The Marysville municipal airport shall be under supervision and control of the governing body. The mayor, with the approval of the city council, may appoint a committee of the city council to manage such activities of the airport as may be deemed advisable. The governing body is hereby authorized to promulgate such rules and regulations as it deems necessary or advisable for the proper management, control and operation of the airport, and such rules and regulations may be adopted from time to time hereafter by the governing body.

The city clerk is hereby assigned the additional duty as airport manager whose duty it shall be to enforce the rules and regulations promulgated by the governing body for the operation, management and control of the airport and to carry out such other instructions and perform such other duties as may be determined or decided upon from time to time by the governing body.  

(Code 1987, 12-501)

There is hereby created an advisory commission to be known as the Marysville Municipal Airport Advisory Commission whose duty it shall be to act in advisory capacity to the governing body or the standing committee of the city council in charge of the airport, in all matters pertaining to maintenance, operation and control of the Marysville municipal airport. The airport advisory commission shall consist of five residents of the city, to be appointed for a term of two years by the mayor with the approval of the city council; provided that any member may be removed for cause at any time by the governing body. At least one of the members of the commission shall be a duly elected, qualified and acting member of the city council. The mayor shall be an ex officio member of the commission. In making appointments to the commission the mayor is to designate one of its members as chairperson. Meetings shall be upon call by the chairperson of the commission or the mayor on an as-needed basis.  

(Ord. 588, Sec. 12; Code 1987, 12-502)

For the purpose of this article, the following terms shall be given the following meanings:

(a)   Acrobatic flying means any intentional airplane maneuver or stunt not necessary to air navigation or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers.

(b)   Aircraft means any machine or contrivance, except parachutes, used for exhibition purposes or for carrying persons or property, propelled through the air and controlled by man, regardless of how propelled or controlled.

(c)   Airport – means Marysville Municipal Airport.

(d)   Airport Elevation – 1,283 feet above mean sea level.

(e)   Approach Surface – A surface longitudinally centered on the extended primary surface and at the same slope as the approach zone height limitation slope set forth in Section 12-504. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

(f)   Approach, Transitional, Horizontal, and Conical Zones – These zones are set forth in Section III of this article.

(g)   Board of Adjustment – A board of three (3) members appointed by the City Council as provided in the Laws of the State of Kansas.

(h)   Conical Surface – A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

(i)    Hazard to Air Navigation – An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

(j)    Height – For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(k)   Horizontal Surface – A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

(l)    Larger Than Utility Runway – A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

(m)  Nonconforming Use – Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.

(n)   Non-Precision Instrument Runway – A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

(o)   Obstruction – Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section IV of this article.

(p)   Person – An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or similar representative of any of them.

(q)   Precision Instrument Runway – a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

(r)    Primary Surface – A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface is set forth in this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(s)   Runway – A defined area on an airport prepared for landing and take-off of aircraft along its length.

(t)    Structure – An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

(u)   Transitional Surfaces – These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(v)   Tree – Any object of natural growth.

(w)  Utility Runway – A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less, i.e., Airport Approach Categories A and B.

(x)   Visual Runway – a runway intended solely for the operation of aircraft using visual approach procedures.  

(Ord. 588, Sec. 1; Ord. 1392, Sec. 2; Code 1987, 12-503; Code 2011)

In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transition surfaces, horizontal surfaces, and conical surfaces as they apply to the Marysville Municipal Airport. Such zones are shown on the Marysville Municipal Airport Airspace Drawing, dated June 22, 1992, and which is attached to Ordinance No. 1392 and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(a)   Utility Runway Visual Approach Zone – The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(b)   Utility Runway Non-precision Instrument Approach Zone – The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(c)   Runway Larger than Utility with a Visibility Minimum Greater than ¾ Mile. Non-precision Instrument Approach Zone – The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(d)   Runway – Larger than Utility with a Visibility Minimum Greater than ¾ Mile. Non-precision Instrument Approach Zone – Precision Runway – The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(e)   Precision Instrument Runway Approach Zone – The inner edge of this approach coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(f)   Transitional Zone – The transitional zones are the areas between the transitional surfaces.

(g)   Horizontal Zone – The horizontal zone is established by swinging arcs of 5,000 feet radii for all runway designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(h)   Conical Zone – The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.  

(Ord. 1392, Sec. 3; Code 2011)

Except as otherwise provided in this article, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(a)   Utility runway Visual Approach Zone – Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(b)   Runway Larger than Utility with a Visibility Minimum Greater than ¾ Mile Non-precision Instrument Approach Zone – Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(c)   Runway Larger than Utility with a Visibility Minimum Greater than ¾ Mile Non-precision Instrument Approach Zone – Precision Runway – Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(d)   Precision Instrument Runway Approach Zone – Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(e)   Transitional Zones – Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,283 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(f)   Horizontal Zone – Established at 150 feet above the airport elevation or a height of 1,433 feet above mean sea level.

(g)   Conical Zone – Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(h)   Excepted Height Limitations – Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.  

(Ord. 1392, Sec. 4; Code 2011)

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to cause electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport.  

(Ord. 1392, Sec. 5; Code 2011)

(a)   Regulations Not Retroactive – The regulations prescribed in this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to regulations as of the effective date of this article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of Ordinance No. 1392 and is diligently prosecuted.

(b)   Marking and Lighting – Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city council to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Marysville.  

(Ord. 1392, Sec. 6; Code 2011)

(a)   Future Uses – Except as specifically provided in a., b., and c. hereunder no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit thereof shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d).

(1)   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2)   In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(3)   In the area lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article, except as set forth in Section IV, 8.

(b)   Existing Uses – No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of Ordinance No 1392 or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)   Nonconforming Uses Abandoned or Destroyed – Whenever the city administrator determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(d)   Variances – Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, may apply to the Board of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, will not be contrary to the public interest, will not create a hazard to air navigation, and will be in accordance with the spirit of this article.

(e)   Obstruction Marking and Lighting – Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such marking and lights as may be necessary. If deemed property by the Board of Adjustment, this condition may be modified to require the owner to permit the City of Marysville, at its own expense, to install, operate, and maintain the necessary markings and lights.  

(Ord. 1392, Sec. 7; Code 2011)

No person shall operate any aircraft over or within the city limits or from the Marysville municipal airport, in violation of any valid current rules or regulations established by the Federal Aviation Administration or Kansas statutes.

(Ord. 588, Sec. 5; Code 1987, 12-505)

Acrobatic flying by any person flying over any portion of the city or over the Marysville municipal airport is hereby prohibited except by special permission of the governing body.  

(Ord. 588, Sec. 6; Code 1987, 12-506)

Except in case of emergency, no person shall land any aircraft within the corporate limits of the city except upon regularly established airport, field or landing place.  

(Ord. 588, Sec. 7; Code 1987, 12-507)

Unnecessary noise by operation of aircraft within or over the corporate limits of the city and over or on the Marysville municipal airport is hereby prohibited.  

(Ord. 588, Sec. 9; Code 1987, 12-508)

No person shall hire or contract any person or no person in any aircraft shall cause or permit to be thrown out, discharged or dropped within the corporate limits of the city or over the Marysville municipal airport, any object or thing, except loose water or loose sand ballast when absolutely essential to the safety of the occupants of aircraft, without prior approval of the governing body. All equipment, baggage and articles of personal property carried in an aircraft shall be adequately fastened in place before leaving the ground.  

(Ord. 588, Sec. 10; Code 1987, 12-509)

No person shall make exhibition flights by carrying banners on, or operate a loud speaking device from any aircraft flying over or within the corporate limits of the city without first obtaining a permit to do so from the governing body. The governing body may issue such permit if the person who will operate the aircraft and the aircraft to be used are duly licensed and certified by the Department of Commerce of the United States and the safety of lives of the inhabitants of the city will not be endangered by the proposed flight. The permit shall not be issued until the person making application shall have paid to the city clerk a fee of $5.00. The permit provided for in this section may be issued by the governing body for periods of not longer than six months rather than for individual flights if the safety of lives of the inhabitants of the city will not be endangered by such permit and a permit fee of $25.00 is paid. Such six-month permit shall be revoked by the governing body upon violation of any provision of this article.  

(Ord. 588, Sec. 11; Code 1987, 12-510)

The governing body of the city may lease, assign or sublease any part of the Marysville municipal airport to one or more responsible persons, associations or corporations, jointly or severally, for any purpose directly or incidentally and necessarily required for the successful and proper operation of such property upon such terms as shall insure the impartial operation thereof, and rendition of services and conveniences thereon, on an equal basis to all users of the airport.

(K.S.A. 3-122; Code 1987, 12-511)

All commercial users of the Marysville municipal airport shall, prior to the commencement of operation from the airport, obtain the favorable recommendation of the airport advisory commission and approval of the governing body and purchase from the city clerk a license to so operate. The cost of the license shall be $50.00 per calendar year. The airport advisory commission or governing body may terminate any lease if any of the provisions of this article are violated. The license fee, or any part thereof, will not be refunded.  

(Ord. 1026, Sec. 1; Code 1987, 12-512)

A fee of $75 per plane for any part of a six-month period will be charged for operating space rental at the Marysville municipal airport.  

(Code 1987, 12-513)

Agricultural spray planes will be assigned parking north of the present ramp. Materials such as spray, fuel or mix tanks, etc. will not be stored less than 40 feet but not more than 65 feet from hard surfacing or taxiway. The width of the operating space will be marked out by the airport advisory commission.  

(Code 1987, 12-514)

All poisonous materials will be kept out of reach of children and animals at all times.  

(Code 1987, 12-515)

All commercial users of the Marysville municipal airport shall provide to the city clerk a certificate of liability insurance. The certificate shall provide a minimum of $500,000 property and personal liability coverage and shall hold the city harmless for any accidents and/or damages which may occur.  

(Code 1987, 12-516)

Any commercial user of the airport facility shall be liable for any and all expense incurred by the city for the necessary clean up, repair and maintenance resulting from the use.  

(Ord. 1026, Sec. 2; Code 1987, 12-517)

In addition to the fees provided in sections 12-512 and 12-513, a commercial user shall post a cash bond in the amount of $250.00 which shall indemnify the city against any possible damage caused to any airport facility by the operation and to cover any cost imposed upon the city for the clean-up of the commercial use. The user shall notify in writing the city clerk of the termination of the use. Within five days of the termination, an inspection will be made of the site and, if no expense is incurred by the city for damage to any airport facility or for clean-up, the bond will be refunded forthwith to the user at the address provided on the license. This bond is in no way intended to limit the liability of the user for repairs or clean-up expense and if the amount of the bond is exhausted for repair and clean-up, the city may bill the user for additional expenses incurred.  

(Code 1987, 12-518)

It shall be the duty of the city administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city clerk upon a form published for that purpose. Applications required by this article are to be submitted to the Board of Adjustment and shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the city clerk.  

(Ord. 1392, Sec. 8; Code 2011)

(a)   There is hereby created a Board of Adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the city administrator in the enforcement of this article; (2) to hear and decide special exceptions to the terms of this article upon which such Board of Adjustment under such regulations may be required to pass; and (3) to hear and decide specific variances.

(b)   The Board of Adjustment shall consist of three (3) members appointed by the city council and each shall serve for a term of three (3) years or until a successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

(c)   The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city clerk and on due cause shown.

(d)   The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.

(e)   The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the city administrator or decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect variation of this article.  

(Ord. 1392, Sec. 9; Code 2011)

(a)   Any person aggrieved or any taxpayer affected by any decision of the city administrator, made in the administration of the article, may appeal to the Board of Adjustment.

(b)   All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the city clerk a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

(c)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the city administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the city administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment or notice to the city administrator and on due cause shown.

(d)   The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(e)   The Board of Adjustment may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.  

(Ord. 1392, Sec. 10; Code 2011)

(a)   Any person aggrieved or taxpayer affected by any decision of the Board of Adjustment may file within thirty (30) days from the rendition of such decision in the office of the District Court of Marshall County a verified petition setting forth and specifying the grounds for review upon which the petitioner relies and designating the decision sought to be reviewed. The clerk shall forthwith cause written notice of such appeal to be served upon the Board of Adjustment.

(b)   Upon presentation of such petition, the court shall set it down for hearing and the same shall be tried de novo as in a civil case, and enforcement of said regulations shall be stayed until said petition is finally determined by the court. Appeals may be taken to the Supreme Court from any order, ruling or decision as in other civil cases.  

(Ord. 1392, Sec. 11; Code 2011)

Each violation of this article or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than thirty (30) days or both; and each day a violation continues to exist shall constitute a separate offense.  

(Ord. 1392, Sec. 12; Code 2011)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.  

(Ord. 1392, Sec. 13; Code 2011)

If any of the provisions of this article or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable.  

(Ord. 1392, Sec. 14; Code 2011)