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8/12/2014 - ORDINANCE NUMBER 14-10746- Definitions for Electronic Cigaretts, Electronic Cigarettes Establishments Hookah Establishments and Tobacco Shops to the Zoning Ordinance

 ORDINANCE NUMBER 14-10746

 AN ORDINANCE AMENDING CHAPTER 42, ARTICLE XIV DEFINITIONS BY ADDING: SECTION 41-168.01 ADDING A DEFINITION FOR ELECTRONIC CIGARETTE, SECTION 42-168.02 ADDING A DEFINITION FOR ELECTRONIC CIGARETTE ESTABLISHMENT, SECTION 42-692.01 ADDING A DEFINITION FOR HOOKAH ESTABLISHEMENT AND SECTION 42-782.01 ADDING A DEFINITION OF TOBACCO SHOP; AND AMENDING ARTICLE VI, DIVISION 14 BY AMENDING SECTIONS 42-268, 42-283, 42-303, 42-318, 42-333, 42-363, AND 42-383 PERTAINING TO CONDITIONAL USES IN THE C-2, C-3, C-4, C-5, C-6, I-2, AND I-3 DISTRICTS AND AMENDING ARTICLE IV, GENERAL USE REGULATIONS BY AMENDING SECTION 42-60(3) BY ADDING ELECTRONIC CIGARETTE ESTABLISHMENTS TO THE LIST OF PROHIBITED HOME OCCUPATIONS AND REPEALING THE EXISTING SECTIONS.

 BE IT ORDAINED by the governing body of the city of Salina, Kansas:
 Section 1.  That Chapter 42, Article XIV, Definitions is hereby amended to add Section 42-168.01 adding a definition for electronic cigarette, Section 42-168.02 adding a definition for electronic cigarette establishment, Section 42-629.01 adding a definition for hookah establishment and Section 42-782.01 adding a definition of tobacco shop as follows:
(1) Section 42-168.01 Electronic Cigarette
 “Electronic cigarette” (e-Cigarette) means an electronic and/or battery operated device, that may resemble smoking, that uses an atomizer or similar device that allows users to inhale nicotine vapor or other flavored vapor without fire, smoke or ash (also commonly referred to as an electronic smoking device, electronic vaping device, personal vaporizer, electronic pipe (e-pipe), electronic hookah, e-pen or vapor pen).
(2) Section 42-168.02 Electronic Cigarette establishment
“Electronic Cigarette establishment” is a business establishment that is dedicated primarily to the sale and/or on premise use of devices that utilize a heating element that vaporizes a liquid solution that releases nicotine or a flavored vapor and related accessories, including but not limited to establishments known as e-cigarette lounges, vapor lounges and vapor shops. Related accessories include apparatus, equipment or instruments, whether enclosed or unenclosed, used for inhaling vapor from nicotine enriched solutions or vaporizing controlled substances. 
(3) Section 42-782.01 Tobacco shop
  “Tobacco shop” is free standing business establishment for which more than 50% of the gross floor area is devoted to the display and sale of tobacco products, including electronic cigarettes and related accessories. Related accessories include any apparatus, equipment or instrument used for smoking tobacco and/or inhaling vapor from nicotine enriched solutions and/or the burning or vaporizing of controlled substances.

(4) Section 42-692.01 Hookah establishment
A “hookah establishment” is any business establishment that allows the on-site consumption through the burning or combustion of tobacco or other dried plant material and the inhalation of smoke through one or more communal hookah pipes (also commonly referred to as a hookah, water pipe, shisha or narghile).  For clarification purposes, a hookah establishment shall be considered a separate land use from an e-cigarette establishment or tobacco shop.

Section 2.  That Sections 42-268, 42-283, 42-303, 42-333, 42-362, 42-382 of Chapter 42, Article VI, Division 14 of the Salina Code are hereby amended as follows:
Sec. 42-268.  Conditional uses. 
Conditional uses in the C-2 district are as follows:
(1) Electronic Cigarette establishments;
(2) Hardware stores;
(3) Package liquor stores;
(4) Research laboratories (limited to medical records, statistical research, etc.);
(5) Restaurants, excluding drive-up window service and drive-in establishments;
(6) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(7) Tattoo parlors and body piercing studios;
(8) Taverns;
(9) Telephone exchanges and telephone transmission equipment structures;
(10) Tobacco shops;
(11) All permitted and conditional uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 district.
Sec. 42-283.  Conditional uses.
Conditional uses in the C-3 district are as follows:
(1) Bus stations;
(2) Contractor's offices;
(3)    Electronic cigarette establishments;
(4) Mini-warehouses;
(5) Multiple-family dwellings provided they shall be governed by the R-3 multiple-family residential district requirements. Such requirements shall include consideration of density, yards, off-street parking, lot coverage and all other requirements for multifamily development as required in the R-3 residential district, except that there shall be one (1) additional foot of setback for each two (2) feet of height over thirty-five (35) feet;
(6) Multiple-family dwellings for elderly and/or handicapped persons with the following permitted exceptions to the required bulk and lot size:
a. Minimum lot area: five hundred (500) square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hundred fifty (150) feet except as provided in subsection (5)b.2.ii.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on all sides abutting a street.
ii. Side yard: fifteen (15) feet except there shall be an additional side yard setback of one (1) foot for each two (2) feet of height over fifty (50) feet.
iii. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40) percent.
(7) Tattoo parlors and body piercing studios;
(8) Taverns;
(9) Tobacco shops.
Sec. 42-303.  Conditional uses.
Conditional uses in the C-4 district are as follows:
(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales and service;
(3) Automobile repair;
(4) Car washes;
(5) Church, chapel, temple, synagogue and shrine;
(6) Custom cabinet and woodworking shop;
(7) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure;
(8) Drinking establishments with less than 30% food sales;
(9) Electronic cigarette establishments;
(10) Equipment sales, rental and service, except construction-type equipment;
(11) Food and/or beverage service on an outdoor patio which is accessory to a restaurant or bar, provided that the patio area may not exceed the size or occupant load of the indoor serving space;
(12) Group care facility;
(13) Group day-care centers, provided that such us shall be separated from any commercial or industrial use in accordance with the requirements of the city’s adopted building codes;
(14) Home improvement center;
(15) Outdoor merchandise sales and display area accessory to a retail store, provided that the display area may not exceed the floor area of the store;
(16) Motorcycle sales, rental and service, provided that all display of vehicles is within a completely enclosed building;
(17) Pawn shops;
(18) Private clubs;
(19) Recycling centers;
(20) Residential dwellings, accessory to another principal use on the ground floor of a building, provided that such dwellings may not be located in the front portion of the building, may not occupy more than twenty-five (25) percent of the floor area of the ground floor and shall not be required to provide separate off-street parking.
(21) Residential dwellings located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set forth in Section 42-553 and provided that such development shall comply with the R-3 Multiple-Family District requirements for density and lot size (Section 42-204) in addition to the C-4 bulk regulations;
(22) Residential dwellings for elderly and/or handicapped persons, located on the ground floor or within buildings used principally for residential purposes, provided that parking is provided at one half the ratio set in Section 42-553 and provided that such development shall have a minimum lot area of five hundred (500) square feet per dwelling unit in addition to complying with the C-4 bulk regulations;
(23) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure;
(24) Tattoo parlors/body piercing studio provided that notification of public hearing shall be provided to all property and business owners in the C-4 district;
(25) Teen centers;
(26) Testing and research laboratories;
(27) Tobacco shops;
(28) Warehouse and wholesale houses.
Sec. 42-318.  Conditional uses.
Conditional uses in the C-5 district are as follows:
(1) Amusement parks and skating rinks;
(2) Animal hospitals provided that all pens shall be in an enclosed structure;
(3) Automobile repair;
(4) Electronic cigarette establishments;
(5) Group care facilities;
(6) Group rehabilitation facilities;
(7) Hospitals, sanitariums, rest homes and nursing homes;
(8) Lumber yards;
(9) Mini-warehouses;
(10) Multiple family dwellings provided that:
a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district and parking shall be provided in conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the lot size requirements of the R-3 district (section 42-204) in addition to the bulk regulations in the C-5 district and parking may be provided at one-half ratio set forth in section 42-553.
(11) Multiple family dwellings for elderly and/or handicapped persons provided that:
a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in section 42-203 and parking shall be provided in conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with section 42-553.
(12) Outdoor theatres;
(13) Tattoo parlors and body piercing studios;
(14) Taverns;
(15) Telephone exchanges and telephone transmission equipment structures;
(16) Tobacco shops.
Sec. 42-333.  Conditional uses.
Conditional uses in the C-6 district are as follows:
(1)   Dog racing tracks;
(2)   Electronic cigarette establishments;
(3) Horse racing tracks;
(4) Outdoor theatres;
(5) Tattoo parlors and body piercing studios;
(6) Tire repairs shops, recapping, etc.;
(7) Tobacco shops;
(8) Warehouse and wholesale houses.
Sec. 42-363.  Conditional uses.
Conditional uses in the I-2 district are as follows:
(1) Electronic cigarette establishments;
(2) Junkyard subject to the development limitations in Section 42-366(5);
(3) Salvage yard subject to the development limitations in Section 42-366(5);
(4) Scrap Metal processing subject to the development limitations in Section 42-366(5);
(5) Tobacco shops;
(6) Wrecking yard subject to the development limitations in Section 42-366(5);
Sec. 42-383.  Conditional uses.
Conditional uses in the I-3 district are as follows:
(1) Anhydrous ammonia production and storage subject to the development limitations in Section 42-386(3);
(2) Electronic cigarette establishments;
(3) Explosives manufacture and storage (including fireworks) subject to the development limitations in Section 42-386(3);
(4) Junkyard subject to the development limitations in Section 42-386(3);
(5) Salvage yard subject to the development limitations in Section 42-386(3)
(6) Scrap Metal processing subject to the development limitations in Section 42-386(3);
(7) Tobacco shops;
(8) Wrecking yard subject to the development limitations in Section 42-386(3);

 Section 3.  That Section 42-60 of Chapter 42, Article IV of the Salina Code is hereby amended as follows:
“Sec. 42-60.  Home occupations.
A home occupation may be a permitted accessory us in all residential districts if the following conditions are met:
(1) Restrictions and limitations.
a. The home occupation shall be conducted entirely within the principal residential building, except as provided by this chapter, and such use must be clearly incidental and secondary to the residential use of the building;
b. No more than twenty-five (25) percent of the gross floor area of a dwelling unit shall be devoted to the home occupation, provided however, that rooms let to roomers are not subject to this limitation;
c. No alteration of the principal residential building shall be made that changes the character of that building as a residence;
d. No display of storage of equipment or material outside of a building or structure shall be permitted;
e. No mechanical or electrical equipment other than normal domestic or household equipment shall be used and the home business must not involve the use of hazardous chemicals or flammable liquids;
f. The home business must be operated by a resident of the dwelling, employees or other assistance shall be limited to immediate members of the family residing on the premises;
g. No stock in trade (except articles produced by members of the immediate family) shall be displayed or sold on the premises;
h. No exterior sign or display shall be permitted, except that one non-illuminated wall sign not more than two (2) square feet in sign area may be used to advertise the home occupation;
i. The home occupation shall not project any obnoxious noise, smoke, dust, odor or glare so as to create a nuisance or adverse condition upon adjoining properties or dwelling units;
j. The home occupation shall not generate traffic in a volume that would create a need for parking greater than that which can be accommodated on the premises or which is inconsistent with the normal parking usage of the district;
k. A home occupation conducted in a garage or accessory building shall not be in operation earlier than 7:30 a.m. or later than 10:00 p.m.
l. The operator of a home business must obtain a home occupation certificate from the Zoning Administrator. The certificate is not transferable, it may not be transferred to a different occupant or to a new location.
 (2) Particular home occupations permitted. Permitted home occupations include, but are not limited to, the following list of home occupations, provided, however, that each listed occupation is subject to the restrictions and limitations above:
a. Home teaching or instruction, including music and dance, provided no more than three (3) students are taught at any one time and no more than twelve (12) students per day;
b. Day care homes for children, when property registered with the Salina-Saline County Health Department, provided such homes shall have all yard areas enclosed that are devoted to such use;
c. Artists, sculptors, authors, composers, photographers;
d. Barber and beauty shops, provided that only one chair and operator shall be permitted;
e. Dressmaker, seamstress, tailor;
f. Minister, rabbi, priest;
g. Office facility for realtors, insurance agents, brokers, sales representatives when no exchange of tangible goods is made on the premises;
h. Professional offices for physician, dentist, lawyer, architect, engineer, accountant, bookkeeper or other similar profession;
i. Home crafts, baking, food preparation, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home, including machinery or equipment that would customarily be employed in connection with a hobby or avocation not conducted for gain or profit.
j. Repair of items such as small appliances, personal electronic goods such as radios, televisions and stereos, furniture and hunting and fishing gear provided that the use fully conforms with the performance requirements for home occupations;
k. Hobby breeders, provided that no more than ten (10) dogs are kept on a zoning lot and that the provisions of Section 7-102 have been complied with.
(3) Particular home occupations prohibited:
a. Automobile and other motor vehicle repair and painting services; except for automobile window tinting which is permitted under the provisions of Section 42-60 (4) d.
b. Electronic cigarette establishments;
c. Funeral homes;
d. Medical or dental clinics;
e. Preschools and group day care centers, unless specifically permitted by the district regulations;
f. Rental of trailers, cars or other equipment;
g. Restaurants;
h. Retail sales such as antiques, secondhand merchandise, salesman’s samples, etc;
i. Stables, kennels and animal hospitals;
j. Tattoo parlors and body piercing studios.
(4) Special provisions. A home occupation certificate may be issued by the Board of Zoning Appeals for the following uses, if the Board of Zoning Appeals finds that the proposed use will not have an adverse effect on neighboring properties;
a. Any of the uses listed in subsection (2) above may be conducted in a detached garage or accessory building if the Board of Zoning Appeals finds that the proposed use will conform with the performance requirements for in-home home occupations.
b. Bed and breakfasts, provided the dwelling has no more than six (6) guest rooms and no meeting rooms or convention facilities, and provided that at least one(1) parking space for every two (2) rooms can be accommodated on site:
c. Small engine repair, including lawn mowers, provided that repair activity is conducted within a structure.
d. Automobile window tinting, provided that there shall be no outdoor storage of materials and/or supplies including vehicles or equipment used in the conduct of the business.

 Section 4.  That the existing Sections 42-268, 42-283, 42-303, 42-333, 42-363, 42-383, and 42-60 are hereby repealed.

Section 5.  Summary of ordinance for publication.  This ordinance shall be published by the following summary:

Ordinance No. 14-10746 Summary
On August 11, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10746.  The ordinance adds definitions for electronic cigarette, electronic cigarette establishment, hookah establishment and tobacco shop to the Zoning Ordinance and adds electronic cigarette establishments and tobacco shops to the list of conditional uses allowed in the C-2, C-3, C-4, C-5, C-6, I-2 and I-3 zoning districts. The ordinance makes hookah establishments a prohibited use in all zoning districts by omission from the listed permitted and conditional uses allowed in all zoning districts. A complete copy of the ordinance is available at
www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge.  This summary is certified by the city attorney.
Section 6.  Effective date.  This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
    
       Introduced: August 4, 2014
       Adopted:  August 11, 2014
                                                                    
    Aaron K. Householter, Mayor
[SEAL]

ATTEST:

Shandi Wicks, CMC, City Clerk

Certification of Publication Summary:

______________________________
Greg A. Bengtson, City Attorney