19991109OR1891ORDINANCE NO. 1891
AN ORDINANCE AMENDING SECTION 608 OF THE SUBDIVISION REGULATIONS OF
THE CITY OF BLAIR, NEBRASKA, AND AMENDING SECTION 501, SECTION 701,
SECTION 702, SECTION 703, SECTION 704, SECTION 705, SECTION 801, SECTION 802,
SECTION 804, SECTION 901, SECTION 902, SECTION 1001, SECTION 1002, SECTION
1003, AND SECTION 1005 AND ADDING SECTION 1110.5 TO THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO PROVIDE FOR
ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES ADJACENT TO CREEKS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH,
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA, AS FOLLOWS:
SECTION 1. Section 608 "UTILITY AND DRAINAGE FACILITIES" of the Subdivision
Regulations of the City of Blair is hereby amended to add the following provisions, to -wit:
SECTION 608.075 SETBACK REQUIREMENTS - CREEKS/WATERCOURSES:
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 creek 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
creek/watercourse 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 or 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 2. Section 501 "AGG GENERAL AGRICULTURAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
501.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS /WATER L.-
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.
SECTION 3. Section 701 "RRE RURAL RESIDENTIAL ESTATE DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
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.
SECTION 4. Section 702 "RL RESIDENTIAL LOW DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
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.
SECTION 5. Section 703 ` EM RESIDENTIAL MEDIUM DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
703.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER L. /
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.
SECTION 6. Section 704 ` EML MULTI - FAMILY RESIDENTIAL LOW DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
704.085 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.
SECTION. 7. Section 705 "RMH MULTI - FAMILY RESIDENTIAL HIGH DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
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.
SECTION 8. Section 801 "ACH AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to -wit:
801.085 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.
SECTION 9. Section 802 "CCB CENTRAL BUSINESS DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
802.085 ADDITIONAL SE'IBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minims m yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 10. Section 804 "CL LIMT 1ED COMMERCIAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
804.075 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 1110.4 of this Zoning Ordinance.
SECTION 11. Section 901 "AIML AGRICULTURAL/LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
901.085 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.
SECTION 12. Section 902 "A/MI-I AGRICULTURAL/HEAVY INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
902.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS /WATER
COURSES: In addition to any other minimum yard requirements, no structure shall 7
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 13. Section 1001 "SHM MOBILE HOME DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1001.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 14. Section 1002 "SFP FLOOD PLAIN DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1002.085 ADDITIONAL SE'IBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback regi irements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 15. Section 1003 "SPD PLANNED DEVELOPMENT DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1003.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 16. Section 1005 "SMC SPECIAL MEDICAL COMPLEX DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1005.075 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made part shall be the additional setback requirements.
SECTION 17. Section 1110.5 is hereby added to the Comprehensive Zoning Ordinance of
the City of Blair to contain the following provisions, to -wit:
SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR
STRUCTURES ADJACENT TO CREEKS AND DRAINAGEWAYS
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 creek 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 int eh 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 cha,nnelized 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 18. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 19. This ordinance shall be in full force and effect from and following the passage
and publication hereof as required by law.
PASSED AND APPROVED this 9 day of November, 1999.
CITY OF BLAIR, NEBRASKA
B c /iiC_
� C •� L A. MINES, MAYOR
ATTEST:
BRENDA R. TAYLOR, CY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 9th day of
November, 1999.
BRENDA R. TAYLOR, CITE CLERK