20020108OR1942ORDINANCE NO. 1942
AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, 501.03 ADDING GOLF
COURSES; DRIVING RANGES; MOBILE HOME PARKS; CAMPGROUNDS; 501.05 -DUST
CONTROL ON BORROW PITS; 501.08 SIDE YARD; DELETING 703.04(12) BICYCLE SALE
AND REPAIR SHOPS ARE DELETED; 703.04(15) ADDING MORTUARY TO DEFINITION
OF FUNERAL HOME; 704.04(10) - ADDING MORTUARY TO DEFINITION OF FUNERAL
HOME; 705.04(11)- ADDING MORTUARY TO DEFINITION OF FUNERAL HOME; 801.02 -TO
ADD PERMITTED PRINCIPAL USES; 801.04 EXCEPTIONS IN CH HIGHWAY
COMMERCIAL DISTRICT; 801.05 CONDITIONS FOR GRANTING EXCEPTIONS IN CH
HIGHWAY COMMERCIAL DISTRICT; 801.13 - DELETING (2) AND REPLACING WITH
NEW (2)IN REGARD TO SCREENING; 802.02 - RETAIL STORES AND SERVICE
ESTABLISHMENTS; 802.03 PERMITTED ACCESSORY USES AND STRUCTURES;
DELETING 802.04; 802.05- CONDITIONS FOR GRANTING EXCEPTIONS CCB CENTRAL
BUSINESS DISTRICT; 802.08 MINIMUM YARD 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:
SECTION 1: Section 501.03 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, shall be amended to add the following conditional uses:
"(21) Golf Courses and Driving Ranges."
"(22) Mobile Home Parks, Campgrounds"
SECTION 2. Section 501.05 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit:
"Section 501.05 CONDITIONS FOR GRANTING EXCEPTIONS: The
requirements of ARTICLE 14 of this Ordinance and the following regulations shall
apply as minimum requirements for granting exceptions in the AGG General
Agricultural District.
1) Airport sites shall be so situated that the airport hazard area defined by the
Nebraska Department of Aeronautics shall not include any existing obstruction
regardless of public or private ownership of the airport.
(2) Any use involving a business, service or process not completely enclosed in a
structure, when located on a site abutting on or across a street or an alley from any
Residential District, shall be screened by a solid fence or masonry wall or a compact
growth of natural plant materials not less than six (6) feet in height if the Board finds
said use to be unsightly.
(3) Commercial feedlots are not allowed within one (1) mile of the City of Blair's
corporate limits. No commercial feedlot shall be located within one - thousand (1,000)
feet of an existing residential structure other than that of the owner, operator or
employee of the feedlot, nor shall a residential structure other than that of the owner,
operator, or employee be located within one - thousand (1,000) feet of an existing
feedlot.
(4) No salvage or wrecking yard shall be located within five - hundred (500) feet of any
public right -of -way or within one thousand (1,000) feet of any Residential District.
Salvage and wrecking yards shall be screened on all sides by a solid fence or masonry
wall or a compact growth of natural plant materials not less than eight (8) feet in
height.
(5) For borrow pits, the owner must submit grading plans(s) showing final grades,
amounts, and material to be removed, method and direction of hauling, sediment
control plan to restrict materials from washing onto or into public and /or private
property, final seeding specifications, proposed dust and other airborne debris control
plan, and a time table necessary for completion of the work.
(6) Borrow area containing 20,000 square feet or more must submit a grading plan
showing final grades, amount of material to be moved, a sediment control plan to
restrict materials from eroding from the property, seeding specifications, and a time
table necessary for completion of the work."
SECTION 3. Section 501.08 of the Comprehensive Zoning Regulations of the City
of Blair, Nebraska, is hereby amended to read as follows:
"501.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one
hundred twenty (120) feet from the center line of a Federal Aid - Primary or Federal
Aid - Secondary designated street or highway of fifty (50) feet from the property line,
whichever is greater. On all other streets or highways there shall be a minimum front
yard of not less than a depth of ninety (90) feet from the center line of the street or
highway or fifty (50) feet from the property line, whichever is greater; and further,
these yard requirements shall apply to any yard abutting a public street or highway
regardless of the lot being an interior or corner lot.
(2) Rear yard: There shall be a minimum rear yard of not less than a depth of fifty
(50) feet; provided, however, residential accessory structures and agricultural accessory
structures, other than those that are used for the rearing, breeding, sheltering, or
keeping of livestock or other animals, including, but not limited to, cattle, swine,
horses, sheep, goats, poultry, or domestic animals, may have a rear yard setback of not
less than twenty -five (25) feet.
(3) Side yard: There shall be a minimum side yard of not less than fifty (50) feet;
provided, however, residential accessory structures and agricultural accessory
structures, other than those that are used for the rearing, breeding, sheltering, or
keeping of livestock or other animals, including, but not limited to, cattle, swine,
horses, sheep, goats, poultry, or domestic animals, may have a side yard setback of not
less than twenty -five (25) feet.
SECTION 4. Section 703.04 (12) of the Comprehensive Zoning Ordinances of the
City of Blair, Nebraska, is hereby deleted in its entirety.
SECTION 5. Section 703.04 (15) of the Comprehensive Zoning Ordinances of
the City of Blair, Nebraska, is hereby amended to read as follows, to -wit:
" (15) Mortuaries, funeral homes and funeral chapels."
SECTION 6. Section 704.04 (10) of the Comprehensive Zoning Ordinances of the
City of Blair, Nebraska, is hereby amended to read as follows, to -wit:
"(10) Mortuaries, funeral homes and funeral chapels."
SECTION 7. Section 705.04 (11) of the Comprehensive Zoning Ordinances of the
City of Blair, Nebraska, is hereby amended to read as follows, to -wit:
"(11) Mortuaries, funeral homes and funeral chapels."
SECTION 8. Section 801.02 of the Zoning Regulations for the City of Blair, Nebraska,
is hereby amended to read as follows, to -wit:
"801.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall
be permitted as uses by right:
"(1) Retail and Service which provide services or supply commodities primarily for the
convenience of patrons traveling on state highways and major county road entrances to
the community including:
Agriculture, Horticultural (crop only)
Athletic complexes and health centers
Auditorium, exhibition hall, club
Automobile service stations
Barber, beauty, tanning and manicure shops
Bars, cocktail lounges or nightclubs
Boat sales and services
Bowling alley
Bus depots and transit stations
Business and professional offices and buildings
Car and truck sales, both new and used with full service and repairs
Car wash
Contract construction offices and services, when all materials are contained within the
walls of the building
Construction offices
Convenience stores with gasoline sales
Cleaning and laundry establishments
Farm implement and farm machinery fabrication, sales and service
Farm equipment and supplies, sales and service
Feed, grain, and fertilizer sales
Furniture stores
Garden and lawn supplies stores, nurseries and greenhouses
Hotels and motels
Ice cream and confectionery stores
Lumber and building materials
Mini storage units
Mobile home sales
Plumbing and heating services
Recreational vehicle sales and service
Rental and lease establishments, inside storage only
Repair garages
Restaurants, including drive -in restaurants
Service stations (gasoline) including dispersion of diesel fuel
and complete truck service
Soda fountains
Theaters
Veterinary services and small animal hospitals
(2) Any principal permitted use in the CCB - Central Business District as specified in
Section 802.02 if the total structure or building contains principal uses and structures
specified in Section 802.02 and such building or structure contains 7,500 square feet or
,,
more.
(3) Signs subject to SECTION 1114 of this Ordinance.
(4) Road side rest areas."
SECTION 9. Section 801.04 of the Zoning Regulations for the City of Blair, Nebraska,
is hereby amended to read as follows, to -wit:
"801.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions
have been fulfilled, the City Council may permit the following conditional uses as
exceptions in the CH Highway Commercial District in accordance with ARTICLE 14 of
this Ordinance.
(1) Amusement parks; carnivals, circuses, outdoor festivals and other transient
amusement enterprises; drive -in theaters; golf driving ranges; pony rings; and
skating rinks; miniature golf course;
(2) Churches and other religious institutions;
(3) Private clubs and lodges;
(4) Public buildings and grounds;
(5) Go -Cart race tracks.
(6) Overnight recreational vehicle parking areas limited to six spaces in conjunction
with another permitted use.
(7) Multi- family dwellings.
(8) Family day care home, group day care home, or day care center.
(9) Antennas and transmitting structures.
(10) Public Utility structures, services and facilities
(11) Any principal permitted use in the CCB - Central Business District as
specified in Section 802.02 if the total structure or building contains principal
uses and structures specified in Section 802.02 and such building or structure
contains less than 7,500 square feet.
(12) Rental and lease establishments, outside storage; provided however, no
rental or lease establishments for construction equipment shall be allowed."
SECTION 10. Section 801.05 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit:
"801.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of
ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting
exceptions in the CH Highway Commercial District.
(1) Where a site adjoins or is located across an alley from any R Residential District, a
solid wall or fence, vine covered open fence or compact evergreen hedge six (6) feet in
height shall be located on the property line common to such districts, except in a required
front yard.
(2) Open storage of materials attendant to a permitted use or conditional use shall be
permitted only within an area surrounded or screened by a solid wall or fence six (6) feet
in height, provided that no materials or equipment shall be stored to a height greater than
that of the wall or fence.
(3) No use shall be permitted and no process, equipment or materials shall be used which
are found by the Board to be objectionable to persons living or working in the vicinity by
reasons or odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried waste, noise,
vibrations, illumination, glare or unsightliness or to involve any hazard of fire or
explosion.
SECTION 11. Section 801.13 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby is hereby amended to read as follows, to -wit:
801.13 SCREENING REQUIREMENTS. Screening pursuant to this section shall be
required between the CH - Highway Commercial District and any residential district
except when there is a distance of not less than two hundred feet (200') from any residen-
tial structure in the residential district and any building, parking area, or any other
construction or improvement except landscaping in the CH - Highway Commercial
District. Screening pursuant to this section shall be required only at such time a building
permit is obtained for improvements in the CH - Highway Commercial District, and the
value of the improvements listed on said building permit is equal to or greater than 20%
of the assessed valuation of the CH - Highway Commercial property being so improved.
(1) The screening shall consist of a solid or semi solid fence or wall at least six (6) feet
in height or hedges, shrubs, trees, or other living landscape which effectively provides
a solid, dense, and opaque mass, and shall be not less than six (6) feet in height or
by planting vegetation which shall reach a height of not less than six (6) feet within
three (3) years.
(2) Landscaping - Required front and rear yards shall be landscaped. A landscaping plan
shall be submitted contemporaneously with the building permit application. The
landscaping shall be approved by the City Administrator.
(3) Said screening shall not be required where the CH - Highway Commercial District and
residential district are divided by a street or alley with a right of way not less than fifty
(50) feet in width.
(4) Said screening requirement shall not be required where the wall of any building is
not greater than five (5) feet from the set back requirement within the CH - Highway
Commercial District, and there are no windows or other openings except for doors for
emergency purposes only.
(5) In the event hedges, shrubs, trees or other living land -scape is used for the screening
one (1) break or opening in the screen not more than twenty (20) feet in width shall
be permitted per business or use within the CH - Highway Commercial District
unless the business or use has direct alley access from the business property without
such break."
SECTION 12. Section 802.02 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby is hereby amended to read as follows, to -wit:
"802.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be
permitted as uses by right:
(1) Business offices;
(2) Professional offices;
(3) Retail stores and service establishments which supply commodities or provide services
primarily to meet the needs of residents of the trade area including:
Antique stores.
Apparel and accessory stores.
Art galleries.
Art supply and picture framing stores.
Automobile parts and supply stores; provided that no repair or
installation service is performed on site; and further provided
that no goods shall be stored or displayed for sale outside of
the building.
Bakeries.
Banks, including drive -in banks and other lending agencies.
Barber and beautician services.
Beer, wine and alcoholic beverage establishments, on and off sale.
Bicycle shops.
Bookstores, rental libraries and reading rooms.
Bus depots and transit stations, provided that buses or other transit vehicles shall not be
stored, serviced or repaired on site.
Business office.
Camera, photographic supply stores.
Civic, social and fraternal associations.
Community buildings owned by public agencies.
Confectionery stores.
Convenience stores, with sale of gasoline, provided that no repair
service is performed on site.
Computer sales and service.
Cleaning and laundering drop -off /pick -up stores, provided that cleaning and laundering is
not conducted on these premises.
Clothing and costume rental establishments.
Credit services, including loan offices.
Dental services.
Detached ATM banking facility.
Department stores.
Drapery, curtain and upholstery stores.
Drug and proprietary stores.
Eating places, indoor and outdoor.
Electrical appliance sales and repair stores.
Employment agencies.
Food stores, general retail.
Florist shops.
Furniture and home furnishings stores.
Garden supply stores and nurseries, provided that all equipment, supplies, merchandise and
plants, shall be kept within a completely enclosed building provided that fertilizer of any
type shall be stored and sold in packaged form only.
Gift, novelty and souvenir stores.
Hardware retail stores.
Health food stores.
Hobby and craft supply stores.
Hotels, motels and apartment hotels.
Household appliance and sales and repair shops.
Interior decorating shops.
Jewelry stores, including clock and watch repairing.
Laundry, self - service and cleaning establishments.
Leather goods and luggage stores.
Locksmiths.
Mail order businesses, retail and wholesale.
Massage and physical culture studios.
Medical and orthopedic appliance stores.
Music stores.
Music and dance studios.
Newspaper, printing and engraving shops.
Newsstands and magazines stores.
Office building.
Office furniture and supplies, retail stores.
Office supply and business machine stores.
On -site signs, in accordance with provisions of section 1114.
Paint, glass and wallpaper stores, retail.
Parcel delivery services.
Parking lots, parking garages and other off - street parking facilities.
Pet and pet supplies stores.
Personnel and professional services.
Professional offices.
Photography studios.
Printing and engraving services.
Plumbing, heating and ventilating equipment showrooms with storage of floor samples
only.
Radio and television broadcast studios.
Recreation centers, indoor only.
Sales and showrooms, including rental of equipment, provided all displays and
merchandise are within the enclosed walls of the buildings.
Savings and loan associations.
Secondhand stores and pawnshops.
Secretarial, service and letter shops.
Shoe repair services.
Shoe sales, retail.
Signs, and outdoor advertising structures in accordance with provisions of SECTION
1114 of this Ordinance.
Sporting goods, retail and wholesale.
Stamp and coin stores.
Stationary stores.
Stores or shops for the sale of retail goods.
Tailor and dressmaking shops.
Telephone and telegraph exchange services.
Theaters, auditoriums, and assembly rooms.
Travel and tour agencies.
Utility offices and administrative services.
Variety stores."
SECTION 13. Section 802.03 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby amended to read as follows:
"802.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following
accessory uses and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and
structures and to uses and structures permitted as exceptions.
SECTION 14. Section 802.04 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby amended to read as follows:
"802.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions
have been fulfilled, the City Council may permit the following conditional uses as
exceptions in the CCB Central Business District in accordance with ARTICLE 14 of
this Ordinance.
(1) Electrical distribution substations and gas regulator stations;
(2) Public parks;
(3) Private clubs and lodges;
(4) Public buildings and grounds;
(5) Single family dwellings residential uses (the minimum off street parking and
loading requirements of Section 1111 may be waived for good cause shown);
(6) Multi - family residential uses (the minimum off street parking and loading
requirements of Section 1111 may be waived for good cause shown);
(7) Other trade and service uses which are similar to the permitted principal uses and
which are in harmony with the intent of this district."
SECTION 15. Section 802.05 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby amended to read as follows:
"802.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE
14 of this Ordinance shall apply as minimum requirements for granting exceptions in the
CCB Central Business District:
(1) Where a site adjoins or is located access an alley from any R Residential District, a
solid wall or fence, vine - covered open fence or compact evergreen hedge six (6) feet in
height shall be located on the property line common to such districts, except in a required
front yard.
(2) Open storage of materials attendant to a permitted use or conditional use shall be
permitted only within an area surrounded or screened by a solid wall or fence six (6) feet
in height, provided that no materials or equipment shall be stored to a height greater than
that of the wall or fence.
(3) All business, services and processes shall be conducted entirely within a completely
enclosed structure, except for off - street parking and off - street loading areas, convenience
stores, outdoor dining areas, garden shops, Christmas tree lots, bus depot and transit
stations, and electric distribution substations.
(4) No use shall be permitted and no process, equipment or materials shall be used
which are found by the Board to be objectionable to persons living or working in the
vicinity by reason or odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried
waste, noise, vibrations, illumination, glare, or unsightliness or to involve any hazard of
fire or explosion."
SECTION 16. Section 802.08 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit :
"802.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: No limitations; provided that where a lot is abutting on property in
any R Residential District and fronting on the same street, there shall be a
minimum front yard of ten (10) feet.
(2) Rear yard: The minimum rear yard abutting a R Residential District shall be ten
(10) feet.
Side yard: The minimum side yard abutting a R Residential District shall be ten
(10) feet.
SECTION 17. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 18. 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 8th day of January, 2002
CITY OF BLAIR, NEBRASKA
(3)
(SEAT,)
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 8 day
January, 2002.
BRENDA R. TAYLOR, Y CLERK