The intent of the highway commercial (C-H) zone is to permit the establishment of a well-designed complex of commercial facilities adjacent to and principally serving major highway junctions. Its basic function is to serve the needs of travellers using the major highways, but with benefits to city residents as well. The protective standards contained in this chapter are intended to achieve maximum compatible integration of land uses, by preserving the aesthetic qualities of the area, to minimize traffic congestion and to provide for safe and efficient use of the highway commercial zone.

(ZO § 22-1)

The following permitted uses shall be allowed only when indicated on the final development plan as further stipulated in this chapter, as approved by the planning commission and the city council:

1. Accessory building and use customarily incidental to a permitted use;
2. Amusement enterprises;
3. Antique, import or souvenir shop;
4. Automobile service station, including repair, paint, body and fender, brake, muffler, upholstery or transmission work, provided conducted within completely enclosed building;
5. Barber shop;
6. Beauty shop;
7. Beer parlor, sale of draft beer;
8. Billiard parlor;
9. Book store, retail;
10. Cafe or cafeteria;
11. Candy store;
12. Car wash, incidental to a service station only;
13. Clothing and accessory shop;
14. Drug store;
15. Gift shop;
16. Hotel or motel;
17. Ice cream parlor;
18. Launderette or laundromat;
19. Liquor store;
20. Lounge;
21. Newsstand;
22. Night club or social club;
23. Park and playground;
24. Parking lot or garage for passenger automobiles;
25. Restaurant;
26. Tavern;
27. Temporary building for uses incidental to construction work. Such buildings shall be removed upon completion of the construction work;
28. Truck terminal.

(ZO § 22-2)

Site development standards in the C-H zone include:

1. Minimum lot area: five acres;
2. Maximum lot area: none;
3. Minimum yard setbacks: as determined by final development plan;
4. Building height:
   1. Minimum: one story;
   2. Maximum: None;
5. Lot coverage: the aggregate area of all buildings shall not exceed forty (40) percent of the entire lot.

(ZO § 22-3)

The height, size and location of the following permitted signs shall be in accordance with the regulations set forth in Chapter 17.76, and shall be indicated on the final development plan:

1. Animated;
2. Business;
3. Construction project;
4. Directional;
5. Flat;
6. Freestanding;
7. Identification and information;
8. Marquee;
9. Nameplate;
10. Off-premises;
11. Roof;
12. Temporary;
13. Wall.

(ZO § 22-4)

1. A C-H zone may be established only upon land held in single ownership or under unified control or where the planning commission determines that commercial highway development on separate adjoining properties should be coordinated to form a physically unified commercial facility which will be compatible with the surrounding land uses.
2. At the time a C-H zone is established and before building permits are issued, deed restrictions on the property or properties covered under the zone change shall be filed by the applicant or owners of subject property with the county recorder and shall provide that development take place on such property in accordance with the final site development plan approved by the city council and on file with the city recorder.
3. A C-H zone shall not be established upon a tract of land which would create a nonconforming use unless its integration into the planned development is assured.
4. The location of the C-H zone shall have an acceptable relationship to and further the purposes of the master plan for the city as determined by the planning commission.

(ZO § 22-5)

Where a highway commercial development adjoins any lot in any residential zone, there shall be provided and maintained along such property line a wooden or ornamental masonry fence of not less than six feet in height; provided, however, that such fence shall be three and one-half feet in height along the property line which bounds the front yard of adjoining residential lots. At least fifty (50) percent of such wall should be maintained with a minimum six-foot wide planting strip and landscaping with trees and shrubs.

(ZO § 22-6)

Notwithstanding the provisions of Chapter 17.80, there shall be provided off-street parking facilities in the ratio of not less than three square feet of parking for each one square foot of sales floor area within the development. All non-sales area parking requirements shall conform to Chapter 17.80.

(ZO § 22-7)

A rezoning petition for a highway commercial zone C-H shall be submitted to the planning commission and shall be accompanied by a preliminary development plan for the commercial highway development showing a unified and organized arrangement of buildings and structures and their proposed uses, off-street parking, internal and external traffic circulation, and service facilities, and schematic architectural drawings, landscaping plans and sketches demonstrating the design and character of the proposed development. The developer shall submit all evidence deemed necessary by the city council and/or planning commission of his or her ability to undertake and complete the proposed project.

(ZO § 22-8)

The planning commission shall recommend approval or denial of the zoning petition and preliminary development plan to the city council. The recommendation of the planning commission may contain conditions, limitations or amendments to the preliminary development plan to insure that the planned highway commercial development is integrated into its surroundings and serves the public interest to the greatest extent possible. The planning commission shall also recommend a reasonable amount to be provided by the developer by cash deposit or bond, to insure the completion of the landscaping for the entire plan or phase thereof.

(ZO § 22-9)

The city council, after holding a public hearing thereon, may approve or disapprove a petition for a highway commercial zone. In approving a zoning petition, the city council shall concurrently approve a preliminary development plan, the amount required to insure completion of the landscaping, together with whatever amendments, conditions or requirements as it may deem necessary to secure the purpose of this chapter.

(ZO § 22-10)

After the rezoning of the site of a highway commercial zone, a final development plan for the entire district, or for the phases thereof if a stage development plan has been approved, shall be submitted to and approved by the planning commission as complying with the regulations and requirements attached thereto prior to the issuance of any building or land use permits. The final development plan shall show in detail the proposed areas and locations of buildings, off-street parking, internal and external traffic circulation, improvements, landscaping, signs and service facilities. No changes shall be made in the final development plan during the course of construction pursuant thereto without first obtaining prior approval of the planning commission. Copies of the approved final development plan shall be kept on file in the office of the planning commission, building inspector and city recorder, and only changes which may be subsequently approved shall be added thereto.

(ZO § 22-11)

1. A building permit shall be secured and construction begun in accordance with the approved final development plan within eighteen (18) months from the effective date of the ordinance establishing such zone or other period of time as determined by the city council. Application may be made for not more than six months' extension of the time limit for commencement of construction. Use and building permits shall be issued only for those uses and buildings indicated on the approved final development plan.
2. In the event that construction is not started within the specified time limits, the planning commission shall review the classification of the zone and the progress which has taken place, and if deemed necessary, revoke the plan approval and initiate proceedings to rezone said property to its prior classification or to a zone consistent with the master plan of the city.
3. All construction authorized in the approved final development plan shall be completed within three years of the date construction has commenced. A plan for stage development which will require more time than the limits contained herein may be approved by the city council, after recommendation by the planning commission.
4. In the event that construction is not completed within the time limits specified, the planning commission shall review the development which has taken place and if necessary initiate proceedings to reclassify the property or part thereof in a manner consistent with the master plan of the city.

(ZO § 22-12)

In the case of existing highway commercial districts, the planning commission and city council may proceed to rezone such districts to a highway commercial zone C-H without the requirements of a preliminary development plan and other necessary information; but after being so zoned to a highway commercial zone C-H, a preliminary and final development plan of each development shall be submitted to and approved by the planning commission and city council in accordance with the provisions of this chapter prior to the issuance of building permits; provided, however, that improvements already in existence at the time of zoning shall not be affected.

(ZO § 22-13)

Salina City's zoning ordinance map is amended (if it was not already amended) to reflect that all areas designated as HC-1, highway commercial zones, are designated as being C-2, community commercial zones.

(Ord. 1997-08051997 (part))