2479ORDINANCE NO. 2479
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR ZONING ORDINANCE AS
FOLLOWS: 1) ARTICLE 3, SECTION 303.01 TEXT OF DEFINITIONS; 2) ARTICLE 7,
SECTION 701.08 MINIMUM YARD REQUIREMENTS, 702.08 MINIMUM YARD
REQUIREMENTS, 703.08 MINIMUM YARD REQUIREMENTS, 704.08 MINIMUM YARD
REQUIREMENTS, AND 705.08 MINIMUM YARD REQUIREMENTS; AND 3) SECTION
1103 ACCESSORY BUILDINGS AND USES BY ADDING AND CHANGING LANGUAGE
REGARDING ACESSORY STRUCTURES AND THEIR SETBACKS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FORCE AND EFFECT AND PROVIDING FOR THIS ORDINANCE TO BE
PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1 Section 303.01 Text of Definitions of the Blair Zoning Regulations of Blair,
Nebraska is hereby amended as follows, to wit:
(2) ACCESSORY USE OR BUILDING/STRUTURE: A subordinate building/structure, or use,
which is incidental to that of the main or principal building or use of a Single Family, Single
Family Attached or Two -Family Dwelling. Customary accessory uses and buildings include but
are not limited to: Carports, temporary carports, detached garages, garden houses- sheds,
greenhouses, gazebos (not including temporary less than 64 square feet), residential storage sheds
and tent or canopy shelters (not including temporary shelters less than 64 square feet). Any
accessory structure less than 64 square feet still must meet the district's setbacks and rules. Tents
for weddings, graduations and similar uses may be placed anywhere on private property, but for
no more than three (3) days. The accessory use or building must be on the same lot as the principal
building. Garages or other accessory uses attached to the principal structure, sharing a common
wall or common roofline, shall be considered a part thereof and meeting the requirements of the
principal structure.
(2.1) ADDITION: Shall mean an expansion of the primary structure that shares a minimum of
40 percent of a common wall or common roofline. The design and construction of the addition
shall be similar in style and color to the primary structure.
(19) BREEZEWAY shall mean a roofed passageway, open on at least two (2) sides, where the
roof is structurally integrated with the structure of the main building. The use of a breezeway to
attach a garage or accessory structure does not create an extension of the primary structure.
(19.1) BREEZEWAY, ENCLOSED shall mean a roofed passageway, enclosed on all sides and
has conditioned space.
(27) CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed
sides used for the shelter and storage of a motor vehicle or recreation vehicle or major recreation
equipment. Carports are limited to the rear yard, Carports shall be anchored to the ground, per
manufacturer's instructions.
(27.1) CARPORT, ATTACHED shall mean a permanent roofed structure attached to the primary
or to an accessory structure with not more than two (2) enclosed sides used for the shelter and
storage of a motor vehicle or recreation vehicle or major recreation equipment.. Attached carports
shall meet the design the design and construction of the accessory building are similar in style
and color to the primary structure.
(29) CHANNEL shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainageway.
(43.1) CONEX BOX OR STEEL SHIPPING CONTAINER: A container, usually steel, designed
for shipping or storage. These styles of containers shall be regulated to non-residential districts
only. See also: Portable Storage Units and Moving Containers.
(51.5) DRIVEWAY: That portion of property running from the public street, highway, or road
from the curb drop or cut to any parking area, garage, carport, facility or other structure capable of
storing vehicles. The portions of the driveway that shall be paved are the portion in the public
right-of-way (the approach) as well as the portion which has positive drainage to the public right-
of-way. If the driveway is connecting to an unimproved public street, road, or highway, or if the
property is located outside of the city limits of Blair, the property owner may request a waiver of
the driveway paving by filing a Driveway Waiver Application and signing a recordable Driveway
Waiver Agreement which will state that if the public street, road, or highway is surfaced with
asphalt or concrete and the property is then located in the city limits of Blair or is annexed by the
City of Blair, the applicant and his/her heirs and assigns agree to pave the driveway within 90 days
of being notified to do so. In all situations, if the public street, road, or highway is hard surfaced,
the portion of the driveway in the public right-of-way (the approach) must be paved_ with not less
than six (6) inches of asphalt or concrete. The driveway shall be paved with not less than four (4)
4 inches of asphalt or concrete. Required driveway paving will not substitute for required off-street
parking, unless it abuts and is contiguous to the structure. Driveways shall have a maximum grade
of twenty (20) 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 flare for rolled curbs shall be three (3) feet wider
than the driveway pavement on each side.
(71) GARAGE, PRIVATE shall mean a detached accessory building, or a portion of a main
building on the same lot as a dwelling, for the housing of vehicles for the occupants of the dwelling,
including attached carports. Garages or other accessory uses attached to the principal structure
shall be considered a part thereof and meet the requirements of the principal structure, but an
attached garage must share a common wall or common roofline.
(72.1) GAZEBO, temporary, shall mean a free standing, roofed structure, open on the sides and
temporary in nature. Normally used over a patio area.
(72.2) GAZEBO, permanent, shall mean a roofed structure that may or may not have walls and is
designed for permanent use.
(94) LOT, CORNER: Indicated as A -D on Exhibit "A", a corner lot is defined as a lot located at
the intersection of two (2) or more streets. A corner lot has two fronts or a second front. A lot
abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from
the foremost points of the side lot lines the foremost point of the lot meet at an interior angle of
less than thirty-five (35) degrees. This creates a third front or reverse front yard. See lots marked
A in the diagram.
(97) LOT, THROUGH: Indicated as C on Exhibit "A", a through lot is defined as a lot other than
a corner lot with frontage on more than one street. Through lots abutting two (2) streets may also
be referred to as a double frontage lot and creates a second front.
(98) LOT, CORNER REVERSE: Indicated as A on Exhibit "A", a reversed frontage -corner
reverse lot is defined as a lot on which the frontage is at right angles, of approximately right angles;
or interior angles less than one hundred thirty-five (13 5) degrees; to the general pattern in the area.
Corner reverse lots have a second front lot and a third front (reverse front yard) as they abut three
streets.
(115.01) PORTABLE STORAGE UNITS AND MOVING CONTAINERS: Designed for
temporary storage and/or moving of household goods. The container may be placed on private
property for no more than 14 consecutive days. Placement on the City of Blair's right-of-way
requires permission from the city.
(127.1) SHIPPING CONTAINER: May also be known as Connex container. A larger metal box
for shipping goods. Not allowed in residential districts as accessory structures.
(155.1) TENT STRUCTURE OR CANOPY TENT shall mean any fabric -covered structure meant
for temporary or permanent storage and are considered accessory structures.
(160) YARD, FRONT: A yard extending from the front lot line adjoining a public street to the
front of the building between side lot lines.
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(97) LOT, THROUGH: Indicated as C on Exhibit "A", a through lot is defined as a lot other than
a corner lot with frontage on more than one street. Through lots abutting two (2) streets may also
be referred to as a double frontage lot and creates a second front.
(98) LOT, CORNER REVERSE: Indicated as A on Exhibit "A", a reversed frontage -corner
reverse lot is defined as a lot on which the frontage is at right angles, of approximately right angles;
or interior angles less than one hundred thirty-five (13 5) degrees; to the general pattern in the area.
Corner reverse lots have a second front lot and a third front (reverse front yard) as they abut three
streets.
(115.01) PORTABLE STORAGE UNITS AND MOVING CONTAINERS: Designed for
temporary storage and/or moving of household goods. The container may be placed on private
property for no more than 14 consecutive days. Placement on the City of Blair's right-of-way
requires permission from the city.
(127.1) SHIPPING CONTAINER: May also be known as Connex container. A larger metal box
for shipping goods. Not allowed in residential districts as accessory structures.
(155.1) TENT STRUCTURE OR CANOPY TENT shall mean any fabric -covered structure meant
for temporary or permanent storage and are considered accessory structures.
(160) YARD, FRONT: A yard extending from the front lot line adjoining a public street to the
front of the building between side lot lines.
In the case of corner or side frontage lots, a front yard of the required depth shall be provided on
either frontage, or a second front yard of half the depth required generally for front yards in the
district shall be provided on the other frontage unless otherwise provided in the district regulations.
In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine
the front yard requirements, subject to the following limitations:
1. In the case of corner lots with more than two frontages existing and platted before to July 1,
1994:
A. At least one front yard shall be provided having the full depth required generally in the
district.
B. No other front yard on such lot shall have less than one-half the full depth required
generally.
2. In the case of all such corner lots platted or re -platted after to July 1, 1994, both of the front
yards shall have the full depth required generally in the district. Depth of required front yards
shall be measured at right angles to a straight line joining the foremost points of the side lot lines.
The foremost point of the side lot line, in the case of rounded property corners at street
intersections, shall be assumed to be the point at which the side and front lot lines would have
met without such rounding. The front lot line and the inner edge of the front yard shall be parallel.
(161) YARD, REAR: A yard extending from the rear lot line to the rear of the building between
inner side yard line. Depth of a required rear yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its inner edge
parallel with the rear lot line. In the case of through lots and corner lots, there will be no rear yards,
but only front and side yards.
(161.1) YARD, REVERSED FRONT or THROUGH LOT: The yard adjoining a public street
opposite the front yard on a through lot. In the case of a corner lot, this would be the third front or
third -frontage yard. The setbacks are the same as the front -yard setbacks. There is no rear yard.
(161.2) YARD, SECOND FRONT: The area extending from the front corner of the house to the
rear lot line on the side of the lot immediately adjacent to the City Street.
SECTION 2 Section 701.08 Minimum Yard Requirements of the Blair Zoning
Regulations of Blair, Nebraska is hereby amended as follows, to wit:
701.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one -hundred (100)
feet from the center line of Federal Aid -Primary or Federal Aid -Secondary designated street or
highway or fifty (50) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than thirty-five (35) feet from the
property line. These yard requirements shall apply to any yard abutting a public street or highway
regardless of the lot being an interior or corner lot.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be ten (10) feet.
(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.
(4) 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,
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) Unattached garages may be located in the side yard adjacent to the primary structure,
providing the design and construction of the garage are similar in style and color to
the primary structure. The side -yard setback shall be seven (7) feet and the distance
between the garage and the primary structure must be four (4) feet or more,
with proper fire-resistant construction.
(C) 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.
(D) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line 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 702.08 Minimum Yard Requirements of the Blair Zoning Regulations
of Blair, Nebraska is hereby amended as follows, to wit:
702.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred
(100) feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street
or highway or thirty-five (3 5) feet from the property line, whichever is greater. On all other streets
or highways there shall be a minimum front yard of not less than a depth of twenty-five (25) feet.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be nine (9) feet.
a. On the street side of a corner lot, side yards shall not be less than twenty-five (25) feet.
For lots platted prior to July 1, 1994, side yards shall not be less than twelve and one-
half (12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
c. Attached garages or attached carports fronting on the side yard of a corner lot platted
prior to July 1, 1994, 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.
d. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single
family dwellings or town houses.
(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 providing it is located between the rear building line of the principle
building and the rear property line.
b. Garages may be located in the side yard adjacent to the primary structure, provided
the design and construction of the garage shall be similar in style and color to the
primary structure. The side ,yard setback shall be nine (9) feet.
c. No building shall be located within any easement or right-of-way
d. Accessory buildings or attached 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 primacy use.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property 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 703.08 Minimum Yard Requirements of the Blair Zoning Regulations
of Blair, Nebraska is hereby amended as follows, to wit:
703.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty-five (35) feet from the property line, whichever is greater. On all other streets
or highways there shall be a minimum front yard of not less than a depth of twenty-five (25) feet
from the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty -.five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than twenty-five (25) feet.
For lots platted prior to July 1, 1994, side yards shall not be less than twelve and one-
half (12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
c. Attached garages or attached carports fronting on the side yard of a corner lot platted
prior to July 1, 1994, 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.
d. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single
family dwellings or town houses.
(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 providing it is located between the rear building line of the principle
building and the rear property line.
b. Unattached garages may be located in the side yard adjacent to the primary
structure, providing the design and construction of the garage are similar in style and
color to the primary structure. The side -yard setback shall be seven (7) feet and the
distance between the garage and the primary structure must be four (4) feet or more,
with proper fire-resistant construction.
c. No building shall be located within any easement or right-of-way
d. Accessory buildings or attached 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, 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 704.08 Minimum Yard Requirements of the Blair Zoning Regulations
of Blair, Nebraska is hereby amended as follows, to wit:
704.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty-five (35) feet from the property line, whichever is greater. On all other streets
or highways there shall be a minimum front yard of not less than a depth of twenty (20) feet from
the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure is other than a single-family dwelling and the site abuts a
residential district without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yard of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit shall be not less than ten
(10) feet.
c. The minimum side yard shall be nine (9) feet for any site adjacent to a RL Residential
Low -Density District.
d. Attached garages or attached 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.
e. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single family
dwellings or town houses.
(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, providing it is located between the rear building line of the principle
building and the rear property line.
b. Unattached garages may be located in the side yard adjacent to the primacy
structure, providing the design and construction of the garage are similar in style and
color to the primary structure. The side -yard setback shall be seven (7) feet and the
distance between the garage and the primary structure must be four (4) feet or more,
with proper fire-resistant construction.
c. No building shall be located within any easement or right-of-way
d. 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; 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 705.08 Minimum Yard Requirements of the Blair Zoning Regulations
of Blair, Nebraska is hereby amended as follows, to wit:
705.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty-five (35) feet from the property line, whichever is greater. On all other streets
or highways there shall be a minimum front yard of not less than a depth of fifteen (15) feet from
the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure is other than a single-family dwelling and the site abuts a
residential district without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yards of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit shall be not less than ten
(10) feet.
c. The minimum side yard shall be nine (9) feet for any site adjacent to a RL Residential
Low -Density District.
d. Attached garages or attached caiports 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.
e. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single
family dwellings or town houses.
(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 providing it is located between the rear building line of the principle
building and the rear property line.
b. Unattached garages may be located in the side yard adjacent to the primary
structure, providing the design and construction of the garage are similar in style and
color to the primary structure. The side -yard setback shall be seven (7) feet and the
distance between the garage and the primary structure must be four (4) feet or more,
with proper fire-resistant construction.
c. No building shall be located within any easement or right-of-way
d. 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 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 7 Section 1103 Accessory Buildings and Uses of the Blair Zoning Regulations
of Blair, Nebraska is hereby amended as follows, to wit:
SECTION 1103 ACCESSORY BUILDINGS AND USES
1103.01 USE FOR DWELLING: Accessory buildings shall not be used for dwelling purposes
unless specifically permitted.
1103.02 SIZE LIMITATIONS
Accessory buildings are intended to remain secondary in nature to the primary building or structure
on the land or tract of land in which they are located. Accessory buildings in all Residential
Districts (does not include AGG) shall meet the following additional requirements:
The maximum number of accessory buildings shall be limited to two (2) structures. For
lots of at least 10 acres, grandfathered accessory buildings which existed prior to 2001
may be replaced with a similar -sized accessory building, or several grandfathered
accessory buildings may be removed and replaced with a single accessory building of
similar total size.
2. No accessory building shall be located between the fiont building line of the principle
building and the front property line, except:
A) In RRE Districts 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. All accessory buildings must meet front yard setback
requirements.
B) In RL Districts on lots of forty-five thousand (45,000) square feet or greater 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.
All accessory buildings must meet front yard setback requirements.
3. A) For lots that are 10,000 square feet or smaller, the maximum combined total square
footage of all accessory buildings shall not exceed the greater of.
1) Fifty (50) percent of the total square footage of the primary building's ground
coverage area (area calculated at the exterior of the building at ground level).
2) Eight hundred and sixty-four (864) square feet.
B) For lots larger than 10,000 square feet but less than two (2) acres, the maximum
combined total square footage of all accessory buildings shall not exceed the
greater of:
1) Fifty (50) percent of the total square footage of the primary building's ground
coverage area (area calculated at the exterior of the building at ground level)
2) Eight hundred and sixty-four (864) square feet plus one (1) percent of the lot
size above 10,000 square feet, not to exceed twelve hundred (1,200) square
feet.
Q For lots of at least two (2) acres but less than five (5) acres, the maximum
combined total square footage of all accessory buildings shall not exceed twenty-
four hundred (2,400) square feet.
D) For lots of at least five (5) acres, the maximum combined total square footage of
all accessory buildings shall not exceed thirty-two hundred (3,200) square feet.
1) In RRE District on lots of at least five (5) acres, the maximum combined
total square footage of all accessory buildings shall not exceed six thousand
(6,000) square feet.
4. The combined total square footage area of the primary and accessory buildings shall
not exceed the maximum allowable Lot Coverage Area as allowed by the zoning
classification in which the buildings are located.
5. The maximum allowable height of an accessory building, at its highest point, shall be
either the height of the primary structure or the maximum height allowed in the base
zoning district, whichever is less. For purposes of this provision, height shall mean
vertical distance measured from the average elevation of the finished grade of the
building to the highest point of the building.
6. No accessory structure shall be constructed without a primary building or structure. No
accessory building shall remain if the primary structure is removed or demolished,
except with the approval of a conditional use permit upon lots where construction of a
primary building or structure is prohibited. The conditional use permit may include but
not be limited to requirements for additional setback, landscaping, screening, etc. All
accessory buildings must meet front yard setback requirements.
1103.03 VEHICLE ACCESS: Unless otherwise specifically permitted, any accessory building
requiring vehicle access from an alley way shall be located a minimum of fifteen (15) feet from
the rear property line.
1103.04 ATTACHED ACCESSORY USE: Any accessory attached to the principle building shall
be considered as a part of the principle building and shall meet the same requirements as specified
for the principle building in said district. The attachment shall share a minimum of 40 percent of
a common wall or common roofline. The design and construction of the addition shall be similar
in style and color to the primary structure.
1103.05 FIRE HAZARDOUS ACCESSORY USES: No accessory use shall be located within
ten (10) feet of a residential dwelling that creates a fire hazard or would subject the residential
structure to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid
storage, etc.
1103.06 CARPORTS: Carports are considered structures. Carports can only be used for the
shelter and storage of a motor vehicle or recreation vehicle or major recreation equipment. Carports
are limited to the rear yard, Carports shall be anchored to the ground, per manufacturer's
instructions.
SECTION 8 All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 9 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 12th day of APRIL 2022.
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ATTEST:
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
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BRENDA WHEELER, CITY CLIRK
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BRENDA 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 12 day of
April ` ; 2022.
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BRENDA WHEELER, CITY LLERK
ARTICLE 3. CONSTRUCTION AND DEFINITIONS
SECTION 301 CONSTRUCTION
The following rules of construction shall apply unless inconsistent with the plain meaning of
the context of this Ordinance.
301.01 TENSE: Words used in the present tense include the future tense.
301.02 NUMBER: Words used in the singular include the plural, and words used in the plural
include the singular.
301.03 SHALL AND MAY: The word "shall" is mandatory; the word "may" is permissive.
301.04 GENDER: The masculine shall include the feminine and the neuter.
301.05 HEADINGS: In the event that there is any conflict or inconsistency between the heading
of an article, section or paragraph of this Ordinance and the context thereof, the said heading shall
not be deemed to affect the scope, meaning or intent of such context.
SECTION 302 GENERAL TERMINOLOGY
The word "city" shall mean the City of Blair, Nebraska. The word "city council" shall mean
the City Council of Blair, Nebraska. The words "planning commission" shall mean the Planning
Commission duly appointed by the municipality. The words "board of zoning adjustment" and
"board" shall mean the Board of Zoning Adjustment duly constituted in accordance with these
regulations.
SECTION 303 DEFINITIONS
303.01 TEXT OF DEFINITIONS: Words or terms not herein defined shall have their ordinance
meaning in relation to the context. For the purposes of this Ordinance certain words and terms used
herein are defined as follows:
(1) ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and
vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by
this regulation.
(2) ACCESSORY USE OR BUILDING: A subordinate building or use which is incidental to that
of the main or principal building or use of a Single Family, Single Family Attached or Two Family
Dwelling. Customary accessory uses and buildings include but are not limited to detached garages,
garden houses, and residential storage sheds. Garages or other accessory uses attached to the
principal structure shall be considered a part thereof and meeting the requirements of the principal
structure. The accessory use or building must be on the same lot as the principal building.
City of Blair Zoning Regulations Article 3, page 1
(3) AGRICULTURE shall mean the use of land for agricultural purposes including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal poultiy husbandry.
(4) AIRPORT (AIRFIELD): Any area which is used or is intended to be used for the taking off and
landing of aircraft including helicopters, and any appurtenant areas which are used or are intended to
be used for airport building or facilities, including open spaces, taxiways and tie down areas.
(5) ALLEY shall mean a minor public service street or public thoroughfare 20' or less in width,
through a block of lots primarily for vehicular service access to the rear or side of properties
otherwise abutting on another street.
(6) ALTERATION: Alteration, as applied to a building or structure, is a change or rearrangement
in the structural parts of an existing building or structure, specifically, but not limited to,
enlargement, whether by extending a side, increasing in height, or the moving from one location or
position to another, shall be considered as an alteration.
(7) ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment.
(8) ANIMAL UNIT: One animal unit shall equal one (1) head of slaughter or feeder cattle or exotic
animals such as a llama, ostrich, emu or the like, seven -tenths (0.7) head of mature dairy cattle
(whether milked or dry cows), two and five -tenths (2.5) hogs each weighing over 55 pounds, one (1)
head of horses and/or donkeys, ten (10) sheep or lambs, fifty-five (55) turkeys, one hundred (100)
laying hens or broilers if the facility has continuous overflow watering, thirty (30) laying hens or
broilers if the facility has a liquid manure system, and/or five (5) domesticated ducks and or geese.
(Rounded up to the next whole number.)
(9) APARTMENT: (See Dwelling, Multiple).
(10) AUTOMOBILE SERVICE STATION: Buildings and premises where gasoline, oil, grease,
batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in
addition, the following services may be rendered and sales made, and no other:
a. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
b. Tire servicing and repair, but not recapping or regrooving;
c. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs,
fiises, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel
bearings, mirrors and the like;
d. Radiator cleaning and flushing;
e. Washing and polishing, and sale of automotive washing and polishing materials;
City of Blair Zoning Regulations Article 3, page 2
f. Greasing and lubrication;
g. Providing and repairing fuel pumps, oil pumps, and lines;
h. Minor servicing and repair of carburetors;
i. Wiring repairs;
j. Adjusting and repairing brakes;
k. Minor motor adjustments not involving removal of the head or crankcase.
1. Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for
automobile service station customers.
m. Provision of road maps and other information material to customers; provision of
restroom facilities.
Uses permissible at an automobile service station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating condition, or
other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than
normally found in automobile service stations. An automobile service station is not a repair garage
nor a body shop.
(11) AUTOMOBILE WRECKING YARD: Any lot, or the use of any portion of a lot, for the
dismantling, storage, or wrecking of automobiles, tractors, farm machinery, or other motor vehicles,
or for the storage or keeping for sale of parts and equipment resulting from such dismantling or
wrecking.
(12) BASEMENT: A space wholly or partially underground, and having more than one-half (�/2)
of its height, measured from its floor to its ceiling, below the mean finished grade measured at a
point five (5) feet from the foundation.
(13) BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by
waterways, right-of-ways, unplatted land, City -County boundaries, or adjoining property lines.
(14) BLOCK FRONTAGE shall mean all property fronting on one (1) side of a street between a
street and right-of-way, waterway or between intersecting or intercepting streets, the end of a
dead-end street, or city or county boundary measured along a street line.
(15) BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unit
and provisions for not more than five (5) guests, where lodging is provided with or without meals for
compensation.
(16) BODY SHOP: (See Garage, Repair).
City of Blair Zoning Regulations Article 3, page 3
(17) BORROW AREA shall mean any place or premises with dirt, soil, sand, gravel, or other
material is removed changing the existing topography of the particular property.
(18) BORROW PIT shall mean any place or premises where dirt, soil, sand, gravel, or other
material is removed by excavation or otherwise below the grade of surrounding land for any purpose
other than that necessary and incidental to grading or to building construction or operation on the
premises.
(19) BREEZEWAY shall mean a roofed passageway, open on at least two (2) sides, where the roof
is structurally integrated with the structure of the main building.
(20) BUILDABLE AREA: The portion of a lot remaining after required yards, open spaces and set
backs have been provided.
(2 1) BUILDING shall mean any structure built and maintained for the support, shelter or enclosure
of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as
defined in "structure, temporary". Trailers with or without wheels, shall not be considered as
buildings. A building shall also include covered porches and patios attached hereto.
(22) BUILDING, AREA OF shall mean the sum in square feet of the ground areas occupied by all
buildings and structure on a lot.
(23) BUILDING, HEIGHT OF shall mean the vertical distance measured from the average
elevation of the finished grade at the front of the building to the highest point of the structure,
exclusive of chimneys and ventilators. The finished front grade used for measuring the average
elevation shall be at a point five (5) feet from the foundation of the building.
(24) BUILDING SETBACK LINE shall mean the minimum distances prescribed by these
regulations between any property line and the foundation of any building or structure except that in
the instance of cantilever wall construction, the measurement shall be from the property line and the
face of the cantilever wall. For the purposes of minimum set back requirements, the following shall
not be considered a structure for the purpose of measurement of setback requirements and the same
shall be exempt from such setback requirements:
a. An uncovered structure not more than thirty (3 0) square feet in area with the base or floor
of the uncovered structure thirty (30) inches above the adjacent grade;
b. An uncovered stair or landing not extending more than forty-eight (48) inches from a
building; or,
c. A ramp or other improvement required under the Americans with Disability Act (ADA).
(25) CAMP, PUBLIC shall mean any area or tract of land used or designed to accommodate two (2)
or more camping patties including tents or other camping outfits but not including trailer parks.
Such camp may be publicly or privately owned and operated.
City of Blair Zoning Regulations Article 3, page 4
(26) CAMPING UNIT: Any vehicle, tent, trailer, or other movable shelter used for camping
purposes.
(27) CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides
used or intended to be used for automobile shelter and storage.
(28) CEMETERY shall mean land used or intended to be used for the burial of the human dead and
dedicated for such purposes, including columbariums, crematoriums, and mausoleums.
(29) CHANNEL shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainway.
(30) CLINIC: (See Medical, Dental or Health Clinic).
(3 1) CLUB shall mean an association of persons (whether or not incorporated), religious or
otherwise, for a common purpose, but not including groups which are organized primarily to render
a service carried on as a business for profit.
(32) COLLECTOR STREET: (See Street Network, Collector).
(33) COLLEGE shall mean an educational institution offering advanced instruction in any academic
field, beyond the secondary level, not including trade schools or business colleges.
(34) COMMERCIAL CENTERS shall mean business offices which may have a limited area for
display of merchandise or equipment sold or serviced by the business and a limited area for
inventory storage. Not more than 200 square feet shall be utilized for either display or inventory
storage purposes. In addition, no service vehicles other than normal passenger vehicles without
commercial business markings shall be stored at the commercial center location.
(35) COMMERCIAL FEEDLOT: A commercial feedlot shall mean a lot, portion of a lot or
building enclosing or confining animal units exceeding the maximum allowed. In no case shall the
animal units exceed 25 animal units per acre.
(36) COMMON OPEN SPACE: An area of land or water or combination thereof planned for
passive or active recreation, but does not include area utilized for streets, alleys, driveways or private
roads, off-street parking or loading areas. However, the area of recreational activities such as
swimming pools, temiis courts, shuffleboard courts, etc., may be included as common open space.
(3 7) COMMON SEWER SYSTEM: A sanitary sewage system in public ownership which provides
for the collection and treatment of domestic effluent in a central sewage treatment plant which meets
the minimum requirements of the Nebraska Department of Environmental Control for primary and
secondary sewage treatment and which does not include septic tanks or portable sewage treatment
facilities.
(38) COMMON WATER SYSTEM: A water system which provides for the supply, storage and
distribution of potable water which is in public ownership.
City of Blair Zoning Regulations Article 3, page 5
(39) COMPREHENSIVE PLAN: Is the plan or series of pians for the future development of the
City recormnended by the Planning Commission and adopted by the City Council.
(40) CONDITIONAL USE PERMIT: A conditional use permit is a written permit issued by the
City Council after presentation to and recommendation by the City Planning Commission. This
conditional use permit provides permission under specific conditions to make certain uses of land in
certain zoning districts as stipulated under exceptions in each of the district zoning regulations. (See
Exceptions).
(41) CONDOMINIUM shall mean real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely by the owners of
those portions. Real estate is not a condominium unless the undivided interest in the common
elements are vested in the unit owners. Any use permissible in any commercial or manufacturing
district shall be permissible as provided in the regulations of the district regardless of condominium
ownership of any real estate within said districts.
(42) CONDOMINIUM RESIDENTIAL shall mean real estate utilized for residential purposes,
portions of which are designated for separate ownership and the remainder of which is designated for
common ownership solely by the owners of those portions. Real estate is not a condominium unless
the undivided interest in the common elements is vested in the unit owners.
(43) CONTRACTOR YARD: Buildings and premises where contractor firm stores its equipment,
vehicles, tools and inventory. In addition, a business office for the firm and repairs and maintenance
of the firm's equipment and vehicles may occur on site if conducted entirely within an enclosed
structure.
(44) COVERED BRIDGE, PRIVATE shall mean a roofed bridge located on private property, open
on both ends for vehicular access, where the roof is structurally integrated with the structure of the
bridge.
(45) COVERED BRIDGE, PUBLIC shall mean a roofed bridge located on a public road, open on
both ends for vehicular access, where the roof is structurally integrated with the structure of the
bridge.
(46) CUL-DE-SAC is a local street of relatively short length with one end open to traffic and the
other end terminating in a vehicular turn around. No cul-de-sac shall be allowed which has a vehicle
turn around less than fifty (50) feet in radius and any cul-de-sac shall also provide for not less than a
dedicated right of way of 12.5 feet surrounding the turn around.
(47) DAY CARE CENTER: A facility, other than a public or parochial school which provides care
to four or more children from more than one family, and is required to be licensed as a Day Care
Center by the State of Nebraska Department of Social Services, under the authority of Sections 71-
1908 through, Revised Statutes of Nebraska, as provided and defined under the Title 474 of the
Nebraska Administrative Code, Chapter 6, Section 002.
City of Blair Zoning Regulations Article 3, page 6
(48) DISTRICT shall be defined as meaning a zoning district established by these regulations.
(49) DORMITORY shall mean a building intended or used primarily for sleeping accommodations,
where such building is related to an educational or public institution, including religious institutions
and fraternities and sororities.
(50) DRIVE-IN MOVIE shall mean any area used for the parking of vehicles for the purpose of the
occupants viewing from the vehicle a motion picture or other entertainment.
(51) DRIVE-IN RESTAURANT shall mean any building or structure in which food or drink are
prepared for service to customers within such structure, occupying vehicles outside of such structure,
including drive in windows and self-service restaurants for take-out food.
(51.5) DRIVEWAY: That portion of property running from the public street, highway, or road from
the curb drop or cut to any parking area, garage, carport, facility or other structure capable of storing
vehicles. The portions of the driveway that shall be paved are the portion in the public right-of-way
as well as the portion which has positive drainage to the public right-of-way. If the driveway is
connecting to an unimproved public street, road, or highway, or if the property is located outside of
the city limits of Blair, the property owner may request a waiver of the driveway paving by filing a
Driveway Waiver Application and signing a recordable Driveway Waiver Agreement which will
state that if the public street, road, or highway is surfaced with asphalt or concrete and the property is
then located in the city limits of Blair or is annexed by the City of Blair, the applicant and his/her
heirs and assigns agree to pave the driveway within 90 days of being notified to do so. In all
situations, if the public street, road, or highway is hard surfaced, the portion of the driveway in the
public right-of-way must be paved. The driveway shall be paved with not less than 4 inches of
asphalt or concrete. Required driveway paving will not substitute for required off street parking,
unless it abuts and is contiguous to the structure. Driveways shall have a maximum grade of twenty
(20) 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 flare for rolled curbs shall be three (3) feet wider than the
driveway pavement on each side.
(52) DUPLEX shall mean the same as "Dwelling, Two (2) Family".
(53) DWELLING shall mean a building or portion thereof designed and used exclusively for
residential occupancy and permitted home occupations, including single family, two (2) family, and
multiple dwelling unit, but not including hotels, motels, boarding or lodging houses, trailers or
mobile homes (with or without wheels).
(54) DWELLING, MULTIPLE shall mean a building designed and used for occupancy by three (3)
or more families, all living independently of each other and having separate kitchen and toilet
facilities for each family.
(55) DWELLING, SINGLE FAMILY shall mean a building designed or used exclusively for the
occupancy of single family, and having kitchen and toilet facilities for only single family.
(56) DWELLING, SINGLE FAMILY ATTACHED Single family dwelling attached shall mean no
City of Blair Zoning Regulations Article 3, page 7
more than two (2) single family dwellings which share a common fire wall and which do not extend
over the other. Each dwelling may have common or separate ownership. Each separate dwelling
shall have its own access to the front and rear and there shall be no common area between each
dwelling except the common fire wall dividing the dwellings.
(57) DWELLING TWO (2) FAMILY shall mean a building designed or used exclusively for the
occupancy of two (2) families living independently of each other and having separate kitchen and
toilet facilities for each family.
(58) DWELLING UNIT: One room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease on a weekly,
monthly, or longer basis, and physically separated from any other rooms or dwelling units which
may be in the same structure, and containing independent cooking and sleeping facilities.
(59) EASEMENT: is a grant by the property owner to the public, a corporation, or persons of the
use of a tract of land for a specific purpose or purposes.
(60) EFFICIENCY UNIT: A dwelling unit having only one room exclusive of bathroom, water
closet compartment, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any dining
alcove. An efficiency unit shall be permitted only in a multi -family dwelling.
(61) EXCEPTION: An exception is a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area, location or
relation to the neighborhood, would promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in
such zoning districts as exceptions, if specific provision for such exceptions is made in this
Ordinance (See Conditional Use Permit).
(62) FAMILY: One or more persons related by blood, marriage, or adoption, living together as a
single housekeeping unit, or a group of not more than four (4) unrelated persons living together as a
single housekeeping unit; plus in either case, usual domestic servants. A family shall under no
circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house,
hotel or motel.
(63) FAMILY DAY CARE HOME: A facility or private home providing care to four or more
children from different families and is required to be licensed as a Family Day Care Home by the
State of Nebraska Department of Social Services, under the authority of Sections 71-1908 through,
Revised Statutes of Nebraska, as provided and defined under the Title 474 of the Nebraska
Administrative Code, Chapter 6, Section 002.
(64) FARMHAND: Any person who is employed fiill-time as an agricultural worker. Required
documentation for proof of full-time employment as a farmhand shall be a notarized letter from a
Certificated Public Accountant or a licensed attorney indicating the farmhand's annual income from
the farm of residence to be at least 80% of the farmhand's total gross annual earnings.
(65) FARMSTEAD: An area of twenty (20) acres or more, on which is located at least one farm
residence, and which is used for raising agricultural crops, livestock, poultry, or dairy products.
City of Blair Zoning Regulations Article 3, page 8
(66) FARM RESIDENCE: Residential dwellings located on a farmstead including mobile homes as
living quarters for persons employed on the premises.
(67) FENCE shall mean any structural device forming a physical barrier which is so constructed that
not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air
and vision through said surface in a horizontal plane. Gates and posts are considered parts of the
fence structure. (For board or other solid barriers, see "Wall").
(68) FLOOR AREA:
a. For computing off-street parking requirements: shall mean the gross floor area of the building
measured from the exterior faces of the exterior walls or from the centerline of walls separating two
buildings and shall include the following areas:
1. One-half (1/2) the basement floor area.
2. The area of each floor of the structure.
b. Floor area for determining floor area ratio: as used herein shall be computed as the sum of the
following areas:
1. The gross horizontal areas of the several buildings measured from the exterior faces of
exterior walls or from the centering of walls separating two buildings which shall include
floor area utilized for stairwells or elevator shafts and floor space used for mechanical
equipment (except equipment open or enclosed, located on the roof).
2. Penthouses.
3. One-half (1/2) the basement floor area.
4. Interior balconies and mezzanines.
5. Enclosed porches.
6. Floor area devoted to accessory uses.
7. Interior walls.
c. Floor Area Ratio: the maximum percentage of allowable of a building or complex (including both
principal and accessory buildings) computed by dividing the floor area of said complex or buildings
by the area of the building site.
(69) FRATERNITY shall mean a building or structure housing a group of men associated for their
common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the
premises.
(70) FRONTAGE shall mean that portion of a parcel of property which abuts a dedicated public
street or highway.
(7 1) GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building
on the same lot as a dwelling for the housing of vehicles for the occupants of the dwelling, including
carports.
(72) GARAGE, PUBLIC shall be defined as any building or a portion of any building for the
housing of vehicles other than a private garage.
(73) GARAGE, REPAIR: Buildings and premises where repairs are performed on the mechanical
City of Blair Zoning Regulations Article 3, page 9
systems and bodies of any licensed or unlicensed vehicle or motorized equipment. In addition, all
sales and services provided for in an automobile service station may be provided in a repair garage.
(74) GOLF COURSE shall mean a lot or portion of a lot used for the playing of golf, including
pitch and putt courses, but shall not include driving ranges, detached from or not a part of a golf
course, miniature golf courses or other similar commercial enterprises.
(75) GREENHOUSES shall mean a building or structure constructed chiefly of glass, glass -like
translucent material, plastic, cloth or lath, which is devoted to the protection or cultivation of flowers
or other plants.
(76) GOVERNING BODY: That Body having jurisdiction in the zoning area.
(77) GROUP DAY CARE HOME: A facility, other than a public or parochial school which is in
the business of providing care to four or more children from more than one family, and is required to
be licensed as a Group Day Care Home by the State of Nebraska Department of Social Services,
under the authority of Sections 71-1908 through, Revised Statutes of Nebraska, as provided and
defined under the Title 474 of the Nebraska Administrative Code, Chapter 6, Section 002.
(78) GRADE:
a. For buildings having walls facing one street only, the elevation of the finished surface of
the ground at the center of the wall facing the street shall be the grade.
b. For buildings having walls facing more than one street, the grade shall be determined by
using the average of the grades (as defined in a. above) of all walls facing each street.
c. For buildings having no wall facing a street, the average level of the finished surface of
the ground adjacent to the exterior walls of the building shall be the grade.
d. Any wall approximately parallel to and not more than 35 feet from a street line is
considered as facing the street.
(79) GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guests
for sleeping purposes, having no kitchen facilities, not including dormitories.
(80) HOME OCCUPATION shall mean any commercial use customarily conducted entirely within
a dwelling or a permitted accessory building and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the structure and premises for dwelling purposes and
which use does not change the character thereof.
All of the following criteria shall apply for the evaluation of "Home Occupation":
a. There shall be not more than one (1) person or employee other than the members of the
resident family.
b. There shall be no use of material or mechanical equipment not recognized as being part of
normal household or hobby uses.
c. There shall be no sales of products or services not produced on the premises unless such
City of Blair Zoning Regulations Article 3, page 10
sales are secondary and incidental to a primary service which is the home occupation.
d. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district
in which it is located.
e. It shall not involve the use of commercial vehicles for delivery of materials to or from the
premises, other than a vehicle not to exceed one (1) ton, owned by the operator of such home
occupations.
f. No indoor storage of materials or supplies, other than for purposes other than those
permitted in the district. No outdoor storage of any materials, supplies, or equipment shall
be allowed or permitted. Unless permitted in the district, no non -licensed vehicles or
equipment shall be allowed on the premises
g. It shall not involve the use of signs or structures other than those permitted in the district
in which it is a part.
h. Not more than twenty percent (20%) of the square footage of finished living area in the
dwelling, not to exceed 250 square feet, shall be used for the home occupation either in the
dwelling, attached or detached garage or accessory building permitted in the district. In the
event the building, room, or space utilized for the home occupation exceeds the maximum
allowable area which may be utilized for the home occupation, the building, room, or space
shall be partitioned to limit the area to the maximum allowed.
i. All doors, windows, or any other openings in the area utilized for home occupations shall
be closed during operation.
j. In no way shall the appearance of the structure be so altered or the conduct of the
occupation within the structure be such that the structure may be reasonably recognized as
serving a nonresidential use (either by color, materials or construction, lighting, signs,
sounds or noises, vibrations, etc.)
k. There shall be no use of utilities or community facilities beyond that normal to the use of
the property for residential or agricultural purposes as defined in the district.
1. The use does not infringe upon the right of neighboring residents to enjoy peaceful and
healthful occupancy of their home.
in. No flammable or hazardous materials for the home occupation shall be stored or used on
the premises other than materials or supplies and in such quantities as are recognized as
being normal materials or supplies present in the district.
n. No noise, sound, vibrations, fumes, smoke, odors, gasses, air contaminants, heat, glare, or
electrical interference from the conduct of the occupation be present or exist outside of the
structure.
City of Blair Zoning Regulations Article 3, page 11
o. The following are deemed not to be home occupations and, therefore, may be conducted
without the necessity of obtaining a special use permit for a home occupation:
(1) Sales persons where there are no on sight transaction.
(2) Businesses to the extent that book or paper work and telephone transactions
occur on the premises, and where there is no fabrication, production of goods or
services on the premises, and where storage of inventory or equipment,
excluding one business vehicle, is limited to a maximum of 100 square feet.
(3) Music, art, dance, or educational instruction or tutoring, providing that no
more than 4 students are present at any one time.
(4) Seamstresses and tailors.
(5) Home crafts which are of a hobby nature.
(6) Businesses which activities are limited strictly to telephone transactions.
(7) Babysitters or day care providers providing care for three or less
individuals from different families.
(8) Garden produce.
(8 1) HOSPITAL: Any building or portion thereof used for the accommodation and medical care of
sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the
cure of chronic drug addicts and mental patients.
(82) HOTEL: A building or portion thereof, or a group of buildings, used as a transient abiding
place which may or may not serve meals and whether such establishments are designated as a hotel,
inn, automobile court, motel, motor lodge, motor court, tourist cabin, tourist court or other similar
designation.
(83) IMPOUND LOT: Property where damaged, inoperable, or legally confiscated vehicles are
stored for less than six months.
(84) KENNEL: The housing of four (4) or more dogs of four (4) or more months or the business of
buying, selling, raising, breeding, boarding, housing, caring for, feeding, or training of dogs,
excluding veterinarian clinics, animal shelters, and animal hospitals licensed under the laws of the
State of Nebraska.
(85) LANDSCAPING: Shall include the original planting of suitable vegetation in conformity with
the requirements of this Regulation and the continued maintenance thereof.
(86) LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulls pickups
and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when
required off-street parking spaces are filled. Required off-street loading space is not to be used as
off-street parking space in computation of required off-street parking space.
(87) LODGING HOUSE: Shall mean the same as "Boarding House".
(88) LOT: For purpose of this Ordinance a lot is a tract of land of at least sufficient size to meet
City of Blair Zoning Regulations Article 3, page 12
minimum zoning and subdivision requirements for use, coverage, and area, and to provide such
yards and other open spaces as are herein required. Such lot shall have frontage on any public street,
or on an approved private street.
(89) LOT COVERAGE shall mean that portion of a lot which is occupied by any building or
structure, excepting paved areas, walks and swimming pools, regardless of whether said building or
structure is intended for human occupancy.
(90) LOT DEPTH: Depth of a lot shall be considered to be the distance between the mid -points of
straight lines connecting the foremost points of the side lot lines in front and the rearmost points of
the side lot lines in the rear.
(9 1) LOT FRONT: The front of a lot shall be construed to be the portion nearest the street. For the
purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent
to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this
article.
(92) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Register
of Deeds, or a lot or parcel described by metes and bounds the description of which has been so
recorded.
(93) LOT WIDTH: Width of a lot shall be considered to be the distance between straight lines
connecting front and rear lot lines at each side of the lot, measured across the rear of the required
front yard, provided, however, that width between side lot lines at their foremost points where they
intersect with the street line, shall not be less than eighty (80) percent of the required lot width
except in the case of lots on the turning circle of cul-de-sacs, or on loop streets, where the eighty (80)
percent requirement shall not apply.
(94) LOT, CORNER: Indicated as A on Exhibit "A", a corner lot is defined as a lot located at the
intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be
considered a corner lot if straight lines drawn from the foremost points of the side lot lines the
foremost point of the lot meet at an interior angle of less than thirty-five (35) degrees. See lots
marked A in the diagram. 13 a ,
;
A—D B
A a B 16—D ---- 1----
A C 'B' j B i — C—D
1 1 t
.ice �� ,
i �A A
.y B B
i B A
(95) LOT, INTERIOR: Indicated as B on Exhibit "A", an interior lot is defined as a lot other than a
corner lot with only one frontage on a street.
(96) LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in
City of Blair Zoning Regulations Article 3, page 13
the district in which it is located and which was lawfully created prior to the zoning thereof whereby
the larger area or dimension requirements were established.
(97) LOT, THROUGH: Indicated as C on Exhibit "A", a through lot is defined as a lot other than a
corner lot with frontage on more than one street. Through lots abutting two (2) streets may be
referred to as a double frontage lot.
(98) LOT, REVERSED FRONTAGE: Indicated as D on Exhibit "A", a reversed frontage lot is
defined as a lot on which the frontage is at right angles or approximately right angles, interior angle
less than one hundred thirty-five (135) degrees, to the general pattern in the area. A reversed
frontage lot may also be a corner lot, (A -D on Exhibit "A"), an interior lot (B -D) or a through lot
(C -D).
(99) MAJOR RECREATION EQUIPMENT: Maj or recreational equipment is defined as including
boats and boat trailers, travel trailers, pickup campers or coaches, designed to be mounted on
automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment or not, and shall include
the term Recreational Vehicle.
(100) MANUFACTURED HOME: A factory -built structure which is to be used as a place for
human habitation, which is not constructed or equipped with a permanent hitch or other devise
allowing it to be moved other than to be permanent site, which does not have permanently attached
to its body or frame any wheels or axles, and which bears a label certifying that it was built to
compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280
et seq., promulgated by the United States Department of Housing and Urban Development, or a
modular housing unit as defined in Section 71-1557 of the Nebraska Revised Statutes bearing the
seal of the Department of Health.
(10 1) MEDICAL, DENTAL OR HEALTH CLINIC: Any building or portion thereof used by one
or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases
or ailments of human beings; including but not limited to, doctors of medicine, dentists,
chiropractors, osteopaths, optometrists, podiatrists and in which no patients are lodged overnight, but
which may include an apothecary.
(102) MOBILE HOME/MOBILE HOME PARK: A year-round, transportable structure which is a
single family dwelling unit suitable for permanent, more than thirty (3 0) days living quarters, more
than eight (8) feet wide and forty (40) feet in length designed and built to be towed on its own
chassis and designed to be used as a single family dwelling with or without a permanent foundation
when connected to the required utilities.
(103) MOBILE HOME PARK: Any area of land which one (1) or more mobile homes are parked,
connected to utilities and used by one (1) or more persons for living or sleeping purposes. A mobile
home park includes any premises set apart for supplying to the public parking space, either free of
charge or for revenue purposes for one (1) or more mobile homes, connected to utilities and used by
one (1) or more persons for living, or sleeping purposes and shall include any building, structure,
tent, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home
City of Blair Zoning Regulations Article 3, page 14
park.
(104) MODULAR HOME: Any dwelling whose construction consists entirely of or the major
portions of its construction consist of a unit or units not fabricated on the final site for the dwelling
units, which units are movable or portable until placed on a permanent foundation and connected to
utilities. All modular homes shall bear a label certifying that it was built to compliance with the
Nebraska Department of Health Standards as established in Section 71-1557 of the Nebraska revised
Statutes.
(105) MOTEL shall mean a building or group of buildings used for transient residential purposes
containing guest rooms or dwelling units with or without automobile storage space provided in
connection therewith, which building or group is designed, intended or used primarily for the
accommodation of transient automobile travelers, including groups designated as auto cabins, motor
courts, motor hotels and similar designation.
(106) NONCONFORMING USE: An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established by this regulation or any
amendments thereto.
(107) NURSING HOME OR CONVALESCENT HOMES: An institution or agency licensed by
the State for the reception, board, care or treatment of three or more unrelated individuals, but not
including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
(108) OFFICE: The use of a building for administrative, business, or professional operations. See
also: Professional Office.
(109) PARKING SPACE, OFF-STREET: For the purpose of this Ordinance an off-street parking
space shall consist of a space adequate for parking an automobile with room for opening doors on
both sides, together with properly related access to a public street or alley and maneuvering room.
All off-street parking spaces in any zoning district located within the corporate limits of the City of
Blair shall be hard surfaced with either portland cement, concrete or asphalt. Off-street parking
spaces in any Agricultural Zoning District or the Rural Residential Zoning District located outside
the corporate limits of the City of Blair may be required by the City Council to be hard surfaced with
either portland cement, concrete or asphalt as a requirement of a conditional use permit. Required
off-street parking areas for three (3) or more automobiles shall have individual spaces marked, and
shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking
shall be on any public street, walk, or alley, and so that any automobile may be parked and un -
parked without moving another. A garage shall not be considered as meeting off street parking
qualifications unless the driveway access to the garage is not considered as off street parking for the
purposes of these regulations. For purposes of approximate computation, an off-street parking space
and necessary access and maneuvering may be estimated at three hundred (300) square feet, but
off-street parking requirements will be considered to be met only when actual spaces meeting the
requirements above are provided and maintained, improved in a manner appropriate to the
circumstances of the case, and in accordance with all ordinances and regulations of the City.
(110) PARKWAYS: Those streets which are similar to an arterial, but with a large median for
City of Blair Zoning Regulations Article 3, page 15
landscaping and somewhat slower traffic flow.
(I 11) PEDESTRIAN WAYS: Is a tract of land dedicated to public use, which cuts across a block to
facilitate pedestrian access to adjoining streets or properties.
(112) PERMANENT FOUNDATION: The masonry or concrete substructure of a structure which
directly supports the structure around its entire perimeter and at points within its perimeter where
needed.
(113) PERSON shall mean an individual, firm, co -partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, special district, or any
other group or combination acting as an entity.
(114) PLANNED DEVELOPMENT: Special development of certain tracts of land, planned and
designed as a unit for one or more land uses under the regulations and procedures contained in this
Ordinance and as approved by the City Council.
(115) PLANNING AREA AND PLANNING JURISDICTION shall both mean the City and two (2)
miles beyond the corporate limits as illustrated by the official zoning classification map.
(116) PRINCIPAL/PRIMARY BUILDING: The building in which the main use of the lot is
conducted.
(117) PRINCIPAL/PRIMARY USE: The main use of a lot, building, or structure.
(118) PRIVATE CLUB: A non-profit association of persons who are bona fide members paying
annual dues, which owns, hires or leases a building or premises, or portion thereof, the use of such
building or premises being restricted to members and their guests. The affairs and management of
such private clubs are conducted by a board of directors, executive committee, or similar body
chosen by the members at their annual meeting. It shall be permissible to serve food and meals on
such premises providing adequate dining room space and kitchen facilities are available. The sale of
alcoholic beverages to members and their guests shall be allowed provided it is secondary and
incidental to the promotion of some other common objective by the organization, and further
provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State,
County, and Municipal laws.
(119) PROFESSIONAL OFFICE shall mean any building or portion of a building used or intended
to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant and
other similar professions.
(120) PUBLIC UTILITY: Any business which furnishes the general public (a) telephone service,
(b) telegraph service, (c) electricity, (d) natural gas, (e) water and sewer, (f) cable television, (g) any
other business so affecting the public interest as to be subject to the supervision or regulation by an
agency of the State.
(12 1) QUASI -PUBLIC ORGANIZATIONS shall mean any non-governmental organization that is
City of Blair Zoning Regulations Article 3, page 16
devoted entirely to public service and welfare.
(122) REPAIR GARAGE: See GARAGE, REPAIR
(123) RESIDENTIAL CONDOMINIUM: See CONDOMINIUM, RESIDENTIAL
(124) RENTAL AND LEASING ESTABLISHMENTS, INSIDE STORAGE ONLY shall mean an
establishment renting or leasing, on a long or short tern basis, and storing on location equipment and
miscellaneous items, all of which equipment and miscellaneous items must be stored inside and no
outside storage is utilized.
(125) RENTAL AND LEASING ESTABLISHMENTS, OUTSIDE AND INSIDE STORAGE, shall
mean an establishment renting or leasing, on a long or short term basis, and storing on location either
inside or outside, equipment or other items excluding general consumer or household items such as
furniture, appliances, and yard or garden tools or equipment.
(125.5) RETAINING WALL, shall mean a wall or terraced combination of walls used at a grade
change to hold soil and other earth material at a higher position. Retaining walls may be attached to
or independent from other structures. The exposed side of a retaining wall shall be known as a
"face". The area between a lower wall and a successive higher wall shall be known as a "terrace".
(126) RIGHT-OF-WAY: All property dedicated to the public or subject to public or private
easement for street, highway, freeway, roadway, utility, or public works purposes.
(127) SALVAGE YARD: Any lot, or the use of any portion of a lot, for the dismantling, storage or
wrecking of machinery, farm machinery, and including motor vehicles or for the storage or keeping
for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or
keeping of junk including scrap metals or other scrap materials, with no burning permitted.
(128) SIGHT TRIANGLE: a triangular-shaped portion of land established at street intersections in
which nothing is erected, placed, planted, or allowed to grow in such a mamler as to limit or obstruct
the sight distance of motorists entering or leaving the intersection. Also known as a sight easement.
(129) SIGN: Any device which shall display or include any letter, word, model, banner, flag,
pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or
announcement which directs attention to an object, product, place, activity, person, institution,
organization or business but shall not include any display of official notice or official flag.
(13 0) SIGN, ANIMATED OR MOVING: Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the visual impression of such movement
or rotation.
(13 1) SIGN, AWNING, CANOPY, OR MARQUEE: A sign that is mounted, painted, or attached
to an awning, canopy, or marquee that is otherwise permitted by ordinance.
(132) SIGN, BILLBOARD, OFF-SITE, OR OFF -PREMISE: A sign that directs attention to a
City of Blair Zoning Regulations Article 3, page 17
business, commodity, service, or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
(13 3) SIGN, GROUND: A sign, other than a pole sign, in which the entire bottom is in contact with
or is close to the ground and is independent of any other structure.
(134) SIGN, HOME OCCUPATION: A sign containing only the name and occupation of a
permitted home occupation.
(135) SIGN, ILLUMINATED: A sign lighted by or exposed to artificial lighting either by lights on
or in the sign or directed toward the sign.
(136) SIGNS, ON-SITE: A sign relating in its subject matter to the premises on which it is located,
or to products, accommodations, services, or activities on the premises. On-site signs do not include
signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
(137) SIGN, POLE: A sign that is mounted on a freestanding pole or other support so that the
bottom edge of the sign face is six feet or more above grade.
(138) SIGN, POLITICAL: A temporary sign announcing or supporting political candidates or
issues in connection with any national, state, or local election.
(139) SIGN, PROJECTING: A sign that is wholly or partly dependent upon a building for support
and projects more than twelve inches from such building.
(140) SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the premises, or a portion of
the premises, on which the sign is located.
(14 1) SIGN, TEMPORARY, PORTABLE: A sign, flag, banner, pennant or valance constructed of
lightweight material which is not permanently attached to building or land and which is intended for
display for a limited period of time.
(142) SIGN, WALL: a sign fastened to or painted on the wall of a building or structure in such a
manner that the wall becomes the supporting structure for, or forms the background surface of, the
sign and that does not project more than twelve inches from such building, or structure.
(143) SIGN AREA: The entire face of a sign, including the advertising surface and any framing,
trim, or molding but not including the supporting structure. In the event a sign has more than one
face, the combined area of each face shall equal the total area of the sign.
(144) SORORITY shall mean a building or structure housing a group of women associated for their
common interest. Such group may eat, sleep, and otherwise use facilities as are provided on the
premises.
(145) STORAGE UNITS, MINI: Storage units primarily for the storage and housing of personal
property including but not limited to household goods, boats, motor vehicles, with each unit
City of Blair Zoning Regulations Article 3, page 18
generally not exceeding two hundred (200) square feet.
(145.1) STORAGE, INDOOR AND OUTDOOR: Storage, either inside a building or group of
buildings, or outside, used for the storage and housing of personal property including but not limited
to boats, motor vehicles and recreational vehicles, containing controlled access units or delineated
open areas for individual use. Outdoor storage shall be enclosed by a fence or wall at least six (6)
feet in height. Items stored outdoors must be designed for outdoor use.
(146) STORY shall mean a space in a building between the surface of any floor and the surface of
the floor above, or if there be no floor above, then the space between such floor and the ceiling or
roof above. The basement as defined herein shall not be considered as a story of the building.
(147) STREET shall be defined as meaning a public thoroughfare or right-of-way, dedicated,
deeded or condemned for use as such, other than an alley, which affords the principle means of
access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road or
any other thoroughfare except as excluded herein.
(148) STREET LINE shall mean the boundary line between the street right-of-way and the abutting
property.
(149) STREET, LOOP: A street having both ends terminating on another single street.
(150) STREET, MARGINAL: A minor street which is parallel to and adjacent to an arterial street
and which serves to reduce the number of access points to the arterial street and thereby increase
traffic safety.
(15 1) STREET NETWORK:
a. EXPRESSWAY: A street which provides fast and efficient movement of large volumes
of traffic between areas and does not provide a land service function.
b. ARTERIAL: A street which provides for through traffic movement between and around
areas with direct access to abutting property, subject to necessary control of entrances, exits,
and curb use.
c. COLLECTOR: A street which provides for traffic movement between arterials and local
streets, with direct access to abutting property.
d. LOCAL: A street which provides direct access to abutting land, and local traffic
movement whether in business, industrial, or residential land.
(152) STRUCTURE: Anything constructed or erected, the use of which requires permanent
location on the ground or attaclunent to something having a permanent location on the ground, but
not including fences or retaining walls, or public items such as utility poles, street light fixtures,
street signs and outdoor areas such as paved areas, driveways or sidewalks.
(153) STRUCTURAL ALTERATIONS: Any change in the supporting members of a building,
City of Blair Zoning Regulations Article 3, page 19
such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the
roof or the exterior walls. For the purpose of this regulation, the following shall not be considered as
structural alterations:
a. Attachment of a new front where structural supports are not changed.
b. Addition of fire escapes where structural supports are not changed.
c. New windows where lintels and support walls are not materially changed.
d. Repair or replacement of non- structural members.
(154) STRUCTURE, TEMPORARY shall mean a structure which is readily movable.
(155) TAVERN: An establishment in which the primary function is the public sale and serving of
alcoholic beverages for consumption on the premises, including establishments, commonly known as
key clubs, which are open, and in which alcoholic beverages are served, only to members and their
guests.
(156) VISUAL OBSTRUCTION shall mean any fence, hedge, tree, shrub, wall or structure
exceeding three (3) feet in height, measured from the crown of intersecting or intercepting streets,
alleys, or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or
driveways. This does not include trees kept trimmed of branches below a minimum height of eight
(8) feet.
(157) VARIANCE: A variance is a waiver of the terms of the Zoning Ordinance where such
variance will not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of the Ordinance
would result in umlecessary and undue hardship. As used in this Ordinance a variance is authorized
only for height, area, and size of structure or size of yards and open spaces; establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be
granted because of the presence of non -conformities in the zoning district or uses in an adjoining
zoning district or because of conditions created by the landowner.
(15 8) WALL shall mean any structure or device forming a physical barrier, which is so constructed
that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, and
vision through said surface in a horizontal plane.
(159) YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure provided, however, that fences, walls, poles, posts, and other
customary yard accessories, ornaments and fiirniture may be permitted in any yard subject to height
limitations and requirements limiting obstructions of visibility and subject to the district regulations.
In the case of corner lots that have streets on two or more sides, front yards of the required depth
shall be provided on all street frontages.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all frontages. Where one (1) of the front yards that
would normally be required on a through lot is not in keeping with the prevailing yard pattern, the
City of Blair Zoning Regulations Article 3, page 20
zoning administrator may waive the requirement which shall not exceed the average of the yards
provided on adjacent lots.
In the case of interior lot, a front yard of the required depth shall be provided, except the zoning
administration may waive the requirement in keeping with the prevailing yard pattern of the adjacent
lots. The waiver shall not exceed the average of the yards provided on adjacent lots.
(160) YARD, FRONT: A yard extending from the front lot line adjoining a public street to the ftont
of the building between side lot lines.
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on
either frontage, and a second front yard of half the depth required generally for front yards in the
district shall be provided on the other frontage unless otherwise provided in the district regulations.
In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine
the front yard requirements, subject to the following limitations.
1. In the case of corner lots with more than two frontages existing and platted before to July 1,1994:
A. At least one front yard shall be provided having the full depth required generally in the
district.
B. No other front yard on such lot shall have less than one-half the full depth required
generally.
2. In the case of all such corner lots platted or re -platted after to July 1, 1994, both of the front yards
shall have the full depth required generally in the district. Depth of required front yards shall be
measured at right angles to a straight line joining the foremost points of the side lot lines. The
foremost point of the side lot line, in the case of rounded property corners at street intersections,
shall be assumed to be the point at which the side and front lot lines would have met without such
rounding. The front lot line and the inner edge of the front yard shall be parallel.
(161) YARD, REAR: A yard extending from the rear lot line to the rear of the building between
inner side yard line. In the case of through lots and corner lots, there will be no rear yards, but only
front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its inner edge
parallel with the rear lot line.
(162) YARD, SIDE: A yard extending from the rear line of the required front yard to the rear lot
line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the
intersection of the lot line involved with the public street. In the case of through lots, side yards shall
extend from the rear lines of front yards required. In the case of corner lots, yards remaining after
full and half -depth front yards have been established shall be considered side yards. Width of a
required side yard shall be measured in such a manner that the yard established is a strip of the
minimum width required by district regulations with its inner edge parallel with the side lot line.
(163) YARD, SPECIAL: A yard behind any required yard adjacent to a public street, required to
perform the same function as a side or rear yard, but adjacent to a lot line so placed or oriented that
neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the zoning
administrator shall require a yard with minimum dimensions as generally required for a side yard or
a rear yard in the district, determining which shall apply by the relation of the portion of the lot on
City of Blair Zoning Regulations Article 3, page 21
which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and
location of structures and buildable areas thereon.
(END OF SECTION)
City of Blair Zoning Regulations Article 3, page 22
ARTICLE 7 R RESIDENTIAL DISTRICTS/
The purposes and objectives of the Residential Districts are to preserve and protect areas in the City
which by their location, proximity to other land uses, the character of the natural environment, and
accessibility to public services and facilities exhibit a high potential as living areas for the people.
The regulations are intended to preserve the quality and character of existing residential
neighborhoods, as well as encourage continuing maintenance and rehabilitation by ensuring that
incompatible uses of the land will not encroach upon the residential areas.
SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT
701.01 INTENT: This district is intended primarily for application to subdivision of land in
agricultural and scenic areas to: (a) permit the opportunity of developing estate -type lots which,
because of their size, cannot be economically accommodated within urban areas; and (b) to
encourage the provision of estate -type lots as a subdivision of land which will assure the provisions
of at least those minimum physical improvements necessary to protect the health, safety and general
welfare of people living on estate -type lots or parcels.
701.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:
(1) Single-family dwellings;
(2) Raising of fruit and nut trees, vegetables and horticultural specialties;
(3) Breeding, hatching, raising and fattening birds, rabbits, chinchillas, hamsters, or other small
animals and fowl on a domestic and noncommercial basis, not to exceed one animal unit per acre,
provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any
property line, or closer than twenty-five (25) feet to any dwelling on the site.
(4) The raising or keeping of horses, not to exceed one (1) animal unit per acre provided that no
stable shall be located closer than fifty (50) feet to any property line or to any dwelling on the site.
(5) Public and private playgrounds, parks, community centers and other recreational facilities for
communal use on an exclusive noncommercial basis.
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings.
(7) Public service pumping stations and/or elevated pressure tanks.
(8) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on parcels which have been regularly used for such production prior to January 1,
2011. No parcel in this zoning district shall be switched to this Use from a different use. Parcels
three (3) acres or larger may continue with this Use and other Permitted or Excepted Uses with a
minimum separation of fifty (50) feet from any other Use.
City of Blair Zoning Regulations Article 7, Section 701, page 1
701.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structure
normally appurtenant to the permitted uses and structures and to uses and structures permitted as
exceptions shall be permitted.
701.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RRE Rural
Residential Estate District in accordance with ARTICLE 14 of this Ordinance.
(1) Home occupations.
(2) Temporary subdivision sales offices and signs and model home display areas.
(3) Signs subject to SECTION 1114 of this Ordinance.
(4) Family day care home, not operated within a private dwelling, group day care home, and day
care center.
(5) Borrow area.
(6) Private or Public Covered Bridges. Since covered bridges may cross or be located along property
lines, the Planning Commission and City Council may waive the Minimum Yard Requirements for
Primary Buildings and Accessory Buildings as well as the Creeks/Water Course Setback
Requirements as part of their consideration of the conditional use permit.
701.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RRE Rural
Residential Estate District.
701.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RRE Rural
Residential Estate District.
701.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area shall be:
(a) Three (3) acres, in which case a private sewer and private well are permissible, or
(b) 1.25 acres up to 2.99 acres with public water, or
(c) 30,000 square feet up to 1.249 acres with public water, sewer and paving.
(2) Each lot shall have not less than eighty (80) feet of frontage, when a lot fronts on a cul-de-sac or
loop street, where there are curbs and gutters and shall have not less than one hundred (100) feet of
frontage where there are not curbs and gutters.
(3) The minimum width of each lot shall be one hundred (100) feet.
City of Blair Zoning Regulations Article 7, Section 701, page 2
(4) Each lot shall have a depth of not less than one hundred fifty (15 0) feet.
701.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one -hundred (100)
feet from the center line of Federal Aid -Primary or Federal Aid -Secondary designated street or
highway or fifty (50) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than thirty-five (3 5) feet from the property
line. These yard requirements shall apply to any yard abutting a public street or highway regardless
of the lot being an interior or corner lot.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be ten (10) feet.
(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 maybe 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.
701.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
701.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed thirty (30)
percent of the total lot area.
City of Blair Zoning Regulations Article 7, Section 701, page 3
70 1. 10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (3 5) feet for
the main structure. The size limitations for accessory structures shall be subject to the provisions of
SECTION 1103 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska.
701.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided
herein and with the provisions of SECTION 1114 of this Ordinance.
701.12 OFF-STREET PARKING: In granting a conditional use permit, the City Council may
require that any or all of the proposed off-street parking be hard surfaced with either portland
cement, concrete, or asphalt.
Not withstanding the above, all such off street parking shall comply with the provisions of Section
1111.03 of this ordinance.
701.125 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
701.13 ADDITIONAL PAVING AND OTHER IMPROVEMENT REQUIREMENTS: In addition
to the other requirements set forth above, the following conditions shall be required for any
subdivision of land in the Rural Estate District:
(1) Paving Requirement — For any subdivision of land which has any platted lot(s) with an area
of thirty thousand square feet up to 1.25 acres, all streets, curb and gutter shall be paved with
asphaltic concrete or concrete in conformance with Section 603, et. seq. of the Subdivision
Regulations for the City of Blair, Nebraska, and shall also have a public water supply system
and a wastewater distribution system that conforms to the rules and regulations established
by the State of Nebraska, Department of Environmental Quality Rules and Regulations (See
Title 124 Chapter 4 of the DEQ Regulations, as amended from time to time)
(2) For any subdivision of land which has any platted lot(s) with a minimum lot size of 1.25
acres up to 2.99 acres, such subdivision shall have a public water supply system and shall
have a wastewater distribution system that conforms to the rules and regulations established
by the State of Nebraska, Department of Environmental Quality's Rules and Regulations
(See Title 124 Chapter 4 of the DEQ Regulations, as amended from time to time)
(3) For any subdivision of land which has a minimum lot size of 3 acres, the developer must
include, as part of the preliminary plat and final, at least one soil percolation test for every
five lots spaced evenly throughout the subdivision and shall have a wastewater distribution
system that conforms to the rules and regulation established by the State of Nebraska,
Department of Environmental Quality's Rules and Regulations (See Title 124 Chapter 4 of
the DEQ Regulations as amended from time tot time)
(4) For any subdivision zoned Rural Residential Estate District shall contain a minimum of four
lots or be contiguous to land previously zoned as Rural Residential Estate District.
701.14 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107
(1) It shall be unlawful to occupy a residential structure or any building for living purposes that
City of Blair Zoning Regulations Article 7, Section 701, page 4
does not have an approved waste disposal system.
(2) No waste absorption field (septic tank, cesspools, etc.) shall be constructed any closer than
twenty-five (25) feet from any adjacent property line.
(3) There shall be no waste absorption field located closer than fifty (50) feet from any other
residential structure.
(4) There shall be no waste absorption field located closer than fifty (100) feet from a water well
provided; however, where geology and subsurface conditions and topography would indicate
that seepage could reach the well supply, a greater distance shall be required.
(5) An individual residential waste absorption field shall contain a minimum of ten -thousand
(10,000) square feet, exclusive of the area required by structure. The entire tract shall contain
not less than twenty -thousand (20,000) square feet. If tract is less than two (2) acres, public
water must be available.
(END OF SECTION)
City of Blair Zoning Regulations Article 7, Section 701, page 5
(Blank Page)
City of Blair Zoning Regulations Article 7, Section 701, page 6
SECTION 702 RL RESIDENTIAL LOW DENSITY DISTRICT
702.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to low density concentrations of one -family dwellings where regulations are
designed to accomplish the following: To promote and encourage a suitable environment for family
life; to provide space for community facilities needed to complement urban residential areas and for
institutions which require a residential environment; to minimize traffic congestion and to avoid the
overloading of a utilities and public facilities designed to service only one -family residential uses in
accord with standards of the comprehensive plan.
702.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:
(1) Single-family dwellings.
(2) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on undeveloped lots not in a platted subdivision or on subdivision lots which have been
regularly used for such production prior to January 1, 2011. No subdivision lot or developed parcel
in this zoning district shall be switched to this Use from a different use. Parcels three (3) acres or
larger may continue with this Use and other Permitted or Excepted Uses with a minimum separation
of fifty (50) feet from any other Use.
702.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
702.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RL
Residential Low Density District in accordance with ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices, except barber and beauty shops;
(2) Public and quasi -public uses of an education, recreational, or religious type including public and
parochial elementary schools, junior high schools, high schools and colleges; nursery schools,
private nonprofit schools and colleges; churches, parsonages, and other religious institutions;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures, and facilities;
(5) Cemeteries, with or without columbarium;
City of Blair Zoning. Regulations Article 7, Section 702, page 1
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Signs subject to SECTION 1114 of this Ordinance.
(8) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
702.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RL Residential
Low Density District.
702.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RL Residential
Low Density District.
702.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single family dwellings shall be twelve -thousand (12,000) square feet;
(2) Each lot shall have not less than fifty (50) feet of frontage when a lot fronts on a cul-de-sac or
loop street.
(3) The minimum width of each lot shall be eighty (80) feet;
(4) Each lot shall have a depth of not less than one -hundred (100) feet.
(5) 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.
702.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty five (35) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than a depth of twenty five (25) feet.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be nine (9) feet.
a. On the street side of a corner lot, side yards shall not be less than twenty-five (25) feet.
For lots platted prior to July 1, 1994, side yards shall not be less than twelve and one-half
(12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
City of Blair Zoning Regulations, Article 7, Section 702, page 2
c. Attached garages or carports fronting on the side yard of a corner lot platted prior to July
1, 1994 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.
d. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single family
dwellings or town houses.
(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.
702.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
702.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40)
percent of the total lot area.
City of Blair Zoning Regulations Article 7, Section 702, page 3
702. 10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for
the main structure. The size limitations for accessory structures shall be subject to the provisions of
SECTION 1103 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska.
702.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided
herein and with the provisions of SECTION 1114 of this Ordinance.
702.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
the provisions of Section 204 of this Ordinance..
702.125 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
702.13 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107
(1) It shall be unlawful to occupy a residential structure or any building for living purposes that
does not have an approved waste disposal system.
(2) No waste absorption field (septic tank, cess pools, etc.) shall be constructed any closer than
twenty-five (25) feet from any adjacent property line.
(3) There shall be no waste absorption field located closer than fifty (50) feet from any other
residential structure.
(4) There shall be no waste absorption field located closer than fifty (100) feet from a water well
provided; however, where geology and subsurface conditions and topography would indicate
that seepage could reach the well supply, a greater distance shall be required.
(5) An individual residential waste absorption field shall contain a minimum of ten -thousand
(10,000) square feet, exclusive of the area required by structure. The entire tract shall contain
not less than twenty -thousand (20,000) square feet. If tract is less than two (2) acres, public
water must be available.
(END OF SECTION)
City of Blair Zoning Regulations Article 7, Section 702, page 4
4 YN Z"Z
zK7�
SECTION 703 RM RESIDENTIAL MEDIUM DENSITY DISTRICT
703.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to medium density concentrations of one -family dwellings where regulations
are designed to accomplish the following: To promote and encourage a suitable environment for
family life; to provide space for areas and for institutions which require a residential environment; to
minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to
service only one -family residential uses in accord with standards of the comprehensive plan.
703.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:
(1) Single-family dwellings.
(2) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on undeveloped lots not in a platted subdivision or on subdivision lots which have been
regularly used for such production prior to January 1, 2011. No subdivision lot or developed parcel
in this zoning district shall be switched to this Use from a different use. Parcels three (3) acres or
larger may continue with this Use and other Permitted or Excepted Uses with a minimum separation
of fifty (50) feet from any other Use.
703.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structure shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
703.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RM
Residential Medium Density District in accordance with ARTICLE 14 of this Ordinance.
(1) Home occupations and home professional offices.
(2) Public and quasi -public uses of an educational, recreational or religious type including public
and parochial elementary schools, junior high schools; high schools and colleges; churches, nursery
schools; private nonprofit schools and colleges; parsonages, and other religious institutions, public
parks, public playgrounds;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures, and facilities;
(5) Cemeteries, with or without columbarium;
City of Blair Zoning Regulations Article 7, Section 703, page 1
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Hospitals, medical and dental clinics and other medical and health facilities;
(9) Two family dwellings;
(10) Attached single family dwellings;
(11) Residential condominiums with two (2) living units pursuant to Section 1116.
(12) Signs subject to SECTION 1114 of this Ordinance.
(13) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
(14) Mortuaries, funeral homes and funeral chapels.
703.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RM Residential
Medium Density District.
703.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RM Residential
Medium Density District.
703.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be seven thousand two -hundred (7,200)
square feet; the minimum lot area for two family dwellings and attached single family dwellings
shall be twelve thousand (12,000) square feet and the minimum lot area per dwelling unit shall be six
thousand (6,000) square feet.
(2) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac or
loop street except any lot with a two family dwelling or attached single family dwelling shall have
not less than sixty (60) feet of frontage when a lot fronts on a cul-de-sac or loop street.
(3) The minimum width of each lot shall be seventy (70) feet provided, however, the minimum lot
requirement shall not apply to individual dwelling units of attached single family dwellings.
(4) Each lot shall have a depth of not less than ninety (90) feet.
(5) 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.
City of Blair Zoning Regulations Article 7, Section 703, page 2
703.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty five (35) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than a depth of twenty five (25) feet from
the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than twenty-five (25) feet.
For lots platted prior to July 1, 1994, side yards shall not be less than twelve and one-half
(12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
c. Attached garages or carports fronting on the side yard of a corner lot platted prior to July
1, 1994 shall be set back a minimum of twenty (20) feet from the sidewa k,, 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.
d. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single family
dwellings or town houses.
(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 fiont 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
City of Blair Zoning Regulations Article 7, Section 703, page 3
perpendicular to an alley, a minimum fifteen (15) feet access driveway is required between
said accessory building and the alley.
703.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
703.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40)
percent of the total lot area.
703.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for
the main structure. The size limitations for accessory structures shall be subject to the provisions of
SECTION 1103 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska.
703.11 SIGN REGULATIONS: All .signs shall be in conformance with the regulations provided
herein and with the provisions of SECTION 1114 of this Ordinance.
703.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
the provisions of Section 204 of this Ordinance.
703.125 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
(END OF SECTION)
City of Blair Zoning Regulations Article 7, Section 703, page 4
,ff'a4r7j
SECTION 704 RML MULTI -FAMILY RESIDENTIAL LOW DENSITY DISTRICT
704.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to low density concentrations of multiple -family dwellings and single
family dwellings which are compatible in character and density with the multiple -family
residential environment where regulations are designed to accomplish the following: To promote
and encourage a suitable environment for family life; to provide space for community facilities
needed to compliment urban residential areas and for institutions which require a residential
environment; to minimize traffic congestion and to avoid the overloading of utilities and public
facilities designed to service only residential and residential service uses in accord with standards
of the comprehensive plan.
704.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be
permitted as uses by right;
(1) Single family dwellings;
(2) Two family dwellings;
(3) Attached single family dwellings;
(4) Residential condominiums with two (2) living units pursuant to Section 1116;
(5) Churches, parsonages, and other religious institutions;
(6) Public parks, public playgrounds.
(7) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on parcels which have been regularly used for such production prior to January 1, 2011.
No parcel in this zoning district shall be switched to this Use from a different use. Parcels three
(3) acres or larger may continue with this Use and other Permitted or Excepted Uses with a
minimum separation of fifty (50) feet from any other Use.
704.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted.
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and
to uses and structures permitted as exceptions.
704.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled the City Council may permit the following conditional uses as exceptions in the RML
Multi -Family Residential Low Density District in accordance with ARTICLE 14 of this
Ordinance:
(1) Home occupations and home professional offices;
City of Blair Zoning Regulations Article 7, Section 704, page 1
(2) Public and quasi -public uses of an educational, recreational or religious type including public
and parochial elementary schools, junior high schools, high schools and colleges; nursery schools;
private nonprofit schools and colleges.
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures and facilities;
(5) Cemeteries, with or without columbarium;
(6) Electrical distribution substations, gas regulator stations, communications equipment
buildings, public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Hospitals, medical and dental clinics and other medical and health facilities;
(9) Professional offices;
(10) Mortuaries, funeral homes and funeral chapels;
(11) Mobile home parks under prescribed conditions of SECTION 1112.02 of this Ordinance;
(12) Signs subject to SECTION 1114 of this Ordinance;
(13) Multi -family dwellings, to a maximum of six units.
(14) Residential condominiums, to a maximum of six (6) living units pursuant to Section 1116.
(15) Family day care home, not operated within a private dwelling, group day care home, or day
care center.
16) Parking lots.
17) Boarding and rooming houses.
704.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RML
Multi -family Residential Low Density District.
704.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RML
Multi -family Residential Low Density District.
704.07 MINIMUM LOT REQUIREMENTS:
City of Blair Zoning Regulations Article 7, Section 704, page 2
(1) The minimum lot area for single-family dwellings shall be six thousand (6,000) square feet;
(2) The minimum lot area for two family, attached single family dwellings, shall be eight thousand
(8,000) square feet, each additional unit shall have a minimum lot area of four thousand (4,000)
square feet per dwelling unit;
(3) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac
or loop street except any lot with a two family dwelling or attached single family dwelling shall
have not less than sixty (60) feet of frontage when a lot fronts on a cul-de-sac or loop street;
(4) The minimum width of each lot shall be sixty (60) feet provided, however, the minimum width
requirement shall not apply to individual dwelling units of attached single family dwellings.
(5) Each lot shall have a depth of not less than eighty (80) feet.
(6) 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.
704.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty five (35) feet from the property line, whichever is greater. On all other streets
or highways there shall be a minimum front yard of not less than a depth of twenty (20) feet from
the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure is other than a single family dwelling and the site abuts a
residential district without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yard of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit shall be not less than ten
(10) feet.
c. The minimum side yard shall be nine (9) feet for any site adjacent to a RL Residential
Low Density District. fel _ I c �l
f
d. Attached garages 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.
City of Blair Zoning Regulations Article 7, Section 704, page 3
e. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single family
dwellings or town houses.
(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.
704.085 ADDITIONAL SETBACK REQUIREMENTS — CREEK/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
704.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40)
percent of the total lot area.
704.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (3 5) feet
for the main structure. The size limitations for accessory structures shall be subject to the
provisions of SECTION 1103 and SECTION 1105 of the Comprehensive Zoning Ordinance of
the City of Blair, Nebraska.
704.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided
herein and with the provisions of SECTION 1114 of this Ordinance.
704.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
City of Blair Zoning Regulations Article 7, Section 704, page 4
the provisions of Section 204 of this Ordinance.
704.125 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
(END OF SECTION)
City of Blair Zoning Regulations Article 7, Section 704, page 5
(Blank Page)
City of Blair Zoning Regulations Article 7, Section 704, page 6
SECTION 705 RMH MULTI -FAMILY RESIDENTIAL HIGH DENSITY DISTRICT
705.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to high density concentrations or multiple -family dwellings and single family
dwellings which are compatible in character and density with the multiple -family residential
environment where regulations are designed to accomplish the following; to promote and encourage
a suitable environment for family life; to provide space for community facilities needed to
compliment urban residential areas and for institutions which require a residential environment; to
minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to
service only residential and residential service uses in accord with standards of the comprehensive
plan.
705.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right.
(1) Single-family dwellings;
(2) Attached single family dwellings;
(3) Two family dwellings;
(4) Residential condominiums pursuant to Section 1116.
(5) Multiple -family dwellings with forty-eight (48) or fewer living units.
(6) Churches, parsonages and other religious institutions.
(7) Row crop agricultural production (planting, fertilizing, harvesting) or alfalfa / feed grass
production on parcels which have been regularly used for such production prior to January 1,
2011. No parcel in this zoning district shall be switched to this Use from a different use. Parcels
three (3) acres or larger may continue with this Use and other Permitted or Excepted Uses with a
minimum separation of fifty (50) feet from any other Use.
705.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and.structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
705.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RMH
Multi -Family Residential High Density District in accordance with ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices;
(2) Public and quasi -public uses of an educational, recreational or religious type including public
City of Blair Zoning Regulations Article 7, Section 705, page 1
and parochial elementary schools, junior high schools and colleges; nursery schools; private and
nonprofit schools and colleges; public parks, public playgrounds;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures and facilities;
(5) Cemeteries, with or without columbarium;
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Boarding and rooming houses;
(9) Hospitals, medical and dental clinics and other medical and health facilities;
(10) Professional offices;
(11) Mortuaries, funeral homes and funeral chapels;
(12) Signs subject to SECTION 1114 of this Ordinance;
(13) Family day care home, not operated within a private dwelling, group day care home, or day
care center;
(14) Multiple family dwellings with greater than forty-eight (48) living units;
(15) Parking lots.
705.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RMH
Multi -Family Residential High Density District.
705.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RMH
Multi -family Residential High Density District.
705.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be five thousand (5,000) square feet;
(2) The minimum lot area for multiple family dwelling units : (2) to (6) units = three thousand
(3,000) square feet per unit. Each additional unit shall be one thousand five hundred (1,500) square
City of Blair Zoning Regulations Article 7, Section 705, page 2
feet per unit.
(3) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac or
loop street.
(4) The minimum width of each lot shall be sixty (60) feet.
(5) Each lot shall have a depth of not less than eighty (80) feet.
(6) 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.
705.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one hundred (100)
feet from the center line of a Federal Aid Primary or Federal Aid Secondary designated street or
highway or thirty five (35) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than a depth of fifteen (15) feet from the
property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure is other than a single family dwelling and the site abuts a
residential district without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yards of a principal structure shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. A side yard providing access to more than one dwelling unit shall be not less than ten
(10) feet.
c. The minimum side yard shall be nine (9) feet for any site adjacent to a RL Residential
Low Density District.
d. Attached garages 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.
e. The side yard requirements as set forth herein shall not apply to the common fire walls
and the line thereof extended to the front and rear property lines of attached single family
dwellings or town houses.
(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
City of Blair Zoning Regulations Article 7, Section 705, page 3
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.
705.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES: In
addition to any other minimum yard requirements, no structure shall be installed or constructed in
violation of section 1110.5 of this Zoning Ordinance.
705.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed seventy (70)
percent of the total lot area.
705.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (3 5) feet for
the main structure. The size limitations for accessory structures shall be subject to the provisions of
SECTION 1103 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair,
Nebraska.
705.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided
herein and with the provisions of SECTION 1114 of this Ordinance.
705.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
the provisions of Section 204 of this Ordinance.
705.125 DRIVEWAYS: Driveways shall be paved as per section 303.01(51.5).
(END OF SECTION)
City of Blair Zoning Regulations Article 7, Section 705, page 4
owj 1�zz
2't76
SECTION 1103 ACCESSORY BUILDINGS AND USES
1103.01 USE FOR DWELLING: Accessory buildings shall not be used for dwelling purposes
unless specifically permitted.
1103.02 SIZE LIMITATIONS
Accessory buildings are intended to remain secondary in nature to the primary building or
structure on the land or tract of land in which they are located. Accessory buildings in all
Residential Districts (does not include AGG) shall meet the following additional requirements:
The maximum number of accessory buildings shall be limited to two (2) structures.
For lots of at least 10 acres, grandfathered accessory buildings which existed prior to
2001 may be replaced with a similar -sized accessory building, or several
grandfathered accessory buildings may be removed and replaced with a single
accessory building of similar total size.
2. No accessory building shall be located between the front building line of the principle
building and the front property line, except:
A) In RRE Districts 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. All accessory buildings must meet front yard setback
requirements.
B) In RL Districts on lots of forty-five thousand (45,000) square feet or greater 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. All accessory buildings must meet front yard setback requirements.
A) For lots that are 10,000 square feet or smaller, the maximum combined total
square footage of all accessory buildings shall not exceed the greater of:
1) Fifty (50) percent of the total square footage of the primary building's ground
coverage area (area calculated at the exterior of the building at ground level).
2) Eight hundred and sixty four (864) square feet.
B) For lots larger than 10,000 square feet but less than 2 acres, the maximum
combined total square footage of all accessory buildings shall not exceed the
greater of:
1) Fifty (50) percent of the total square footage of the primary building's ground
coverage area (area calculated at the exterior of the building at ground level)
2) Eight hundred and sixty-four (864) square feet plus one (1) percent of the lot
size above 10,000 square feet, not to exceed twelve hundred (1,200) square
feet.
C) For lots of at least 2 acres but less than 5 acres, the maximum combined total
square footageof all accessory buildings shall not exceed twenty-four hundred
(2,400) square feet.
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 1
D) For lots of at least 5 acres, the maximum combined total square footage of all
accessory buildings shall not exceed thirty-two hundred (3,200) square feet.
1) In RRE District on lots of at least 5 acres, the maximum combined total
square footage of all accessory buildings shall not exceed six thousand
(6,000) square feet.
4. The combined total square footage area of the primary and accessory buildings shall
not exceed the maximum allowable Lot Coverage Area as allowed by the zoning
classification in which the buildings are located.
5. The maximum allowable height of an accessory building, at its highest point, shall be
the greater of: a) The height of the primary structure or the maximum height allowed
in the base zoning district, whichever is less, or b) Twenty (20) feet. For purposes of
this provision, height shall mean vertical distance measured from the average
elevation of the finished grade of the building to the highest point of the building. _
6. No accessory structure shall be constructed without a primary building or structure.
No accessory building shall remain if the primary structure is removed or demolished,
except with the approval of a conditional use permit upon lots where construction of a
primary building or structure is prohibited. The conditional use permit may include
but not be limited to requirements for additional setback, landscaping, screening, etc.
All accessory buildings must meet front yard setback requirements.
1103.03 VEHICLE ACCESS: Unless otherwise specifically permitted, any accessory building
requiring vehicle access from an alley way shall be located a minimum of fifteen (15) feet from
the rear property line.
1103.04 ATTACHED ACCESSORY USE: Any accessory attached to the principle building
shall be considered as a part of the principle building and shall meet the same requirements as
specified for the principle building in said district.
1103.05 FIRE HAZARDOUS ACCESSORY USES: No accessory use shall be located within
ten (10) feet of a residential dwelling that creates a fire hazard or would subject the residential
structure to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid
storage, etc.
1103.06 CAR PORTS: Car ports are not considered structures. Car ports can not be use for
storing anything but cars and pickups.
SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A
LOT
In any zoning district except AGG, RRE, RL, RM, RML and RMH, more than one (1) structure
housing a permitted or permissible principal use may be erected on a single lot, provided that
yard and other requirements of this Ordinance shall be met for each principal structure as though
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 2
it were on an individual lot.
SECTION 1105 EXCEPTIONS TO HEIGHT REGULATIONS
The height limitations contained in this Ordinance shall not apply to spires, belfries, cupolas,
antennas, water tanks, ventilators, domes, chimneys, grain elevators and accessory agricultural
structures.
SECTION 1106 STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved with the exception of nonresidential agricultural
related structures in A Agricultural zoned districts, shall be on a lot adjacent to a public. or
approved private street and all structures shall be so located on lots as to provide safe and
convenient access for servicing, fire protection and required off-street parking.
SECTION 1107 UTILITY AND LOT AREA REQUIREMENTS FOR RESIDENTIAL
STRUCTURES
1. It shall be unlawful to occupy a residential structure or any building for living purposes that
does not have an approved waste disposal system.
2. No waste absorption field (septic tank, cesspools, etc.) shall be constructed any closer than
twenty-five (25) feet from any adjacent property line.
3. There shall be no waste absorption field located closer than fifty (50) feet from any other
residential structure.
4. There shall be no waste absorption field located closer than fifty (50) feet from a water well
provided; however, where geology and subsurface conditions and topography would indicate that
seepage could reach the well supply, a greater distance shall be required.
5. An individual residential waste absorption field shall contain a minimum of ten -thousand
(10,000) square feet, exclusive of the area required by structure. The entire tract shall contain
not less than twenty -thousand (20,000) square feet. If tract is less than two (2) acres, public
water must be available.
SECTION 1108 TEMPORARY STRUCTURES
Temporary structures incidental to construction work, but only for the period of such work, are
permitted in all districts; however, basements and cellars shall not be occupied for residential
purposes until the building is completed.
SECTION 1109 CARETAKERS QUARTERS
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 3
Caretaker's quarters are permitted in all districts, if included in the principle structure, providing
said use is incidental to the principal use.
SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE-
MENTS
1. In all districts except A/ML and A/MH, where forty (40) percent or more of the frontage on
one (1) side of a street between the nearest boundary lines of two (2) intersection streets, within
the same zoning district, is developed with buildings that have established, with a variation of
five (5) feet or less, a front yard of greater or lesser depth than herein required, new buildings
shall be erected no closer to the street right-of-way than the average front yard setback line
established by such existing buildings.
2. In all; districts except A/ML and A/MH, where forty (40) percent or more of the lots are
developed with buildings or attached decks that have established, with a variation of five (5) feet
or less, a rear yard of lesser depth than herein required, new attached decks may be erected with
a rear yard of lesser depth than herein required, not to exceed the average rear yard setback line
established by such existing buildings or attached decks.
3. In the A/ML and A/MH districts, the City Council may, upon recommendation of the
Planning Commission, grant a Conditional Use Permit that would allow a front yard set back
different than herein required, if:
a. forty percent (40%) or more of the frontage on one side of the street between the
nearest boundary lines of two (2) intersecting streets, and for a distance of one block
in either direction, is developed with buildings that have established, with a variation
of five feet (5') or less, a front yard of greater or lesser depth than herein required:
b. the entire two block area is within the same zoning district;
c. the front yard of less depth than required would have no deleterious effect on the
value of adjacent property and would pose no threat to health or safety; and
d. said lot does not front upon a Federal Aid -Primary, Federal Aid -Secondary, or State
highway.
Such Conditional Use Permit shall allow new buildings to be erected to closer to the street right-
of-way than the average front yard setback line established under the provisions of 2(a)
immediately herein above.
4. Where two (2) lots are under common ownership and have been permanently appended to
each other by an agreement in writing by the owner thereof, running with the land and binding
upon the heirs, personal representatives, successors, and assigns of such owners, which provides
that such lots or portions of lots are permanently appended (meaning that they may not be
conveyed without the other in a simultaneous transaction to the same grantee); for the
determination of minimum front, rear, and side yard requirements, the outer boundary of such
lots shall be considered the lot line for establishing set back requirements, and no setback from
any internal lot lines, separating such permanently appended lots, shall be required.
SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 4
No person shall be granted a permit for the construction of any structure, bank stabilization
structures, poles, and sign structures adjacent to any creek or watercourse unless such structure is
located so that no portion thereof is any closer to the creek or watercourse than will allow a
maximum three -to -one slope plus 20 feet between the water's edge of the creels or watercourse.
"Water's edge" shall be deemed to be that point constituting the edge of the water during normal
flow conditions.
A property shall be exempt from the provisions of this Section upon an application filed by the
property owner supported by a showing by a registered professional engineer that adequate bank
stabilization structures or slope protection will be installed in the construction of said structure,
having an estimated useful life equal to that of the structure, which will provide adequate erosion
control conditions coupled with adequate lateral support so that no portion of said structure
adjacent to the stream Will be endangered by erosion or lack of lateral support. In the event that
the structure is adjacent to any stream which has been channelized or otherwise improved by any
agency of government, then such certification providing an exception to this Section may take
the form of a certification as to the adequacy and protection of the improvements installed by
such governmental agency.
SECTION 1111 PARKING REGULATIONS
1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT: No
major recreational equipment as defined in SECTION 303.01 shall be used for living, sleeping,
or housekeeping purposes when parked or stored on a residential lot or in any location not
approved for such use, except such use shall be permitted on a temporary basis for a period of
not to exceed seventy-two (72) hours.
1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or
trailers of any kind or type without current license plates shall not be parked or stored in any R
Residential District other than in completely enclosed buildings. Abandoned automobiles shall
be removed in accordance with SECTION 5-411 of the Blair Code.
1111.03 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS: Off -
Street motor vehicle parking and loading space shall be provided on any lot on which any of the
indicated structures and uses are hereafter established. Such space as defined in SECTION
303.01 of this Ordinance shall be provided with vehicular access to a street or an alley. A
required loading space shall include a ten (10) foot by fifty (50) foot space with a minimum of
fourteen (14) feet of height clearance. The loading space shall be located as to avoid undue
interference with public use of streets, alleys and walkways. Minimum off-street parking and
loading requirements, which shall be set forth in the Schedule of Minimum Off -Street Parking
and Loading Requirements, hereby adopted by reference and declared to be a pat of this
Ordinance. If minimum off-street parking required in said schedule cannot be reasonably
provided on the same lot on which the principal structure or use is conducted the City Council,
after recommendation from the Planning Commission, may permit such space to be provided on
other off-street property, provided that such space lies within two hundred (200) feet of the
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 5
entrance to such principal structure or use.
1111.04 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING
REQUIREMENTS:
Structures and Uses
Minimum Off -Street
Minimum Off -Street
Parking Regulations
Loading Requirements
Auto Repair Garage
1 space per 500 sq. ft. of gross
1 space per establishment
floor area
Structures and Uses
Minimum Off -Street
Minimum Off -Street
Parking Regulations
Loading Requirements
Bowling Alleys
4 spaces per alley
1 space per establislunent
Car and Truck Sales
1 space per 500 sq. ft. of gross
1 space per establishment
floor area
Contractor Yard
1 space per 500 sq. ft. of gross
1 space per establishment
floor area
Educational Uses, Nursery
and Primary
Educational Uses, All Others
Funeral Homes and Chapels
Hospitals
Hotels
Industrial Uses
Libraries
Lodging and Boarding Houses
Medical Clinics
Mobile Home Park
Motels
Offices and Office Buildings
Private Clubs and Lodges
Parking spaces equal to 20%
of capacity in students
Parking spaces equal to 40%
of capacity in students
8 spaces per reposing room
1 space per 2 beds
1 space per 2 rental units
1 space per 2 employees on
largest shift
2 spaces per structure
2 spaces per structure
2 spaces per establishment
3 spaces per structure
1 space per establishment
2 spaces per establishment
1 space per 500 sq. ft. on floor 1 space per structure
area
1 space per 2 rental units
5 spaces per staff doctor or
dentist
2 spaces per dwelling unit
1 space per rental unit
1 space per 300 sq. ft. of gross
floor area
1 space per 500 sq. ft. of floor
area
None required
None required
None required
None required
None required
1 space per establishment
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 6
Residential Structures
(multi -family)
Residential Structures (multi-
family), occupants are 65
years of age and older
2 spaces per dwelling unit * None required
1 1/2 spaces per dwelling unit * None required
(* Enclosed parking garages are not counted as parking spaces)
Structures and Uses Minimum Off -Street Minimum Off -Street
Parldng Regulations Loading Requirements
Residential Structures (two- 2 spaces per dwelling unit None required
family)
Residential Structures
(single-family)
Residential Structures
(attached single-family)
Retail Sales Establishments
Roadside Stands
Sanitariums, Convalescent,
and Rest Homes Services
Service Establishments
Theaters, Auditoriums and
Places of Assembly
Veterinary Establishments
Wholesaling and Distributing
Operations
2 spaces per dwelling unit None required
2 spaces per dwelling unit None required
1 space per 200 sq. ft, of gross 1 space per establislunent
floor area
4 spaces per establishment
1 space per 3 beds, plus 1
space per employee on the
largest shift
1 space per 200 sq. ft. of gross
floor area
1 space per 5 people in
designed capacity
3 spaces per staff doctor
1 space per 2 employees on
largest shift
SECTION 1112 MOBILE HOME REGULATIONS
Rescinded in its entirety on March 8, 2005 - Ordinance No. 2022
SECTION 1113 CAMPGROUNDS
None required
1 space per establishment
1 space per establishment
1 space per establishment
None required
2 spaces per establishment
A campground may be established in specified districts according to the procedures for granting
an exception, provided that the proposed campground meets all of the following requirements:
City. of Blair Zoning Regulations Article 11, Sections 1103-1113, page 7
1. A campground shall have an area of not less than one (1) acre, nor more than five (5) acres,
and no camping unit or service structure shall be closer to a street/road/highway right-of-way or
other property line than twenty-five (25) feet;
2. A campground shall provide minimum facilities including central travel trailer sanitary and
water stations, toilets and refuse containers;
3. Certification of compliance with all ordinances and regulations regarding zoning, health,
plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations
shall be a prior requirement for granting said exception;
4. Individual camping units, other than tents, shall have a lot area of not less than seven hundred
fifty (750) square feet and the total number of units per gross acre shall not exceed twenty (20);
5. Individual tent camping units shall be located in separate areas designated for tent camping;
6. The layout of the campground shall be such that "destruction" of the natural vegetation and
topography of the area is minimized;
7. A request for an exception shall set forth the location and legal description of the proposed
campground property and a sketch of the proposed campground showing dimensions, roads,
parking stations, location of services and any other buildings or improvements;
8. Licensing of campgrounds shall be completed in accord with SECTION 10-602 and 10-603
of the Blair City Code.
(END OF SECTION)
City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 8