20020122OR1940ORDINANCE NO. 1940
AN ORDINANCE AMENDING THE FOLLOWING PROVISIONS OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA: 804.04 EXCEPTIONS CL
LIMITED COMMERCIAL DISTRICT; 804.05 - CONDITIONS FOR GRANTING EXCEPTIONS
IN CL LIMITED COMMERCIAL DISTRICT; 901.02 ADDITIONS TO PERMITTED
PRINCIPAL USES AND STRUCTURES; 901.05 - CONDITIONS FOR GRANTING
EXCEPTIONS ML LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT; 902.02
PERMITTED PRINCIPAL USES ACCEPTABLE EXCEPT IF LOCATED WITHIN 500 FEET
OF RESIDENTIAL DISTRICTS; 902.03 PERMITTED ACCESSORY USES AND
STRUCTURES; 902.05 - CONDITIONS FOR GRANTING EXCEPTIONS MH HEAVY
INDUSTRIAL AND MANUFACTURING DISTRICT; 1102 - REFERENCE TO
INTERNATIONAL BUILDING CODE; 1103.02 (1) AND (2) REFERENCE TOTAL SQUARE
FOOTAGE FOR ACCESSORY BUILDINGS; GOLF COURSES ADDED; PROFESSIONAL
HEALTH CARE ADDED UNDER MEDICAL CLINICS; MORTUARY ADDED TO FUNERAL
HOMES AND CHAPELS; OFFICE BUILDINGS ADDED; 1205 (3) NON - CONFORMING USES
OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION; 1207 - USES
UNDER EXCEPTIONS, PROVISIONS NOT NON - CONFORMING USES; 1505 DELETED IN
ITS ENTIRETY; AND AMENDING THE SUBDIVISION REGULATIONS OF THE CITY OF
BLAIR, NEBRASKA: 402.03 - REQUIREMENTS THAT TITLE 124 OF CHAPTER 4 OF DEQ
REGULATION TO ANY SEWER SYSTEM NOT ATTACHED TO CITY SEWER SERVICE:
403.03 CHANGING SETBACKS; 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 804.04 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby amended to read as follows, to -wit :
"804.04 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 CL Limited Commercial District in accordance with ARTICLE 14 of
this Ordinance:
(1) Barber shops.
(2) Beauty shops.
(3) Mortuary, funeral home and funeral chapels.
(4) Motel_
(5) Photographer.
(6) Telephone exchange.
(7) Commercial centers.
(8) Family day care home, not operated within a private dwelling, group day care
home, or day care center.
(9) Multiple family dwellings with greater than forty -eight (48) living units."
SECTION 2. Section 804.05 of the Comprehensive Zoning Ordinances of the City
of Blair, Nebraska, is hereby amended to read as follows, to -wit:
" 804.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of
ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting
exceptions in the CL Limited Commercial District.
(1) Where a site adjoins or is located across an alley from any R Residential District,
a solid all 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 of odor, fumes, dust, smoke, cinders, dirt, refuse, water - carried waste, noise,
vibrations, illuminations, glare, or unsightliness or to involve any hazard of fire or
explosion."
SECTION 3. Section 901.02 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit :
"901.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be
permitted as uses by right except when located within 500 feet of any Residential District,
in which case a conditional use permit will be required: to allow the following uses:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Wholesale, storage and warehouse uses;
Signs subject to SECTION 1114 of this Ordinance;
Agriculture, horticultural (crops only);
Automobile service stations;
Printing and publishing businesses;
Truck and freight terminals;
Utility substation, pumping station, and water reservoir;
(8) Gasoline filling station;
(9) Building materials, lumber yards and fuel yards, with or without retail sales :
(10) Contractors yards;
(11) Highway maintenance yards or buildings;
(12) Railroad yards;
(13) Repair garage;
(14) Any industrial use which can meet the performance standards for this district set
forth in SECTION 1115.01 of this Ordinance provided, such is not specifically
prohibited.
(15) Mail order sales, catalog sales and coupon redemption businesses
(16) Computerized billing and mailing businesses."
SECTION 4. Section 901.05 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit :
"901.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article
14 of this Ordinance, the following regulations shall apply as minimum requirements for
granting exceptions in the ML Light Industrial and Manufacturing District:
(1) All uses shall meet or exceed the performance standards set forth in SECTION
1115.01 of this Ordinance.
(2) A use not conducted entirely within a completely enclosed structure, on a site across
a street or alley from an R Residential District, shall be screened by a solid wall of fence,
vine - covered open fence or compact evergreen hedge, not less than six (6) feet in height.
(3) Where a site adjoins an 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 except in a required front yard.
(4) The storage above ground or below ground of liquid petroleum products or chemicals
of a flammable or noxious nature shall not exceed one hundred fifty thousand (150,000)
gallons when stored on one (1) lot of less than one (1) acre in area nor shall storage exceed
more than twenty -five thousand (25,000) gallons in one (1) tank. Storage of liquid
petroleum products or chemicals of a flammable or noxious nature in excess of twenty -five
thousand (25,000) gallons, shall not be located closer than fifty (50) feet from any structure
intended for human habitation or closer than two - hundred (200) feet from any R Residential
District.
(5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and
permanently maintained where such required yard adjoins a residential district, and
excluding areas which are required for access to doors, openings, or other loading facilities.
(6) All open and undeveloped portions of any lot shall be maintained in good condition
free from weeds, dust, trash and debris."
SECTION 5. Section 902.02 of the Comprehensive Zoning Regulations of the City of
Blair, Nebraska, is hereby amended to read as follows:
"902.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be
permitted as uses by right except when located within 500 feet of any Residential District,
in which case a conditional use permit will be required:
(1) Wholesale, storage and warehouse uses;
(2) Signs subject to SECTION 1114 of this Ordinance;
(3) Agriculture, Horticultural (crops only);
(4) Automobile service stations;
(5) Rental and lease establishments, outside and inside storage;
(6) Any industrial use which, in the judgment of the City Administrator, can meet the
performance standards for this district set forth in SECTION 1115.02 of this Ordinance,
provided such use is not specifically prohibited."
SECTION 6. Section 902.03 of the Comprehensive Zoning Regulations of the City of
Blair,
Nebraska, is hereby amended to read as follows:
"902.03 PERMITTED ACCESSORY USES AND STRUCTURES:
(1) Accessory uses and structures normally appurtenant to the permitted uses and
structures and to uses and structures permitted as exceptions;
(2) Offices, retail stores and watchmen's living quarters incidental to and on the same site
with an industrial use.
(3) Antennas and transmitting structures."
SECTION 7. Section 902.05 of the Comprehensive Zoning Regulations of the City of
Blair, Nebraska, is hereby amended to read as follows:
"902.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article
14 of this Ordinance, the following regulations shall apply as minimum requirements for
granting exceptions in the Mil Heavy Industrial and Manufacturing District.
"(1) All uses shall meet or exceed the performance standards set forth in SECTION
1115.02 of this Ordinance;
(2) Where a site adjoins an R Residential District, a solid wall, or fence, vine - covered
open fence or compact evergreen hedge, six (6) feet in eighth shall be located on the
property line except in a required front yard.
(3) A use not conducted entirely within a completely enclosed structure, on a site across
a street or alley from an R Residential District, shall be screened by a solid wall or fence,
vine- covered open fence or compact evergreen hedge, not less than six (6) feet in height.
(4) Storage of liquid petroleum products or chemicals of a flammable or noxious nature
in excess of twenty -five thousand (25,000) gallons, shall not be located closer than fifty (50)
feet from any structure intended for human habitation or closer than two - hundred (200) feet
from any R Residential District.
(5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and
permanently maintained, excluding areas which are required for access to doors, openings
or other loading facilities."
SECTION 8. Section 1102 of the Comprehensive Zoning Regulations of the City of Blair,
Nebraska is hereby amended to read as follows:
"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 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 1/2' 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.
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 International
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 9. Section 1103.02 of the Comprehensive Zoning Ordinances of the City of
Blair, Nebraska, is hereby amended to read as follows, to -wit:
"1103.02 SIZE LIMITATIONS
Accessory buildings are intended to remain secondary in nature to the primary building or
structure on the land or tract of land in which they are located. The maximum amount of
accessory buildings shall be limited to two (2) structures. Accessory building in all Residential
Districts, located within the city limits of the City of Blair, Nebraska, shall meet the following
additional requirements:
(1)
(2)
(3)
(4)
The maximum combined total square footage area of all accessory buildings
shall not exceed fifty (50) percent of the total square footage of the primary
building's ground coverage area (calculated at the exterior of the building at
ground level), or eight hundred sixty four (864) square feet in total area,
which ever is the greater.
The combined total square footage area of the primary and all accessory
building shall not exceed the maximum allowable Lot Coverage Area as
allowed by the zoning classification in which the buildings are located.
The maximum allowable building height of an accessory building, at its
highest point, shall not exceed the height of the peak of the roof of the
primary building or the height of twenty (20) feet, whichever is less. For
purposes of this provision, height shall mean vertical distance measured form
the average elevation of the fmished grade of the building to the highest point
of the building.
No accessory structure shall be constructed without a primary building or
structure. No accessory building shall remain if the primary structure is
removed or demolished.
SECTION 10. Section 1207 of the Comprehensive Zoning Regulations of the City of
Blair, Nebraska, is hereby amended to r as f t -
"SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS NOT NON-
CONFORMING USES
Any use which is permitted as a conditional use or exception in a zoning district under the
terms of this Ordinance, shall not be deemed a non - conforming use in such zoning district,
but shall, without action, be considered a conforming use."
SECTION 11. Section 1403 of the Comprehensive Zoning Regulations of the City of
Blair, Nebraska, is hereby amended to include the following, to -wit:
"Section 1403.09 - UNLESS SPECIFICALLY WAIVED by the City Council, all rules,
regulations and requirements of each respective zoning district shall apply."
SECTION 12. Section 1505 of the Comprehensive Zoning Regulations of the City of
Blair, Nebraska, is hereby deleted and revoked in its entirety.
SECTION 13. Section 402.03 of the Subdivision Regulations of the City of Blair,
Nebraska, is hereby amended to read as follows, to -wit:
"SECTION 402.03 SCALE AND PRELIMINARY PLAT CONCERNS: Preliminary plats
shall be a scale of one (1) to one hundred (100) feet or 1" = 200' if seventy -five percent
(75%) of the lots are one acre or larger, and shall be prepared with the following
information:
(1) Name, location map, acreage, owner and designer of the subdivision.
(2) Present zoning.
(3) Date, north point, and graphic scale.
(4) Location of property lines, roads, existing utilities with size of lines, and other
underground installations and easements.
Names of adjoining properties or subdivisions.
(5)
(6) Proposed utility system, water system and sewer system (type, capacity and the
location of major transmission lines and treatment plants). Developer must describe
the type of sewer system and water system proposed. If developer proposes to use
a non - central sewer waste system, then the proposed sewer system shall comply with
title 124 of Chapter 4 of the Nebraska Department of Environmental Quality Rules
and Regulations.
(7) Names of new streets.
(
(9)
Dimensions of existing and proposed lot lines.
Location of existing and proposed culverts, retention ponds, and other drainage
provisions. That Section 606 be amended to read as follows: The City will direct
OPPD to design and install street lighting once all paving has been completed on
subdivisions in the City limits Installation of street lighting in subdivisions outside
City limits will be the responsibility of the subdivider if required by the Planning
Commission and City Council.
(10) Existing and proposed contours at intervals of two (2) feet or five (5) feet intervals
at 1" = 200" Scale, as established by field topography survey analysis; provided
however, field topography survey is required only on subdivisions which include lots
of less than thirty thousand square feet; provided further, that for good cause shown,
the field topography survey may be waived by the Planning Commission in the
preliminary plat process.
(11) Proposed improvements and grading concepts.
(12) Location of existing buildings.
(13) Location of existing trees with trunks at least six (6) inches in diameter, measured two
(2) feet above the ground level. Clumps of numerous trees may be identified as a tree
group without precisely locating each tree. Notwithstanding the above, for good
cause shown, the requirement of this subsection may be waived by the Planning
Commission during the preliminary plat process.
(14) Proposed easements, dedications, and reservations of land required shall be
provided.
(15) Square footage of each lot.
(16) All front, rear and side yard setback requirements and any adjustments thereto (See
Section 1110 and 1110.5 of the City of Blair Zoning Regulations.)"
SECTION 14. Section 403.03 of the Subdivision Regulations for the City of Blair,
Nebraska is hereby amended to read as follows:
"403.03 SCALE AND FINAL PLAT CONTENTS: The three (3) Mylar reproducible
originals, thirty (30) copies of the Final Plat, one (1) reproducible copy not more
than eleven (11) inches x seventeen (17) inches and other exhibits required for approval
shall be submitted. The Final Plat shall be drawn in ink on tracing cloth, Mylar, or
similar material, and shall be at a scale of one inch (1") to one hundred feet (100') or
larger.
The final plat shall show the following:
(1) Date, title, name, and location map of subdivision.
(2) Street and street names, lots and lot numbers.
(3) Graphic scale and arrow or indicator.
(4) Monuments or pins unless waived pursuant to Section 602.
(5) Dimensions, angles, and /or bearings, and complete legal description of the property.
(6) Sufficient survey data to reproduce any line on the ground.
(7) Names of adjoining properties.
(8) Locations, dimensions, and purpose of any easements
(9) Purpose for which sites are dedicated or reserved, and the transfer of ownership of
the same.
(10) Certification by surveyor certifying to accuracy of survey and plat.
(11) Certification by the County Treasurer that all assessed taxes for the current year
have been paid in full.
(12) Certification signed and acknowledged by all parties holding title or having any title
interest in the land subdivided and consenting to the preparation an recording of
the plat as submitted.
(13) Location of street trees, size, and species.
(14) Certificate for approval by the Planning Commission to be signed by the Chairman.
(15) Certificate for approval by the Council and signatures of the Mayor and City Clerk.
(16) Square footage of each lot.
(17) All adjustments to front, rear and side yard setback requirements (See Section 1110
and 1110.5 of the City of Blair Zoning Regulations.)"
SECTION 15. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 16. 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 22nd day of January, 2002.
ATTEST:
BRENDA R. TAYLO
(SEAL)
CITY CLERK
STATE OF NEBRASKA )
)ss
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
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
22nd day of January, 2002.
/1 v1i_ - (e"
BRENDA R. TAYLOR, CITY CLERK