19991109OR1890ORDINANCE NO. 1890
AN ORDINANCE AMENDING SECTION 608 OF THE SUBDIVISION REGULATIONS OF
THE CITY OF :;LAIR, NEBRASKA, AND AMENDING SECTION 501, SECTION 701,
SECTION 702, SECTION 703, SECTION 704, SECTION 705, SECTION 801, SECTION 802,
SECTION 804, SECTION 901, SECTION 902, SECTION 1001, SECTION 1002, SECTION
1003, AND SECTION 1005 AND ADDING SECTION 1110.5 TO THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO PROVIDE FOR
ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES ADJACENT TO CREEKS;
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 608 "UTILITY AND DRAINAGE FACILITIES" of the Subdivision
Regulations of the City of Blair is hereby amended to add the following provisions, to -wit:
SECTION 608.075 SETBACK REQUIREMENTS - CREEKS/WATERCOURSES:
No person shall be granted a permit for the construction of any structure, bank
stabilization structures, poles, and sign structures adjacent to any creek or
watercourse unless such structure is located so that no portion thereof is any closer
to the creek or watercourse than will allow a maximum three -to -one slope plus 20
feet between the water's edge of the creek or watercourse. "Water's edge" shall be
deemed to be that point constituting the edge of the water during normal flow
conditions.
A property shall be exempt from the provisions of this Section upon an application
filed by the property owner supported by a showing by a registered professional
engineer that adequate bank stabilization structures or slope protection will be
installed in the construction of said structure, having an estimated useful life equal to
that of the structure, which will provide adequate erosion control conditions coupled
with adequate lateral support so that no portion of said structure adjacent to the
creek/watercourse will be endangered by erosion or lack of lateral support. In the
event that the structure is adjacent to any stream which has been channelized or
otherwise improved by any agency or government, then such certification providing
an exception to this Section may take the form of a certification as to the adequacy
and protection of the improvements installed by such governmental agency.
SECTION 2. Section 501 "AGG GENERAL AGRICULTURAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of lair is hereby amended to add the following
provision, to -wit:
501.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requireme ts, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
provision, to-wit:
SECTION 3. Section 701 "RRE RURAL RESIDENTIAL ESTATE DIST
Comprehensive Zoning Ordinance of the City of Blair is hereby amended t
add the following
701.085 ADDIIIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
702.085 ADDITIONAL SET tACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
CT" of the
SECTION 4. Section 702 "RL RESIDENTIAL LOW DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
SECTION 5. Section 703 "RM RESIDENTIAL MEDIUM DENSITY DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
703.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 6. Section 704 "RML MULTI-FAMILY RESIDENTIAL LOW DENSITY
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to-wit:
704.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION. 7. Section 705 "RMI-1 MULTI-FAMILY RESIDENTIAL
GH
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to-wit:
1
S
705.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 8. Section 801 "ACH AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add
the following provision, to-wit:
801.085 ADDITIONAL SETBACK REQUIREMENTS - CREEK/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 9. Section 802 "CCB CENTRAL BUSINESS DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to-wit:
802.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
804.075 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.4 of this Zoning Ordinance.
ENSITY
SECTION 10. Section 804 "CL LIMIIED COMMERCIAL DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
SECTION 11. Section 901 "A/ML AGRICULTURAL/LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to-wit:
901.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS /WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 12. Section 902 "A/M1-1 AGRICULTURAL/HEAVY INDUSTRIAL AND
MANUFACTURING DISTRICT" of the Comprehensive Zoning Ordinance of the City of Blair is
hereby amended to add the following provision, to -wit:
902.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS /WATER
COURSES: In addition to any other minimum yard requirements, no structure shall
be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance.
SECTION 13. Section 1001 "SHM MOBILE HOME DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1001.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 14. Section 1002 "SFP FLOOD PLAIN DISTRICT" of the Comprehensive
Zoning Ordinance of the City of Blair is hereby amended to add the following provision, to -wit:
1002.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 15. Section 1003 "SPD PLANNED DEVELOPMENT DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to-wit:
1003.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made a part shall be the additional setback requirements.
SECTION 16. Section 1005 "SMC SPECIAL MEDICAL COMPLEX DISTRICT" of the
Comprehensive Zoning Ordinance of the City of Blair is hereby amended to add the following
provision, to -wit:
1005.075 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER
COURSES: The additional setback requirements of the Parent District of which this
district is made part shall be the additional setback requirements.
SECTION 17. Section 1110.5 is hereby added to the Comprehensive Zoning Ordinance of
the City of Blair to contain the following provisions, to-wit:
SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR
ST UCTURES A JACENT TO C t EKS AND DRAINAGEWAYS
•
No person shall be granted a permit for the construction of any structure, bank
stabilization structures, poles, and sign structures adjacent to any creek or
watercourse finless such structure is located so that no portion thereof is any closer
to the creek or watercourse than will allow a maximum three-to-one slope plus 20
feet between the water's edge of the creek or watercourse. "Water's edge" shall be
deemed to be that point constituting the edge of the water during normal flow
conditions.
A property shall be exempt from the provisions of this Section upon an application
filed by the property owner supported by a showing by a registered professional
engineer that adequate bank stabilization structures or slope protection will be
installed int eh construction of said structure, having an estimated useful life equal to
that of the structure, which will provide adequate erosion control conditions coupled
with adequate lateral support so that no portion of said structure adjacent to the
stream will be endangered by erosion or lack of lateral support. In the event that the
structure is adjacent to any stream which has been channelized or otherwise improved
by any agency of government, then such certification providing an exception to this
Section may take the form of a certification as to the adequacy and protection of the
improvements installed by such governmental agency.
SECTION 18. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 19. 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 9 day of November, 1999.
CITY OF BLAIR, NEBRASKA
By
MICHAEL A. MINES, MAYOR
ATTEST:
BRENDA R. TAYLOR, CITY CLERK
(SEAL)
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 9 day of
November, 1999.
BRENDA R. TAYLOR, CITY CLERK
(2) Rear yard: There shall be a minimum yard of not less than a depth of fifty (50) feet;
(3) Side yard: Side yards shall not be less than fifteen (50) feet;
501.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
501.09 MAXIMUM LOT COVERAGE: No limitation.
501.10 MAXIMUM HEIGHT: No limitation.
501.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
501.12 OFF - STREET PARKING: In granting a conditional use permit, the City Council
may require that any or all of the proposed off - street parking be hard surfaced with either
portland cement, concrete, or asphalt.
Notwithstanding the above, all such off - street parking shall comply with the provisions of
Section 1111.03 of this Ordinance.
Blair Zoning Ordinance
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701.085 ADDITIONAL SETBACK REQUIREMENTS CREEKS/WATER r shall be COURSES:
installed Sr
In addition to any other minimum yard requirements, n
constructed in violation of Section 1110.5 of this Zoning Ordinance.
701.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed thirty
(30) percent of the total lot area.
701.10 MAXIMUM HEIGHT: The height of all structures shall not
within the
exceed ed thirty-five feet for the main structure. The size limitations for
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
701.11 SIGN REGULATIONS: All signs shall is Ordinances regulations
provided herein and with the provisions of SE CTION 1114 of th
701.12 OFF - STREET PARKING: In granting a conditional use permit, the City Council
may require that any or all of the proposed off - street parking be hard surfaced with either
portland cement, concrete, or asphalt.
Notwithstanding the above, all such off - street parking shall comply with the provisions of
Section 1111.03 of this Ordinance.
Blair Zoning Ordinance
44
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11/1999
(3) Side yards: The minimum side yards of a principal structure shall be nine (9) feet.
(4) Distance between structures: The minimum distances between a single- family dwelling
and another structure shall be ten (10) feet.
(5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and /or within ten (10) feet
of any other building, whichever is greater, and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
702.085 ADDITIONAL SETBACK REQUIREMENTS CREEKS/WATER shall be COURSE Sr
In a to any other minimum yard requirements, no r
constructed in violation of Section 1110.5 of this Zoning Ordinance.
702.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
702.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
702.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
702.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance. 11/1999
Blair Zoning Ordinance
47
or right -of -way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet of
any other building, whichever is greater and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
703.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, 110 structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
703.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
703.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
703.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
703.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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11/1999
d. Attached or detached garages or carports fronting on the side yard of a corner lot
shall be set back a minimum of twenty (20) feet from the property line on a straight
driveway approach of fifteen (15) feet from the property line where the garage
opening is perpendicular to the property line requiring a curved driveway approach.
e. The side yard requirements as set forth herein shall not apply to the common fire
walls and the line thereof extended to the front and rear property lines of attached
single family dwellings.
(4) Distance between structures: The minimum distances between a residential structure and
another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall
not be considered a separate structure for the purpose of this section.
(5)
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet
of any other building whichever is greater, no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
704.085 ADDITION ALL SETBACK REQUIREMENTS — CREEK/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
704.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
Blair Zoning Ordinance
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704.10 MA HEIGHT: The height of all structures shall not exceed thirty-five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
704.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
704.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
8/1999
11/1999
Blair Zoning Ordinance
58
e. The side yard requirements as set forth herein shall not apply to the common fire
walls and the line thereof extended to the front and rear property lines of attached
single family dwellings.
(4) Distance between structures: The minimum distances between a residential structure and
another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall
not be considered a separate structure for the purpose of this section.
(5)
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet
of any other building, whichever is greater, and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
705.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of section 1110.5 of this Zoning Ordinance.
705.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed
seventy (70) percent of the total lot area.
705.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
Blair Zoning Ordinance
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705.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
705.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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located within any easement or right -of -way along the rear property line. If the
accessory building abuts any "R" Residential District(s), the rear yard requirement
increases to ten (10) feet.
801.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
801.09 MAXIMUM LOT COVERAGE: No limitations.
801.10 MAXIMUM HEIGHT: No structure shall exceed thirty -five (35) feet except an
antenna or transmitting structure.
801.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
801.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and
requirements as provided herein, in the circumstance of a repair garage, all vehicles or
motorized equipment awaiting repair, under repair, and all parts and materials shall be
screened on all sides by a solid fence or a masonry wall or compact growth or natural plant
materials not less than eight feet in height. Such screened area shall be limited to an area
behind the rear line of any building or structure used as a repair garage on the premises.
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 residential
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
on 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. 11/1999
Blair Zoning Ordinance
68
(2) Said screening requirements shall not be required if there preexists on the adjacent
residential property screening which complies with the requirements of this section.
In the event said screen is removed from the residential property, the screening on the
CH - Highway Commercial property shall be installed within sixty (60) days of the
removal of the screening on the property in the residential district. The CH - Highway
Commercial property shall forthwith install the screen as would have been required at
the time of construction.
(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.
In the event hedges, shrubs, trees or other living landscape 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.
801.14 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(5)
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69
(4) No use shall be permitted and no precess, 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 wast, noise,
vibrations, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.
802.06 PROHIBITED USES AND S'TRUCTURES: All other uses and structures which are
not specifically permitted or not permissible as exceptions shall be prohibited from the CCB
Central Business District.
802.07 MINIMUM LOT REQUIREMENTS: No limitations.
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.
(3) Side yard: The minimum side yard abutting a R Residential District shall be ten (10)
feet.
(4) Distance between structures: The minimum distances between a residential and another
structure shall be ten (10) feet.
802.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
802.09 MAXIMUM LOT COVERAGE: No limitations.
802.10 MAXIMUM HEIGHT: No structure shall exceed seventy -five (75) feet.
802.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
802.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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11/1999
Blair Zoning Ordinance
74
(3) Side yard: The minimum side yard shall be five (5) feet.
(4) Distance between structures: The minimum distances between a residential or other
principal structure and another structure shall be ten (10) feet.
(5)
Yard requirements for accessory buildings:
(A) Side yard - Same as district in which accessory use in located except an accessory
building may be located in the side yard as close as five (5) feet to the property
line and/or ten (10) feet from any other building, whichever is greater, providing
it is located between the rear building line of the principle building and the rear
property line and no building shall be located within any easement or right -of-
way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and /or within (10) feet of any
other building, whichever is greater, and no accessory building shall be located
within any easement or right -of -way along the rear property line.
804.075 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.04 of this Zoning Ordinance.
804.08 MAXIMUM LOT COVERAGE: No limitations.
804.09 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure and sixteen (16) feet for accessory structures all subject to the
provisions of Section 1105 of this Ordinance..
804.10 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
804.11 OFF - STREET PARKING: Off-street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(3) Side yard: The minimum side yard abutting an R Residential District(s) shall be
twenty -five (25) feet, five (5) feet when property does not abut a residential district.
(4) An additional set back requirement to all other minimum rear, side, and front yard
requirements for antennas and transmitting structures shall be a minimum set back
requirement equal to the height of said antenna or transmitting structure. Additionally no
antenna or transmitting structure shall be located within a distance equal to the height of the
tower of any utility transmission lines serving the premises other than lines exclusively
serving the premises upon which the tower is located.
(5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the side property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -five (25)
feet from the side property line, and/or ten (10) feet from any other building, whichever
is greater and no accessory building shall be located within any easement or right -of-
way along the rear property line.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -five (25)
feet from the rear property line, and/or ten (10) feet from any other building, whichever
is greater and no accessory building shall be located within any easement or right -of-
way along the rear property line.
901.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
901.09 MAXIMUM LOT COVERAGE: No limitations.
901.10 MAXIMUM HEIGHT: No structure shall exceed seventy -five (75) feet except an
antenna or transmitting structure.
901.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provision of SECTION 1114 of this Ordinance.
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901.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and
requirements as provided herein, in the circumstance of a repair garage, all vehicles or
motorized equipment awaiting repair, under repair, and all parts and materials shall be
screened on all sides by a solid fence or a masonry wall or compact growth or natural plant
materials less than eight feet in height. Such screened area shall be limited to an area behind
the rear line of any building or structure used as a repair garage on the premises.
901.13 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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cuts for straight curbs and the flare for rolled curbs shall be three (3) feet wider than
the driveway pavement on each side.
902.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one-
hundred (100) feet from the center line of a Federal Aid- Primary or Federal Aid- Secondary
designated street or highway or thirty-five (35) feet from the property line whichever is
greater. On all other streets or highways there shall be a minimum front yard on not less than
a depth of twenty (20) feet from the property line. These yard requirements shall apply to
any yard abutting a Federal Aid - Primary and Federal Aid- Secondary designated street or
highway regardless of the lot being an interior or corner lot.
(2) Rear yard: The minimum side yard abutting an R Residential District shall be twenty -
five (25) feet, five (5) feet when property does not abut a residential district.
(3) Side yard: The minimum side yard abutting an R Residential District shall be twenty -
five (25) feet, five (5) feet when property does not abut a residential district.
(4) Distance between structures: The minimum distance between principal structures shall
be twenty (20) feet.
(5) An additional set back requirement to all other minimum rear, side, and front yard
requirements for antennas and transmitting structures shall be minimum set back requirement
equal to the height of said antenna or transmitting structure. Additionally no antenna or
transmitting structure shall be located within a distance equal to the height of the tower of
any utility transmission lines serving the premises other than lines exclusively serving the
premises upon which the tower is located.
(6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the side property line except when property abuts
any Residential District(s) an accessory building shall be a minimum of twenty -
five (25) feet from the side property line, and /or ten (10) feet from any other
building, whichever is greater and no accessory building shall be located within
any easement or right -of -way long the rear property line.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
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(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -
five (25) feet from the rear property line, and /or ten (10) feet from any other
building, whichever is greater and no accessory building shall be located within
any easement or right -of -way along the rear property line.
902.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WATER COURSES:
In addition to any other minimum yard requirements, no structure shall be installed or
constructed in violation of Section 1110.5 of this Zoning Ordinance.
902.09 MAXIMUM LOT COVERAGE: No limitations.
902.10 MAXIMUM HEIGHT: No structure shall exceed two hundred fifty (250) feet
except an antenna or transmitting structure.
902.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
902.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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Anchors and tie -downs shall be placed at least at each corner of the mobile home or trailer
unit at intervals not to exceed ten (10) feet and shall be able to resist the design wind
pressures and in any event shall be able to sustain a minimum tensile strength of two
thousand eight hundred (2,800) pounds.
(2) The mobile home shall be served by water and sewer facilities comparable to the water
and sewer facilities required for conventional single - family dwelling units.
(3) The mobile home and mobile home lot shall conform to the minimum lot and yard
requirements for single - family dwellings as specified in the district regulations of the Parent
District.
1001.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be the minimum yard lot requirements.
1001.07 MINIMUM LOT REQUIREMENTS: The yard requirements of the Parent District
of which this district is made a part shall be the minimum yard lot requirements.
1001.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements.
1001.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WAI'ER COURSES:
The additional setback requirements of the Parent District of which this district is made a
part shall be the additional setback requirements.
1001.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements.
1001.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements.
1001.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
1001.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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g. Land may be filled provided such fill extends 15 feet beyond the limits of any
building or structure erected thereon.
1002.06 PROHIBI'T'ED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be prohibited.
1002.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent District
of which this district is made a part shall be the minimum lot requirements subject to
additional requirements as prescribed by the City Council.
1002.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the minimum yard requirements subject
to additional requirements as prescribed by the City Council.
1002.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WAIER COURSES:
The additional setback requirements of the Parent District of which this district_is made a
part shall be the additional setback requirements.
1002.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements
subject to additional requirements as prescribed by the City Council.
1002.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements subject to additional
requirements as prescribed by the City Council.
1002.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
1002.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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Changes in the Development Plan, which increase the number of dwelling units or
establishments, the arrangement of buildings, the number of parking stalls, any increase in
the size or number of other improvements, and the alignment of driveways or roadways shall
require a resubmission for approval of the application for rezoning. Any minor changes or
adjustments or decrease in the number of dwelling units, common facilities and recreation
facilities may be approved by the Zoning Administrator without resubmission.
1003.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be prohibited.
1003.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent District
of which this district is made a part shall be the minimum lot requirements subject to
additional requirements as prescribed by the City Council.
In the event the tract of land to be developed as an SPD Planned Development District lies
in more than one Parent District, the provisions of the more restrictive Parent District shall
be applicable.
In an appended residential district, the number of dwelling units that may be permissible on
the proposed tract to be developed as an SPD Planned Development District shall be
determined by using the lot area per dwelling unit requirements of the zoning district,
provided, however, that the total lot area of the proposed tract shall be reduced by the areas
covered or occupied by buildings, streets, roadways, drives, parking areas, and unusable land
areas such as streams, drainage ways, creeks, or land with grade slopes exceeding a
twenty -five percent (25 %) grade.
1003.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the minimum yard requirements subject
to additional requirements as prescribed by the City Council.
1003.085 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WA AI ER COURSES:
The additional setback requirements of the Parent District of which this district is made a
part shall be the additional setback requirements.
1003.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements
subject to additional requirements as prescribed by the City Council.
1003.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements subject to additional
requirements as prescribed by the City Council.
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1003.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
1003.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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SECTION 1005 SMC SPECIAL MEDICAL COMPLEX DISTRICT
1005.01 INTENT: This zoning district is to be appended to another primary district in
which hospitals or medical, dental, or health clinics are a use permitted by exception to
provide for the placement and location of hospitals, medical, dental, or health clinics, to
allow such entities the option of expansion with certain limitations.
1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE: Any principal uses
permitted in the zoning district to which the SMC - Special Medical Complex District
classification is appended shall continue. In addition, a hospital or medical, dental, or health
clinic shall be a permitted principal use.
1005.03 EXCEPTIONS: Any conditional use permitted in the primary zoning district to
which the SCM - Special Medical Complex district is appended.
1005.04 IVIINIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and lot area
requirements in the primary zoning district to which the
SMC - Special Medical Complex district is appended shall apply to a hospital or medical,
dental, or health clinic. The additional following minimum lot and height requirements shall
apply to a hospital or medical, dental, or health clinic. The minimum lot area for a parking
lot for hospital or medical, dental, or health clinic purposes shall be 15,000 contiguous
square feet. The minimum lot area for hospital or medical, dental, or health clinics shall be
40,000 contiguous square feet.
1005.05 MAXIMUM HEIGHT: Maximum height shall be fifty -five feet for any hospital
or medical, dental, or health clinic.
1005.06 SIDE AND REAR YARD REQUIREMENTS:
(1) Side and rear yard requirements for hospital or medical, dental, or health clinics shall be
equal in footage to the height of the structure.
(2) From parking to any side or rear lot line the minimum set back requirement shall be
seven feet except no set back requirement shall apply to a lot line abutting a dedicated alley.
1005.07 FRONT SET BACK REQUIREMENTS: The front yard set back requirement shall
be the same as the primary zoning district to which the SMC - Special Medical Complex
district is appended.
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1005.075 ADDITIONAL SETBACK REQUIREMENTS — CREEKS/WAIER COURSES:
The additional setback requirements of the Parent District of which this district is made part
shall be the additional setback requirements.
1005.08 MAXIMUM LOT COVERAGE: There shall be no maximum lot coverage
requirements.
1005.09 OTHER APPLICABLE PROVISIONS:
(1) Where a hospital or medical, dental, or health clinic adjoins or is located across an alley,
any lot or parcel upon which a residential structure is located, a solid wall or fence, vine
covered open fence, or compact evergreen hedge six feet in height shall be located on the
property line common to such residential structure except in the front yard. Said screening
requirement shall not be required if there preexists on the adjacent residential property
screening which complies with the requirements of this section. Such screening requirement
shall also not be required where the wall of any building is not greater than five (5) feet from
the set back requirement within the primary district to which this SMC - Special Medical
Complex district is appended, and there are no windows or other openings except for doors
for emergency purposes only.
(2) Any illumination or lighting for hospital or medical, dental, or health clinics shall be
directionalized so as prohibit lighting of any adjacent residential structure.
1005.10 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE-
MENTS
1. Where forty (40) percent or more of the frontage on one (1) side of a street between two
(2) intersecting streets is developed with buildings that have observed, with a variation of
five (5) feet or less, a front yard greater in depth than herein required, new buildings shall
be erected closer to the street than the front yard so established by the existing buildings.
a. Where a building is to be erected on a parcel of land that is within one hundred
(100) feet of existing buildings on both sides, the minimum front yard shall be a line
drawn between the two (2) closest front corners of the adjacent buildings on the two
(2) sides, or
b. Where a building is to be erected on a parcel of land that is within one hundred
(100) feet of an existing building on one (1) side only, such building may be erected as
close to the street as the existing adjacent building.
2. 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 such agreement 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 such set back
requirements, and no set back requirement of any internal lot lines separating such
permanently appended lots shall be required.
SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES
ADJACENT TO CREEKS AND DRAINAGEWAYS
No person shall be granted a permit for the construction of any structure, bank stabilization
structures, poles, and sign structures adjacent to any creek or watercourse unless such
structure is located so that no portion thereof is any closer to the creek or watercourse than
will allow a maximum three -to -one slope plus 20 feet between the water' s edge of the creek
or watercourse. "Water's edge" shall be deemed to be that point constituting the edge of the
water during normal flow conditions.
A property shall be exempt from the provisions of this Section upon an application filed by
the property owner supported by a showing by a registered professional engineer that
adequate bank stabilization structures or slope protection will be installed in the construction
of said structure, having an estimated useful life equal to that of the structure, which will
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provide adequate erosion control conditions coupled with adequate lateral support so that no
portion of said structure adjacent to the stream will be endangered by erosion or lack of
lateral support. In the event that the structure is adjacent to any stream which has been
channelized or otherwise improved by any agency of government, then such certification
providing an exception to this Section may take the form of a certification as to the adequacy
and protection of the improvements installed by such governmental agency.
SECTION 1111 PARKING REGULATIONS
1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT:
No major recreational equipment as defined in SECTION 303.01 shall be used for living,
sleeping, or housekeeping purposes when parked or stored on a residential lot or in any loca-
tion not approved for such use, except such use shall be permitted on a temporary basis for
a period of not to exceed seventy -two (72) hours.
1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or
trailers of any kind or type without current license plates shall not be parked or stored in any
R Residential District other than in completely enclosed buildings. Abandoned automobiles
shall be removed in accordance with SECTION 5 -411 of the Blair Code.
1111.03 MINIMUM OFF - STREET PARKING AND LOADING REQUIREMENTS:
Off - street motor vehicle parking and loading space shall be provided on any lot on which any
of the indicated structures and uses are hereafter established. Such space as defined in
SECTION 303.01 of this Ordinance shall be provided with vehicular access to a street or an
alley. A required loading space shall include a ten (10) foot by fifty (50) foot space with a
minimum of fourteen (14) feet of height clearance. The loading space shall be so located as
to avoid undue interference with public use of streets, alleys, and walkways. Minimum
off - street parking and loading requirements, which shall be applicable in all zoning districts
to the structures and uses indicated, shall be set forth in the Schedule of Minimum Off - Street
Parking and Loading Requirements, hereby adopted by reference and declared to be a part
of this Ordinance. If minimum off - street parking required in said schedule cannot be
reasonably provided on the same lot on which the principal structure or use is conducted in
the opinion of the City Board of Zoning Adjustment, the Board may permit such space to be
provided on other off - street property, provided that such space lies within two hundred
(200)) feet of the entrance to such principal structure or use.
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608.05 STORM SEWERS AND STORM WATER DRAINAGE: Where an adequate
public storm sewer system is located five hundred (500) feet or less from the
subdivision the subdivider shall construct a storm sewer system and connect with
such storm sewer line. If such a storm sewer system is not accessible, natural
drainage channels with easements of adequate width shall be provided, as
determined by the City Engineer and approved by the Planning Commission.
Paved gutters or storm sewers shall be required if velocities of flow are greater
than specified in Section 608.04 of these Regulations or cause destructive
erosion. Storm drainage, including drain tile around basements, shall not be
permitted to discharge into any sanitary sewer facility, but shall connect to an
adequate drainage outlet.
608.06 CULVERTS AND BRIDGES: Where natural drainage channels intersect any
street right -of -way, it shall be the responsibility of the subdivider to have
satisfactory bridges and/or culverts constructed. Where culverts are required,
minimum requirements shall be observed as follows:
(1) All culverts shall extend across the entire right -of -way width of the
proposed street. The cover over the culvert and its capacity shall be
determined by the City Engineer. The minimum diameter of a culvert
pipe shall be eighteen inches. Depending on existing drainage
conditions, head walls may be required.
(2) Driveway culverts shall have a minimum length of twenty (20) feet, and
a minimum diameter of twelve (12) inches. The driveway culverts shall
be laid so as to maintain the flow lines of the ditch or gutter. Head
walls may be required.
608.07 EROSION CONTROL: The subdivider shall be required to provide for the
control of erosion of areas of the subdivision which are disturbed by grading
operations by constructing temporary terraces on slopes, temporary silting basins,
sod swales and spillways, and whatever may be necessary to prevent erosion and
damage to adjacent properties from surface drainage as approved by the City
Engineer and the Planning Commission.
608.075 SETBACK REQUIREMENTS — CREEKS/WAM'ERCOURSES: No person shall
be granted a permit for the construction of any structures, bank stabilization
structures, poles, and sign structures adjacent to any creek or watercourse unless
such structure is located so that no portion thereof is any closer to the creek or
watercourse than will allow a maximum three -to -one slope plus 20 feet between
the water's edge of the creek or watercourse. "Water's edge" shall be deemed
to be that point constituting the edge of the water during normal flow conditions.
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A property shall be exempt from the provisions of this Section upon an
application filed by the property owner supported by a showing by a registered
professional engineer that adequate bank stabilization structures or slope
protection will be installed in the construction of said structure, having an
estimated useful life equal to that of the structure, which will provide adequate
erosion control conditions coupled with adequate lateral support so that no
portion of said structure adjacent to the creek/watercourse will be endangered by
erosion or lack of lateral support. In the event that the structure is adjacent to any
stream which has been channelized or otherwise improved by any agency or
government, then such certification providing an exception to this Section may
take the form of a certification as to the adequacy and protection of the
improvements installed by such governmental agency.
608.08 FIRE PROTECTION: Fire hydrants shall be provided by the subdivider in all
subdivisions with public water supplies. The hydrants should be located between
property lines and curbs with all outlets facing or parallel to the street. Hydrants
shall be placed at the corners of all blocks and at mid -block for blocks exceeding
eight hundred (800) feet in length. Hydrants shall also be required at the
entrance and end of all cul -de -sacs exceeding four hundred (400) feet in length.
The type of hydrant and control valves and the location of the hydrant shall be
approved by the Fire Chief. The minimum size of any water line serving any
hydrant shall not be less than six (6) inches in diameter and shall be circulation
water lines. The size and location of water lines shall be approved by the City
Engineer and the Fire Chief.
608.09 ELECTRIC, GAS, AND TELEPHONE IMPROVEMENTS:
(1) Electric service and telephone service shall be provided within each
subdivision. Gas service may be required where reasonably accessible.
Whenever such facilities are reasonably accessible and available, they
may be required to be installed within the area. Telephone, electric,
and street lighting wires, conduits and cables shall be constructed
underground except in cases where the City Engineer determines that
topographic, bedrock or underground water conditions would result in
excessive costs to the subdivider.
(2) Whenever a sanitary sewer line and electric and/or telephone line are
each placed underground in the same utility easement, the following
provisions shall be applicable:
a) The total easement width shall be not less than sixteen (16) feet,
and
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b) The sanitary sewer line shall be installed within three (3) feet of
the easement, and the electric and/or telephone lines shall be
installed within three (3) feet of the opposite side of the
easement.
SECTION 609 SHARED IMPROVEMENT COSTS
609.01 OVER-SIZE AND OFF -SITE IMPROVEMENTS: The utilities, pavements and
other land improvements required for the proposed subdivision shall be designed
of over -size and/or with extensions provided to serve nearby land which is an
integral part of the neighborhood service or drainage area as determined by the
Planning Commission and City Engineer.
609.02 EXTENSIONS TO BOUNDARIES: The subdivider may be required to extend
the necessary improvements to the boundary of the proposed subdivision to serve
adjoining unsubdivided land, as determined by the City Planning Commission.
609.03 OFF - SITE EXTENSIONS: If streets or utilities are not available at the boundary
of a proposed subdivision, and if the Planning Commission finds the extensions
across undeveloped areas would not be warranted as a special assessment to the
intervening properties or as a municipal expense until some future time, the
subdivider may be required, prior to approval of the final plat, to obtain necessary
easements or rights -of -way and construct and pay for such extensions. Such
improvements shall be available for connections by subdividers of adjoining land.
SECTION 610 SUBDIVISION IMPROVEMENT GUARANTEES
The subdivider shall complete in a manner satisfactory to the City Council and the
City Engineer, all improvements required in these Regulations specified in the final
subdivision plat, and as approved by the City Council and shall dedicate same to the City in
accordance with Section 610.07 of these Regulations.
The City shall, at its discretion, enter into a contract with the subdivider whereby the
subdivider shall guarantee to complete all improvements required by this Ordinance or
otherwise specified by the City Council in a manner satisfactory to the City Council To
secure this contract, the subdivider shall provide, subject to the approval of the Planning
Commission, one of the guarantees provided in Sections 610.01 through 610.04.
610.01 SURETY PERFORMANCE BOND: The subdivider shall obtain a security bond
in the amount of 110% of the total estimated cost of the project from a surety
bonding company authorized to do business in the State of Nebraska. The bond
shall be payable to the City and shall be in an amount to cover the entire cost, as
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estimated by the subdivider and approved by the City Engineer, of installing all
contracted improvements. The duration of the bond shall be until such time as
the improvements are accepted by the City in accordance with Section 610.07.
610.02 ESCROW ACCOUNT: The subdivider shall deposit cash, or other instrument
readily convertible into cash at face value in the amount of 110 percent of the
total estimated cost of the project, either with the City, or in escrow with a bank.
The use of any instrument other than cash, and in the case of an escrow account,
the bank with which the funds are to be deposited, shall be subject to the
approval of the City Council. The deposit, as estimated by the subdivider and
approved by the City Engineer, shall cover the cost of installing all required
improvements.
In the case of an escrow account, the subdivider shall file with the City Council
an agreement between the financial bank and himself/herself guaranteeing the
following:
(1) That the funds of said escrow account shall be held in trust until
released by the City Council and may not be used or pledged by the
subdivider as security in any other matter during that period;
(2) And that in the case of a failure on the part of the subdivider to
complete said improvements, then the bank shall immediately make the
funds in said account available to the City for use in the completion of
those improvements.
610.03 SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT
GUARANTEE: Where a subdivision is to be developed in several sections, the
City Council may, at its discretion, waive the use of a guarantee on the initial
sections, provided that such sections may not be larger than twenty -five (25) lots,
or fifty (50) percent of the total number of lots in the subdivision, whichever is
less. The City Council shall grant final plat approval for each succeeding section
being contingent upon completion of all contracted improvements in each
preceding section, and acceptance of those improvements in accordance with
Section 610. Completion of improvements in the final section of the subdivision,
which shall include at least twenty -five (25) lots, or fifty (50) percent of the total
number of lots in the subdivision, whichever is less, must be guaranteed through
the use of one of the other methods detailed under Section 610 of this Ordinance.
610.04 SPECIAL ASSESSMENT: The City may, at its discretion, enter into an
agreement with the subdivider to pay the cost of the required improvements
through the use of a special assessment. The City shall make such arrangements
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for actual construction and interim financing as its deems appropriate, provided
that construction of improvements in any section of the subdivision shall be
completed in a time period not longer than would be allowed if another form of
improvement guarantee were used.
610.05 TIME LIMITS: Prior to the granting of final plat approval, the subdivider and
the Planning Commission shall agree upon a deadline for the completion of all
required improvements, such deadline not to exceed two (2) years from the date
of fmal plat approval. The Planning Commission shall have the power to extend
that deadline for one (1) additional year where the subdivider can present
substantial reason for doing so.
610.06 FAILURE TO COMPLETE IMPROVEMENTS: If any portion of the required
improvements shall fail to be accepted for dedication in compliance with section
610.07 within the allocated time period, either for reason of incompletion or for
reason of substandard construction, then the City Council shall take the
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Where improvements have been guaranteed under Section 610.02 of this
Ordinance, the City Council shall declare whatever security has been pledged as
a guarantee to be forfeit. Where the City Council is not already in possession of
said guarantee, it shall immediately take the actions necessary to obtain it. Upon
receipt of these securities, the City Council shall use them, or receipts from their
sale if that be necessary, to finance the completion of contracted improvements
or the rebuilding of such improvements to the proper specifications. Unused
portions of these securities shall be returned to the subdivider, bonding company,
or crediting institution, as is appropriate.
610.07 INSPECTION AND CERTIFICATION: The City Engineer, or other
knowledgeable official as specified by the Planning Commission, shall regularly
inspect for defects in the construction of required improvements. Upon
completion of these improvements, the City Engineer shall file with the Planning
Commission a statement either certifying that the improvements have been
completed in the specific manner or listing the defects in those improvements.
Upon completion of the improvements, the subdivider shall file with the Planning
Commission a statement stipulating the following:
(1) That all required improvements are complete;
(2) That these improvements are in compliance with the minimum
standards specified by the Planning Commission for their construction;
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(3)
That the subdivider knows of no defects from any cause, in those
improvements; and
(4) That these improvements are free and clear of any encumbrance or lien.
If the City Engineer has certified that the contracted improvements are
complete and free from defect, then upon receipt of the other
statements and agreements detailed above, the City shall accept the
dedication of those improvements. The City may, at its discretion,
accept the dedication of any portion of the required improvements,
provided that all statements and agreements specified above have been
received for that portion of the improvements.
610.08 REDUCTION OF GUARANTEES: In those cases where improvement
guarantees have been made under Section 610.02 of this Ordinance, the amount
of the guarantee may be reduced upon acceptance, in compliance with Section
610.07 of the dedication of a portion of the required improvements.
610.09 RELEASE OF GUARANTEE: Upon acceptance, in accordance with Section
610.07 of the dedication of the final portion of improvements, the City shall
authorize the release of the remaining portion of the improvement guarantee.
SECTION 611 OPERATION AND MAINTENANCE
It is the intention of the City to provide no services other than planning and zoning
administration to its zoning area beyond the corporate boundaries of the City. Therefore, it
will be the obligation of the subdivider to present to the Planning Commission and City
Council a precise approach for the provision of these services. Said approach may include
the formation of district, homeowners organizations or other methods to operate and provide
for long term maintenance and service. Said approach shall be made binding on the
subdivider in a form, agreement, or contract in a manner which is accepted by the City
Attorney.
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(2) Rear yard: There shall be a minimum yard of not less than a depth of fifty (50) feet;
(3) Side yard: Side yards shall not be less than fifteen (50) feet;
501.09 MAXIMUM LOT COVERAGE: No limitation.
501.10 MAXIMUM HEIGHT: No limitation.
501.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
501.12 OFF - STREET PARKING: In granting a conditional use permit, the City Council
may require that any or all of the proposed off - street parking be hard surfaced with either
portland cement, concrete, or asphalt.
Notwithstanding the above, all such off - street parking shall comply with the provisions of
Section 1111.03 of this Ordinance.
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701.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed thirty
(30) percent of the total lot area.
701.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
701.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
701.12 OFF - STREET PARKING: In granting a conditional use permit, the City Council
may require that any or all of the proposed off - street parking be hard surfaced with either
portland cement, concrete, or asphalt.
Notwithstanding the above, all such off - street parking shall comply with the provisions of
Section 1111.03 of this Ordinance.
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(3) Side yards: The minimum side yards of a principal structure shall be nine (9) feet.
(4) Distance between structures: The minimum distances between a single - family dwelling
and another structure shall be ten (10) feet.
(5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet
of any other building, whichever is greater, and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
702.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
702.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
702.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
702.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and /or within ten (10) feet of
any other building, whichever is greater and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
703.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
703.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
703.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
703.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(5)
d. Attached or detached garages or carports fronting on the side yard of a corner lot
shall be set back a minimum of twenty (20) feet from the property line on a straight
driveway approach of fifteen (15) feet from the property line where the garage
opening is perpendicular to the property line requiring a curved driveway approach.
e. The side yard requirements as set forth herein shall not apply to the common fire
walls and the line thereof extended to the front and rear property lines of attached
single family dwellings.
(4) Distance between structures: The minimum distances between a residential structure and
another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall
not be considered a separate structure for the purpose of this section.
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way.
Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet
of any other building whichever is greater, no accessory building shall be
located within any easement or right-of-way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
(B)
704.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty
(40) percent of the total lot area.
704.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
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704.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
704.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(4) Distance between structures: The minimum distances between a residential structure and
another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall
not be considered a separate structure for the purpose of this section.
(5)
e. The side yard requirements as set forth herein shall not apply to the common fire
walls and the line thereof extended to the front and rear property lines of attached
single family dwellings.
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Same as district in which accessory use is located except an
accessory building may be located in the side yard as close as five (5) feet to the
property line and/or ten (10) feet from any other building, whichever is greater,
providing it is located between the rear building line of the principle building
and the rear property line and no building shall be located within any easement
or right -of -way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within ten (10) feet
of any other building, whichever is greater, and no accessory building shall be
located within any easement or right -of -way along the rear property line. If the
accessory building requires vehicular access perpendicular to an alley, a
minimum fifteen (15) feet access driveway is required between said accessory
building and the alley.
705.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed
seventy (70) percent of the total lot area.
705.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure. The size limitations for accessory structures located within the
City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and
SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
705.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
705.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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located within any easement or right -of -way along the rear property line. If the
accessory building abuts any "R" Residential District(s), the rear yard requirement
increases to ten (10) feet.
801.09 MAXIMUM LOT COVERAGE: No limitations.
801.10 MAXIMUM HEIGHT: No structure shall exceed thirty-five (35) feet except an
antenna or transmitting structure.
801.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
801.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and
requirements as provided herein, in the circumstance of a repair garage, all vehicles or
motorized equipment awaiting repair, under repair, and all parts and materials shall be
screened on all sides by a solid fence or a masonry wall or compact growth or natural plant
materials not less than eight feet in height. Such screened area shall be limited to an area
behind the rear line of any building or structure used as a repair garage on the premises.
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 residential
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
on 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) Said screening requirements shall not be required if there preexists on the adjacent
residential property screening which complies with the requirements of this section.
In the event said screen is removed from the residential property, the screening on the
CH - Highway Commercial property shall be installed within sixty (60) days of the
removal of the screening on the property in the residential district. The CH - Highway
Commercial property shall forthwith install the screen as would have been required at
the time of construction.
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(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 landscape 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.
801.14 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(4) No use shall be permitted and no precess, 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 wast, noise,
vibrations, illumination, glare, or unsightliness or to involve any hazard of fire or explosion.
802.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are
not specifically permitted or not permissible as exceptions shall be prohibited from the CCB
Central Business District.
802.07 MINIMUM LOT REQUIREMENTS: No limitations.
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.
(3) Side yard: The minimum side yard abutting a R Residential District shall be ten (10)
feet.
(4) Distance between structures: The minimum distances between a residential and another
structure shall be ten (10) feet.
802.09 MAXIMUM LOT COVERAGE: No limitations.
802.10 MAXIMUM HEIGHT: No structure shall exceed seventy -five (75) feet.
802.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
802.12 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(3) Side yard: The minimum side yard shall be five (5) feet.
(4) Distance between structures: The minimum distances between a residential or other
principal structure and another structure shall be ten (10) feet.
(5)
Yard requirements for accessory buildings:
(A) Side yard - Same as district in which accessory use in located except an accessory
building may be located in the side yard as close as five (5) feet to the property
line and /or ten (10) feet from any other building, whichever is greater, providing
it is located between the rear building line of the principle building and the rear
property line and no building shall be located within any easement or right -of-
way.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line and/or within (10) feet of any
other building, whichever is greater, and no accessory building shall be located
within any easement or right -of -way along the rear property line.
804.08 MAXIMUM LOT COVERAGE: No limitations.
804.09 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty -five (35)
feet for the main structure and sixteen (16) feet for accessory structures all subject to the
provisions of Section 1105 of this Ordinance..
804.10 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
804.11 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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(3) Side yard: The minimum side yard abutting an R Residential District(s) shall be
twenty -five (25) feet, five (5) feet when property does not abut a residential district.
(4) An additional set back requirement to all other minimum rear, side, and front yard
requirements for antennas and transmitting structures shall be a minimum set back
requirement equal to the height of said antenna or transmitting structure. Additionally no
antenna or transmitting structure shall be located within a distance equal to the height of the
tower of any utility transmission lines serving the premises other than lines exclusively
serving the premises upon which the tower is located.
(5)
(A)
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
Side yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the side property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -five (25)
feet from the side property line, and/or ten (10) feet from any other building, whichever
is greater and no accessory building shall be located within any easement or right -of-
way along the rear property line.
(B) Front Yard - No accessory building shall be located between the front building line of
the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located closer
than five (5) feet from the rear property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -five (25)
feet from the rear property line, and/or ten (10) feet from any other building, whichever
is greater and no accessory building shall be located within any easement or right -of-
way along the rear property line.
901.09 MAXIMUM LOT COVERAGE: No limitations.
901.10 MAXIMUM HEIGHT: No structure shall exceed seventy -five (75) feet except an
antenna or transmitting structure.
901.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provision of SECTION 1114 of this Ordinance.
901.12 REPAIR GARAGE REQUIREMENT. In addition to all other restrictions and
requirements as provided herein, in the circumstance of a repair garage, all vehicles or
motorized equipment awaiting repair, under repair, and all parts and materials shall be
screened on all sides by a solid fence or a masonry wall or compact growth or natural plant
materials less than eight feet in height. Such screened area shall be limited to an area behind
the rear line of any building or structure used as a repair garage on the premises.
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901.13 OFF - STREET PARKING: Off - street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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cuts for straight curbs and the flare for rolled curbs shall be three (3) feet wider than
the driveway pavement on each side.
902.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth of one-
hundred (100) feet from the center line of a Federal Aid - Primary or Federal Aid- Secondary
designated street or highway or thirty-five (35) feet from the property line whichever is
greater. On all other streets or highways there shall be a minimum front yard on not less than
a depth of twenty (20) feet from the property line. These yard requirements shall apply to
any yard abutting a Federal Aid- Primary and Federal Aid- Secondary designated street or
highway regardless of the lot being an interior or corner lot.
(2) Rear yard: The minimum side yard abutting an R Residential District shall be twenty -
five (25) feet, five (5) feet when property does not abut a residential district.
(3) Side yard: The minimum side yard abutting an R Residential District shall be twenty -
five (25) feet, five (5) feet when property does not abut a residential district.
(4) Distance between structures: The minimum distance between principal structures shall
be twenty (20) feet.
(5) An additional set back requirement to all other minimum rear, side, and front yard
requirements for antennas and transmitting structures shall be minimum set back requirement
equal to the height of said antenna or transmitting structure. Additionally no antenna or
transmitting structure shall be located within a distance equal to the height of the tower of
any utility transmission lines serving the premises other than lines exclusively serving the
premises upon which the tower is located.
(6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the side property line except when property abuts
any Residential District(s) an accessory building shall be a minimum of twenty -
five (25) feet from the side property line, and/or ten (10) feet from any other
building, whichever is greater and no accessory building shall be located within
any easement or right -of -way long the rear property line.
(B) Front Yard - No accessory building shall be located between the front building
line of the principle building and the front property line.
(C) Rear Yard - Unless specifically permitted, no accessory building shall be located
closer than five (5) feet from the rear property line except when property abuts
any Residential Districts) an accessory building shall be a minimum of twenty-
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closer than five (5) feet from the rear property line except when property abuts any
Residential District(s) an accessory building shall be a minimum of twenty -
five (25) feet from the rear property line, and /or ten (10) feet from any other
building, whichever is greater and no accessory building shall be located within
any easement or right-of-way along the rear property line.
902.09 MAXIMUM LOT COVERAGE: No limitations.
902.10 MAXIMUM HEIGHT: No structure shall exceed two hundred fifty (250) feet
except an antenna or transmitting structure.
902.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations
provided herein and with the provisions of SECTION 1114 of this Ordinance.
902.12 OFF - STREET PARKING: Off-street parking shall be hard surfaced in conformance
with the provisions of Section 204 of this Ordinance.
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Anchors and tie -downs shall be placed at least at each corner of the mobile home or trailer
unit at intervals not to exceed ten (10) feet and shall be able to resist the design wind
pressures and in any event shall be able to sustain a minimum tensile strength of two
thousand eight hundred (2,800) pounds.
(2) The mobile home shall be served by water and sewer facilities comparable to the water
and sewer facilities required for conventional single - family dwelling units.
(3) The mobile home and mobile home lot shall conform to the minimum lot and yard
requirements for single - family dwellings as specified in the district regulations of the Parent
District.
1001.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be the minimum yard lot requirements.
1001.07 MINIMUM LOT REQUIREMENTS: The yard requirements of the Parent District
of which this district is made a part shall be the minimum yard lot requirements.
1001.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements.
1001.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements.
1001.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements.
1001.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
1001.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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g. Land may be filled provided such fill extends 15 feet beyond the limits of any
building or structure erected thereon.
1002.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be prohibited.
1002.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent District
of which this district is made a part shall be the minimum lot requirements subject to
additional requirements as prescribed by the City Council.
1002.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the minimum yard requirements subject
to additional requirements as prescribed by the City Council.
1002.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements
subject to additional requirements as prescribed by the City Council.
1002.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements subject to additional
requirements as prescribed by the City Council.
1002.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
1002.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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Changes in the Development Plan, which increase the number of dwelling units or
establishments, the arrangement of buildings, the number of parking stalls, any increase in
the size or number of other improvements, and the alignment of driveways or roadways shall
require a resubmission for approval of the application for rezoning. Any minor changes or
adjustments or decrease in the number of dwelling units, common facilities and recreation
facilities may be approved by the Zoning Administrator without resubmission.
1003.06 PROHIBITED USES AND STRUCTURES: All uses prohibited in the Parent
District of which this district is made a part shall be prohibited.
1003.07 MINIMUM LOT REQUIREMENTS: The lot requirements of the Parent District
of which this district is made a part shall be the minimum lot requirements subject to
additional requirements as prescribed by the City Council.
In the event the tract of land to be developed as an SPD Planned Development District lies
in more than one Parent District, the provisions of the more restrictive Parent District shall
be applicable.
In an appended residential district, the number of dwelling units that may be permissible on
the proposed tract to be developed as an SPD Planned Development District shall be
determined by using the lot area per dwelling unit requirements of the zoning district,
provided, however, that the total lot area of the proposed tract shall be reduced by the areas
covered or occupied by buildings, streets, roadways, drives, parking areas, and unusable land
areas such as streams, drainage ways, creeks, or land with grade slopes exceeding a
twenty -five percent (25 %) grade.
1003.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent
District of which this district is made a part shall be the minimum yard requirements subject
to additional requirements as prescribed by the City Council.
1003.09 MAXIMUM LOT COVERAGE: The lot coverage requirements of the Parent
District of which this district is made a part shall be the maximum lot coverage requirements
subject to additional requirements as prescribed by the City Council.
1003.10 MAXIMUM HEIGHT: The height requirements of the Parent District of which
this district is made a part shall be the maximum height requirements subject to additional
requirements as prescribed by the City Council.
1003.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this
district is made a part shall be the minimum requirements for sign regulations subject to
additional requirements as prescribed by the City Council.
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1003.12 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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SECTION 1005 SMC SPECIAL MEDICAL COMPLEX DISTRICT
1005.01 INTENT: This zoning district is to be appended to another primary district in
which hospitals or medical, dental, or health clinics are a use permitted by exception to
provide for the placement and location of hospitals, medical, dental, or health clinics, to
allow such entities the option of expansion with certain limitations.
1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE: Any principal uses
permitted in the zoning district to which the SMC - Special Medical Complex District
classification is appended shall continue. In addition, a hospital or medical, dental, or health
clinic shall be a permitted principal use.
1005.03 EXCEPTIONS: Any conditional use permitted in the primary zoning district to
which the SCM - Special Medical Complex district is appended.
1005.04 MINIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and lot area
requirements in the primary zoning district to which the
SMC - Special Medical Complex district is appended shall apply to a hospital or medical,
dental, or health clinic The additional following minimum lot and height requirements shall
apply to a hospital or medical, dental, or health clinic The minimum lot area for a parking
lot for hospital or medical, dental, or health clinic purposes shall be 15,000 contiguous
square feet. The minimum lot area for hospital or medical, dental, or health clinics shall be
40,000 contiguous square feet.
1005.05 MAXIMUM HEIGHT: Maximum height shall be fifty -five feet for any hospital
or medical, dental, or health clinic
1005.06 SIDE AND REAR YARD REQUIREMENTS:
(1) Side and rear yard requirements for hospital or medical, dental, or health clinics shall be
equal in footage to the height of the structure.
(2) From parking to any side or rear lot line the minimum set back requirement shall be
seven feet except no set back requirement shall apply to a lot line abutting a dedicated alley.
1005.07 FRONT SET BACK REQUIREMENTS: The front yard set back requirement shall
be the same as the primary zoning district to which the SMC - Special Medical Complex
district is appended.
1005.08 MAXIMUM LOT COVERAGE: There shall be no maximum lot coverage
requirements.
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1005.09 OTHER APPLICABLE PROVISIONS:
(1) Where a hospital or medical, dental, or health clinic adjoins or is located across an alley,
any lot or parcel upon which a residential structure is located, a solid wall or fence, vine
covered open fence, or compact evergreen hedge six feet in height shall be located on the
property line common to such residential structure except in the front yard. Said screening
requirement shall not be required if there preexists on the adjacent residential property
screening which complies with the requirements of this section. Such screening requirement
shall also not be required where the wall of any building is not greater than five (5) feet from
the set back requirement within the primary district to which this SMC - Special Medical
Complex district is appended, and there are no windows or other openings except for doors
for emergency purposes only.
(2) Any illumination or lighting for hospital or medical, dental, or health clinics shall be
directionalized so as prohibit lighting of any adjacent residential structure.
1005.10 OFF - STREET PARKING: The off - street parking requirements of the Parent
District of which this district is made a part shall be applicable.
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8/1999
SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIRE-
MENTS
1. Where forty (40) percent or more of the frontage on one (1) side of a street between two
(2) intersecting streets is developed with buildings that have observed, with a variation of
five (5) feet or less, a front yard greater in depth than herein required, new buildings shall
be erected closer to the street than the front yard so established by the existing buildings.
a. Where a building is to be erected on a parcel of land that is within one hundred
(100) feet of existing buildings on both sides, the minimum front yard shall be a line
drawn between the two (2) closest front corners of the adjacent buildings on the two
(2) sides, or
b. Where a building is to be erected on a parcel of land that is within one hundred
(100) feet of an existing building on one (1) side only, such building may be erected as
close to the street as the existing adjacent building.
2. 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 such agreement 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 such set back
requirements, and no set back requirement of any internal lot lines separating such
permanently appended lots shall be required.
SECTION 1111 PARKING REGULATIONS
1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT:
No major recreational equipment as defined in SECTION 303.01 shall be used for living,
sleeping, or housekeeping purposes when parked or stored on a residential lot or in any loca-
tion not approved for such use, except such use shall be permitted on a temporary basis for
a period of not to exceed seventy -two (72) hours.
1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or
trailers of any kind or type without current license plates shall not be parked or stored in any
R Residential District other than in completely enclosed buildings. Abandoned automobiles
shall be removed in accordance with SECTION 5 -411 of the Blair Code.
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1111.03 MINIMUM OFF - STREET PARKING AND LOADING REQUIREMENTS:
Off - street motor vehicle parking and loading space shall be provided on any lot on which any
of the indicated structures and uses are hereafter established. Such space as defined in
SECTION 303.01 of this Ordinance shall be provided with vehicular access to a street or an
alley. A required loading space shall include a ten (10) foot by fifty (50) foot space with a
minimum of fourteen (14) feet of height clearance. The loading space shall be so located as
to avoid undue interference with public use of streets, alleys, and walkways. Minimum
off - street parking and loading requirements, which shall be applicable in all zoning districts
to the structures and uses indicated, shall be set forth in the Schedule of Minimum Off - Street
Parking and Loading Requirements, hereby adopted by reference and declared to be a part
of this Ordinance. If minimum off - street parking required in said schedule cannot be
reasonably provided on the same lot on which the principal structure or use is conducted in
the opinion of the City Board of Zoning Adjustment, the Board may permit such space to be
provided on other off - street property, provided that such space lies within two hundred
(200)) feet of the entrance to such principal structure or use.
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608.05 STORM SEWERS AND STORM WATER DRAINAGE: Where an adequate
public storm sewer system is located five hundred (500) feet or less from the
subdivision the subdivider shall construct a storm sewer system and connect with
such storm sewer line. If such a storm sewer system is not accessible, natural
drainage channels with easements of adequate width shall be provided, as
determined by the City Engineer and approved by the Planning Commission.
Paved gutters or storm sewers shall be required if velocities of flow are greater
than specified in Section 608.04 of these Regulations or cause destructive
erosion. Storm drainage, including drain tile around basements, shall not be
permitted to discharge into any sanitary sewer facility, but shall connect to an
adequate drainage outlet.
608.06 CULVERTS AND BRIDGES: Where natural drainage channels intersect any
street right -of -way, it shall be the responsibility of the subdivider to have
satisfactory bridges and/or culverts constructed. Where culverts are required,
minimum requirements shall be observed as follows:
(1) All culverts shall extend across the entire right -of -way width of the
proposed street. The cover over the culvert and its capacity shall be
determined by the City Engineer. The minimum diameter of a culvert
pipe shall be eighteen inches. Depending on existing drainage
conditions, head walls may be required.
(2) Driveway culverts shall have a minimum length of twenty (20) feet,
and a minimum diameter of twelve (12) inches. The driveway culverts
shall be laid so as to maintain the flow lines of the ditch or gutter.
Head walls may be required.
608.07 EROSION CONTROL: The subdivider shall be required to provide for the
control of erosion of areas of the subdivision which are disturbed by grading
operations by constructing temporary terraces on slopes, temporary silting basins,
sod swales and spillways, and whatever may be necessary to prevent erosion and
damage to adjacent properties from surface drainage as approved by the City
Engineer and the Planning Commission.
608.08 FIRE PROTECTION: Fire hydrants shall be provided by the subdivider in all
subdivisions with public water supplies. The hydrants should be located between
property lines and curbs with all outlets facing or parallel to the street. Hydrants
shall be placed at the corners of all blocks and at mid -block for blocks exceeding
eight hundred (800) feet in length. Hydrants shall also be required at the
entrance and end of all cul -de -sacs exceeding four hundred (400) feet in length.
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The type of hydrant and control valves and the location of the hydrant shall be
approved by the Fire Chief. The minimum size of any water line serving any
hydrant shall not be less than six (6) inches in diameter and shall be circulation
water lines. The size and location of water lines shall be approved by the City
Engineer and the Fire Chief.
608.09 ELECTRIC, GAS, AND TELEPHONE IMPROVEMENTS:
(1) Electric service and telephone service shall be provided within each
subdivision. Gas service may be required where reasonably accessible.
Whenever such facilities are reasonably accessible and available, they
may be required to be installed within the area. Telephone, electric,
and street lighting wires, conduits and cables shall be constructed
underground except in cases where the City Engineer determines that
topographic, bedrock or underground water conditions would result in
excessive costs to the subdivider.
(2) Whenever a sanitary sewer line and electric and/or telephone line are
each placed underground in the same utility easement, the following
provisions shall be applicable:
a) The total easement width shall be not less than sixteen (16) feet,
and
b) The sanitary sewer line shall be installed within three (3) feet of
the easement, and the electric and/or telephone lines shall be
installed within three (3) feet of the opposite side of the
easement.
SECTION 609 SHARED IMPROVEMENT COSTS
609.01 OVER -SIZE AND OFF -SITE IMPROVEMENTS: The utilities, pavements and
other land improvements required for the proposed subdivision shall be designed
of over -size and/or with extensions provided to serve nearby land which is an
integral part of the neighborhood service or drainage area as determined by the
Planning Commission and City Engineer.
609.02 EXTENSIONS TO BOUNDARIES: The subdivider may be required to extend
the necessary improvements to the boundary of the proposed subdivision to serve
adjoining unsubdivided land, as determined by the City Planning Commission.
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609.03 OFF -SITE EXTENSIONS: If streets or utilities are not available at the boundary
of a proposed subdivision, and if the Planning Commission finds the extensions
across undeveloped areas would not be warranted as a special assessment to the
intervening properties or as a municipal expense until some future time, the
subdivider may be required, prior to approval of the fmal plat, to obtain
necessary easements or rights -of -way and construct and pay for such extensions.
Such improvements shall be available for connections by subdividers of adjoining
land.
SECTION 610 SUBDIVISION IMPROVEMENT GUARANTEES
The subdivider shall complete in a manner satisfactory to the City Council and the
City Engineer, all improvements required in these Regulations specified in the fmal
subdivision plat, and as approved by the City Council and shall dedicate same to the City in
accordance with Section 610.07 of these Regulations.
The City shall, at its discretion, enter into a contract with the subdivider whereby the
subdivider shall guarantee to complete all improvements required by this Ordinance or
otherwise specified by the City Council in a manner satisfactory to the City Council To
secure this contract, the subdivider shall provide, subject to the approval of the Planning
Commission, one of the guarantees provided in Sections 610.01 through 610.04.
610.01 SURETY PERFORMANCE BOND: The subdivider shall obtain a security bond
in the amount of 110% of the total estimated cost of the project from a surety
bonding company authorized to do business in the State of Nebraska. The bond
shall be payable to the City and shall be in an amount to cover the entire cost, as
estimated by the subdivider and approved by the City Engineer, of installing all
contracted improvements. The duration of the bond shall be until such time as
the improvements are accepted by the City in accordance with Section 610.07.
610.02 ESCROW ACCOUNT: The subdivider shall deposit cash, or other instrument
readily convertible into cash at face value in the amount of 110 percent of the
total estimated cost of the project, either with the City, or in escrow with a bank.
The use of any instrument other than cash, and in the case of an escrow account,
the bank with which the funds are to be deposited, shall be subject to the
approval of the City Council. The deposit, as estimated by the subdivider and
approved by the City Engineer, shall cover the cost of installing all required
improvements.
In the case of an escrow account, the subdivider shall file with the City Council
an agreement between the fmancial bank and himself/herself guaranteeing the
following:
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(1) That the funds of said escrow account shall be held in trust until
released by the City Council and may not be used or pledged by the
subdivider as security in any other matter during that period;
(2) And that in the case of a failure on the part of the subdivider to
complete said improvements, then the bank shall immediately make the
funds in said account available to the City for use in the completion of
those improvements.
610.03 SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT
GUARANTEE: Where a subdivision is to be developed in several sections, the
City Council may, at its discretion, waive the use of a guarantee on the initial
sections, provided that such sections may not be larger than twenty -five (25) lots,
or fifty (50) percent of the total number of lots in the subdivision, whichever is
less. The City Council shall grant final plat approval for each succeeding section
being contingent upon completion of all contracted improvements in each
preceding section, and acceptance of those improvements in accordance with
Section 610. Completion of improvements in the final section of the subdivision,
which shall include at least twenty -five (25) lots, or fifty (50) percent of the total
number of lots in the subdivision, whichever is less, must be guaranteed through
the use of one of the other methods detailed under Section 610 of this Ordinance.
610.04 SPECIAL ASSESSMENT: The City may, at its discretion, enter into an
agreement with the subdivider to pay the cost of the required improvements
through the use of a special assessment. The City shall make such arrangements
for actual construction and interim financing as its deems appropriate, provided
that construction of improvements in any section of the subdivision shall be
completed in a time period not longer than would be allowed if another form of
improvement guarantee were used.
610.05 TIME LIMITS: Prior to the granting of final plat approval, the subdivider and
the Planning Commission shall agree upon a deadline for the completion of all
required improvements, such deadline not to exceed two (2) years from the date
of final plat approval. The Planning Commission shall have the power to extend
that deadline for one (1) additional year where the subdivider can present
substantial reason for doing so.
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610.06 FAILURE TO COMPLETE IMPROVEMENTS: If any portion of the required
improvements shall fail to be accepted for dedication in compliance with section
610.07 within the allocated time period, either for reason of incompletion or for
reason of substandard construction, then the City Council shall take the following
action:
Where improvements have been guaranteed under Section 610.02 of this
Ordinance, the City Council shall declare whatever security has been pledged as
a guarantee to be forfeit. Where the City Council is not already in possession of
said guarantee, it shall immediately take the actions necessary to obtain it. Upon
receipt of these securities, the City Council shall use them, or receipts from their
sale if that be necessary, to finance the completion of contracted improvements
or the rebuilding of such improvements to the proper specifications. Unused
portions of these securities shall be returned to the subdivider, bonding company,
or crediting institution, as is appropriate.
610.07 INSPECTION AND CERTIFICATION: The City Engineer, or other
knowledgeable official as specified by the Planning Commission, shall regularly
inspect for defects in the construction of required improvements. Upon
completion of these improvements, the City Engineer shall file with the Planning
Commission a statement either certifying that the improvements have been
completed in the specific manner or listing the defects in those improvements.
Upon completion of the improvements, the subdivider shall file with the Planning
Commission a statement stipulating the following:
(1) That all required improvements are complete;
(2) That these improvements are in compliance with the minimum
standards specified by the Planning Commission for their construction;
(3) That the subdivider knows of no defects from any cause, in those
improvements; and
(4) That these improvements are free and clear of any encumbrance or lien.
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If the City Engineer has certified that the contracted improvements are complete
and free from defect, then upon receipt of the other statements and agreements
detailed above, the City shall accept the dedication of those improvements. The
City may, at its discretion, accept the dedication of any portion of the required
improvements, provided that all statements and agreements specified above have
been received for that portion of the improvements.
610.08 REDUCTION OF GUARANTEES: In those cases where improvement
guarantees have been made under Section 610.02 of this Ordinance, the amount
of the guarantee may be reduced upon acceptance, in compliance with Section
610.07 of the dedication of a portion of the required improvements.
610.09 RELEASE OF GUARANTEE: Upon acceptance, in accordance with Section
610.07 of the dedication of the final portion of improvements, the City shall
authorize the release of the remaining portion of the improvement guarantee.
SECTION 611 OPERATION AND MAINTENANCE
It is the intention of the City to provide no services other than planning and zoning
administration to its zoning area beyond the corporate boundaries of the City. Therefore, it
will be the obligation of the subdivider to present to the Planning Commission and City
Council a precise approach for the provision of these services. Said approach may include
the formation of district, homeowners organizations or other methods to operate and provide
for long term maintenance and service. Said approach shall be made binding on the
subdivider in a form, agreement, or contract in a manner which is accepted by the City
Attorney.
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