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19971209OR1828ORDINANCE NO. 1828 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, BY REPEALING SECTION 303.01 (144) AND ADOPTING NEW PROVISIONS PERTAINING TO THE DEFINITION OF A STRUCTURE, 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: SECTION 1. Section 303.01 (144) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby repealed and revoked in its entirety. SECTION 2. The Comprehensive Zoning Ordinances of the City of Blair, Nebraska is hereby amended to add the following provision: "Section 303.01 (144) STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures, street signs and outdoor areas such as paved areas, driveways or sidewalks ". SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication hereof as provided by law. Passed and approved this 9th day of December, 1997. ATTEST: () 2 cia(_-;—lx,-(-/-4 ALICE I. DIEDRICHSEN, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL A. MINES, MAYOR OE AL 0 FIRST CLASS _® o ,. m o ALICE I. DIEDRICHSEN, 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 December, 1997 ALICE I. DIEDRICHSEN, CITY CLERK (144) STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures, street signs and outdoor areas such as paved areas, driveways or sidewalks. (145) STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, 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. (146) STRUCTURE, TEMPORARY shall mean a structure which is readily movable. (147) 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. (148) 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. (149) 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 unnecessary 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. (150) 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. Blair Zoning Ordinance 28