof.
19.
-Storage or curing of leather, raw hides or skins.
20.
All uses excluded from the "D# Light Industrial
District.
21.
Any kind of manufacture or treatment other than
the manufacture or treatment of products clearly
incidental to the conduct of a retail business
conducted on the premises.
22.
A public garage may be estaglished or erected
in a commercial District if, when the permis is
issued, there are on file with the Building In-
spector, the written consent of the owners of
seventy five per cent (75%) of all the property
within a radius of two hundred (200) feat of.
the proposed establishment, PROVIDED, that this
provision shall not apply to an automobile show
or sales room for model cars where less than one-
half the floor space is used for the repair or
storage of automobiles which is incidental to the
sales department, PROVIDED, further, that no
public garage shall have an entrance for motor
vehicles within two hundred (200) feet of an .
entrance or exit of a public or private school,
playground, public library, church, hospital,
children's or old people's home.
Section 11.
"D" LIGHT INDUSTRIAL DISTRICT USES. That in the
"D" dight Industrial District, as'defined and fixed by the terms of
Section Two hereof, all buildings and premises except as otherwise
provided in this ordinance may be used for any use permitted in the "C"
Commercial District or for any other use except the following:
1. Abbatoirs.
2. Acetyene-Gas Manufacture.
3. Acid =facture.
4. Amonia, bleaching powder or chlorine manufacture.
5. Arsenal.
6. Asphalt manufacture, refining or paving mixture
plants.
7. Blast furnaces.
8. Boiler works.
9.'Brick, tile or terra cotta manufacture.
10 -Candle Manufacture,
11. Celluloid manufacture.
12, Coke Ovens.
13. Crematory.
14. Creosote treatment or manufacture.
15. Disinfectants manufacture.
16. Distillation of bones, coal or wood.
17. Dyestuff manufacture.
18. Exterminator and insect poison manufacture.
19. Emery Cloth and sand paper manufacture.
20. Fat Rendering.
21. Fertilizer manufacture.
22. Fish.smaking and curing.
23. Forge plant.
24. Gas (illuminating or he=ating) manufacture.
25. Glue, size or geletine manufacture.
26. Gunpowder manufacture or storage.
27. Fireworks or explosive manufacture or storage.
28. Incineration or reduction of garbage, dead
animalsri offal or refuse.
29. Iron, steel, brass or copper mills.
30. Lamp blank manufacture.
31 Mills, alfalfa.
32. Oil cloth or linoleum manufacture.
33. Preparation or treatment of oiled, rubber, or
leather goods in their raw state.
34. Ore reduction.
35. Paoint, oil, shellac, turpentine or varnish
manufacture.
36. Paper and pulp manufaetu-°e.
37. $etroluem refining.
38/ Plating works.
39. Potash works.
40, Printing ink manufacture.
41. Pyroxlin manufacture.
42. Round House.
43. Rock Crusher.
44. Rubber or gutta per-cha manufacture ort reatment.
45. Salt works.
46. Sauerkrout manufacture.
47. Sausage manufacture.
48/ Shoe blacking manufacture.
49. Smelters.
50 Soap manufacture.
51. Soda and compound manufacture.
52. Stockyards.
53. Stone mill or quarry.
54. Storage or bailing of scrap paper, iron, bottle,
rags or junk.
55. Stove polish manufacture.
56; Suplhuric, nitric or hudrochloric acid manufacture
57. Tallow, grease or lard manufacture or refining.
58. Tanning of leather, rawhides or skins.
59. Tar distillation, manufacture or paving mixture
plants.
60. Tar roffing or water proofing manufacture.
61. Tobacco (chewing) manufacture or treatment.
68. Vinegar manufacture.
63. Wool pulling or scouring.
64. Yeast plant.
65. And in general those uses vLiah have been declared
a nuisance in any court of record, or which may
be noxious or offensive by reason of the emission
of odor, dust, smoke, gas or noise; PROVIDED, how-
ever nothing herein shall be construed to prohibit
the erection or maintenance of an industrial use
permitted by this seegion which shall have not
more than twenty-five (25) per cent of the floor
area devoted to a prohibited use which is clearEy
and customarily incidental to the primary use.
Section 12. "E" HEAVY INDUSTRIAL DISTRICT USE. That in the
"E" Heavy Industrial District, as defined and fixed by the terms
of Section To2 hereof, buildings and premises may be used for any
purpose whatsoever, provided the provisions of the present or here-
after adopted ordinances of the City of Salina, regulating the
location or maintenance of nuisances, are complied with.
Section 13. That this ordinance shall not apply to exist-
ing structures nor to the existing use of any building, but shall
apply to any alteration of a building to provide for its use for
a purpose, or in any manner different from the use to whit:_ it was
put before alteration, provided that this ordinance shall not be
construed bo prevent the restoration of a building damaged not more
than Fift# (50/) per cent of its assessed valuation by fire, explo-
sion, act of God, or the public enemy, or prevent the continuance 6f
the use of such building, or part thereof, as such use existed at
the time of such damage; nor shall the same be construed to prevent
a change of such existing use under hightr classification as herein
provided. An no building which has been damaged as above provided
to the extent of more than fifty (50%) per cent of its assessed
valuation shall be re -built or repaired except in fianformity with
the regulations contained in this ordinance. When the boundary
line of any use district divides a lot in single ownership at the time of
the adoption of this .crdinance, nothing herein shall be construed to
prevent the extension of the use existing on either portion of such
parcel of ground for a distance of not greater than twenty-five (25)
feet. The Board of City Commissione-rs may authorize in a residence
district, for a period of not more than two (2) years from the -date
of such per mit, a temporary building for commerce or industry incid-
ental to the residential development, PROVIDED, however, that such
permit shall not be renewed.. A•structure or premises may be erected
or used in any location by a public service corporation or for public
utility purposes which the Board of City Commissioners deemd reason-
ably necessary for the public convenience and welfare. The Board of
City Commissioners may grant. a permit for the enlargement or existing
building or buildings, or erection on the same lot or plot of ground
of additional buildings for a trade, business or industry located
in a district restricted against its use, where such enlargement or
expansion of such trade, business or industry will not be detrimental
to or tend to alter the character of the neighborhood.
Section 14. That in cyder to regulate and determine the
area of yards and other open spaces surrounding buildings which may
hereafter be erected or altered, the City of Salina is hereby divided
into Districts of which there'shall be four (4) known as:
"A" Area
District.
"B" Area
District.
"C" Area
Distric#.
"D"zArea
District.
The City of Salina is hereby divided into four (4) districts as afore-
said and the boundaries of such districts are as set forth in the four
(4) succeeding paragraphs of this ordinance. It shall be the duty of
the City Planning Commission to cause to be prepared and filed with
this ordinance a map showing, such Area Districts as herein created and
-yo make such changes thereon from time to time as may be required by
amdmdments to this ordinance, and the same to be designated as the
"Area District Map". No new building shall be erected, nor shall an
existing building be altered, enlarged, or rebuilt, nor shall any open
spaces surrounding any buildings be encroached upon or reduced in any
manner,except in conformity with the regulations hereby established
for the district in wh1hh such building is located.
I a
Se$tion 15. "A" AREA DISTRICT BOUNDARIES. 7A" Area
District shall cimprise all of that portion of the city of Salina,
Kansas, not included in the B. C. and D. Area Districts herein-
after provided for.
Section 16. "B" AREA DISTRICT BOUNDARIES. The boundaries of
"B" Area District are as follows: All that portion of the City of
Salina lying north of the following line; commencing at the inter-
section of Woodland Avenue and Front Street; thence west to Fifth
Street; thence north to Pacific Avenue; thence west to Seventh
Street; thence south to Decatur Street;" thence west to Ninth Street;
thence south to Lincoln Avenue; thence west to the west line of
North Park Addition being the westerly limits of the City of
Salina. Also commencing at the intersection of Park Street and
Dry Creek; thence westerly up Dry Creek to State Street; thence
west to the northwest corner of Leavenworth Additiony thence south
to the southwest corner of Leavenworth Addition; thence eatt to the
right-of-way of the Missouri Pacific Railroad; thence north along
said line to its intersection with the alley which runs east and
west bttwebn Pakk Street and Ash Street; thence east along said
alley to College Avenue; thence north to Park Street; thence east
to Elventh Street; thence north to State Street; thence west to
Twelfth Street (south of State StreetO; thence south to Iron
Avenue; thence west to Twelfth Street (formerly Faulkner Street);
thence south to Walnut Street; thence east to the alley which runs
north and south between Eleventh and Twelfth Streets (South of
Walnut Street); thence south to South Street; thence west to the
alley which runs north and south between Eleventh and Twelfth
Streets (south of South Street); thence south to Morbienn Avenue;
thence east to east line of Ninth Street; thence south to southwest
corner of Lot A Block <Os Beebe's Addition; thence east to the
west line of Eilgffith Street; thence easterly to the northwest corner
of Lot 2, Block 5, Beebe's Addition; thence east along south line
og Weil Place to northwest corner of Lot 1, Block 5, Beebe'e
Addition; thence south to South line of Lot 1, Berk's Addition;
thence east along the south line of said lot and along the south
line of Lot 5, Block 1, Replat of Beebe's Second Addition, to
a point one hundred twenty five (125) feet east of the east line of
Santa Fe Avenue; thence south to the north line of Prescott Avenue;
thence east to the southeast corner of Lot 7, Plat "C"; thence north
along the southerly lines of said Lot and of Lots 12, 16 and 15 of
Smith and Colvard's Addition to the Smoky Hill River; thence down
said River to Walnut Street; thence west to Fourth Street; thence south
to Mulberry Street; thence west to Fifth Street; thence south to South
Street; thence west to Seventh Street; thence north to Walnut Street;
thence west to Eighth Street; thence north to Elm Street; thence west to
Ninth Street; thence north to the southeast corner of Lot 16 on Ninth
Street in Bishop's Addition; thence west along the south line of said
lot and of Lots 57 and 58 on Tenth Street in said Addition and Lot 10
on Eleventh Street in Weaver's Addition to the alley which runs north
and south between Elventh and Twelfth Streets; thence south toethe south-
east corner of Dot 4 on Twelfth Street in Weaver's Addition; thence west
along the south line of said lot and along the south line of the alley
which runs east and west along the north side of Weaver's Addition to
College Avenue; thence south to Park Street; thence west to the point of
beginning. Also all that territory west of Front Street between Walnut and
Ash Streets; and east of the Smoky Hill River between such points.
Section 17. "C" and "D" AREA DISTRICT BOUNDARIES. The bound-
aries of the"C" Area District and "D" Area District shall, until this
ordinance shall be further amended, be identical and such Area District
shall comprise all of the land now within the three Use Districts
herein designated as "C" Commercial District, and "D" Light Industrial
District and "E" Heavey Industrial District.
Section 18. "A" AREA DISTRICT. In the "A" Area District the
minimum dimensions of yards and the minimum lot area per ffiamily shall
be as follows:
REAR YARD: There shall be a rear yard having ad epth of
not less than twenty (20) feet.
SIDE YARD: There shall be a side yard on each side of the
lot of notless than six (6) feet in width, PROVIDED, however, that on a
lot of record at the time of the adoption of this ordinance, having a
width of less than forttq (40) feet and held under a distinct ownership
from adjacent lots, the width of each side yard shall not be less than
thr.ee (3) feet.
SETBACK. Where eighty (80) per cent of all the buildings
fronting on one side of a street between two intersecting streets have
obsorved a minimum.setbacY, line from the street line, no building hereafter
erected or altered shall project beyond the setback line to established,
PROVIDED, however, no building shall be required to setback a distance
greater than Rorty (40) feet from the street line in.complying with
this regulation, and PROVIDED, further, that this regulation shall not
be interpreted as to reduce the buildable width of a cornrer lot facing
an intersecting street of record at'the time of the adoption of this
ordinance, to less than thirty (30) feet. Where there are no buildings
on one side of a street between two intersecting streets, there
shall be a minimum setback of at least twenty (20) feet.
LOT AREA PER FAMILY: In the "A" Area District no dwelling shall
be hereafter erected or altered to accomodate or make provision for
more than one family on each three thousand five hundred (3500) square
feet of lot area, PROVIDFD, however, this regulation shall not prohibt
the ereetion.of a building on a lot of record at the time of the
adoption of this ordinance, held under a distinct ownership from
adjacent lots.
Section 19. "B" AREA DISTRICT. In the "B" Area District, the
minimum dimensions of yards and the minimum lot area par family shall
be as follows:
REAR YARD: There shall be a rear yard on each side of the
lot of not less than twenty (20) feet.
SIDE YARD: There shall be a side yard on each side of
the lot of not less than five (5) feet.
SETBACK: Where eighty (80) per cent of all the buildings
fronting on one side of a street between two intersecting streets have
observed a minimum setback line from the street line, no building
hereafter erected or altered shall project beyond the setback line
so established, PROVIDED, however, no building shall be required to
set back a distance greater than forty (40) feet from the street line
in complying with this regulation, and PROVIDED, further, that this
regulation shall not be interpreted as to deduce the buildable width
of a corner lot facing an intersecting street, of record at the time
of the adoption of this ordinance, to less than thirty (30) feet.
LOT AREA PER FAMILY; Every building hereafter erected
or altered shall provide a lot area of not less than one thousand
one hundred and sixty (1160) square feet per family.
Section 20: "C" AREA DISTRICT. In the "C" Area District
the minimum lot area per family in buildings used for dwelling purpose:
shall be as follows:
REAR YARD:
ten (10) feet on corner lots and
interior lots.
SIDE YARD: Buildings used for
of not less than
fteen (15) feet on
tial purposes
shall have a side yard on each side of lhhe lot of not less than five
(5) feet. In commercial or industrial districts, a side yard, if
provided, shall be not less than five (5) feet.
SETBACK: In a residential use district where eighty (80) per cent
of all the buildings fronting on one side of the street between two
intersecting streets have observed a minimum setback line fr m the street
line, no building hereafter erected or altered, shall project beyond
the setback line.so established, PROVIDED, however, no building shall be
required to set back a distance greater than forty (40) feet from the
v stbeet line in complying with this regulation, and PROVIDED, further that.
this regularion shall not be interpreted as to reduce the buildable
width of a corner lot facing an intersecting street, of record at the
time of the a doption of this ordinance, to lessnthan thirty (30) feet.
Where there are no buildings on one side of a street between two
intersecting streets, there shall be a minimum set back of at least
twenty (20) feet.
LOT AREA PER FAMILY: In the "C" Area District every building
hereafter erected or altered shall provide a lot area of not less
than five hundred and eighty (580) square feet per family.
Section 21. "D" AREA DISTRICT. In the "D" Area District
buildings may occupy the entire area of lots when used entirely for
commercial or industrial purposes. All buildings or parts of"cbmiid-
ings used for residential purposes shall comply with the area regulations
of the "C" Area District.
Section 22. AREA DISTRICT EXCEPTIONS
That the fore=going re-
quirements in the area districts shall be subject to the following ex-
ceptions and regulations:
First: For the purpose of the area regulations, a sem-detached
dwelling, group house, or row house in the "Bg Residence District may
be considered as one building and occupying one lot.
Second: For the purpose of the area regulations a commercial
building in the "A" and "B" Area District, the Board of Commissioners
may waive the requirements for side yards and rear yards, but if a
side yard is provided it shall have a minimum width as required, PRO*
VIDED, however, that where one hundred (100) per cent of.the front feet
in any block is zoned, (Commercial "C" Use), the setback requirements
may be waived by the Board of -City Commissioners for commercial buildings.
Third: In eomputixiggthe depth of a rear yard or the width of
a side yard for any building where such yard opens into an alle=y or street,
one half (2) of such alley or street may be assumed to be a portion of the
yard.
Fourth: Every part of a required yard shall be open from its
lowest point to the sky unobstructed, except for the ordinanry projection
of sky -line above the bottom of such yard, and except for the projection
of sills, belt courses, cornices and ornamental features.
Fifth: Openor lattice enclosed fire escapes, fireproof
outside stairways and balconies opening into fire towers, projecting
into a yard not more than five (5) feet, and the ordinary projections
of ehinmetas and flues, may be permitted by the Building Inspector where
same are so placed as.not to obstruct the light and ventilation.
Section 23. CERTIFICATE OF OCCUPANCY AND COMPLIANCE. The
existing character of the use and occupancy of premises shall not be
changed nor shall any building, the use of which is proposed to be alter
ortb1anged be hereafter erected or altered, until a certificate shall
have been issued by the Building Inspector, stating that the proposed
use of such building or premises complies %,Ath all of the building and
health ordinances of the City of Salina and with the provisions of this
ordinance. Certificates of oecupany and compliance shall be applied
for co -incident with the application for a building permit and shall be
issued within ten (10) days after the erection or alteration of such
buildings shall have been completed, in conformity with the provisions
and of these regulations. A record of all certificates shall be kept
on file in the office of the Building Inspector and copies s1nall be
furnishedlon'.requ.est.,to any person having a proprietary or tenancy
interest in the building affected. No fee shall be charged for an orig.
inal certificate applied for co -incident with the application for a
building permit; for all other certificates or for copies of any
original certificates there shall be a charge of One ($1.00) Dollar for
each copy thereof. No permit for excavation -for or the erection of any
building shall be issued before the application has been made for a
certificate of occupany and compliance. No building or premises may
be occupied until such certificate shall have been issued.
Section 24. PLATSE All a pplications for building permits
shall be accompanied by a plat in duplicate drawn to scale, showing the
actual dimensions of the lot to be built upon, the size of the building
to be erected, and such other information as may be necessary to provi&
for the enforceme=nt of these regulations. A careful record of such
applications and plats shall be kept in the office of the Building
Inspector. At the time application is made for the building permit,
the lot corners of the lot to be built upon must be established on the
ground to the satisfaction of the Building Inspector. No yard or
other open space provided about any building for the purpose off complyi
with the provisions of these regulations shall again be used as a yard
or other open spaces for another building.
Section 25. INTERPRETATION AND PURPOSES. In the interpreti
and applying the provisions of this ordinance, they shall be held to be
the minimum requirements for the promotion.of the public safety, -health
convenience, comfort, prosperity, general welfare, and the preservation
of personal and property rights. It is not intended by this ordinance to
interfere with or aborgate or annul any ordinance, rules or regulations or
permits previously adopted or issued, and not in conflict with any of the
Irovisions of this ordinance or which shall be adopted or issued, pursuant
to law.relating.'to the use of buildings or premises, nor is it intended by
this ordinance to interfere with or abumgate or annul any easements, coven-
ants, or other agreements between parties, provided, however, that where
this ordinance imposes a greater restriction upon the use of buildings or
premises or requires larger open spaces than one imposed or required by
such ordinance, rules, regulations or permits, or by easements, covenants,
or agreemwnts, the provisions of this ordinance shall control. The area
and use of all buildings now under construction and whibh were actually
under construction in pursuance to a lawful building permit, prior to the
date of the first reading of this ordinance, or under a building permit
issued by the Building Inspector previous to the date of adoption of this
ordinance, shall be unaffected by the provisions of this ordinance, provides
however, (one) that any building may be altered to the extent of not more
than fifty per cent of its structural value and (two) that any such build-
ing destroyed by fire or other calamity, or for any reason whatsoever
altered, reconstructed or re -erected, shall conform to the area and use
restrictions for the district in which such building is located, as shown
on the maps accompanying and made a part of this ordinance, or those maps
duly amended. Wherever in this ordinance any street; avenige, alley, river,
creek, or railroad right-of-way is referred to as a boundary of any district
the center line thereof is meant unless otherwise described, except where
either'side line thereof is necessary to make propert.connection with any
point or line referred to in the description of such boundary, in which
case lines necessary for a complete description are deemed to be referred
to; and where any boundary is completed by the use of lot o -r block lines,
the description thereof shall be deemed to include any extension of any
such line,,aeross any street, alley7 right-of-way, river or creek, or
part thereof, as may benecessary to make a complete and unbroken boundary.
Section 26. ADDITIONS TO CITY LIMITS. Whenever any territ
is added to the city limits of the City of Salina, such added territory
shall be deemed to be within the district which is adjoined prior to such
inclusion, unless it adjoins two or more of such districts, in which case
the City Planning Commission shall make their recommendation to the
governing body of the City as to the district or districts.to vLich it is
to be attached, and the governing body in any ordinance providing fof its
addition to the City shall designate the districts in which it is to be
f
included.
Section 27. VIOLATION: PENALTY Any person, firm or copporation
who shall violate, neglect, or refuse to comply with or who shall maintc
use or construct any buildings or premises in violation of any of the
provisions of•this ordinance, shall upon due conviction, be fined in an�
sum not exceeding Five Hundred ($600.00) Dollars for each offense and
each day that a violation is permitted, caused or continued to exist
shall constitute a separate offence, and in addition to the above
penalty such actions at law or suits in equity may be maintained by
the City of Salina or any interested persons, as may be authorized by
law..
Section 28. VALIDITY. Should any sections, clause, or prov-
isions of this ordinance be declared by any court of competent juris-
diction to be invalid, the same shall not affect the validity of
the ordinance as a whole or any part thereof, other than the part so
declared to be invalid.
Section 29. CHANGES AND AI�IRMDMENTS. The Board of Commissioner:
may from time to.time, amend, supplement, or change the boundaries
or regulations contained, prescribed, and set forth in this ordinance;
provided such proposed change first be submitted to the City Planning
Commission for its recommendation and report, and PROVIDED, furthvr,
that not less than thirty (30) days notice of such proposed change
shall first be published in the official paper of the City of Salina,
and a hearing be granted.to any person interested, at a time or
place specified in said notice., If, however, a protest against such
amendment,.supplement, or change be presented, duly signed and
acknowledged by the owners of twenty (20) per cent or more of any
frontage proposed to be altered, or by the owners of twenty (20) per
cent of the frontage immediately in the rear thereof, or by the
owners of twenty (20) per cent of the frontage directly opposite a
frontage proposed to be altered, such amendment shall not be passed
except by at least four -fifth (4/5th)cC the Board of Commissioners.
SECTION 30. CONFLICTING PROVISIONS REPEALED. All ordinances
or parts dP ordinances in conflict with any of the provisions of
this ordinance are hereby repealed.
Section 31. P�HEN EFFECTIVE. This ordinance shall be
effective from and after its passage and due publication once in
the offieity City Paper, according to law.
Introduced for first reading November 2nd, 1925.
Passed and approved ----------November 23rd, 1925.
J. S. HARGETT
ATTEST:
CHAS. E. BANKER
City -0 I e7r
STATE OF KANSAS )
)SS
COUNTY OF SALINE)
I, Chas. E. Banker$ City Clerk of the City of Salina,
1K as,,, db) here -b-7 wrtlfr tlab IM,@ &&Qt@ Midf6mg4lh jis ea
and. correct copy of Ordinande N6: 3188./pads ed,'6xid'Approveid1by- ;Ithel
Boar&iofL-iCoriinisdiondrd-'bf..1,bhe-1-:City.-eof Salind'.. 'Kahiias . ljlov'&berl 23rd,
1925 a4d a record of the vote on its final adoption is found on
'page I � ',)� of Journal Number 11.
(published in The Salina Journal November 1925)
ORDIN�INCE NO. 3188
An Ordinance dividing the City of Salina, Kansas, into Zones or
Districts and regulating and restricting the location of
trades and industries,, and the location, erection, alteration
and repair of buildings designed for specified uses; and the
uses of land within each of such Districts or Zones, and estab-
lishing regulations relating thereto, prescribing a penalty
for the vi&lation of its terms and repealing all ordinances
inconsistent with its terms,
WIEREAS, pursuant ttOrdinance Number 3174 heretofore adopted
by the Board of Commissioners of the City of Salina, Kansas, the
City Planning Commission of said City did on October 26th, 1925 sub-
mit 110 said Board of Commissioners a tentative report as required by
law, making the re commendations of said City Planning Commission as
to the boundaries of Districts or Zones to be establLished in the City
of Salina in which the locatVion of trades and industries and the loc-
ation, erection, alteration and repair of buildings designed for
specified uses, and the use of land within each such District or Zone.
are to be regulated and restricted, and
WIMHEAS, after the submission: of said tentative report said
City Planning Commission did, as required by said Ordinance No. 3174,
hold public hearings thereon at the time and place required by said
Ordinance., having previously given three days public notice thereof
by notice published in the Salina Journal all as shown by the final
report of said City Planning Commission submitted to said Board of
Commissioners on the 2nd day of November 1925, including the affidavit
of the publisher showing publication of laid notice, as attached to
said final report., NOW TIEIPEFOREs
Be It Ordaia#AAby the Board of Commissioners of the City of Salina,
Kansas;
Section 1*1 DEFINITIONS. That for the purpose of this ordinance,
certain terms and words are hereby defin6d� as follows:
Words used in the present tense includ$,the future; words
in the singular number indl4de the plural; words,,in the plural
include the singular number; the word "building" includes the word.
Ustructurelt; the word "sha-1111 is mandatory and not directory. pny
words not specifi6ally defined herein shall be construed and defined
in the building code,
ACCESSORY BUILDING: A bubordinate building or portion of
main building located in and occupying not mixre than thirty (30)
per cent of the rear yard of the main building, its use being incid-
ental to that of the main building, and not exceeding twelve (12)
feet im height.
ALLEY: A public thoroughfare not over twenty (20) feet wide,,
APARTMENT: A household unit in a tenement or apartment house.,
designed, used or suitable for occupancy for one or more persons*
APARTMENT HOUSE: A building or portion thereof designed, used
or intended to be used as a re;�ddenee for three (3) or more families
living in a separate apartments*.
APARTMENT HOTEL: An apartment hotel is an apartment house
in which are provided dining room.,accomodations for the joint use
of the apartment house tenants only.
2.
BASI]EQU: A story partly underground, which, if not occupied
for living purposes by other than the *danitor or his family, shall
not be included as a story.
BOARDING HOUSE; A boarding house is a building or -place wherein
table board is provided to five (5) or more individuals pursuant tD
previous arrangement and not to anyone sVho may apply.
BUILDING; A structure having a roof supported by col'Lums or
walls for the shelter, support or enclosure of persons, animals,
or chatt6ls;and when separated by division walls from the ground
up, and without openings, each portion of such building shall be
deemed a separate building except as provided in Section 15, "Area
Exceptions
C�!LLAR: See Basement.
O0111,1UNITY GARAGE: A series of private garages of capacity of
not more than one automobile each, located jointly on a common lot
and having no public shop or service in connection therewith, FaithC�
total capacity for not more than five (5) automobiles. Community
garages may exceed a five (5) au-L-lomobile capacity provided the lot
whereon such community garages are located shall contain one thousand
(1000) sqqare feet for each automobile stored.
CURBI-LEVEZ: The curb level is the level of the established
curb in front of the building measured at the center of such front.
Where no curb has been established the city engineer shall esta1blish
such curb level or its equivalent for the purpose of these regulations.
DEPTH OF 1MAIR YARD: The mean horizontal distance but -ween
the rear line of -the building and the center line of the alley, where
an alley exists, other,,,,rise the rear lot line,
DFTH OF LOT: the mean horizontal distance bet,.-veen the front
and rear lot lines.
DISTRICT; A section of the City of Salina for which
the regulations governing the area of the use of building are the
same,
G:R'OUP HOUSE: A group of not more than four (4) attached
dwellings erected simultaneously and each dwelling having accomodations
for one (1) family only.
,H"OTEL* - A hotel is a building in w1l,-Al lo(J.Sing is pr&vided
_
with or .without meals., and open to transient guests in contra-
distinction to boarding or lodging houses-uhich are herein specifically
defined.
LODGING HOULSO A-..Iodc,,ing house " a building or place provid-
ing lodgings to individuals pursuant to previous arrangement and
not to any one ;*:rho may apply.
LOT: Land occupied or to be occupied by a building and
accessory buildings and including such open spaces as are required
ander this ordinance, and having its principal frontage upon a
public strer:"-,I- or offici '111y approved place.
,LOT COR'lTE-.;
LGIP TRIYiNGUL_,IR: A lot drontinS on tvio (2) or more streets
at their junction, said streets forming with each other an angle of
forty-five (45) degrees or more, is a corner lot. I'ilhen the angle.
for,-�aed by the intersecting streets is less than forty-five (A-5)
degrees, such a lot shall be lmo�.rn as a triangular lot. For the purpose
of detexymining the percentage of lot occupancy, corner and triangular
lots shall be assumed to have an area of not greater than give, thousand
(5000) square feet and a frontage not greater than one hundred (100)
feet on either of the intersecting streets.
_Jt�T;, INTEHIOR?:A'..-lot other than a corner lot or trian-
Sular lots
-Am interior lot havinL,, fr6ntage on two
streets,
LOT IINIES: The lines boundix.ig a lot as defined herein.
NON -CO N471"'01 -I'd ING USE: A building or premises occupied
by a use that does not confonn 7vrikh the regulations of the use
District in .which it is situated.
0
4.
aITIE� L-TUIYjG*. A. detached building having accomodations
for and occupied by one family.
V
PL' C': .4,'.n open unoccupied space dedicated to purposes of
access for abbutting property.
PI-H.IWITE GA II GES: A garage tTri -k-, h a capa ci ty for no t more
than four (4) steam or motor -driven -vehicles, of vflaich not more than
one (1) may be a conx-n.,ercial motor vehicle of not more than tVVo (2)
tons capacity.
FUT,IC G.AR,IGE: Any
PI'emises used for housing or care of
more than four (4) steam of mnotor-driver, vehicles., or where any such
vehicles are eq-,�,dpped for operation.repaired, or kept for remuneration,
hire or sale; not including exhibition or show rooms for model cars,
FRIWiTE STABLE: A stable with a capacity for not more than
four (4) horses.
FT ,LIC STABLE: A stable with a capacity for more than
four (4) horses.
.�IR YDS: An open unoccupied space(exclusive of accessory
buildings ). on—Ithe same lot- with a building., between tine rear line
of the building and the rear line of the lot, for the full width of
the lot.
ROW HOUSE: A row of attached dwellings erected simultaneously
and each dwelling having accomodat-ions for one (1) family only.
=S-�--T B.&IICK : The minimum horizontal distance between the
front line of the building (excluding steps and open porches) and
the front line to the rear yard,
wide.
STRI—T: A public thoroughfare more than -u-went-,-(20) feet
S*TRUCrTUR-,4-L "any change in the supporting
members of a building, such as bearing walls or excepting such
alterations as may be partitions, colunms, beams or girders, required
for the safety of the building.
T--F!KII,IE]NT HOUBE: See AI -a rtment House.
TERFU CE__ : A natural or artifical earthen embanbmient
VIN
5.
between a building and its street front. The "height of terrace"
shall be the difference in elevation between the average curb level
and the average elevation of the terrace at the building wall.
IP,W0-FI,UdILY D-,,,*.,'2LLING: A building used o -r intended Jbo be used
as a dwellinSby not more then two families.
I I
6 *
1
6
Section 2* USE DISTRICTS. That for the purpose of regulating
and restricting the location of trades and industries and the location,
erection, alteration and repair of buildings erected or altered for
specified uses, and the uses of land within such specified districts,
the City of Salina is hereby divided into "USE DTS1j1-:,IC` 1,
-PSI', of whic-
there shall be five (0) known as
Residence District.
"B" Residence District.
"C" Commercial District.
"tD" Light Industrial District.
"Ell Heavy, In6ust-rial District*
The City of Salina is hereby divided into five (5) Districts
as aforesaid, and the boundaries of such districts are as set out
J
in the five (6) succeeding Sections of this ordinance. It shall be
the duty of the City Planning Commission to cause to be prepared
and filed with t1iis ordinance a map shoving such use Districts
,as hei,ein c}7eated., to be designated as the "Use District Map"
and to roake such changes thereon from time to time as may be required
by any amendments to this ordinance. Except as he2:,ein provided
L
no building shall be erected or altered, nor shall any building or
promises be used for any purpose other than is permitted in the
Use District in which such building or premises is located,
Vj
7.
i
Section 3, "Att Residence District Boundaries. "All
Residence District Boundaries shall be all of that part of the City
of Salina not included in the "Bit Res:Vdence District; "C" Com-nercial
District; 'tD" Light Industrial District and "E" Heavy Industrial
District., as defined in the four succeeding sections hereof,
10
�0
13
Section 4. "B" Residence Ba -is tri ct Boundaries. The boundaries
of Residence District shall be as follows: Corariencing at the
inte,rsection of Walnut Street with the Smoky Hill River; thence
to the alley which Puns north and south between Third and Fourth
Strebts; tXence South to idulberry Street; thence West to the alley
Vl�ich runs nXth and south bwtween Santa Fe Avenue and Fifth Street;
thence South ong said alley to South Street; theno'-b VIest to
Seventh. Street; \hence North to IUalnut Street; thence West to Eighth
Street; thence No Elm lm Street; thence V'Iest to Ninth Street; thence
North to the inte rse tion of said Street with the south line of Lot
16 on Ninth. Street
South line of said Lot Nd'
Addition and Lot 10 on l e 11, t-
tion; thence Vlest along the
58 on Tenth Street in said
Weaver ls Addition to the
alley viuh-ieh runs North andS uth b&tft,16 -,Ieventh- and Tcuelfth Streets
in said Addition; thence South
0 U
L\th along said ss--bley to the south line
of'Lot 4 on Twelfth Street in -9\d Addition; --- + ce viest along; the
south line of Lot 4 on - elfth u d to the Sotth�"t corner of
said Lot; thence 1', -'est to the intersection of the 17est line of I
Twelfth Street with the center line o\the alley which runs east
and wets along the North line of -.,-,,7eaver ddition; the -nee west
along said alley to College ',venue; t-hene
east to Eleventh Street; 'thence sDuth to St
to Twelfth Street, (South of State Street);
south to Park Street; thence
Street; thence west
ce south to iron
A
-Ler line of Twelf"' Street (south venue; thence west to the center
of irkon F.venue) (formerly Faulkner Avenue; thenc south to Walnut
south
Street; thence .east to the alley irinich rims north a south between
- 1�
Eleventh and Tv;elfth Streets (South of 11-Valnut Street), t: �ience south
-er- `--
h and
to Smith Street; thence ViFest to the a' -ley which runs Cc
south b6tween Eleventh and Twelfth Streets (South of South Street)
thence south to Liorrison avenue; thence east to the east I-1, of
Street)
e of
0 ek
I-linth Street; thened south to the southwest corner of Lot 3 ck
�d I t
Beebe's Addition; thence east along the south line of saw. I t
to the west line of Eighth Street; the -nee easterly to the northwest
cower of Lot 2
Block 5, Beebe's Addition; thence east along the
soyath line of i'veil Place to thenorthwest corner of Lot 11 Block 5,
Beebe's Addition; thence south to the south line of Lot 1, Burkts
Addition; thence east along the south line of said lot and along
the south line of Lot 5 in Block.1 of the Re=Plat of Beebe's Second
Addition to a point One Hundred Twenty Five (125) feet east of the Nast
line of Santa Fe Avenue. -.thence south parallel with the east line of
Santa Fe Avenue to a point the east 'Line of Prescott street, east
to the intersection off'l with the easterly line,,,, p1hence produced,
of Lot 7, Plat 110; then16�
amd of 'Dots 122 16$ and 15 of'Smit
tN,-,
Smoky Hill River; thence down the
Ri
the easterly line of said Lot
lvardts _,Iddition to the
the point of beginning.
Also commencing at the point of inters @
I*pn of Front Street (south
of Iron Avenue) near its intersection witil-, 17alnut S'treet with the
Smoky Hill River; thence down said River to Front Street (North of
Iron Avenue) near its inte::-section with Ash Street; thence south
to place of beginning. Also commencing at the point of intersection
of Eighth Street and Decatur Street; thence north along Eighth Street
to Harsh Avenue; thence east to Fourth Street; thence south to Pacific
Avenue;k"
thence east to Front Street; thence south to 7�,Voodland avenue;
thence 1rrest to Fifthr'Stureet; thence north to Pacific Avenue; thence
west to Seventh Street; thence south to Decatur Street; thence north C,V�
to point of beginning. Also all of Block ll, Rive. -side Park 11,.ddition..
� V�
4
l®,
:i
Section 5, "C" Cor e , rcial District Boundaries. That
I
the boundaries of the IICI,I Commiercial District shall to as follows:
Commi-encing at the intersection of Eighth and Ash Streets; thence east
to the alley which runs north and south betwden Sabta Fe an,5 Fifth
Streets; thence south along said alley to South Street; viest
to Seventh Street; thence north to Walnut Street; thence west to
Eighth Street; thence north to place of beginning. z:.Iso commencing
at the intersection of Bi op and !,Tinth Streets; thence south to the
SOL,_th line Of Lot Street in Bishopts Addition; thence
west aloe the south' 0 o and -the south lines of Lots
T, 4
57 and Tenth Street Is!^!,, dd-
tion and Lot 10 on T,',leven-'U-h
o StIreet in '.'eaver's Addition to the'-XiAby which runs -north and south
between Eleventh and Twelfth Streets ci south to the south line
of Lot 4 on Tlwelfth Street in "Weaver's Addition; -Lence west along
the south line of said Lot and along the south line o alley wII-Ach
5W
runs east and west on the north side of Weaver's Addition
alley loiLnich runs north and south between Thirteenth and Phillips
Streets in -Vuleaverts Second Addition; thence north along said alley
to Bishop Street; thence easterly along Bishop Street to point of
beginning, Also commencing at the intersection of Decatur and
Seventh Streets; thence north to Pacific Avenue; thence east to
Fifth Street; thence south to Decatur Street; thence irmst to point of
beginning,.
,L---- , I
Section O. I'D" Light Industrial District Boundaries.
That the boundaries of I'D" Light Industrial District ara as follows:
Commencing at the intersection of Ohio and North Streets; thence south
to the Smoky Hill River; thence up said River to Walnut Street; thence
west to the alley which runs north and south between Fourth and 'Third
Streets; thence south to Mulberry Street; thence west to the alley vvhich
runs north and south between Santa Fe Avenue and Fifth Street;, thence
nott]ki to Ash Street; thence west to Eighth Street; thence north to
Elm :Street; thence west to Ninth Street; thence north to Bishop
Street; thence west to the alley which runs north and south between
Thirteenth Street -3-trrand Phillip's Street; thence south to the
alley which runs east and west along the north line of Weaver"s
Addition; thence west to College Avenue; thence south to Pari Street;
thence west to Dry Creek; thence northwesterly doNm, Dry Greek
to the right-of-way of the U#ion Pacific Railroad; thence northeasterly
along said right-of-way to Chicago Avenue;, in Chicago Addition; thence
north to Dry Greek; thence northerly along said Greek to North Street;
thence east to the west line of North Park Addition; thence north to
Lincoln Street; thence east to Ninth Street; thence north to
Decatur Street; thence east to Fifth Street; thence south to Lincoln
ra Street (formerly Pacific Street); thence east to Fourth Street,* thence
sov-th to Fine Street; thence east to 6he intersection of said street
With the southerjylline of the right-of-way of the Missouri Pacific
Railroad at a point near the east side of Front Street; thence
easterly along the southerly line of said right-4,69ay to the inter-
section of said line with the center line of North Street; thence
east to poi n -r of beginning. Also commencing at the intersection of
Fifth Street and Woodland Ave1%*4--_*henee east to Front Street; thence
south to Forest Avenue; t7gence West to Fifth Street; thence north to
point of beginning.
12.
Section 7. "Ett Heavy Industrial District Boundaries.
The boundaries cf the "Ett Heavy Industrial District are as follows:
Cormmencing at the intersection of Fifth Street and Forest Avenue;
thence east to Front Street.: thence south to the south line of th#3
Dry Dreek; thence south to the right-of-way of the Union Pacific
Railroad; thence westerly along said line to Dry Creek; thence down.
Dry Creek to point of beginning.
right-of-way
of 15 -he Union Pacific Railroad; thence easterly along
said: line to
b
Ohio Avenue; thence South to the he north line of the
right oJNwvaY
of t1 -11e, IvII-issouri Pacific Railroad; thence westuerlv
along said line
to the intersection of said line with he center
line of "North
Street; thence south to the southerly line of the
right-of-way
of said railroad; the -rice westerly -to the intersection
of said line
v,,rith the south line of Pine Street at a point near the
line
Front Street; thence to Fourth Street;
east of
west thence
north to Lincoln
Avenue (formerly Pacific Street); thence west -to
Fifth Street;
thence north to point of beginning. Also commencing
U U
a-'- the intersection
of Chica:-0 Avenue., in Chicago 2-iddition �At_
C:� , n 11
Dry Dreek; thence south to the right-of-way of the Union Pacific
Railroad; thence westerly along said line to Dry Creek; thence down.
Dry Creek to point of beginning.
13.
Section 8. "All Residence District Uses. That in the "All
Residence District as defined by Section Two hereof, no building,
or premises shall be used, and no building shall be hereafter erected
or altered, unless otherwisd provided in this ordinance, except for
one or more of the following uses;
1. One Family Dwellings.
2. Two Family Dwellings.
3. Churches and Temples.
4. Libraries.
5. Farming and Truck Gardening..
6. Schools and Colleges.
7. Accessory buildings incidental to the above uses
and, located on the same lot ( not involving the
leonduet of a. retail business) including one (14
ppilrate garage, private stable or community garage
when --,,,located not gess than fifty (50) feet from the
front lot line or in a fireproof compartment as a
part of the main building, and including also home
occupations engaged in by the occupants of a dwelling
not involving the conduct of a retail business on
the premises, and including the office of a physician,
surgeon, dentist, musician or artist when situated
in the same dwelling used by such physician, surgeon
dentist, musician or artist as his or her private
dwelling.
0
14.
46
Section 9; "B" Residence District Uses, That in the
"B" Residence District, as defined in the terms of Section two
of this ordinance, no building or premises shall be used and no
building shall be hereafter erected or altered unless otherwise
provided in this ordinance, except for one or more of the follow-
ing -uses:
1. Antt use permitted in the "All Residence District.
2. Apartment Houses,
3. Group Houses.
4. Rcm Houses.
5. Hotels,
6. Private Clubs and Fraternity Houses.
7. Boarding and Dodging Houses.
8. Boathouses.
9. Hospitals.
14. Nurseries and Greenhouses.
11. Institutions of a philanthropic or eleemosynary nature.
12. Accessory buildi gs incidental to the above uses and
located on the same lot, not involving the conduct of
a retail business.
15.
4)
Sectis&n 10. "C" Commercial District Uses. That in
the "C" Commercial District, as defined by Section two of this
ordinance, all bui.ings and premises except as otherwise provided
in the ordinances may be used for any use permitted in the "B"
Residence District or for any other use except the following:
1. Bakery (employing more than five (5) persons).
2. Blacksmith or horseshoeing shop,
3. Bottling works.
4. Building material storage yards.
5. Carting, express, hauling or storage yard.
6. Contractor's plant or storage yard (except during
construction of any building within three hundred
(300) feet).
7. Coal, coke or wood yard.
8. Cooperage 1roorks .
9. Dyeing and cleaning works (employing more than five
(5) persons.
10. Ice Plant or storage houses of more than five (5.)
tons capacity.
11, jorw4ry (employing more than five (5) persons)
12. Livery stable.
13. Lumber yard.
14. Machine shop (employing more than five'(5) persons),
15. Milk distributing stations.
18« Stone yard or monumental works,.
17.. Storage rehouses,
18. Storage, wholesale, of petroleum`or products thereof.
19. Storage or curing of leather, raw hides or skins.
20. All uses excluded from the I'D" Light Industrial
District.
21. Any kind of manufacture or treatment other than the
manufacture or treatment of products clearly incidental
to the conduct of a retail business conducted on
the premises.
160
0
22, A public garage may be established or erected in
a commercial district if, when the permit is issued,
there are on file with the Building inspector, the
written oonseAts of the owners of seventy five per
cent (75%) of all the.prope- thin a radius of
two hundred (2QO) feet of thtpropmsed establish-
ment., PROVIDEI>:'. that this provision shall not apply
to an automobile show or sales room for model cars
wherein less than one-half the floor space is used
for the repair or storage of automobiles which is
incidental to ithellisales department,, PROVID3D., further,,
that no public garage shall have an entrance for motor
vehicles within two hundred (200) feet of an entrance
or exit of a public or private school, playground,
public library, church, hospital, children's or
old people's home.
�J,
1'7
•
0
Section ll. I'D" Light Industrial District Uses. That in
the I'D" Light Industrial District; as defined and fixed by
the terms cif Section Two hereof, all buildings and premises
except as otherwise provided in this ordinance may be used
or
for any use permitted in the "CO Commercial District/for any
other use except the following:
1. Abbatoirs.
2. Acetylene ,gas manufacture.
3. Acid Manufacture.
4. Amonia, bleaching powder of chUrine manufacture.
5. Arsenal.
6. Asphalt manufacture, refining or paving mixture
plants.
7. Blast furnaces.
8. Boiler works.
9. Briok, the or terra cotta manufacture.
10. Candles manufacture,
11. Celluoid manufacture.
12. Coke ovens.
13. Crematory.
14. Creosote treatment or manufacture.
14, Disinfectants manufacture,
15. Uistallation of bones, coal or wood.
17. Dyestuff manufacture.
18. Exterminator and insect poison manufacture.
19. Emery cloth and sand paper manufacture.
20. Fat Rendering,
21. Fertilizer manufacture.
22. Fish smoking and curing.
23. Forge plant.
24. Gas (Illuminating or heating) manufacture.
IN
18,
L
25. Glue, size or gelatine manufacture.
26. Gunpowder manufacture or srorage.
27. Fireworks or explbsive manufacture or storage.
28. Incineration or ved.uction of garbabe, dead animals.,
offal or refuse.
29. Iron, steel, brass or copper mills.
30. Lamp black manufacture,
31, Mills, alfalfa.
32, Oil cloth or linoleum manufacture..
33. Preparation or treatment of oiled, rubber, or leather
,goods in their raw state.
34. Ore reduction.
35. Paint, oil, shellac, turpentine or varnish manufacture.
36. Paper and pulp manufacture,
37. Petroleum refining.
38, Plating works.
39. Potash works.
44. Printing ink manufacture.
41. Pyroxlin manufacture.
42. Round House.
43. Rock crusher.
44. Rubber or gutta percha manufacture or treatment.
45. Salt works.
46. Sauerkrout manufacture.
47. Sausage manufacture.
48. Shoe blacking manufacture.
49. Smelters.
50. Soap manufacture.
51. Soda and compound manufacture.
52. Sto ckyavds .
53. Stone mill or quarry.
54. Storage or baling of scrap paper, iron, bottle, raga
or jun:,
55. Stove poli� manufacture.
19
LI
56. Sulphurie, nitric or bV rochlorie aoid manufacture.
57. Tallow, grease or lard manufacture or refining.
58. Tanning of leather, rawhides or skins.
59. Tar distillation, manufacture or paving mixture plants.
60.. Tar roofing or water prodfing manufacture.
61. Tobacco (shewing) manufacture or treatment.
62,, Vinegar manufacture.
63. Wool pulling or scouring.
64. Yeast plant.
65. And in general those uses vdAch have been declared a
nuisance in any court of record, or which may be
noxious or offensive by reason of the emission of
odor, dust, smoke, gas or noise;"PROVIiDED, however
nothing herein shall be construed to prohibit the
erection olemaintenanee of an industrial use permitted
by this section which shall have not more than $weuty-
five (25) per cent of the floor area devoted to a
prhhibited use which is clearly and customarily incidental
to the primary use.
0
20.
0
Section 12, "E" Heavy Industrial District Uses.
That in the "E" Heavy industrial District., as defined and fixed by
the -terms of Section Two hereof, buildings and premises may be used
for any purpose whatsoever, provided the provisions of the present
01f,iijareafter adopted ordinancebof the City of Salinas regulating
the location or maintenance of nuisances, are complied with,
■
21.
0
0
Section 13. That this ordinance shall not apply to
existing structures nor to the existing use of any building,
but shall apply to any alteration of a building to provide for
its use for a purposei or in any manner different from the use
to w hich it was put before alteration, provided that this
ordinance shall not be construed to prevent"..the restoration
of a building damaged not more than fifty (50) per cent of
its assessed valuation by fire, explosion, act of God, or the
public enemy, or prevent the continuance of the use of such
building, or part thereof, as such use existed at the time of
such damage; nor shall the same be construed to prevent a
change of such existing use under higher classification as
herein provided. And no building which has been damaged as above
provided to the extent of more than fifty ( 54 ) per cent of its
assessed valuation shall be re -built or repaired except in
conformiyy with the regulations contained in this ordinance.
Jhen the boundary line of any use district divides a lot in
single ownership at the tip of the adopt -Ion of this ordinance,
nothing herein shall be construed to prevent the extension of
the use existing on either portion of such parcel of ground for
a distance of not greater than twenty-five (25) feet. The
Board of City Commissioners may authorize in a residence district,
:for a period of not more than two (2) years from the date of
,such permit, a temporary building for commerce or industry in-
cidental to the residential development, PROVIDED, however,
that such permit shall not be renewed. A structure or premises
may be erected or used in any location by a public service cor-
poration or for public utility purposes which the Board of City
Commissioners deems reasonably necessary for the public conven-
ience and welfare. Toe Board of City Commissioners may grant
22.
a, permit for the enlargement of existing building or buildings,,
or erection on the same lot or plot of ground of additional
buildings fvr a trade, business or industry located in a district
restricted against its use., where such enlargement or expansion
of such grade, business or industry will not be dqtrimental to
or tend to alter the eharaeger of the neighborhood*
23.
Section 14. T' at iii order to regulate ate and determine
the area of yat�d.s and other open spaces surrounding buildings
which may hereafter be erected or altered, the City of Salina
is hereby divided into districts of which there shall be four
(4) known as:
"A"
Area District,
IIB"
Area District.
ffC"
Area District.
"D"
Area District.
The City of Salina is hereby divided into four (4) districts
as aforesaid and the boundaries of such districts are as sett
forth in the four (4) suecedding paragraphs of this ordinance.
TVI -Shall be the duty of the City Planning Commission to cause to
be prepared and filed with this ordinance a map showing such
Area Districts as herein created and to make such changes thereon
from time to time as may be required by amendments to this ordin-
ance, the same to be designated gs the 'Area. District Map". No
new building shall be erected, nor shall an existing building
be altered, enlarged or rebuilt, nor shall any open spaces
surrounding any building be encroached upon or reduced in any
manner, except in conroijY with the regulations hereby established
for the district in which such building is located.
4
24.
Section 15.. "A" Area District Boundaries , "All
Area District shall comprise all of that portion of the city
of Salina, Kansas, not included in the B. 0. and D Area
DIs tricts hereinafter provided for,
)
5-,
25.
0
Section 16. "B" Area District Boundaries. The boundaries of
"B" Area Distrisdp are as follows; All that portion of the City of
Salina lying north of the following line; commencing at the inter-
section of Woodland Avenue and Front_ Street; thence west to Fifth
Street; thence north to Pacific Avenue; thence west to Seventh
Street; thence south to Decatur Street; thenre'west-:zto Ninth Street;
thence south4to'Lincoln Avenue; thence gest to the west line of North
Park Addition being the westerly limits of the City of Salina. Also
commencing at the intersection of Park;aStreet and Dry Creek; thence
westerly up Dry -Greek to State Street; thence west -to the northwest
corner of Leavenworth Addition; thence south to the southwest
corner of Leavenworth Addition; thence east to the right-of-way of
the Missouri Pacific Railroad; thence north along said line to its
intersection with the alley which runs east and west between Park
Street and Ash Street; thence east along d.aid alley to College
Avenue; thence north to -Park Street; thence east to Eleventh
Street; thence north to State Street; thence west to Twelfth Street
(south of State Street); thence south to Iron Avenue; thence west to
Twelfth Street (formerly Faulkner .Street); thence south to walnut
Street; thence east to the alley which runs north and south between
Eleventh and Twelfth Streets (South of Walnut Street); thence south
to South Street; thence west to the alley vahich runs north and south
between Eleventh and Twelfth Streets (south of South Street); thence
south to Morrison Avenue; thence east to east line of Ninth Street; thence
south to south west corner of Lot q, Block � Beebe's Addition; thence
east to the west line of Eighth Street; thence easterly to the north
west corner of Lot 2, Block 5, Beebe's Addition; thence east
along south line of Weil Place to north west corner of Lot 1, Block
5, Beebets Addition; thence south to South line of Lot li Berkts
Addition; thence east along the south 11ne of said lot and along
Second
the south line of Lot 5 Block 1, Replat of Beebe's/Addition., to.
17- L�)
0
260
a point one hundred twenty five (125) feet east of the east line of
Sa`kta Fe Avenuep thenee south to the north line of Prescott Avenue;
thence east to the southeast corner of Lot 7, Plat "G"; thence north
along the southerly lines of said Lot and of Lots 12, 15 and 15
of Smith and Colvard's Addition to the Smoky rill River; thence down
said River to Walnut Street; thence west to Fourth Street; thence
south to Mulberry Streetp thence west to Fifth Street; thence south
to South Street; thence west to Seventh Street; thence north to
Walnut Street; thence west to Eighth Street; thence north to
Elm Street; thence west to Ninth Street; thence north to the
southeast corner of Lot 16 on Ninth Street in Bishop's Addition;
thence west along the south line of said lot and of Lots 57 and 58
on Tenth Street in said addition and Lot 14 on Eleventh Street in,
Weavers Addition to the alley which runs north and south between
Eleventh and Twelfth Streets; thence south to the southeast corner
of Lot a on Twelfth Street in Weaverls addition; thence west along
the south line of said lot and along the south line of -the alley
which runs east and west along the North side of Wegver's addition
to Oollege Avenue; thence south to Park Street; thence west to the
point of bwginning. Also all that territory west of Front Street
between Walnut and Ash Streets; and east of the Smoky Rill River
between such points.
Es
27.
Section 17. "C" and "D" Area District Boundaries.
'The boundaries of "Of' Area District and ISD" Area District shall,
until this ordinance shall be further amended, be identical
aanhd such Area District shall comprise all of the land now
wtthin the three Use Districts herein designated as 11011
Commercial District, and nD°t Light Industrial District and
"E" Heavy Industrial District.
a
or
5e_0yion •18. "A" area District, In the ' "Arr Area District,
the minimum nsions of yards and the minimum lot area per family
shall be as follows:
Rear Yard: There shall be a rear yard having a depth o f
not less than twenty (20) feet.
Side Yard: sere shall be a aide yard on each side of the
lot of not less than six (6) feet in width, PROVIDED, however, that
on a lot of record at the time of the adoption of this ordinance, having
a width of less than forty (40) feet and held under a distinct o mer -
ship from adjacent lots, the width of each side yard shall iaot be less
than three (3) feet.
Setback :Where eighty (80) per cent of all the buildings
fronting on one side of a street between two intersecting streets have
observed a minimum setback line from the street line, no building
hereafter erected or altered shall project beyond the setback line so
established, PROVEDED, however, no building shall be required to set back
a distance greater than forty (40) feet from the street line in complying
with this regulation, and PROVIDED, further that this regulation shall
not be interpreted as to reduce the bui3tdable width of a corner lot
facing 4 intersecting street of record at the time of the adoption
of this ordinance, to less than thirty (30) feet, Where there are no
buildings on one side of a street between two intersecting streets, there
shall be a minimum setback of at least twenty (20) Beet.
Lot Area per family: In the "A" Area District no dwelling
shall be hereafter erected or altered to accomodate or make provision
for more than.one family on each three thousand fire hundred (3500)
square feet of lot area, PROVIDED, however, this regulation shall not
prohibit the erection of a building on a lot of record at the time of
the adoption of this ordinance, held under a distinct oMaership from
adjacent lots,
0
2+
Section 19.
IV' Area
District.
In the "B" Area
District, the minimum
dimensions
of yards
and the minimum lot
area per family shall be as follows:
Rear Yard: There shall be a rear yard on each sine of
the :Lot of not less than, t*ent" :126 deet.
Side Yard: There shall be a side yard on each side of
the :Lot of not less than five (5) feet,.
Setback: Where eighty (80) per cent of all the buildings
fronting on one side of a street between two intersecting streets
have observed a minimum setback line from the street line, no
building hereafter erected or altered shall project beyond the
setback line so established, PROVIDED, however., no building shall be
required to set back' a distance greater than forty (40) feet from
the street line in complying _with this regulation, and PROVIDED,
further, that this regulation shall not be interpreted as to reduce
the baildable width of a corner lot facing an intersecting street,
of record at the time of the adoption of this ordinance, to less
than thirty (30) feet.
Tot Area Per Family: Every fuilding hereafter
erected or altered shall provide a lot area of not less than one
one hundred and
thousand/sixty (1160) s r
re feet per family.
11
9a
300
0
Section 20.: "Ott Area District, In the "C" Area District
the mini -mum lot area per family in buildings used for dwelling purposes
shall be as follows:
Rear Yard: There shall be a rear yard of not less than ten
(10) feet ocp corner lots and not less than fifteen (15) feet on
interior lots.
Side Yard: Buildings used for residential purposes shall
have a side yard on each side of the lot of not less than five (5)
feet. In commercial or
shall be not less than `f
Setback: In a
per cent of all the buildings
al districts, a side yard, if provided,
etM
istrict where eighty (80)
oriting e side of the street between
two intersecting streets have observed i setback line fron
the street line, no building_ hereafter erected or altereA shall
project beyond the setback line so established., PROVIDED., however., no
building'shall be required to set back a distance greater than forty
(40) feet from the street line in complying with this regulation,, and
PROVIDED, further., that this regulation shall not be interpreted as to
reduce the buildable width of a corner lot lacing an intersecting
street., of record at the time of the adoption of this ordnance,
to less than thirty (30) feet. !There there are no buildings on one
side of a street between two intersecting streets there shall be a
minimum set back of at least twenty (20) feet*
Cot Area Per Family: In ttLe t'011 Area District every
building hereafter erected or altered shall provide a lot area of
not less than five hundred and eighty (580) square feet per family,
3p ,
1�
314
Section 21. "Dt' Area District. In t#e "D" Area District
buildings may occupy the entire area of lots when used entirely
for commercial or industrial purposes. All buildings or parts of
buildings used for residential purposes shall comply with the
area regulations of the "C" Area District.
0
32.
0
Section 22. Area Distric& Exceptions. That the foregoing
requirements in the area districts shall be subject to the following
exceptions and regulations:
First: For the purpose of the area regulations, a semi-
detached dwelling, group house, or row ho use in the "Bit Residence
District may be considered as one building and occupying one lot.
Second: For purebwes of the area regulations a commercial
building in the "All and "Bit Area District, the Board of Commissioners
may waive the requirements for side yards and rear yards, but if a
side yard is provided it shall have a minimum width as required,
YROVIDED, however, that where -one hundred (10 0) per cent of the
front feet in any clock is zoned, (Commercial ''C" TJse), the setback
requirements may be waived by the Board of City Commissioners for
Commercial buildings.
Third: In computing the depth of a rear yard or
the width of a side yard for any building where such yard opens into
an ally or street, one-half J -J) of such alley or street may be
assumed to be a portion of the yard.
Fourth: Every part of a required yard shall be open
from its lowest point to the sky unobstructed, except for the
ordinary projection of slj:y-line above the bottom of such yards
and except for the projection of sills, belt courses, cornices and
ornamental features.
Fifth: Open or lattice enclosed fire escapes, fire-
proof outside stairways and balconies opening into fire towers„
projecting into a yard not more than five (5) feet, and the
cr dinary projections of chimneys and flues, may be permitted
by the Building Inspector where same are so placed as not to
obstruct the light and ventilation.
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Section 23,E Certificate of Occupancy and compliance.
The existing character of the use and occupancy of premises shall
not be changed nor shall any building, the use of which is proposed
to be altered or changed be hereafter erected or altered, until
a uerti.ficate shall have been issued by the Building Inspector,
staking that the proposed use of such biilding or premises cOmplies
with all of the building and health ordinances of the City of Salina
and with the provisions of this ordinance. Certificates of
occupancy and compliance shall be applied for co -incident with the
application for a building permit and shall be issued within ten (10)
days after the erection or alteration of such buildings shall
have been completed, in conformity with the provision& and of these
regulati&ns. 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 �ee shall be charged for an original
certificate applied for co -incident with the application for a building
permit; for all other certificates or for copies of any original
certificates there shall be a hharge of one (1) dollar for each.
copy thereof. No permit for excavation for or the erection of any
building shall be issued before the application has been made for
a certificate of occupancy and compliance. No building or premises.
may bef,,Ceaupied until such certificate shall have been issued.
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Bection 24. Plats. All applications for building, permits
shall be accompanied by a plat in duplicate drawn to scale, showing
the actual dimensions of the lot to be built upon, the size of the
building to be erected, and such ocher information as may be necessary
to provide for the enforcement of these regulations. A careful record
Of such applications and plats shall be kept in the o ffice of the
Building inspector. At the tilp application is made for the building h`
permit, the lot corners of the lot to be built upon must be established
on the ground to the satisfaction of the Building Inspector. No
yard or other open space provided about any building for the purpose
of complying with the provisions of these regulations shall again
be used as a yard or other open spaces for another building,
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Section 25, Interpretation and purposes;, In the
interpreting and applying the provisions (i this ordinance, they
shall be held to be the minimum requirements for the promotion of
the public safety, health, convenience, comfort, prosperity., general
welfare, and the preservation of personal and property rights. It
is not intended by this ordinance to interfere with or abrogate or annul
any ordinance: ftless regulations, or permits previously adopted or
issued, and not in conflict with any of the provisions of this ordin-
ance or which shall be adopted or issued,, pursuant to J&w.rtlatjneq.�,
to the use of buildings or premises, nor it it intended by this
ordinance to interferflwith or abrogate or annul any easements,
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covenants, or other agreements betweenparties, provided, however,
that where this ordinance imposes a greater restriction upon the use
of buildings or premises or requires larger open spaces than one
imposed or required by such ordinance, rules, regulations or
permits, or by easements, covenants, or agreements, the provisions
of this ordinance shall control. The area and use of all buildings
now under construction and Tuhich were actually under construction in
pursuance to a lawful building permit,, prior to the da -Q -e of -the
first reading of this ordinance, or under a building permit issued
by the Building Inspector previous to the date of adoption of this
ordinaried, shall be unaffected by the provisions of this ordinance,
provided however, (one) that any building may be altered Vo :rhe
extent of not more than fifty per cent of its structural value
and, (tft) that any such building destroyed by fire or other calamity.,
CIU71--e�'7
or for any reason whatsoever,,,,Feeonstructed or -re -erected, s#all ifs
conform to the area and use restrictions for the district in which
such building is located., as shown on the maps accompanying and
made a part of this ordinances or those maps duly amended. Wherever
in this ordinance any street, avenueL; alley, river, creek, or rail-
road right-of-way is referred to as a boundary of any district, the
center line thereof is meant unless otherwise described, except
where either side line thereof is necessary to make proper
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connection with any point or line referred to in the description
of such boundary., in which case line necessary for a complete
description is deemed to be referred to; and where c-Tiy boundary
is 3w�-ziplet-ed by the -ase of lot or bloole, I-Lness -he alez-or:I:
ption,
thereof shall be deemed to include any extension of any such line.,
across any street, alley, right-of-way, river or creek, or part
thereof, as may be necessary to make a complete and unbroken
boundary.
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Section 26* Additions to City Limits, Whenever
any territory is added to the city limits of the City of Salina, such
added territory shall be deemed to be within the district which is
adjoined prior to such inclusion, unless it adjoins two or more of
such districts, in which case the City Planning Commission shAll
make their recommendation to the governing body of the City as to tIM
district or districts to which it is to be attached., and the
governing body in any ordinance providing for its addition to the
City shall designate the districts in which it is to be included*
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Section 27, Violation. Penalty, Any person, firm or
corporation who shall violate, neglect, or refuse to comply with or
who ;shall maintain, use or construct any building, or premises in
violation of any of the provisions of this ordinance shall, upon
due +eon vietion, be fined in any sun not exceeding Five Hundred ($500)
Dollars for each offense and each day that a violation is permitted,
caused or continued to exist shall constitute a separate offense,
and in addition to the above penalty such actions at law or suits
in e4quity may be maintained by the City of Salina or any interested
persons, as may be authorized by law.
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Sorb 28. Validity. Should any sections, clauSe, or
provisions of this ordinance be declared by any court of competent
jurisdiction to be invalid, the sante shell not affect the validity
of the ordinance as a whole or any part thereof, other than the
part so declared to be invalid.
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Section 29. Changes and Amendments, The Board of
Commissioners mays: from time to time, amend, supplement, or change
the boundaries or regulations contained, prescribed, and set forth
in this ordinance; provided such proposed change first be submitted
to the City Planning Commission for its recommendation and report,
and PROVIDED further, that not less than thirty (30) days notice of
such proposed change shall first be published in the official paper
of the City of Salina, and a hearing be granted to any person interest-
ed, at a, time or place specified in said notice. If, however„ a
protest against such amendment, supplement, or change be presented,
duly signed and acknowledged by the oianers of twenty (20) per cent
or more of any frontage proposed to be altered, or by the miners of
twenty (20) per cent of the frontage immediately in the rear thereof,
or by the owners of twenty (20) per cent of the frontage directly
opposite a frontage proposed to be altered, such amendment shall not
be passed except by at least four-fifths (4/5th) of the Board of
Commisd, overs,
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Section 30* Conflicting Provisions Repealed. All
ordinances or parts of ordinances in confliet with any of the
provisions of this ordinance are hereby repealed.
Section 31* When Effective. This ordinance shall
be affective from and after its passage and due publication
once in the official City paper: according to law.
Introduced for first reading November 2nd 1925,
Passed and approved November 23rd 1925.
MaTior.
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