Salina City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 235-26 Supplemental district regulations.
All special permit uses shall conform to the supplemental district regulations for the district in which they are to be located, in addition to the regulations set forth in § 235-42, and which are not inconsistent therewith.
The minimum yard dimensions specified herein, subject to Planning Board approval, shall include any additional planting-strip widths required in § 235-29, Physical buffer requirements.
In any district, no fence, except as otherwise permitted by the Fence Ordinance,[1] wall or structure shall be located within the required front yard. In any case, no fence, wall, hedge or similar structure or planting shall be permitted closer than 15 feet to any pavement edge of a public highway. On corner lots, no such planting or structure shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining said street lines at a point which is 30 feet distant from the point of intersection measured along said street line.
Where any residential district is bounded by a portion of any other district devoted to business purposes, then any side street extending through such residential district into such business use district shall not be used for any business purpose. The business structure shall face upon and open on the street set aside for business purposes, except that show windows in such business structure may be built and exposed upon said side street within the area set aside as part of such business district. All entrances and exits from said business use shall be into the business street and not on the residential street. No street extending through any R District shall be used for egress or ingress to premises used for any purpose other than any R District purpose.
Uses within front yard.
[Amended 3-23-1998 by Ord. No. 1998-2]
Within the front yard, no parking areas or parking of cars shall be allowed in any residentially zoned district except within established driveways.
Within the front yard, no parking areas or parking of vehicles shall be allowed within any commercial, office or industrial district, except as permitted by the Planning Board pursuant to site plan approval pursuant to § 235-41 of this chapter.
Within the front yard, no display of goods, storage of any goods, materials, waste, junk or any other use shall be permitted, except pedestrian walkways, aesthetic improvements, driveways or parking areas herein permitted.
The use of property in residential districts for what are commonly termed home occupations is expressly prohibited and shall not be considered accessory uses; these shall include but not be limited to any undertaking pursued for profit as distinguished from hobbies. Radio towers, tree houses and structures designed for similar purposes shall not be considered accessory uses or structures and shall be prohibited in all residential districts.
§ 235-27 Advertising-device regulations.
Purpose and intent. The purpose of this section is to enhance and protect the physical appearance of the Town and to promote the public welfare and safety by regulating existing and proposed outdoor advertising devices of all types, to eliminate and prevent community ugliness, aesthetic deterioration and the distraction of the traveling public and the occupants of neighboring properties caused by the location and/or animation of outdoor advertising devices, and also to provide the business community a reasonable and practical amount of advertising devices considering the specific circumstances of the Town.
General regulations.
No advertising device permitted herein shall:
Consist of moving, rotating or otherwise animated parts.
Consist of banners, bunting, pennants, pinwheels, posters, ribbons, spinners, streamers or similar devices.
Be illuminated by or contain lights of varying intensity, strings of lights or flashing, intermittent, moving, rotating or otherwise animated lights.
Obstruct any fire escape, window, door or opening used as a means of egress, ventilation or for fire-fighting purposes.
Extend, project over or be located on any public highway, land, right-of-way or adjacent property.
No advertising device shall be permitted in any district except as provided herein, and no advertising device other than a billboard may be permitted on any lot other than the lot on which the goods, products, services, facilities or similar items displayed, promoted or advertised by such advertising device are conducted, sold, provided or offered thereon.
[Amended 11-27-2000]
No advertising device attached to any building or structure shall extend above the height of the wall upon which it is attached or project more than 12 inches from the front or face thereof nor, except as otherwise provided herein, be attached to any part of the structure other than the front of a principal structure.
No advertising device shall be placed on the roof of any building.
Freestanding advertising devices. Except as otherwise provided hereafter, all freestanding advertising devices (signs) shall:
Be located in the front yard of a lot, but not in a side yard.
Not be located any less than 10 feet from the property boundary.
Where permitted in commercial, office or industrial districts, be not more than 20 feet in height from the highest point of said sign, including supporting structures, to the average finished grade below said sign, nor, when located less than 25 feet from the property boundary or street line, be less than eight feet in height from the average finished grade below said sign to the lowest point of said sign, excluding vertical support structures, which vertical support structures shall not be more than one foot wide nor less than three feet in distance from each other; except that one monument-type freestanding sign not exceeding four feet in height and located not less than 15 feet from any property line, and not located as to impair visibility for motorists, shall be allowed.
If made nonconforming by a change in the property line, be relocated within 30 days after such change to conform to the minimum requirements herein or be removed.
Have the total area of such for the purposes of this chapter determined by the measurement of one display face or side thereof.
Not have more than two sides containing advertising displays, nor shall said display sides be more than two feet apart from each other at any point thereof.
Nonconforming signs.
Notwithstanding any other provisions of this chapter, any advertising devices for uses, structures or products contained on the lot on which said devices are located which are or become legal nonconforming uses or structures on the date of the enactment of this chapter, shall become, on January 1, 1989, prohibited and unlawful uses and/or structures and shall be discontinued and removed. A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair, and any such expenditure shall not extend the date required for removal thereof as set forth herein.
All advertising devices, finishes thereof, supports and appurtenances shall be kept clean, in good repair and free from all hazards. If the Director of Planning and Development shall find that any advertising device is abandoned, unsafe or insecure or may be dangerous to the health or safety of the public, he shall give written notice to the named owner of the land on which said device is located to remove or repair the sign within 30 days from the date of the notice. If said device is not removed or repaired within said time period, the Director of Planning and Development may revoke the permit issued for such device and may remove or repair the device and assess the owner for all costs incurred for such service. The Director of Planning and Development may cause any advertising device which is a source of immediate peril to persons or property to be removed immediately and without notice.
For the purposes of determining sign area within this section, the front of the building shall be measured along the building side facing the street address.
Window signs. No more than one permanent sign per window and a maximum of two per business shall be allowed. The area of such window signs shall not exceed 25% of the window surface or four square feet, whichever is less.
Permitted advertising devices. The following advertising devices, hereinafter referred to as "signs," shall be permitted in the following use districts:
In R-T and R-O Use Districts:
For identification of a park as permitted in either district, one freestanding sign for each highway entrance, the maximum area of said sign not to exceed 16 feet, the distance of said sign from the property boundary or street line to be not less than 25 feet and the maximum height of said sign, including supporting structures above the average finished grade below said sign, to be four feet.
For all other uses in said districts, one sign per lot, either freestanding or attached to the front face of the principal structure, the maximum area of said sign not to exceed four square feet and the maximum height of said sign, including supporting structures, to be four feet above the average finished grade below said sign.
In R-4 Use Districts: to identify apartment developments on a single lot under one ownership, which contain not less than 30 dwelling units, one freestanding sign not exceeding 20 square feet in area, located not less than 25 feet from any property line or more than 10 feet in height measured from grade to the highest point shall be permitted for each entrance on a different street or highway.
In C-1 and O-1 Use Districts: for each principal structure on a lot, one sign attached to the front face of said principal structure, with a maximum area of 16 square feet.
In C-2 and I-1 Use Districts:
One freestanding sign per lot and attached signs, the maximum number of attached signs not to exceed the number of separate and distinct business entities within the principal structure or on the lot.
The total cumulative square footage of all signs, whether freestanding or attached, permitted on a lot (total area) shall not exceed 1 1/2 square feet of sign(s) for each linear foot of front building wall of the principal structure.
Up to 35% of the total cumulative square feet allowed for all signs permitted on the lot, or 24 square feet, whichever is greater, but not more than 300 square feet, may be used for the one freestanding sign permitted on each lot.
In C-3 Use Districts:
For shopping centers, one freestanding sign with a maximum area of 100 square feet for each major highway frontage on which there is an exit or entrance thereto, which shall constitute the permitted detached sign for all uses in the shopping center, located no less than 25 feet from the property boundary.
For each separate and distinct business in a shopping center, one sign attached to the front face of the structure in which said business is located, with a maximum area of 1 1/2 square feet of sign for each linear foot of front building wall occupied by the particular business.
For all other uses in said district other than shopping centers, such signs as are permitted in C-2 Districts as set forth above.
In O-2 Use Districts:
For identification of an office park, one freestanding sign for each highway entrance of the park, with a maximum area of said sign of 32 square feet.
For all other uses, one sign per lot, attached to the front face of each principal structure, of a maximum area of said sign equal to 1 1/2 square feet of sign for each linear foot of the front building wall of the structure.
Corner lots. On corner lots in all districts, in addition to the permitted number of attached signs on the front wall of the principal structure, additional attached signs shall be permitted on the side wall facing the side street for any separate and distinct business entities using or possessing a part of the side portion of the principal structure on the side street. The use of said additional attached signs on the side of any principal structure shall not, however, increase the total cumulative square footage of permitted signs.
Religious and educational facilities within residential districts. Any religious or educational facility permitted in a residential district shall be allowed one freestanding sign, not exceeding 24 square feet in area or 10 feet in height measured from grade to highest point, and located not less than 25 feet from a street boundary at the property line or less than 10 feet from any other property line. If such use is located on a corner lot, with entrances on both adjacent streets, one freestanding sign not exceeding 12 square feet in area, located and of such height as hereinabove specified, shall be permitted on each of the two streets adjacent thereto.
[Added 3-27-2000]
Temporary signs.
Real estate signs. In any use district, one freestanding temporary real estate sign per realtor shall be permitted on each site, parcel or lot which is being offered for sale or for lease. Said sign shall not be illuminated, shall not be located within 10 feet of any property boundary or street line or 30 feet from the paved edge of highway and gutter, whichever distance is greater, and shall not exceed five feet in height above grade. In any commercial district, each sign shall not exceed 16 square feet in size. In any residential district, each sign shall not exceed four square feet in size.
Construction signs. For the purpose of projects under construction, one freestanding construction site sign identifying said construction, but not exceeding 32 square feet in area. Such sign shall be removed upon the issuance of a certificate of occupancy for the project being constructed or, in the event of a residential subdivision, upon the sale of the last lot therein, but in either case no later than 36 months from the date of the first building permit for construction or the obtaining of a sign permit, whichever is earlier.
Political signs. Political posters, banners, promotional devices and similar signs are allowed, not exceeding six square feet in any residentially zoned district nor 32 square feet in any commercial, industrial or office district; and not located within any public right-of-way. Such signs shall not be placed prior to six weeks before the election to which such signs pertain, and such signs shall be removed within one week after the date of said election.
Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.
Accessory signs to direct traffic. In any use district, one freestanding sign to direct traffic shall be permitted each principal structure on a lot. Said sign shall not exceed two square feet in area, shall not be illuminated, shall not be located within 10 feet of any property boundary and shall not exceed three feet above grade. Such sign shall not contain any property identification or advertising.
Billboards.
Billboards shall be permitted in I-1 Districts, subject to the special use permit section of this chapter and upon the further specific findings based on evidence presented at the public hearing that, by reason of its size, design, location and proximity to the highway, other structures, advertising devices or billboards, such proposed billboard will not unreasonably obstruct or interfere with the view of the neighboring structures, distract motorists or impair the reasonable development of neighboring land or of existing landscape or particular natural beauty.
[Amended 11-27-2000]
The Planning Board, in reviewing an application for a special permit for a billboard, shall take into consideration the density of such use for the purpose of protecting highway safety and land use values.
All billboards shall be subject to all regulations contained in Article III, District Regulations, for the specific district, of this chapter.
Billboards shall be permitted to have changeable copy messages and images subject to restrictions herein.
[Added 10-15-2013 by L.L. No. 4-2013]
No animation shall be allowed on any billboard.
[Added 10-15-2013 by L.L. No. 4-2013]
All structures supporting a billboard shall be fixed in position. None shall rotate or otherwise change position.
[Added 10-15-2013 by L.L. No. 4-2013]
No audio or sound producing devices shall be installed with any billboard.
[Added 10-15-2013 by L.L. No. 4-2013]
Minimum hold time of any message or image shall be eight seconds.
[Added 10-15-2013 by L.L. No. 4-2013]
Each billboard shall have a mechanism whereby the billboard is shut down or the image remains static in case of malfunctioning.
[Added 10-15-2013 by L.L. No. 4-2013]
The transition from one message or image to the next shall be no greater than one second.
[Added 10-15-2013 by L.L. No. 4-2013]
No billboard shall exhibit messages or images which flash with rapid changes of light or color, have scrolling features, such as moving text, have rippling effects or project rolling or sudden or intense changes. The transition from image to image shall be smooth and nondistracting.
[Added 10-15-2013 by L.L. No. 4-2013]
As per the recommendations of the Federal Highway Administration, brightness of light-emitting sign faces shall be adjusted in response to changes in light levels so that signs are not unreasonably bright for the safety of the motoring public. Control of brightness shall also be required so that the billboards are not obtrusive with respect to their surroundings.
[Added 10-15-2013 by L.L. No. 4-2013]
No light-emitting sign face of a billboard at any time during daylight hours shall exceed a maximum brightness of 7,500 NITS as measured from the brightest part of the sign face.
[Added 10-15-2013 by L.L. No. 4-2013]
At no time from dusk to dawn shall maximum brightness as measured from the part of the sign face exceed 500 NITS.
[Added 10-15-2013 by L.L. No. 4-2013]
If, at any time on-site inspection by duly authorized and qualified representatives of the Town, the operating brightness levels appear to be excessive for effective legibility of the sign copy, the maximum brightness levels may be lowered for individual sign faces.
[Added 10-15-2013 by L.L. No. 4-2013]
All installations shall be equipped with photo-cell light detectors which measure the ambient light conditions and relay such information to appropriate control devices regulating the brightness of the sign face.
[Added 10-15-2013 by L.L. No. 4-2013]
Under darkened ambient light conditions, the light detector shall correspondently trigger the projected of the sign faces to dim to a level no more necessary than to allow effective legibility of sign copy.
[Added 10-15-2013 by L.L. No. 4-2013]
The light sensors may be required by the Town to be inspected where questions of malfunctioning arise.
[Added 10-15-2013 by L.L. No. 4-2013]
Billboards that have light-emitting faces shall be no closer than:
Five hundred feet from each other, if oriented in the same direction, and shall consist of no more than one sign face in that direction at any location; or
Seven hundred fifty feet from the nearest existing residence or Residential or Agricultural District.
[Added 10-15-2013 by L.L. No. 4-2013]
Accessory signs with respect to gasoline service facilities. In any use district, a gasoline service facility may be permitted the following additional signs:
Permits. No advertising devices except temporary real estate signs, including "for sale," "lease," "rent" or "garage sale," shall be erected without a sign permit therefor having been issued by the Director of Planning and Development. No change or alteration in the size, location or composition of an existing or hereinafter erected sign, including any change, alteration or modification of the lettering, display, copy or emblems thereon, shall be made without obtaining a sign permit for such change from the Director.
§ 235-28 Lighting regulations.
Intent. The intent of this section is to enhance and protect the physical appearance of the Town and to promote the public welfare and safety by regulating existing and proposed outdoor lighting structures and luminaries. It is the specific intent to eliminate and prevent community ugliness, aesthetic deterioration and distraction of the traveling public and occupants of neighboring properties as caused by the location and animation of lighting structures and luminaries.
General regulations.
Except as otherwise provided by law, no lighting device shall be constructed or placed in any use district which:
Consists of moving, rotating or otherwise animated parts, strings of lights or lights of varying intensity such as flashing, intermittent, moving, rotating or otherwise animated lights.
Is so placed as to aim or direct a light beam or reflection upon or toward any public highway, land, right-of-way or adjacent property. This shall not be construed to prohibit safeguard lighting aimed directly at principal structures to prevent unlawful entry of premises during hours of darkness.
Is so placed as to cause glare or reflection that constitutes a hazard or nuisance to on-site or off-site vehicular and pedestrian traffic circulation.
With respect to all legal nonconforming lighting devices, this section of the chapter shall take effect January 1, 1970, after which all legal nonconforming uses shall become a prohibited and unlawful use and shall be discontinued.
This section shall not apply to traffic-control lighting or lighting as provided by law.
§ 235-29 Physical buffer requirements.
Intent. It is the intent of this section to provide buffer areas or corridors separating residential and nonresidential districts and separating nonresidential uses to:
Provide an aesthetic transition between adjacent residential and nonresidential use areas.
Protect the cohesiveness and the character of residential living environments.
Uphold residential property values and investments adjacent to nonresidential use areas.
Shield residential districts from illumination, headlights, fumes, blowing papers and dust and from driveways and off-street parking and loading areas.
General regulations.
The requirements of this section shall be applicable in all instances where a building permit for a permitted use or an alteration to an existing use is requested in any district, except alterations to existing permitted residential uses in R-1, R-1A, R-2 and R-3 Districts.
The construction and maintenance of required physical buffers or corridors shall be the responsibility of the owner of the property for which the building permit is requested.
No other use or structure shall be permitted within a required physical buffer area or corridor, including parking and loading spaces and maneuvering areas necessary thereto.
Buffer requirements between use districts and nonresidential uses.
The required physical buffer or corridor between residential districts and all nonresidential districts; between R-1, R-1A, R-2, R-3 and R-4 Districts; and between all nonresidential uses and other uses shall be determined by the Planning Board.
In determining the requirements for the buffer or corridor, the Board shall consider health and safety, as well as characteristics of the land.
A buffer strip may contain plantings, including trees and/or shrubs, or fences of a height to be determined by the Planning Board. All such buffer strips or corridors shall be clearly shown on any plot plan finally approved by such Planning Board.
Notwithstanding the above, the Planning Board shall have the right, in its sole discretion, to require a buffer area taking into consideration the factors of health, safety and welfare of the residents.
§ 235-30 Environmental regulations.
No activities and/or use of land within any district shall be permitted which causes the emission of light rays, obnoxious and/or dangerous fumes and odors, heat waves, water or steam, and all organic or inorganic materials which tend to pollute air or water, beyond the property lines of the source of said emissions. All activities and/or uses which cause transmission of electronic frequencies of any wave length are similarly prohibited, except those which are conducted in accordance with the requirements of applicable local, state or federal regulatory agencies. All activities and/or uses which generate sound frequencies and/or vibrations not necessary or incidental to the use and enjoyment of property or which are so intense as to be considered a nuisance are similarly prohibited.
No garbage, refuse, chemical waste matter or similar items shall be stored outside a structure unless placed in enclosed containers adequate to prevent spillage, odors or infestation by vermin and under no circumstances for a period extending beyond the next regularly scheduled refuse collection date, but in no event beyond 10 days, it being the intent of this provision to promote private refuse collection where otherwise unavailable.
All determinations of prohibited activities and/or uses shall be made by the enforcement officer, and any appeal from his determination shall be made to the Board of Appeals within 10 days of notification by said officer to the owner, tenant or occupant of the property responsible therefor, provided that said officer may direct all such activities and/or uses to be terminated or modified at any time pending such appeal if in his opinion there is imminent danger to life or property.
§ 235-31 Off-street parking and loading requirements.
General regulations.
All off-street parking and loading requirements of this section, including maneuvering space, shall be located on the site of the use served thereby; provided, however, that up to 50% of said spaces may be located at an off-site parking area, subject to the requirements and procedures of the special use permit section of this chapter, upon the specific findings of the Planning Board that:
[Amended 3-23-1998 by Ord. No. 1998-2]
It is impossible to provide parking at the same site as the permitted use without practical difficulties peculiar to the site.
The off-site parking area is readily accessible, will not have an adverse effect on adjacent uses and is owned in common with the principal sites.
The off-site parking area is located within 500 feet of the site of the use served thereby.
One or more uses may utilize a common area to satisfy the requirements of this section, provided that at no time shall the number of spaces be less than required for the maximum uses during regular business hours, it being the intention of this provision to encourage cooperative parking facilities and provide for situations where business hours are staggered and overlapping.
No change in the number, size, location or screening of parking and maneuvering spaces existing on the effective date of this chapter shall transpire which shall make the same more nonconforming in character. No change in the use of a structure or land existing on the effective date of this chapter shall be permitted unless the required spaces for the use as changed in its entirety are provided in accordance with this section, it being the intention of this provision to treat changed uses as new ones.
Outdoor storage of vehicles.
No commercial or business vehicle with a maximum gross weight in excess of 7,000 pounds and no racing or stock cars shall be stored outdoors in any residential district.
Recreation vehicles, including snowmobiles, motorcycles, boats and trailers and motor homes, are allowed and may be parked or stored outdoors in any residential district, provided that no part or projection thereof is located within the front yard, except in established driveways and except if the recreational vehicle is 10 feet or more from the edge of the pavement. All other types of vehicles are prohibited. Notwithstanding the foregoing, property owners within the Town of Salina may seek relief from this provision by virtue of obtaining a special permit subject to the requirements and provisions of § 235-42 of this Code.
[Amended 6-10-2024 by L.L. No. 3-2024]
All off-street parking, loading, driveway, maneuvering and aisle areas shall be surfaced with all-weather dustless material and shall be clearly defined by landscaping, walls, curbing or similar controlling devices designed to direct the flow of traffic and to distinguish individual parking and loading spaces.
Each parking space shall be not less than nine feet wide and 19 feet long, and each loading space shall not be less than 15 feet wide and 50 feet long, all spaces exclusive of aisles and maneuvering area. All aisles shall be at least 20 feet in width.
Notwithstanding any other provisions of this chapter, and except as otherwise specified in this chapter, all nonconforming off-street parking and loading areas on the date of this chapter shall conform to the provisions of this section on or before January 1, 1972.
Snow storage. Each parking lot or area shall provide for a system of snow removal and have sufficient on-site snow storage. Buffer areas may be used to store snow; however, snow may not be deposited in the front yard or in any public right-of-way so that such snow would impair visibility. The Planning Board may require the provision of additional snow storage areas during site plan review.
[Added 3-23-1998 by Ord. No. 1998-2]
Parking requirements. Off-street parking spaces shall be provided in accordance with the following schedule:
One-family, two-family and multiple dwellings; mobile homes: two spaces for each dwelling unit.
Group quarters (excluding care homes, nursing homes and homes for the aged): one space for each bed.
Hospitals and group quarters not referred to in Subsection B(2) above: one space for each staff, visiting staff and employee based on the maximum employment on a single shift, plus one space for each two patient beds.
Hotels: one space for each guest bedroom.
Restaurants: one space for each 80 square feet of gross floor area.
Drive-in restaurants: 55 parking spaces.
Packaged-food restaurants: 15 parking spaces.
Shopping centers: one space for each 180 square feet of gross floor area, said spaces set back at least 20 feet from any street line or property line.
Retail stores not otherwise specified herein: one space for each 100 square feet of gross floor area used for sales purposes.
Banks; furniture stores: one space for each 300 square feet of gross floor area.
Dry-cleaning and laundry establishments: 15 parking spaces.
Bowling alleys: six spaces for each alley.
Places of assembly, funeral homes and theaters: one space for every three seats, based on maximum seating capacity.
Gasoline service facility: one space for each employee, one space for each 100 square feet of gross floor area used for retail sales purposes and two spaces for each 300 square feet of motor vehicle repair space.
Vehicle-washing establishments: five waiting spaces for each self-service bay; 15 waiting spaces for each automatic service bay.
Motor vehicle, mobile home and trailer sales: 10% of total sales area for customer parking (minimum of two parking spaces); in addition, there shall be provided one parking space for each employee.
Offices, excluding those referred to in Subsection B(18) below: one space for each 200 square feet of gross floor area used for office purposes.
Offices of physicians and dentists; clinics: four spaces for each employer and each employee.
Industrial, manufacturing, warehousing, storage and freight terminals: one space for each employee, based on the maximum employment on a single shift, plus one space for each business vehicle.
Golf courses: three spaces per green, in addition to those required for restaurants and other related uses.
Other uses not specified herein: as determined by the Board of Appeals.
Day-care facilities: one space for each employee plus one space for each five children.
Off-street loading requirements. All permitted uses which require the delivery or export of goods, products, services, etc., shall be provided with off-street loading spaces in sufficient number to meet loading demands on the premises. In no case shall the number of off-street loading spaces be less than that specified in the following schedule:
Gross Floor Area of Structure or Use (square feet) | Minimum Number of Off-Street Loading Spaces |
|---|---|
Less than 40,000 | 1 |
10,000 to 100,000 | 2 |
100,000 to 250,000 | 4 |
More than 250,000 | 4, plus 1 space for each additional 100,000 square feet over 250,000 |
§ 235-32 Swimming pools.
No building permit for the erection or maintenance of a swimming pool shall be issued except upon compliance with the following provisions:
Application shall be accompanied by a map or survey showing the exact location of the pool with reference to lot side lines, existing buildings, water mains, electric lines, gas lines and sewer lines. The location of a swimming pool on the property must conform to the district regulations of the Zoning Ordinance of the Town of Salina, except that the location of a swimming pool shall be not less than five feet from the rear or side lot line and at least ten feet from any principal or other accessory structure on such property, and not within any easement or right-of-way. The application shall show the manner and method of disposal of water.
[Amended 8-28-2000]
Pool enclosures.
[Amended 8-28-2000]
Every swimming pool shall be completely enclosed by an enclosure consisting of a wall or fence not less than four feet in height with no opening therein, except a door or gate, larger than two and three-eighths inches square, except that an aboveground pool not less than four feet above the adjacent ground level may have a fence not less than two feet above the pool wall, enclosing the area of the pool, with no opening larger than three inches, other than a self-closing and self-latching door, gate or locking ladder.
No pool shall contain any brace or structural element or any supporting wall, fence or enclosure which would allow a foothold.
Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting as shall shine into or upon the pool and cast no light or reflections onto abutting properties.
Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenances.
Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edge of the pool and any fence erected around the pool.
Disposal of wastewater. Wastewater shall not be discharged into any public sanitary sewer of the Town of Salina. Wastewater shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street.
Filling. No pool having water capacity in excess of 100 gallons shall be filled or added to between the hours of 7:00 a.m. and 10:00 p.m. No pool shall be filled or added to at any time during the effectiveness of emergency water orders or measures.
Existing pools. Existing pools shall be made to conform to all provisions of this section and shall be made to comply within 30 days of the adoption of this chapter.
Abandonment. Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and the Director of Planning and Development shall be notified thereof. Discontinuance of use and maintenance as a pool for 12 months or more shall constitute abandonment within the meaning of this provision.
§ 235-33 Accessory structures.
[Amended 8-28-2000; 5-24-2021 by L.L. No. 5-2021; 9-8-2025 by L.L. No. 11-2025]
Detached accessory structures.
All detached accessory structures, including but not limited to sheds, limited accessory structures and garages, but excluding signs erected in accordance with § 235-27 of this chapter, shall not be located closer than 10 feet to the principal structure and shall not be located within the front yard, required side or required rear yard of the principal structure. However, on lots in residential districts containing one-family or two-family dwelling sheds, but not garages, which do not exceed 120 square feet of lot coverage, nor contain a side larger than 12 feet, nor exceed a height of 12 feet from grade to the highest point, may be located within the rear yard of the lot but not in a public easement nor closer than six feet to the rear or side lot line.
Detached garages. No detached garages in any residentially zoned district shall exceed 700 square feet in floor area or 15 feet in height or be located closer than 10 feet to any principal or other structure, except that such parcels in said districts with four or more residential dwelling units thereon may have a cumulative floor area not exceeding 240 square feet for each residential dwelling unit thereon, when approved by the Zoning Board of Appeals during site plan review. However, on lots in residential districts containing one-family or two-family dwelling detached garages, which do not exceed 700 square feet in floor area or 15 feet in height from grade to the highest point, may be located within the rear yard of the lot but not in a public easement nor closer than six feet to the rear or side lot line.
Limit on number of sheds, detached garages and other select accessory structures. In addition to all requirements set forth in this Town Code, on lots in residential districts containing one-family or two-family dwellings, only one shed shall be permitted per lot. In addition to all requirements set forth in this Town Code, on lots in residential districts containing one-family or two-family dwellings, only one detached garage shall be permitted per lot. In addition to all requirements set forth in this Town Code, on lots in residential districts containing one-family or two-family dwellings, only one limited accessory structure shall be permitted per lot. For purposes of this subsection, a limited accessory structure shall include cabanas, pool houses and like accessory structures.
No detached accessory structure, including but not limited to a shed, garage, or limited accessory structure may be made, in part or in whole, out of a storage container or storage container material.
Open decks and porches.
Freestanding or attached open decks or porches located in the rear yard of a townhouse structure shall not extend more than sixteen feet from the rear wall nor, in any case, into the required rear yard setback or be located within five feet of any municipal easement or right-of-way.
No open decks or porches shall be located closer to the side yard than five feet, except that those decks or porches attached to a townhouse may be located to within three feet of an interior lot line, provided that there are six feet between the deck or porch and the deck or porch in the adjoining yard.
Open decks or porches extending 10 feet or more from the main structure can be attached to a pool, provided that the inside of the pool wall is 10 feet from the main structure.
§ 235-34 Nonconforming elements.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such does not conform to the provisions of this chapter, subject to the following conditions:
Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority must be restored to a safe condition or demolished.
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the full value of the building unless said building is changed to a conforming use.
Extension. A nonconforming use shall not be extended or enlarged, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
Restoration. No building damaged by fire or other causes to the extent of more than 50% of its full value shall be repaired or rebuilt except in conformity with the regulations of this chapter.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to anything other than a conforming use.
Displacement. No nonconforming use shall be extended to displace a conforming use.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
Cessation. Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junkyard in existence in any residential district (all R Districts) or in any other district where such use is not specifically permitted at the date of enactment of this amendment shall, at the expiration of three years from such date, become a prohibited and unlawful use and shall be discontinued.
§ 235-35 Communications towers.
[Added 3-23-1998 by Ord. No. 1998-2]
Legislative intent. The Town of Salina recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower. The intent of this section is to protect the Town's interest in siting towers in a manner consistent with sound land use planning by minimizing visual effects of towers through careful design, siting and vegetative screening; avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures; and maximizing use of any new or existing tower and encouraging the use of existing buildings and/or structures to reduce the number of towers needed; while also allowing wireless service providers to meet their technological and service objectives for the benefit of the public.
Approvals required for telecommunications facilities.
Telecommunications facilities comprised of collocated antennas utilizing existing buildings or structures other than towers shall be permitted in any district upon the issuance of a building permit, issued pursuant to § 121-10 of this Code.
Collocated antennas on existing towers shall be permitted as follows:
In any commercially zoned district (C-1, C-2 or C-3) or professional office district (O-1), collocation of antennas on existing towers shall be permitted after site plan approval by the Planning Board pursuant to § 235-41 of this chapter, subject to the height limitations of the specific district.
In any office and light industrial district (O-2) or industrial district (I-1) collocation of antennas on existing towers shall be permitted after site plan approval by the Planning Board pursuant to § 235-41 of this chapter, subject to the height limitation of two times the height limitations of the specific district.
New towers. Telecommunications facilities requiring construction of a new tower also shall be deemed a permitted use in any commercial, office or industrial district, but shall require the following permits and/or approvals:
In O-2 Office and Light Industrial Park Districts and I-1 Industrial Districts where the proposed tower location is more than 500 feet from any adjoining residential use and the proposed tower is 150 feet or less in height, site plan approval and a special permit issued by the Planning Board shall be required in accordance with the standards set forth in this section and in §§ 235-41 and 235-42 of this chapter.
In all commercial districts (C-1, C-2, and C-3) and O-1 Professional Office Districts, telecommunications facilities requiring construction of a new tower shall require the issuance of a special permit and site plan approval by the Planning Board and shall be limited in height to two times the maximum height set forth for the district within which the proposed tower is to be located, in addition to the standards set forth in Subsections C and D of this section.
Application materials and supporting documentation.
For each telecommunications facility requiring only a building permit, the applicant shall submit a written application and such other supporting materials as are generally required for such permits under § 121-11 of this Code.
For each telecommunications facility requiring a special permit, the applicant shall submit a written application for such permit to the Planning Board on the form prescribed.
Each applicant for a telecommunications facility, other than a telecommunications facility requiring only the issuance of a building permit, shall submit an environmental assessment form (long form), with visual addendum, and an analysis demonstrating that location of the telecommunications facility as proposed is necessary to meet the frequency reuse and spacing needs of the applicant's telecommunications system and to provide adequate service and coverage to the intended area. In addition, each applicant shall submit a site plan prepared to scale and at a minimum, in accordance with § 235-41 of this chapter, and showing the following additional details:
The exact location of the proposed telecommunications facility and/or tower, together with any guy wires and guy anchors, if applicable.
The maximum height of the proposed telecommunications facility and/or tower.
A detail of tower type (monopole, guyed, freestanding or other).
The location, type and intensity of any lighting on the tower.
Property boundaries and names of adjacent landowners.
Proof of the landowners' consent if the applicant does not own the property.
The location of all other structures on the property and all structures on any adjacent property within 10 feet of the property lines, together with the distance of those structures to any proposed tower.
The location, nature and extent of any proposed fencing, landscaping and/or screening.
The location and nature of proposed utility easements and access road, if applicable.
Additional requirements and standards.
The following and additional requirements shall apply to each application for site plan approval for a telecommunications facility:
Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent residential property line equal to the tower height and a setback of at least 50 feet from any other adjacent property line shall be deemed adequate. The required setbacks may be decreased in those instances when the applicant has submitted plans for a tower designed to minimize damage to adjacent properties in the event of a structural failure. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
The Planning Board may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that towers should not be artificially lighted, except as required by the FAA.
The tower shall be of a galvanized finish or painted matte gray or other color approved by the Planning Board, except where otherwise required by the FAA, and accessory facilities should maximize use of building materials, colors and textures designed to blend with natural surroundings.
No tower shall contain any signs or advertising devices.
Traffic, access and safety.
A road turnaround and two parking spaces shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting and road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than six feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism.
The applicant must comply with all applicable state and federal regulations including but not limited to FAA and Federal Communications Commission (FCC) regulations.
Upon written request from the Town, the applicant shall provide a certification from a qualified, licensed engineer, certifying that the tower or telecommunications facility meets applicable structural safety standards.
Removal of obsolete or unused facilities. The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused towers or antennas shall take place within 12 months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunications facility.
Future shared use of new towers. In the interest of minimizing the number of new towers, the Planning Board may require, as a condition of either site plan and/or special permit approval, that the applicant indicate in writing its commitment to collocation of telecommunications facilities and that the applicant will design the tower to have a minimum height and carrying capacity needed to provide future shared usage. The condition for collocation may not be required if the applicant demonstrates that provisions of future shared usage are not feasible or impose an unnecessary burden based upon:
The number of FCC licenses foreseeable available for the area.
The kind of tower site and structure proposed.
The number of existing and potential licensees without tower spaces.
Available spaces on other existing and approved towers.
Potential adverse visual impacts by a tower designed for shared usage.
The following criteria and additional requirements shall apply to each application for a special permit for a tower.
Height. The building height regulations otherwise applicable in the underlying district shall not apply to towers, subject to the limitations found in Subsection B of this section. Any tower exceeding the height limitations of Subsection B shall require an area variance for height from the Zoning Board of Appeals.
Shared use of existing towers and/or structures. At all times, shared use of existing towers and/or structures (e.g., municipal water tank, buildings, towers, etc.) shall be preferred to the construction of new towers. An applicant for a special permit shall present a report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new tower. The applicant shall submit documentation demonstrating good faith efforts to secure shared use on existing towers or structures as well as documentation of the technical, physical and/or financial reasons why shared usage is not proposed. Written requests for shared use shall be provided where applicable. The applicant shall also demonstrate efforts to locate a new tower on the same site as an existing tower or structure, if it is not collocating on the existing tower or structure.
Public input. The Planning Board shall hold a public hearing and shall allow public input for each application for special permit for a new telecommunications tower, or for site plan approval for expansion of an existing telecommunications tower.
Exemptions. The following types of telecommunications facilities are not subject to the provisions of this section:
Antennas used solely for residential household television and radio reception.
Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter, regardless of location. (NOTE: FCC Rule Regarding Preemption of Local Zoning Regulations for Satellite Antennas, 47 CFR Part 25.)
Antennas used by federally licensed amateur radio station operators.
In addition, telecommunication facilities may be repaired and maintained without restrictions.
§ 235-36 Tobacco and vapor distributors.
[Added 11-14-2022 by L.L. No. 14-2022]
Purpose. The Town Board of the Town of Salina hereby intends to limit the sale of tobacco and vapor products on a going-forward basis to only those zoning districts allowing retail establishments or retail stores and shops, and to further limit the concentration of tobacco retail dealers and vapor products dealers within those zoning districts. This section furthers the goals of New York State's tobacco use prevention and control program, as identified in New York State Public Health Law § 1399-ii.
Definitions. When used in this section, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following words shall have the meanings indicated:
One or more cigarettes or cigars, bidis, chewing tobacco, powdered tobacco, nicotine water or any other tobacco products.
A person licensed by the New York Commissioner of Taxation and Finance to sell cigarettes or tobacco products in New York State.
Any noncombustible liquid or gel, regardless of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic cigarette, including any device that contains such noncombustible liquid or gel. "Vapor product" shall not include any device, or any component thereof, that does not contain such noncombustible liquid or gel, or any product approved by the United States Food and Drug Administration as a drug or medical device, or manufactured and dispensed pursuant to Title V-A of Article 33 of the New York Public Health Law.
A person licensed by the New York Commissioner of Taxation and Finance to sell vapor products in New York State.
Regulation of tobacco retail dealers and vapor products dealers.
Subject to the relevant provisions of the Code of the Town of Salina, tobacco retail dealers or vapor products dealers shall be a permitted use in, and only in, any zoning district of Chapter 235 of the Code of the Town of Salina that allows retail establishments or retail stores and shops, provided that:
Any part of the property line of the tobacco retail dealer or vapor products dealer business is not located within 1,000 feet from the nearest point of the property line of a school, playground, child-care facility or place of worship; and
Any part of the property line of the tobacco retail dealer or vapor products dealer business is not located within 1,000 feet from the nearest public entrance of one or more existing licensed tobacco retail dealers, or vapor products dealers.
Where the use in a zoning district for retail establishments or retail stores and shops would require the approval of the Zoning Board of Appeals or any other approval, such requirement or requirements shall also apply to tobacco retail dealers or vapor products dealers.
Prospective applicability. The Town Board intends that this section shall apply on a prospective basis only, and the provisions of this section shall not apply in the following nonexclusive circumstances:
Any tobacco retail dealer or vapor products dealer licensed by the Commissioner of Taxation and Finance prior to the enactment of this section.
Any tobacco retail dealer or agent thereof or vapor products dealer or agent thereof that has applied for a building permit with the Town of Salina pursuant to the Salina Town Code prior to the enactment of this section.
Any tobacco retail dealer or agent thereof or vapor products dealer or agent thereof that has submitted an application for site plan review with the Town of Salina pursuant to the Salina Town Code prior to the enactment of this section.
Any tobacco retail dealer or agent thereof or vapor products dealer or agent thereof that has made an application for a variance with the Zoning Board of Appeals of the Town of Salina pursuant to the Salina Town Code prior to the enactment of this section.
Any tobacco retail dealer or agent thereof or vapor products dealer or agent thereof that has made an application to the Town Board to amend the Zoning Map of the Town of Salina, pursuant to § 264 of the New York State Town Law, to a district where the sale of tobacco and vapor are permitted pursuant to this section prior to the enactment of this section.
Severability. The provision of this section are declared to severable, and if any part of this section is held to be invalid, the invalidity shall not affect the other provisions of this section that can be given effect without the invalidated provision.
