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Home My WebLink AboutCOM 0073.009 2012-2014Zendo Kern r '• Ph,,ne- Bost 965-2712 C Member O• 8°;� Rix: BON19652s11] nail ��OUItCII Ovvhic[J Lw{t _At'IW'¢Ll!_INN'¢11. 11L N.P Mailing Address Planning ComTlaee Ch", lla,,ai'i Counn, /Punning y 254npu,,So er En,,,...nral if¢nayemern IN, HaN'ni'i 96720 Con",ia"e Clmir Hawaii County Council County of Hawaii C3 CO 2C Z DATE: July 17, 2014 -ern yx TO: J Yoshimoto, Chairperson, N and Members of the Hawaii County Council FROM: tendo Kern, Council Member is SUBJECT: Proposed Amendments to Bill No. 25, Draft 2; Relating to Agricultural Tourism Please find below amendments to Bill No. 25. Draft 2. The amendments are illustrated in Ramseyer format with respect to the contents of Bill No. 25, Draft 2 (material to be deleted is bracketed and stricken through; material to be added is underscored). 'rhe proposed amendments read as follows: 1. Amends the definition for "agricultural tourism" as provided in SECTION 1 to read: ""Agricultural tourism" means the practice of visiting an agribusiness, horticultural, actuacultural or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, an agricultural products processing facility, a companion animal or livestock show, for the purpose of recreation, [education.] or active involvement in the operation, other than as a contractor or employee of the operation. Educational tours conducted for students of public or private schools shall not be considered asricultural tourism." 2. Amends the definition for "agriculturally related products," "agricultural tourism, major," and "agricultural tourism, minor" as provided in SECTION 2 to read: ""Agriculturally related products" means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, gift items, food [std] items clothing, coffee mugs, tee shins, and other items promoting the farm and agriculture in Hawaii and value- added agricultural products and production on site. ["Agriculisnal tourism, ...] "Major agricultural tourism" means an [agriculture] awricultural tourism operation which shall have a maximum of thirty thousand visitors annually. Serving thelate res(s ofrhe Peopleld ll¢w¢i'i County B ¢n Fqual Oppanurnry Pro"vide"de r ¢nd f,'mplo_ver July 17, 2014 Page 2 [""gr ,,,'t,,,.,,1 tourism mi ] "Minor agricultural tourism" means an agricultural tourism operation which shall have a maximum of five thousand two hundred visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle." Amends Section 25-2-75 as provided in SECTION 4 by amending subsection (5). "(5) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25-4- 15 (d) [M] (2)." 4. Amends Section 25-4-15 as provided in SECTION 6 by amending subsections (d) through (k) to read: "(d) [moi] Major agricultural tourism operations shall comply with the following regulations: Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually - [04] (2) nnually;[04](2) Major agricultural tourism operations must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales; [(-2-)]0) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past [twenty National We thef Servi .o,] 6.15 p.m. dailL and shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawaii Revised Statutes, relating to noise; [(3) A minor- agfietiltufal teufism operation shall have a filaximum of five thousand visitefs annually, but not to emceed -one htindfed visitofs per- week, that aeeess the .,twit y < ral< 1 that mefe +L,a fifteen . plc pef � � vehiele. Major- b eultui 1 tour -ism atio shallhave amaximum of thia- thousand visitors anaual1y-fl (4) All visitor and employee parking, loading/unloading, and vehicular turn -around areas shall be located on-site; (5) [ ] Buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural tourism site is available from a State or County road, or upon approval of the planning director; July 17, 2014 Page 3 (6) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. Incidental sales of non-agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; (7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; [apA] (8) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval[...], and Any major agricultural tourism activity in the A, FA IA RA or APD districts existing prior to the effective date of this ordinance that conform to the standards contained in this subsection and that has not received plan approval, may continue subject to providing proof of compliance with this chapter. (e) Minor agricultural tourism operations shall comply with the following regulations: (1) Minor agricultural tourism operations shall have a maximum of five thousand two hundred visitors annually, but not to exceed one hundred visitors per week that access the activity via passenger vehicles that carry no more than fifteen passengers per vehicle; Any person who desires to conduct minor agricultural tourism shall register with the department. Registration shall include the following: Location of the agricultural tourism operation including both the physical address and tax map key(s); Description of the agricultural activity practiced at the provided location• Description of the type of agricultural tourism that will be conducted including anticipated visitor counts vehicles that may be utilized and items that may be offered for sale; Contact information, including telephone (day and night) mailing address, and email (if applicable); and A form signed bathe person or persons that will operate the minor agricultural tourism operation acknowledging that he or she has received and read all rules and regulations pertaining to the lawful operation of minor agricultural tourism; (33,) Each location shall require separate registrations and a processing fee of $100 per location; July 17, 2014 Page 4 4) The director may request additional information pertinent to the registration of minor agricultural tourism operations providing the requested information is relevant to the provisions of this chapter, and further providing that the information sought is not protected intellectual property or would divulge the particular customary agricultural or business practices of the person registering his or her minor agricultural tourism operation; and (5) Minor agricultural tourism shall not be allowed in the following areas: (1) Waipi`o Valley. [(e) Any affieultur-al tour -ism aetivity that is not in eemplianee with the r-egulations unde su uaauei , tinless other -wise noted herein.] [pis Any h r -al tourism ae iyity in the A TA FA, RA, APD di + + existing prior- to the effeetive date of this seetion and eonfefming to the standards eentained i Pfo • .i"ng Y"'.f f Pl'�ivc- with rthis r-nrg+ cr.] [(g)](f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, 2010, and, if an application for a special permit or a use permit has been received and accepted by May 20, 2010, may continue such use until final action has been taken on the application. After May 20, 2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. [(h)]kg�Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4-15(d). [(i)](hh) [An] Any agricultural tourism activity that becomes non-compliant with the standards of section 25-4-15(d) because of an increase in the number of visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. [4)](i) [An] Any agricultural tourism activity shall submit financial records to the director on request to verify compliance and shall maintain a count of visitors which shall be furnished to the director on request. [(k3]W The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4-15(d)[(3)], and may require [apply] application for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit." A draft copy of Bill No. 25, Draft 3, is attached with these proposed amendments incorporated therein. ZK/nm Att. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "Agricultural tourism" to read as follows: ""Agricultural tourism" means [v=isitor related .,.,...mer—eial aetivitiesof per-iodie speeial events ,,fedi ets pfeeessing rn^] the practice of visiting an agribusiness, horticultural aquacultural or agricultural operation including but not limited to a farm orchard winery, greenhouse hunting preserve, an agricultural products processing facility, a companion animal or livestock show, for the purpose of recreation, or active involvement in the operation other than as a contractor or employee of the operation. Educational tours conducted for students of public or private schools shall not be considered agricultural tourism." SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be appropriately inserted and to read as follows: ""Value-added agricultural product," means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or1p ant product to a higher value The enhancement or improvement includes but is not limited to marketing, agricultural processing transforming, packaging, education presentation activities and tours "Agricultural products," includes but is not limited to crops fruit juice vegetables floriculture herbs, honey, forestry, husbandry, livestock and livestock products (cattle sheep hogs horses poultry. milk, eggs etc.) aquaculture products (fish fish products algae/limu water plants and shellfish) and horticultural specialties (nursery stock ornamental shrubs flowers and Christmas trees) "Agriculturally related products" means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, gift items, food items, clothing, coffee mugs, tee shirts, and other items promoting the farm and agriculture in Hawaii and value-added agricultural products and production on site. "Non -agriculturally related products" means those items not connected to farming or the farm operation, such as novelty tee shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. "Agricultural operation" means any peration producing agricultural products. "Agriculturally related uses" means those activities that predominantly use agricultural products buildings or equipment, such as rodeos, horse or ponyrplant mazes, barn dances, sleigh/ha rides, ides and educational events, such as farming cooking and food preserving classes, etc. "Non -agriculturally related uses" means activities that are part of an agricultural tourism operation's total offerings, but not tied to farming or the farm's buildings, equipment, fields, etc. Such non -agriculturally related uses include amusement rides, concerts, etc., and are subject to either special use permits or use permits. "Farm market/on farm market/roadside stand" means the sale of agricultural products or value- added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural, or agribusiness operation on agricultural land. "Major agricultural tourism" means an agricultural tourism operation which shall have a maximum of thirty thousand visitors annually. "Minor agricultural tourism" means an agricultural tourism operation which shall have a maximum of five thousand two hundred visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle." SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-71. Applicability; plan approval required. (a) Plan approval shall be required prior to the construction or installation of any new structure or development or any addition to an existing structure or development in all districts except in the RS, RA, FA, A and IA districts, and except for the construction of one single- family dwelling and any accessory buildings per lot. 2 (b) Plan approval shall be required in all districts prior to the change of the following uses in existing buildings: (1) Residential to commercial use; (2) Warehouse and manufacturing to retail use. (c) Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses: (1) Public uses, structures and buildings and community buildings, as permitted under section 25-4-11. (2) Telecommunication antennas and towers, as permitted under section 25-4-12. (3) Temporary real estate offices and model homes, as permitted under section 25-4-8. (4) Utility substations, as authorized under section 25-4-11. (d) Plan approval shall be required in the RA and FA district prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for minor agricultural products processing. (e) Plan approval shall be required in the A district prior to the development of any trailer park or major agricultural products processing facility. The director shall determine whether an agricultural products processing facility shall be considered major or minor at the time of building permit review, or earlier at the applicant's request. (f) Plan approval may be required as a condition of approval of any use permit, variance, or other action relating to a specific use, in which case the use or development so conditioned may not be established until plan approval has been secured. (g) Plan approval shall be required [far the establishment of any] prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development which is to be used for major agricultural tourism activity, as permitted under section 25-4-15(b)." SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-75. Plan approval application requirements for maior agricultural tourism. In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for major agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (1) A statement whether the operation will allow visits by buses; (2) Adequate off street parking, loading/unloading, and turn -around space to accommodate all specified tour transportation modes, including buses, if they are allowed, shall be provided and shown on the site plan; (3) The subject property must have an existing legal access to a public highway, which may be via a private road or easement, and new driveways shall meet applicable county or state standards; (4) New and existing facilities to be utilized principally for the agricultural tourism activity shall be clearly indicated on the plot plan [and shall not exeeed one thousand square fruit it total of , elud par -king .l L ' 1 ]. total �..,c, ::., .�.., U ..g YU�n�� ,and (5) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25-4-15(d)[(4)](2)." SECTION 5. Chapter 25, article 2, division 7, section 25-2-76 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-76. Action on plan approval application. (a) The director may issue plan approval subject to conditions or changes in the proposal which, in the director's opinion, are necessary to carry out and further the purposes of this chapter and the considerations contained in section 25-2-77. (b) The director may only issue plan approval for a telecommunication antenna or tower if the proposed use meets all of the conditions contained in sections 25-2-77 and 25-4-12, and if the applicant provides all verification required under section 25-2-74. (c) The director may only issue plan approval for a temporary model home or real estate office if the proposed use meets all of the conditions in section 25-2-77 and 25-4-8. (d) The director shall render a decision to either approve or deny a plan approval application[; other- than "' tilt 1 + f lit within thirty days after acceptance of the Uri 1 U 1 U�11 V U Ulu LV U11J111 1CLlJIl1Tr] L, application. If the director fails to render a decision within the thirty -day period, the application shall be considered approved without further certification by the director. [Fof SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to plan approval for major agricultural tourism and in conformance with section 25-4-15(d). (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) [Ae��4] Major agricultural tourism operations shall comply with the following regulations: (1,) Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually; [(1-)](2) [ ] Major agricultural tourism operations must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non- agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales; [(2)](3) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past [6.00 ~ da4 ,] 6:15 p.m. daily, and shall comply with chapter 14 article 3 of this Code and chapter 342F of the Hawaii Revised Statutes relating to noise; 5 I MW SECTION 6. Chapter 25, article 4, division 1, section 25-4-15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, subject to plan approval for major agricultural tourism and in conformance with section 25-4-15(d). (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) [Ae��4] Major agricultural tourism operations shall comply with the following regulations: (1,) Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually; [(1-)](2) [ ] Major agricultural tourism operations must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non- agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales; [(2)](3) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past [6.00 ~ da4 ,] 6:15 p.m. daily, and shall comply with chapter 14 article 3 of this Code and chapter 342F of the Hawaii Revised Statutes relating to noise; 5 [(-)l [The agrieultufal totifism epefa4ien shall have a fnwjjmtjm of thifty thousand visitefs annually*l (4) All visitor and employee parking, loading/unloading, and vehicular turn -around areas shall be located [ear] on-site; (5) Buses transporting fifteen or more passengers shall be allowed provided access to the major agricultural tourism site is available from a State or County road or upon approval of the planning director; [(-7)](6) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. Incidental sales of non- agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and Co IMMINT ME (5) Buses transporting fifteen or more passengers shall be allowed provided access to the major agricultural tourism site is available from a State or County road or upon approval of the planning director; [(-7)](6) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. Incidental sales of non- agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and Co (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; [(8)](7) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; [and] [(9))](8,) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval[.]; and Any major agricultural tourism activity in the A FA IA RA or APD districts existing prior to the effective date of this ordinance that conform to the standards contained in this subsection and that has not received plan approval may continue subject to providing proof of compliance with this chapter. Le� Minor agricultural tourism operations shall comply with the following regulations: LD Minor agricultural tourism operations shall have a maximum of five thousand two hundred visitors annually, but not to exceed one hundred visitors per week that access the activity via passenger vehicles that carry no more than fifteen passengers per vehicle; (22,) Any person who desires to conduct minor agricultural tourism shall register with the department. Registration shall include the following_ (AA,) Location of the agricultural tourism operation including both the physical address and tax may key(s); (B,) Description of the agricultural activity practiced at the provided location; (C) Description of the type of agricultural tourism that will be conducted including anticipated visitor counts vehicles that may be utilized and items that may be offered for sale; Contact information, including telephone (day and night), mailing address and email (if applicable); and (E,) A form signed by the person or persons that will operate the minor agricultural tourism operation acknowledging that he or she has received and read all rules and regulations pertaining to the lawful operation of minor agricultural tourism; 7 Each location shall require separate registrations and a processing fee of $100 per location; (4) The director may request additional information pertinent to the registration of minor agricultural tourism operations providing the requested information is relevant to the provisions of this chapter, and further providing that the information sought is not protected intellectual property or would divulge the particular customary gricultural or business practices of the person registering his or her minor agricultural tourism operation; and (5) Minor agricultural tourism shall not be allowed in the following areas: (1) Waipi`o Valley. [W] f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, 2010, and, if an application for a special permit or a use permit has been received and accepted by May 20, 2010, may continue such use until final action has been taken on the application. After May 20, 2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. [(h&g) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4- 15(d). [(i)](h) [An] Any agricultural tourism activity that [obtains plan aprr , t] becomes non- compliant with the standards of section 25-4-15(d) because of an increase in the number of E:3 - NO M" U [W] f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, 2010, and, if an application for a special permit or a use permit has been received and accepted by May 20, 2010, may continue such use until final action has been taken on the application. After May 20, 2010, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. [(h&g) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4- 15(d). [(i)](h) [An] Any agricultural tourism activity that [obtains plan aprr , t] becomes non- compliant with the standards of section 25-4-15(d) because of an increase in the number of E:3 visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. [(] [An] Any agricultural tourism activitywh,^ [••-- �hhas ie^ei ..,u rla=Rppr-ova'] shall submit financial records to the director on request to verify compliance and shall maintain a count of visitors which shall be furnished to the director on request. [(k)]W The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4-15(d)[(-3-)], and may require [ ] application for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit." SECTION 7. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 8. If any provision of this ordinance, or the application thereof to any person or circumstance, is 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 ordinance are declared to be severable. SECTION 9. This ordinance shall take effect upon its approval. E