2337ORDINANCE NO. 2337
COUNCIL MEMBER WOLFF NTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR ZONING ORDINANCE SECTIONS
701, 702, 703, 704, 705, 801, 804, 805, 902 REMOVING THE DISTANCE REQUIREMENT
BETWEEN STRUCTURES IN RRE, RL, RM, RML, RMH, A/CH, CL, OPD AND A/MH
DISTRICTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE AND EFFECT; AND
PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1 Section 701.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RL - 701.08 MINIMUM YARD REQUIREMENTS:
(4) Driveways shall have a maximum grade of ten (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
(5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an accessory
building may be located in the side yard as close as five (5) feet to the property line
and/or ten (10) feet from any other building, whichever is greater, providing it is
located between the rear building line of the principle building and the rear property
line and no building shall be located within any easement or right-of-way.
(B) Front Yard — Accessory buildings may be located between the front building line of
the principle building and the front property line, provided said accessory buildings
meet front yard setback requirements only upon the approval of a conditional use
permit. The conditional use permit may include but not limited to requirements for
additional set back, landscaping, screening, etc.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line and/or within ten (10) feet of any other
building, whichever is greater, and no accessory building shall be located within any
easement or right-of-way along the rear property line. If the accessory building
requires vehicular access perpendicular to an alley, a minimum fifteen (15) feet
access driveway is required between said accessory building and the alley.
SECTION 2 Section 702.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RL - 702.08 MINIMUM YARD REQUIREMENTS:
(4) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard
a. An accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building and the
rear property line.
b. No building shall be located within any easement or right-of-way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be set
back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from the
property line if no sidewalk exists, on a straight driveway approach, or fifteen (15) feet
from the property line where the garage opening is perpendicular to the property line
requiring a curved driveway approach.
(B) Front Yard — Lots of less than forty-five thousand (45,000) square feet shall have no
accessory buildings located between the front building line of the principle building
and the front property line. Lots of forty-five thousand (45,000) square feet or greater
may have accessory buildings located between the front building line of the principle
building and the front property line only upon the approval of a conditional use
permit, provided said accessory buildings meet front yard setback requirements. The
conditional use permit may include but not be limited to requirements for additional
set back, landscaping, screening, etc. The conditional use shall last through the legal
existence of the primary use.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet of any
other building, whichever is greater, and no accessory building shall be located within
any easement or right-of-way along the rear property line. If the accessory building
requires vehicular access perpendicular to an alley, a minimum fifteen (15) feet
access driveway is required between said accessory building and the alley.
SECTION 3 Section 703.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RM - 703.08 MINIMUM YARD REQUIREMENTS:
(4) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard —
a. An accessory building may be located in the side yard as close as five (5) feet to
the property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building and
the rear property line.
b. No building shall be located within any easement or right-of-way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be set
back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from
the property line if no sidewalk exists, on a straight driveway approach, or fifteen
(15) feet from the property line where the garage opening is perpendicular to the
property line requiring a curved driveway approach.
(B) Front Yard - No accessory building shall be located between the
front building line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet of
any other building, whichever is greater, and no accessory building shall be
located within any easement or right-of-way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a minimum
fifteen (15) feet access driveway is required between said accessory building and
the alley.
SECTION 4 Section 704.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RML - 704.08 MINIMUM YARD REQUIREMENTS:
(4) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard -
a. An accessory building may be located in the side yard as close as five (5) feet to
the property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building and
the rear property line.
b. No building shall be located within any easement or right-of-way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be set
back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from
the property line if no sidewalk exists, on a straight driveway approach, or fifteen
(15) feet from the property line where the garage opening is perpendicular to the
property line requiring a curved driveway approach.
(B) Front Yard - No accessory building shall be located between the front
building line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet of any
other building, whichever is greater, and no accessory building shall be located within
any easement or right-of-way along the rear property line. If the accessory building
requires vehicular access perpendicular to an alley, a minimum fifteen (15) feet
access driveway is required between said accessory building and the alley.
SECTION 5 Section 705.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
705.08 MINIMUM YARD REQUIREMENTS:
(4) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard —
a. An accessory building may be located in the side yard as close as five (5) feet to
the property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building and
the rear property line.
b. No building shall be located within any easement or right-of-way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be set
back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from
the property line if no sidewalk exists, on a straight driveway approach, or fifteen
(15) feet from the property line where the garage opening is perpendicular to the
property line requiring a curved driveway approach.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line and/or within ten (10) feet of any other
building, whichever is greater, and no accessory building shall be located within any
easement or right-of-way along the rear property line. If the accessory building requires
vehicular access perpendicular to an alley, a minimum fifteen (15) feet access driveway
is required between said accessory building and the alley.
SECTION 6 Section 801.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
801.08 MINIMUM YARD REQUIREMENTS:
(4) Additional set back requirements for multi -family dwellings: In addition to all other minimum
rear, side, and front yard requirements herein, there shall be a minimum set back requirement of
one hundred twenty (120) feet from the property line bordering on any street or highway for any
multi -family dwelling unit which has been allowed pursuant to Section 801.04 herein.
(5) An additional set back requirement to all other minimum rear, side, and front yard requirements
for antennas and transmitting structures shall be a minimum set back requirement equal to the
height of said antenna or transmitting structure. Additionally no antenna or transmitting structure
shall be located within a distance equal to the height of the tower of any utility transmission lines
serving the premises other than lines exclusively serving the premises upon which the tower is
located.
(6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an accessory
building may be located in the side yard as close as five (5) feet to the property line
and/or ten (10) feet from any other building, whichever is greater, providing it is located
between the rear building line of the principle building and the rear property line and
no building shall be located within any easement or right-of-way. If the accessory
building abuts any "R" Residential District(s), the side yard requirement increases to
ten (10) feet.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line and/or within ten (10) feet of any other
building, whichever is greater, and no accessory building shall be located within any
easement or right-of-way along the rear property line. If the accessory building abuts
any "R" Residential District(s), the rear yard requirement increases to ten (10) feet.
SECTION 7 Section 804.07 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
804.07 MINIMUM YARD REQUIREMENTS:
(4) Yard requirements for accessory buildings:
(A) Side yard - Same as district in which accessory use in located except an accessory
building may be located in the side yard as close as five (5) feet to the property line
and/or ten (10) feet from any other building, whichever is greater, providing it is located
between the rear building line of the principle building and the rear property line and
no building shall be located within any easement or right-of-way.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line and/or within (10) feet of any other
building, whichever is greater, and no accessory building shall be located within any
easement or right-of-way along the rear property line.
SECTION 8 Section 805.07 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
805.07 MINIMUM YARD REQUIREMENTS:
(4) Yard requirements for accessory buildings:
(A) Side yard - Same as district in which accessory use is located. No accessory
building shall be located within any easement or right-of-way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Same as district in which accessory use is located. No accessory
building shall be located within any easement or right-of-way.
SECTION 9 Section 902.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
902.08 MINIMUM YARD REQUIREMENTS:
(4) An additional set back requirement to all other minimum rear, side, and front yard
requirements for antennas and transmitting structures shall be minimum set back requirement
equal to the height of said antenna or transmitting structure. Additionally no antenna or
transmitting structure shall be located within a distance equal to the height of the tower of
any utility transmission lines serving the premises other than lines exclusively serving the
premises upon which the tower is located.
(5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the side property line except when property abuts any Residential
District(s) an accessory building shall be a minimum of twenty-five (25) feet from the
side property line, and/or ten (10) feet from any other building, whichever is greater
and no accessory building shall be located within any easement or right-of-way long
the rear property line.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty-
five (25) feet from the rear property line, and/or ten (10) feet from any other building,
whichever is greater and no accessory building shall be located within any easement
or right-of-way along the rear property line.
SECTION 10 All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 11 This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED THIS 13TH DAY OF JUNE, 2017.
CITY OF BLAIR, NEBRASKA
BY7�� �- OVN-,,
J S E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and forgoing Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 13th day of
June, 2017. 4��� Z cJ kJ,,
BRENDA R. WHEELER, CITY CLEkk