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19990914OR1887ORDINANCE NO. 1887 AN ORDINANCE AMENDING SECTION 1102 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, DEFINING RESTRICTIONS ON TYPES OF FENCES; 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 1102 FENCES, WALLS AND HEDGES of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to contain the following provisions: SECTION 1102 FENCES, WALLS AND HEDGES Fences; Walls and Hedges: Notwithstanding other provisions of this ordinance, fences, walls and hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one half (3 1 /2) feet in height. Additionally, no fence, wall or hedge shall exceed 2 1 /2 feet in height when located within the sight triangle of a comer lot. The following regulations shall apply to the construction of fences. 1) No solid fence shall be constructed closer to the street than the front property line. If sidewalk is located within the front yard, no fence shall enclose the sidewalk nor shall a fence be constructed nearer than six inches (6 ") to the sidewalk. 2) No fence erected in a required front yard shall materially obstruct public View. No component of a front yard fence shall exceed three and one half feet (3 V')in height, nor shall any structural member exceed thirty six inches (36 ") in area, as measured using the horizontal cross section. 3) No fence shall be constructed which will constitute a traffic hazard as identified in the sight triangle of a comer lot (See Section 1101). 4) No fence constructed in the second front yard of a comer lot shall exceed forty eight inches (48 ") in height. For purposes of this Section, the "second front yard" shall be deemed to be in the area extending from the front corner of the house to the rear lot line on the side of the lot immediately adjacent to a City street. 5) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance (examples of hazardous or dangerous fences shall be wire strand fences such as electrical conduit wire fences, barbed wire fences, chicken wire fences, etc.). Permitted types of fences shall include chain link fencing, wood fencing (including split rail), wrought iron, plastic, vinyl or other ornamental fencing. 6) No fence within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet. 7) All fences shall conform to the construction standards of the building code and other ordinances. 8) In commercial and industrial districts, maximum height of fences shall be six (6) feet; provided, however, if industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his/her discretion may allow greater heights. 9) All fences or parts thereof which are solid shall be constructed so that all posts, braces, stringers, and all other structural members face to the interior of the lot or parcel being fenced. 10) Effective from and after July 1, 1998, the Rules and Regulations of the Uniform Building Code pertaining to confinement and fencing of outdoor pools shall be in effect and shall be enforced. 11) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing or of similar material as the remainder of the fence. Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair and which is included in the General Agricultural Zoning District or the Rural Residential Estate Zoning District shall be exempt from the fence, wall and hedge requirements set forth hereinabove in this Section. SECTION 2, 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 following the passage and publication hereof as required by law. PASSED AND APPROVED this 14 day of September, 1999. ATTEST: (SEAL) BRENDA R. TAYLOR, CItY CLERK STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA MICHAEL MINES, MAIOR 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 14 day of September, 1999. BRENDA R. TAYLOR, CITY CLERK SECTION 1102 FENCES, WALLS AND HEDGES Fences; Walls and Hedges: Notwithstanding other provisions of this ordinance, fences, walls and hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one half (3 1/2) feet in height. Additionally, no fence, wall or hedge shall exceed 2 1/2 feet in height when located within the site triangle of a corner lot. The following regulations shall apply to the construction of fences. 1) No solid fence shall be constructed closer to the street than the front property line. If sidewalk is located within the front yard, no fence shall be closer than 6 inches to the sidewalk. 2) No fence erected in a required front yard shall materially obstruct public view. No component of a front yard fence shall exceed 3 ' /2' feet in height, nor shall any structural member exceed thirty six inches (36 ") in area, as measured using the horizontal cross section. 3) No fence shall be constructed which will constitute a traffic hazard as identified in the site triangle of a corner lot (See Section 1101). 4) No fence constructed in the second front yard (the side yard abutting the street) of a corner lot shall exceed forty eight inches (48 ") in height. 5) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance (examples of hazardous or dangerous fences shall be wire strand fences such as electrical conduit wire fences, barbed wire fences, chicken wire fences, etc.). Permitted types of fences shall include chain link fencing, wood fencing (including split rail), wrought iron, plastic, vinyl or other ornamental fencing. 6) No fence within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet. 7) All fences shall conform to the construction standards of the building code and other ordinances. Blair Zoning Ordinance 104 6/1998 8/1999 9/1999 8) In commercial and industrial districts, maximum height of fences shall be six (6) feet. Except, when industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his/her discretion may allow greater heights. 9) All fences or parts thereof which are solid shall be constructed so that all posts, braces, stringers, and all other structural members faced to the interior or the lot or parcel being fenced. 10) Effective from and after July 1, 1998, the Rules and Regulations of the Uniform Building Code pertaining to confinement and fencing of outdoor pools shall be in effect and shall be enforced. 11) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing or of similar material as the remainder of the fence. Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair and which is included in the General Agricultural Zoning District or the Rural Residential Estate Zoning District shall be exempt from the fence, wall and hedge requirements set forth hereinabove in this Section. SECTION 1102.01 SATELLITE DISHES, TELEVISION ANTENNAS, WIND GENERATORS Satellite dishes over twenty (20) inches in diameter, television antennas, and wind generators shall not be located in the front, other street yard or side yard, but may be located in the rear yard if they are at least five (5) feet from the side lot line, ten (10) feet from the rear lot line, and on corner lots they shall be set back the full required front yard set -back on the other street yard frontage. If these structures are located on top of the main structure, they must meet the minimum set -backs for the district. If these structures are to be located on a double frontage lot, they may be located in the front yard which is opposite of the direction which the majority of the residential structures in the block face as long as they are at least twenty (20) feet from the street right -of -way and five (5) feet from the side lot line. Blair Zoning Ordinance 105 6/1998 8/1999 9/1999 SECTION 1102 FENCES, WALLS AND HEDGES Fences; Walls and Hedges: Notwithstanding other provisions of this ordinance, fences, walls and hedges may be permitted in any. required yard, provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over three and one half (3 1/2) feet in height. Additionally, no fence, wall or hedge shall exceed 2 1/2 feet in height when located within the site triangle of a corner lot. The following regulations shall apply to the construction of fences. 1) No solid fence shall be constructed closer to the street than the front property line. If sidewalk is located within the front yard, no fence shall be closer than 6 inches to the sidewalk. 2) No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link or other similar material. No component of a front yard fence shall exceed 3 feet in height, nor shall any structural member exceed thirty six inches (36 ") in area, as measured using the horizontal cross section. 3) No fence shall be constructed which will constitute a traffic hazard as identified in the site triangle of a comer lot (See Section 1101). 4) No fence constructed in the second front yard (the side yard abutting the street) of a comer lot shall exceed forty eight inches (48 ") in height. 5) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance. 6) No fence within Residential Districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet. 7) All fences shall conform to the construction standards of the building code and other ordinances. 8) In commercial and industrial districts, maximum height of fences shall be six (6) feet. Except, when industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his /her discretion may allow greater heights. Blair Zoning Ordinance 104 6/1998 8/1999 9) All fences or parts thereof which are solid shall be constructed so that all posts, braces, stringers, and all other structural members faced to the interior or the lot or parcel being fenced. 10) Effective from and after July 1, 1998, the Rules and Regulations of the Uniform Building Code pertaining to confinement and fencing of outdoor pools shall be in effect and shall be enforced. 11) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing or of similar material as the remainder of the fence. Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair and which is included in the General Agricultural Zoning District or the Rural Residential Estate Zoning District shall be exempt from the fence, wall and hedge requirements set forth hereinabove in this Section. Blair Zoning Ordinance 105 6/1998 8/1999 SECTION 1102.01 SATELLITE DISHES, TELEVISION ANTENNAS, WIND GENERATORS Satellite dishes over twenty (20) inches in diameter, television antennas, and wind generators shall not be located in the front, other street yard or side yard, but may be located in the rear yard if they are at least five (5) feet from the side lot line, ten (10) feet from the rear lot line, and on corner lots they shall be set back the full required front yard set -back on the other street yard frontage. If these structures are located on top of the main structure, they must meet the minimum set -backs for the district. If these structures are to be located on a double frontage lot, they may be located in the front yard which is opposite of the direction which the majority of the residential structures in the block face as long as they are at least twenty (20) feet from the street right -of -way and five (5) feet from the side lot line.