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20011023OR1938ORDINANCE NO. 1938 AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA: 303.01(2) ACCESSORY BUILDING PLACEMENT; 303.01(24) BUILDING SETBACK LINE; 701.13 ADDITIONAL PAVING AND OTHER IMPROVEMENT; 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 (2) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to-wit: "Section 303.01(2) ACCESSORY USE OR BUILDING: A subordinate building or use which customarily is incidental to that of the main or principal building or use of the premises Customary accessory uses include but are not limited to, tennis courts, swimming pools, detached garages, air conditioners, garden houses, children's play houses, barbecue ovens, fire places, patios and residential storage shed. 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." SECTION 2 Section 303.01(24) of the Comprehensive Zoning Ordinances of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "Section 303.01 (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 in- stance 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, : (1) An uncovered structure not more than Thirty (30) square feet in area with the base or floor of the uncovered structure Thirty (30) inches above the adjacent grade; (2) An uncovered stair or landing not extending more than Forty -Eight (48) inches from a building; or, (3) A ramp or other improvement required under the Americans with Disability Act (ADA)." SECTION 3 Section 701 of the Zoning Regulations of the City of Blair, Nebraska, is hereby amended to read as follows, to -wit: "SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT 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 Residential 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 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 Rules and Regulations (See Title 124 Chapter 4 of the DEQ Regulations as amended from time to 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." SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. 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 23rd day of October, 2001 CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TAYLOR/ ITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY ) )ss 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 23rd day of October, 2001. &(.."Le_A / ' BRENDA R. TAYLOR, CIT CLERK