09/10/2002 Ordinances 8767
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ORDINANCE NO. 8767
An ordinance to amend Chapters 17 and 36 of the Grand Island City Code; to
amend Section 17-1 to add a definition for salvage yard; to amend Section 17-41 pertaining to
storage of junked vehicles; to amend Section 36-12 to remove the definition of automobile
wrecking yard and to add a definition for salvage yard; to amend Section 36-35 to amend
permitted conditional uses in M2-Heavy Manufacturing Zone; to amend Section 36-45
pertaining to the physical appearance of salvage yards; to amend Section 36-119 pertaining to
authorized conditional uses; to amend Section 36-120 pertaining to conditional use procedures;
to add Section 36-122 pertaining to conditional uses for salvage yards; to add Section 36-127
pertaining to annual inspection of salvage yards; to repeal Sections 17-1, 17-41, 36-12, 36-35,
36-120,36-122, and 36-127 as now existing, and any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date ofthis ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The Mayor and City Council do hereby find that the public interest
will be served by the following amendments to the Grand Island City Code, that no existing
property shall have or retain rights of any nature to own and/or operate a salvage yard based on
the prior provisions of the code and that all salvage yards within the City of Grand Island and its
extra territorial jurisdiction shall apply for and obtain a conditional use permit in conformity with
this ordinance by April 1, 2003 or cease operation.
SECTION 2. Section 17-1 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form 'f ~
September 11, 2002 A City Attorney
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ORDINANCE NO. 8767 (Cont.)
~17-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings:
City Solid Waste Disvosal System. The City solid waste disposal system shall mean and include the City-
operated sanitary landfill, the City-operated transfer station, and the City-operated compost site.
Comvost. Compost shall mean the end product of an aerobic degradation process of yard and garden waste.
Approved backyard composting site shall mean one which uses only composting materials as defined herein.
Construction and demolition waste. This shall mean waste which results from land clearing, the demolition
of buildings, roads or other structures, including but not limited to, beneficial fill materials, wood (including painted
and treated wood), land clearing debris other than yard waste, wall coverings (including wall paper, paneling and
tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass,
plastic, carpeting, electrical wiring, pipe and metals. Such waste shall also include the above listed types of waste
that result from construction projects. Construction and demolition waste shall not include friable asbestos waste,
special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible
waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums and fuel tanks.
Dead Animals. These words shall mean all small animals such as cats, dogs, and rabbits, which die from
any cause. They shall in no way mean large animals such as goats, horses, mules and cows which shall die from any
cause.
Detachable container. A detachable container is a container of the size approved by the Department of
Health that can be lifted and dumped by a collection truck mechanism.
Garbage. This word shall be held to include every accumulation of animal, fruit or vegetable food waste
generated by or resulting from the decay, deterioration, storage, preparation or handling of any animal and vegetable
matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining
room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses,
cold storage plants, creameries, bakeries, or any other source whatsoever existing in the City.
Litter. Litter shall include, but not be limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes;
(ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and
dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost
their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time,
are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as
waste, wreckage, or junk.
Minimum Service Collection. A minimum service collection in a residential district shall mean not more
than one full 32 gallon garbage can or any number of full baskets, boxes, sacks, or bundles equal in volume to but
not exceeding one 32-gallon garbage can. The weight of such collection shall not exceed 50 pounds. Such minimum
service collection shall be on a once-a-week basis.
Refuse. This word shall be held to include the waste material from normal households or living conditions
and business operations other than garbage, but the term shall not include waste materials from building construction
or repair, factory wastes, or refuse from industrial plants of any character. In general, the kinds of materials
classified as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, wornout clothing or furniture, household
appliances, excelsior, garden or tree trimmings, and similar materials.
Regular Collection. A collection in a residential district shall mean not more than three full thirty-two
gallon garbage cans, or two full thirty-two gallon cans and any number of full baskets, boxes, sacks, or bundles
equal in volume to not exceeding one thirty-two gallon garbage can. A regular collection shall be on a twice-a-week
basis.
Salvage Yard. Any building, lot, yard or premise used for the collection, processing, salvage, storage,
bailing, or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic, metals, rags, scrap materials,
junk, or any material similar to those listed herein.
Svecial Waste. A solid waste, except waste which is regulated as a hazardous waste, which possesses
physical, chemical, or biological characteristics that make it different from general household, or construction and
demolition waste, and which requires special handling, treatment, or disposal methodologies in order to protect
public health, safety, and the environment.
Waste material. This word shall be held to include all items, objects, or material not included within the
definition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, and
fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein.
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Approved as to Form 0 C;;;:r-
September 11, 2002 0 City Attorney
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ORDINANCE NO. 8767 (Cont.)
Yard Waste. Yard waste shall mean grass and leaves and shall not include other yard debris such as tree
limbs and brush.
SECTION 3. Section 17-41 of the Grand Island City Code is hereby amended to
read as follows:
~17-41. Storage of Junked Vehicles
Junked vehicles and vehicle parts, whether junked, salvaged, or new, may be stored:
(1) On any tract being used as a salvage yard, which is in full compliance with all city code sections
pertaining to such businesses, including zoning.
(2) On any tract being lawfully used for a business activity related to junked vehicles, such as an
automotive body shop, so long as the junked vehicles and parts are stored in an area that is screened from adjoining
property and the public right-of-way by a sight-obscuring fence at least six feet in height, or such junked vehicles
and junked parts are removed from the premises within fourteen days of becoming junked; provided, that junked
vehicles being displayed for sale as whole units by a licensed automobile dealer are not subject to this screening
requirement.
(3) On any other tract, so long as such junked vehicles and such vehicle parts are placed within a building.
SECTION 4. Section 36-12 of the Grand Island City Code is hereby amended to
read as follows:
~36-12. Definitions
Certain words and phrases are defined and certain provisions shall be construed as herein set out unless it
shall be apparent from the context that they have a different meaning. All words used in the present tense include the
future tense; the word "building" includes the word "structure"; the word "shall" is mandatory; the word "may" is
permissive; the word "person" includes a firm, association, corporation, partnership, or natural person; the word
"used" includes the words "designed", "arranged", or "intended to be used". Words not defined herein but which are
defined in the Building Code of the City of Grand Island are to be construed as defined therein.
The following definitions apply:
Accessorv Buildinf!. A subordinate building, on the same lot as the principal building, the use of which is
incidental to the principal building and not connected to the principal building in any manner whatsoever.
Accessory Use. A subordinate use of land, which is incidental in area, extent, or purpose to the principal
building or to the principal use of land.
Ad;acent Land. Any land or portion ofland that is contiguous to a parcel or lot, or that would be contiguous
if not for a public roadway or alley.
Allev. A tract of land, dedicated to public use, which affords a secondary means of the vehicular access to
the back or the side of properties otherwise abutting on a street, and which is not generally used as a
thoroughfare by both pedestrians and vehicles.
Automobile Service Station. Any building or premises used for the dispensing or sale of automobile fuels,
lubricating oils or grease, tires, batteries, or automobile accessories. Services offered may include the
installation of tires, batteries, and automobile accessories, automobile repairs, and greasing or washing of
automobiles. Automobile service stations shall not include premises offering automobile wrecking or
automobile body repair.
Basement. The portion of a building between floor and ceiling which is partly below and partly above
grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from
grade to ceiling.
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Approved as to Form 0 r~
September 11, 2002 0 Cit~ney
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ORDINANCE NO. 8767 (Cont.)
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Billboard. An outdoor advertisement sign which directs attention to a business commodity, service, or
entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to
which it is affixed.
Board. The Board of Adjustment.
Boarding House (Lodf!inf! House. Fraternitv. Sorority). A building, other than a hotel or motel, where
lodging and meals are provided for three or more guests for compensation.
Buildinf!. Any structure built for the support, shelter, or enclosure of persons, animals, or chattels, or
property of any kind, including a modular home, but not a manufactured home unless such manufactured home
meets the definition and standards as specified under the definition of a Dwelling Unit.
Buildinf!. Heif!ht. The vertical distance measured from the curb level to the highest point of a roof surface,
if a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable,
hip, and gambrel roofs.
Building. Nonconforminf!. (See "Nonconforming Building or Use")
Building. Princival. A nonaccessory building in which is conducted a principal use of the zoning lot on
which it is located.
Buildinf!. Setback. The minimum horizontal distance between the property line and the nearest portion of a
building on the property.
Club. A voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or
similar purpose, but shall not include an organization of premises the chief activity of which is a service or
activity customarily carried on as a business.
Conditional Use. A use which is not allowed in a zone as a matter of right but which is permitted upon
approval of the city council as provided for in Article VIII of this chapter.
Country Club. This shall include golf courses, par 3 golf courses, swimming pools, tennis clubs, and
neighborhood clubhouses. Sleeping facilities other than quarters for one caretaker or manager and his family
shall be prohibited. Clubs operated solely as restaurants, cocktail lounges, card rooms, taverns, bowling alleys,
pool and billiard parlors, and similar activities normally carried on as a business shall be excluded from the
definition of a country club.
Court. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on
three or more sides by walls or a building.
Drive-in. May be used as a noun or adjective and shall refer to a business designed to serve patrons while
they are within an automobile by means of service windows with the intent that products be consumed in
automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-
in bank windows, post office dropboxes, or laundry or cleaning drop boxes.
Dwelling Unit. One or more habitable rooms that are occupied, or which are intended or designed to be
occupied by one family with facilities for living, sleeping, cooking, and eating purposes, including a modular
home. It does not include a manufactured home unless such manufactured home is a factory-built manufactured
home that bears the seal that it was built in compliance with the National Manufactured Home Construction and
Safety Standards, 24 C.F.R. 3280, et. seq., promulgated by the United States Department of Housing and Urban
Development (H.U.D.), and meets the following standards:
(1) The home shall have no less than nine hundred square feet of floor area;
(2) The home shall have no less than an eighteen-foot exterior width;
(3) The roof shall be pitched with a minimum vertical rise of two and one-half inches for each twelve
inches of horizontal run;
(4) The exterior material shall be of a color, material and scale comparable with those existing in residential
site-built single family construction;
(5) The home shall have a nonreflective roof material which is or simulates asphalt or wood shingles, tile or
rock;
(6) The home shall have wheels, axles, transporting lights, and removable towing apparatus removed; and
(7) The home shall be attached to a permanent foundation system and utility connections.
Familv. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not
more than five persons who need not be related in any manner, living together in a dwelling unit; provided
further, that domestic servants employed on the premises may be housed on the premises without being counted
as a family or families.
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Approved as to Form 0
September 11. 2002 0 City ttorney
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ORDINANCE NO. 8767 (Cont.)
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Garage. A building or portion thereof in which a motor vehicle containing gasoline, distillate or other
volatile, flammable liquid in its tank, is stored, repaired, or kept.
Ground Coverage. The area of a zoning lot occupied by principal and accessory buildings expressed as a
percentage of the gross area of the zoning lot.
Guest Building. A structure occupying an accessory position on a lot, which contains no cooking facilities,
and is used exclusively for housing members of a single family or their nonpaying guests.
Home Occuvations. Customarv. A business, occupation, or profession carried on within a residential
dwelling by the resident thereof, and which shall have the following characteristics:
(a) there shall be no external or externally visible evidence of the occupation, business or profession
whatsoever;
(b) there shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic
disturbance detectable at the zoning lot line;
(c) the activity shall employ only members of the immediate family of the resident of the dwelling;
(d) there shall be no machinery other than that normally found in a home;
(e) there shall be no contact at the premises with customers or clients other than by telephone or mail,
except that music lessons may be given to one pupil at a time, and cultural, art, or dance instruction may be
given to four pupils at one time;
(f) said occupation may include the caring of children for hire, provided:
(1) the total number of children in the home at one time shall not exceed eight children of mixed ages
(infant, preschool, and/or school age), including the caregiver's own children under eight years of age.
No more than two children may be under the age of 18 months. The caregiver may overlap two (2)
more school age children beyond the eight (8) for specified periods during the day if the total time does
not exceed four (4) hours. The caregiver may continue overlapping care during school breaks and
holidays.
(2) the premises must be suitable and meet all applicable codes for day care facilities.
(3) the facility must have all licenses, permits, and registrations required by law.
(g) there shall be no signs, radio, television, newspaper, handbill, or similar types of advertising linking
the address of the premises with the home occupation;
(h) room or board, but not for more than two persons;
(i) further, shall not utilize more than twenty-five (25) percent of the actual floor area of anyone story of
any structure.
The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden
produce grown on the premises, provided, this exception shall not extend to allow the operation of a
commercial greenhouse or nursery, or the existence of stands or booths for display of said produce.
Any business, occupation, or profession, the operation of which does not meet the aforesaid characteristics of a
home occupation shall not be interpreted to be a home occupation despite the fact that it may attempt to operate
in a residential building.
Hotel. Any building containing six or more guest rooms intended or designed to be used or which are used,
rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, with provisions for
individual bath facilities for each guest room and no provisions made for cooking in any individual room.
Junk Yard. A place where waste, discarded or salvaged metals, building materials, paper, textiles, used
plumbing fixtures, and other used materials are bought, sold, exchanged, stored, baled or cleaned; and places or
yards for the storage of salvaged metal, materials and equipment; but not including pawn shops and
establishments for the sale, purchase, or storage of used cars or trucks in operable condition, boats, or trailers in
operable condition, and used furniture and household equipment in usable condition, and not including the
processing of used, discarded or salvaged materials as part of manufacturing operations.
Lot. A recorded piece, tract, or parcel of land occupied or to be occupied by a single principal building and
accessory buildings, together with such open spaces as required under this chapter, and having its principal
frontage upon a public street or officially approved place.
Lot. Corner. A lot at the junction of two or more streets.
Lot, Interior. A lot other than a comer lot with frontage on one street only.
Lot. Throuf!h. An interior lot having frontage on two streets. Such . lots may be referred to as "double
frontage" lots.
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Approved as to Form 0
September 11 , 2002 0 City Attorney
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ORDINANCE NO. 8767 (Cont.)
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Lot. Depth. The distance between the front and rear lot lines measured in a mean direction of the side lot
lines.
Lot Lines. The property lines bounding the lot.
Lot Line. Front. The boundary line between a lot and a street. For a comer lot, it is the boundary line
between the lot and a street with the least dimension. For a through lot, it is the boundary line between the lot
and a street which is so designated by the property owner at the time he takes out his building permit for the
principal building.
Lot Line. Rear. The boundary line which is opposite and most distant from the front lot line.
Lot Line. Side. The boundary line or lines connecting the front lot line and rear lot line.
Lot. Minimum Area. The minimum square foot of land area occupied, or to be occupied by a single
principal building and accessory buildings as applicable to designated zoning districts.
Lot Width. The distance between the side lot lines measured at right angles to the lot depth at a point
midway between the front and rear lines.
Manufactured Home. A structure, transportable in one or more sections, which, in the traveling mode, is
eight body feet or more in width, and forty body feet or more in length, or when erected on site is three hundred
twenty or more square feet in size and which is built on a permanent chassis and designed to be used as a
dwelling unit with or without a permanent foundation when connected to the required utilities.
Manufactured Home Park. Any plot of ground zoned and licensed as such by the City within which two or
more manufactured home spaces are located.
Modular Home. A structure whose construction consists entirely of, or the major portions of its
construction consists of a unit or units not fabricated on the final site for the dwelling unit, which units are
movable or portable until placed on a permanent foundation and connected to utilities. A modular home shall
meet all codes applicable to a site-built home. The term modular home shall not include a manufactured home.
Motel. A group of attached or detached rooms with individual bath facilities operated for transient
occupants and so constructed that occupants' automobiles may be parked at or near the room.
Nonconforming Building or Use. A building or portion thereof or use of building or land, lawfully existing
at the time of the adoption of this ordinance that does not conform to the use regulations of the zone in which it
is located.
Planninr! Commission. The Commission empowered to recommend for and on behalf of the City of Grand
Island in accordance with state and local laws.
Salvage Yard. Any building, lot, yard or premise used for the collection, processing, salvage, storage,
bailing or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic, metals, rags, scrap
materials, junk, or any material similar to those listed herein.
Stock or Feed Yard. The confined feeding of food, fur, or pleasure animals in buildings, lots, pens, pools, or
ponds, which normally are not used for the raising of crops or for grazing animals. For the purpose of this
chapter, confined feeding would mean the feeding of more animals on the property than normally associated
with a farming operation on the property involved.
Story. That portion of a building included between the surface of any floor and the surface of the floor next
above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. If the
finished floor level directly above a basement or cellar is more than six (6) feet above grade, such basement or
cellar shall be considered a story.
Street. A tract of land, dedicated to public use, which affords a primary means of access to the abutting
property.
Structure. Anything constructed or erected, the use of which requires more or less permanent location on
the soil, or attached to something having a permanent location on the soil, including a modular home but not a
manufactured home unless such manufactured home meets the definition and standards as specified under the
definition of a Dwelling Unit.
Structural Alteration. Any change in the structural members of a building, such as walls, columns, beams,
or girders.
Yard. An open space unoccupied and unobstructed from the ground to the sky except as provided herein on
a zoning lot which a building, or manufactured home, if permitted, is situated.
Yard. Front. A yard across the full width of a zoning lot extending from the front lot line to a principal
building, or manufactured home, if permitted.
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Approved as to Form 0
September 11 ,2002 0 City Attorney
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ORDINANCE NO. 8767 (Cont.)
Yard. Rear. A yard across the full width of a zoning lot extending from the rear line of the lot to the rear
line of a principal building, or manufactured home, if permitted.
Yard. Side. A yard extending from the front yard to the rear yard of a zoning lot, extending from the side
line of the lot to the side of a principal building, or manufactured home, if permitted.
Zoning. Lot. A single tract of land, located within a single block, which at the time of filing for a building
permit or a certificate of occupancy, is designated by the owner or developer as a tract to be used, developed, or
built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building, or
structure, for which the building permit and certificate of occupancy are issued, and including such area of land
as may be required by the provisions of this chapter for such use, building, or structure.
Zoning Official. The zoning official shall be the director of the Planning Commission of the City of Grand
Island who shall administer this chapter.
SECTION 5. Section 36-35 of the Grand Island City Code is hereby amended to
read as follows:
~36-35. M2 - Heavy Manufacturing Zone
Purpose: To provide for the widest variety of manufacturing, warehousing, wholesaling and business uses.
Conditional use permits are required for those uses with more significant health and safety concerns.
(A) Permitted Principal Uses:
(1) Uses as listed under permitted principal uses of the B1, B2, B3, and M1 Zones except as listed under
specifically excluded uses
(2) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant
(3) Concrete or cement products manufacturing and batching plant
(4) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(5) Contractors storage yard or plant
(6) Specific uses such as: Animal pound or kennel, arena or athletic field or track, automobile body repair,
boiler and tank works, cemetery, cesspool cleaning yard, crating and hauling depot, egg candling, felt
manufacturing, house movers yard, sauerkraut manufacture; storage yards or buildings for lumber, coal, coke,
gas, or similar uses except explosives.
(7) Railway right-of-way, including yards and facilities
(8) Other uses which are, in the opinion of the Board of Adjustment, similar to the above.
(B) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, III
accordance with the procedures set forth in Article VIII and X of this chapter:
(1) Acid or acid by-products manufacture
(2) Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
(3) Explosives manufacture or storage
(4) Garbage, refuse, offal or dead animal reduction or disposal area
(5) Glue manufacture, fat rendering, distillation of bones or by-products
(6) Meat packing plants, including poultry and animal slaughterhouses and abattoirs
(7) Milling or smelting of ores
(8) Petroleum refining
(9) Stock or feed yards
(10) Salvage yard
(11) Tanning, curing, or storage of hides or skins
(12) Motels and hotels
(13) Towers
(D) Specifically Excluded Uses:
(1) Any residential use
(2) Manufactured homes, and manufactured home parks
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Approved as to Form 0
September 11, 2002 0 City Attorney
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ORDINANCE NO. 8767 (Cont.)
(3) Churches, schools, institutions and other public and semi-public uses except for trade and vocational schools
(E) Space Limitations:
(1) Minimum lot area: 6,000 square feet
(2) Minimum lot width: 50 feet
(3) Maximum height of building: None
(4) Minimum front yard: None
(5) Minimum rear yard: None, when bounded by an alley, otherwise 10 feet
(6) Minimum side yard: None, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone
requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range
from 0 feet to 5 feet.
(7) Maximum ground coverage: 65%
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
SECTION 6. Section 36-45 of the Grand Island City Code is hereby amended to
read as follows:
~36-45. General Non-Residential Provisions
(A) Residential Use in Business Zone: Dwelling units shall be permitted in Business Zones, provided, that
the minimum lot area per dwelling unit and zoning lot area requirement for the R4 Zone shall apply in the Bland
B2 Zones, and the requirement for the RO Zone shall apply in the B3 Zone.
(B) Fire Hazards: Any operation which involves the use of heating fuels, motor fuels, acids, liquids or
grinding processes, welding gases or other highly flammable gases shall be in accordance with rules and regulations
of the State of Nebraska and the City of Grand Island.
(C) Noise: No operation shall emit a noise level detectable at the exterior property line that is in excess of
the traffic noise of the adjacent street at the time of daily peak hour traffic volume. All noises shall be muffled so as
not to be objectionable due to intermittence, beat, frequency or shrillness.
(D) Liquid or Solid Waste: No operation shall discharge from any source whatsoever into a sanitary or
storm sewer, water course, or the ground, liquid or solid wastes of a radioactive nature or of a chemical nature that is
detrimental to normal water pollution control plant operations, corrosive or damaging to pipes and installations, or
may tend to be injurious to human, plant, or animal life or otherwise be considered as a contaminant or hazardous
material.
(E) Air Pollution: No operation shall discharge from any source whatsoever into the atmosphere any
material, contaminant, or any combination thereof, in such quantities or of such duration which are or may tend to
be injurious to human, plant, or animal life, or property, or which interferes with the normal enjoyment of life,
property, or the conduct of business.
(F) Gases: No operation shall discharge from any source whatsoever any gases of any kind in such
quantities or of such duration which are or may tend to be injurious to human, plant, or animal life, or property, or
which interferes with the normal enjoyment oflife, property, or the conduct of business.
(G) Odor: No operation shall discharge from any source whatsoever any odor detectable at the exterior
property line that is generally agreed to be obnoxious by the public, or which interferes with the normal enjoyment
oflife, property, or the conduct of business.
(H) Glare and Heat: No operation shall emit any glare or heat from any source whatsoever that shall be
detectable at the exterior property line.
(I) Physical Appearance: Salvage yards and other similar operations shall be effectively enclosed or
shielded from adjacent properties on all sides by means of a sight-obscuring fence at least eight (8) feet in height, in
good repair, and constructed of conventional fence building materials and techniques as approved by the chief
building official. No inventory or salvage materials of any nature may be stacked within fifty (50.0) feet of the fence
to a height greater than said fence.
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Approved as to Form 0 ~.
September 11 ,2002 0 CI Y tIOmey
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ORDINANCE NO. 8767 (Cont.)
SECTION 7. Section 36-119 of the Grand Island City Code is hereby amended to
read as follows:
~36-119. Authorized Conditional Uses
The following uses may be granted by the city council as a permitted conditional use in accordance with
the procedure as set forth in this article:
(A) To permit uses as listed under the permitted conditional uses within the respective zoning districts as
specified in this chapter;
(B) To permit the appropriate use of a lot less in area by not more than ten percent of the area required by this
chapter;
(C) To reduce the applicable off-street parking or loading facilities required by not more than two parking
spaces or one loading berth or twenty percent of the required number, whichever is greater;
(D) To permit the same off-street parking facilities to qualify as required spaces for two or more uses,
provided, the substantial use of such spaces by each user does not take place at approximately the same hours of
the same days of the week;
(E) To permit temporary buildings and uses for periods not to exceed two years in undeveloped areas of the
City, and for periods not to exceed six (6) months in developed areas;
(F) To permit the placement and operation of wind turbines, solar energy collectors, or other energy saving
devices that would not be in conformance with the space limitations as specified in this chapter.
(G) To permit the construction and operation of a private wastewater treatment system for any use within the
zoning jurisdiction of the City of Grand Island, excepting those small systems consisting of a septic tank and
drainfield having a design capacity of less than 2,000 gallons per day. The design capacity shall be based on the
table of estimated waste/sewerage flow rates in the currently adopted plumbing code of the City of Grand
Island.
(R) To permit the keeping of livestock on residential property with less than a half acre of outdoor enclosure
area per animal for periods not to exceed three (3) years in accordance with requirements set out in 95-16 of this
code.
(I) To permit operation of a salvage yard where allowed under the permitted conditional uses within the
respective districts; provided, that salvage operations conducted entirely within a building as an accessory use to
a permitted principal use of land shall not require compliance with this article.
SECTION 8. Section 36-120 of the Grand Island City Code is hereby amended to
read as follows:
~36-120. Conditional Uses; Procedure
(A) After receipt of a conditional use application, the city clerk shall schedule a public hearing before the
city council to consider such application. Notice of such application shall be placed in a newspaper of general
circulation in the city at least one time ten days prior to such hearing. In addition to the publication, the city clerk
shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice
shall not be less than eighteen inches in height and twenty-four inches in width with a white or yellow background
and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon the
premises that it is easily visible from the street nearest the same and shall be so posted at least ten days prior to the
date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior
to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The hearing shall be held at which
all interested parties shall be heard.
(B) The city council may grant, grant with any conditions or safeguards upon the property benefitted by a
conditional use, or deny the application. Violation of any such conditions or safeguards, when made a part of the
terms under which the conditional use is granted, shall be deemed a misdemeanor. No conditional use permitting the
erection or alteration of a building or other use shall be valid for a period longer than one year unless the building is
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Approved as to Form 0 ~
September 11. 2002 0 City A orney
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ORDINANCE NO. 8767 (Cont.)
erected or altered or the use established within that period. Any act in violation of a permitted conditional use or any
condition or safeguard which is made part of the terms under which a conditional use is granted, shall render such
conditional use voidable and subject to revocation by the city council upon notice and hearing as provided herein.
(C) The city administrator or any department director having personal knowledge of any violation of a
permitted conditional use or a condition or safeguard which is made part of the terms under which a conditional use
is granted, may deliver a written request to the building department director asking that the director issue a notice of
violation and demand for compliance to the person owning the property subject to the permitted conditional use.
Upon receipt of said written request, the building department director shall investigate the alleged violation and if it
is determined that a violation exists, the building department director shall send a notice of violation and demand for
compliance to the last known address of said person, one copy each, by ordinary first class mail and certified mail,
return receipt requested, demanding that the premises be brought into compliance with the conditional use by a date
certain and advising said person that in the event violations continue after said date, that a request for revocation of
the conditional use will be forwarded to the city council for a public hearing and determination. The written notice
shall include a description of the violations and the underlying facts supporting such allegations.
(D) If the violations stated in the foregoing notice and demand are not eliminated and the property brought
into compliance with the city code and the permitted conditional use, by the date certain, the building department
director shall send such person a notice of hearing before the city council to consider revocation of the conditional
use permit. The public hearing shall be conducted informally. The building department director, city attorney or
their respective designees shall present oral or written statements or reasons supporting revocation of the permitted
conditional use. The property owner(s) or designee(s) shall present oral or written statements or reasons opposing
the revocation of the permitted conditional use. Statements by each side shall be limited to a total time of one hour
or less. Any interested person may be heard following presentations on behalf of the city and the property owner.
Upon conclusion of the hearing, the city council may affirm, revoke, or modify the permitted existing use.
SECTION 9. Section 36-122 is hereby added to the Grand Island City Code as
follows:
~36-122. Conditional Uses; Salvage Yards
All salvage yards shall be subject to the following conditions as part of their permitted conditional use:
(A) In addition to the information required pursuant to ~36-l18, an application for a conditional use for a
salvage yard shall include a site plan for the premises showing the layout of the proposed operation, building and
infrastructure locations, property dimensions, drainage, and landscaping.
(B) All structures located or constructed on the salvage yard premises shall comply with the Grand Island
City Code and all applicable building, electrical, plumbing and fire codes.
(C) All hazardous materials and regulated waste shall be received, stored, and disposed of in accordance
with state and federal laws and the rules and regulations of the U.S. Environmental Protection Agency and the
Nebraska Department of Environmental Quality.
(D) All operations of a salvage yard, including those which are ancillary or indirectly related to the salvage
yard such as administration, parking, equipment and/or container storage shall be conducted on the premises subject
to the permitted conditional use.
(E) All premises on a salvage yard shall be kept and maintained in a clean and orderly manner, using the
best practices of the industry, with no loose garbage, litter, refuse or waste materials on the premises except those
kept in short term storage for processing. The persons operating the salvage yard shall on a regular and routine basis
inspect all areas adjacent to the salvage yard and clean up any materials which originated from the salvage yard.
SECTION 10. Section 36-127 is hereby added to the Grand Island City Code as
follows:
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Approved as to Form 0
September 11. 2002 0 City ,A;ttorney
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ORDINANCE NO. 8767 (Cont.)
~36-127. Salvage Yards; Annual Inspection
The building department director or hislher designee shall inspect all salvage yards annually to confirm
compliance with the terms and conditions of each yards' conditional use permit.
SECTION 11. Sections 17-1, 17-41,36-12,36-35,36-45,36-119,36-120,36-
122, and 36-127 as now existing, and any ordinances or parts of ordinances in conflict herewith
be, and hereby are, repealed.
SECTION 12. 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: September 10, 2002.
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Attest:
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RaNae Edwards, City Clerk
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Approved as to Form 0
September 11, 2002 0 City Attorney