02/23/2016 Ordinances 9574ORDINANCE NO. 9574
An ordinance fo amend Chapter 36 of the Grand Island City Code specifically, to
amend Section 36-8 (R) Chaoging the Definition of Recreationa] Vehicle (RV) Pazk and amend
Section 36- 96 Off Street Parking Requirements (G) Design Sta�dards with changes as approved
by the Planning Commission and City Counci] and to repeal any ordinance or parts of ordinances
in con4lict herewith; and to provide fox publication and the effective date of this oxdinance.
B8 IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, N�BRASKA:
SECTION 1. Section 36-OS (R) of the Grand Island City Code is hereby amended
to read as follows:
(R)
Raiiroad shall mean the land use including the righbof-way (R.O. W.) abutting railroad properties owupied
— by uses pertinen[ ro the railroad operation and maintenance, but not including properties owned by [he raiUoad and
leased for use by others.
Recreatimal Facilih shall mean facilities for the use by the public for passive and ac[ive recreation
includi�g teonis, hendball, rflcquetba0, basketball, treck and field, jo�ing, baseball, soccer, ska[ing, swimming, or
gol£ This shall include country clubs and athletic clubs, but not facili[ies accessory to a private residence used only
by the owner and gues[s, nor arenas or stadiums used primarily for spec[a[ors [o watch athle[ic even[s. In addition,
recrea[ional facilities shall meau museums, amphitheaters, race [cacks (including all motor poweced vehicles) and
wildlife wnservation areas (used for public viewing), a�d theme parks.
Reerea[iouai Vehicle (RVl shall mean a vehiculer unit less [hau forty (40) feet in ovexall leng[h, eight (8) feet
in width, or twelve Q2) fea[ in overall heigh4 primarily designed as a tampo[ary liviog q�arteis for recreational
camping or travel use having either its own power or designed [o be mounted on or drawn by a motor
vehicla Recrea[ional vehicle includes motor home, truck campeq travel hailer, camping trailer, and fifth wheel.
Recrea[ional Vehicle Pad: a space for parking a recreational vehicle within a campground or other
allowed place consisting of no less than 800 square feet with a minimum width of 12 feet Improvements included
within the pad space include 1 hard surfaced improved parking space of not less than 180 square feet (20 x 9 or 18 x
10) and 2 hard surfaced improved parallel tire pads of not less than 2.5 feet by 24 £eet.
Recreational Vehicle (RV) Park sha0 mean a tract of land upou which [wo or moee recreaponal vehicle sites
are located, es[ablished, or maintained for occupancy by recreational vehicles of the genera! public as temporary
living q�arters for cecreation or vaca[ion p�eposes by eampers, vacadone[s, or travelers. A Recreational vehicle park
on trac[ of land in excess of 20 acres used For seasonal even[s of no[ more than 14 consew[ive days in dura[ion may
provide overflow pads nol to exceed 25%ofthe Recreational Vehicle Pads provided in compliance with the required
improvements. Overflow pads shall be allowed without the required improvements.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling place for one
( I ) or more families.
Restauraut sha0 mean a public eati�g establishmen[ et which the primary func[ion is the prepazafion a�d
— servine of food primarily to persons sea[ed within the building.
(A) RestaurenQ Drive�ln shall mean an establishment tha[ has [he facilities to serve prepared food and/or
beverages to wstomers sea[ed within moror vehicles for consumption either on or offthe premises.
(B) Restaurant. Entertainmen[ shall mean an establishment where food and drink are prepared, served,
and consumed, within a buiiding or structure [ha[ integrally includes electronic and mechanical games of
skill, simuletion, and virNal reality, play areas, video aroades or similar �ses, billie[ds, and ot r f s of
amusement.
Approvea as to Form v
Febmary 19, 2018 i�y omey
ORDINANCE NO. 9574 (Cont.)
(C) Restauraut, Fast Food sha0 mean an establishment whose principal business is the sale of food
and/or bevarages iu ready-CO-consume individual servings, foi cons�mption either within the establishment,
1'or cairyou[, or drive-in; a�d where Food and/or beveragcs are usually served in paper, plastic, or other
disposable co�[ainers.
Retail Trade shall mean uses primarily engaged in selling merchandise for personal or household
wnsumption and rendering services incidental to the sale of goods. Uses engaged in re[ail trade sell merchandise to
ihe general public or to households for personal ronsumption.
Re[en[io� Cell shall mean a pond, pool, or basin used for the permanent storage of stormwater mnoff.
Reverse Soot Zonine shall mean an arbitrary zonino or rezoning of a small tract of land that is no[ consistent
wi[h the comprehensive land use plan and Ihat uniquely burdens an individual owner largely to secure some public
benefiL Reverse spot zoning usually resul[s from dow�zoning a tract of land to a less intensive use c(assification
[han tlia[ imposed on nearby properties.
Rezonine shall mean an amendmen[ ro or change in the zoning regula[ions either to Ihe text or map or both.
Rezonin2, Piecemeal shall mean the zoning reclassifica[ion of individual lots resulting in uncertainty in [he
future compatible development of Che a[ea.
Ri¢ht-of-Wav shall mean an area or strip of land, ei[hec public or pcivate, on which an irtevocable cight of
passage has been dedicated, rewrded, or otheiwise (egally established Por the use of vehicles or pedestrians or 6oth.
Road shall mean the same as "SVeeP'.
Road. Private shall mean a way, other [han driveways, ope� to vehicular ingress a�d egress established for
the benefit of certaiq ndjacant properties. (Alsq see right-of-way and Street.)
Road. Public shall mean a public right-of-way reserved or dedicated for sheet or road traffia (Also, see
righhof-way and Street.)
Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom, kitcheq
closels, hallways, and secvice porchw.
S�CTION 2. Section 36-96 (G) of the Grand Island City Code is ]�ereby
ame�ded to read as follows:
§36-96. Off-Sheet Parki�g Requirements
(A)Pu_rooses:
(1) It is the infent of this seclio� that ell b�ildings and uses shall provide off-street parking and Ioading
facilities i� a minimum amount as cequired herein m meaC the needs of such buildi[�gs and uses oo private
property and under the same ownership as such buildings or uses. The accommodations may consis[ oF bts,
garages, or other buildiugs, and acceasories; [hey may be surface facilities or faeiliYies above oc under the
ground.
(2) lt is the fucther inten[ oP this secUOn Chat all off-s[reeC parking and loading spaces and facilities shall be
sited aud b�ilt aceording to the requirementc contained in this sectioq a�d shall req�ire an applieation for and
issuance of a building permit pursuant to §8-22.
(II) Aoplication. Each building or use hereaRer conshucted, and each addi[ion ro or altered building or use shall be
provided with off-s[reet parking and loading spaces as required hereia Each off-street parking space or loading
facility and space hereafter constructed, upon proper application and permit being granted shall be sited and
wnstructed pursuant to the requirements of this section. No application for a building permit for such building,
addition, altera[ion, 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 e�sting or proposed buildine or use aud including all
such additions or alterations. No occupancy or use permit shall be issued unless [he required parking and loading
facilities shall have been provided in accordance with the approved plot plan. Requirements shall be appiicable to all
zones and districts bu[ not to include the following business districts or hacts ofland as identified below:
(I)CenG�n! Birsittess Districtas identified and described in Chapte� 13 of this code as [he Downtown
Improvemen[ and Parking District No. l.
(2) Fo¢mlH S(reet Barsiness DisMet. Beginning at the iutersection of Eddy Street and the alley in [he block
benveen Pounh and Fifth SVeets; thence eas[erly on the alley to the intersection of the alley wi[h Sycamore
StreeT, [hence southedy on Sycamore Shee[ [0 100 feet south of the sou[h righhof-way line of North Front
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ORDINANCE NO. 9574 (Cont.)
Sheet; thence westedy on the aforesaid line to its iutersution with Eddy Street; thence northerly on Eddy Street
to the point of beginning.
(3) Tracts of land ten acres or more used £or seasonal events (one event every three mon[hs) of no[ more than
fourteen co�secutive days in dwation and a minimum offourteen days between events.
(C) Area and Comnutation: An off-street parking space shall be of appropriate dimensions of not less than 180
square feet exclusive of access or mnneuvering area, ramps, colmm�s, etc, and shall have a vertical clearance of no[
less than seven feet An off-s[ree[ loading space shall be of appropriate dimensions of not less [han 360 square fee�
exclusive of access or maneuvering area, ra�nps, columns, etc., and shall have a vertical dearance of not less than
fourteen feet. When determination of the number of off-street parking or loadi�g spaces requ'ved by this chap[er
results in a requirement of a fractional space, any fraction of one-halfor less may be disregarded while a Raction in
excess of one-half shall be rounted as one parking space.
(D) Location: All off-shee[ parking spaces shell be on [he same tot as the building or within 300 faet of [he lot.
Permanent o£f-stree[ parking spaces shall noi be permitted wifhin the required front yard setback, provided,
however, that for a building con[aining three dwelling units or less, one space per unit may be placed wi[hin the
front yard setback if such space is not directly in front o£ the buiiding excluding garages or carports. Parking
facilities located separate from Nte building or use as lis[ed shall have a substantial por[ion of same wi[hin a
specified distance ofthe building or use which it serves. All ofRstree[ loadi�g spaces shall be on the same lot as [he
building or use served.
(E) Coltec[ive Facili[ies: Off-slreet parking Y'acilities for separate or mixed buildings or uses may be provided
collec[ively so long as [he [o[al number of spaces is no[ less than the sum of the separate required spaces, and
p�ovided further, that [he requirement conceming location oPsuch facility wi[h cespect to distence from the building
or use servcd shall be complied wi[h In order to eliminate a mul[iplicity of en[rances and exits and diminish haffic
hezards to conserve space where space is at a premium and to pmmote orderly development generally, [he city
council is hereby authorized to plan and �roup parking facilities collectively for a number of businesses in a given
area, and especially in ii�e central buainess distric[, in suoh e manne[ as to obtain a m�imum of effioiency and
capaoiry in parking and teaffic movement.
(F) Empbvee Parkine: Parking spaces required on an employee basis shall ba based on the maximum number oP
employees on d�Cy on the premises at any one Gme.
(G) Desie� Standards. All off-s[reet parking and Ioading facilities shall be designed with appropriale means of
vehicular access to a street or alley and contain adequate and safe maneuvering areas. Detailed plans shall be
submitted [o [he public works direc[or for approval of all curb cuts or driveway openings before a permit may be
obtained [hereFor. No signs shall be displayed except such signs as required for the orderly use of the facilities. Alt
facilities shall be provided with a permanent rype, dusafree surface meaning asphaltic ceme�t conerete, Portland
cemen[ wncrete, or paving brick.
All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a
residen[iai use in a Large Lot Residential Zoning District or of property within a Suburban Residential Zoning
Dishict, Low De�sity Resideutial Zouing DistricY, Medium Densiry Residential Zoniug Districy High Densiry
Residential Zonine DisGict or Residential Developmen[ Zoning Dishic[, shalt provide a sight-obscuring £ence or
screen no[ less than six feet nor more than eight fee[ in height along the boundary of the parking tot adjacent to such
districts. No fence or screen sha0 be required behveen abutting parking bts or adjacent to an alley. The height of
any fence or screen shall be subject to other restric[ions provided by [he City Code.
(H) Maintenance: The parking and loading facili[ies required by this section shall be provided and maintained so
long as the use exists which the facilities are designed to serve. Reaso�able precautions must be taken by the owners
of particular uses to assure the use ofthe pazking Facilities only by the employees or the social or business visitors of
the premises for which the facili[ies aze provided. The facili[ies must be so designed and maintained as no[ [o
eonstit�te a nuisance et any time and mus[ not be used in s�ch a manner as to constiWte a hazard or unreasonable
impediment to [raffic.
([) Reduction of Number of Snaces: Off-street parking or loading facilities shall not be reduced in total extent, after
their provision required hereunder, ezcep[ upon the approval of the 6oard of Adjustmen[, and then only after pmof
that [he parki�g or loading spaces are no longer required by reason of a change in use of the premises of which the
facilities are adjurtet.
(J) Repuireme tt for Uses No[ Liseed: For any use mt listrd, the Board of Adjustment shall determine the proper
requireme�[ by classifying the proposed use among [he uses specified herein so as [o assure equal heatmen[.
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ORDINANC� NO. 9594 (Cont.)
(K)AdminisCraCion and Enforcement The off-street pazking and Ioeding provisions of this section sha0 be
administered by the m�ing official and enforced by the chief building official, who shell also serve in advisory
capacity to the ciry council on ma[ters reletive to a�y phase oYsuch provisions.
(L),[�,enalrv for Vioiatiom'1'he provisions oPparking and loading Cacilities as required by this section shall be a
continuing obligation of[he owner or sponsor ofa given buiidin� or use so long as ihe building or use is in existence
and so long as parking and loading facilities are �equireti herwndee in connection therewith, a�d it shell be unlawful
to dismntinue, change, or dispense with such facilities wifhout establishing alternate facilitics that meet the
requiremen[s herein. Penalry pmvisions appiicable [o lhis chapfer as a whole shall apply m tho violations of ffiue
provisio�s. In additioq ai such time as the facilities required hereunder shall fail to continue to be xvailable for the
purpose, the building pennit for Che struetures to which [he facili[ies are edjunet flnd the use or occupancy permits
issaed foe the premis'es shall be canceled and become null and void.
SECTION 3. Sections 36-8 (R) and 36-96 as existing prior to this amendment,
and any ordinances or parts of ordina�ces in conflict herewith, are repealed.
SECTION 4. The validiry of any seerion, subsection, sentence, dause, or phrase
of this ordinance shall not af£ect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase theceof.
SECTION 5. That this ordinanee shall be in focce and take effect Apcil 1, 2016.
Cnacted: February 23, 2016
Attest:
7 emy �n. n, . ayor
�-r`�('� OF �RAN� iS
�1 1rL__i' ."k1Tl �_ ci �,�pp �,O
RaNae Edwards, City Clerk $'" �
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