11/26/2002 Ordinances 8783
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ORDINANCE NO. 8783
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-49 pertaining to minimum improvement requirements for vehicle sales and rental
businesses in existence as of November I, 2002; to add Section 36-49.1 pertaining to minimum
improvement requirements for new, relocating, or expanding vehicle sales and rental businesses;
to repeal Section 36-49 as now existing, and any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. 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 business
existing on the effective date of this ordinance shall have or retain rights of any nature to operate
an automotive/truck/recreational vehicle sales and/or rental business based on the prior
provisions of the code and that all such businesses within the City of Grand Island and its extra-
territorial jurisdiction shall comply with this ordinance by April 1, 2004 or cease operation. It is
further suggested that the Conditional Use Permit fee as referenced below be waived if such
permit is applied for by such vehicle sales and rental businesses prior to December 31, 2003.
SECTION 2. Section 36-49 of the Grand Island City Code is hereby amended to
read as follows:
~36-49. Vehicle Sales and Rental Businesses In Existence as of December 15,2002; Minimum
Improvement Requirements
All businesses engaged in automotive/truck/recreational vehicle sales and/or rentals on or after December
15,2002 shall have the following minimum improvements and equipment:
(A) All areas on which vehicles are displayed and offered for sale and/or rental shall be provided with a
permanent type, dust-free surface such as asphaltic cement concrete, Portland cement concrete, or paving brick. The
Grand Island City Council may, upon application for and approval of a conditional use permit, waive this
requirement for businesses that were operating at the same location prior to March 9, 1999.
Approved as to Form ... ')-M.-~
November 27, 2002 ... City Attorney
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ORDINANCE NO. 8783 (Cont.)
(B) Any business engaged in vehicles sales and/or rentals shall have a principal building which complies
with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes.
(C) Any business engaged in vehicle sales and/or rentals shall have space within the principal building or
an accessory building for storage of all vehicle parts, new or used. All such parts must be stored within said space.
(D) All hazardous materials, regulated waste and used vehicle fluids shall be 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. Tank storage of fluids and wastes must be situated within a
suitable overflow enclosure.
SECTION 3. Section 36-49.1 is hereby added to read as follows:
~36-49.1 Vehicle Sales and Rental Businesses; New Businesses and Businesses Relocating or Expanding;
Minimum Improvement Requirements
Beginning December 15, 2002, all new, relocating or expanding businesses engaged in
automotive/truck/recreational vehicle sales and/or rentals shall have the following minimum improvements and
equipment:
(A) All areas on which vehicles are displayed and offered for sale and/or rental shall be provided with a
permanent type, dust-free surface such as asphaltic cement concrete, Portland cement concrete, or paving brick.
(B) Any business engaged in vehicle sales and/or rentals shall have a principal building which complies
with the Grand Island City Code and all applicable building, electrical, plumbing and fire codes.
(C) Any business engaged in vehicle sales and/or rentals shall have space within the principal building or
an accessory building for storage of all vehicle parts, new or used. All such parts must be stored within said space.
(D) All hazardous materials, regulated waste and used vehicle fluids shall be 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. Tank storage of fluids and wastes must be situated within a
suitable overflow enclosure.
(E) Any business engaged in vehicle sales and/or rentals shall comply with the Grand Island City Code
landscaping and screening regulations and minimum off-street parking and loading space requirements prior to
commencing operations.
SECTION 4. Section 36-49 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
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Approved as to Form 0 '~
November 27,2002 0 City Attorney
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ORDINANCE NO. 8783 (Cont.)
Enacted: November 26, 2002.
Attest:
QJ\QL 901^f)Q~
RaNae Edwards, City Clerk
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Approved as to Form 0 ~ ~
November 27,2002 0 City Attorney