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20000523OR1901ORDINANCE NO. 1901 AN ORDINANCE AMENDING SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIREMENTS OF ORDINANCE NO. 1798 TO CHANGE THE SET BACK FRONTAGE REQUIREMENT WHERE FORTY PERCENT OR MORE OF EXISTING BUILDING FRONTAGE IS REQUIRED TO ESTABLISH THE ADJUSTMENT TO THE SET BACK REQUIREMENTS; 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 1110 "ADJUSTMENTS TO FRONT, REAR AND SIDE YARD REQUIREMENTS" of Ordinance No. 1798 is hereby amended in its entirety to read as follows, to- wit: "SECTION 1110 ADJUSTMENTS TO FRONT, REAR AND SIDE YARD REQUIREMENTS 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) intersecting 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 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 setback 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 herein required would have no deleterious effect on the value of adjacent property and would pose no threat to health or safety; and SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 23 day of May, 2000. CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLOR, CIT j CLERK (SEAL) 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 no closer to the street right -of -way than the average front yard setback line established under the provisions of 2(a) immediately herein above. 3. Where two (2) lots are under common ownership and have been permanently appended to each other by an agreement in writing by the owners 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. 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 City Council of said city held on the 23' day of May, 2000. BRENDA R. TAYLOR, C!TY CLERK