(a)

This chapter is to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, the height, number of stories, and size of buildings and other structures, the size of yards and other open spaces, off-street parking and loading, and the density of population; and for said purposes to divide the planning area into districts of such number, shape, and area as may be deemed best suited to carry out this chapter; to prescribe penalties for the violation of its provisions and to provide for its enforcement.

(b)

The mayor and board of aldermen and the board of supervisors of the city and the county deem it necessary in order to lessen congestion on streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the city, all in accordance with a comprehensive plan. It is ordained by the mayor and board of aldermen of the city and the board of supervisors of county, that this chapter entitled "Official Zoning Ordinance for the City of Indianola and Planning Area," 1995 is hereby adopted and may be so cited.

(c)

The planning area shall be described as follows: Begin at the northwest corner of Section 14, Township 19, North, Range 5 West, Sunflower County, Mississippi; thence east along the north boundary of Sections 14 and 13 of T19N, R5W; thence south along the east boundary line of Section 13 to the southeast corner of Section 13, T19N, R5W; thence east along the north boundary lines of Sections 19, 20 and 21, T19N, R4W to the northeast corner of Section 21, T19N, R4W; thence south along the east boundary lines of Sections 21, 28, and 33, T19N, R4W; thence south along the east boundary lines of Sections 4 and 9, T18N, R4W the southeast corner of Section 9, T18N, R4W; thence west along the south boundary lines of Sections 9, 8 and 7, T18N, R4W; thence west along the south boundary lines of Sections 12 and 11, T18N, R5W to the southwest corner of Section 11, T18N, R5W; thence north along the west boundary lines of Sections 11 and 2, T18N, R5W, thence north along the west boundary lines of Sections 35, 26, 23 and 14 to the point of beginning.

This chapter shall be known as the "Official Zoning Ordinance for the City of Indianola and Planning Area," and may be so cited, and further referenced elsewhere as "zoning ordinance" and herein as "the ordinance" or "this chapter;" shall imply the same wording as the full title.

(Ord. of 2-21-1995, art. I, § 2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned vehicle means a motor vehicle that is in a state of disrepair and/or incapable of being moved under its own power, regardless of whether or not it has a current license.

Accessory building or use means a subordinate building on the same lot or a portion of the main building, the use of which is clearly incidental to the main use of the property, including satellite receiving dishes.

Agriculture means the raising or growing of crops, fowl, livestock, but not swine, in any A-1 zone providing such use does not constitute a nuisance or health hazard.

Alley means a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Apartment house or multiple-family dwelling.

(1)

The term "apartment house" or multiple-family dwelling" means any single-detached dwelling unit designed for and occupied by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats.

(2)

The term "apartment house" or multiple-family dwelling" does not include auto or trailer courts or camps, hotels, motels or resort-type hotels.

Automobile junk area or graveyard means an open area other than a street, alley or place, used for the dismantling or wrecking of used automobiles or their parts.

Basement means a story below the first story as hereinafter defined. See Story.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the city engineer shall determine the outline of the block.

Board means the zoning board of adjustment.

Boardinghouse or lodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Buffer area means an area which acts as a separation area between two or more noncompatible districts.

Buildable area means that portion of a lot remaining after required yards have been provided.

Buildable width means the width of the building site left after the required yards have been provided.

Building means any structure intended for shelter, housing or enclosure of persons, animals or chattel.

Building, accessory, means any structure erected or constructed including buildings, as herein defined, the use of which requires location on the ground or attachment to something located on the ground and which is incidental and customarily appurtenant to a principal use permitted on the zoning lot, but not including fences and walls of less than six feet in height provided they do not project more than one foot above the surface of the ground on the high side.

Building, alteration of, means any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, and addition to a building or movement of a building from one location to another.

Building, front line of, means a line intersecting the foremost portion of a building and parallel and/or concentric to the street line.

Building height means the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface.

Building line or setback line means the distance required by this chapter to be maintained between a given lot line, easement or right-of-way line and any structure: front, rear or side, as specified.

Building, main, means a building in which is conducted the principal use of the lot on which it is situated.

Building official means a person designated by the mayor and board of aldermen who is responsible for issuing building permits, certificates of occupancy and inspections pursuant thereto.

Building site means a single parcel of land occupied or intended to be occupied by a building or structure and appropriate accessory buildings or uses.

Cemetery means a tract of land, private or public, divided into plots for interment of the human dead and in compliance with applicable state statutes.

Certificate of occupancy means a permit issued by the building official indicating that the use of land in question is in conformity with this chapter or that there has been a legal variance therefrom, as provided by this chapter.

Child care center.

(1)

The term "child care center" means a private establishment enrolling four or more children where tuition, fees or other forms of compensation for the care of the children is charged. The term "child care center" indicates day care nurseries, day care centers and any other facilities that falls within the scope of the definition set forth herein, regardless of auspices. Space requirements shall be stipulated by the state board of health and [the building codes set forth in chapter 14].

(2)

The term "child care center" does not mean any facility operating as a kindergarten, nursery school or Head Start, in conjunction with an elementary and/or secondary school system, whether it is public, private or parochial, whose primary purpose is a structured school readiness program.

Concealing fence means a fence, wall, live shrubbery or other material approved by the planning commission which visually prevents, on a perpetually maintained basis, an area so enclosed, from being viewed from without by a maximum of 20 percent visibility. Any fence, wall or other material, except live shrubbery, shall be painted or colored a uniformly solid color, pastel in nature, or otherwise aesthetically pleasing, which contains no advertising sign or symbol. Any live shrubbery used shall be a hardy species to the area and permanently maintained in a manner which will not create a nuisance. Any lack of maintenance of such concealing fence shall be deemed a violation of this chapter and shall be prosecuted as prescribed herein.

Conforming use means any lawful use of a building or lot which complies with the provisions of this chapter.

Coverage means the percentage of the lot area covered by the building area.

District means any zoning district established by this chapter.

Dwelling means any building, or portion thereof, including manufactured or modular housing, which is designed or used as living quarters for one or more families.

Dwelling, multiple-family, means a dwelling designed for occupancy for three or more families living independently of each other.

Dwelling, single-family, means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one family.

Dwelling, two-family, means a dwelling designed for occupancy by two families living independently of each other.

Dwelling unit means a room or group of rooms occupied or intended to be occupied as separate living quarters.

Dwelling, zero lot line, means a detached single-family dwelling unit which is constructed against the lot line on one side of a lot; provided, however, that there shall be no windows, doors or other openings of any kind on this side. The term "zero lot line dwelling" is also sometimes referred to as a court-garden house or patio house.

Easement means a grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.

Engineer or city engineer means a person registered as a professional engineer in the state and so designated by the mayor and board of aldermen.

Family means one or more persons related by blood or marriage, including adopted children, occupying premises and living as a single nonprofit housekeeping unit.

Flammable liquids means any liquid which gives off flammable vapors, as determined by the flashpoint from an open-cup tester as used for test of burning oils, at or below a temperature of 80 degrees Fahrenheit, is flammable.

Floodplain means the relatively flat area or low lands adjoining the channel of a river, stream or watercourse or ocean, lake or other body of standing water, which has been or may be covered by floodwater.

Floodway means the width on either side of a stream, river or drainage course designated by the mayor and board of aldermen and/or the board of supervisors as necessary to provide sufficient channel and capacity to drain stormwaters flowing into it in a manner which will prevent extensive flooding or inundation of property located adjacent to the area so designated.

Floor area means the square feet of floor space within the outside line of walls and including the total of all space on all floors of a building used for dwelling purposes.

Frontage means all the property abutting on one side of a street between two intersecting streets, measured along the street line.

Garage apartment means a dwelling unit erected above a private garage.

Garage, mechanical, means a facility used for the repair of automobiles, trucks and similar vehicular powered, hydraulic or control systems.

Garage, private, means an attached or detached accessory building for the storage of private passenger vehicles or recreational equipment with a capacity of not more than three single stalls per dwelling unit and where no repair facilities are maintained.

Garage, storage, means a building or portion thereof, other than a private garage, used exclusively for the parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

Gasoline, service or filling station means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, and installation of other minor automobile accessories, and which may or may not include facilities for lubrication, washing or cleaning.

Governing authority means the mayor and board of aldermen of the city and/or the board of supervisors of the county.

Group housing project means a group of one-family, two-family or multiple-family dwellings, arranged on land not subdivided into customary streets and lots.

Hobby means an accessory use carried on by the occupant of the premises in a shop, studio or other work room, purely for personal enjoyment, amusement or recreation; provided, that the articles produced or constructed in said shop, studio or work room are not sold either on or off the premises, and provided each use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

Home occupation.

(1)

The term "home occupation" means any occupation which is customarily incident to the main use of the premises as a dwelling place, and is conducted by a member of a family residing in the dwelling, and in connection with which there is kept no stock in trade nor commodity to be sold upon the premises; provided that no person is employed other than a member of the immediate family residing on the premises; provided further that no mechanical equipment shall be used which will be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

(2)

The term "home occupation" does not mean the operation of beauty culture schools, beauty parlors or barbershops.

Hotel or motel means a building containing sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation.

Junk means and includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

Kennel means an establishment in which more than six dogs or domesticated animals more than four months of age are housed, groomed, bred, boarded or trained for remuneration or offered for sale.

Kindergarten means a school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

Lot means a subdivision of a block or other parcel of land intended as a unit for the transfer of ownership or for building development or both, and which faces on a public right-of-way.

Lot area means the total area included within the front, side and rear lot line.

Lot, corner, means a lot located at the intersection of and abutting on two or more streets.

Lot depth means the average horizontal distance between the front lot line and the rear lot line.

Lot, double frontage, means a lot, other than a corner lot, which has frontage on more than one street.

Lot frontage means that dimension of a lot or portion of a lot abutting a street.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot as defined herein.

Lot of record means a lot, the plat of which has been recorded in the office of the chancery clerk of the county.

Lot, reverse frontage, means a lot fronting on two parallel streets but with access to only one when desirable to reduce the effect of heavy traffic along highways, arterial streets, etc.

Lot width means the average lot width taken by measuring the front lot line and the rear lot line, adding these dimensions together and dividing by two.

Manufactured housing means a factory constructed housing unit, designed and constructed with carriage and or hitch for placement upon a permanent foundation, to be connected to all utilities in a proper and approved manner for yearround occupancy. Such housing shall conform to the rules of the state fire marshal for manufacturers and sellers of factory manufactured moveable homes, [the building codes set forth in chapter 14], and the applicable city ordinances.

Medical and dental facilities.

(1)

The term "convalescent, rest or nursing home" means a health facility where persons are housed and furnished with medical and/or nursing care.

(2)

The term "dental office" or "doctor's office" means a facility for the examination and treatment of patients.

(3)

The term "hospital" means an institution providing comprehensive health services.

(4)

The term "public health center" means a facility primarily utilized by a health unit for the provisions of public health services.

Mobile home.

(1)

The term "mobile home" means a dwelling, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. A mobile home by this definition does not qualify as a manufactured housing unit.

(2)

The term "mobile home" does not include recreational vehicles or travel trailers.

Mobile home lot, stand or pad means the area for locating a single mobile home unit and the exclusive use of its occupant.

Mobile home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use.

Modular homes means a factory fabricated dwelling over 32 feet in length and at least 24 feet wide designed and constructed without carriage or hitch collar as stationary house construction for placement upon a permanent foundation, to be permanently connected to utilities, and to be used for yearround occupancy. It may consist of two or more components that can be separated when transported but designed to be joined into one integral unit. A modular home must meet the minimum construction standards for house construction as specified in [the building codes set forth in chapter 14], the Federal Housing Administration minimum property standards, the minimum construction standards as may from time to time be fixed by the law of the state, and must have a roof with at least a 4:12 pitch.

Nonconforming use, building or yard means a use, building or yard existing legally at the time of the passage of the ordinance [from which this chapter is derived] which does not by reason of design, use or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of the ordinance [from which this chapter is derived] which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.

Outdoor storage means a depository or place for storing goods related to the establishment on the same premises and not located within a building.

Parking area, public, means an open area other than a street, alley or place, used for the temporary parking of more than four self-propelled vehicles and available for public use whether free, for compensation or as an accommodation for clients or customers.

Parking area, semipublic, means an open area other than a street, alley or place, used for the temporary parking of more than four self-propelled vehicles as an accessory use to semipublic institutions, schools, churches, hospitals and noncommercial clubs.

Parking space means a space located on private or public property sufficient in size to store one automobile.

Planned unit development (PUD) means a land tract in which a multiplicity of land uses may be permitted including single-family residential, multifamily residential, public use and compatible commercial use, and in which land not used by residential or commercial structures and yards but required by basic zoning of the site shall be reserved collectively in contiguous units accessible to all the building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation.

Planning commission means the planning area commission of the city and the county.

Plat, final, means a map of land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances, and with complete bearing and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.

Plat, preliminary, means a map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

Premises means any lot or unplatted tract, or any combination of contiguous lots or unplatted tracts held under single ownership.

Principal permitted use means that use of a zoning lot which is among the uses allowed as a matter of right under the zoning classification.

Public uses means any land use operated by or through a unit or level of government, either through lease or ownership; such as municipal administration, county buildings, state offices and federal uses such as post offices and other departmental offices.

Right-of-way means a grant by the property owner, usually in the form of a dedication to the public, of a strip or strips of land to be used primarily for transportation passage over the land.

Screening refers to landscaping and/or architectural barriers which block vision.

Sidewalk means the portions of a street or crosswalkway, paved or otherwise surfaced, intended for pedestrian use only.

Signs.

(1)

The term "billboard" means an off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

(2)

The term "business sign" or "on-premises sign" means a sign advertising activities, products and accommodations conducted or sold on the property upon which the signs are located.

(3)

The term "freestanding sign" means a sign separate and apart from the main structure on the premises and stands on its own whether fixed directly to the ground or mounted on supports.

(4)

The term "internally illuminated sign" means a sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

(5)

The term "mobile sign" means a sign designed to be temporary in nature and capable of being transported to various locations, and not exceeding 32 square feet and eight feet in height.

(6)

The term "off-premises sign" means a sign which relates in its subject matter to products, accommodations, services or activities which are available or conducted at locations other than on the premises where the sign is located.

(7)

The term "outdoor advertising sign" means a sign, including the supporting sign structure, which directs the attention of the general public to a business, service, or activity not conducted, or a product not offered or sold upon the premises where such sign is located.

(8)

The term "political sign" means any type of nonpremises sign which refers only to the issues or candidates involved in a political election.

(9)

The term "projecting sign" means a sign which is attached perpendicular or at an angle, to a building wall and extending outward more than 12 inches from the wall.

(10)

The term "roof sign" means any sign or outdoor advertising device attached to the roof of a building.

(11)

The term "sign" means any structure or device maintained outside of enclosed buildings for the purpose of advertising, displaying or informing, including posters, pictures, billboards, bulletin boards, banners, etc.

(12)

Sign area.

a.

The term "sign area" means the entire width within a single, continuous perimeter enclosing the outer dimensions of the actual message area.

b.

The term "sign area" does not include decorative trim, customary extensions or embellishments nor any structural elements not forming an integral part of the display.

(13)

The term "sign support" means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.

(14)

The term "special purpose sign" means any type of nonpremises sign which refers only to the issues or candidates involved in a political election.

(15)

The term "wall sign" means a sign painted or otherwise placed flat (within 12 inches) of a building wall surface.

Space satellite receiving systems means a structure which receives audio-visual wave frequencies from earth orbiting communications satellites. These satellite systems shall be considered as an accessory use.

Stable, private, means an accessory building for the keeping of horses, or mules owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, public, means a stable other than a riding or private stable.

Stable, riding, means a structure in which horses or mules used for pleasure riding or driving are housed, boarded or kept for hire; including a riding track.

Story means that part of a building included between the surface of one floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, or the average elevation of the finished grade along the front of the building were it set back from the street.

Street means the term street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.

Street, arterial, and highway means streets and roadways which are used primarily for fast or heavy traffic and that form a part of the existing or projected federal aid highway system, the state highway system or the city street system.

Street, collector, means a street which carries traffic from minor streets to major streets in residential and business areas and include the principal entrance streets of a residential development and streets for circulation within such a development.

Street, cul-de-sac, means a minor street with a turn-around and permanently closed to through traffic and used primarily for access to the abutting property.

Street, frontage or service means a minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas for control of access and protection from through traffic.

Street line means public right-of-way line of a street.

Street, major, means a street which provides easy access to the various traffic generators within the city or county and to the arterial highway system.

Street, minor, means a street which is used primarily for access to the abutting properties.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, which requires location on the ground, or attached to something having location on the ground; including, but not limited to, advertising signs, billboards and poster panels; but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs.

Subdivider means any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Subdivision means the division or redivision of land into two or more lots, tracts, sites or parcels of less than three acres in area for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right-of-way or easement.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the actual cash value of the structure either:

(1)

Before the improvement is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

Substantial improvement has started when the first alteration of any structural part of the building commences.

Trailer park means an area containing one or more structures designed or intended to be used as temporary living facilities of one or more families, and intended primarily for automobile transients, or providing proper space and facilities for two or more auto trailers of mobile dwelling unit character.

Travel trailer or camper means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Unobstructed open space means an area of land upon which no structure may be erected.

Used automobile junk area means an open area other than a street, alley or place, used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked automobiles or their parts.

Utility means a commodity or service which is of public consequence and need, such as electricity, gas, sewer, water, transportation, or telephone or telegraph service.

Variance means a modification from the provisions of this chapter by the zoning board of adjustment in cases when enforcement of its provisions would result in unnecessary hardship.

Yard means an open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard or the depth of the rear yard, the least horizontal distance between the lot line and the main building shall be used. (See section 58-215.)

Yard, front, means a yard across the full width of a lot extending from the front line of the main building to the front street line of the lot. (See section 58-215.)

Yard, rear, means a yard extending across the rear of a lot measured between inner side yard lines and being the minimum distance between the rear lot line and the rear of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See section 58-215.)

Yard, side, means a yard between the building and the side line of the lot unoccupied and unobstructed by any portion of a structure from the ground upward and extending from the front building line to the rear lot line. (See section 58-215.)

Zero lot line means a lot where no side yard is required under special construction regulations. These shall include appropriate firewalls, restrictive openings, etc.

Zoning map means the official zoning map or maps which are a part of this chapter and delineates the boundaries of the zoning districts.

(Ord. of 2-21-1995, art. II, § 2)

(a)

The provisions of this chapter are adopted pursuant to the authority set forth in MCA 1972, §§ 17-1-3—17-1-21.

(b)

MCA 1972, §§ 17-1-3—17-1-37, 21-1-27, 21-13-7, 21-19-63, 41-25-13, 43-35-105, 49-23-1—49-23-29, 49-25-1—49-25-23 and 75-49-1, further empowers the city and county to enact provisions for other functions related to this chapter such as: planning, airport zoning regulations, creating a zoning advisory board, control of outdoor advertising along highways, control of junkyards, mobile home construction standards and sanitary regulations, building setback lines, adoption of official plans, extension or contraction of corporate boundaries, methods for adopting codes, subdivision of land and regulation thereof, among other matters. (See appendix A [attached to the ordinance from which this chapter is derived.])

(Ord. of 2-21-1995, art. I, § 1)

In interpreting and applying this chapter, its provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent of this chapter to interfere with, abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of building or premises, and likewise not in conflict with this chapter to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties except wherein this chapter imposes a greater restriction, this chapter shall control.

(Ord. of 2-21-1995, art. I, § 3)

All ordinances or parts of ordinances in conflict herewith are repealed, but nothing contained herein shall prevent the prosecution of any person or the bringing of a civil action to enjoin any person for the prior violation of any ordinance or part of any ordinance hereby repealed.

(Ord. of 2-21-1995, art. I, § 4)

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are hereby declared severable.

(Ord. of 2-21-1995, art. I, § 5)