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11/27/2007 Ordinances 9151ORDINANCE NO. 9151 An ordinance to amend Chapter 36 of the Grand Island City Code; to amend Section 36-96 pertaining to off-street parking requirements; and Sections 36-101 and 36-106 pertaining to performance standards for salvage yards; and Sections 36-68, 36-70 and 36-74 pertaining to the addition of parking lots as permitted principal use in the B2, B3 and M3 Zoning Districts of the Grand Island City Code; to repeal Sections 36-96; 36-101; 36-106; 36-68; 36-70 and 36-74 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 36-96 of the Grand Island City Code is hereby amended to read as follows: §36-96. Off-Street Parking Requirements (A) Purposes: (1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private property and under the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the ground. (2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited and built according to the requirements contained in this section, and shall require an application for and issuance of a building permit pursuant to §8-22. (B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and loading spaces as required herein for the existing or proposed building or use and including all such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to include the following business districts: (1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement and Parking District No. 1. (2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore Street; thence southerly on Sycamore Street to 100 feet south of the south right-of--way line of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning. (C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than 180 square :feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not Approved as to Form c November 26, 2007 d City Attorney ORDINANCE NO. 9151 (Cont.) less than seven feet. An off-street loading space shall be of appropriate dimensions of not less than 360 square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than fourteen feet. When determination of the number of off-street parking or loading spaces required by this chapter results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space. (D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of the lot. Permanent off-street parking spaces shall not be permitted within the required front yard setback, provided, however, that for a building containing three dwelling units or less, one space per unit may be placed within the front yard setback if such space is not directly in front of the building excluding garages or carports. Parking facilities located separate from the building or use as listed shall have a substantial portion of same within a specified distance of the building or use which it serves. All off-street loading spaces shall be on the same lot as the building or use served. (E) Collective Facilities: Off-street parking facilities for separate or mixed buildings or uses may be provided collectively so long as the total number of spaces is not less than the sum of the separate required spaces, and provided further, that the requirement concerning location of such facility with respect to distance from the building or use served shall be complied with. In order to eliminate a multiplicity of entrances and exits and diminish traffic hazards to conserve space where space is at a premium and to promote orderly development generally, the city council is hereby authorized to plan and group parking facilities collectively for a number of businesses in a given area, and especially in the central business district, in such a manner as to obtain a maximum of efficiency and capacity in parking and traffic movement. (F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty on the premises at any one time. (G) Design Standards. All off-street parking and loading facilities shall be designed with appropriate means of vehicular access to a street or alley and contain adequate and safe maneuvering areas. No driveway or curb cuts shall exceed. twenty-six feet in width in residential districts, or thirty-five feet in width in business or industriaUmanufacturing districts, and detailed plans shall be submitted to the public works director for approval of all curb cuts or driveway openings before a permit may be obtained therefor. No signs shall be displayed except such signs as required for the orderly use of the facilities. All facilities shall be provided with a permanent type, dust-free surface meaning asphaltic cement concrete, Portland cement concrete, or paving brick. All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a residential use in a Large Lot Residential Zoning District or of property within a Suburban Residential Zoning District, Low Density Residential Zoning District, Medium Density Residential Zoning District, High Density Residential Zoning District or Residential Development Zoning District, shall provide asight-obscuring fence or screen not less than six feet nor more than eight feet in height along the boundary of the parking lot adjacent to such districts. No fence or screen shall be required between abutting parking lots or adjacent to an alley. The height of any fence or screen shall be subject to other restrictions provided by the City Code. (H) Maintenance: The parking and loading facilities required by this section shall be provided and maintained so long as the use exists which the facilities are designed to serve. Reasonable precautions must be taken by the owners of particular uses to assure the use of the parking facilities only by the employees or the social or business visitors of the premises for which the facilities are provided. The facilities must be so designed and maintained as not to constitute a nuisance at any time and must not be used in such a manner as to constitute a hazard or unreasonable impediment to traffic. (I) Reduction of Number of Spaces: Off-street parking or loading facilities shall not be reduced in total extent, after their provision required hereunder, except upon the approval of the Board of Adjustment, and then only after proof that the parking or loading spaces are no longer required by reason of a change in use of the premises of which the facilities are adjunct. (J) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the proper requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment. (K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be administered by the zoning official and enforced by the chief building official, who shall also serve in advisory capacity to the city council on matters relative to any phase of such provisions. (L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall be a continuing obligation of the owner or sponsor of a given building or use so long as the building or use is in existence and so long as parking and loading facilities are required hereunder in connection therewith, and it shall be unlawful to discontinue, change, or dispense with such facilities without establishing alternate facilities that meet the -2- ORDINANCE NO. 9151 (Cont.) requirements herein. Penalty provisions applicable to this chapter as a whole shall apply to the violations of these provisions. In addition, at such time as the facilities required hereunder shall fail to continue to be available for the purpose, the building permit for the structures to which the facilities are adjunct and the use or occupancy permits issued for the premises shall be canceled and become null and void. Amended by Ordinance No. 8976, effective 06-08-2005 Amended by Ordinance No. 9151, effective 12-18-2007 SECTION 2. Section 36-101 of the Grand Island City Code is hereby amended to read as follows: §36-101. Performance Standards for Industrial Uses The following standards shall be met unless there are greater standards required by the United States Environmental Protection Agency or the Nebraska Department of Environmental Quality. (A) Physical Appearance: All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. The provisions of this section shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, manufactured homes, or similar equipment when in operable condition. (B) Fire Hazard: No operation shall involve the use of highly flammable gasses, acid, liquids, grinding processes, or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gasses when handled in accordance with other regulations of the City of Grand Island. (C) Noise: No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. (D) Sewage and Liquid Wastes: No operation shall be carried on which involves the discharge into a sewer, water course, or the ground, liquid waste of any radioactive or poisonous nature or chemical waste which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. (E) Air Contaminants: (1) Air Contaminants and smoke shall be less dark than designated Number One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One shall be permitted for one four minute period in each one-half hour. Light colored contaminants of such a capacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted. (2) Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two tenths (0.2) grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit, except for a period of four minutes in any one-half hour, at which time it may equal but not exceed six tenths (0.6) grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit. (3) Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public in general; or to endanger the comfort, repose, health, or safety of any such considerable number of persons or to the public in general, or to cause, or have a natural tendency to cause injury or damage to business, vegetation, or property. (4) Odor: The emission of odors that are generally agreed to be obnoxious to any considerable numbers of persons, shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or -3- ORDINANCE NO. 9151 (Cont.) the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this regulation. (5) Gasses: The gasses sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts per million, carbon monoxide shall not exceed five (5) parts per million. All measurements shall be taken at the zoning lot line. (6) Vibration: All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousands (0.003) of an inch measured at the zoning lot line. The use of steam or broad hammers shall not be permitted in this zone. (7) Glare and heat: All glare, such as welding arcs and open furnaces shall be shielded so that they shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than five (5) degrees Fahrenheit. (F) Physical Appearance: Salvage yards and other similar operations shall be effectively enclosed or shielded from adjacent properties on all sides by means of asight-obscuring fence at least eight (8) feet in height, in good repair, and constructed of conventional fence building materials and techniques as approved by the chief building official. No inventory or salvage materials of any nature may be stacked within fifty (50.0) feet of the fence to a height greater than said fence. Amended by Ordinance No. 9151, effective 12-18-2007 SECTION 3. Section 36-106 of the Grand Island City Code is hereby amended to read as follows: §36-106. Conditional Uses; Salvage Yards All salvage yards shall be subject to the following conditions as part of their permitted conditional use: (A) In addition to the information required pursuant to §36-88, an application for a conditional use for a salvage yard shall include a site plan for the premises showing the layout of the proposed operation, building and infrastructure locations, property dimensions, drainage and landscaping. (B) All structures located or constructed on the salvage yard premises shall comply with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes. (C) All hazardous materials and regulated waste shall be received, stored, and disposed of in accordance with state and federal laws and the rules and regulations of the U.S. Environmental Protection Agency and the Nebraska Department of Environmental Quality. (D) All operations of a salvage yard, including those which are ancillary and indirectly related to the salvage yard such as administration, parking, equipment and/or container storage shall be conducted on the premises subject to the permitted conditional use. (E) All premises on a salvage yard shall be kept and maintained in a clean and orderly manner, using the best practices of the industry, with no loose garbage, litter, refuse or waste materials on the premises except those kept in short term storage for processing. The persons operating the salvage yard shall on a regular and routine basis inspect all areas adjacent to the salvage yard and clean up any materials which originated from the salvage yard. (F) Physical Appearance: Salvage yards and other similar operations shall be effectively enclosed or shielded from adjacent properties on all sides by means of asight-obscuring fence at least eight (8) feet in height, in good repair, and constructed of conventional fence building materials and techniques as approved by the chief building official. No inventory or salvage materials of any nature may be stacked within fifty (50.0) feet of the fence to a height greater than said fence. Amended by Ordinance No. 9151, effective 12-18-2007 -4- ORDINANCE NO. 9151 (Cont.) SECTION 4. Section 36-68 of the Grand Island City Code is hereby amended to read as follows: §36-68. (B-2) General Business Zone Intent: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-2) General Business Zoning District. (1) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (2) Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment A hereto] (3) Agencies as found in the Zoning Matrix [Attachment A hereto] (4) Dwelling units (5) Board and lodging houses, fraternity and sorority houses (6) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (7) Public parks and recreational areas (8) Country clubs (9) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (10) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other. related living structures when located on the same site as the college (11) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (12) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (13) Public and quasi-public buildings for cultural use (14) Railway right-of--way but not including railway yards or facilities (15) Nonprofit community buildings and social welfare establishments (16) Hospitals, nursing homes, convalescent or rest homes (17) Radio and television stations (no antennae), private clubs and meeting halls (18) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar use (19) Preschools, nursery schools, day care centers, children's homes, and similar facilities (20) Group Care Home with less than eight (8) individuals (21) Elderly Home, Assisted Living (22) Stores and shops for the conduct of wholesale business, including sale of used merchandise (23) Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (24) Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking) (25) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is used (26) Parking Lots (27) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-2) General Business Zoning District as approved by City Council. (1) Recycling business -5- ORDINANCE NO. 9151 (Cont.) ~. n ., (2) Towers (3) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Minimum Front Rear Side Street Maximum Maximum Parcel Lot Width Yard Yard Yard Side Ground Building Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet) (feet) Permitted Uses 3,000 30 10 0' OZ 10 100% 55 Conditional 3,000 30 10 0' OZ 10 100% 55 Uses ' No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. z No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9151, effective 12-18-2007 SECTION 5. Section 36-70 of the Grand Island City Code is hereby amended to read as follows: §36-70. (B-3) Heavy Business Zone Intent: The intent of this zoning district is to provide for the multiple uses within the central business district. Residential uses are permitted at the density of the (RO) Residential Office Zone. (A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning District. (1) Agencies as found in the Zoning Matrix [Attachment A hereto] (2) Boarding and lodging houses, fraternity and sorority houses (3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature (4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other related living structures when located on the same site as the college (5) Country clubs (6) Dwelling units (7) Elderly Home, Assisted Living (8) Group Care Home with less than eight (8) individuals (9) Hospitals, nursing homes, convalescent or rest homes (10) Hotel and motel uses (11) Mortuaries, funeral homes, and funeral chapels (12) Nonprofit community buildings and social welfare establishments (13) Office and office buildings for professional and personal services as found in the Zoning Matrix [Attachment A hereto] (14) Parking Lots (15) Preschools, nursery schools, day care centers, children's homes, and similar facilities -6- ORDINANCE NO. 9151 (Cont.) (16) Public parks and recreational areas (17) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational level (18) Public and quasi-public buildings for cultural use (19) Radio and television stations (no antennae), private clubs and meeting halls (20) Railway right-of--way but not including railway yards or facilities (21) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space is limited to 25% of the total floor area (22) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix [Attachment A hereto] (23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises (24) Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to harmonize with nearby properties (25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar uses (26) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning District as approved by City Council. (1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used (2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery (3) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (4) Towers (5) Other uses as indicated in the Zoning Matrix [Attachment A hereto] (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal use. (D) Space Limitations: Uses Minimum Setbacks A B C D E Minimum Minimum Front Rear Side Street Maximum Maximum Parcel Lot Width Yard Yard Yard Side Ground Building Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet) (feet) Permitted Uses 3,000 30 10 0' Z O 10 100% Conditional 3 000 30 10 0' OZ 10 100% Uses , ' No rear yard setback is required if bounded by an alley, otherwise a setback of 10 feet is required. z No side yard setback is required, but if provided, not less than five feet or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (E) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein. (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9151, effective 12-18-2007 SECTION 6. Section 36-74 of the Grand Island City Code is hereby amended to read as follows: -7- ORDINANCE NO. 9151 (Cont.) §36-74. (M-3) Mixed Use Manufacturing Zone Intent: To provide for a mix of light manufacturing, warehousing, wholesaling, retail, and residential uses. This zoning district is reflective of the mix of uses historically present along the Union Pacific Railroad tracks through the central city. (A) Permitted Principal Uses: (1) Churches (2) Residential dwellings at the same density as the (R-4) High Density Residential Zoning District (3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities (4) Animal hospital and veterinary clinic (5) Arena or athletic field or track (6) Automobile body repair (7) Automobile service station (8) Bakery (9) Bottling plant (10) Blueprinting (ll) Brewery or distillery (12) Cafe or restaurant (13) Cannery (14) Carpenter or woodworking shop (15) Carpet cleaning (16) Casting of lightweight or nonferrous metals (17) Crating and hauling depot (18) Dairy products distribution (19) Dry cleaning and laundry plant (20) Feed and seed processing and storage (21) Furniture repair and warehousing (22) Garage (23) Laboratories (24) Lapidary (25) Parking Lots (26) Printer (2'1) Publisher or lithographer (28) Sign painting or manufacture (29) Stone and monument works (30) Storage yards or buildings for lumber, gas, oil and similar materials; but not explosives, vitreous ware, pottery and porcelain manufacture (31) Warehouse (32) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the above (32) Railway right-of--way, including yards and facilities (33) Other uses as permitted in the Zoning Matrix [Attachment A hereto] (B) Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with procedures set forth in Article VI of this chapter. (1) Salvage yards except those dealing primarily with hazardous or regulated waste (2) Towers (C) Permitted Accessory Uses: (1) Buildings and uses accessory to the permitted principal uses (D) Specifically Excluded Uses: (1) Manufactured home parks E) S ace Limitations: Uses Minimum Setbacks A B C D E Minimum Parcel Minimum Lot Width Front Yard Rear Yard Side Yard Street Side Maximum Ground Maximum Buildin - g - ORDINANCE NO. 9151 (Cont.) Area (feet) (feet) (feet) (feet) (feet) Yard Coverage Height (feet) (feet) Permitted Uses 6,000 50 10' OZ 0' 10 65% - Conditional Uses 6,000 50 10' OZ 0' 10 65% - ' mall be zero when located m Central 13usmess District and N'ourth Street Business District z None when bounded by an alley, otherwise 10 feet s No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (F) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one (1) principal building shall be permitted on each zoning lot except as otherwise provided herein. Amended by Ordinance No. 8947, effective 1-5-2005 Amended by Ordinance No. 9151, effective 1z-18-2oo7SECTION 7. Sections 36-101; 36-106; 36-68; 36-70 and 36-74 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 8. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 9. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 27, 2007. C i~.ti 1P ~~~-'~-n•.,sQt Margaret ornady, Mayor s Attest: ~~~~~~~ RaNae Edwards, City Clerk -9-