10/24/2000 Ordinances 8634
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ORDINANCE NO. 8634
An ordinance to amend various chapters of the Grand Island City Code; to amend
Sections 8-177, 9-45,11-2,30-78 and 35-29 to change mobile home to manufactured home; to
amend Sections 2-21,8-4,8-75,8-78,8-79,8-83,8-87,8-88,8-97, 8-98, 8-99, 8-101, 8-113, 8-
182, 15-4, 15-14, 15-18, 15-22, 15-25, 15-30, 15-35, 15-42, 15-46, 17-40, 18-6, 18-11, 18-13,
18-20,18-22,18-26, 18-29, 18-32, 18-33, 18-36, 18-37,26-60,26-66,31-5,31-6,31-7,31-19,
31-23,31-25,31-26,35-65,35-66,35-67,36-36.1, and 36-102 to change chief building inspector
to chief building official and to change Building Inspection Department to Building Department;
to amend Sections 2-21 and 8-78 to change Director of Utility Operations to Utilities Director; to
amend Sections 8-14,13-17.1,15-50,16-2.1,16-3,16-30,22-1, 22-119, 22-123, 26-41, 26-42,
26-43,26-45,26-51,26-53,26-55,26-56,26-61,27-20, 30-1, 30-13, 31-25, 31-30, and 35-65 to
clarify and/or correct city code sections; to amend Sections 6-5 and 6-10 to allow businesses to
issue bicycle registration certificates; to delete Section 16-23 pertaining to incinerators; to delete
Section 19-6 pertaining to the library annual report; to delete Section 22-123 pertaining to the
use of minibikes in Webb Road Subdivision; to add Section 24-4.1 to require all dogs to be
leashed along the hikelbike trail; to amend Section 24-7 to set limitations on fishing at Pier Lake
by adults; to repeal Sections 2-21,8-4,8-14,8-75,8-78,8-79,8-83,8-87,8-88, 8-97, 8-98, 8-99,
8-101,8-113,8-177,8-182,9-45,11-2,13-17.1,15-4, 15-14, 15-18, 15-22, 15-25, 15-30, 15-35,
15-42, 15-46, 15-50, 16-2.1, 16-3, 16-23, 16-30, 17-40, 18-6, 18-11, 18-13, 18-20, 18-22, 18-26,
18-29, 18-32, 18-33, 18-36, 18-37, 22-123, 24-7, 26-41, 26-42, 26-43, 26-45, 26-51, 26-53, 26-
55,26-56,26-60,26-61,26-66,30-1,30-13,30-78,31-5, 31-6, 31-7, 31-19, 31-23, 31-25, 31-26,
31-30, 35-29, 35-65, 35-66, 35-67, 36-36.1, and 36-102 as now existing, and any ordinance or
Approved 85 to Form
October 25, 2000
T"'l:i1f\S
.it. City Attorney
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ORDINANCE NO. 8634 (Cont.)
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 2-21 of the Grand Island City Code is hereby amended to
read as follows:
~2-21. Officers; Appointive
Pursuant to Neb. Rev. Stat. S16-217, the following shall constitute the appointive officers of the City of
Grand Island:
City Administrator
Chief of Police
Chief of the Fire Department
City Attorney
Public Works Director
Utilities Director
Community Projects Director
City Treasurer / Finance Director
Personnel Director
City Clerk
Parks and Recreation Director
Building Department Director
Library Director
Directors of Departments created by Interlocal Agreements are as follows:
Emergency Management Director
Health Director
Planning Director
SECTION 2. Section 6-5 of the Grand Island City Code is hereby amended to
read as follows:
~6-5. Certificate; Issuance
The traffic division and its designees are hereby authorized and directed to issue registration certificates for
bicycles upon such bicycles satisfactorily complying with the inspection tests provided for by this chapter and upon
the payment of the required registration fee.
SECTION 3. Section 6-10 of the Grand Island City Code is hereby amended to
read as follows:
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Approved as to Form
October 25, 2000
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ORDINANCE NO. 8634 (Cont.)
~6-10. Records Kept by Traffic Division
The traffic division shall keep a record of all fees collected for the issuance of bicycle registration
certificates, the date of issuance thereof, to whom issued, the number thereof, a description of the bicycle, and the
manufacturer's serial number of the bicycle frame. All registration fees and the records described above shall be paid
and delivered to the traffic division weekly by all designees.
SECTION 4. Section 8-4 of the Grand Island City Code is hereby amended to
read as follows:
~8-4. UBC - Amendment of Section 105
Section 105 of the Uniform Building Code is hereby amended to read in its entirety as follows:
BUILDING CODE ADVISORY BOARD
Sec. 105. Purpose. The purpose of the Building Code Advisory Board is to determine the suitability of
alternate materials and methods of construction.
Whereas, there may arise a design or material that may not meet the exact criteria of the Uniform Building
Code, especially in the areas of Energy Related projects, this Board shall examine the data available, and/or may
require any additional data, to determine that the proposed material or method is at least equivalent of the purpose as
set forth in the Building Codes. The Board may not waive any requirements of the Building Codes, but only approve
in lieu of/alternate methods of materials.
Member. The Building Code Advisory Board members will be appointed by the mayor and approved by the
city council. They shall be persons who are qualified by experience and training to pass upon matters pertaining to
building construction. The Board shall consist of seven members. The chief building official shall be an ex officio
member and will act as secretary of the Board. One city council member shall also act as an ex officio member. At
least four members of the Board must be present to constitute a quorum and be able to act.
Chairman/Officers; Length of Service. A chairman and vice chairman will be selected from among the
seven members and each will serve a two-year term. The seven members will serve two-year terms, alternating four
and three on a yearly basis.
Request Procedure. The request process for the Board shall be as follows:
(1) If an applicant shall be denied a building permit or shall receive disapproval from the chief building
official, the applicant may file a request on the forms furnished by the Building Department, together with a
request procedure fee in accordance with the City of Grand Island Fee Schedule, stating in full detail what the
product or project is, the use, sections of the Code that cannot be fully complied with, what the alternative
material or method will be, and sufficient evidence supporting the request. This shall be filed with the chief
building official who shall then notify the officers of the Board, who shall set a time of meeting, and the
meeting shall be within ten (10) days of the date of application.
(2) The meeting of the Building Code Advisory Board shall be presided over by the chairman.
(3) The Board shall hear all evidence by the party requesting consideration and a presentation by the chief
building official.
(4) After hearing all evidence presented, the Board shall determine whether the proposed alternate method of
material is equivalent with the interest and safety of the Code, or may recommend changes to their satisfaction.
(5) An order approving such a request shall require a "Yes" vote of four of the Board members.
(6) The Board shall render all decisions in writing to the applicant and the chief building official within a
reasonable period of time.
SECTION 5. Section 8-14 of the Grand Island City Code is hereby amended to
read as follows:
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Approved as to Form .., ~
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
~8-14. UBC - Amendment of Section 1203.2
Section 1203.2 of the Uniform Building Code is hereby amended to read as follows:
Sec. 1203.2. Light
Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with
natural light by means of exterior glazed openings with an area not less than one-twentieth (5%) of the floor area of
such rooms with a minimum of 5 square feet.
Basements shall be provided with not less than two (2%) of the floor area.
SECTION 6. Section 8-75 of the Grand Island City Code is hereby amended to
read as follows:
~8-75. Registration Required to Move Buildings
(A) It shall be unlawful for any person to engage in the business of moving houses and buildings within the
City limits and within two miles of the corporate boundary of said City without first being registered as such by the
City and paying the fee therefor; provided, however, no registration shall be required to move a building which has a
floor surface of one hundred square feet or less. Buildings which do not exceed sixteen feet in width or twenty-four
feet in length may be exempted from the requirements of this Article by the chief building official upon finding that
such exemption would not adversely affect the public interest. Such registration shall be issued by the chief building
official, and the same shall expire on December 31 of the year the same is issued.
(B) The registration fee shall be paid in accordance with the City of Grand Island Fee Schedule.
SECTION 7. Section 8-78 of the Grand Island City Code is hereby amended to
read as follows:
~8-78. Height and Width Restrictions; Permits
No permit shall be issued to move any house or structure if any part thereof has a loaded height in excess of
twenty-six feet, and if any part thereof at its greatest width is in excess of thirty-four feet; provided, except, the chief
building official may authorize the granting of permits in cases of buildings exceeding such width or height
limitation, or both, when there is filed and deposited in the office the following:
(1) An application for a specific permit to move a specific building or structure, in triplicate, with the
following documents attached thereto, to wit:
(a) A drawing or chart showing the specific route proposed to be followed, and exact location of
buildings, structures, trees, and other objects which may interfere with the moving of such
building or structure.
(b) A drawing to scale showing the dimensions of length, width, and height, and kind of structure
proposed to be moved.
(c) Agreement of all property owners who may be affected by reason of trimming of trees, or
ownership of structures, or device, legally above, upon, or under the surface of any such street,
waiving any and all claims against the City of Grand Island for damages which may happen to any
such trees, pavement, curb, driveway, pole, structure, or device.
(d) Statements of the city engineer, utilities director, chief of police, and fire chief relating to their
approval of the arrangements for such moving.
(e) Consent to the moving of such building or structure of any affected telephone company, gas
company, telegraph company, railroad(s), and waiver of every and all claims for damages against
the City with regard thereto.
(2) The permit fee required by 98-77 of this Code.
(3) The chief building official may waive any of the foregoing requirements determined to be
inapplicable or unnecessary to protect the public interests.
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Approved as to Form T ,
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cant.)
SECTION 8. Section 8-79 of the Grand Island City Code is hereby amended to
read as follows:
~8-79. Examination of Building; Denial of Permit
Before a permit is issued for any of the operations defined by this article and before any of the operations
defined herein shall have begun, the chief building official shall examine the building, structure or part thereof on
which it is desired to perform such operations, and the chief building official shall refuse to grant a permit for same
if any of the conditions following are found to exist:
(1) No building shall be removed from its present location or lot to a new location or lot so situated that
the construction on such new location or lot of a similar new building would be in violation of any of the
provisions of this article.
(2) No building shall be moved that is more than fifty percent structurally deficient.
SECTION 9. Section 8-83 of the Grand Island City Code is hereby amended to
read as follows:
~8-83. Planking of Streets When Required
It shall be the duty of any person moving any house or structure to plank streets if and when ordered so to
do by the chief building official.
SECTION 10. Section 8-87 of the Grand Island City Code is hereby amended to
read as follows:
~8-87. Moving Equipment to be Rubber Tired
No permit shall be issued by the chief building official to move any house or structure unless the moving
equipment employed by the mover of houses and buildings is rubber tired in order to safeguard and protect streets,
avenues, alleys, highways and public grounds from being damaged.
SECTION 11. Section 8-88 of the Grand Island City Code is hereby amended to
read as follows:
~8-88. Leave Property in Safe, Clean Condition
It is hereby declared unlawful for any mover or owner of houses and buildings to move any building or
structure in such a manner that there shall remain holes or depressions dangerous to life or limb; there shall not
remain debris or rubbish from which dust or offensive odors shall emanate detrimental to public health. Such
premises shall be left in a safe, clean, and sanitary condition. When a building has been moved for the purpose of
erecting thereon another building or structure, the chief building official at his discretion may permit the owner of
such property to maintain for a period not to exceed six months any remaining hole or depression if the following
conditions are met: Such hole or depression is maintained in a sanitary condition and kept clean of all rubbish or
debris of any nature; that such hole or depression is surrounded and protected by a strong and suitable barricade not
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Approved as to Form " )j'AS
October 25, 2000 "" City Attorney
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ORDINANCE NO. 8634 (Cont.)
less than five feet high; that such barricade is maintained in a sound and proper condition; and that said owner shall
covenant for himself, his heirs and assigns, to properly fill such remaining hole or depression at the conclusion of
the said six month period unless building operations thereat have then been begun; provided, that the city council
may, upon good cause shown, extend the period of time during which the hole or depression may be maintained,
subject to any conditions that the city council may prescribe.
SECTION 12. Section 8-97 of the Grand Island City Code is hereby amended to
read as follows:
~8-97. Registration Required; Fee; Term
(1) Any person engaged in the business of razing and demolishing buildings and houses in the City and in the area
within two miles of the corporate boundary of said City, shall, before starting such business in the City or within
such two mile area beyond its corporate limits, secure from the chief building official a certificate of registration to
engage in such business.
(2) The annual registration fee and the renewal fee for such registration, which shall expire on December 31,
following the date of issuance, shall be in accordance with the City of Grand Island Fee Schedule.
SECTION 13. Section 8-98 of the Grand Island City Code is hereby amended to
read as follows:
~8-98. Permit to Raze Building
Any person registered under this article to engage in the business of razing and demolishing buildings and
houses shall, before proceeding with such razing or demolition of any structure in the city or within two miles of the
corporate boundary of said city, secure a permit to do so from the chief building official. Such permit shall not be
granted until after the payment of the permit fee hereinafter set forth.
SECTION 14. Section 8-99 of the Grand Island City Code is hereby amended to
read as follows:
~8-99. Permit to Raze Building; Fees
It shall be the duty of the chief building official to collect fees for razing and demolishing of structures in
the same manner and in the same amount as set forth in the City of Grand Island Fee Schedule pertaining to building
permit fees.
SECTION 15. Section 8-101 of the Grand Island City Code is hereby amended to
read as follows:
~8-101. Right of Owner to Raze Own Buildings
Any person may raze or demolish one or two story dwellings, provided he is the actual owner thereof and
does the work himself and for himself without compensation from others. Such building or buildings must be
situated at least twenty feet from the front lot line and at least eight feet from other buildings situated on either side
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Approved as to Form T I
October 25, 2000 '" City Attorney
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ORDINANCE NO. 8634 (Cont.)
or to the rear thereof. It is expressly provided that any such owner may raze or demolish such dwellings without first
securing the registration provided in 98-97 hereof; provided, however, such owner must secure a permit so to do
from the chief building official and pay the permit fee and call for inspections by the chief building official. Such
owners must otherwise comply with all of the other provisions of this article.
It is expressly provided that the right of an owner to raze or demolish his own dwellings shall include the
right to raze or demolish a private garage.
SECTION 16. Section 8-113 of the Grand Island City Code is hereby amended to
read as follows:
~8-113. Maintenance of Public Nuisance Unlawful
It shall be unlawful for any owner of record to maintain or permit any person to occupy any building or
other structure or any part thereof which is declared a public nuisance by the chief building official at the expiration
of the time period specified in the written notice set forth in 98-111, or to permit any person to occupy any building
or other structure or any part thereof in violation of the Notice to Vacate set forth in S 8-112.
SECTION. 17. Section 8-177 of the Grand Island City Code is hereby amended
to read as follows:
~8-177. General
(1) All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by
the Building Code for the appropriate occupancy, type of construction and location on property; and shall be
provided with the appropriate fire-extinguishing systems or equipment required by the Building Code.
(2) Smoke detector; number; location; operation. Smoke detectors shall be mounted in accordance with the rules
and regulations regarding the number and location of smoke detectors in accordance with the Building Code. When
activated, the detector shall provide and alarm in the dwelling unit, guest room, dormitory, or manufactured home.
(3) Smoke detector; rental property; responsibility for installing, maintaining.
(a) Except as provided in subsection (b) of this subsection, the owner of every apartment house, dwelling,
hotel, lodging house, dormitory, or manufactured home or the owner's authorized agent shall be required to
supply, install, maintain, and test the smoke detectors.
(b) In case of a dwelling unit, guest room, hotel room, or manufactured home which is being occupied for one
month or more by the same occupant, it shall be the responsibility of such occupant to perform the tests on the
smoke detector as are recommended by the manufacturer's instructions and immediately notify, in writing, the
owner or authorized agent of any deficiencies. The owner of the dwelling, apartment house, lodging house,
hotel, or manufactured home shall provide a notice to such occupant containing instructions for the testing of
the device. For purposes of this subsection, deficiencies shall not include a worn battery or other replaceable
energy unit. The occupant shall be responsible for replacement of the battery or unit, except that such battery or
unit shall be in operating condition at the time the occupant takes possession. The owner or authorized agent
shall correct any reported deficiencies in the smoke detector and shall not be in violation of this section for a
deficient smoke detector when he or she has not received notice of the deficiency.
(c) In buildings constructed prior to January 1, 1982, smoke detectors shall not be required to be attached to a
centralized power source.
(d) Subsection 3 of S 8-177 shall apply solely to rental property.
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Approved as to Form T Nvf\.S
October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cant.)
SECTION 18. Section 8-182 of the Grand Island City Code is hereby amended to
read as follows:
~8-182. Standards
(1) General. Any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the
premises on which the same is located, in which there exists any of the following listed conditions to an extent that
endangers the life, limb, health, property, safety, or welfare of the public, or the occupants thereof, shall be deemed
and hereby is, declared to be a substandard building. The extent of danger of life, limb, health, property, safety, or
welfare of the public or the occupants thereof shall be determined by the chief building official and the health and
sanitation officer, and upon request, the fire chief.
(2) Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:
(a) Lack of, or improper water closet, lavatory bathtub or shower in a dwelling unit or lodging house.
(b) Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.
( c) Lack of, or improper kitchen sink in a dwelling unit.
(d) Lack of hot and cold running water to plumbing fixtures in a hotel.
(e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
(f) Lack of adequate heating facilities.
(g) Lack of, or improper operation of required ventilating equipment.
(h) Lack of minimum amounts of natural light and ventilation required by this code.
(i) Room and space dimensions less than required by this code.
(j) Lack of required electrical lighting.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents as determined by the health officer.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal system.
(0) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer.
(3) Structural Hazards. Structural hazards shall include but not be limited to the following:
(a) Deteriorated or inadequate foundation.
(b) Defective or deteriorated flooring or floor supports
(c) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(d) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective
material or deterioration.
(e) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads
with safety.
(f) Members of ceilings, roofs, ceiling and roof supports or other horizontal members with sag, split or buckle
due to defective material or deterioration.
(g) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient
size to carry imposed loads with safety.
(h) Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.
(i) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(4) Nuisance. Any nuisance as defined in this code.
(5) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect
at the time of installation or electrical wiring not installed in accordance with generally accepted construction
practices in areas where no codes were in effect or which has not been maintained in good condition or which is not
being used in a safe manner shall be considered substandard.
(6) Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of
installation or plumbing not installed in accordance with generally accepted construction practices in areas where no
codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or
siphonage between fixtures shall be considered substandard.
(7) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code
requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally
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Approved as to Form ... ~
October 25. 2000 '" City Attorney
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ORDINANCE NO. 8634 (Cant.)
accepted construction practices in areas where no codes were in effect or which has not been maintained in good and
safe condition shall be considered substandard.
(8) Faulty Weather Protection, which shall include but not be limited to the following:
(a) Deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken
windows or doors.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering
due to lack of paint or other approved protective covering.
(d) Broken, rotten, split or buckled exterior wall coverings or roof coverings.
(9) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation
which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or
explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(10). Faulty Materials of Construction. All materials of construction except those which are specifically allowed or
approved by this code and the Building Code, and which have been adequately maintained in good and safe
condition.
(11) Hazardous or Unsanitary Premises. Those premises on which an accumulation of litter, weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar
materials or conditions constitute fire, health or safety hazards.
(12) Inadequate Exits. Except for those buildings or portions thereof which have been provided with adequate exit
facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed
in violation of code requirements in effect at the time of their construction or whose exit facilities have not been
increased in number or width in relation to any increase in occupant load due to alterations, additions or change in
use or occupancy subsequent to the time of construction shall be considered substandard.
Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or
portions thereof shall be considered substandard when the building official finds that an unsafe condition exists
through an improper location of exits, a lack of an adequate number or width of exits, or where other conditions
exist which are dangerous to human life.
(13) Inadequate Fire-protection or Fire-fighting Equipment. All buildings or portions thereof which are not
provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except
those buildings or portions thereof which conformed with all applicable laws at the time of their construction and
whose frre-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and
improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(14) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining
purposes which were not designed or intended to be used for such occupancies.
SECTION. 19. Section 9-45 of the Grand Island City Code is hereby amended to
read as follows:
~9-45. Preferential or Discriminatory Practices Prohibited
(A) An MCS provider shall not, as to rules, regulations, rates, charges, provision of service, or use of a
provider's facilities and equipment, make, allow, or grant any undue preference or advantage to any person, nor
subject any person to prejudice or disadvantage on the basis of age, race, creed, color, sex, national origin, handicap,
religious affiliation or location ofresidence.
(B) Consistent with Section 621 (a) (3) of the CCPA (codified at 47 USC 541 (a) (3)), MCS providers
classified as cable operators shall not deny cable service, or the extension of cable service, to any group of potential
residential cable subscribers because of the income of the residents of the local area in which such group resides.
(C) Consistent with subsections (A) and (B) of this Section, an MCS provider shall not provide multi-
channel service in a "cherry-picking" or "cream-skimming" manner or fashion, to the exclusion of other residents
based on the excluded residents' income.
(D) Subsection (A) of this Section, however, does not prohibit an MCS provider from offering a
promotional or incentive discount rate or charge as long as the rate or charge does not exceed three hundred seventy
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Approved as to Form
October 25. 2000
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ORDINANCE NO. 8634 (Cont.)
(370) days in length. This subsection does not prohibit an MCS provider from offering special incentive rates such
as one (1) month basic service free, if twelve (12) months of basic service are paid in one payment or within a
certain time-frame.
(E) Subsection (A) of this Section, also does not prohibit an MCS provider from denying service based on
location of residence, if that residence is outside the parameters for line extension as detailed in a franchise
agreement (if applicable).
(F) Subsection (A) of this Section also does not prohibit an MCS provider from implementing a carefully
designed no-frills service tier or service cluster for "lower income", and/or fixed income individuals.
(G) Subsection (1) of this Section also does not prohibit an MCS provider from making agreements or
entering into multi-channel service agreements with multiple dwelling unit owners (including hotel, motel, and
manufactured home park owners) to provide multi-channel service under a bulk billing or other type of arrangement.
SECTION. 20. Section 11-2 of the Grand Island City Code is hereby amended to
read as follows:
~1l-2. Purposes
The purpose of this commission in performing the duties as set forth herein shall be:
(A) To insure that there shall be no discrimination in the acquisition, ownership, possession, or enjoyment
of housing throughout the City of Grand Island in accordance with Article I, Section 25, of the Constitution of
the State of Nebraska.
(B) To insure that all persons within the City of Grand Island shall be entitled to full and equal enjoyment
of the accommodations, advantages, facilities, and privileges of the inns, hotels, motels, trailer courts,
manufactured home courts, taverns, restaurants, public conveyances, barber shops, beauty parlors, places of
amusement and recreation, and any other public accommodations, advantage, facility, and privilege, subject
only to the conditions and limitations established by law and applicable alike to every person.
(C) To foster, encourage, and promote mutual respect and understanding among all individuals in the city;
to promote and encourage respect for law and order; and to discourage unlawful conduct and violence in the
attainment of the goals of equality in civil rights, housing opportunities, and employment within the City.
(D) To foster the employment and housing of all qualified persons regardless of their race, color, creed,
religion, ancestry, sex, marital status, national origin, age, or disability, and to safeguard these rights for all
individuals.
SECTION 21. Section 13-17.1 of the Grand Island City Code is hereby amended
to read as follows:
~13-17.1 Special Employer/Employee Parking Permit
A special parking permit may be issued to employers and employees of certain businesses for use at the 2-
hour parking lot located on the north side of the 300 block of West Second Street, commonly known as the
"Chamber Lot" under the following conditions:
(A) Employers must have a business, and employees must be employed by a business whose street
addresses are in the following blocks: the 100 and 200 blocks of North Wheeler Street; the 100 and 200 block
of North Walnut Street; the 200, 300 and 400 blocks of West Second Street, and the south side of the 300 block
of West Third Street.
(B) Applicants must pay a nomefundable fee in accordance with the City of Grand Island Fee Schedule for
each parking permit. Each parking permit commences upon issuance and expires on December 31 of each year.
Application for or renewal of each parking permit requires the completion of an application form, the approval
of such application, and payment of the fee set forth in the City of Grand Island Fee Schedule. Applications for
renewal of the parking permit shall be made with the Downtown Development Division office.
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Approved as to Form T
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cant.)
(C) The parking permit provided by the Downtown Improvement Board must be placed on the rearview
mirror and must be visible at all times while the vehicle is parked in the "Chamber Lot".
(D) The parking permit is valid in the "Chamber Lot" only.
SECTION 22. Section 15-4 of the Grand Island City Code is hereby amended to
read as follows:
~15-4. Electrical Plans
Wherever the Building Code of the City requires that plans be filed with the building department for the
construction and alteration of dwellings and all other buildings and structures in the City, there shall also be filed a
detailed plan of the electrical work to be done on such structures which plan shall show the outlets, connections, and
all fixtures and appliances to be installed. If deviations are made from an approved set of plans, then the changes
shall be submitted for approval. When the electrical work to be done is for additional wiring only, the chief building
official may approve the same without plans therefor.
SECTION 23. Section 15-14 of the Grand Island City Code is hereby amended to
read as follows:
~15-14. Permit for Work; Required
No electrical wiring work, unless excepted in this section, shall be undertaken prior to the issuance of a
permit therefor by the chief building official. Such permit shall be issued only to a registered contracting electrician.
No permit shall be required for minor repair work such as repairing flush and snap switches, replacing
fuses, changing lamp sockets and receptacles, taping bare wires and joints, and repairing drop cords.
SECTION 24. Section 15-18 of the Grand Island City Code is hereby amended to
read as follows:
~15-18. Investigation Fees; Work Without a Permit
(A) Whenever any work for which a permit is required by this Code has been commenced without first
obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
(B) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or
subsequently issued. The investigation fee shall be in accordance with the City of Grand Island Fee Schedule. The
payment of such investigation fee shall not exempt any person from compliance with all other provisions of this
Code, nor from penalty prescribed by law.
(C) This provision shall not apply to emergency work when it shall be proven to the satisfaction of the chief
building official that such work was urgently necessary and that it was not practical to obtain a permit before the
commencement of the work. In such cases, a permit must be obtained as soon as it is practical to do so.
SECTION 25. Section 15-22 of the Grand Island City Code is hereby amended to
read as follows:
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Approved 85 to Form T ~
October 25, 2000 ~ City Attorney
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ORDINANCE NO. 8634 (Cont.)
~15-22. Inspections; Required
Upon the completion of the wiring of any building it shall be the duty of the person installing same to
notify the electrical inspector, who shall inspect such installation within twenty-four hours of the time such notice is
given, and if it is found to be in full compliance with this article, and does not constitute a hazard to life or property,
he shall issue to such person for delivery to the owner of such building, a certificate of inspection, authorizing
connection to the electrical service and the turning on of current, provided, that upon application to the chief
building official, a temporary permit may be issued by the chief building official to energize a portion of the
electrical wiring in a building for uses specified by the chief building official for a period of time not to exceed sixty
days. All electric apparatus, wires or conduits that are to be hidden from view shall be inspected before concealment,
and any person installing such wires shall notify the electrical inspector, giving him twenty-four hours in which to
make the required inspection before such wires are concealed.
SECTION 26. Section 15-25 of the Grand Island City Code is hereby amended to
read as follows:
~15-25. Designation of Electrical Inspector
Electrical inspections shall be under the supervision of the chief building official. The inspector in charge
of these inspections shall be referred to in this article as the electrical inspector.
SECTION 27. Section 15-30 of the Grand Island City Code is hereby amended to
I read as follows:
~15-30. Electrical Board; Appointment
The electrical board shall be appointed by the mayor annually, with the approval of the city council, and
shall consist of a master electrician, a journeyman electrician, a representative of the city utility department, a
representative of the public at large, and the building department director, who shall act as ex officio chairman of
such board. Three members of the electrical board shall constitute a quornm.
I
SECTION 28. Section 15-35 of the Grand Island City Code is hereby amended to
read as follows:
~15-35. Registration Required
No person shall engage in the business of electrical wiring in the City until such person is registered in the
Building Department as a contracting electrician.
(A) Registration; Individual. No person shall be registered as a contracting electrician unless he or she is licensed
as an electrical contractor or a master electrician and has the required insurance. All licenses shall be current and
issued by the State of Nebraska.
(B) Registration; Firm, Corporation. No firm, association, or corporation shall be registered as a contracting
electrician unless the proper officers of the concern shall certify to the building department director that an identified
licensed contracting electrician or master electrician is an officer, member, or a regular employee of such concern
and that such electrical contractor or master electrician will be in direct supervision of all the electrical wiring work
contracted and done by such concern, and unless such concern has the required insurance.
(C) Registration Certificate; Fee. The fee to be collected by the building department for the registration of
contracting electricians shall be in accordance with the City of Grand Island Fee Schedule.
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Approved as to Form ... ~
October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
(D) Registration Certificate. The building department director shall issue a certificate of registration to any
contracting electrician applying for such and qualifying under the provisions of this article, for a period beginning
on the date thereof and expiring on December 31 of the same year. The holder of the certificate shall display same at
his or her regular place of business.
(E) Registration Certificate; Renewal. Renewal of a registration certificate may be obtained upon the showing of
qualifications as provided for in this article and upon the payment of the proper fee.
SECTION 29. Section 15-42 of the Grand Island City Code is hereby amended to
read as follows:
~15-42. Temporary Journeyman; License
The chief building official may issue a temporary journeyman electrician's license pending examination,
provided, the applicant therefor holds a similar license from an examining board equivalent to the board of
examiners established pursuant to this article. Such permit shall be valid until the next examination by such board of
examiners.
SECTION 30. Section 15-46 of the Grand Island City Code is hereby amended to
read as follows:
~15-46. Registration Certificate; License; Revocation
(A) Registration Certificate; Revocation. The city council, by a majority vote, shall have the power to
revoke the license or certificate of any contracting, master, or journeyman electrician issued pursuant to this article,
upon the recommendation of the electrician's examining board, if such license was obtained through error or fraud,
or if the recipient thereof is shown to be grossly incompetent, or has a second time willfully violated any of the
provisions of this article. This penalty shall be cumulative and in addition to the penalties prescribed for the
violation of the provisions of this article.
(B) Licenses; Revocation. If any person's qualifications for a registration certificate under this article shall
fail at any time during the term thereof, such certificate shall be revoked and canceled immediately by the building
official, who shall serve notice of such action by registered mail to the holder of the certificate.
(C) Registration Certificate; Licenses; Notice and Hearing. Before a license issued pursuant to this article
may be revoked, the licensee shall have notice in writing, enumerating the reasons for revocation, and shall be
entitled to a hearing before the city council not sooner than five days from the date of receipt of the notice. The
licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-
examination. All such testimony before the city council shall be given under oath. The city council shall have the
power to administer oaths, issue subpoenas, and compel the attendance of witnesses in such cases.
(D) Decision of Council Final; Reapplication. The decision of the city council relative to the revocation of
a license issued pursuant to this article shall be based upon the evidence produced at the hearing, and such decision
shall be [mal. A person whose license has been revoked shall not be permitted to reapply for another such license
within one year from the date of such revocation.
SECTION 31. Section 15-50 of the Grand Island City Code is hereby amended to
read as follows:
~15-50.
Deposit Requirements
(A) Except as provided below, all electric service accounts established under the commercial rate structure
Approved as to Form l' W
October 25, 2000 ... I Y Attorney
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ORDINANCE NO. 8634 (Cont.)
shall be required to maintain a deposit in an amount to be determined by the utilities department as set forth in this
section.
(B) Deposits for accounts in existence before September 1, 1983, shall be maintained in the amount
established under the ordinances in effect at the time of the initial deposit, unless said deposit has been distributed
under the provisions of this section.
(C) Deposits for any account created on or after September 1, 1983, and deposits for all accounts for which
service has been reinstated after being disconnected for nonpayment shall be maintained in an amount of not less
than Two Hundred Dollars ($200), nor more than Two Thousand Dollars ($2,000), as determined by the utilities
department. The exact amount of the deposit required should be equal to approximately two times the estimated
billing for the highest usage month of the calendar year.
(D) From and after September 1, 1983, all deposits required herein shall accrue interest at the rate of six
percent (6%) per annum, which shall be payable to the customer only at the time the deposit is refundable as
provided in subsection (E) below.
(E) The deposit required herein shall be refunded to the customer as follows:
(1) When the electric service has been disconnected, whether at the request of the customer or for
nonpayment of the customer's electric bill, or a new account has been created for said service with a
different customer, and a final reading has been taken, any deposit on hand plus the accrued interest
thereon, and minus the amount of any unpaid billing statement and other charges, shall be refunded to
the customer; or
(2) After at least two years of continuous service to the customer, if the monthly payments for the
account have been made promptly, with no more than two delinquent payments during the twenty-four
(24) month period immediately preceding the request, the customer may request the utilities
department in writing to refund the deposit. Upon receipt of the request, and if the above conditions of
prompt payment have been met, the utilities department shall refund any deposit on hand, plus the
accrued interest to the customer. For the purposes of this subsection, a payment shall be deemed
delinquent if made more than fifteen (15) days after the date set forth on the monthly billing statement.
SECTION. 32. Section 16-2.1 of the Grand Island City Code is hereby amended
to read as follows:
~16-2.1. Building Plans; Fees
In addition to the building permit fee in Chapter 8, there shall be a fire department plan review fee in
accordance with the City of Grand Island Fee Schedule for the review of said plans as required by state statutes.
Such fee shall be paid to the Fire Department.
SECTION. 33. Section 16-3 of the Grand Island City Code is hereby amended to
read as follows:
~16-3. Uniform Fire Code; Sections Not Adopted
It is especially provided that the following chapters, sections, and/or portions of the Uniform Fire Code
adopted pursuant to Section 16-1 above, are not adopted or approved, and the same shall be of no force and effect in
accordance with state statutes:
1. Article 78 entitled "Fireworks"
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Approved as to Form T ~
October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
SECTION. 34. Article III. and Section 16-23 of the Grand Island City Code is
hereby deleted.
SECTION. 35. Section 16-30 of the Grand Island City Code is hereby amended
to read as follows:
~16-30. Unattended Self-Service Fuel Stations
Card operated dispensing systems activated by a card, code, or other means of access to a customer's
account, or any combination thereof, that may be used by the customer for the purpose of initiating electronic fund
transfers and cash or coin operated dispensing systems shall be permitted at self-service stations whether or not an
attendant is on duty at the time such dispensing systems are in operation and open to the public; provided,
(1) Listed dispensing devices including automatic-closing-type hose nozzle valves with or without a latch-
open device shall be used for dispensing Class I, II, and III-A liquids. The dispensing devices shall include
listed equipment with a feature that causes or requires the closing of the hose nozzle before the product flow can
be resumed or before the hose nozzle valve can be replaced in its normal position in the dispenser.
(2) Clearly labeled emergency controls shall be installed at a location more than twenty feet but less than
one hundred feet from dispensers. Additional emergency controls shall be installed on each group of dispensers
for the outdoor equipment used to control the dispensers. Emergency controls shall shut off power to all
dispensing devices at the station and shall require manual resetting.
(3) Operating instructions shall be conspicuously posted in the dispensing area and shall include location of
the emergency controls and a requirement that the customer must stay outside of his /her vehicle, in view of the
fueling nozzle during dispensing.
(4) Emergency instructions shall be conspicuously posted in the dispensing area which incorporate the
following or equivalent wording:
Emergency Instructions In Case of Fire or Spill:
1. Use emergency stop button.
2. Report accident and location by calling 911 on the telephone.
(5) A clearly identified telephone or alarm device directly connected to the 911 Center to notify the Fire
Department shall be provided in a conspicuous location on the site subject to approval by the Fire Department.
SECTION 36. Section 17-40 of the Grand Island City Code is hereby amended to
read as follows:
~17-40. Junked Vehicles; Public Nuisances
The storage of any junked vehicle or any vehicle parts on any tract of land within the City of Grand Island
shall be deemed a public nuisance and may be abated pursuant to Section 20-15 of the Grand Island City Code upon
written request by the Director of the Department of Health, Grand Island Police Department, the Building
Department Director, or the Code Compliance Officer to the City Attorney pursuant to Section 20-15 of the Grand
Island City Code. It shall be unlawful for any owner, owner's duly authorized agent or person in possession, charge
or control, or the occupant of such a tract to cause, maintain, or permit such public nuisance to exist on said
property, except in a manner as set forth below.
SECTION 37. Section 18-6 of the Grand Island City Code is hereby amended to
read as follows:
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Approved as to Form ,,~
October 25. 2000 . City Attorney
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ORDINANCE NO. 8634 (Cont.)
~18-6. Examining Board; Membership
There is hereby created an examining board for gas fitters which shall be comprised of the chief building
official, gas inspector, two appointees from the local heating trades group, and one member from the gas company,
all to be selected by the chief building official and approved by the Council. One of such appointees shall be a
regularly licensed master plumber, and one shall be a gas fitter duly authorized and licensed to install central heating
hot air furnaces or other gas burning equipment.
SECTION 38. Section 18-11 of the Grand Island City Code is hereby amended to
read as follows:
~18-11. Office Created; Authority; Assistants
There is hereby created and established the office of the gas inspector, who shall be the chief building
official, and who shall have supervision of all gas installation work in the city and the two mile area adjacent
thereto. The gas inspector shall have such assistance as may be necessary. Assistants shall be hired only after being
examined and recommended by the chief building official. Any such assistant shall have the same power as the gas
inspector.
Rules and regulations of Chapter 18, Gas, of the Grand Island City Code shall be reference to ~26-5 and
~26-6 of Chapter 26, Plumbing, of the Grand Island City Code.
SECTION 39. Section 18-13 of the Grand Island City Code is hereby amended to
I read as follows:
~18-13. Inspections
It shall be the duty of the gas inspector to make inspections of any gas piping, appliance installation or
connections at the request of the installer, department head, owner, agent, tenant, or occupant of any building or the
premises where such gas piping work is located in order to ascertain whether or not the gas piping or appliances in
such building or premises are in a safe condition. The inspector shall have the authority to enter any building or
upon any premises at all reasonable hours to ascertain if the provisions of this article, or any ordinances relating to
gas piping or appliance installations have been or are being violated or being complied with, and should the
inspector, upon making such an inspection as requested by the installer, owner, agent, tenant, or department head,
find an unsafe or unsatisfactory installation, the inspector shall have the authority to request the gas company to shut
off the appliance or service at the meter (depending upon the seriousness of the conditions as determined by the
inspector), tag same, and shall notify the installer immediately if the job is a new installation, or the owner, agent,
tenant, or one in charge of the property to cause the same to be remedied within a specified time, not exceeding ten
days if the same is not a new installation. Should the installer, owner, agent, tenant, or one in charge of the premises
fail to make such corrections, changes or repairs, or fail to notify the inspector to make a reinspection within the
specified time after receiving such notification to comply therewith, said owner, agent, tenant, installer or person in
charge, shall be considered maintaining an unsafe gas installation and violating the requirements hereof, and the
inspector shall make a reinspection of the premises and report the findings to the chief building official, who shall in
turn cause action to be taken in the proper court to secure compliance, and the penalties as set forth in this chapter
shall apply. It shall be the duty and the responsibility of the installer or one making such correction, changes or
repairs to notify the inspector within forty-eight hours after completion of such correction, changes or repairs, and
request a reinspection.
I
Approved as to Form .., jyy\.S
October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
SECTION 40. Section 18-20 of the Grand Island City Code is hereby amended to
read as follows:
~18-20. Application
Application for registration shall be made in writing to the building department upon blanks furnished by
that office which shall show the name, residence and business location of the applicant and such other information
as may be required.
SECTION 41. Section 18-22 of the Grand Island City Code is hereby amended to
read as follows:
~18-22. Examination; Prerequisites; Exemptions
(A) Before the applicant shall be registered as a master gas fitter, contractor or journeyman, as the case
may be, he or she shall submit to an examination to determine fitness and competency to engage in the business,
trade, or calling of gas fitting or appliance installation work, as the case may be, which examination shall be given
by the examining board for gas fitters as hereinbefore set forth, such applicant after having by such examination
been shown to be fit, competent and qualified to engage in the business, trade, or calling of a master or journeyman
gas fitter, as the case may be, shall be registered by the chief building official, who shall deliver to such applicant a
certificate of registration, signed by the chief building official.
(B) An applicant failing to pass an examination shall not be eligible for re-examination until eighty five
days shall have elapsed after the previous examination. Each applicant shall pay an examination fee for each re-
examination.
(C) Any applicant validly registered or licensed as a master gas fitter, contractor or journeyman, or
equivalent capacity by the city of Hastings or the city of Kearney, shall be exempt from taking the foregoing
examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent
license upon application and payment of fees.
SECTION 42. Section 18-26 of the Grand Island City Code is hereby amended to
read as follows:
~18-26. Expiration of Insurance
Any registration certificate issued to a master gas fitting contractor under the provisions of this chapter
shall be revoked by the mayor and city council should the holder of such registration certificate permit the insurance
policy herein required to expire or lapse. Any corporation, firm, or partnership which may be registered hereunder as
a gas fitter in the name of such corporation, firm, or partnership, shall have a master gas fitter who has submitted to
the examination given by the examining board for gas fitters and has thereby shown himself or herself fit, competent
and qualified to engage in the business, trade, or calling of gas fitting and appliance installation as a bona fide
officer of such corporation or as a member of such firm or partnership and who shall at all times be in actual charge
of and be responsible for the installation, removal, or repair of any gas fitting work or appliance installation work
done by such corporation, firm or partnership. Before such corporation, firm, or partnership shall be registered in its
corporate, firm, or partnership name as a gas fitter, there shall be filed with the chief building official a certificate
from the examining board of gas fitters showing the fitness and competency of such officer of such corporation or
such member of such firm or partnership to engage in the business or calling of master gas fitter; provided, if, after a
certificate of registration is issued such corporation, such member of such firm or partnership shall withdraw
therefrom and cease to be connected therewith, then and in that event, the mayor and city council shall forthwith
- 17 -
Approved as to Form T ~
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
revoke the certificate of registration of such corporation, firm, or partnership upon the request of the chief building
official.
SECTION 43. Section 18-29 of the Grand Island City Code is hereby amended to
read as follows:
~18-29. Corporations; Registration; Revocation
Any corporation, firm, or partnership which may be registered hereunder as a gas fitter in the name of such
corporation, firm or partnership shall have a master gas fitter who has submitted to the examination given by the
examining board for gas fitters and installers and has thereby shown himself or herself fit, competent and qualified
to engage in the business, trade, or calling of gas fitting and installing as a bona fide officer of such corporation or as
a member of such firm or partnership and who shall at all times be in actual charge of and be responsible for the
installation, removal or repair of any gas fitting work done by such corporation, firm, or partnership. Before such
corporation, firm or partnership shall be registered in its corporate, firm, or partnership name as a gas fitter, there
shall be filed with the chief building official a certificate from the examining board of gas fitters showing the fitness
and competency of such officer of such corporation or such member of such firm or partnership to engage in the
business or calling of master gas fitters; provided, if, after a certificate of registration is issued such corporation,
such member of such firm or partnership shall withdraw therefrom and cease to be connected therewith, then and in
that event the city council shall forthwith revoke the certificate of registration of such corporation, firm or
partnership upon the request of the chief building official.
SECTION 44. Section 18-32 ofthe Grand Island City Code is hereby amended to
read as follows:
~18-32. Revocation; Re-Registration
The mayor and council by a majority vote shall have the power to revoke any gas fitter's or master gas
fitter's certificate or registration upon the recommendation of the chief building official and examining board for gas
fitters if the same was obtained through enor or fraud or if the recipient thereof is shown to be grossly incompetent
or has willfully violated any of the provisions of this article or the gas fitter's code of the City a second time. This
penalty shall be cumulative and in addition to the penalties prescribed for the violation of the provisions of this
article. If a certificate of registration be revoked, the holder of the same shall not apply for registration until one year
from the date of such revocation.
SECTION 45. Section 18-33 of the Grand Island City Code is hereby amended to
read as follows:
~18-33. Renewal
Certificates of registration at the time of their expiration may be renewed upon recommendation of the
chief building official for gas fitters without an examination upon payment of the required registration and license
fees.
Any person licensed under the provisions of this division as a master or journeyman gas fitter who does not
renew his or her license within a period of one month after the expiration of the same shall pay the examination fees
required by this division, and submit to an examination by the examining board before such person can be licensed
hereunder.
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Approved as to Form ,.. ~
October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
SECTION 46. Section 18-36 of the Grand Island City Code is hereby amended to
read as follows:
~18-36. Unregistered Gas Fitter
It shall be unlawful for any person to cause or permit any job of gas fitting or making any gas connection
incident to any property owned, managed, or controlled by such person unless the fitter performing such work has
been registered as required by this division and has received a permit from the chief building official for such
particular work; and any such person causing or permitting any such work to be done in violation of the provisions
hereof shall be guilty of a violation of this division and subject to the penalties hereinafter provided for such
violation.
SECTION 47. Section 18-37 of the Grand Island City Code is hereby amended to
read as follows:
~18-37. Required; To Whom Issued; Term
Before any new gas fitting or appliance installation is started or any repairs are made to existing gas fitting
or appliance installation inside any building or structure, except the stoppage of leaks or minor repairs or
adjustments, a permit shall be obtained from the chief building official and the required fee paid to the city building
department. No permits shall be issued to anyone except a licensed master gas fitting contractor or authorized
journeyman gas fitter. All gas fitting or appliance installation work shall be inspected by the gas inspector. All gas
fitting or appliance installation permits shall expire and become invalid sixty days after the date of their issuance.
SECTION 48. Section 19-6 ofthe Grand Island City Code is hereby deleted.
SECTION 49. Section 22-1 of the Grand Island City Code is hereby amended to
read as follows:
~22-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Allev shall mean a street intended to provide access to the rear or side of lots or buildings and not intended
for the purpose of through vehicular traffic.
Allev entrance shall mean the extension of the alley from the property line to the street curb line.
Arterial street shall mean any street designated by the city council as part of a major arterial system of
streets.
Authorized emergency vehicle shall mean vehicles of the Fire Department, the Police Department, or
ambulance owned by public or privately-owned ambulance services.
Automatic traffic signals shall mean any device electrically or mechanically controlled by which traffic is
alternately directed to stop and proceed.
Bicvcle shall mean every device propelled solely by human power, upon which any person may ride, and
having two or more wheels, either of which is more than fourteen inches in diameter.
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Approved as to Form T ~
October 25, 2000 ... City Attorney
I
ORDINANCE NO. 8634 (Cant.)
I
Bus shall mean every motor vehicle designed for carrying more than ten passengers and used for the
transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation
of persons for compensation.
Congested district shall include that portion of the City within the following bounds:
South Front Street from Oak Street to Walnut Street;
Third Street from the Burlington Northern-Sante Fe Railroad Company right-of-way to Eddy Street;
Second Street from the Burlington Northern-Sante Fe Railroad Company right-of-way to Elm Street;
First Street from Sycamore Street to Cedar Street;
Fourth Street from Eddy Street east to Sycamore Street;
Oak Street from Second Street to Fourth Street;
Kimball A venue from Second Street to South Front Street;
Sycamore Street from First Street to Fourth Street;
Pine Street from Court Street to Sixth Street;
Locust Street from South Front Street to Charles Street;
Wheeler A venue from South Front Street to Koenig Street;
Walnut Street from First Street to Fifth Street;
Cedar Street from First Street to South Front Street;
Elm Street from Second Street to Fourth Street;
Cleburn Street from Second Street to Fourth Street; and
Eddy Street from Second Street to Fourth Street.
Crosswalk shall mean:
(A) That part of a roadway at an intersection included within the connections of the lateral lines of the
sidewalk on opposite sides of the street measured from the curbs, or in the absence of curbs from the edge
of the roadway;
(B) Any portion of a roadway at an intersection or elsewhere distinctly designated for pedestrian crossing
by lines, signs, or other devices.
Curb shall mean the lateral boundaries of that portion of a street designed for the use of vehicles,
whether marked by curb stones or not so marked.
Driver or operator shall mean any person who drives or is in actual physical control of a vehicle.
Intersection or street intersection shall mean the area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or
more highways which join one another at, or approximately at, right angles, or the area which vehicles
traveling upon different highways joining at any other angle may come in conflict. Where a highway
includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting
highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such
highways shall be regarded as a separate intersection. The junction of any alley with a street shall not
constitute an intersection.
Median shall mean that part of a divided street or highway, such as a physical barrier or clearly
indicated dividing section or space, so constructed as to impede vehicular traffic across or within such
barrier, section, or space, or to divide such highway or street into two roadways for vehicular travel in
opposite directions.
Moved shall mean a bicycle with fully operative pedals for propulsion by human power, an
automatic transmission and a motor with a cylinder capacity not exceeding fifty cubic centimeters which
produces no more than two brake horsepower and is capable of propelling the bicycle at a maximum design
speed of no more than thirty (30) miles per hour.
Motorcvcle shall mean every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
Motor Vehicle shall mean every self-propelled land vehicle, not operated on rails, except mopeds
or self-propelled invalid chairs.
Official Traffic Siznals shall mean all signals not inconsistent with this chapter, placed or erected
by authority of the city councilor official having authority for the purpose of directing, warning, or
regulating traffic.
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Approved as to Form ...
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
One-Way Street shall mean a street designated as such by the city council upon which vehicle
traffic shall move in one direction.
Owner shall mean a person, other than a lienholder, having the property in or title to a vehicle. The
term includes a person entitled to the use and possession of a vehicle subject to a security interest in another
person, but excludes a lessee under a lease not intended as security.
Park or Parking shall mean the standing of a vehicle, whether occupied or not, upon a street or
alley, otherwise than in obedience to traffic regulations or a traffic control device.
Pedestrian shall mean any person afoot.
Person shall mean every natural person, firm, partnership, association, or corporation.
Police Officer or Traffic Officer shall mean every officer of the Grand Island Police Department,
or any officer authorized to direct or regulate traffic or make arrests for the violation of traffic regulations.
Private Road or Driveway shall mean every way or place in private ownership and for vehicular
travel by the owner or those having express or implied permission from the owner but not by other persons.
Right-or-Way shall mean the privilege of the immediate use of the street.
Safety Zone shall mean the area or space officially set apart within a street for the exclusive use of
pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone.
Sidewalk shall mean that portion of the sidewalk space intended for use by pedestrians or any
pathway or route intended for use by pedestrians.
Sidewalk Space shall mean that portion of a street between the curb lines and the adjacent property
lines.
StOlJ, when required, shall mean complete cessation of movement.
Street or Highway shall mean the entire width between the boundary limits of any street, road,
avenue, boulevard or way which is publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Traffic shall mean pedestrians, ridden or herded animals, and vehicles and other conveyances,
either singly or together, while using any street or highway for purposes of travel.
Traffic Control Device shall mean any sign, signal, marking or other device placed or erected by
authority of the City of Grand Island, the County of Hall, the State of Nebraska, or the United States of
America for the purpose of regulating, warning, or guiding traffic.
Traffic Lane shall mean that portion of a street designated by the city council as a path, track, or
passageway within which vehicular traffic shall move.
Trailer shall mean any vehicle with or without motive power designed for carrying persons or
property and for being drawn by a motor vehicle.
Truck shall mean any motor vehicle designed, used, or maintained primarily for the transportation
of property, and shall specifically include truck-tractors, with or without trailers, which are licensed for a
GVW of six tons or more.
Vehicle shall mean every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively
upon stationary rails or tracks.
Viaduct shall mean a bridge-like structure carrying highway or street over another highway or
street or over railroad tracks.
All words and phrases not defined herein shall have ascribed to them the definition set forth in Chapter 60, Revised
Statutes of Nebraska, as amended.
SECTION 50. Section 22-119 of the Grand Island City Code is hereby amended
to read as follows:
~22-119. Removal of Stalled or Parked Vehicles
(1) Members of the police department are hereby authorized to remove or have removed a vehicle from a street to
- 21 -
Approved as to Form
October 25, 2000
I
ORDINANCE NO. 8634 (Cont.)
another place or location on a street or to a lot, garage, storage yard, or other similar facility designated by the police
department when:
(A) The vehicles on a snow emergency route are in violation of this division.
(B) The vehicle is stalled on a snow emergency route on which there is a parking prohibition in effect and
the person who is operating said vehicle does not appear to be removing it in accordance with the provisions of
this chapter.
(C) The vehicle is parked on any street in violation of this division.
(2) Such vehicle removal may be made by towing to the city automobile pound, pursuant to the provisions of
Chapter 22, Article IV, Division 3, of this Code, or the police department may cause such vehicles to be removed to
a private lot, garage, storage yard, or other similar facility; and any such vehicle shall not be released therefrom
except upon payment by the owner of the vehicle to the person or persons in charge of the lot, garage, storage yard,
or other similar facility for the cost of towing, and the cost of storage, which fee shall not exceed $3 for each twenty-
four hour period or fraction thereof, during which time the vehicle remains stored, and a receipt for such fees shall
be issued to the owner of the vehicle.
(3) It shall be the duty of the person or persons in charge of the lot, garage, storage yard, or other similar facility
designated by the police department to keep a record of the name of the owner of all vehicles towed in under the
provisions hereof, together with the registration number of each vehicle, and the nature and circumstances of each
violation, and the amount of fees collected hereunder, and to deliver a report of each day's transactions to the chief
of police not later than one day following the day for which the report is made.
SECTION. 51. Section 22-123 of the Grand Island City Code is hereby deleted.
SECTION 52. Section 24-4.3 is hereby added to the Grand Island City Code as
I follows:
~24-4.1. Dogs on Leash
No person owning or possessing a dog shall permit such dog on or along the hikelbike trails unless such
dog is securely fastened on a leash, cord or chain.
I
SECTION. 53. Section 24-7 of the Grand Island City Code is hereby amended to
read as follows:
~24-7. Fishing In City Lakes
(1) The public shall be permitted to fish in Pier Park Lake, L.B. Ray Lake, Eagle Scout Park Lake, and such
other bodies of water that have been stocked with fish, subject to the limitations set forth in this Code section.
(2) Fishing in Pier Lake will be limited to persons under sixteen years of age and persons over 65 years of
age; or persons (2 maximum) between the ages of 16 and 62 when accompanying an actively fishing child. All other
stocked lakes shall be open to fishing by persons of all ages.
(3) It shall be unlawful for any person to violate any of the above provisions or any state statute or
regulation pertaining to fishing.
SECTION. 54. Section 26-41 of the Grand Island City Code is hereby amended
to read as follows:
- 22-
Approved as to Form T ~
October 25, 2000 .... City Attorney
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I
I
ORDINANCE NO. 8634 (Cont.)
~26-41. Insurance
(l) Every licensee shall maintain in full force and effect insurance policies written by a company or companies
authorized to do business in Nebraska, with the following coverages and amounts.
(a) Comprehensive General Liability Insurance covering the operations of the licensee, including completed
operations, with limits of not less than $300,000 per occurrence for bodily injury and property damage.
(b) A provision making the City of Grand Island an additional insured for any third party claims for bodily
injury or property damage based upon occunences in connection with the licensee's business operations,
including completed operations, within the City's zoning jurisdiction.
(2) The licensee shall furnish the City of Grand Island with a certificate or certificates of insurance for the above
insurance coverage which shall contain a statement that said policies contain a provision that said policies may not
be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior
to the date of cancellation.
SECTION. 55. Section 26-42 of the Grand Island City Code is hereby amended
to read as follows:
~26-42. Use of Licensee's Name by Another
No person or concern who has obtained a contracting plumber's registration pursuant to this chapter shall
allow his or her name to be used by another person or concern, either for the purpose of obtaining permits, or for
doing business or work under such registration or license. Every person licensed pursuant to this section shall notify
the Board of any change of street address.
SECTION. 56. Section 26-43 of the Grand Island City Code is hereby amended
to read as follows:
~26-43. Examinations; Fee; Exemptions
Any person desiring to be licensed as a master plumber or as a journeyman plumber pursuant to this
chapter shall make written application for an examination to the Board. Examination fees shall be in accordance
with the City of Grand Island Fee Schedule.
Examination fees shall accompany such application and shall be accounted for and turned over to the City
Treasurer. Examination fees are not rehlrned but shall be forfeited in the event the applicant fails the examination.
Each applicant taking the plumbers examination shall also take the examination for the gas fitters license. Failure to
qualify as a gas fitter shall disqualify the applicant for either license. Only one examination fee shall be paid for
taking both examinations.
Any person validly registered or licensed as a master plumber or journeyman plumber or equivalent
capacity by the City of Hastings or the City of Kearney shall be exempt from taking the foregoing examination, and
provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon
application and payment of fees.
SECTION. 57. Section 26-45 of the Grand Island City Code is hereby amended
to read as follows:
~26-45. Re-Examination
Any person desiring to become a master plumber or a journeyman plumber who fails to pass an
examination pursuant to this chapter as prescribed by the Board may make written application for a subsequent
examination 85 days after taking the examination.
- 23 -
Approved as to Form ,,'l:iy~
October 25, 2000 . City Attorney
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I
I
ORDINANCE NO. 8634 (Cont.)
SECTION. 58. Section 26-51 of the Grand Island City Code is hereby amended
to read as follows:
~26-51. Conformance with Article
All cOlmections made to a water supply system which are not connected to the drainage system for the
purpose of installing, replacing, or relocating a water conditioning appliance, as defined by Section 26-52 shall be
made in conformance with the provisions of this article and the city code.
SECTION. 59. Section 26-53 of the Grand Island City Code is hereby amended
to read as follows:
~26-53. Water Conditioning Contractor
(1) No person shall engage in business as a water conditioning contractor without first obtaining a license
to do so from the Board.
(2) In case of any firm of more than one person or partnership engaged in the business of installing water
conditioning appliances, only one of such persons shall be required to qualify for a contractor's license. In case of
corporations, only one officer shall be required to qualify for such license.
(3) No license as a water conditioning contractor shall be issued by the Board unless the applicant therefore
first shall have passed the examination for water conditioning installer as prescribed by this article, and shall have a
regularly established place of business wherein he or she shall have posted in a conspicuous place the license issued
pursuant to this article.
(4) Every licensee shall maintain in full force and effect insurance policies written by a company or
companies authorized to do business in Nebraska with the following coverages and amounts:
(a) Comprehensive General Liability Insurance covering the operations of the licensee, including coverage for
completed operations, with limits of not less than $300,000 per occurrence for bodily injury and property
damage.
(b) A provision making the City of Grand Island an additional insured for any third party claims for bodily
injury or property damage based upon occurrences in connection with the licensee's business operations,
including completed operations, within the City's zoning jurisdiction.
(5) The licensee shall furnish the City a certificate or certificates of insurance for the above insurance
coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled
without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date
of cancellation.
SECTION. 60. Section 26-55 of the Grand Island City Code is hereby amended
to read as follows:
~26-55. License Required; Exception
No person shall install, replace, or relocate a water conditioning appliance without first having obtained the
necessary license from the Board to do so; provided, that a master plumber and a journeyman plumber licensed in
accordance with the provisions of this chapter may perform such work without securing an additional license.
- 24-
Approved as to Form T
October 25, 2000 ... City Attorney
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I
I
ORDINANCE NO. 8634 (Cont.)
SECTION. 61. Section 26-56 of the Grand Island City Code is hereby amended
to read as follows:
~26-56. Examinations
The Board shall, prior to issuing any license under this chapter, examine the applicant as to his or her
technical knowledge and ability to install water conditioning appliances, and knowledge of water supply piping and
fittings as related to the installation of water conditioning appliances. The examination shall not include the
applicant's knowledge of plumbing, house drainage, ventilation or sanitation to the extent required to meet the
standards applied in licensing master plumbers or journeymen plumbers.
SECTION 62. Section 26-60 of the Grand Island City Code is hereby amended to
read as follows:
~26-60. License; Fees
The fee to be collected by the building department for the registration of water conditioning contractors
shall be in accordance with the City of Grand Island Fee Schedule.
SECTION. 63. Section 26-61 of the Grand Island City Code is hereby amended
to read as follows:
~26-61. Licenses; Suspension and Revocation
Licenses issued pursuant to this article may be revoked or suspended by the city council upon
recommendation of the Board for the following reasons:
(1) Failure to comply with this article or any rules issued by the Board hereunder.
(2) Abandonment of any contract or undertaking without good cause or fraudulent departure from plans or
specifications.
(3) Failure to obtain or cause to be obtained permits when same are required by this chapter.
SECTION 64. Section 26-66 of the Grand Island City Code is hereby amended to
read as follows:
~26-66. Discretionary Action
In the case of discretionary actions and determinations of the chief building official or of the Board,
relevant facts shall be considered and determinations made in the exercise of reasonable discretion, and all such
determinations shall be final in the absence of abuse of discretion.
SECTION 65. Section 27-20 of the Grand Island City Code is hereby amended to
read as follows:
- 25 -
Approved as to Form T ~
October 25, 2000 ... City Attorney
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I
I
ORDINANCE NO. 8634 (Cant.)
~27-20. Contract Clauses
Contract Clauses. All City contracts for supplies, services, and construction shall include provIsIOns
necessary to define the responsibilities and rights of the parties to the contract. The purchasing agent may issue
clauses appropriate for supply, service, or construction contracts, addressing among others the following subjects:
(A) The unilateral right of the City to order in writing changes in the work within the scope of the contract;
(B) The unilateral right of the City to order in writing temporary stopping of the work or delaying
performance that does not alter the scope of the contract;
(C) Variations occurring between estimated quantities of work in contract and actual quantities;
(D) Defective pricing;
(E) Liquidated damages;
(F) Specified excuses for delay or nonperformance;
(G) Termination of the contract for default;
(H) Termination of the contract in whole or in part for the convenience of the City;
(I) Suspension of work on a construction project ordered by the City; and
(J) Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a
differing site conditions clause need not be included in a contract:
I. When the contract is negotiated;
II. When the contractor provides the site or design; or
III. When the parties have otherwise agreed with respect to the risk of differing site conditions.
Price Adiustments.
(A) Adjustments in price resulting fi'om the use of contract clauses shall be computed in one or more of
the following ways:
I. By agreement on a fixed price adjustment before commencement of the pertinent performance or as
soon thereafter as practicable;
II. By unit prices specified in the contract or subsequently agreed upon;
III. By the costs attributable to the events or situations under such clauses with adjustment of profit or
fee, all as specified in the contract or subsequently agreed upon;
IV. In such other manner as the contracting parties may mutually agree; or
V. In the absence of agreement by the parties, by a unilateral determination by the City of the costs
attributable to the events or situations under such clauses with adjustment of profit or as computed by
the City or as accounted for with reference to cost principles and subject to the provisions of 927-40
(Contract Claims).
(B) A contractor shall be required to submit cost and/or pricing data if any adjustment in contract price is
subject to the provisions of 927-16 (Cost or Pricing Data).
Standard Clauses and Their Modification. The purchasing agent may establish standard contract clauses for
use in City contracts. Any standard clauses may be varied, provided, that any variations are supported by a written
determination that states the circumstances justifying such variations, and provided, that notice of any such material
variation be stated in the invitation for bids or request for proposals. Contracts for public works shall include a
provision for the maintenance of fair labor standards as required in Neb. R.R.S. 73-102.
SECTION. 66. Section 30-1 of the Grand Island City Code is hereby amended to
read as follows:
~30-1. Definitions
The definitions of certain words and phrases used in this chapter shall be as follows:
Act shall mean the Clean Water Act of 1977 (PL 95-217), and any amendments thereto, as well as any
guidelines, limitations, and standards promulgated by EP A, pursuant to the Act.
Ammonia shall mean the chemical combination of hydrogen and nitrogen occurring in nature expressed as
NH3, NHz, or any of its derivatives as contained in the wastewater flow.
- 26-
Approved as to Form T
October 25, 2000 ... Ity Attorney
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I
I
ORDINANCE NO. 8634 (Cont.)
BOD (biochemicaloxvgen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams
per liter by weight. BOD shall be determined by standard methods as hereinafter defined.
Biodegradable Oils and Grease shall mean fats, oils, and greases of animal or vegetable origin contained in
the wastewater flow.
Building Sewer shall mean that part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the lateral sewer.
The building sewer shall extend two feet outside the building wall.
Citv shall mean the City of Grand Island, Nebraska.
Compatible Wastes shall mean wastes containing pollutants for which the water pollution control plant was
basically designed to treat and which are identified in the NPDES permit that is applicable to this treatment plant.
ComlJosite shall mean the makeup of a number of individual samples, so taken as to represent the nature of
wastewater or industrial wastes.
Constituents shall mean the combination of particles, chemicals, or conditions which exist in industrial
wastes.
Cooling Water shall mean the cleaned wastewaters discharged from any system of heat transfer such as
condensation, air conditioning, cooling, or refrigeration.
DeIJartment shall mean the City's Department of Public Works.
Director shall mean the Director of the Department of Public Works or his or her authorized representative.
EPA shall mean the United States Environmental Protection Agency.
Hvdrogen Sulfide shall mean the chemical combination of hydrogen and sulfide occurring in nature
expressed as H2S, HS-, or S2 as contained in the wastewater flow.
ICR shall mean industrial cost recovery.
Industrial Plant shall mean any facility which discharges industrial wastes as defined in this ordinance.
Industrial User shall mean:
(A) any nongovernmental, nonresidential user of the City's treatment works which discharges more than the
equivalent of 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and
sanitary waste, equivalent to 25,000 gallons per day of sanitary waste and which is identified in the Standard
Industrial Classification Manual under Divisions A, B, D, E, and I; or
(B) any nongovernmental user of the City's treatment works which discharges wastewater to the treatment
works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or
by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to
humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters
receiving any discharge from the treatment works.
Industrial Wastes shall mean the liquid wastes resulting from the processes employed in industrial,
manufacturing, trade or business establishments, as distinct from domestic wastes.
Lateral Sewer shall mean the sanitary sewer that extends from the building sewer to the public sanitary
sewer system.
Major Contributing Industrv shall mean an industrial user that:
(A) has a flow of 50,000 gallons or more per average work day; or
(B) has a waste strength greater than 5 percent of the plant design capacity; or
(C) has in its waste a toxic pollutant in toxic amounts; or
(D) is found to have significant impact, either singly or in combination with other contributing industries,
on the water pollution control plant, or upon the quality of the plant effluent.
mf!/l shall mean milligrams per liter.
Natural Outlet shall mean any natural outlet extending to a water course, pond, or other body of
surface or groundwater.
Normal Strenf!th Wastewater shall mean wastewater with pollutant strength values not exceeding the
following:
Ammonia............................................................................................ 30mg/l
Biochemical Oxygen Demand ......................................................... 300 mg/1
Hydrogen Sulfide.................................................................................. Omg/l
Suspended Solids ............................................................................. 300 mg/l
Biodegradable Oils and Grease........................................................ 100 mg/l
- 27-
Approved as to Form T "'?--N~
October 25. 2000 .... City Attorney
I
I
I
ORDINANCE NO. 8634 (Cont.)
Where the nature of the wastewater does not permit BOD determination, COD shall be substituted according to the
relation BOD = (K) (COD), where "K" is a constant to be determined by the Department.
NPDES Permit shall mean the National Pollutant Discharge Elimination System Permit as established by
the Act. All municipalities, industries, and commercial enterprises that discharge to surface watercourses are
required to have NPDES permits approved by EPA and in Nebraska by the Department of Environmental Quality.
Owner shall have the same meaning as Person defined in this section.
Planninz Area shall mean the Grand Island planning area as adopted by the Regional Planning
Commission.
Person or Owner shall mean any individual, firm, company, association, developer, corporation, or group.
Ph shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of
solution.
Pollution shall mean the placing of any noxious or deleterious substance in any waters of the City in
quantities which are or may be potentially harmful or injurious to human health or welfare, animal or aquatic life, or
property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
Pretreatment shall mean the application of physical, chemical and biological processes to reduce the
amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharge into a
sanitary sewer.
Public Sewer shall mean the sanitary and/or storm sewers owned by the people of Grand Island and
controlled and maintained by the Department of Public Works.
Residential Strength Wastewater shall mean wastewater with pollutant strength values which average 300
mg/l of BOD and 300 mg/1 ofSS.
Sanitary Sewer shall mean a sewer which carries sanitary wastewater and industrial wastes and to which
storm, surface, and ground waters are not intentionally admitted.
Sanitary Sewerage System shall mean all facilities for collecting, pumping, and transporting wastewater to
the water pollution control plant.
Sanitary Wastes or Wastewater shall mean the water carried wastes discharged from building sewers by
reason of human occupancy.
Shall is mandatory; May is permissive.
Standard Methods shall mean those procedures or methods established by the latest edition of the
"Standard Methods for the Examination of Water and Wastewater," as prepared, approved, and published jointly by
the American Public Health Association and the American Water Works Association.
Storm Sewer or Storm Drain shall mean a sewer which carries storm waters, surface runoff, street wash
waters and drainage, but which excludes sanitary wastewater and industrial wastes, other than unpolluted cooling
water.
Susoended Solids (SS) shall mean solids that either float on the surface of, or are in suspension in, water,
wastewater, or other liquids, and which are removable by laboratory filtering, expressed in milligrams per liter
(mg/l).
Toxic shall mean constituents of wastes which adversely affect the organisms involved in wastewater
treatment.
Unpolluted Water or Drainage shall mean water to which no pollutants have been added, either
intentionally or accidentally.
Water Pollution Control Plant shall mean the wastewater treatment facility owned and operated by the City
for the benefit of all persons located within the City's planning area.
Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.
Wastewater shall mean the liquid and water carried domestic or industrial wastes from dwellings,
commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm
water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's
treatment works.
Wastewater Treatment Works shall mean the sanitary sewers, pumping, and other equipment and their
appurtenances, and other facilities which are an integral part of the wastewater collection and treatment processes
and treatment residue disposal system.
- 28 -
Approved as to Form'" II S
October 25. 2000 ... City Attorney
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I
I
ORDINANCE NO. 8634 (Cont.)
SECTION. 67. Section 30-13 of the Grand Island City Code is hereby amended
to read as follows:
~30-13. Plans Submitted to State
Plans requiring the approval of the State Department of Environmental Quality will be submitted to them
by the Director following his or her approval of the plans.
SECTION. 68. Section 30-78 of the Grand Island City Code is hereby amended
to read as follows:
~30-78. Rental Charge; Computation
For the use of the city sewer system, each consumer shall pay a rental charge which shall be computed and
based on his contribution of sewage to such system; provided, that a minimum charge for sewer rental as set forth in
~30-84 and ~30-85 shall be made for each dwelling unit which is directly or indirectly connected to the City sanitary
sewer system, unless for a complete billing period the City water supply to such unit has been disconnected by the
City, or the private water supply disconnected to the satisfaction of the City. For the purposes of this Article, a
dwelling unit shall mean one or more rooms and a single kitchen designed as a unit for occupancy by one family for
living and sleeping purposes, and shall include a manufactured home. If more than one dwelling unit is served from
a single water meter or single private water source as in the case of apartments and mobile home courts, a
percentage of the minimum rate shall be charged against each unit, depending on the number of dwelling units per
water meter or private water source as follows:
2 to 5 dwelling units...................................................................65%
6 to 10 dwelling units................................................................. 60%
11 to 20 dwelling units............................................................... 55%
21 and over dwelling units ......................................................... 50%
The above charges shall be computed upon the yearly average of the number of dwelling units occupied.
SECTION 69. Section 31-5 of the Grand Island City Code is hereby amended to
read as follows:
~31-5. Permit to Erect, Move, or Remove Sign
(1) A permit shall be obtained from the building department for each sign to be erected, re-erected, moved,
or removed in the City, prior to the work being performed;
(2) Before issuing a permit for erecting any sign, a drawing shall be submitted to the chief building official
showing height, width, elevations, and electrical details of such signs;
(3) Upon the granting of a permit for sign erection or moving, the applicant shall pay a fee to the City in
accordance with the City of Grand Island Fee Schedule;
(4) When any construction, alteration, or repair of a sign shall have been started before a permit has been
issued, a permit fee of double the amount provided in the City of Grand Island Fee Schedule shall be charged.
SECTION 70. Section 31-6 of the Grand Island City Code is hereby amended to
read as follows:
- 29-
Approved as to Form
October 25. 2000
I
I
I
ORDINANCE NO. 8634 (Cont.)
~31-6. Inspections
It shall be the duty of the holder of a permit pursuant to this chapter to notify the chief building official
when the sign for which such permit was issued will be ready for inspection.
SECTION 71. Section 31-7 of the Grand Island City Code is hereby amended to
read as follows:
~31-7. Removal by City
It shall be the duty of the chief building official to cause to be removed all signs erected in violation ?f any
of the provisions ofthis chapter, whether such signs are on private or public property.
SECTION 72. Section 31-19 of the Grand Island City Code is hereby amended to
read as follows:
~31-19. Unauthorized Signs on Public Property
It shall be unlawful for any person to place, maintain, or keep on any public property, including sidewalk
spaces, any moveable or temporary signs, including placards and pennants, or any sign not specifically authorized
and approved. It shall be the duty of the chief building official to forthwith order such unauthorized signs removed
within a specified length of time. If the person or persons to whom such signs belong shall fail to remove the same,
as ordered, the chief building official is hereby authorized to seize such unauthorized signs and dispose of the same
without notice.
SECTION 73. Section 31-23 of the Grand Island City Code is hereby amended to
read as follows:
~31-23. Cloth Signs
It shall be unlawful to erect or maintain any cloth sign over any street or other public thoroughfare within
the City, except as provided by this section.
For special advertising purposes, the chief building official may at his discretion issue a permit for the
erection of temporary signs made of cloth, or of compressed fiber not more than one-quarter of an inch thick, to be
attached to the face of a building, or to the face of a flat or projecting sign. Such sign shall be erected in a manner
ordered and approved by the chief building official, but shall not be permitted to remain in place for a period
exceeding thirty days.
The mayor shall have the right to authorize the temporary hanging of display banner or other cloth
decorations for special occasions such as religious, civic or festival occurrences, or for Christmas decorations, or in
celebration of some event of religious, national, state or civic significance, or in honor of a visit from a person of
note. It is especially provided, however, that advertising of a commercial nature shall not be made a part of such
decorations. No such temporary signs, decorations, or displays shall be displayed for more than sixty days. The
permission for such displays shall be issued without charge for any fee.
Within the fire limits, all cloth signs or other signs made of flammable material shall be treated with a fire-
retarding solution subject to the approval of the chief of the fire department before being erected.
- 30 -
Approved as to Form ..,~
October 25, 2000 ... City Attorney
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I
ORDINANCE NO. 8634 (Cont.)
SECTION. 74. Section 31-25 of the Grand Island City Code is hereby amended
to read as follows:
~31-25. Ground Signs
(1) Dimension Limitation: All ground signs shall be subject to the following:
(A) For each foot of height over thirty (30) feet, there shall be a corresponding one foot of setback
from the property line or any easement line;
(B) Lighting reflectors attached to the top of a sign may project above the top and beyond the face of
such sign, and shall be excluded from all measurement requirements established by this subsection.
(2) Height Limitation: Ground signs which exceed fifty (50) feet in height, measured from the ground level at the
base of the sign to the top of the sign, shall be subject to the following:
(A) No permit shall be issued by the chief building official until such issuance has been authorized by
the mayor and city council.
(B) The applicant for the permit shall submit the following to the chief building official for review and
consideration by the mayor and city council:
(i) A drawing showing the height, width, elevations, and electrical details of such sign;
(ii) Clear and convincing evidence that if the sign does not exceed fifty (50) feet in height the
owner will suffer undue hardship and that said hardship is not shared generally by other properties
in the area;
(iii) Clear and convincing evidence that the proposed sign will not be a substantial detriment to
adjacent properties and the character of the surrounding area will not be changed by the erection of
the proposed sign.
(C) Ground signs exceeding fifty (50) feet in height shall be erected only on tracts of real estate
adjacent to state and federal highways and occupied by the business premises advertised by the sign.
(D) No permit shall be issued for any sign exceeding one hundred (100) feet in height, measured from
the ground level at the base of the sign to the top of the sign.
(E) In lieu of the permit fee set forth in this chapter, upon the granting of a permit for erection or
moving of a sign exceeding fifty (50) feet in height, the applicant shall pay a fee of $250.00 to the
City.
(F) All other provisions of the Grand Island City Code pertaining to signs which are not inconsistent
with this section shall apply to ground signs exceeding fifty (50) feet in height.
(3) Number Limitations: There may be only one ground sign allowed for each one hundred (100) lineal feet or
fraction thereof of street frontage for anyone lot or tract. Notwithstanding this limit, any lot that fronts on more than
one street may have at least one sign on each street.
(4) Location Limitations:
(A) No signs may be placed in city right-of-way.
(B) At street intersections, no signs may be placed within the triangle formed by the intersections of
maintained roadway, whether paved or graveled, of two intersecting streets and the line extended joining
points measured thirty feet on each property line from the point of said property lines intersection, unless:
(i) said signs are on posts with a width or diameter not greater than 18 inches; and
(ii) the bottom of said signs are not less than eight feet from the ground or the tops are no higher
than twenty-four (24) inches from the ground.
(5) The formula for determining the allowable area for ground signs shall be as follows: Four square feet of sign for
each one foot of frontage on the lot where the sign is to be placed. In any event, the maximum square footage of any
ground sign shall not exceed 800 square feet per side, regardless of frontage feet.
SECTION 75. Section 31-26 of the Grand Island City Code is hereby amended to
read as follows:
- 31 -
Approved as to Form T
October 25, 2000 .i. City Attorney
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ORDINANCE NO. 8634 (Cant.)
~31-26. Roof Signs
No roof sign shall be placed in such a manner as to prevent the free passage from one part of the roof upon
which such sign is erected to any other part thereof. Neither shall such sign be so placed as to interfere or block any
openings in such roof.
No part of a roof sign shall project beyond the wall lines of the building whereon it is placed.
All roof signs shall be set back so that there shall be a space of at least four feet between the face of the
sign and the face of any wall of the building whereon it is erected; provided, that ends of signs set diagonally may
extend to, but not beyond wall lines.
All roof signs shall be constructed so that there shall be a minimum clear space of not less than six feet
between the roof level and the lowest part of the sign structure, and there shall be a minimum clearance of not less
than five feet between the vertical supports and braces thereof.
Structural elements of every roof sign erected shall be entirely of metal, including the uprights, supports
and braces; provided, that subject to the approval of the chief building official, battens behind the metal facing,
molding and decorative lattice work may be of wood construction, treated with a fire resistant compound.
Any roof sign erected upon any frame building shall be supported only upon load bearing walls or columns
of the building. Any person desiring to erect a roof sign shall submit to the chief building official a diagram or
sketch showing the general character of the proposed sign and placement, and a written statement from a licensed
architect or engineer certifying as to the safety of the proposed sign and placement.
The maximum height of a roof sign shall be twenty feet above the roof line, the measurement shall be from
the base of the roof to the top of the sign.
One roof sign shall be allowed for each street frontage of the building upon which the sign is placed. The
maximum area in square feet for roof signs shall be computed by allowing four square feet of sign space for each
front foot of the lot on which the building is constructed; provided, that no roof sign shall exceed 800 square feet for
one side only.
SECTION. 76. Section 31-30 of the Grand Island City Code is hereby amended
to read as follows:
~31-30. Nonconforming Signs
Any lawful sign existing on or before May 15, 1974, although such sign does not conform with the
provisions of this chapter, may be continued as a nonconforming sign, except as provided herein, but if any such
sign is changed, altered, modified, or its use discontinued, any further use of said sign must be in conformity with
the provisions of this chapter. In addition, all nonconforming signs existing on or before May 15, 1974, shall be
made to conform with the provisions of this chapter within ten years of the effective date of this section or be
removed at the owner's expense. All nonconforming signs are subject to the provisions of 931-5 which requires a
permit to erect, re-erect, remove, or maintain signs within the City; and the provisions of 931-8 which requires all
signs to be kept in good repair and a safe condition.
SECTION. 77. Section 35-29 of the Grand Island City Code is hereby amended
to read as follows:
~35-29. Minimum Rates
The minimum rates as set forth in this article shall be uniform and apply in all cases where water is
furnished within or without the city as the case may be, and such minimum rate shall be credited to the account of
each consumer, or the person to be charged, until the amount paid as a minimum rate shall be exhausted by water
charges as aforesaid. The charges for water furnished at the rates set forth in this article shall be collected by the
Director of Utilities Operations as provided by this article. If the amount of water consumed monthly is not
sufficient to exhaust the minimum rate as herein below provided and charged by the city, such consumer or person
Approved as to Form T 7::/fIS
- 32 - October 25. 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
to be charged shall not be entitled to any return or credit for any portion of such minimum rate. The minimum rate
shall be charged for each dwelling unit which is directly or indirectly connected to the city water system. For the
purposes of this article, a dwelling unit shall mean one or more rooms and a single kitchen designed as a unit for
occupancy by one family for living and sleeping purposes, and shall include a manufactured home. If more than one
dwelling unit is served from a single water meter as in the case of apartments and manufactured home courts, a
percentage of the minimum rate shall be charged against each unit, depending on the number of dwelling units per
water meter as follows:
2-5 dwelling units.............................. 65%
6-10 dwelling units. . . . . . . . . . . . . . . . . . . . . . . . . . .. 60%
11-20 dwelling units........................... 55%
21 and over dwelling units.. .. . .. . .. . .. .. .. ... 50%
The above charges shall be computed upon the yearly average of the number of dwelling units occupied.
SECTION 78. Section 35-65 of the Grand Island City Code is hereby amended to
read as follows:
~3S-6S. Well Registration
(A) All wells for which drilling has commenced or existing within the Groundwater Control Area as of the
effective date of this Article shall be registered with the Building Department by the person owning the real estate
on which the well is located. There shall be no fee for registering an existing well.
(B) No person shall drill or install a well within the Groundwater Control Area prior to applying for and
obtaining a well permit from the Building Department. There shall be a nonrefundable fee in accordance with the
City of Grand Island Fee Schedule paid to the Building Department contemporaneously with making an application
for a well permit.
SECTION 79. Section 35-66 of the Grand Island City Code is hereby amended to
read as follows:
~3S-66. Existing Well Registration, Information Required
The following information shall be submitted to the Building Department in connection with registering a
well in existence as of the effective date of this Article:
(A) The name and address of the person owning the real estate on which the well is located.
(B) The address and legal description of the property on which the well is located.
(C) The address of all properties being served by groundwater pumped from the well.
(D) A description of the uses of the water pumped from the well, including specifically whether such
groundwater is used for human consumption including, but not limited to drinking, cooking, washing, or other
household uses.
(E) Whether City water is available to the property currently served by the well.
(F) The depth of the well, if known.
(G) A diagram showing the location of the well.
SECTION 80. Section 35-67 of the Grand Island City Code is hereby amended to
read as follows:
- 33 -
Approved as to Form T ~'9>
October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cant.)
~35-67. New Well Registration, Application for Well Permit
The following information shall be submitted to the Building Department in connection with applying for a well
permit for a new well in the Groundwater Control Area:
(A) The name and address of the person owning the real estate on which the proposed well is to be located.
(B) The address and legal description of the property on which the proposed well is to be located.
(C) The address of all properties to be served by groundwater pumped from the proposed well.
(D) A description of the uses to be made of water pumped from the proposed well, including a certification
that said groundwater will not be used for human consumption, including but not limited to drinking, cooking,
washing, or other household uses.
(E) Whether City water is available to the property to be served by the proposed well.
(F) The depth of the proposed well.
(G) A diagram showing the location of the proposed well.
SECTION 81. Section 36-36.1 of the Grand Island City Code is hereby amended
to read as follows:
~36-36.1 Landscaping Regulations
(A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the
community; to improve the environmental performance of new development by contributing to the abatement of
heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to
buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and
neighborhoods within the city.
(B) Applicability:
(1) The provisions of this section shall apply to the following zones: R3, R4, RO, BI, B2, B2-AC, B3, ME, Ml,
M2, CD, RD and TD zones. Landscaping of lands within the Central Business District and Fourth Street
Business District, as defined in Section 36-35 of the City Code, shall be subject to Streetscape Improvement
Projects where applicable. In the absence of such Projects, the provisions of this section shall apply.
(2) The provisions of this section shall apply to all new development, including surface parking, on each lot or
site upon application for a building permit, except as follows:
(a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially
change the location or building footprint of existing structures, or the location and design of parking
facilities or other site improvements. However, additions or enlargements of existing uses or structures,
which increase floor area or impervious coverage, shall be subject to the provisions of this section, which
shall only apply to that portion of the lot or site where the new development or use occurs.
(c) Residential structures containing three dwelling units or less shall be exempt from the requirements of
this section.
(3) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements
of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a
site plan approved by the city.
(4) Any conflict between this section and another section of this chapter shall be resolved in favor of the more
restrictive provision.
(C) Nonconforming Status: Any property or use of property, which on the effective date of this section or any
amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in
the same manner as if the landscaping were conforming.
(D) Definitions: The following definitions shall be used for terms contained within this section:
Buffer vard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land
uses or properties from one another.
Canovv tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of I inch at
the time of planting. One canopy tree equals two understory/ornamental or evergreen trees.
- 34 -
Approved as to Form T
October 25, 2000 ...
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ORDINANCE NO. 8634 (Cont.)
Everzreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2
gallon container size or bare rootlball equivalent at the time of planting.
Landscaved area: That area within the boundaries of a given lot consisting primarily of plant material,
including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials
(this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental
grasses may be planted and left in their nature state in selective and limited locations, deemed appropriate by
the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within
landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped
area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required
landscaped area.
Minimum equivalent street landscaving: The minimum landscaped area which must be provided in a street
yard, expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a
maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any
building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front
wall of the building, excluding minor projections on indentations such as steps or unenclosed porches. For
the purposes of defining the street yard area, the front wall shall be extended from the outermost comers of
the building, parallel with the fronting street, until intersecting with the side property line (see Exhibit 36-
36.1). Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum equivalent
street landscaping area requirement.
(2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front
walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the
length of such frontage, but in no case more than 100 feet, shall be considered an extension of the
continuous building front wall for the purpose of delineating the street yard.
Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height
of30 feet and a minimum caliper of2 inch at the time of planting.
(E) Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as
set forth below, in accordance with an approved site landscaping plan:
Minimum Equivalent Street Landscaping Area
Zoning District (as a percent of street yard) Minimum Landscaping Depth
of Street Yard **
R3 65% 20 feet
R4 60% 10 feet
RO 30% 10 feet
Bl 25% 10 feet
B2 20%* 10 feet*
B2-AC 20% 20 feet*
B3 20% 10 feet*
ME 20% 20 feet
Ml 20% 20 feet
M2 20% 10 feet
TD 30% 30 feet
CD As determined by approved plan 30 feet
RD ~~~~~~~J?i12~~!?Y~PP~?Y~~E~':l:12 ..... ...............m.....}g..f~.~~..()E}9...f~~.~.()p~i.()~...
.................................................................
*unless otherwise established in an approved Streetscape Improvement Project.
** 30 feet for lots in RO, B 1, B2, B2-AC, B3, CD, TD, ME, Ml and M2 zone adjacent to state or federal
highway.
- 35 -
Approved as to Form T 7:::J~
October 25, 2000 j. City Attorney
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ORDINANCE NO. 8634 (Cont.)
(2) When a lot contains more than one street frontage, the area of all street yards and the proposed street
yard landscaped areas may be combined for the purposes of determining compliance with this section.
(3) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or
an appropriate equivalent as determined by the city) for every 100 feet (any fraction of.5 or less rounded to
the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line
adjacent to a public street right-of-way: 1 canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs.
Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision.
(F) Buffer Yard and Parking Landscaping Screening Standards:
(1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear
property line(s), when a use is established in a more intensive zoning district located adjacent to a less
intensive zoning district, as set forth below:
More Intensive Zoning District Required Buffer Yard Width* Less Intensive Zoning District
RO, B1, B2, B2-AC, B3, CD, TD 10 feet TA, R1, R2, R3, R4, RD
ME, M1, M2 20 feet TA, R1, R2, R3, R4, RO, RD,
. .mgQ,.IQ,J?},J??,J??:!\g,J?;?m ... ....
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer
yard width shall be halved.
(2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points,
truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard
landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of
providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of
planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to
the property line than 2 the width of the required buffer yard.
(3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement.
(4) A parking landscaping screening strip, having a minimum width of 6 feet, shall be installed along any
parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces.
If a greater number of parking spaces is required, separate parking areas shall be provided, and shall be
separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These
strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance.
A parking landscaping screening strip shall also count towards meeting any requirements associated with
minimum equivalent street or buffer yard landscaping.
(5) A development may continue to comply with the buffer yard landscaping requirements in effect at the
time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to
a less restrictive zoning district which requires additional buffer yard landscaping.
(0) Site Plan Requirements:
(1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be
submitted to the city for review and approval as part of the application for a building permit. The plan shall
include, but not be limited to the following:
(a) Location of proposed landscaping drawn to scale.
(b) Location, size, type and condition of proposed plant and non-plant landscaping materials including
fences, walks, ponds, fountains, benches, lighting and irrigation systems.
(c) Estimated date of completion of the installation of all plantings and finishing materials.
(H) Installation and Maintenance Requirements:
(1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful
condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas,
weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary,
and the regular watering of all plantings.
(2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for
buildings on the property, or commencement ofthe intended use of the property.
(3) If, at the time of commencement of the intended use of the property or application for a certificate of
occupancy, any required landscaping has not been installed or completed due to seasonal or climatic
Approved as to Form T ~
- 36 - October 25,2000 . City Attorney
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ORDINANCE NO. 8634 (Cont.)
conditions or plant material being unavailable, the developer or owner of the property shall submit the
following to the Building Inspection Department:
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address, and a
commitment to complete the installation of the landscaping by a date certain, not to exceed six
months from the building completion date.
(b) A drawing showing the plan and layout of the landscaping areas.
(c) A cost estimate for the installation of the landscaping area.
(d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved
by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to
complete installation of the required landscaping and payable to the City of Grand Island in the event
that the developer fails to calTY out the commitments described in sub-paragraph (a) above.
(4) Upon approval of the foregoing request for extension of time to complete the landscaping installation,
the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter
authorizing commencement of use of the property by the Building Department. The owner or developer
shall complete the installation of the landscaping in accordance with the commitments made pursuant to
sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of
occupancy or commencement of use letter shall be issued. All limitations on the use of the property
relating to landscaping are deemed to be of no force or effect at that time, and the City shall release the
surety or other security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made
pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its
officers, employees, agents or representatives permission to enter upon the property to install the required
landscaping in accordance with the plan submitted pursuant to sub-paragraph (c) above using the surety or
security filed by the owner or developer as payment for said installation. The Building Department shall
send the owner or developer written notice of default and intention to enter onto the property to install
required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last
known address of said owner or developer at least five (5) business days prior to making such entry.
SECTION 82. Section 36-102 of the Grand Island City Code is hereby amended
to read as follows:
~36-102. Location Of Towers and Construction Standards
(A) Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and
authorized in this code.
(B) No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning
jurisdiction of the City prior to approval of its application for a Tower Development Permit by the Mayor and City
Council and issuance of the permit by the City. Applicants shall submit their application for a Tower Development
Permit to the Building Department in triplicate and shall pay a filing fee in accordance with 936-84.
(C) All towers, telecommunications facilities and antennas on which construction is commenced within the zoning
jurisdiction of the City after February 1, 1998, shall conform to the Building Code and all other construction
standards set forth in the City Code, federal and state law, and applicable American National Standards Institute
(ANSI) standards. Upon completion of construction of a tower and prior to the commencement of use, an engineer's
certification that the tower is structurally sound and in conformance with all of the aforementioned applicable
regulatory standards shall be filed with the Building Department.
SECTION 83. Sections 2-21, 6-5, 6-10, 8-4, 8-14, 8-75, 8-78, 8-79, 8-83, 8-87,
8-88,8-97,8-98,8-99,8-101,8-113,8-177,8-182,9-45, 11-2, 13-17.1, 15-4, 15-14,15-18,15-
Approved as to Form .. ~
- 37 - October 25, 2000 ... City Attorney
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ORDINANCE NO. 8634 (Cont.)
22,15-25,15-30,15-35,15-42,15-46,15-50,16-2.1, 16-3, 16-23, 16-30, 17-40, 18-6, 18-11, 18-
13, 18-20, 18-22, 18-26, 18-29, 18-32, 18-33, 18-36, 18-37, 19-6; 22-1, 22-119, 22-123, 24-7,
26-41,26-42,26-43,26-45,26-51,26-53,26-55, 26-56, 26-60, 26-61, 26-66, 27-20, 30-1, 30-13,
30-78,31-5,31-6,31-7,31-19,31-23,31-25,31-26, 31-30, 35-29, 35-65, 35-66, 35-67, 36-36.1,
and 36-102 as now existing, and any ordinances or parts of ordinances in conflict herewith be,
and hereby are, repealed.
SECTION 84. That this ordinance shall be in force and take effect from and after
its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: October 24, 2000.
~~
Ken ~Yor
Attest:
RS\~ ~
RaNae Edwards, City Clerk
- 38 -
Approved as to Form T ":tM~
October 25, 2000 ... City Attorney