Zoning Regulations 1997-2005TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1. GENERAL PROVISIONS ........................................................................... 3
SECTION 101 TITLE ..........:...................................................................:.............................3
SECTION 102 JURISDICTION .....................................:.....................................................3
SECTION 103 PURPOSES AND OBJECTNES OF THE ORDINANCE .........................3
ARTICLE 2. APPLICATION OF REGULATIONS .::......:...:....:.:::..:........:.::.::..:..::.....: 5
SECTION 201 GENERAL ........:......................................................................:..:.................5
SECTION 202 ZONING AFFECTS EVERY BUILDING AND USE ................................5
SECTION 203 PERFORMANCE STANDARDS ................................................................5
SECTION 204 OPEN SPACE, OR OFF-STREET
PARKII~TG OR LOADILTG cP e CE .....................................................................................5
SECTION 205 YARD AND LOT REDUCTION PROHIBITED ........................................6
SECTION 206 PROVISIONS OF ORDINANCE DECLARED
TO BE MINIMUM REQUIREMENTS ...............................................................................6
ARTICLE 3. CONSTRUCTION AND DEFIIV~ITIONS ............:...............................:...... 7
SECTION 301 CONSTRUCTION .............:.:...............:........:....:.....:.:::..:....:.:......:.........:...:.7
SECTION 302 GENERAL TERMINOLOGY ............................................................:.........7
SECTION 303 DEFINITIONS ..............................................................................................7
303.01 TEXT OF DEFIMTIONS ................................................................... 7
ARTICLE 4. ESTABLISI~~NT AND DESIGNATION OF DISTRICTS .................. 29
SECTION 401 PLANNING COMMISSION RECOMMENDATIONS ................:..:........29
SECTION 402 DISTRICTS CREATED .................................................................:...........29
SECTION 403 DISTRICT ZONING MAP ..............:..........................................................29
SECTION 404 ZONING MAP CHANGES ...: ..................................................................:.29
SECTION 405 RULES FOR INTERPRETATION OF
DISTRICT BOUNDARIES ................................................................................................30
SECTION 406 ANNEXATION RULE .......................................................:.......................31
ARTICLE 5. AG AGRICULTURAL DISTRICTS .......................:...........................:.... 32
SECTION 501 AGG GENERAL AGRICULTURAL DISTRICT ....................................32
501.01 INTENT .:.............................................................................................. 32
501.02 PERMITTED PRINCIPAL USES AND STRUCTURES .................. 32
501.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 33
501.04 EXCEPTIONS ..................................................................................... 33
501.05 CONDITIONS FOR GRANTING EXCEPTIONS ............................ 34
501:06 PROHIBITED USES AND STRUCTURES ...................................... 35
501.07 MINIMUM LOT REQUIREMENTS ................................................. 35
501.08 MIMMUM YARD REQUIREMENTS .............................................. 35
501.085 ADDITIONAL SETBACK REQUIREMENTS ................:............... 36
501.09 MAXIMUM LOT COVERAGE ...................................:................:.... 36
501.10 MAXIMUM HEIGIIT ........................................................:................ 36
501.11 SIGN REGULATIONS :...................................................................... 36
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501.12 OFF-STREET PARKING .......................................................................36
ARTICLE 6. RESERVED ............................................................................................... 3 8
ARTICLE 7 R RESIDENTIAL DISTRICTS .....................................:....:..................... 39
SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT .:.................:......... ..39
701.01 INTENT::::..:.....:..::..:...:::.::..::...::..:::...:..::...:...::..:::..::..:::::..:.........::. 39
701.02 . PERMITTED PRINCIPAL USES AND STRUCTURES .................. 39.
701.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 39
701.04 EXCEPTIONS ..................................................................................... 40
701.05 CONDITIONS FOR GRANTING EXCEPTIONS ................:..:........ 40
701.06 PROHIBITED USES AND STRUCTURES ...................................... 40
701.07 MINIMUM LOT REQUIREMENTS :.....................................:.......... 40
701.08 . MIMMUM YARD REQUIREMENTS :....................:........................ 40
701.08 5 ADDITIONAL SETBACK REQUIREMENTS ................................ 41
701.09 MAXIMI7M LOT COVERAGE ......................................................... 41
701.10 MAXIMUM HEIGHT ............................:..............................:............. 41
701.11 SIGN REGULATIONS ....................................................................... 41
701.12 OFF-STREET PARKING REQUIREMENTS....: ..............................42
701.13. ADDITIONAL PAVING & OTHER IMPROVEMENT REQUIREMENTS.42
SECTION 702 RL RESIDENTIAL LOW DENSITY DISTRICT ....................................44
702.01 INTENT .............................................................:................................. 44
702.02 PERMITTED PRINCIPAL USES AND STRUCTURES .................. 44
702.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 44
702.04 EXCEPTIONS ..........................:.........................................:................ 44
702.05 CONDITIONS FOR GRANTING EXCEPTIONS ............................ 45
702.06 PROHIBITED USES AND STRUCTURES ...................................... 45
702.07 MIMMUM LOT REQUIREMENTS .................:............................... 45
702.08 MINIMUM YARD REQUIREMENTS ...................... ...
. ..................... 45
702.085 ADDITIONAL SET-BACK REQUIREMENTS ............................... 46
702.09 MA~~]:MUlVI LOT COVERAGE ......................................................... 46
702.10 MAXIMUM HEIGHT ......................................................................... 46
702.11 SIGN REGULATIONS ..........................................:................:........... 46
702.12 OFF STREET PARKING ..............................................:46.
SECTION 703 RM RESIDENTIAL MEDIUM DENSITY ...............................:. 48
7 0 3.0 l INTENT ...........: .............................................:..................................... 4 8
703.02 PERMITTED PRINCIPAL-USES AND STRUCTURES .................. 48
703.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 48
703.04 EXCEPTIONS .............................:...............:....................................... 48
703.05 CONDITIONS FOR GRANTING EXCEPTIONS ...:........................ 49
703.06 PROHIBITED USES AND STRUCTURES ...................................... 49
703.07 MINIMUM LOT REQUIREMENTS ................................................. 49
703.08 MINIMUM YARD REQUIREMENTS .............................................. 49
703.085 ADDITIONAL SET-BACK REQUIREMENTS ............................... 50
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703.09 MAXIMUM LOT COVERAGE .................:.............:......................... 50
703.10 MAXIMUM HEIGHT ......................................................................... 51
703.11 SIGN REGULATIONS ....................................................................... 51
703.12 OFF-STREET PARKING ........................................................... 51
SECTION 704 RML MULTI-FAMILY RESIDENTIAL
LOW DENSITY DISTRICT ......................................................................:..................... ..53
704.01 INTENT :.::...:...: ..............::..:..:..:::::.:.:.....::..::.........:..:.:.:.:..::....::..:.. 53
704.02 PERMITTED PRINCIPAL USES AND STRUCTURES .................. 53
704.03 PERMITTED ACCESSORY USES AND STRUCTURES ......,.....:.. 53
704.04 EXCEPTIONS ..................................:.................................................. 53 _
704.05 CONDITIONS FOR GRANTING EXCEPTIONS ............................ 54
704.06 PR OHIBiTED USES AND STRUCTU-RES .................................:.... 54
704.07 ,MINIMUM LOT REQUIREMENTS ................................................. 54
704.08 MINIMUM YARD REQUIREMENTS ...........................................:.. 55
704.08 5 ADDITIONAL SET-BACK REQUIREMENTS ..............:.........56
704.09 MAXIMUM LOT COVERAGE ........., ...............................................
.
, 56
704.10 .
MAXIMUM HEIGHT ....................................................................:.... 56
704.11 SIGN REGULATIONS ....................:.................................................. 56
704:12 OFF-STREET PARKING REQUIREMENTS..:~ ................................. 56
SECTION 70 5 RMH MULTI-FAMILY RESIDENTIAL
HIGH DEN SITY DISTRICT ...........................................................................................:.58
705.01 INTENT ............................................................................................... 5 8
705.02 PERMITTED PRINCIPAL USES AND STRUCTURES .................. 58
705.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 58
705.04 EXCEPTIONS ..................................................................................... 58
705.05 CONDITIONS FOR GRANTING EXCEPTIONS ...........................: 59
705.06 PROHIBITED USES AND STRUCTURES ........:............................. 59
705.07 MINIMUM LOT REQTJLRET/IENTS ...........................:..................... 59
705.08 MINIMUM YARD REQUIREMENTS .......................:...................... 60
705.085 ADDITIONAL SETBACK REQUIREMENTS .............................:.. 61
705.09 MAXIMUM LOT COVERAGE ......................................................... 61
705.10 MAXIMUM HEIGHT ...........................,............................................. 61
705.11 SIGN REGULATIONS ....................................................................... 61
705.12 OFF-STREET PARKING.: .......:................................................:.61
ARTICLE 8 AC H AGRICULTURAL/BUSINESSANb
CONIlVIERCIAL DISTRICTS ............:........................................................ 63
SECTION 80 1 ACH AGRICULTURAL/HIGHWAY
COMMERCIAL DISTRICT ........................................................:.................................... .63
801.01 INTENT ............................................................................................... 63
801.02 PERMITTED PRINCIPAL USES AND STRUCTURES .................. 63
801.03 PERMITTED ACCESSORY USES AND STRUCTURES ............... 64
801.04 EXCEPTIONS .........................................................:............................ 64
~SU'l.Us COND1110'l~S FOR GRANT11~tG EXC EPlI01'~S ............................ 65
801.06 PROHIBITED USES AND STRUCTURES ...................................... 65
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801.07 MINIMUM LOT REQUIREMENTS ........................................:........ 65
801.08 MINIMUM YARD REQUIREMENTS .............................................. 65
801.08 5 ADDITIONAL SET-BACK REQUIREMENTS ............................... 66
801.09 MA~GMUM LOT COVERAGE .................:.:............................:........ 66
801.10 MAXIMUM HEIGHT ......................................................................... 67
801.11 SIGN REGULATIONS ....................................................................... 67
801-.12 REPAIR GARAGE REQUIREMENT .............................................. _67
801.13 SCREENING REQUIREMENTS ........................................................ 67
8Q1.14 OFF-STREET PARKLNG ........................................................... 68
SECTION 802 CCB CENTRAL BUSINESS DISTRICT .................................................:.70
802.0 l INTENT .......:..................................:....:................................................ 70
802.02 PERMITTED PRINCIPAL USES AND STRUCTURES ................... 70
802.03 PERMITTED ACCESSORY USES AND STRUCTURES ......:........ 72
802.04 EXCEPTIONS ..................................................................................... 72
802.05 CONDITIONS FOR GRANTING EXCEPTIONS ...................:........ 72
802.06 PROHIBITED USES AND STRUCTURES ..............:...................:... 73
802..07 MINIMUM LOT REQUIREMENTS ................................................. 73
802.08 MINIM[.TM YARD REQUIREMENTS .............................................. 73
802.085 ADDITIONAL SET-BACK REQUIREMENTS ................................. 73
802.09 MA~~IMUM LOT COVERAGE .......................:................................. 73
802..10 MAXIMUM HEIGHT ......................................................................... 73
802.11 SIGN REGULATIONS ....................................................................... 74
802.12 OFF STREET PARKING ............................................................74
SECTION 80 4 CL LIMITED COMMERCIAL DISTRICT ..........................:.................. .76
8 04.01 INTENT ..........................................:.................................................... 7 6
. 804.02 PERMITTED PRINCIPAL USES AND STRUCTURES : ............... 76
804.03 PERMITTED ACCESSORY USES AND STRUCTURES : ............ 76
804.04 EXCEPTIONS :........................................................:.......................... 76
804.05 CONDITIONS FOR GRANTING EXCEPTIONS : .......................... 76
804.06 MINIMUM LOT REQUIREMENTS : .......................:..........:........... 77
804.07 MINIMUM YARD REQUIREMENTS .............................................. 77
804.075 ADDITIONAL SETBACK REQUIREMENTS .................................78
804.08 MAXIMUM LOT COVERAGE ......................................................... 78
804.09- MAXIMUM HEIGHT ......................................................................... 78
804.10 SIGN REGULATIONS :...................................................................... 78
804.11 OFF-STREET PARKING REQUIREMENTS ........................78
ARTICLE 9. A/1M AGRICULTUREIINDUSTRIAL AND
l~ZANIJFACTURING DISTRICT ............................................................... 80
SECTION 901 AIML AGRICULTURAL/LIGHT INDUSTRIAL
AND MANUFACTURING DISTRICTS ............:.....:.................. 80
901.01 INTENT ................................:.............................................................. 80
901.02 PERMITTED PRINCIPAL USES AND STRUCTURES :................. 80
901.03 PERMITTED ACCESSORY USES AND STRUCTURES : ............ 81
901.04 EXCEPTIONS : ........................:......................................................... 81
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901.05 CONDITIONS FOR GRANTING EXCEPTIONS ............................ 81
901.06 PROHIBITED USES AND STRUCTURE ......................................... 82
901.07 MINIMUM LOT REQUIREMENTS........: ...........:............................. 82
' 901.08 MINIMUM YARD REQUIREMENTS :............................:................ 82
901.085 ADDITIONAL SET-BACK REQUIREMENTS ........... : ..................... 83
901.09 MAXIMUM LOT COVERAGE ......................................................... 83'
.901.10 MAXIMUM HEIGHT .:............:..:....:...::...:...::..:..................:...:......... 83
90.1.11 SIGN REGULATIONS ......................................................:................ 83
901.12 REPAIR GARAGE REQUIREMENT ................................................ 83
901.13 OFF-STREET PARKING ...............................................:............ 83
SECTION 902 . A/MH AGRICULTURAL/HEAVY
INDUSTRIAL AND MANLJFAC~URING DISTRICT ........................................:.......... .85
902.01 INTENT : .................:............................................................:............. 85
902.02 PERMITTED PRINCIPAL USES AND STRUCTURES .:..: .:.:.:.:..... 85
902.03 PERMITTED ACCESSORY USES AND STRUCTURES :............... 85
902.04. EXCEPTIONS ..................................................................................... 85
902.05 CONDITIONS FOR GRANTING EXCEPTIONS ...........:................ 86
902.06
.....
PROHIBITED USES AND STRUCTURES ................:...........:...:
86
902.07 MINIMUM LOT REQUIREMENTS ................................................. 86
902.08 MINIMUM YARD REQUIREMENTS :...................:........................: 86
902.085 ADDITIONAL SET-BACK REQUIREMENTS ................................. 87
902.09 MAXIMUM LOT COVERAGE ..........................................:.....:........ 87
902.10 MAXIMUM HEIGHT ......................................................................... 87
902.11 SIGN REGULATIONS ............: ...................:...................................... 87
902.12 OFF-STREET PARKING .................. ......................:....88
ARTICLE 10 S SPECIAL MODIFIED AND APPENDED DISTRICTS ..................... 90
SECTION 1001 SHM MOBILE HOME DISTRICT ........................................................ .90
10 01.01 INTENT ............................................................................................. 9 0
1001.02 PERMITTED PRINCIPAL USES AND STRUCTURES ................ 90
1001.03 PERMITTED ACCESSORY USES AND STRUCTURES ............. 90
1001.04 EXCEPTIONS ................................................................................... 90
1001.05 SPECIAL CONDITIONS AND CONDITIONS
FOR GRANTING EXCEPTIONS ......:......................:..................................... 90
1001.06 PROHIBITED USES AND STRUCTURES ..............:..................... 91
1001.07 MINIMUM LOT REQUIREMENTS ............................................... 91
1001.08 MINIMUM YARD REQUIREMENTS ........................:................... 91
1001.085 ADDITIONAL SETBACK REQUIREMENTS ................................91
1001.09 MAXIMUM LOT COVERAGE .............................................9 1
1001.10 MAXIMUM HEIGHT .................................................................:..... 91
1001.11 SIGN REGULATIONS .....................................:............................... 91
1001.12 OFF-STREET PARKING ..........................................................91
SECTION 1002 SFP FLOOD PLAIN DISTRICT ............................................................. 92
lUU2.U'1 1NlEN 1 ............................................................................................. 92
1002.02 PERMITTED PRINCIPAL USES AND STRUCTURES .........::..... 92
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1002.03 PERMITTED ACCES SORY USES AND STRUCTURES ............. 92
1002.04 EXCEPTIONS ...............................................................:................... 92
1002:05 SPECIAL CONDITIONS AND CONDITIONS
FOR GRANTING EXCEPTIONS .........................:......................................... 92
.................................... 93
1002.06 PROHIBITED.USES AND STRUCTURES
1002.07 MINIMUM LOT REQUIREMENTS .............................................. 93
1002.08 MINIMUM YARD REQUIREMENTS ...........: ...............:................ 93
1002.085 ADDITIONAL SETBACK REQUIREMENTS ..............................94
1002.09 MAXII~~I[TM LOT COVERAGE ....................................................... 94
1002.10 MAXIMUM HEIGHT ....................................................................... 94
1002.11 SIGN REGULATIONS ..............................................................~..... .. 94
1002.12 OFF-STREET PARKING ........................................................ ..94
1002.101 FLOOD PLAIN DISTRICT; DEFLNITIONS .:............................. ..94
1002.102 FLOOD LOSSES REGULATING FROM PERIODIC INUNDATION ..98
1002.103 GENERAL CAUSES OF THESE FLOOD LOSSES ...................... ..98
1002.104 METHODS USED TO ANALYZE FLOOD HAZARDS ...................99
1002.105 STATEMENT OF PURPOSE ................................................. ..99
1002.106 FLOOD PLAIN DISTRICT; JURISDICTION ...:...............:......:.. ...99
1002.107 FLOOD PLAIN DISTRICT; ENFORCEMENT OFFICER .............. ...99
1002.108 FLOOD PLAIN DISTRICT; INTERPRETIVE AND
MISCELLANEOUS PROVISIONS ......................................... .100
1002.109 FLOOD PLAIN DISTRICT; PROCEDURE ................................ .101
1002.110 FLOOD PLAIN DISTRICT; APPLICATION FOR PERMIT........:... 102
. 1002.111 FLOOD PLAIN DISTRICT; ESTABLISHMENT OF
ZONING DISTRICTS ...........:............................................. .103
1002.112 FLOOD PLAIN DISTRICT; STANDARDS FOR THE
FLOODWAY OVERLAY DISTRICT AND THE
FLOODWAY FRINGE OVERLAY DISTRICT .......................... .103
1002.113 FLOOD PLAIN DISTRICT; PERMITTED USES ......................... .104
1002.114 FLOOD PLAIN DISTRICT; STANDARDS FOR THE
FLOODWAY FRINGE OVERLAY DISTRICT .......................... .104
1002.115 FLOODWAY OVERLAY DISTRICT; PERMITTED USES ............ .106
1002.116 FLOOD PLAIN DISTRICT; VARIANCES ................................. 107
1002.117 FLOOD PLAIN DISTRICT; NON-CONFORMING USE ................ 109
1002.118 FLOOD PLAIN DISTRICT; PENALTIES FOR VIOLATION.......... 109
1002.119 FLOOD FLAW DISTRICT; AMENDMENTS ........... . ................. 110
SECTION 1003 SPD PLANNED DEVELOPMENT DISTRICT ...................111
.1003.01 INTENT .............................:...........................................:....,............ 111
1003.02 PERMITTED PRINCIPAL USES AND STRUCTURES .............. 111
1003.03 PERMITTED ACCESSORY USES AND STRUCTURES ........... 111
1003.04 EXCEPTIONS ................................................................................. 111
1003.05 SPECIAL CONDITIONS AND CONDITIONS 1
FOR GRANTING EXCEPTIONS ............................................:... 111
1003.06 PROHIBITED USES AND STRTTCTLTRF.S .:.::::..:_<__«<<<<<<<_<<<_<<.<.< 113
1003.07 MINIMUM LOT REQUIREMENTS ............................................. 113
1003.08 . MINIMUM YARD REQUIREMENTS .................................:........ 113
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1003.085 ADDITIONAL SETBACK REQUIREMENTS ...............................114
1003.09 MAXIMUM LOT COVERAGE ......:.............................................. ll4
1003.10 MAXIMUM HEIGHT.. ..........:......................................................... 114
1003.11 SIGN REGULATIONS ....................................................114
SECTION 1005 SMC SPECIAL MEDICAL COMPLEX DISTRICT .~....... 116
1005.01 INTENT ........................................................................................... 116
1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE ................ 116
1005.03 EXCEPTIONS ................................................................................. 116
1065.04 MINIIViUlo~I LIGHT AND HEIGHT REQL~IREIV~NTS ........:...... 116
1005.05 MAXIMUM HEIGHT ..........................................................:.......... 116
1005.06 SIDE AND REAR YARD REQUIREMENTS ...........:................:.. 116
i 005.07 FRONT SET BACK REQUIREMENTS ................:........................ 116
1005.075 ADDITIONAL SETBACK REQUIREMENTS ............................. .116
1005.08 MAXIMUM LOT COVERAGE ..................................................... 116
1005.09 OTHER APPLICABLE PROVISIONS .......................................... 117 .
1005.10 OFF_STREET PARKING ......................................................... 117
ARTICLE 11 SUPPLEMENTARY DISTRICT REGULATIONS ............................... 118
SECTION 1101 VISIBILITY AT INTERSECTIONS ..............................:...........:......:... .118
SECTION 1102 FENCES, WALLS AND HEDGES .............................................,......... .119
1.102.01 SATELLITE ]DISHES, TELEVISION
ANTENNAS, WIND GENERATORS .............................................................................. .121'
1102.02 WIRELESS TELECOMMUNICATIONS TOWERS
AND FACILITIES ..............................................................
121
_ 1102.02(1) PURPOSES .....................................................................
1102.02(2) DEFINITIONS ............. .` ......................
.... ...................... .
122
1102.02(3) DEVELOPMENT OF TOWERS ............................................. .123
1102.02(4) SETBACKS .....................................................................
127
1102.02(5) STRUCTURAL REQUIREMENTS ........................................ 127
1102.02(6) SEPARATION OR BUFFER REQUIREMENTS ........................ 127
1102.02(7) METHOD OF DETERMINING TOWER HEIGHT ..................... 128
1102.02(8) ILLUMINATION ..............................................................
128
l 102.02(9) EXTERIOR FINISH .......................:........................:.......... 28
1102.02(10) LANDSCAPING .................................:........................... 128
1102.02(.11) DELETED
1102.02(12) STEALTH.DESIGN ....:...................................:................ 128
1102.02(13) TELECOIVLMUNICATIONS FACILITIES ON
ANTENNA SUPPORT STRUCTURES........::.... .... 129
1102.02(14) MODIFICATION OF TOWERS ...........................................129
1102.02(15) CERTIFICATION AND INSPECTIONS ......:.................... > .. 130
1102.02(16) MAINTENANCE ...............:............................................ 130
ll02.02(17) CRITERIA FOR SITE PLAN DEVELOPMENT
MODIFICATIONS .....................................................131
1102.02(18) ABASTDONMENT ........................................................:.. 133
1102.02(19) SEVERABILITY .............................................................
133
SECTION 1103 ACCESSORY BUILDINGS AND USES ............................................. .134
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1103.01 USE FOR DWELLING .....................................:............................. 134
1103.02 -SIZE LIMITATIONS ..................................:................................... 134
1103.03 VEHICLE ACCESS ........................................................................ 134
1103.04 ATTACHED ACCESSORY USE .................................................. 134
1103.05 FIRE HAZARDOUS ACCESSORY USES .................:................. 134
SECTION 1104 ERECTION OF MORE THAN ONE
PRINCIPAL STRUCTURE ON A LOT::.:::...:: ..:.................:......:.............:....:....::..:... :135
SECTION 11.05 EXCEPTIONS TO HEIGHT REGULATIONS ...............................,..... .135
SECTION 1106 STRUCTURES TO HAVE ACCESS ............................................:...1 35
SECTION 1107 UTILITY AND LOT AREA
. REQUIREMENTS FOR RESIDENTIAL STRUCTURES ....... 135
SEC'1'lON 1108 'lEMYOIZAKY ~TRUC T'Ux~S ...............................:............................ .136
SECTION 1109 CARETAKERS QUARTERS ............................................................... .136
SECTION 1110 ADJUSTMENTS TO FRONT, REAR,
AND SIDE YARD REQUIREMENTS .......................:................................................... .137
1110.5 ADDITIONAL SETBACK REQUIREMENTS ...................................138
SECTION 1111 PARKING REGULATIONS .........................................................:....... .139
l 111.01- PARi~ING, STORAGE, OR USE OF
MAJOR RECREATIONAL EQUIPMENT ...................:............................... 13 9
1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES ............. 139
1111.03 MINIIl~IUll~I OFF-STREET PARKING
AND LOADING REQUIREMENTS:.........: ..............................:................. 139
SECTION 1112 MOBILE HOME REGULATIONS ..........................................:..,........ .140
1112.01 MOBILE HOMES ......................:...........................:........:.......:....... 140
1112.02 MOBILE HOME PAItKS ............................................................... 140
SECTION 1113 CAMPGROUNDS ........................................................................:.:...... .142
SECTION 1114 SIGN REGULATIONS .....................................................:..........:........ .143
1114.01 ON AND OFF-SITE SIGNS ON INTERSTATE
OF FEDERAL AID PRIMARY HIGHWAYS .............................................. 143
1114.02 PERMITTED SIGNS IN AGG AND RRE DISTRICTS ............... 143
1114.03 PERMITTED SIGNS; RL, RM AND SHM .....:............................. 143
1114.04 PERMITTED SIGNS; RML AND RMH DISTRICTS .................. 144
1114.05 PERMITTED SIGNS ACH HIGHWAY COMMERCIAL
DISTRICT ..................................................................:.........1 44
1114.06 PERMITTED SIGNS IN THE CCB DISTRICT .....:...................... 145
1114.07 PERMITTED SIGNS IN AML AND AMH DISTRICTS .....:........ 146
SECTION 1115 PERFORMANCE STANDARDS FOR
INDUSTRIAL USES ..................................................................................................... .148
1115.01 LIMITED INDUSTRIAL PERFORMANCE STANDARDS ........ 148
1115.02 INDUSTRIAL PERFORMANCE STANDARDS ...........149
SECTION 1116 SPECIAL CONDITIONS AND REQUIREMENTS
FOR RESIDENTIAL CONDOMINIUMS ....................:.......:......:................................. .151
1116.01 CONFLICTING REQUIREMENTS ........................:...................... 151
1116.02 MINIMUM LOT AND HEIGHT REQUIREMENTS .................... 151
1116.03 OTHER APPLICABLE PROVISIONS :......................................... 151
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SECTION 1117 MANUFACTURED HOMES .................................................................152
1117.01 MANUFACTURED HOMES STANDARDS ................................ 152
ARTICLE 12: NONCONFORMANCE USES ..........................................................:... 153
SECTION 1201 INTENT ....:....:........................................................................................ 153
SECTION 1202 NON-CONFORMING LOTS OF RECORD ......................................... 153
SECTION 1203 NON-CONFORMING USES OF LAND
WITH MINOR STRUCTURES ONLY .......................................................................... 154
SECTION 1204 NON-CONFORMING STRUCTURES ................................................. 154
SECTION 1205 NON-CONFORMING USES OF
STRUCTURES OR OF STRUCTURES AND
.............................
PRET~IISES IN COMLIIITATIOIIT ................................. ...................... 155
SECTION 1206 REPAIRS AND MAINTENANCE ........................................................ 156
SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS
NOT NON-CONFORMING USES ................................................................................. 156
SECTION 1208 NONCONFORMING USES, LIMITED EXTENSION
OF NONPERMANENT NATURES ........................................................... 157
1208.01 APPLICATION REQUIREMENT .................................................. 157
ARTICLE 13. CITY BOARD OF ZONING ADJUSTMENT ...................................... 158
SECTION 1301 CREATION, TERMS, MEETING, AND RULES .................................158
SECTION 1_302 ADDITIONAL REQUIREMENTS ........................................:...............158
1302.01 REQUIREMENT FOR WRITTEN APPLICATION
AND CONDITIONS ...:..................................................:....................:.......... 158
1302.02 EFFECT OF NON-CONFOR.MANCE : ........................................ 158
1302.03 PUBLIC HEARING AND FINDINGS OF THE BOARD ............. 158
1302.04 CONDITIONS IMPOSED ............................:................................. 158
1302.05 USE VARIANCES .......................................................................... 159
1302.06 APPLICATION REQUIREMENTS ..............................................: 159
ARTICLE 14. CONDITIONAL USES PERMITTED BY SPECIAL REVIEW.......... 160
SECTION 1401 GENERAL POWERS ............................................................................ .160
SECTION 1402 APPLICATION REQUIREMENTS ...................................................... .160
SECTION 1403 RULES GOVERNING EXCEPTIONS ................................................ .161
SECTION 1403.01 ACCESS ...................................................................... 161
SECTION 1403.02 PARKING .................................................................... 161
SECTION 1403.03 SERVICE ..................................................................... 161
SECTION 1403.04 UTILITIES ................................................................... 161
SECTION 1403.05 SCREENING ............................................................... 161
SECTION 1403.06 SIGNS .......................................................................... 161
SECTION 1403.07 YARDS ......................................................................... 161
SECTION 1403.0.8 COMPATIBILITY ...................................................... 161
SECTION 1403.09 UNLESS SPECIFICALLY WANED ........................... 161
SEC l ION 1404 CI 1 Y CGUNCIL P"UBLiC HEARING,
CONSIDERATION AND PROCEDURE ......................................................................161
TABLE OF CONTENTS
ARTICLE PAGE
SECTION 1405 EXPIRATION OF CONDITIONAL USE PERMITS ............................162
ARTICLE 15. ADMIMSTRATIVE PROCEDURE AND ENFORCEMENT ............. 163
SECTION 1501 DUTIES OF ADMINISTRATIVE OFFICIAL,
BOARD OF ZONING ADJUSTMENT, AND
COURTS ON MATTERS OF APPEAL ........................................................................163
SECTION 1503 BUILDDING PERMITS REQUIRED .................................................:.:..163 - --
SECTION 1504 APPLICATION FOR BUILDING PERMIT .................................:........163
SECTION 1505 REVOKED 1/22/02
SECTION 1506 CONSTRUCTION AND USE TO BE AS
PROVIDED IN APPLICATIONS, PLANS, PERMITS,
~1NL~ rERTIFI~ATE. QF ZONINCT COM_PL.LAI~TC~E ........................................:........::.:.1_64
SECTION 1507 NEW BUILDINGS ON UNAPPROVED STREETS ............................164
ARTICLE 16. AMENDMENT .....:............................. ...... 165
.............................................
SECTION 1601 GENERAL ..............................................................................................165
SECTION 1602 SUBMISSION TO PLANNING COMMISSION ............:.....................165
SECTION 1603 AMENDMENT CONSIDERATION AND ADOPTION .....................166
SECTION 1604 PROTEST ....................:..........................................................................166
ARTICLE 17. COMPLAINTS, PENALTIES, REMEDIES ......................:.................. 167
SECTION 1701 COMPLAINTS REGARDING VIOLATIONS ..............................:......167
SECTION 1702 PENALTIES .............................................................:..........................:..167
SECTION 1703 REMEDIES ............................................................:...........:....................167
ARTICLE 18 LEGAL STATUS PROVISIONS ........................................................... 168
SECTION 1801 SEPARABILITY .............:......................................................................168
SECTION 1802 PURPOSE OF CATCH HEADS ...........................................................168
SECTION 1803 REPEAL OF CONFLICTING ORDINANCES ....................................168
SECTION 1804 EFFECTIVE DATE ...............................................................................168
ORDINANCE NO. 1798
AN ORDINANCE ESTABLISHING COMPREHENSNE ZONING REGULATIONS, AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT
THEREOF, FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH FOR THE
CITY OF BLAIR, NEBRASKA.
WHEREAS, Sections 19-901, Reissue Revised Statutes of 1943 (in full) empowers the City to enact
a zoning ordinance and to provide for its administration, enforcement and amendment, and
WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety,
morals, and the general welfare of the City to enact such an Ordinance, and
WHEREAS, the City Council of Blair established a City Planning Commission pursuant to Sections
18-1307 and 19-901 through 19-914, Reissue Revised Statutes of 1943 (in full), and
WHEREAS, the Planning Commission has recommended the boundaries of the various original
districts and appropriate regulations to be enforced therein, and
WHEREAS, the Planning Commission has divided the .City into districts and has prepared .
regulations pertaining to such districts in accordance with a Comprehensive Plan, based on a Land
Use Plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other
dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the
overcrowding of land, to avoid undue concentration of population, to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, and other public requirements, and
WHEREAS, the Planning Commission has given reasonable consideration, among other things, to
the character- of the districts and their peculiar suitability for particular uses, with a view to
conserving the value of buildings and encouraging the most appropriate use ofland throughout the
City and,
WHEREAS, the Planning Commission has made a preliminary report and field public hearings
thereon, and submitted its final report to the City Council, and
WHEREAS, the City Council has given due public notice of hearings relating to zoning districts,
regulations, and restrictions, and has held such public hearings, and
WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety,
morals of the general welfare of the City; of providing for the harmonious development and
coordinated layout for the subdivided area; for the proper arrangements of streets; for adequate
sanitary facilities; and for reducing flood damage potentials to the greatest extent possible; and
i WHEREAS, all requirements of Sections 18-1306, Reissue Revised Statutes of 1943 (in full), with
regard to the preparation of the report of the Planning Commission and subsequent action of the City
Council have been met:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BLAIR, NEBRASKA:
2
ARTICLE 1. GENERAL PROVISIONS
SECTION 101 TITLE
This ordinance may be known and maybe cited and referred to as "Comprehensive Zoning
Ordinance of the City of Blair, Nebraska" to the same effect as if the full title were stated.
SECTION 102.. JURISDICTION
The provisions of this Ordinance shall apply within the area of planning jurisdiction as
defined on the Official Zoning Map of Blair, Nebraska, as the same may be amended by subsequent
annexation.
SECTION 103 PURPOSES AND OBJECTIVES OF THE ORDINANCE
The Zoning Ordinance is adopted to preserve, protect and promote the public health, safety,
peace, comfort, convenience, prosperity and general welfare. More specifically, the Zoning
(Jr~lunanr.e ig adopted in order to a~hieye the following ol~j~cti_ves'
1. To provide a precise plan for the physical development municipality in such a manner as
to .achieve progressively general arrangement of land uses depicted in the Comprehensive
Plan.
2. To foster a harmonious, convenient, workable relationship among local uses and a
wholesome, serviceable and attractive living environment.
3 . To promote the stability of existing land uses which conform with obj ectiees and policies
of the Comprehensive Plan and to protect them from inharmonious influences and' harmful
intrusions.
4. To ensure that public and private lands ultimately are used for the purposes which are
most appropriate and most beneficial from the standpoint of the municipality.
5. To promote the beneficial development of those areas which exhibit conflicting patterns
of ease.
6. To prevent excessive population densities and overcrowding of the land with structures.
7. To promote a safe, effective traffic circulation system.
8. To foster the provision of adequate off-street parking and truck loading facilities.
9. To facilitate the appropriate location of public facilities and institutions.
10. To protect and promote appropriately located agricultural, commercial, and industrial
pursuits in order to preserve and strengthen its economic base.
11. To protect and enhance real property values.
3
12. To conserve the municipality's natural assets and to capitalize on the opportunities
offered by its terrain, soils, vegetation and waterways.
13. To coordinate policies and regulations relating to the use of land with such policies and
regulations of incorporated municipalities of the county in order to: facilitate transition from
county to municipal jurisdiction that land which is first developed in an unincorporated area
and is subsequently annexed to a municipality; foster the protection of farming operations in
areas of planned urban expansion, and ensure unimpeded development of such new urban
expansion that is logical, desirable and in accordance with objectives and policies of the
Comprehensive Plan........
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ARTICLE 2. APPLICATION OF REGULATIONS
SECTION 201 GENERAL
The zoning regulations set forth by this Ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter
provided.
SECTION 202 ZONING AFFECTS'EVERY BUILDING AND USE
No building, structure, or land shall hereafter be used or occupied, and no building or
structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally
altered except in conformity with all of the zoning regulations herein specified for the district in
which it is located.
SECTION 203 PERFORMANCE STANDARDS
T~ 1-.„ilfli rr n 1; ±r~µ~fitra ghall he1'P fifer be er [:t d nr 1tPYPCl'
1~., ~~~~..~nb or t er s .,~..~., a e e_ a__._._,
1. To exceed the height or bulk;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area;
4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces
than herein required; or in any other manner contrary to the provisions of this Ordinance.
SECTION 204 OPEN SPACE, OR OFF-STREET PARHING OR LOADING SPACE
No part of a yard, or other open space, oroff-street parking or loading space required about or
in connection with any building for the purpose of complying with this Ordinance shall be included
as part of a yard, open space or off-street parking or loading space similarly required for any other
building.
Off-street parking spaces in ar_y zoning district located within the corporate limits of the City
of Blair shall be hard surfaced with either portland cement, concrete or asphalt and shall also comply
with all other requirements for off-street parking space, including the provisions set forth in Section
303.01 and Section 1111.03 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska.
Off-street parking spaces in any Agricultural Zoning District or the Rural Residential Estate
Zoning District located outside the corporate limits of the City of Blair may be required by the City
Council to be hard surfaced with either portland cement, concrete, or asphalt as a requirement of a
conditional use permit.
1/1999; 8/1999
5
SECTION 205 YARD AND LOT REDUCTION PROHIBITED
No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension
or area below the minimum requirements set forth herein. Yards or lots created after the effective
date of this Ordinance shall meet at least the minimum requirements established by this Ordinance.
SECTION 206 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS
In their interpretation and application, the provisions of this Ordinance shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, morals, .or general
welfare. Whenever the provisions of.this Ordinance require a greater width or size of yards, courts.
or other spaces, or require a lower height of building or less number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards than are required in any
other Ordinance, the provisions of this Ordinance shall govern. Wherever the provisions of any
other Ordinance require a greater width or size of yards, court or other open spaces, or require a
lever height of Li„ildinUV r~r a leCs number of stories; or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required by the provisions of this Ordinance,
the provisions of such Ordinance shall govern.
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ARTICLE 3. CONSTRUCTION AND' DEFINITIONS
SECTION 301 CONSTRUCTION
The following rules of construction shall apply unless inconsistent with the plain meaning of
the context of this Ordinance.
3 O l .01 TENSE: Words used in the present tense include the. future tense.
301.02 NUMBER: Words used in the singular include the plural, and words used in the plural
include the singular.
301.03 SHALL AND MAY: The word "shall." is mandatory; the word "may" is permissive.
301.04 GENDER: The masculine shall include the feminine and the neuter.
301.05 HEADINGS: In the event that there is any conflict or inconsistency between the heading of
an article, section or paragraph of this Ordinance and the context thereof, the said heading shall not
be deemed to affect the scope, meaning or intent of such context.
SECTION 302 GENERAL TERMINOLOGY
The word "city" shall mean the City of Blair, Nebraska. The word "city council" shall mean
the City Council of Blair, Nebraska. The words "planning commission" shall mean the Planning
Commission duly appointed by the municipality. The words "board of zoning adjustment" and
"board" shall mean the Board of Zoning Adjustment duly constituted in accordance with these
regulations.
SECTION 303 DEFINITIONS
303.0.1 TEXT OF DEFINITIONS: Words or terms not herein defined shall have their ordinance
meaning in relation to the context. For the purposes of this Ordinance certain words and terms used
herein are defined as follows:
(1) ACCESS OR ACCESS WAY shall mean the place, means, or way by which pedestrians and
vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by
this regulation.
(2) ACCESSORY USE OR BUILDING: A subordinate building or use which customarily is
incidental to that of the main or principal building or use of the premises. Customary accessory uses
include but are not limited to, tennis courts, swimming pools, detacr~ed garages, air conditioners,
garden houses, children's play houses, barbecue ovens, fire places, patios and residential storage
shed. Garages or other accessory uses attached to the principal structure shall be considered a part
thereof and meeting the requirements of the principal structure. The accessory use or building must
be on the same lot as the principal building.
10/2001
7
(3) AGRICULTURE shall mean the use of land for agricultural purposes including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal poultry husbandry.
(4) AIlZPORT (AIRFIELD): Any area which is used or is intended to be used for the taking off and
landing of aircraft including helicopters, and any appurtenant areas which are used or are intended to
be used for airport building or facilities, including open spaces, taxiways and tie down areas.
(5) ALLEY shall mean a minor public service street or public thoroughfare 20' or less in width,
through a block of lots primarily for vehicular service access to the rear or side of properties
otherwise abutting on another street.
(6) ALTERATION: Alteration, as applied to a building or structure, is a change or rearrangement in
the structural parts of an existing building or structure, specifically, but not limited to, enlargement,
whether by extending a side, increasing in height, or the moving from one location or position to
another; shall be considered as an alteration.
(7) ANIMAL HOSPITAL shall mean a place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment.
(8) ANIMAL UNIT: One animal tout shall equal one (1) head of slaughter or feeder cattle or exotic
animals such as a llama, ostrich, emu or the like, seven-tenths (0.7) head of mature dairy cattle
(whethermilked or dry cows), two and five-tenths (2:5) hogs eachweighing over 55 pounds, one (1)
head of horses and/or donkeys, ten (10) sheep or lambs, fifty-five (55) turkeys, one hundred (100)
laying hens or broilers if the facility has continuous overflow watering; thirty (30) laying hens or
oroilers if the facility has a liquid manure system, and/or five (5) domesticated ducks and or geese.
(Rounded up to the next whole number.)
(9) APARTMENT: (See Dwelling, Multiple).
(10) AUTOMOBILE SERVICE STATION: Buildings and premises where gasoline, oil, grease,
batteries, tires and automobile accessories maybe supplied and dispensed at retail, and where, in
addition, the following services may be rendered and sales made, and no other:
a. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
b. Tire servicing and repair, but not recapping or regrooving;
c. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel
bearings, mirrors and the like;
d. Radiator cleaning and flushing;
e. Washing and polishing, and sale of automotive washing and polishing materials;
f. Greasing and lubrication;
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g. Providing and repairing fuel pumps, oil pumps, and lines;
h. Minor servicing and repair of carburetors;
i. Wiring repairs;
j. Adjusting and repairing brakes;
k. Minor motor adjustments not involving removal of the head or crankcase.
1. Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for
automobile service station customers.
m. Provision of road maps and other information material to customers; provision of
restroom facilities.
Uses permissible at an automobile service station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating condition, or
other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than
normally found in automobile service stations. An automobile service station is not a repair garage
nor a body shop. ,
(11) AUTOMOBILE WRECKING YARD: Any lot, or the use of any portion of a lot, for the
dismantling, storage, or wrecking of automobiles, tractors, farm machinery, or other motor vehicles,
or for the ,storage or keeping for sale of parts and equipment resulting from such dismantling or
wrecking.
(12) BASEMENT: A space wholly or partially underground, and having more than one-half (1/2)
of its height, measured from its floor to its ceiling, below the mean finished grade measured at a
point five (5) feet from the foundation:
(13) BLOCK shall mean a parcel of land platted into lots and bounded by public streets or by
waterways, right-of--ways, unplatted land, City-County boundaries, or adjoining property lines.
(14) BLOCK FRONTAGE shall mean all property fronting on one (1) side of a street between a
street and right-of--way, waterway or between intersecting or intercepting streets, the end of a
dead-end street, or city or county boundary measured along a street line.
(15) BOARDING OR ROAMING HOUSE shall mean a building containing a single dwelling unit
and provisions for not more than five (5) guests, where lodging is provided with or without meals for
compensation.
(16) BODY SHOP: (See Garage, Repair).
(17) BORROW AREA shall mean any place or premises with dirt, soil, sand, gravel, or other
material is removed changing the existing topography of the particular property.
9
(18) BORROW PIT shall mean any place or premises where dirt, soil, sand, gravel, or other material
is removed by excavation or otherwise below the grade of surrounding land for any purpose other
than that necessary and incidental to grading or to building construction or operation on the premises.
(19) BREEZEWAY shall mean a roofed passageway, open on at least two (2) sides, where the roof
is structurally integrated with the structure of the main building.
(20) BUILDABLE AREA: The portion of a lot remaining after required yards, open spaces and set -
backs have been provided.
(21) BUILDING shall mean any structure built and maintained for the support, shelter or enclosure
of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as
defined in "structure, temporary". Trailers with or without wheels, shall not be considered as
buildings. A building shall also include covered porches and patios attached hereto.
(22) BUILDING, AREA OF shall mean the sum in square feet of the ground areas occupied by all
buildings and structure on a lot.
(23) BUILDING, HEIGHT OF shall mean the vertical distance measured from the average
elevation of the fmished grade at the front of the building to the highest point of the structure,
exclusive of chimneys and ventilators. The finished front grade used for measuring the average
elevation shall be at a point five (5) feet from. the foundation of the building.
(24) BUILDING SETBACK LINE shall mean the minimum distances prescribed by these
regulations between any property line and the foundation of any building or structure except that in
the instance of cantilever wall construction, the measurement shall be from the property line and the
face of the cantilever wall. For the purposes of minimum set back requirements, the following shall
not be considered a structure for the purpose of measurement of setback requirements and the same
shall be exempt from such setback requirements:
(1) An uncovered structure not more than thirty (30) square feet in area with the base or
floor of the uncovered structure thirty (30) inches above the adjacent grade;
(2) An uncovered stair or landing not extending more than forty-eight (48) inches from a
building; or,
(3) A ramp or other improvement required under the Americans with Disability Act (ADA).
(25) CAMP, PUBLIC shall mean any area or tract of land used or designed to accommodate two (2)
or more camping parties including tents or other camping outfits but not including trailer parks.
Such camp maybe publicly or privately owned and operated.
(26) CAMPING UNIT: Any vehicle, tent, trailer, or other movable shelter used for camping
purposes.
(27) CARPORT shall mean a permanent roofed structure with not more than two (2) enclosed sides
used or intended to be used for automobile shelter and storage.
10
(28) CEMETERY shall mean land used or intended to be used for the burial of the human dead and
dedicated for such purposes, including columbariums, crematoriums, and mausoleums.
(29) CHANNEL shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainway.
(30) CLINIC: (See Medical, Dental or Health Clinic).
(31) CLUB shall mean an association of persons (whether or not incorporated), religious or
otherwise, for a common purpose, but not including groups which are organized primarily to render. a
service carried on as a business for profit.
(32) COLLECTOR STREET: (See Street Network, Collector).
(33) COLLEGE shall mean an educational institution offering advanced instruction in any academic
field, beyond the secondary Level, not including trade schools or business colleges.
(34) COMMERCIAL OFFICE BUILDINGS shall mean office buildings.which are used exclusively
for office space for offices for accountants, insurance agents, attorneys, businesses, real estate sales,
and offices of a same or similar nature of those specified herein.
(35) COMMERCIAL CENTERS shall mean business offices which may have a limited area for
display of merchandise or equipment sold or serviced by the business and a limited area for inventory
storage. Not more than 200 square feet shall be utilized for either display or inventory storage
purposes. In addition, no service vehicles other than normal passenger vehicles without commercial
business markings shall be stored at the commercial center location..
(36) -COMMERCIAL FEEDLOT: A commercial feedlot shall mean .a lot, portion of a lot or
building enclosing or confining animal units exceeding the maximum allowed. In no case shall the
animal units exceed 25 animal units per acre.
(37) COMMON OPEN SPACE: An area of land or water or combination thereof planned for
passive or active recreation, but does not include area utilized for streets, alleys, driveways or private
roads, off-street parking or loading areas. However, the area of recreational activities such as
swimming pools, tennis courts, shuffleboard courts, etc., maybe included as common open space.
(38) COMMON SEWER SYSTEM: A sanitary sewage system inpublic ownership whichprovides
for the collection and treatment of domestic effluent in a central sewage treatment plant which meets
the minimum requirements of the Nebraska Department of Environmental Control for primary and
secondary sewage treatment and which does not include septic tanks or portable sewage treatment
facilities.
(39) COMMON WATER SYSTEM: A water system which provides for the supply, storage and
distribution of potable water which is in public ownership.
(40) COMPREHENSIVE PLAN: Is the plan or series of plans for the future development of the
City recommended by the Planning Commission and adopted by the City Council.
11
(41) CONDITIONAL USE PERMIT: A conditional use permit is a written permit issued by the
City. Council after presentation to and recommendation by the City Planning Commission. This
conditional use permit provides permission under specific conditions to make certain uses of land in
certain zoning districts as stipulated under exceptions in each of the .district zoning regulations. (See
Exceptions).
(42) CONDOMINIUM shall mean real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely by the owners of
those portions. Real estate is not a condominium unless the undivided interest in the common
elements .are vested in the unit_owners. Any use permissible in any commercial or manufacturing
district shall be permissible as provided in the regulations of the district regardless of condominium
ownership of any real estate within said districts.
(43) CONDOMINIUM RESIDENTIAL shall mean real estate utilized for residential purposes,
portions of which are designated for separate ownership and the remainder of which is designated for
common ownership solely by the owners of those portions.. Real estate is not a condominium unless
the undivided interest in the common elements is vested in the unit owners.
(43.1) CONTRACTOR YARD: Buildings and premises where contractor firm stores its equipment,
vehicles, tools and inventory. In addition, a business office for the firm and repairs and maintenance
of the firm's equipment and vehicles may occur on site if conducted entirely within an enclosed
structure.
(44) CUL-DE-SAC is a local street of relatively short length with one end open to traffic and the
other end terminating in a vehicular turn around. No cul de sac shall be allowed which has a vehicle
turn around less than fifty (50) feet in radius and any cul-de-sac shall also provide for not less than a
dedicated right of way of 12.5 feet surrounding the turn around.
(45) DAY CARE CENTER: A facility, other than a public or parochial school which provides care
to four or more children from more than one family, and is required to be licensed as a Day Care
Center by the State of Nebraska Department of Social Services, under the authority of Sections 71-
1908 through, Revised Statutes of Nebraska, as provided and defined under the Title 474 of the
Nebraska Administrative Code, Chapter 6, Section 002.
(46) DISTRICT shall be defined as meaning a zoning district established by these regulations.
(47) DORMITORY shall mean a building intended or used primarily for sleeping accommodations,
where such building is related to an educational or public institution, including religious institutions
and fraternities and sororities.
(48) DRIVE-IN MOVIE shall mean any area used for the parking of vehicles for the purpose of the
occupants viewing from the vehicle a motion picture or other entertainment.
(49) DRIVE-IN RESTAURANT shall mean any building or structure in which food or drink are
prepared for service to customers within such structure, occupying vehicles outside of such structure,
including drive in windows and self-service restaurants for take-out food.
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(50) DUPLEX shall mean the same as "Dwelling, Two (2) Family".
(51) DWELLING shall mean a building or portion thereof designed and used exclusively for
residential occupancy and permitted home occupations, including single family, two (2) family, and
multiple dwelling unit, but not including hotels, motels, boarding or lodging houses, trailers or
mobile homes (with or without wheels).
(52) DWELLING, MULTIPLE shall mean a building designed and used for occupancy by three (3)
or more families, all living independently of each other acid having separate kitchen and toilet
facilities for each family.
(53) DWELLING, SINGLE FAMILY shall mean a building designed or used exclusively for the
occupancy of single family, and having kitchen and toilet facilities for only single family.
(54) DWELLING, SINGLE FAMILY ATTACHED Single family dwelling attached shall mean no
more than two (2) single family dwellings which share a common fire wall and which do not extend
over the other. Each dwelling may have common or separate ownership. Each separate dwelling
shall have its own access to the front and rear and there shall be no common area between each
dwelling except the common fire wall dividing the dwellings.
(55) DWELLING TWO..(2) FAMILY shall mean a building designed or used exclusively for the
occupancy of two (2) families living independently of each other and having separate kitchen and
toilet facilities for each family.
(56) DWELLING UNIT: One room, or rooms connected together; constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease on a weekly,
monthly, or longer basis, and physically separated from any other rooms or dwelling units which may
be in the same structure, and containing independent cooking and sleeping facilities.
(57) EASEMENT: is a grant by the property owner.to the public, a corporation, or persons of the use
of a tract of land for a specific purpose or purposes.
(58) EFFICIENCY UNIT: A dwelling unit having only one room exclusive of bathroom, water
closet compartment, kitchen, laundry, pantry, foyer, communicating corridor, closets, or any~dining
alcove. An efficiency unit shall be permitted only in amulti-family dwelling.
(59) EXCEPTION: An exception is a use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled as to number, area, location or
relation to the neighborhood, would promote the public health, safety, welfare, morals, order,
comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in
such zoning districts as exceptions, if specific provision for such exceptions is made in this
Ordinance (See Conditional Use Permit).
7/2/00
13
(60) FAMILY: One or more persons related by blood, marriage, or adoption, living together as a
single housekeeping unit, or a group of not more than four (4) unrelated persons living together as a
single housekeeping unit; plus in either case, usual domestic servants. A family shall under no
circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house,
hotel or motel.
(61) FAMILY DAY CARE HOME: A facility or private home providing care to four or more
children from different families and is required to be licensed as a Family Day Care Home by the
State of Nebraska Department of Social Services, under the authority of Sections 71-1908 through,
Revised. Statutes. of Nebraska, as provided and defined under the Title 474 of the Nebraska
Administrative Code, Chapter 6, Section 002.
(62) FARMSTEAD: An area of twenty (20) acres or more, on which is located at least one farm
residence, and which is used for raising agricultural crops, livestock, poultry, or dairy products.
(63) FARM RESIDENCE: Residential dwellings located on a farmstead including mobile homes as
living quarters for persons employed on the premises.
(64) FENCE shall mean any structural device forming a physical barrier which is so constructed that
not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air
and vision through said surface in a horizontal plane. (For board or other solid barriers, see "Wall").
(65) FLOOR AREA:
a. For computing off-street parking requirements: shall mean the gross floor area of the building
measured from the exterior faces of the exterior walls or from the centerline of walls separating two
buildings and shall include the following areas:
1. One-half (1/2) the basement floor area.
2. The area of each floor of the structure.
b. Floor area for determining floor area ratio: as used herein shall be computed as the sum of the
following areas:
1. The gross horizontal.. areas of the several buildings measured from the exterior faces of
exterior walls or from the centering of walls separating two buildings which shall include
floor area utilized for stairwells or elevator shafts and floor space used for mechanical
equipment (except equipment open or enclosed, located on the roof).
2. Penthouses.
3. One-half (1/2) the basement floor area.
4. Interior balconies and mezzanines.
5. Enclosed porches.
6. Floor area devoted to accessory uses.
7. Interior walls.
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c. Floor Area Ratio: the maximum percentage of allowable of a building or complex (including
both principal and accessory buildings) computed by dividing the floor area of said complex or
buildings by the area of the building site.
(66) FRATERNITY shall mean a building or structure housing a group of men associated for their
common interest. Such group may eat, sleep and otherwise use such facilities as are provided onthe
premises.
(67) FRONTAGE shall mean that portion of a parcel of property which abuts a dedicated public
street or highway.
(68) GARAGE, PRNATE shall mean a detached accessory building or a portion of amainbuilding
on the same Iot as a dwelling for the housing of vehicles for the occupants of the dwelling, including
carports.
(69) GARAGE, PUBLIC shall be defined as any building or a portion of any building for the
housing of vehicles other than a private garage.
(70) GARAGE, REPAIR: Buildings and premises where repairs are performed on the mechanical
systems and bodies of any licensed or unlicensed vehicle or motorized equipment. In addition, all
sales and services provided for in an automobile service station may be provided in a repair garage.
(71) GOLF COURSE shall mean a lot or portion of a lot used for the playing of golf, including pitch
and putt courses, but shall not include driving ranges, detached from or not a part of a golf course,
miniature golf courses or other similar commercial enterprises.
(72) GREENHOUSES shall mean a building or structure constructed chiefly of glass, glass-like
translucent material, plastic, cloth or lath, which is devoted to the protection or cultivation of flowers
or other plants.
(73) GOVERNING BODY: That Body having jurisdiction in the zoning area.
(74) GROUP DAY CARE HOME: A facility, other than a public or parochial school which is in
the business of providing care to. four or rriore children from more than one family, and is required to
be licensed as a Group Day Care Home by the State of Nebraska Department of Social Services,
under the authority.of Sections 71-1908 through, Revised Statutes of Nebraska, as provided and
defined under the Title 474 of the Nebraska Administrative Code, Chapter 6, Section 002.
(75) GRADE:
a. For buildings having walls facing one street only, the elevation of the finished surface of
the ground at the center of the wall facing the street shall be the grade.
b. For buildings having walls facing more than one street, the grade shall be determined by
using. the average of the grades (as defined in a. above) of all walls facing each street.
c. For buildings having no wall facing a street, the average level of the finished surface of
the ground adjacent to the exterior walls of the building shall be the. grade.
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Any wall approximately parallel to and not more than 35 feet from a street line is considered as
facing the street..
(76) GUEST ROOM shall mean a room which is designed to be occupied by one (1) or more guests
for sleeping purposes, having no kitchen facilities, not including dormitories.
(77) HOME OCCUPATION shall mean any commercial use customarily conducted entirely within .
a dwelling or a permitted accessory building and carried on by the inhabitants thereof, which use is
clearly incidental and secondary to the use of the structure and premises for dwelling purposes and
which use does not change the character- thereof.
All of the following criteria shall apply for the evaluation of "Home Occupation":
A. There shall be not more than one (1) person or employee other than the members of the
resident family.
B. There shall be no use of material or mechanical equipment not recognized as being part of
normal household or hobby uses.
C. There shall be no sales of products or services not produced on the premises unless such
sales are secondary and incidental to a primary service which is the home occupation.
D. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district
in which it is located.
E. It shall not involve the use of commercial vehicles for delivery of materials to or from the
premises, other than a vehicle not to exceed one (1) ton, owned by the operator of such home
occupations.
F. No indoor storage of materials or supplies, other than for purposes other than those
permitted in the district. No outdoor storage of any materials, supplies, or equipment shall be
allowed or permitted. Unless permitted in the district, nonon-licensed vehicles or equipment shall be
allowed on the premises
G. It shall not involve the use of signs or structures other than those permitted in the district
in which it is a part.
H. Not more than twenty percent (20%) of the square footage of finished living area in the
dwelling, not to exceed 250 square feet, shall be used for the home occupation either in the dwelling,
attached or detached garage or accessory building permitted in the district. In the event the building,
room, or space utilized for the home occupation exceeds the maximum allowable area which maybe
utilized for the home occupation, the building, room, or space shall be partitioned to limit the area to
the maximum allowed.
I. All doors, windows, or any other openings in the area utilized for home occupations shall
be closed during operation.
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J. In no way shall the appearance of the structure be so altered or the conduct of the
occupation within the structure be such that the structure may be reasonably recognized as serving a
nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises,
vibrations, etc.)
K. There shall be no use of utilities or community facilities beyond that normal to the use of
the property for residential or agricultural purposes as defined in the, district.
L. The use does not infringe upon the right of neighboring residents to enjoy peacefizl and
healthful occupancy of their home._
M. No flammable or hazardous materials for the home occupation shall be stored or used on
the premises other than materials or supplies and in such quantities as are recognized as being
normal materials or supplies present in the district.
N. No noise, sound, -vibrations, fumes, smoke, odors, gasses, air contaminants, heat, glare, or
electrical interference from the conduct of the occupation be present or exist outside of the structure.
O. The following are deemed not to be home occupations and, therefore, may be conducted
without the necessity of obtaining a special use permit for a home occupation:
(1) Sales persons where there are no on sight transaction.
(2) Businesses to the extent that book or paper work and telephone transactions
occur on the premises, and where there is no fabrication, production of goods or
services on the premises, and where storage of inventory or equipment,
excluding one business vehicle, is Limited to a maximum of 100 square feet.
(3) Music, art, dance, or educational instruction or tutoring, providing that no
more than 4 students are present at any one time.
(4) Seamstresses and tailors.
(5) Home crafts which are of a hobby nature.
(6) Businesses which activities are limited strictly to telephone transactions.
(7) Babysitters or day care providers providing care for three or less
individuals from different families.
(8) Garden produce.
(78) HOSPITAL shall mean any building or portion thereof used for the accommodation and
medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums,
institutions for the cure of chronic drug addicts and mental patients.
(79) HOTEL: A building or portion thereof, or a group of buildings, used as a transient abiding
place which may or may not serve meals and whether such establishments are designated as a hotel,
inn, automobile court, motel, motor lodge, motor court, tourist cabin, tourist court or other similar
designation.
(80) KENNEL: shall mean any lot or premises on which four (4) or more dogs or cats or any
combination thereof are kept or boarded.
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(81) LANDSCAPING: Shall include the original planting of suitable vegetation in conformity with
the requirements of this Regulation and the continued maintenance thereof.
(82) LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when
required off-street parking spaces are filled. Required off-street loading space is not to be used as
off-street parking space in computation of required off-street parking space.
(83) LODGING HOUSE: Shall mean the same as "Boarding House".
(84) LOT: For purpose of this Orditrance a lot is a tract of land of at least sufficient size to meet
minimum zoning and subdivision requirements for use, coverage, and area, and to provide such
yards and other open spaces as are herein required. Such lot shall have frontage on any public street,
or on an approved private street.
(85) LOT COVERAGE shall mean that portion of a lot which is occupied by any building or
structure, excepting paved areas, walks and swimming pools, regardless of whether said building or
structure is intended for human occupancy.
(86) LOT DEPTH: Depth of a lot shall be considered to be the distance between the mid-points of
straight lines connecting the foremost points of the side lot lines in front and the rearmost points of
the side lot lines in the rear:
(8%) LO 1 FRONT: The front of a lot shall be construed to be the portion nearest the street. For the
purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent
to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this
article.
(88) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Register
of Deeds, or a lot or parcel described by metes and bounds the description of which has been so
recorded.
(89) LOT WIDTH: Width of a lot shall be considered to be the distance between straight lines
connecting front and rear lot lines at each side of the lot, measured across the rear of the required
front yard, provided, however, that width between side lot lines at their foremost points where they
intersect with the street line, shall not be less than eighty (80) percent of the required lot width except
in the case of lots on the turning circle of cul-de-sacs, or on loop streets, where the eighty (80}
percent requirement shall not apply.
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(90) LOT, CORNER: Indicated as A on Exhibit "A", a corner lot is defined as a lot located at the
intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered
a corner lot if straight lines drawn from the foremost points of the side lot lines the. foremost point of
the lot meets at an interior angle of less than thirty-five (35) degrees. See lots marked A in the
diagram.
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(91) LOT, INTERIOR: Indicated as B on Exhibit "A", an interior. lot is defined as a lot other than a
corner lot with only one frontage on a street.
(92) LOT, NONCONFORMING shall mean a lot having less area or dimension than that required in
the district in which it is located and which was lawfully created prior to the zoning thereof whereby
the larger area or dimension requirements were established.
(93) LOT, THROUGH: Indicated as C on Exhibit. "A"; a through lot is defined as a lot other than a
corner Iot with frontage on more than one street. Through lots abutting two (2) streets may be
referred to as a double frontage lot.
(94) LOT, REVERSED FRONTAGE: Indicated as D on Exhibit "A", a reversed frontage lot is
defined as a lot on which the frontage is at right angles or approximately right angles, interior angle
less than one hundred thirty-five (135) degrees, to the general pattern in the area. A reversed
frontage lot may also be a corner lot, (A-D on Exhibit "A"), an interior lot (B-D) or a through lot
(C-D).
(95) MAJOR RECREATION EQUIPMENT: Maj or recreational equipment is defined as including
boats -and boat trailers, travel trailers, pickup campers or coaches, designed to be mounted on
automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment or not, and shall include
the term Recreational Vehicle.
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(96) MANUFACTURED HOME: A factory-built structure which is to be used as a place for
human habitation, which is not constructed or equipped with a permanent hitch or other devise
allowing it to be moved other than to be permanent site, which does not have permanently attached
to its body or frame any wheels or axles, and which bears a label certifying that it was built to
compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280
et seq., promulgated by the United States Department of Housing and Urban Development, or a
modular housing unit as defined in Section 71-1557 of the Nebraska Revised Statutes bearing the
seal of the Department of Health.
(97) MEDICAL, DENTAL OR HEALTH CLINIC: Any building or portion thereof used by one or
more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or
ailments of human beings; including but not limited to, doctors of medicine, dentists, chiropractors,
osteopaths, optometrists, podiatrists and in which no patients are Lodged overnight, but which may
include an apothecary.
(98) MOBILE HOME: Ayear-round, transportable structure which is a single family dwelling unit
suitable for permanent, more than thirty (3 0) days living quarters, more than eight (8) feet wide and
forty (40) feet in length designed and built to be towed on its own chassis and designed to be used as
a single family dwelling with or without a permanent foundation when connected to the required
utilities.
(99)" MOBILE HOME PARK: Any area of land which one (1) or more mobile homes are parked,
connected to utilities and-used by one (1) or more persons for living or sleeping purposes. A mobile
home parked in this area can either be placed on a permanent foundation or supported only by its
wheels, jacks, blocks, or skirtings or a combination of these devices. A mobiie home park includes
any premises set apart for supplying to the public parking space, either free of charge or for revenue
purposes for one (1) or more mobile homes, connected to utilities and used by one (1) or more
persons for living, or sleeping purposes and shall include any building, structure, tent, vehicle or
enclosure used or intended for use as a part of the equipment of such mobile home park.
(100) MODULAR HOME: Any dwelling whose construction consists entirely of or the major
portions of its construction consist of a unit or units not fabricated on the final site for the dwelling
units, which units are movable or portable until placed on a permanent foundation and connected to
utilities. All modular homes shall bear a Label certifying that it was built to compliance with the
Nebraska Department of Health Standards as established in Section 71-1557 ofthe Nebraskarevised
Statutes.
(101) MOTEL shall mean a building or group of buildings used for transient residential purposes
containing guest rooms or dwelling units with or without automobile storage space provided in
connection therewith, which building or group is designed, intended or used primarily for the
accommodation of transient automobile travelers, including groups designated as auto cabins, motor
courts, motor hotels and similar designation.
(102) NONCONFORMING USE: An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established by this regulation or any
amendments thereto.
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(103) NURSING HOME OR CONVALESCENT HOMES: An institution or agency licensed bythe
State for the reception, board, care or treatment of three or more unrelated individuals, but not
including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
(104) PARKING SPACE, OFF-STREET: For the purpose of this Ordinance anoff-street parking
space shall consist of a space adequate for parking an automobile with room for opening doors on
both sides, together with properly related.access to a public street or alley and maneuvering room.
A11 off-street parking spaces in any zoning district located within the corporate limits. of the City of
Blair shall be hard surfaced with either portland cement, concrete or asphalt. Off-street parking
spaces in any Agricultural. Zoning District or the Rural Residential Zoning District located outside.
the corporate limits of the City of Blair may be required by the City Council to be hard surfaced with
either portland cement, concrete or asphalt as a requirement of a conditional use permit. Required
off-street parking areas for three (3) or more automobiles shall have individual spaces marked, and
shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking
shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked
without moving another. A garage shall -not be considered as meeting off street parking
qualifications unless the driveway access to the garage is not considered as offstreet parking for the
purposes of these regulations. Required off street parking areas for five or more automobiles shall
have individual spaces marked. For purposes of approximate computation, anoff-street parking
space and necessary access and maneuvering maybe estimated at three hundred (300) square feet,
but off-street parking requirements will be considered to be met only when actual spaces meeting the
requirements above are provided and maintained, improved in a manner appropriate to the
circumstances of the case, and in accordance with all ordinances and regulations of the City.
(105)- PAkKWAYS: Those streets which are similar to an arterial, but with a large median for
landscaping and somewhat slower traffic flow.
(106) PEDESTRIAN WAYS: Is a tract of land dedicated.to public use, which cuts across a blockto
facilitate pedestrian access to adjoining streets or properties.
(107) PERMANENT FOUNDATION: The masonry or concrete substructure of a structure which
directly supports the structure around its entire perimeter and at points within its perimeter where
needed.
(108) PERSON shall mean an individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, special district, or any other
group or combination acting as an entity.
(1.09) PLANNED DEVELOPMENT: Special development of certain tracts of lard, planned. and
designed as a unit for one or more land uses under the regulations and procedures contained in this
Ordinance and as approved by the City Council.
(110) PLANNING AREA AND PLANNING JURISDICTION shall both mean the City and two (2)
miles beyond the corporate limits as illustrated by the official zoning classification map.
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(111) PRIVATE CLUB: Anon-profit association of persons who are bona fide members paying
annual dues, which owns, hires or leases a building or premises, or portion thereof, the use of such
building or premises being restricted to members and their guests. The affairs and management of
such private clubs are conducted by a board of directors, executive committee, or similar body
chosen by the members at their annual meeting. It shall be permissible to serve food and meals on
such premises providing adequate dining room space and kitchen facilities are available. The sale of
alcoholic beverages to members and their guests shall be allowed provided it is secondary and
incidental to the promotion of some other common objective by the organization, and further
provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State,
County, and Municipal laws:
(112) PROFESSIONAL OFFICE shall mean any building or portion of a building used or intended
to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant and
other similar professions.
(113) PUBLIC UTILITY: Any business which furnishes the general public (a) telephone service,
(b) telegraph service, (c) electricity, (d) natural gas, (e) water and sewer, (f) cable television, (g) any
other business so affecting the public interest as to be subject to the supervision or regulation by an
agency of the State.
(114) QUASI-PUBLIC ORGANIZATIONS shall mean any non-governmental organization that is
devoted entirely to public service and welfare.
(115) REPAIR GARAGE: See GARAGE, REPAIR
(116) RESIDENTIAL CONDOMINNM: See CONDOMINIUM, RESIDENTIAL
(117) RENTAL AND LEASING ESTABLISHMENTS, INSIDE STORAGE ONLY shall mean an
establishment renting or leasing, on a long or short term basis, and storing on location equipment and
miscellaneous items, all of which equipment and miscellaneous items must be stored inside and no
outside storage is utilized:
(118) RENTAL AND LEASING ESTABLISHMENTS, OUTSIDE AND INSIDE STORAGE, shall
mean an establishment renting or leasing, on a long or short term basis, and storing on location either
inside or outside, equipment or other items excluding general consumer or household items such as
furniture, appliances, and yard or garden tools or equipment.
(119) SALVAGE YARD: Any lot, or the use of any portion of a lot, for the dismantling, storage or
wrecking of machinery, f2rm~ machinery, and including motor vehicles or for the storage or keeping
for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or
keeping of junk including scrap metals or other scrap materials, with no burning permitted.
(120) SIGHT TRIANGLE: atriangular-shaped portion of land established at street intersections in
which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection. Also known as a sight easement.
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(121) SIGN: Any device which shall display or include any letter, word, model, banner, flag,
pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or
announcement which directs attention to an object, product, place, activity, person, institution,
organization or business but shall not include any display of official notice or official flag.
(122) SIGN, ANIMATED OR MOVING: Any sign or part of a sign that changes physical position
or light intensity by any movement or rotation or that gives the visual impression of such movement
or rotation.
{123) SIGN, AWNING, CANOPY, OR MARQUEE: A sign that is mounted, painted, or attached to
an awning, canopy, or marquee that is otherwise permitted by ordinance.
(124) SIGN, BILLBOARD, OR OFI`-SITE: A sign that directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location other than the premises on which
the sign is located.
(125) SIGN, GROUND: A sign, other than a pole sign, in which the entire bottom is in contact with
or is close to the ground and is independent of any other structure.
(126) .SIGN, HOME OCCUPATION: A sign containing only the name and occupation of a
permitted home occupation.
(127) SIGN, ILLUMINATED: A sign lighted by or exposed to artificial lighting either by lights on
or in the sign or directed toward the sign.
(128) SIGNS, ON-SITE: A sign relating in its subj ect matter to the premises on which it is located,
or to products, accommodations, services, or activities on the premises. On-site signs do not include
signs erected by the outdoor advertising industryin the conduct of the outdoor advertising business.
(129) SIGN, POLE: A sign that is mounted on a freestanding pole or other support so that the
bottom edge of the sign face is six feet or more above grade.
(130) SIGN, POLITICAL: A temporary sign announcing or supporting political candidates or issues
in connection with any national, state, or local election..
(131) SIGN, PROJECTING: A sign that is wholly or partly dependent upon a building for support
and that projects more than twelve inches from such building.
(132) SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the premises, or a portion of
the premises, on which the sign is located.
(133) SIGN, TEMPORARY, PORTABLE: A sign or advertising display that is not permanent
(affixed to a building, structure, or the ground), constructed of cloth, canvas, fabric, plywood, or a
more substantial material that is attached to wheels and is moveable, all of which are intended to be
displayed for a short period of time.
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(134} SIGN, WALL: a sign fastened to or painted on the wall of a building or structure in such a
manner that the wall becomes the supporting structure for, or forms the background surface of, the
sign and that does not project more than twelve inches from such building, or structure.
(135) SIGN AREA: The entire face of a sign, including the advertising surface and any framing,
trim, or molding but riot including the supporting structure. In the event a sign has more than one
face, the combined area of each face shall equal the total area of the sign.
(13 6) SORORITY shall mean a building or structure housing a group of women associated for their
common interest. Such group may eat, sleep, and otherwise use facilities as are provided. on the
premises.
(137) STORAGE UNITS, M1M: Storage units primarily for the storage and housing of personal.
property including but not limited to household goods, boats, motor vehicles, with each unit
generally not exceeding two hundred (200) square feet.
(13 8) STORY shall mean a space in a building between the surface of any floor and the surface of
the floor above, or if there be no floor above, then the space between such floor and the ceiling or
roof above. The basement as defined herein shall not be considered as a story of the building.
(139) STREET shall be defined as meaning apublic thoroughfare orright-of--way, dedicated, deeded
or condemned for use as such, other than an alley, which affords the principle means of access to
abutting property, including avenue, place, way, drive, lane, boulevard, highway, road or any other
thoroughfare except as excluded herein.
(140) STREET LINE shall mean the boundary line between the street right-of--way and the abutting
property.
(141) STREET, LOOP: A street having both ends terminating on another single street.
(142) STREET, MARGINAL: A minor street which is parallel to and adj acent to an arterial street
and which serves to reduce the number of access points to the arterial street and thereby increase
traffic safety.
(143) STREET NETWORK:
a. EXPRESSWAY: A street which provides fast and efficient movement of large volumes
of traffic between areas and does not provide a land service fiuiction.
b. ARTERIAL: A street which provides for through traffic movement bet<,~aeen and around
areas with direct access to abutting property, subject to necessary control of entrances, exits,
and curb use.
c. COLLECTOR: -A street which provides for traffic movement between arterials and local
streets, with direct access to abutting property.
d. LOCAL: A street which provides direct access to abutting land, and local traffic
movement whether in business, industrial, or residential land.
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(144) STRUCTURE: Anything constructed or erected, the use of which requires permanent
location on the ground or attachment to something having a permanent location on the ground, but
not including fences or public items such as utility poles, street light fixtures, street signs and
outdoor areas such as paved areas, driveways or sidewalks.
(145) STRUCTURAL ALTERATIONS: Any change in the supporting members of abuilding, such
as bearing walls.or partitions, columns, beams, or girders, or any complete rebuilding of the roof or
the exterior walls. For the purpose of this regulation, the following shall not be considered as
structural alterations:
a. Attachment of a new front where structural supports are not changed.
b. Addition of fire escapes where structural supports are not changed.
c. New windows where lintels and support walls are not materially changed.
d. Repair or replacement of non- structural members.
(146) STRUCTURE, TEIVIPORARY shall mean a structure which is readily movable.
(147) TAVERN: An establishment inwhich the primary function is the public sale and serving of
alcoholic beverages for consumption on the premises, including establishments, commonly known as
key clubs, which are open, and in which alcoholic beverages are served, only to members and their
guests.
(148) VISUAL OBSTRUCTION shall mean any fence, hedge, tree, shrub, wall or structure
exceeding three (3) feet in height, measured from the crown of intersecting or intercepting streets,
alleys, or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or
driveways. This does not include trees kept trimmed of branches below a minimum height of eight
(8) feet.
(149) VARIANCE: A variance is a waiver of the terms of the Zoning Ordinance where such
variance will not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of the actions of the applicant, a literal enforcement of the Ordinance
would result in unnecessary and undue hardship. As used in this Ordinance a variance is authorized
"only for height, area, and size of structure or size of yards and open spaces; establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be
granted because of the presence ofnon-conformities in the zoning district or uses in an adjoining
zoning district or because of conditions created by the landowner.
(1 SO) WALL shall mean any structure or device. forming a physical barrier, which is so constructed
that fifty (50) percent or more of the vertical surface is closed and prevents the passage of Light, and
vision through said surface in a horizontal plane.
12/1997
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(151) YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure provided, however, that fences, walls, poles, posts, and other
customary yard accessories, ornaments and furniture may be permitted in any yard subj ect to height
limitations and requirements limiting obstructions of visibility and subj ect to the district regulations.
In the case of corner Lots that have streets on two or more sides, front yards of the required depth
shall-be provided on all street frontages.
In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all frontages. Where one (1) of the front yards that would
normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning
administrator may waive the requirement which shall not exceed the average of the yards provided
on adjacent lots.
In the case of interior lot, a front yard of the required depth shall be provided, except the zoning
administration may waive the requirement in keeping with the prevailing yard pattern of the adjacent
lots. The waiver shall not exceed the average of the yards provided on adjacent lots.
(152) YARD, FRONT: A yard extending from the front lot line adj oining a public street to the front
of the building between side lot lines.
In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on
either frontage, and a second front yard of half the depth required generally for front yards in the
district shall be provided on the other frontage unless otherwise provided in the district regulations.
In the case of corner lots with more than two (2) frontages, the zoning administrator shall determine
the front yard requirements; subject to the following limitations.
1. In the case of corner lots with more than two frontages existing and platted prior to July 1,1994:
A. At least one front yard shall be provided having the full depth required generally in the
district.
B. No other front yard on such lot shall have less than one-half the full depth required
generally.
2. In the case of all such corner lots platted or replatted subsequent to July 1,-1994, both of the front
yards shall have the full depth required generally in the district. Depth of required front yards shall
be measured at right angles to a straight line joining the foremost points of the side lot lines. The
foremost point of the side lot line, in.the case of rounded property corners at street intersections, shall
be assurried to be the point at which the side and front lot lines would have met without such
rounding. The front lot line and the inner edge of the front yard shall be parallel.
(153) YARD, REAR: A yard extending from the rear lot line to the rear of the building between
inner side yard line. In the' case of through lots and corner lots, there will be no rear yards, but only
front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard
established is a strip of the minimum width required by district regulations with its inner edge
parallel with the rear lot line.
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(154) YARD, SIDE: A yard extending from the rear line of the required front yard to the rear lot
line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the
intersection of the lot line involved with the public street. In the case of through lots, side yards shall
extend from the rear lines of front yards required. In the case of corner lots, yards remaining after
full and half-depth front yards have been established shall be considered side yards. Width of a
required side yard shall be measured in such a manner that the yard established is a strip of the
minimum width required by district regulations with its inner edge parallel with the side lot line.
(155) YARD, SPECIAL: A yard behind any required yard adjacent to a public street, required to
perform the same function as a side or rear yard, but adjacent to a lot line so placed or oriented that
neither the term "side yard" nor. the term "rear yard" clearly applies. In such cases, the zoning
administrator shall require a yard with minimum dimensions as generally required for a side yard or a
rear yard in the district, determining which shall apply by the relation of the portion of the Iot on
which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and
l~~atipn of etn~~t~irec and b~~ildable areas thereon.
05/2002
27
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28
ARTICLE 4. ESTABLISHMENT AND DESIGNATION OF DISTRICTS
SECTION 401 PLANNING COMMISSION RECOMMENDATIONS
It shall be a purpose of the Planning Commission to recommend the boundaries of the various
original districts and appropriate regulations to be enforced therein. The Planning Conunission shall
make a preliminary report and hold public hearings thereon before submitting its fmal report, and the
City Council shall not hold its public hearings or take action until it has received the fmal report of
the Planning Commission.
SECTION 402 DISTRICTS CREATED
For the purpose of this Ordinance there are hereby created the following types of districts by which
the jurisdiction area defined in SECTION 102 shall be divided:
AGG -General Agriculture District
RRE -Rural Residential Estate District
RL -Residential Low Density District
RM -Residential Medium Density District
RML -Multi-Family Low Residential Density District
RMH -Multi-Family Residential High Density District
CH -Highway Commercial District
CCB -Central Business District
CL -Limited Commercial
ML -Light Industrial and Manufacturing District
MH -Heavy Industrial and Manufacturing District
SHM -Special -Mobile Home District
SFP -Special -Flood Plain District
SPD -Special -Planned Development District
SECTION 403 DISTRICT ZONING MAP
The City is hereby divided into zones or districts, as shown on the Official Zoning Map which,
together with all explanatory matter thereon, is thereby adopted by reference and declared to be a part
of this Ordinance. The Official Zoning Map shall be identified by the signature of the Chairman or
the Mayor, attested by the City Clerk and bearing the seal of the City under the following words:
"This is to certify that this is the Official Zoning Map referred to in SECTION 403 of Ordinance No.
1798 of The City of Blair, Nebraska, together with the date of the adoption of this Ordinance.
SECTION 404 ZONING MAP CHANGES
If, in accordance with the provisions of this Ordinance changes are made in the district boundaries or
other matter portrayed on the Official Zoning Map such changes shall be entered on the Official
Zoning Map promptly after the amendment has been approved by the City Council with an entry on
the Official Zoning Map the following change(s) were made in the Official Zoning Map: (brief
description of nature of change)", which entry shall be signed by the Chairman or the Mayor and
attested by the City Clerk.
29
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except
in conformity with the procedures set forth in this Ordinance.
Any unauthorized change of whatever kind by any person or persons shall be considered a violation
of this Ordinance and punishable as provided.under Section 1702.
Regardless of the existence of purported copies of the Official Zoning Map which may, from time to
time, be made or published, the Official Zoning Map which shall be located in the office of the City
Administrator shall be the final authorized as to the current zoning status of land and water areas,
buildings, and other structures in the City.
SEC'Y'If~l~T 405 RULES JFf?~R Il°~T~i'ERPRE~A~'I®1V ®Y' DISTiRICT ~~UN~~iR~iES
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map the
following rules shall apply:
1. Boundaries indicated as approximately following the center lines of streets,
highways, or alleys shall be construed to follow such center lines;
2. Boundaries indicated as approximately following platted lot lines shall be
construed as following such lot lines;
3. Boundaries indicated as approximately following city limits shall be construed as
following such city limits;
4. Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks;
5. Boundaries indicated as following shore lines shall be construed to follow such
shore lines, and in the event of change in the shore line shall be construed as moving
with the actual shore line; boundaries indicated as approximately following the center
line of streams, rivers, canals, lakes, or other bodies of water shall be construed to
follow such center lines;
6. Boundaries indicated as parallel to or extensions of features indicated in
subsection 1 through 5 above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale of the map;
7. Where physical or cultural features existing on the ground are at variance with
those shown on the Official Zoning Map, or in other circumstances not covered by
subsections 1 through 6 above, the City Council shall interpret the district
boundaries.
30
8. Where a district boundary line divides a lot which was in single ownership at the
time of passage of this Ordinance the City Board of Zoning Adjustment may permit,
as an exception, the extension of the regulations for either portion of the lot not to
exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
SECTION 406 ANNEXATION RULE
All territory which may hereafter be annexed to the zoning area shall be in the RL Residential Low
Density District unless otherwise designated.
31
ARTICLE 5. AG AGRICULTURAL DISTRICTS
The purposes and objectives of the Agricultural Districts are to preserve land best suited for
agriculture from the encroachment of incompatible uses, to prevent the intrusion of urban
,development into agricultural areas which would make agricultural production uneconomical or
impractical, to preserve in agricultural use land suited to eventual development in other uses until
such time as streets, utilities and other community facilities may be provided or programmed as to
ensure the orderly and beneficial conversion of these lands to nonagricultural use; to provide
appropriate locations for certain types of establishments primarily serving agricultural producers; to
permit the application of regulations to major agricultural areas of the City which will reflect basic
physical differences and attractions among such areas.
SECTIGl~I 501 AGG GEldTERAL AGRICULTURAL DISTRICT
501.01 INTENT. The intent of this district is to recognize the transition between agricultural uses of
land and the community; to encourage the continued use of that land which is suitable for
agriculture, but limit any land uses that maybe detrimental to normal community expansion.
501.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right.
(1) Any form of agriculture including the raising of crops, horticultural uses, animal
husbandry, poultry husbandry and fisheries conforming to one animal unit per acre.
Grain storage either publicly or privately owned, beyond 1,000 feet of the Blair
corporate limits.
(2) Single family dwellings. .
(3) Irrigation and flood control projects.
(4) Signs subject to section 1114 of this ordinance.
(5) Public utility and public service structures including electric transmission lines and
distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and reservoirs.
(6) Irrigation wells, water retention pits and silage bunkers, when in conformance with the
following:
No irrigation wells, water retention pits, or re-use pits, or silage bunkers shall be
located within thirty (30) feet from any public right-of--way except that at township,
county, state, or federal road intersections, such wells, pits, or bunkers must be located
no closer than seventy (70) feet from the nearest intersection of the publicright-of--way.
(7) Windbreaks, when in conformance with the following:
No windbreaks consisting of planted trees and/or shnabs shall be located within thirty
(30) feet from any public right-of--way, except that at township, county, state, or federal
road intersections, such windbreaks must be located no closer than seventy (70) feet
from the nearest intersection of public right-of--way.
32
501.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted.
(1) Accessory uses and structures normally .appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
(2) Home occupations
(3) Roadside stands for the sale of agricultural produce grown on the site.
501.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the AGG
General Agricultural District in accordance with Article 14 of this Ordinance.
(1) Airports and heliports including crop dusting strips;
(2) Farm equipment service and repair; veterinary services; commercial auction yards and barns;
bulk storage of petroleum products for distribution or direct sales to agricultural consumers;
(3) Public and quasi-public uses of an education, recreational, or religious type including public and
parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private
nonprofit schools and colleges; churches, parsonages, and other religious institutions.
(4) P>gricultural service establishments primarily .engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis; agricultural product milling and
processing; commercial grain warehouses; establishments engaged in performing services such as
crop dusting, fruit picking, grain cleaning, harvesting and plowing; farm equipment services and
repair:
(5) Community facilities and institutions including monasteries, .convents and other religious
institutions; public and private philanthropic and charitable institutions; cemeteries; hospitals,
sanitariums, nursing homes and rest homes; private, noncommercial clubs and lodges;
(6) Public uses. of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other buildings, structures, and facilities;
(7) Penal institutions;
(8) Sewage treatment plants for primary and secondary treatment; public and private sanitary land
fills; gravel plants and asphalt or concrete batch plants;
(9) Salvage yards;
(10) Dirt, soil, sand, gravel, and rock borrow pits and processing sites;
33
(11) Boarding and training or breeding kennels;
(12) Gas and oil wells;
(13) Agricultural retail and wholesale establishments and grocery stores, service stations and
restaurants for convenience of rural areas;
(14) Commercial feedlots, as defined in SECTION 303.01, subject to the Department of
Environmental Control's Rules and Regulations pertaining to Livestock Waste Control, as amended.
(15) Commercial auction yards and barns.
(16) Single family residences, including mobile homes, for farm residents adj scent to the principal
farm residence for occupation by relatives of consanguinity and marriage or for farm workers
employed on the premises.
(17) Family day care home, group day care home, or day care center.
(18) Truck sales, both new and used.
(19) Contractor yards.
(20) Golf Courses and Driving Ranges.
(21) Mobile Home Parks, Campgrounds.
501.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance, the following regulations shall apply as minimum requirements for granting
exceptions in the AGG General Agricultural District.
1) Airport sites shall be so situated that the airport hazard area defined by the Nebraska Department
of Aeronautics shall not include any existing obstruction regardless ofpublic orprivate ownership of
the airport.
(2) Any use involving a business, service or process not completely enclosed in a structure, when
located on a site abutting on or across a street or an alley from any Residential District, shall.be
screened by a solid fence or masonry wall or a compact growth of natural plant materials not less
than six (6) feet in height if the Board finds said use to be unsightly.
5/2000
7/2000
1/2002; 3/2003
34
(3) Commercial feedlots are not allowed within one (1) mile of the City of Blair's corporate limits.
No commercial feedlot shall be located within one-thousand (1,000) feet of an existing residential
structure other than that of the owner, operator or employee of the feedlot, nor shall a residential
structure other than that of the owner, operator, or employee be located within one-thousand (1,000)
feet of an existing feedlot.
(4) No salvage or wrecking yard shall be located within five-hundred (500) feet of any public
right-of--way or within one thousand (1,000) feet of any Residential District. Salvage and wrecking
yards shall be screened on all sides by a solid fence or masonry wall or a compact growth of natural
plant materials not less than eight (8) feet in height.
(5) For borrow pits, the owner must submit grading plans(s) showing final grades, amounts, and
material to be removed, method and direction ofhauling, sediment control plan to restrict materials
from washing onto or into public and/or private property, final seeding specifications, proposed dust
anal other airborne debris control plan, and a time table necessary for completion of the work.
(6) Borrow area containing 20,000 square feet or more must submit a grading plan showing final
grades, amount of material to be moved, a sediment control plan to restrict materials from eroding
from the property, seeding specifications, and a time table necessary for completion of the work.
501.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the AGG General
Agricultural District.
501.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for all uses prescribed in AGG District shall be ten (10) acres.
(2) The minimum lot width at the front building line shall bethree-hundred (300) feet.
501.08 MINIMUM YARD REQUIItEMENTS:
(1) Front yard: There shall be a minimum front yard of not, lessthan adepth ofone-hundred twenty
(120) feet from the center Line of a Federal Aid-Primary or Federal Aid-Secondary designated street
or highway of fifty (50) feet from the property line, whichever is greater. On all other streets or
highways there shall be a minimum front yard of not less than a depth of ninety (90) feet from the
center line of the street or highway or fifty (50) feet from the property line, whichever is greater; and
further, these yard requirements shall apply to any yard abutting a public street or highway regardless
of the lot being an interior or corner lot.
(2) Rear yard: There shall be a minimum rear yard of not less than a depth of f fty (50) feet;
provided, however, residential accessory structures and agricultural accessory structures, other than
those that are used for the rearing, breeding, sheltering, or keeping of livestock or other animals,
including, but not limited to, cattle, swine, horses, sheep, goats, poultry, or domestic animals, may
have a rear yard setback of not less than twenty-five (25) feet.
112002
35
(3) Side yard: There shall be a minimum side yard of not less than fifty (50) feet; provided,
however, residential accessory structures and agricultural accessory structures, other than those that
are used for the rearing, breeding, sheltering, or keeping of livestock or other animals, including, but
not limited to, cattle, swine, horses, sheep, goats, poultry, or domestic animals, may have a side yard
setback of not less than twenty-five (25) feet.
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.
~Ol .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.
8/1SSS; 11/1SSS;.S/2000; 7/2000; 10/2000; 01/2002
36
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37
ARTICLE 6. RESERVED
38
ARTICLE 7 R RESIDENTIAL DISTRICTS
The purposes and objectives of the Residential Districts are to preserve and protect areas in the City
which by their location, proximity to other land uses, the character of the natural environment, and
accessibility to public services and facilities exhibit a high potential as living areas for the people.
The regulations are intended to preserve the quality and character of existing residential
neighborhoods, as well as encourage continuing maintenance and rehabilitation by insuring that
incompatible uses of the land will not encroach upon the residential areas.
SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT
701.01 INTENT: This district is intended primarily for application to subdivision of land in
agricultural and scenic areas to: (a) permit the opportunity of developing estate-type Lots which,
because of their size, cannot be economically accommodated within urban areas; and (b) to
encourage the provision ofestate-type lots as a subdivision of land which will assure the provisions
of at least those minimum physical improvements necessary to protect the health, safety and general
welfare of people living on estate-type lots or parcels.
701.02 PERMITTED PRINCIPAL USES AND STRUCTURES : The following shall be permitted
as uses by right:
(1) Single-family dwellings;
(2) Raising of fruit and nut trees, vegetables and horticultural specialties;
(3) Breeding, hatching, raising and fattening birds, rabbits, chinchillas, hamsters, or other small
animals and fowl on a domestic and noncommercial basis, not to exceed one animal unit per acre,
provided that no structure housing poultry or small animals shall be closer than fifty (50) feet to any
property line, or closer than twenty-five (25) feet to any dwelling on the site.
(4) The raising or keeping of horses, not to exceed one (1) animal unit per acre provided that no
stable shall be located closer than fifty (50) feet to any property line or to any dwelling on the site.
(5) Public and private playgrounds, parks, community centers and other recreational facilities for
communal use on an exclusive noncommercial basis.
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings.
(7) Public service pumping stations and/or elevated pressure tanks.
701.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structure
normally appurtenant to the permitted uses and structures and to uses and structures permitted as
exceptions shall be permitted.
39
701.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RRE Rural
Residential Estate District in accordance with ARTICLE 14 of this Ordinance.
(1) Home occupations.
(2) Temporary subdivision .sales offices and signs and model home display areas.
(3) Signs subject to SECTION 1114 of this Ordinance.
(4) Family day care home, not operated within a private dwelling, group day care home, and day
care center.
(5) Borrow area.
701.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RRE Rural
Residential Estate District.
701.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RRE Rural
Residential Estate District.
701.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area shall be three (3) acres:
(2) Each lot shall have not less than eighty (80) feet of frontage, when a lot fronts on a cul-de-sac or
Loop street, where there are curbs and gutters and shall have not less than one hundred (100) feet of
frontage where there are not curbs and gutters.
(3) The minimum width of each lot shall be one hundred (100) feet.
(4) Each lot shall have a depth of not less than one hundred fifty (150) feet.
701.08 MINIMUM YARD REQUIREMENTS:
(1). Front yard: There shall be a minimum front yard of not less than adepth ofone-hundred (100)
feet from the center line of 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 of not less than a depth of ninety (90) .feet from the
center line of the street or highway or fifty (50) feet from the property line, whichever is greater.
These yard requirements shall apply to any yard abutting a Federal Aid-Primary or a Federal
Aid-Secondary designated street or highway, or all other street or highways, regardless of the lot
being an interior or corner lot.
40
(2) Rear yard: The minimum rear yard of a principal structure shall betwenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be ten (10) feet.
(4) Distance between structures: The minimum distances between asingle-family dwelling and
another structure shall be ten (10) feet.
(5) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled. curbs shall be three (3) feet wider than the driveway pavement on each side.
(6) 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 properly 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-oi 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. "
701.085 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.
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 (3 5) feet for
the main structure. The size limitations for accessory structures located within the City Limits of
Blair, Nebraska, shall be subj ect 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.
1/1999
41
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. _
Not withstanding the above, all such off street parking shall comply with the provisions of Section
1111.03 of this ordinance.
701.13 ADDITIONAL PAVING AND OTHERIMPROVEMENT REQLJIREMENTS: In addition
to the other requirements set forth .above, the following conditions shall be required for any
subdivision of land in the Rural Estate District:
(1) Paving Requirement -For any subdivision of land which has any platted lot(s) with an area
of thirty thousand square feei up to 1.25 acres, all streets, curb and gutter shali be paved with
asphaltic concrete or concrete in conformance with Section 603, et. seq. Of the Subdivision
Regulations for the City of Blair, Nebraska, and shall also have a public water supply system
and a wastewater distribution system that conforms to the rules and regulations established
by the State ofNebraska, Department of Environmental Quality Rules and Regulations (See
Title 124 Chapter 4 of the DEQ Regulations, as amended from time to time)
(2) For any subdivision of land which has any platted lot(s) with a minimum lot size of 1.25
acres up to 2.99 acres, such subdivision shall have a public water supply system and shall
have a wastewater distribution system that conforms to the rules and regulations established
by the State of Nebraska, Department of Environmental Quality Rules and Regulations (See .
Title 124 Chapter 4 of the DEQ Regulations, as amended from time to time)
(3) For any subdivision of "land which has a minimum Iot size of 3 acres, the developer must
include, as part of the preliminary plat and fmal, at least one soil percolation test for every
five lots spaced evenly throughout the subdivision and shall have a wastewater distribution
system that conforms to the rules and regulation established by the State of Nebraska,
Department of Environmental Quality Rules and Regulations (See Title 124 Chapter 4 of the
DEQ Regulations as amended from time tot time)
(4) For any subdivision zoned Rural Residential Estate District shall contain a minimum of four
lots or be contiguous to land previously zoned as Rural Residential Estate District.
12/1997; 8/1999
11/1999; 10/2001
01/2002
42
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43
SECTION 702 RL RESIDENTIAL LOW DENSITY DISTRICT
702.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to low density concentrations ofone-family dwellings where regulations are
designed to accomplish the.following: To promote and encourage a suitable environment for family
life; to provide space for community facilities needed to complement urban residential areas and for
institutions which require a residential environment; to minimize traffic congestion and to avoid the
overloading of a utilities and public facilities designed to service only one-family residential uses in
accord with standards of the comprehensive plan.
702.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:
(1) Single-family dwellings.
702.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenantto the permitted uses and structures and to
uses and structures permitted as exceptions.
702.04 EXCEPTIONS: After the provisions.of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RL
Residential Low Density District in accordance with ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices, except barber and beauty shops;
(2) Public and quasi-public uses of an education, recreational, or religious type including public and
parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private
nonprofit schools and colleges; churches, parsonages, and other religious institutions;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures, and facilities;
(5) Cemeteries;
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Signs subject to SECTION 1114 of this Ordinance.
(8) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
44
702.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RL Residential
Low Density District.
702.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RL Residential
Low Density District.
702.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single family dwellings shall betwelve-thousand (12,000) square feet;
(2) Each Iot shall have not Less than fifty (50) feet of frontage when a Iot fronts on a cul-de-sac or
loop street.
(3) The minimum width of each lot shall be eighty (80) feet;
(4) Each lot shall have a depth of not less than one-hundred (100) feet.
(5) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
702.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than a depth ofone-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 of not less than a depth of twenty-five (25) feet.
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five {25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be nine (9) feet.
(4) Distance between structures: The minimum distances between asingle-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
45
(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 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.
702.09 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 (3 5) feet for
the main structure. The size limitations for accessory structures located within the City Limits of
Blair, Nebraska, shall be subj ect 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. i2 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with
the provisions of Section 204 of this Ordinance.
12/1997; 8/1999; 11/1999; 1/2002
46
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47
SECTION 703 RM RESIDENTIAL MEDIUM DENSITY DISTRICT
703.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to medium density concentrations ofone-family dwellings where regulations
are designed to accomplish the following: To promote and encourage a suitable environment for
family life; to provide space for areas and for institutions which require a residential environment; to
minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to
service only one-family residential uses in accord with standards of the comprehensive plan.
703.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall bepermitted
as uses by right:
(1) Single-family dwellings.
703.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structure shall be permitted:
(1) Accessory uses and structures normally'appurtenarit to the permitted uses and structures and to
uses and structures permitted as exceptions.
703.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RM
Residential Medium Density District in accordance with ARTICLE 14 of this Ordinance.
(1) Home occupations and home professional offices.
(2) Public and quasi-public uses of an educational, recreational or religious type including public
and parochial elementary schools, junior high schools; high schools and colleges; churches, nursery
schools; private nonprofit schools and colleges; parsonages, and other religious institutions, public
parks, public playgrounds;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures, and facilities;
(5) Cemeteries;
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings, .
public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(~) Hospitals, medical and dental clinics and other medical and health facilities;
48
(9) Two family dwellings;
(10) Attached single family dwellings;
(11) Residential condominiums with two (2) Living units pursuant to Section 1116.
(12) Signs subject to SECTION 1114 of this Ordinance.
(13) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
(14) Mortuaries, funeral homes and funeral chapels.
703.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RM Residential
Medium Density District.
.703.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RM Residential
Medium Density District.
703.07 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be seven thousand two-hundred (7,200)
square feet; the minimum lot area for two family dwellings and attached single family dwellings
shall be twelve thousand (12,000) square feet and the minimum lot areaper dwelling unit shall be six
thousand (6,000) square feet.
(2) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac or
loop street except any lot with a two family dwelling or attached single family dwelling shall have
not less than sixty (60) feet of frontage when a lot fronts on a cul-de-sac or loop street.
(3) The minimum width of each lot shall be seventy (70) feet provided, however, the minimum lot
requirement shall not apply to individual dwelling units of attached single family dwellings.
(4) Each lot shall have a depth of not less than ninety (90) feet.
(5) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
703.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard of not less than adepth ofone-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 of not less than a depth of twenty-five (25) feet from
the property line. .
49
(2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (25) feet.
(3) Side yards: The minimum side yards of a principal structure shall be seven (7) feet.
a. 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 or fifteen (15)
feet from the property line where the garage opening is perpendicular to the property line requiring a
curved driveway approach.
b. 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 or town
houses.
(4,1 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 orright-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, no structure shall be installed or constructed in
violation of Section 1110.5 of this Zoning Ordinance.
703.09 MA~~IMLJM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40)
percent of the total lot area.
50
703.10 MA~~MUM HEIGHT: The height of all structures shall not exceed thirty-five (3 5) feet for
the main structure. The size limitations for accessory stnzct«res 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.
12/1997
8/1999
11/1999
01/2002
51
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52
SECTION 704 RML MULTI-FAMILY RESIDENTIAL LOW DENSITY DISTRICT
704.01 INTENT: This district is intended primarily to provide living areas within the City where
development is limited to low density concentrations ofmultiple-family dwellings and single family
dwellings which are compatible in character and density with the multiple-family residential
environment where regulations are designed to accomplish the following: To promote and
encourage a suitable environment for family life; to provide space for community facilities needed to
compliment urban residential areas and for institutions which require a residential. environment; to
minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to
service. only residential_and residential service uses in accord with standards of the comprehensive
plan.
704.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right;
(1) Single family dwellings;
(2) Two family dwellings;
(3) Attached single family dwellings;
(4) Residential condominiums with two (2) living units pursuant to Section 1116;
(5) Churches, parsonages, and other religious institutions;
(6) Public parks, public playgrounds.
704.03 PERMITTED ACCESSORY USES AN_ D STRUCTURES: The following accessory uses
and structures shall be permitted.
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
704.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled the City Council may permit the following conditional uses as exceptions in the RML
Multi-Family Residential Low Density District in accordance with ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices;
(2) Public and quasi-public uses of an educational, recreational or religious type including public
and parochial elementary schools, junior high schools, high schools and colleges; nursery schools;
private nonprofit schools and colleges.
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and fire stations
and other public buildings, structures and facilities;
(5) Cemeteries;
53
(6) Electrical distribution substations, gas regulator stations, communications equipmentbuildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Hospitals, medical and dental clinics and other medical and health facilities;
(9) Professional offices;
(10) Mortuaries, funeral homes and funeral chapels;
(11) Mobile home parks under prescribed conditions of SECTION 1112.02 of this Ordinance;
(12) Signs subject to SECTION 1114 of this Ordinance;
(13) Multi-family dwellings, to a maximum of six units.
(14) Residential condominiums, to a maximum of six (6) living units pursuant to Section 1116.
(1 S) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
704.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RML
Multi-family Residential Low Density District.
704.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RML
Multi-family Residential Low Density District.
704.07 MINIMUIv1 LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be six thousand (6,000) square feet;
(2) The minimum lot area for two family, attached single family dwellings, shall be eight thousand
(8,000) square feet, each additional unit shall have a minimum lot area of four thousand (4,000)
square feet per dwelling unit;
(3) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac or
Loop street except any lot with a two family dwelling or attached single family dwelling shall have
not less than sixty (60) feet of frontage when a lot fronts on a cul-de-sac or loop street;
(4) The minimum width of each lot shall be sixty (60) feet provided, however, the minimum width
requirement shall not apply to individual dwelling units of attached single family dwellings.
54
(5) Each lot shall have a depth of not less than eighty (80) feet.
(6) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
704.08 MINIMUM YARD REQUIlZEMENTS:
(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 of not less than a depth of twenty.(20) feet from the
property line.
(2) Rear yard: The minimum rear yard of a permitted use shall be ten (10) feet, provided, however,
if the permitted use is other than a single family dwelling and the site abuts a residential district
without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yards of a permitted use shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. Aside yard providing access to more than one dwelling unit shall be not less than ten (10)
feet.
c. The minimum side yard shall be nine (9) feet for any site adjacent to a RL -Residential
Low Density District.
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 (1 C~) 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
55
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 specificallypermitted, 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 orright-of--way along the rear property line. Ifthe accessorybuildingrequires --
vehicular access perpendicular to an alley, a minimum fifteen (15) feet access
driveway is required between said accessory building and the alley.
704.085 ADDITIONAL ALL SETBACK REQUIREMENTS - CREEK/WATER COURSES: In
addition to any other minimum yard requirements, no stricture 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.
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 subj ect to the provisions of SECTION 1103.02 and SECTION 11 OS 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.
12/1997; 08/1999
11/1999; 01/2002
56
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57
SECTION 705 RMH MULTIFAMILY RESIDENTIAL HIGH DENSITY DISTRICT
705.01 INTENT: This district is intended primarily to provide living areas within the City where
development is Limited to high density concentrations ormultiple-family dwellings and single family
dwellings which are compatible in character and density with the multiple-family residential
environment where regulations are designed to accomplish the following; to promote and encourage
a suitable environment for family life; to provide space for community facilities needed to
compliment urban residential areas and for institutions which require a residential environment; to
minimize traffic congestion and to avoid the overloading of utilities and public facilities designed to
service only residential and residential service uses in accord with standards of the comprehensive
plan.
705.02 PERMITTTED PRINCIPAL USES AND STRUCTURES: 'lhe following shall be permitted
as uses by right.
(1) Single-family dwellings;
(2) Attached single family dwellings;
(3) Two family dwellings;
(4) Residential condominiums pursuant to Section 1116.
(5) Multiple-family dwellings with forty-eight (48) or fewer living units.
(6) Churches, parsonages and other religious institutions.
705.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions.
705.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the RMH
Multi-Family Residential High Density District in accordance with ARTICLE 14 of this Ordinance:
(1) Home occupations and home professional offices;
(2) Public and quasi-public uses of an educational, recreational or religious type including public
and parochial elementary schools, junior high schools and colleges; nursery schools; private and
nonprofit schools and colleges; public parks, public playgrounds;
(3) Public and private charitable institutions;
(4) Public uses of an administrative, public service or cultural type including city, county, state or
federal administrative centers and courts, libraries, museums, art galleries, police and- fire stations
and other public buildings, structures and facilities;
(5) Cemeteries;
1/1999
58
(6) Electrical distribution substations, gas regulator stations, communications equipment buildings,
public service pumping stations, and/or elevated pressure tanks;
(7) Convalescent, nursing and rest homes;
(8) Boarding and rooming houses;
(9) Hospitals, medical and dental clinics and other medical and health facilities;
(10) Professional offices;
(11) Mortuaries, funeral homes and funeral chapels;
(12) Mobile home parks under prescribed conditions of SECTION 1112.02 of this Ordinance;
(13), Signs subject to SECTION 1114 of this Ordinance.
(14) Family day care home, not operated within a private dwelling, group day care home, or day care
center.
(15) Multiple family dwellings with greater than forty-eight (48) living units.
705.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the RMH
Multi-Family Residential High Density District. -
705.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted or not permissible as exceptions shall be prohibited from the RMH
Multi-family Residential High Density District.
705.07 .MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single-family dwellings shall be five thousand (5,000) square feet;
(2) The minimum lot area for multiple family dwelling units : (2) to (6) units = three thousand
(3,000) square feet per unit. Each additional unit shall be one thousand five hundred(1,500) square
feet per unit.
(3) Each lot shall have not less than forty (40) feet of frontage when a lot fronts on a cul-de-sac or
loop street.
(4) The minimum width of each lot shall be sixty (60) feet.
(5) Each lot shall have a depth of not less than eighty (80) feet.
59
(6) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare
for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
705.08 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 (3S) feet from the property line, whichever is greater. On alI other streets or
highways there shall be a minimum front yard of not less than a depth of fifteen (15) feet from the
property line...
(2) Rear yard: The minimum rear yard of a permitted use shall be ten (10) feet, provided, however,
if the permitted use is other than a single family dwelling and the site abuts a residential district
without separation by an alley, the minimum rear yard shall be fifteen (15) feet.
(3) Side yards: The minimum side yards of a permitted use shall be seven (7) feet.
a. On the street side of a corner lot, side yards shall not be less than ten (10) feet.
b. Aside yard providing access to more than one dwelling unit shall be not less than ten
(10) feet.
c: The minimum side yard shall be nine (9) feet for any site adjacent to a RL -Residential
Low Density District.
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 or fifteen (15) feet from the property line where the garage opening is
perpendicular to the property line requiring a curved driveway approach.
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.
60
(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 specificallypermitted, 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 MA~~IMtJM 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 subj ect 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.
12/1997; 08/1999
11/1999; 01/2002
61
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62
ARTICLE 8 ACH AGRICULTURAL/BUSINESS AND COMMERCIAL DISTRICTS
The several classes of business and commercial districts included in this Ordinance are designed to
provide the opportunity for the various types of retail stores, offices, service establishments and
wholesale business to concentrate for the convenience of the public; to be established in such
relationships to each other as to be mutually beneficial; and to be located and grouped on sites that
are in logical proximity to the respective geographical areas and respective categories of patrons
which they serve.
SECTION 801 ACH AGRICULTURAL/HIGHWAY COMMERCIAL DISTRICT
801.01 INTENT: The ACH Agricultural/Highway Commercial District is intended primarily for
application to areas along major highway entrances to a community in accord with policies of the
comprehensive plan for controlled access to the highway is afforded for the convenience of patrons
traveling the highway. For the purposes of Section 77-1343 R.R.S. Neb. the predominant use for this
district is agricultural and horticultural uses.
801:02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:
(1) Retail and Service which provide services or supply commodities primarily for the convenience
of patrons traveling on state highways and major county road entrances to the community
including:-
Agriculture, Horticultural (crop only)
Auditorium, exhibition hall, club
Athletic complexes and health centers
Automobile service stations
Barber, beauty, tanning, and manicure shops
Bars, cocktail lounges or nightclubs
Boat sales and services
Bowling alley
Bus depots and transit stations
Business and professional offices and buildings
Car and truck sales, both new and used with full service and repairs
Car wash
Contract construction offices and services, when all materials are contained within the walls of
the building
Construction offices
Convenience stores with gasoline sales
Dry cleaning and laundry establishments
Farm implement and farm machinery fabrication, sales and service
Farm equipment and supplies, sales and service
Feed, grain, and fertilizer sales
Furniture stores
Garden and lawn supplies stores, nurseries and greenhouses
Hotels and motels
63
Ice cream and confectionery stores
Lumber and building materials
Mini storage units
Mobile home sales
Plumbing and heating services
Recreational vehicle sales and service
Rental and lease establishments, inside storage only
Repair garages
Restaurants, including drive-in restaurants
Service stations (gasoline) including_dispersion of diesel fuel.....
and complete truck service
Soda fountains
Theaters
Veterinary services and small animal hospitals
(2) Any principal permitted use in the CCB -Central Business District as specified in Section
802.02 if the total structure or building contains principal uses and structures specified in Section
802.02 and such building or structure contains 7,500 square feet or more.
(3) Signs subject to SECTION 1114 of this Ordinance..
(4) Road side rest areas.
801.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures shall be
permitted including the following:
(2) Offices and retail stores incidental to and on the same site with a highway commercial
establishment prescribed in SECTION 801.02 of this Ordinance.
801.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the CH
Highway Commercial District in accordance with ARTICLE 14 of this Ordinance.
(1} Amusement parks; carnivals, circuses, outdoor. festivals and other transient amusement
enterprises; drive-in theaters; golf driving ranges; pony rings; skating rinks; and miniature golf
course;
(2) Churches and other religious institutions;
(3) Private clubs and lodges;
(4) Public buildings and grounds;
(5) Go-Cart race tracks.
(6) Overnight recreational vehicle parking. areas limited to six spaces in conjunction with another
permitted use.
(7) Multi-family dwellings.
(8) Family day care home, group day. care home, or day care center.
64
(9) Public Utility structures, services and facilities
(10) Any principal permitted use in the CCB -Central Business District as specified in Section
802.02 if the total structure. or building contains principal uses and structures specified in
Section 802.02 and such building or structure contains less than 7,500 square feet.
(11) Rental and lease establishments, outside storage; provided however, no rental or lease
establishments for construction equipment shall be allowed.
801.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the CH Highway
Commercial District.
(1) Where a site adjoins or is located across an alley from any R Residential District, a solid wall or
fence, vine covered open fence or compact evergreen hedge six (6) feet in height shall be located on
the property line common to such districts, except in a required front yard.
(2) Open storage of materials attendant to a permitted use or conditional use shall be permitted only
within an area surrounded. or screened by a solid wall or fence six (6) feet in height, provided that no
materials or equipment shall be stored to a height greater than that of the wall or fence.
(3) No use shall be.permitted and no process, equipment or materials shall be used which are found
by the Board to be objectionable to persons living or working in the vicinity by reasons or odor,.
fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibrations, illumination, glare or
unsightliness or to involve any hazard of fire or explosion.
801.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not
specifically permitted. or not permissible as exceptions shall be prohibited from the CH Highway
Commission District.
801.07 NIINIMIJM LOT REQUIREMENTS:
(1) The minimum lot areas shall be eight thousand (8,000) square feet.
(2) Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line. Curb cuts for straight curbs and the
flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side.
801.08 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 of 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 or
Federal Aid-Secondary designated street or highway regardless of the lot being an interior or corner
lot.
1/2002
65
(2) Rear yard: The minimum rear yard five (5) feet except when abutting a R Residential District(s)
set back shall be ten (10) feet.
(3) Side yard: The minimum side yard five (5) feet except when abutting a R Residential District(s)
set back shall be ten (10) feet.
(4) Distance between structures: The minimum distances between a residential or other principal
structure and another structure shall be ten (10) feet.
(5) Additional.. set back. requirements_formulti-family dwellings: In addition to all. other minimum....
rear, side, and front yard requirements herein, there shall be a minimum set back requirement of one
hundred twenty (120) feet from the property line bordering on any street or highway for any
multi-family dwelling unit which has been allowed pursuant to Section 801.04 herein.
(6) 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.
(7) 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 orright-of--way. If the accessory building
abuts any "R" Residential District(s), the side yard requirement increases to ten (10) feet.
(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 orright-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:
66
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 aheight of not less than six (6) feet within three (3) years.
(2) Landscaping -Required front and rear yards shall be landscaped. A landscaping plan shall be
submitted contemporaneouslywith the building permit application. The landscaping shall be
approved by the City Administrator.
(3) Said screening shall not be required where the CH _ Highway Commercial District and
residential district are divided by a street or alley with a right of way not less than fifty (50) feet .
il-~ 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.
11/1999
67
(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.
.08/1999
11/1999
01/2002
68
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69
SECTION 802 CCB CENTRAL BUSINESS DISTRICT
802.01 INTENT: The intent of the CCB Central Business District is to provide a commercial area
for those establishments serving the general shopping needs of the trade area and in particular, those
establishments customarily oriented to the pedestrian shopper. The grouping of uses is intended to
strengthen the central business area as the urban center of trade, service, governmental and cultural
activities.
802.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right:.
(1) Business offices;
(2} Professional offices;
(3) Retail stores and service establishments which supply commodities or provide services primarily
to meet the needs of residents of the trade area including:
Antique stores.
Apparel and accessory stores.
Art` galleries.
Art supply and picture framing stores.
Automobile parts and supply stores; provided that no repair or installation service is performed on
site; and further provided that no goods shall be stored or displayed for sale outside of the
building.
Bakeries.
Banks, including drive-in banks and other lending agencies.
Barber and beautician services.
Beer, wine and alcoholic beverage establishments, on and off sale.
Bicycle shops.
Bookstores, rental libraries and reading rooms.
Bus depots and transit stations, provided that buses or other transit vehicles shall not be stored,
serviced or repaired on site.
Business office.
Camera, photographic supply stores.
Civic, social and fraternal associations.
Community buildings owned by public agencies.
Confectionery stores.
Convenience stores with sale of gasoline, provided that no repair service is performed on site.
Computer sales and service.
Cleaning and Laundering drop-off/pick-up stores, provided that cleaning and laundering is not
conducted on these premises.
Clothing and costume rental establishments.
Credit services, including loan offices.
Dental services.
Detached ATM banking facility.
Department stores.
Drapery, curtain and upholstery stores.
Drug and proprietary stores.
70
Eating places, indoor and outdoor.
Electrical appliance sales and repair stores.
- Employment agencies.
Food stores, general retail.
Florist shops.
Furniture and home furnishings stores. -
Garden supply stores and nurseries, provided that all equipment, supplies,.. merchandise and
plants, shall be kept within a completely enclosed building provided that fertilizer of any
type shall be stored and sold in packaged form only.
Gift, novelty and souvenir stores....
Hardware retail stores.
Health food stores.
Hobby and craft supply stores.
Hotels, motels and apartment hotels.
Household appliance and sales and repair shops.
Interior decorating shops.
Jewelry stores, including clock and watch repairing.
Laundry, self-service and cleaning establishments.
Leather goods and luggage stores.
Locksmiths.
Mail order businesses, retail and wholesale.
Massage and physical culture studios.
Medical and orthopedic appliance stores.
Music stores.
Music and dance studios.
Newspaper, printing and engraving shops.
Newsstands and magazines stores.
Office building.
Office fiu7iiture and supplies, retail stores.
Office supply and business machine stores.
On-site signs, in accordance with provisions of section 1114.
Paint, glass and wallpaper stores, retail.
Parcel delivery services.
Parking lots, parking garages and other off-street parking facilities.
Pet and pet supplies stores.
Personnel and professional services.
Professional offices.
Photography studios.
Printing and engraving services.
Plumbing, heating and ventilating equipment showrooms with storage of floor samples only.
Radio and television broadcast studios.
Recreation centers, indoor only.
Sales and showrooms, including rental of equipment, provided all displays and merchandise are
within the enclosed walls of the buildings.
Savings and loan associations.
Secondhand stores and pawnshops.
Secretarial, service and letter shops.
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Shoe repair services.
Shoe sales, retail.
Signs, and outdoor advertising structures in accordance with provisions of SECTION 1114 of
this Ordinance.
Sporting goods, retail and wholesale.
Stamp and coin stores.
Stationary stores.
Stores or shops for the sale of retail goods.
Tailor and dressmaking shops. -
Telephone and telegraph exchange services.
Theaters, auditoriums, and assembly rooms.
Travel and tour agencies.
Utility offices and administrative services.
Variety stores.
802.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions;
802.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the CCB
Central Business District in accordance with ARTICLE 14 of this Ordinance.
(1) Electrical distribution substations and gas regulator stations;
(2) Public parks;
(3) Private clubs and lodges;
(4) Public buildings and grounds;
(5) Single family dwellings residential uses (the minimum off street parking and loading
requirements of Section 1111 maybe waived for good cause shown);
(6) Multi-family residential uses (the minimum off street parking and loading requirements of
Section 1111 maybe waived for good cause shown);
(7) Other trade and service uses which are similar to the permitted principal uses and which are in
harmony with the intent of this district.
802.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the CCB Central
Business District:
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(1) Where a site adjoins or is located access an alley from any R Residential District, a solid wall
or fence, vine covered open fence or compact evergreen hedge six (6) feet in height shall be located
on the property line common to such districts, except in a required front yard.
(2) Open storage of materials attendant to a permitted use or conditional use shall be permitted
only within an area surrounded or screened by a solid wall or fence six (6) feet in height, provided
that no materials or equipment shall be stored to a height greater_than that of the wall or fence.
(3) All business, services and processes shall be conducted entirely within a completely enclosed
structure, except for-off-street parking and_off-street loading areas, convenience stores,_outdoor
dining areas, garden shops, Christmas tree lots, bus depot and transit stations, and electric
distribution substations.
(4) No use shall be permitted and no process, equipment or materials shall be used which are found
by the Board to be objectionable to persons living or working in the vicinity by reason or odor,
fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibrations, illumination, glare,
or unsightliness or to involve any hazard of fire or explosion.
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 frontyard often (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.
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 1ViVL4XIMUM LOT COVERAGE: No limitations.
802.10 MAXIMUM HEIGHT: No structure shall exceed seventy-five (75) feet.
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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.
08/1999
11/1999
01/2002
74
SECTION 804 CL LIMITED COMMERCIAL DISTRICT
804.01 INTENT: The CL Limited Commercial District is intended to provide an area for limited
business services.
804.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right: ,
(1) Commercial office buildings.
(2) Professional office buildings, including clinics and doctor's buildings.
(3) Single-family dwellings.
(4) Two-family dwellings.
(5) Multi-family dwellings with forty-eight or fewer living units.
(6) Home occupations.
8.04.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Buildings and uses customarily incidental to the permitted uses.
(2) Parking lots.
804.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit the following conditional uses as exceptions in the CL Limited
Commercial District in accordance with ARTICLE 14 of this Ordinance:
(1') Barber shops.
(2) Beauty shops.
(3) Mortuary, funeral home and funeral chapels.
(4) Motel.
(5) Photographer..
(6) Telephone exchange.
(7) Commercial centers. _
(8) Family day care home, not operated within a private dwelling, group day care home, or'day
care center.
(9) Multiple family dwellings with greater than forty-eight (48) living units.
804.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of ARTICLE 14 of
this Ordinance shall apply as minimum requirements for granting exceptions in the CL Limited
Commercial District.
(1) Where a site adjoins or is located across an alley from any R Residential District, a solid wall
or fence, vine-covered open fence or compact evergreen hedge six (6) feet in height shall be
located on the property line common to such districts, except in a required front yard.
76
(2) Open storage of materials attendant to a permitted use or conditional use shall be permitted
only within an area surrounded or screened by a solid wall or fence six (6) feet in height,
provided that no materials or equipment shall be stored to a height greater than that of the wall
or fence.
(3) No use shall be permitted and no process, equipment or materials shall be used which are
found by the Board to be obj ectionable to persons living or working in the vicinity by reasons
of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried vast, noise, vibrations,
illuminations, glare, or unsightliness or to involve any hazard of fire or explosion.
804.06 MINIMUM LOT REQUIREMENTS:
(1) The minimum lot area for single family and commercial shall be 5,000 square feet: Multiple
family uses of (2) to (6) units shall be three thousand (3,000) square feet per unit. Each
additional ~~n_it shah_ be one thousand five hundred (1,500) square feet per unit..
(2) Driveways shall have a maximum grade of ten (10) percent. Driveways and curb cuts shall be
located not less than three (3) feet from the side lot line on city property. Curb cuts for straight
curbs and the flare for rolled curbs shall be three (3) feet wider than the driveway pavement on
each side.
804.07 MINIMUM YARD REQUIREMENTS:
(1) . Front yard: On all streets or highways there shall be a minimum front yard of no less than a
depth of twenty-five (25) feet from the property line.
(2) Rear yard: The minimum rear yard shall be five (5) feet.
(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 nc
building shall be located within any easement or right-of--way.
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77
(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 SECTIOI~t 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.
08/1999
11/1999
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79
ARTICLE 9. A/ML AGRICULTURAL/INDUSTRIAL AND MANUFACTURING
DISTRICTS
SECTION 901 A/1VH., AGRICULTURAL/LIGHT INDUSTRIAL AND
MANUFACTURING DISTRICT
901.01 INTENT: The AML Agricultural/Industrial zones are intended to achieve the following
purposes: to, reserve appropriate located areas for various types of industrial plants and related
activities; to protect area appropriate for industrial use from intrusion by residences and other.
inharmonious_uses; to protect_residential and commercial properties and to protect nuisance-free
non-hazardous industrial plants to concentrate in mutually beneficial relationship to each other; to
provide adequate space to meet the needs of modern industrial areas, and to provide industrial
employment opportunities for residents of the City. For the purposes of Section 77-1343 R.R.S.
Neb., the predominant use for this district is agricultural and horticultural purposes.
901.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right except when located within 500 feet of any Residential District, in which case a
conditional use permit will be required to allow the following uses:
(1) Wholesale, storage and warehouse uses;
(2) Signs subject to SECTION 1114 of this Ordinance;
(3) Agriculture, horticultural (crops only);
(4) Automobile service stations;
(5) Printing. and publishing businesses;
(6) Truck and freight terminals;
(7) Utility substation, pumping station, and water reservoir;
(8) Gasoline filling station;
(9) Building materials, lumber yards and fuel yards, with or without retail sales;
(10) Contractors yards;
(11) Highway maintenance yards or buildings;
(12) Railroad yards;
(13) Repair garage;
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80
(14) Any industrial use which can meet the performance standards for this district set forth in
SECTION 1115.01 of this Ordinance provided, such is not specifically prohibited.
(15) Mail order sales, catalog sales and coupon redemption businesses.
(16) Computerized billing and mailing businesses.
901.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses
and structures shall be permitted:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions;
(2) Offices, retail stores and watchmen's living quarters incidental to and on the same site with an
industrial uses;
(3) Medical facilities accessory to an industrial use.
901.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit as exceptions any use which is consistent with the intent of
this district and which is not prohibited in accordance with Article 14 of this Ordinance.
(1) Wireless Telecommunications Towers. (Note: See Section 1102.02 for regulations regarding
Wireless Telecommunications Towers and Facilities.)
(2) Rental and Leasing Establishments, Outside and Inside Storage.
(3) Golf driving ranges, golf courses, miniature golf courses and bowling alleys.
(4) Other uses which are similar to the permitted principal uses and which are in harmony with the
intent of this district.
901.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article 14 of this
Ordinance, the following regulations shall apply as minimum requirements for granting exceptions in
the ML Light Industrial and Manufacturing District:
(1) All uses shall meet or exceed the performance standards set forth in SECTION 1115.01 ofthis
Ordinance.
(2) A use not conducted entirely within a completely enclosed structure, on a site across a street or
alley from an R Residential District, shall be screened by a solid wall offence, vine-covered open
fence or compact evergreen hedge, not less than six (6) feet in height.
(3) Where a site adj oins an R Residential District, a solid wall or fence, vine-covered open fence or
compact evergreen hedge, six (6) feet in height, shall be located on the property line except in a
required front yard.
06/2000; 3/2003
81
(4) The storage above ground or below ground of liquid petroleum products or chemicals of a
flammable or noxious nature shall not exceed one hundred fifty thousand (150,000) gallons when
stored on one (1) lot of less than one (1) acre in area nor shall storage exceed more than twenty-five
thousand (25,000) gallons in one (1) tank. Storage of liquid petroleum products or chemicals of a
flammable or noxious nature in excess of twenty-five thousand (25,000) gallons, shall not be located
closer than fifty (50) feet from any structure intended for human habitation or closer than two-
hundred (200) feet from any R Residential District.
(5) Not less than five (5) feet of a required yard adjoining a street shall be landscaped and
permanently maintained where such required yard adj oins a residential district, and. excluding areas
which are required for access to doors, openings, or other loading facilities.
(6) All open and undeveloped portions of any lot shall be maintained in good condition free from
weeds, dust, trash and debris.
901.06 PROHIBITED USES AND STRUCTURES:
1. All residential uses of any kind.
2. Anhydrous Ammonia Plants.
3. All other uses and structures which are not specifically permitted, or cannot meet the
performance standards for industry set forth in Section 1115.01 of this Ordinance or
which are not permissible as exceptions, shall be prohibited.
901.07 MINIMITM LOT REQUIREMENTS: No limitations except for the following: Driveways
shall have a maximum grade often (10) percent. Driveways and curb cuts shall be located not less
than three (3) feet from the side lot line. Curb cuts for straight curbs and the flare for rolled curbs
shall be three (3) feet wider than the driveway pavement on each side.
901.08 MINIMUM YARD REQUIREMENTS:
(1) Front yard: There shall be a minimum front yard. of not less than adepth ofone-hundred (100)
feet from the center 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 of 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 of Federal Aid-
Secondary designated street or highway regardless of the lot being an interior or corner lot.
(2) Rear yard: The minimum rear yard abutting an R Residential District(s) shall betwenty-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(s) shall be twenty-five
(25) feet, five (5) feet when property does not abut a residential district.
1/2002
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(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 orright-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 accessary 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 orright-of--way along the rear
property line.
901.085 ADDITIONAL SETBACK REQUIREIviENTS - CREEK/WATER COURSES: In
addition to any other minimum yard requirements, no structure shalLbe installed or constructed in
violation of Section l 110.5 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.
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 confornance with
the provisions of Section 204 of this Ordinance.
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84
SECTION 902 A/MH AGRICULTURAL/HEAVYINbUSTRIAL AND
MANUFACTURING DISTRICT
902.01 INTENT: The intent of the A/MH Agricultural/Heavy Industrial and manufacturing district
is to provide space for the widest range of industrial operations permitted in the City, for those
industrial uses which are able to meet certain performance standards to protect nearly non-
commercial and non-industrial uses from undesirable environmental conditions. Residential and
other similar uses are prohibited from this district in order to limit environmental effects associated
with certain commercial and industrial uses,. irrespective of their meeting performance standards.
For the purposes of Section 77-1343 R.R.S. Neb, the predominant use for this district is agricultural
and horticultural uses.
902.^u2 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted
as uses by right except when located within 500 feet of any Residential District, in which case a
conditional use permit will be required:
(1) Wholesale, storage and warehouse uses;
(2) Signs subject to SECTION 1114 of this Ordinance;
(3) Agriculture, Horticultural (crops only);
(4) Automobile service stations;
(5) Rental and lease establishments, outside and inside storage;
(6) Any industrial use which, in the judgement of the City Administrator, can meet the
performance standards for this district set forth in SECTION 1115.02 of this Ordinance provided,
such use is not specifically prohibited.
902.03 PERMITTED ACCESSORY USES AND STRUCTURES:
(1) Accessory uses and structures normally appurtenant to the permitted uses and structures and to
uses and structures permitted as exceptions;
(2) Offices, retail stores and watchmen's living quarters incidental to and on the same site with an
industrial use.
(3) Wireless Telecommunications Towers. (Note: See Section 1102.02 for regulations regarding
Wireless Telecommunications Towers and Facilities.)
902.04 EXCEPTIONS:
1. Anhydrous Ammonia Plants
1/2002; 3/2003
85
2. After the provisions of this Ordinance relating to exceptions have been fulfilled, the City
Council may permit as exceptions and uses which are consistent with the intent of this district
and which is not prohibited in accordance with Article 14 of this Ordinance.
902.05 CONDITIONS FOR GRANTING EXCEPTIONS: The requirements of Article 14 of this
Ordinance, the following regulations shall apply as minimum requirements for granting exceptions in
the MH Heaw Industrial and Manufacturing District.
(1) All uses shall meet or exceed the performance standards set forth in SECTION 1115.02 ofthis
Ordinance; .
(2) Where a site adj oins an R Residential District, a solid wall, or fence, vine-covered open fence
or compact evergreen hedge, six (6} feet in eighth shall be located on the property line except in a
required front yard.
(3) A use not conducted entirely within a completely enclosed stricture, on a site across a street or
alley from an R Residential District, shall be screened by a solid wall or fence, vine-covered open
fence or compact evergreen hedge, not less than six (6) feet in height.
(4) Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess
of twenty-five thousand (25,000). gallons, shall not be located closer than fifty (50) feet from any
structure intended for human habitation or closer than two-hundred (200) feet from any R Residential
District.
(5) Not less thar. five (5) feet of a required yard adjcining a street shall be landscaped and
permanently maintained, excluding areas which are required for access to doors, openings or other
loading facilities.
902.06 PROHIBITED USES AND STRUCTURES: All residential dwellings of any kind, and all
other uses and structures which are not specifically permitted, cannot meet the performance
standards of industry set forth in SECTION 1115.02 of this Ordinance or which are not permissible
as exceptions, shall be prohibited.
902.07 MINIMUM LOT REQUIREMENTS: No limitations except for the following: Driveways
shall have a maximum grade often (10) percent. Driveways and curb-cuts shall be located not less
than three (3) feet from the side lot line on city property. Curb 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 adepth ofone-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. 01/2002
86
(2)_ Rear yard: The minimum side yard abutting an R Residential District shall betwenty-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 betwenty-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.
(~) YARD REQU~EMENTS 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 orright-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 ar~y
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.
8?
902.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with the
provisions of Section 204 of this Ordinance.
11/1999
01/2002
88
(This Page Left Blank Intentionally)
89
ARTICLE 10 S SPECIAL MODIFIED AND APPENDED DISTRICTS
These district regulations are intended to provide specific conditions for uses and structures which
would otherwise not be included in the district regulations of ARTICLES 5 through 9 of this
Ordinance.
SECTION 1001 SIIM MOBILE DOME DISTRICT
1001.01 INTENT: This district is intended for those areas where it is determined that mobile homes
as defined in SECTION 3 03.01 of this Ordinance are compatible with the character of conventional
housing and, further, that for the purposes of SECTION 1001 of this Ordinance, mobile homes shall
be considered to be single family dwelling units subject to the same use regulations as conventional
single-family dwelling units.
This district is created to be appended to any district which includes single-family dwellings as
permitted uses by right.
1001:02 PERMITTED PRINCIPAL USES AND STRUCTURES : Any permitted principal use and
structure in the .Parent District to which this district is made a part shall be permitted including
mobile homes, provided that such mobile homes meet the minimum requirements of SECTION
1001.05 of this Ordinance.
1001.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures
permitted under the provisions of the regulations of the Parent District and those normally
appurtenant to the uses and structures permitted as exceptions shall be pe~~nitted.
1001.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit all Permitted Principal Uses and Structures and all conditional
uses permitted as Exceptions in the Parent District of which this district is made a part.
1001.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS:
Notwithstanding the requirements of Article 14 of this Ordinance, the following regulations shall
supplement the Special Conditions and/or Conditions for Granting Exceptions which are provided in
the Parent District of which this district is made a part. These regulations shall supersede those of
the Parent District where there is a conflict among regulations.
(1) The mobile homes shall be placed on a permanent foundation of concrete block or poured
reinforced concrete or other comparable foundations which meets the minimum standards of the
building code for single-family dwelling building foundations. The permanent foundation shall be
adequate for the placement and tie-down of the mobile home, thereby securing the super-structure
against uplift, sliding, rotation, or overturning. 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.
90
(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 MINMUM 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 PEQUIREMENTS -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.
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.
1001.1 i 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.
8/1999
11/1999
91
SECTION 1002 SFP FLOOD PLAIN DISTRICT
1002.01 INTENT: This district is intended for application in those areas which have been
defined by the NebraskaNatural Resources Commission as being Commission Floodways or
which by reason of historical documentation and other data have been defined by the
Planning Commission as being flood hazard areas. The regulations are intended to minimize
the extent of floods and reduce the height and violence thereof; to minimize the hazard of
loss of lives and property caused by floods; and to secure safety from floods through the
confinement of floods through reasonable limits by regulating and restricting areas of
development along or in natural watercourses and drainways. This district is created to be
appended to any district which is subject to periodic flooding.
1002.02 PERMITTED PRINCIPAL USES AI~1D STRUCTURES: Any permitted principal
use and structure in the Parent District to which this district is made a part, provided, that
such uses and structures meet the minimum requirements of SECTION 1002.05 of this
Ordinance.
1002.03 PERMITTED ACCESSORY USES AND STRUCTURES: Any permitted
accessory use and structure in the Parent District to which this district is made a part,
provided, that such uses and structures meet the minimum requirements of SECTION
1002.05 of this Ordinance.
1002.04 EXCEPTIONS :After the provisions of this Ordinance relating to exceptions have
been fulfilled, the City Council may permit all conditional uses permitted as exceptions in the
Parent District of which this district is made a part.
1002.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS:
Notwithstanding the requirements of Article 14 of this Ordinance, the following regulations
shall supplement the Special Conditions and/or Conditions for Granting Exceptions which
are provided in the Parent District of which this district is made a part. These regulations
shall supersede those of the Parent District where there is a conflict among regulations.
(1) Where by reason of flooding potential, the City Administratorand/or his designee
determined that there are detrimental or limiting conditions for development or where
there is indicated the possibility of detrimental or limiting conditions for
development, the City Administrator and/or his designee shall require such person or
persons making application for a building permit to provide four (4) copies of the
following to the City Council:
A site plan at an appropriate scale indicating the name and address of the
applicant; lot dimensions and legal descriptions of the property; the
location, elevation, size, height, and proposed use of all structures; yards
and space between structures; off-street parking; location of public streets
and highways and points of pedestrian and vehicular ingress and egress;
signs; areas which will require significant land forming; and
92
Topographic information providing the elevations of the site above mean
sea level, the proposed first floor elevations of all principal structures and
accessory structures, and all specifications for grading and fill.
(2) The City Administrator and/or his designee shall transmit one (1) copy of all
required documentation to the Papio Natural Resource District for review and
comment. Such review and comment, if any, shall be made at part of the record of
the City Council.
(3) As conditions for .granting a building permit, the City Administrator and/or his
designee may require specific measures which are intended to minimize the hazard
due to flooding and which shall include, but not be limited to, the following:
The first floors of buildings or structures shall be placed one (1) foot above the
elevation of the 100 year flood. Foundations of all structures shall be designed and
constructed to withstand flood conditions at the proposed construction site.
Basements, lower floors, or appurtenances located below the elevation of the 100
year flood shall be designed and constructed to prevent passage of water into the
building or structure and to withstand flood conditions, including hydrostatic
pressures of elevated water tables and the momentum of flood flows. Materials for
construction shall be of a type not deteriorated appreciably by water. Windows,
doorways, and other openings into the building or structure that are located below the
elevation of the 100 year flood shall be designed and constructed incorporating
adequate flood proofing. All electrical equipment, circuits, and installed electric
appliances shall be located so as to not be subject to flooding or shall be flood
proofed to prevent damage resulting from inundation from the 100 year flood.
Sanitary and storm sewer drains shall be equipped with valves capable of being
closed, manually or automatically, to prevent backup of sewage and storm waters into
the building or structure. Gravity draining of basements .may be eliminated by
mechanical devices. Any chemical storage, explosive, buoyant, and inflammable
liquid storage shall be located above the 100 year flood level or shall be adequately
flood proofed to prevent flotation of tanks or other appreciable damage or escape into
the flood waters of toxic materials: 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 subj ect to additional
requirements as prescribed by the City Council
1002.08 MINIMUM YARD REQUIREMENTS: The yard requirements ofthe 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.
93
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.
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 subj ect to additional
requirements as prescribed by the City Council.
1002.11 SIGN REGULATIONS: The sign reguiations of the Parent District of which tnis
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.
1002.101 FLOOD PLAIN DISTRICT; DEFINITIONS: Unless specifically defined below,
words or phrases used in this Section shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this Section its most reasonable
application.
ACTUAP.IAL RATES - or "risk prerr~ium rates" are those rates as established by the
Federal Insurance Administrator pursuant to individual community studies and
investigations which are undertaken to provide flood insurance in accordance with 42
U. S. C. 4014 and the accepted actuarial .principles. Actuarial rates include
provisions for operating costs and allowances.
APPEAL- a request for a review of the City Administrator and/or his designee's
interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING - a designated AO or AH zone or a community's
Flood Insurance Rate Map (FIRM} with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel is
unpredictable .and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD -the land in the flood plain within a
community subject to one percent or greater chance of flooding in any given year.
BASE FLOOD ELEVATION -elevation indicated in the official flood plain study as
the elevation of the 100-year flood.
BASE FLOOD PROTECTION ELEVATION - an elevation one foot higher than the
water surface elevation of the base flood.
94
BASEMENT -any area of the building having its floor subgrade (below ground level) on all
sides.
CHANNEL - a natural or artificial watercourse of perceptible extent, with a definite
bed and banks to confine and conduct continuously or periodically flowing water.
Channel flow, thus, is that water which is flowing within the limits of a defined
channel. ..
COMMUNITY -any state or area or political subdivision thereof which has authority
to .adopt and enforce. plain. management .regulations for the... areas. within its
jurisdiction.
DEVELOPMENT -any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
EXISTING CONSTRUCTION - (for the purposes of determining rates) structures for ,-
whichthe "start of construction" commenced before the effective date of the FIRM
or before January 1, 1975, for the FIRM's effective before that date. "Existing
Construction" may also be referred to as "existing structures",
FLOOD OR FLOODING - a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1) the overflow of inland or tidal waters; or
2) the unusual and rapid accumulation of run-off of
surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community, on
which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the
zones establishing insurance rates applicable to the community.
FLOOD INSURANCE STUDY -the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as the
Flood Boundary Floodway Map and the water surface elevation of the base flood.
FLOOD PLAIN -any land area susceptible to being inundated by water from any
source (see defmition of "FLOOD OR FLOODING").
FLOOD PLAINMANAGEMENT -the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plan, flood control works, and flood plain management
regulations.
95
FLOOD PROTECTION SYSTEM -those physical structural works constructed
specifically to modify flooding in order to reduce the extent of the area within a
community subject to a "special flood hazard." Such a system typically includes
levees or dikes. These specialized modifying works are those constructed in
conformance with sound engineering standards.
FLOOD PROOFING -any combination of structural and non-structural additions,
changes or adjustments to structures, including utility and sanitary facilities, which
would preclude the entry of water. Structural components shall have the capability of
resisting hydrostatic and_hydrodynamic loads and the effect. of buoyancy..
FLOODWAY (FW) -the channel of a river or other watercourse and the adjacent
portion of the flood plain that must be reserved in order to discharge the 100-year
flood withoutcumulatively increasing the water surface elevationmore than one foot
at any point assuming equal conveyance reduction outside the channel from the two
sides of the flood plain.
FLOODWAY FRINGE (FF) -that area of the flood plain, outside of the floodway,
that on an average is likely to be flooded once every 100 years (i.e., that has a one
percent chance of flood occurrence in any one year).
FREEBOARD - a factor of safety usually expressed in feet above a flood level for
purposes of flood plain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height
calculated for a selected size flood and floodway conditions, such as wave action,
clogged bridge openings, and the hydrological effect or urbanization of the
watershed.
HIGHEST ADJACENT GRADE - the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE -any structure that is (a) listed individually on the
National Register of Historic Places (a list maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the Interior as contributing to the
historic significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district; or (c)
individually listed on a state inventory of historic places.
LOWEST FLOOR -the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as to
tender the structure in violation of the applicable non-elevation design requirements
of this ordinance.
96
MANUFACTURED HOME - a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities.. For flood plain
management-purposes, the term "manufactured home" also includes park trailers,
travel trailers, and -other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes, the term "manufacture home" does not
include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED ROME PARK OR SUBDIVISION - a parcel (or contiguous
parcels) of land_divided into two or more manufacture home lots for rent or sale..
NEW CONSTRUCTION -structures for which the "start of construction or
substantial improvement" is commenced on or after the effective date of the FIRM.
OVERLAY DISTRICT - a district which acts in conjunction with the underlying
zoning district or districts.
PRINCIPALLY ABOVE GROUND - at least 51 percent ofthe actual cash value of
the structure is above ground.
RECREATIONAL VEHICLE - a vehicle which is (a) built on a single chassis; (b)
400 square feet or less when measured at the largest horizontal projections; (c)
designed to be self-propelled or permanently towable by a light duty truck; and (d)
designed primarily not for use as a permanent dwelling but as a temporary living
quarters for recreational, ca-nping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA -the land in the flood plain within a
community subject to one percent or greater chance of flooding in any given year.
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) includes
substantial improvement; and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start or other
improvement was within 180 days of the permit date. The actual start means the first
placement of permanent construction of a structure on a site, such as the pouring of a
slab or footings, the installation of piles, the construction of .columns; or any work
beyond the state of excavation or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of streets, and/or
walkways; nor does it include excavation for a basement, footings, or foundations or
the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure.
97
STRUCTURE - a walled and roofed building that is principally above ground, as
well as a manufactured home, and a gas or liquid storage tank that is principally
above ground.
SUB STANTIALDAMAGE - damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT -any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure either, (1) before the improvement or repair is started, or (2) if the structure
has been damaged and is being restored, before the damage occurred. For the
purpose of this definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include either (1) any project for
improvement of a structure to comply with existing, state or local health, sanitary, or
safety code specifications which are solely necessary to assure safe living conditions,
or (2) any alteration of a structure listed on the National Register of Historic Places or
a State Inventory of Historic Places.
VARIANCE - a grant of relief to a person from the requirements of this ordinance
which permits construction in a manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hardship.
100-YEAR FLOOD -the base flood having a one percent chance of annual
occurrence.
1002.102 FLOOD LOSSES REGULATING FROM PERIODIC INUNDATION: The flood
hazard areas of Blair, Nebraska, are subject to inundation which results in loss of life and
property, health, and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax
base all of which adversely affect the public health, safety, and general welfare.
1002.103 GENERAL CAUSES OF THESE FLOOD LOSSES: These flood losses are
caused by:
The cumulative effect of obstruction in floodways causing increases in flood heights and
velocities. The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to
others which are inadequately or otherwise protected from flood damages.
98
1002.104 METHODS 1FSED TO ANALYZE FLOOD HAZARDS: This Section uses a
reasonable method of analyzing flood hazards whichconsists of a series of interrelated steps.
Selection of a base flood which is based upon engineering calculations which permit a
consideration of such flood factors as its expected frequency of occurrence; the area
inundated, and the depth of inundation. The base flood selected for this ordinance is
representative of large floods which are reasonably characteristic ofwhat canbe expected to
occur on the particular streams subject to this ordinance. It is in the general order of a flood
which could be expected to have a one percent (1 %) chance of occurrence in any one yeax,
as delineated in the official flood plain study, and illustrative materials dated July 16, 19813
as amended. Calculation of water surface profiles based upon a hydraulic engineering
analysis of the capacity of the stream channel and overbank areas to convey the base flood.
Computation of the floodway required to convey this flood without increasing flood heights
more than 1 foot at any point. Delineation of floodway encroachment lines within which no
obstr*action is permitted wl'~ich F.~sotald cause any increase in flood height. Delineation of
floodway fringe i.e., that area outside the floodway encroachment lines but which still is
`subject to inundation by the ba$e flood.
1002.105 S'FATEMEI~T 4F PFJRPOSE: It is the purpose of this Section to promote the
public health,. safety, and general welfare and to minimize those losses described in Section
i{302.103 by applying the projrisions of this Section to:
Restrict or prohibit uses which are dangerous to health, safety, or property
in times of flooding. or cause undue increases in flood heights or
veloci`ti es. Require that uses vulnerable to floods, including public
facilities which serve such uses, be provided with_flood protection at tke
time of initial construction. Protect individuals from buying lands
which are unsuited for intended purposes because of flood hazard.
Assure that eligibility is maintained for property owners in~the
community to purchase flood insurance in the National Flood~Insurance
Program when identified by the Federal Insurance Administration as a
flood prone community.
1002.106 FT;C)OD PLAIN DISTRICT; J LJRISDICTiON: This Section shall apply to all lands
within the jurisdiction of the City of Blair identified on the Flood Insurance Rate Map
(~IRM)_as numbered and unnumbered A Zones andlor within the Zoning.Districts FWand
FF established in Section 1002:111 ofthis Section. In all areas coveredbythis Section no
development shallbe permitted except upon a permit to develop.granted by the.governing
body or its duly designated representative under such safeguards and restriction as they may
reasonably impose for the promotion and maintenance of the general welfare, health of the
inhabitants of the community and where specifically noted in Sections 1002.112,1002.113,
1002:114, and 1002.115.
1002.107 FLOOD PLAIN DISTRICT;., ENFORCEMENT OFFICER: The City.
Administrator of the Community andlor -his designee is hereby designated as the Council's
-duly designated Enforcement-Officer under this Section.
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100..108 FLQQD~ PLAIN DISTRICT;., INTERPRETIVE AND MISCELLANEQUS
PROVISIONS:. Theboundaries of the floodway_ and floodway fringe averla~ districts shall
be determined by scaling distances on the official zoning map. Where interpretation is
needed to the exact location of the boundaries of the districts as shown on the official zoning
map; as for example where there appears to be a conflict between a mapped boundary and
actual field conditions, the Enforcement Officer shall make the necessary interpretation. In
such cases where the interpretation is contested, the Board of Zoning Appeals will resolve
the dispute. The base flood elevation for the point in question shall be the governing factor
in locating the district boundary on the land. The person contesting the location of the
district boundary shall~be given a reasonable opportunity to present his case to the Board and
to submit his own technical evidence, if he so desires.
Compliance. No development located within known flood hazard areas of the
community shall be located, extended,. converted or structurally altered without full
compliance with tit°v t°v~'iTisvf tills SeCtlvn gild other appiicavie reguiation5.
Abrogation and Greater Restrictions. It is not intended by this Section to repeal,
abrogate or impair any. existing easements,.covenants, or deed restrictions. However,
where this Section imposes greater restrictions, the provision of this Section shall
prevail. All other Sections inconsistent with this Section are hereby repealed to the
extent of the inconsistency only.
Interpretation. In their interpretation and application, the provisions ofthis Section
shall be held to be minimum requirements and shall be liberally construed in favor of
the governing body and shall be deemed a limitation or repeal of any other powers
granted by state statutes.
Warning and Disclaimer of Liability. The degree of flood protection required by
this Section is considered reasonable for regulatory purposes and is based on
engineering and scientif c methods of study. Larger floods may occur on rare
occasions or the flood hei ghtmay be increased.byman-made or natural causes, such
as ice jams and bridge openings restricted by debris. This Section does not imply
that areas outside floodway and floodway fringe district boundaries or land uses
permitted within such districts will be free from flooding or flood damages. This
Section shall not create liability on the part of the City of Bhir or any officer or
employee thereof for any flood damages that may result from reliance on this Section
or any administrative decision lawfully made thereunder.
Severabiiity. If any section, clause, provision or portion of this Section is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder afthis
Section shall not be affected thereby.
Application for Appeal. Where a request for a permit to develop or a variance is
denied by the City Administrator and/or his designee, the applicant may apply for
such permit or variance directly to the Board of Adjustment. The Board of
Adjustment may grant to deny such request by appropriate resolution adopted within
thirty (30) days after such date of such application to the Board of Adjustment.
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DEVELOPMENT PERMIT.
PERMIT .REQUIRED. No person, firm, or corporation shall initiate any
development or substantial improvement or cause the same to be done without
first obtaining a separate permit for development as defined in Section 1002.110.
ADMINISTRATION. The City Administrator and/or his designee is hereby.
appointed to administer and implement the provisions of this Section.
Duties of the City Administrator and/or his designee shall include, but not be
limited to:
~l) Review all development permits to assure that sites are reasonably safe
from flooding and that the permit requirements of this Section have been
satisfied.
2) .Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, state or local
governmental agencies from which prior approval is required.
3) Notify adjacent communities and the Nebraska Natural Resources
Commission Flood Plain Management Section prior to any
alteration or relocation of a watercourse, and shall submit evidence of
such notification to the Federal insurance Administration when
participating in the National Flood Insurance Program.
4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished.
5) Verify and record the actual elevation (in relation to mean sea level) of
the lowest floor (including basement) of all new or substantially
improved structures.
6) Verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been flood-proofed.
7) When flood-proofmg is utilized for a particular structure, the City
Administrator and/or his designee shall be presented certification
from a registered professional engineer or architect.
1002.109 FLOQD PLAIN DISTRICT; PROCEDURE: No person, firm or
corporation shall initiate any development or substantial improvement or cause the
same to be done without first obtaining a separate permit for development for each
such building or structure.
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The City Administrator and/or his designee is hereby appointed to administer and
implement the provisions of this Section. Duties of the City Administrator and/or his
designee shall include, but not be limited to:
1) Review of all development permits to assure that sites are reasonably safe
from flooding and that the permit requirements of this Section have been
satisfied.
2) Review permits for proposed development to assure that all necessary
permits have .been obtained from those .federal, state or local
governmental agencies from which prior approval is required.
3) Notify adjacent communities and the Nebraska Commission Flood Piain
Management Section prior to any alteration or relocation of a water course,
and shall submit evidence of such notification to the Federal Insurance
Administration when participating in the National Flood Insurance Program.
4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished.
5) Verify and record the actual. elevation (in relation to mean sea level) of
the lowest floor .(including basement) of all new or substantially
improved structures.
6) Verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been flood-
proofed.
7) When flood-proofing is utilized for a particular structure the City
Administrator and/or his designee shall be presented certification from a
registered professional engineer or architect.
1002.110 FLOOD PLAIN DISTRICT; APPLICATION FOR PERMIT: To obtain a permit,
the applicant shall first file an application in writing on a form furnished for that purpose.
Every such application shall:
1) Identify and describe the work to be covered by the permit.
2) Described the land on which the proposed work is to be done by lot, block
tract and house and street address, or similar description that will readily
identify and defmitely locate the proposed building or work.
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3) Indicate the use of occupancy for which the proposed work is intended.
4) Be signed by the permitee or his or her authorized agent who may be
required to submit evidence to indicate such authority.
5) Give such other information as reasonably may be required by the City
Administrator and/or his designee.
1002.111 FLOOD PLAIN DISTRICT; ESTABLISHMENT OF ZONING DISTRICTS: The
mapped floodplain areas within the jurisdiction of this Section are hereby divided into the
two following districts: A floodway overlay district (FW) and a floodway fringe overlay
district (FF) as identified in the official Flood Plain Study. Within these districts all uses not
meeting the standards of this ordinance and those standards ofthe underlying zoning district
shall be prohibited. These zones shall be consistent with the numbered and unnumbered A
Zones as identified on the official FIRM when identified in the Flood Insurance Study
provided by the Federal Insurance Administration.
1002.112 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY OVERLAY
DISTRICT AND THE FLOODWAY FRINGE OVERLAY. DISTRICT: No permit for
development shall be granted for new construction, substantial improvement and other
improvements including the placement of manufactured homes within the identified flood
plain unless the conditions ofthis Section are satisfied.
All-areas identified as numbered A Zones by-the Federal Insurance Administration
are subj ect to inundation of the100-year flood; however, the water surface elevation was not
provided. This unnumbered A Zones shall be subj ect to all development provisions of this
Section. If Flood Insurance Study-data is not available, the community shall utilize any base
flood elevation data currently available within its area of jurisdiction.
New construction, subdivision proposals; substantial improvement, prefabricated
buildings, placement of manufactured homes and other developments shall require:
Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads including the effects of buoyancy.
New or replacement water supply systems andfor sanitary sewage systems be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-site waste disposal systems be
located so as to avoid impairment or contamination.
2 Construction with materials resistant to flood damage, utilizing methods and
practices that minimize flood damages, and with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities that are
designedand/or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
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3 All utility and sanitary facilities be elevated and flood-proofed one foot above the
regulatory flood elevation.
4 That until a floodway has been designated, no development including landfill, maybe
permitted within the identified flood plain unless the applicant for the land use has
demonstrated that the proposed use, when combined with all other existing and
reasonably anticipated uses, will not increase the water surface elevation of the 100-
' year flood more than one (1) foot on the average cross-section of the reach in which
the development or landfill is located as shown in the official flood plain study
incorporated by reference....
5 Storage of Material and Equipment
The storage or processing of materials that are in time of flooding buoyant,
flammable, explosive, or could be injurious to human, animal or plant life is
prohibited. Storage of other material or equipment may be allowed if not
subj ect to maj or damage by floods and firmly anchored to prevent flotation or
if readily removable from the area within the time available after flood
warning.
Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, be required to assure that (a) all
such proposals are consistent with the need to minimize flood damage, (b) all
public utilities and facilities, such as sewer, gas, electrical, and water systems
are located, elevated and constructed to minimize or eliminate flood damage,
(c) adequate drainage is provided so as to reduce exposure to flood hazards,
and (d) proposals for development (including proposals for manufactured
home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is
lesser, include within such proposals the regulatory flood elevation (base
flood elevation).
1002.113 FLOOD PLAIN DISTRICT; PERMITTED USES. Any use permitted in Section
1002.115 shall be permitted in the Floodway Fringe Overlay District. No use shall be
permitted in the district unless the standards of Section 1002.112 are met. .
1002.114 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY FRINGE
OVERLAY DISTRICT.
Require new construction or substantial improvements of residential strictures to have the
lowest floor, including basement elevated one foot above the base flood elevation. Require
new construction orsubstantialimprovements ofnon-residential structures to have the lowest
floor, including basement, elevated one foot above the base flood elevation or, together with
attendant utility and sanitary facilities, to be flood-proofed so that below such a level the
structure is watertight with walls substantially impermeable to the passage of water and with
structural components having the capability ofresisting hydrostatic andhydrodynamic1oads
and effects of buoyancy. A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certification shall be provided to the
appropriate city official. Require for all new, construction and substantial improvements that
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fully enclose areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of flood waters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or meet or exceed the following minimum
criteria: A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided. The bottom of
all openings shall be no higher than one foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters.
Within AH zones adequate drainage paths around structures on slopes shall be
required in order to guide flood waters around and away from proposed structures.
Manufactured Homes:
All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement.
Manufactured homes must be anchored in accordance with local building codes or FEMA
guidelines. In the event that over-the-top frame ties to ground anchors are used, the
following specific requirements (or their equivalent) shall be met:
Over-the-top ties be provided at each of the four corners of the manufactured home with two
additional ties per side at intermediate locations, and manufactured homes less than 50 feet
long requiring one additional tie per side.
Frane ties be provided at each corner of the horrie with five additional ties per side at
intermediate points, and manufactured homes less than 50 feet long requiring four additional
ties per side. All components of the anchoring system be capable of carrying a force of 4800
pounds. Any additions to manufactured homes be similarly anchored.
Require that all manufactured homes to be placed or substantially improved within any
special flood hazard areas on the community's FIRM (including but not limited to Zones AI-
30, AH and AE) on sites:
(1) Outside of a manufactured home park or subdivision; in a new
manufactured home park or subdivision; In an expansion to an
existing manufactured home park or subdivisions; or In an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as the result of a flood; be elevated on a
permanent foundation such that the lowest floor of the manufactured
home is at or above one foot (1') above the base flood elevation; and be
securely anchored to an adequately anchored foundation system pursuant to
the provisions of Subsection 5(A) hereinabove.
(2) Require that manufactured homes to be placed or substantially improved on
sites in an existing manufactured home park or subdivision, within special
flood hazard areas on the community's FIRM that are not subject to the
provisions of Subsection 5(B) hereinabove, be elevated so that either the
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lowest floor of the manufactured home is at or above one foot (1') above the
base flood elevation; or the manufactured home chassis is supported by
reinforced piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade; and be securely
anchored to an adequately anchored foundation system in_accordance with
the provisions .of Subparagraph 5(A) hereinabove.
(3) Located within the areas of special flood hazard, designated as AO
Zones, the following apply: All new construction and substantial
improvements of .residential structures .have the lowest floor
(including basement) elevated above the highest adjacent grade at
least as high as one foot above the depth number specified in feet on
the community's FIRM (at least two feet if no depth number is
specified).
All new construction and substantial improvements of nonresidential
structures shall:
Have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as one foot above the depth number
specified in feet on the community's FIRM (at least two feet if no depth
number is specified), or together with attendant utility and sanitary
facilities be completely flood-proofed to or above that level so that any
space below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic Loads and effects of
buoyancy. Such certification shall be provided to the City Administrator
and/or his designee. Adequate drainage paths around structures on slopes
shall be required in order to guide flood waters around and away from
proposed structures.
1002.115 FLOODWAY OVERLAY DISTRICT -PERMITTED USES: Only uses having a
low flood-damage potential and not obstructing flood flows shall be permitted within the
Floodway District to the extent that they are not prohibited by any other Sections and
provided they do not require structures, fill, or storage of materials or equipment. No use
shall increase the flood levels of the base flood elevation. These uses are subject to the
standards of Section 1002.112, 1002.113, and 1002.114.
Agricultural uses such as general farming, pasture, nurseries, forestry. Residential uses such
as lawns, gardens, parking and play areas. Non-residential areas such as loading areas,
parking, airport landing strips. Public and private recreational uses such as golf courses,
archery ranges, picnic grounds, parks, wildlife and nature preserves. New placement of
residential structures including manufactured homes is prohibited within the identified
floodway (FW) area.
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Replacement of manufactured homes in existing manufactured home parks and subdivisions
is prohibited unless the conditions of Sections 1002.114 (5) and Section 1002.115 are met.
In Zone A unnumbered; obtain, review and reasonably utilize any floodway data available
through Federal, State or other sources or Section 1002.112 of this Section, in meeting the
standards of this Section.
New structures for human habitation are prohibited. All encroachments, including fill, new
construction, substantial improvements, or other developments must be prohibited unless
certification by a registered professional engineer or architect is provided demonstrating that
the development shall not result in any increase in water surface .elevations along the
floodway profile during occurrence of the base flood discharge. The uses are subj ect to the
standards of Sections i 102.12 and 1102.113. In Zone A unnumbered, obtain, review and
reasonably utilize any flood elevation and floodway data available through Federal, State or
other sources or Section 1102.112 (7) of this Ordinance in meeting with the standards of this
Section.
1002.116 FLOOD PLAIN DISTRICT; VARIANCES.
The Board of Adjustment as established by the City of Blair shall hear and decide appeals
and requests for variances from the requirements of this Section.
The Board of Adjustment shall hear and decide appeals when it is alleged that there is an
error. in any requirement, decision, or determination made by the City Administrator and/or
his designee in the enforcement or administration of this Section.
Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may
appeal such decision to the District Court as provided by Nebraska Statutes.
In passing upon such applications, the Board of Adjustment shall consider all technical
evaluation, all relevant factors, standards specified in other sections of this Section; and:
a. The danger that materials may be swept onto other lands to the injury of
others;
b. The danger of life and property due to flooding or erosion damage;
The susceptibility of. proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
The importance of the services provided by the proposed facility to the
community;
The necessity to the facility of a waterfront location, where applicable;
The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
The compatibility of the proposed- use with existing and anticipated
development;
The relationship of the proposed use to the comprehensive plan and flood
plain management program for that area;
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The safety of access to the property in times of flood for ordinance and
emergency vehicles;
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site; and .
The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and ,
facilities such as sewer, gas, electrical, and water systems; and
streets and bridges.
Conditions for variances:
1. Generally, variances. may. be issued for new construction and
substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots .with existing
structures const~ acted below the base flood level, providing items (2-
6) have been fully considered. As the lot size increases beyond the
one-half acre, the technical jurisdiction required for issuing the
variance increases.
2. Variances may be issued for the repair or rehabilitation of historic
structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation
as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
3. Variances shall not be issued within ar~y designated floodway ii any
increase in flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance
-- - is the minimum necessary, considering the flood hazard, to afford
relief.
5. Variances shall only be issued upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
6. The applicant shall be given a written notice over the signature of a
city official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for
flood insurance up to amounts as high as $25.00 for $100.00 of
insurance coverage, and (2) such construction below the base flood
level increases risk to life and property. Such notification shall be
maintained with a record of all variance actions as required by this
Ordinance.
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1002.117 FLOOD PLAIN DISTRICT; NON-CONFORMING USE: A structure or the use
of a structure or premises which was lawful before the passage or amendment of the Section
but which is not in conformity with the provisions of this Section maybe continued subject
to the following conditions:
1) No such use or substantial improvement of that use shall be expanded,
changed, enlarged, or altered in a way which increases its conformity.
2) If such use is discontinued for six consecutive months, any future use of the
building premises. shall conform to this Section.. The Utility Department shall
notify the City Administrator and/or his designee in writing of instances of
nonconforming uses where utility services have been discontinued for a
.period of six months.
3) Uses or adjuncts thereof which are or become nuisances shall not be entitled
to continue as nor~cor~forming uses.
4) If any residential nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more than 50
percent of the market value of the structure before the damage occurred
within those areas identified as floodway (FW). This limitation does not
include the cost of any alteration to comply with existing state or local health,
sanitary, building, or safety codes or regulations or the cost of any alteration
of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
5) If any. non-residential nonconforming use or structure is destroyed by any
means, including flood, it shall not be reconstructed if the cost is more than
50 percent of the market value of the structure before the damage occurred
except that if it is reconstructed in conformity with the provisions of this
Section. This limitation does not include the cost of any alterationto comply
with existing state or local health, sanitary,- building, or .safety codes or
regulations or the cost of any alteration of a structure listed on the National
Register of Historic Places or State Inventory of Historic Places.
1002.118 FLOOD PLAIN DISTRICT; PENALTIES FOR VIOLATION: Violation of the
provisions of this Section or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with grants of variances. or
special exceptions) shall constitute a misdemeanor. Any person who violates this Section or
fails to comply with any of its requirements shall upon conviction thereof be fined not more
than $100.00, and in addition, shall pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a separate offense. Nothing herein contained
shall prevent the City of Blair or other appropriate authority from taking such other lawful
action as is necessary to prevent or remedy any violation.
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1002.119 FLOOD PLAIN DISTRICT; AMENDMENTS: The regulations, restrictions, and
boundaries set forth in this Section may from time to time be amended, supplemented,
changed, or appealed to reflect any and all changes in the National Flood Disaster Protection
Act of 1973, provided, however, that no such action may be taken until after a public hearing
. in relation thereto, at which parties in interest and citizens shall have an opporhulity to be
heard. At least 15 days notice of the time and place of such hearing shall be published in
newspaper of general circulation in the City of Blair. The regulations of this Section are in
compliance with the National Flood Insurance Program Regulations as published in Title 44
of the Code of Federal Regulations and the 1983 Nebraska Flood Plains Regulations Act.
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SECTION 1003 SPD :PLANNED DEVELOPMENT DISTRICT
1003.01 INTENT: The provisions of this Section are to be applied in instances where tracts or land
of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and
where the overall design of which units warrants modification of the standards contained elsewhere
in this Ordinance. A planned development, to be eligible under this Section must be:
(1) In accordance with the comprehensive plan of the City including all plans for redevelopment and
renewal;
(2) Composed of such uses, and in such proportions, as are most appropriate and necessary for the
integrated functioning of the planned development and for the City.
(3) So designed in its space allocation, orientation, texture, materials, landscaping and other features
as to produce an environment of stable and desirable character, complimenting the design and values
of the surrounding neighborhood, and showing such unusual merit as to reflect credit upon the Cif.
This district is created to be appended to all residential, commercial and industrial districts to provide
for the placement and location of more than one building on a lot in an arrangement to permit more
feasible, original and better siting of buildings.
1003.02 PERMITTED -PRINCIPAL USES AND STRUCTURES: Uses and structures permitted
under the provisions of the regulations of the Parent District of which this district is made a part shall
be permitted.
I003.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessoryuses and structures
permitted under the provisions of the regulations of the Parent District and those normally
appurtenant to the uses and structures permitted as exceptions shall be permitted.
1003.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been
fulfilled, the City Council may permit conditional uses permitted as Exceptions in the Parent District
of which this district is made a part.
1003.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS:
Notwithstanding the requirements of Article 14 of this Ordinance, the following regulations shall
supplement the Special Conditions and/or Conditions for Granting Exceptions which are provided in
the Parent District of which this district is made a part. These regulations shall supersede those of
the Parent District where there is a conflict among regulations.
(1) Minimum Area of Tract: The minimum area of a tract of land to be zoned as an appended SPD
Planned Development District is dependent on the Parent District as follows:
Parent Zoning Districts Minimum Area (Acres)
R Residential 3
B Commercial 2
M Industrial 8
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The tract for the use as a SPD Planned Development District shall be under single or joint
ownership.
(2) Procedures: When a property owner or developer intends to develop a tract of Land containing at
least the minimum area for that Parent District and involving more than one establishment, or in the
case of a residential zoned .area, more than one dwelling unit, he/she may apply for zoning the
property to a SPD Planned Development District. The rezoning. change shall be an amendment to
the zoning map as an appendage to the existing Parent District. The rezoning change may also be a
request to change the existing Parent District to another Parent District with the SPD Planned
Development District.
An applicant for a change in zoning to SPD Planned Development District must satisfy the Planning
Commission that hefshe has the ability to carry out the proposed plan and shall prepare and submit a
schedule for construction.
Such applicant also shall prepare and submit a Preliminary Development Plan for review and
approval by the Planning Commission which shall include:
(a). A topographic map showing contours at intervals of two feet.
(b). A plot plan showing:
1. Building and sign structure locations on the tract.
2. Access for streets.
3. Parking arrangement and number of spaces.
4. Interior drives and service areas.
5. Area set aside for public open space.
(c). Location map showing the development and zoning of the adjacent property within 200
feet; including the location and the type of buildings and structures thereon.
(d). The full legal description of the boundaries of the properties to be included in the area to
be zoned SPD Planned Development District.
(e). A map showing the general arrangement of streets within an area of 1,000 feet from the
boundaries of the area to be zoned SPD Planned Development District.
(f). A map showing location of proposed sewer, water and other utility lines.
(g). A description of general character of proposed buildings and any signs to be placed on the
site.
The applicant may further be asked to furnish other information, such as typical building floor plans,
building elevations to show the .general architectural character of the buildings, some indications as
to size and type of landscape plant materials, pavements, and other major site improvements.
The applicant may be asked to submit the tentative financial plan and description of the intended
means of financing any proposed common areas or common improvements, and statements covering
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ownership and maintenance of common easements or other common areas, such as open space or
recreational facilities.
Upon approval of the Preliminary Development Plan by the Planning Commission, the applicant
shall prepare and submit a fmal Development Plan, which shall incorporate any changes or
alterations requested. Alterations in the preliminary schedule of construction shall be submitted at
this time. The final Development Plan and the Planning Commission's recommendation shall be
forwarded to the City Council for their review and final action.
In the event that within 18 months following approval by the City Council, the applicant does not
proceed with construction in accordance with the plan so approved, the Planning Commission shall
initiate action to rezone the property to the original zoning district. A public hearing, as required by
Iaw, shall be advertised and held at which time the applicant shall be given an opportunity to show
why construction has been delayed. Following the hearing, the Planning Commission shall make
findings of fact and shall make a recommendation to the City Council.
All plans and documents shall become a part of the amendment and shall form the basis for issuance
of a building permit in conformity therewith.
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 subj ect 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 atwenty-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.
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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.
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 . I 1 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 I~uNIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and Iot 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.
1005.075 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.
1005.08 MAXIMUM LOT COVERAGE: There shall be no maximum lot coverage
requirements.
116
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 adj acent 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 - SpeciaLMedical 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.
8/1999
11/1999
117
ARTICLE 11 SUPPLEMENTARY DISTRICT REGULATIONS
SECTION 1101 VISIBILITY AT INTERSECTIONS
Sight Triangle Easement:
On a corner lot in all districts, except the CCB Central Business District, continuous unobstructed
sight distance shall be provided for safe traffic operations. No obstruction, including fences, hedges,
walls, shrubbery or other manmade or natural obstructions shall exist between a height of two and
one-half (21/2) feet and ten (10) feet with a sight triangle of the following dimensions set forth on
Diagram shown below and incorporated. by this reference:herein:
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*All Local to Collector, Local to Arterial, Collector to Arterial and Arterial to Arterial should
be controlled by stop signs and traffic signals.
Source: The Illustrated Book of Development Definitions, (Moskowitz, Harvey and Carl
Lindbloom, 1995). 5/1998
118
SECTION 1102 FENCES, WALLS AND HEDGES
Fences: Walls and Hedges: Notwithstanding other provisions of this ordinance, fences, walls and
hedges may be permitted in any required yard, provided that no fence, wall or hedge along the sides
or front edge of any front yard shall be over three and one half (3 1/2) feet in height. Additionally,
no fence, wall or hedge shall exceed 2 1/2 feet in height when located within the site triangle of a
corner lot. The following regulations shall apply to the construction of fences.
1) No solid fence shall be constructed closer to the street than the front properly line. If
sidewalk is located within the front yard, no fence shall enclose the sidewalk nor shall a
fence be .constructed nearer than six inches (6") to the sidewalk.
2) No fence erected in a required front yard shall materially obstruct public view. No
component of a front yard fence shall exceed 31/2' feet in height, nor shall any structural
member exceed thirty six inches (36") in area, as measured using the horizontal cross
section.
3) No fence shall be constructed which will constitute a traffic hazard as identified in the
site triangle of a corner lot (See Section 1101).
4) No fence constructed in the second front yard (the side yard abutting the street) of a
corner lot shall exceed forty eight inches (48") in height. For the purposes of this section,
the "second front yard" shall be deemed to be in the area extending from the front corner
of the house to the rear lot line on the side of the lot immediately adjacent to the City
Street.
5) No fence shall be constructed in such a manner or be of such design as to be hazardous or
dangerous to persons or animals by intent of its construction or by inadequate
maintenance (examples of hazardous or dangerous fences shall be wire strand fences
such as electrical conduit wire fences, barbed wire fences, chicken wire fences, etc.).
Permitted types offences shall include chain link fencing, wood fencing (including split
rail), wrought iron, plastic, vinyl or other ornamental fencing.
6) No fence within Residential Districts, except fences erected upon public or parochial
school grounds or in public parks and in public playgrounds, shall be constructed of a
height greater than six (6) ,feet.
7) All fences shall conform to the construction standards of the building code and other
ordinances.
8) In commercial and industrial districts, maximum height of fences shall be six (6) feet.
Except, when industry standards for certain types of businesses require fences of greater
heights, the Zoning Administrator at his/her discretion may allow greater heights.
9) All fences or parts thereof which are solid shall be constructed so that all posts, braces,
stringers, and all other structural members faced to the interior or the- lot or parcel being
fenced.
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10) Effective from and after July 1, 1998, the Rules and Regulations of the International
Building Code pertaining to confinement and fencing of outdoor pools shall be in effect
and shall be enforced.
11) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental
fencing or of similar material as the remainder of the fence.
Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair
and which is included in the General Agricultural Zoning District or the Rural Residential Estate
Zoning District shall be exempt from the fence,. wall and hedge requirements set forth hereinabove in
this Section.
06/1998
08/1999
09/1999
01/2002
120
SECTION 1102.01
GENERATORS
SATELLITE DISHES, TELEVISION ANTENNAS, WIND
Satellite dishes over twenty (20) inches in diameter, television antennas, and wind generators shall
not be located in the front, other street yard or side yard, but maybe located in the rear yard if they
are at least five (5) feet from the side lot line, ten (10) feet from the rear lot line, and on corner lots
they shall be set back the full required front yard set-back on the other street yard frontage. If these
structures are located on top of the main structure, they must meet the minimum set-backs for the
district.
If these structures are to be located on a double frontage lot, they maybe located in the front yard
which is opposite of the direction which the maj ority of the residential structures in the block face as
long as they are at least twenty (20) feet from the street right-of--way and five (5) feet from the side
lot line.
1102.02 WIRELESS TELECO1VIIi~iJNiCATIONS TOWERS AND FACILITIES
1102.02(1) Purposes
1102.02(2) Defmitions
1102.02(3) Development of Towers
1102.02(4) Setbacks
1102.02(5) Structural Requirements
1102.02(6) Separation or Buffer Requirements
1102.02(7) Method of Determining Tower Height
1102.02(8) Illumination
1102.02(9) Exterior Finish
1102.02(10) Landscaping
1102.02(11) Access
1102.02(12} Stealth Design
1102.02(13) Telecommunications Facilities on Antenna Support Structures
1102.02(14) Modification of Towers
1102.02(15) Certification and Inspections
1102.02(16) Maintenance
1102.02(17) Criteria for Site Development Modifications
1102.02(18) Abandonment
1102.02(19) Severability
1102.02(20) Conflicts (Repeal of Ordinances)
1102.02(1) Purposes.
The general purpose of this Ordinance is to regulate the placement, construction, and modification of
Towers and Telecommunications Facilities in order to protect the health, safety, and welfare of the
public, while at the same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the City.
121
Specifically, the purposes of this Ordinance are:
(a) To regulate the location of Towers and Telecommunications Facilities in the City;
(b) To protect residential areas and land uses from potential adverse impact of Towers and
Telecommunications Facilities;
(c) To minimize adverse visual impact of Towers and Telecommunications Facilities through
careful design, siting, landscaping, and innovative camouflaging techniques;
(d) To promote and encourage shared use/collection of Towers and Antenna Support
Structures as a primary option rather than construction of additional single-use Towers;
(e) To promote and encourage utilization of technological designs that will either eliminate or
reduce the need for erection of new Tower structures to support antenna and Telecommunications
Facilities;
(f) To avoid potential damage to property caused by Towers and Telecommunications
Facilities by ensuring such structures are soundly and carefully designed, constructed, modified,
maintained, and removed when no loriger used or are determined to be structurally unsound; and
(g) To ensure that Towers and Telecommunications Facilities are compatible with
surrounding land uses.
1102.02(2) .Definitions.
The following words, terms, and phrases, when used in this Section, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Act means the Telecommunications Act of 1996.
(b) Antenna Support Structure means any building or structure other than a Tower which can
be used for location of Telecommunications Facilities.
(c) Applicant means any Person that applies for a Tower development permit.
(d) Application means the process by which the Owner of a parcel of land within the zoning
jurisdiction of the City submits a request to develop, construct, build, modify, or erect a Tower upon
such parcel of land. Application includes all written documentation, verbal statements, and
representations, in whatever form or forum, made by an Applicant to the City concerning such a
request.
(e) Engineer means any engineer licensed by the State of Nebraska.
(f) Owner means any Person with fee title or a long-term (exceeding ten (10) years) leasehold
to any parcel of land within the zoning jurisdiction of the City who desires to develop, or construct,
build, modify, or erect a Tower upon such parcel of land.
122
(g) Person is any natural person, firm, partnership, association, corporation, company, or
other legal entity, private or public, whether for profit or not for• profit.
(h) Stealth means any Tower or Telecommunications Facility which is designed to enhance
compatibility with adjacent land uses, including, but not limited to, architecturally screened rood
mounted antennas, antennas integrated into architectural elements, and Towers designed to look
other than like a Tower such as light poles, power poles, and trees. The term Stealth does not
necessarily exclude the use of uncamouflaged lattice, guyed, or monopole Tower designs.
(i) Telecommunications Facilities means any cables, wires, lines, wave guides, antennas, and
any other equipment or facilities associated with the transmission or reception of communications
which a Person seeks to locate or has installed upon or near a Tower or Antenna Support Structure.
However, Telecommunications Facilities shall not include:
(11 any satellite earth station dish which is twenty (20) inches in diameter or less,
or otherwise regulated under Section 1102.01 hereinabove; and,
(2) any amateur radio station operator/receive-only antenna. This section shall
not govern the installation of any antenna owned or operated by an
amateur radio operator and used exclusively for receive-only antennas and
for private noncommercial purposes which shall be regulated elsewhere in
the zoning regulations for the City of Blair, Nebraska and the municipal,
code of the City of Blair, Nebraska.
(j) Tower means aself-supporting lattice, guyed, or monopole structure constructed from
grade which supports Telecommunications Facilities.
1102.02(3) Development of Towers.
(a) No person shall build, erect, or construct a Tower upon any parcel of land within any
zoning district unless a conditional use permit shall have been issued in the manner provided in
Article 14 hereinafter. No person shall. build, erect, or construct a Tower upon any parcel of land
except within the following zoning districts:
AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING
2. (A/ML) AGRICULTURAL/HEAVY INDUSTRIAL (A/MH)
GENERAL AGRICULTURAL DISTRICT (AGG); provided however, no
person shall build, erect or construct a tower within one mile from the
corporate limits of the Gity of Blair, Nebraska, as amended from time to time.
(b) Towers are exempt from the maximum height restrictions of the districts where
located. Towers shall be permitted to a height of one hundred and fifty (150) feet. Towers maybe
permitted in excess of one hundred and fifty (150) feet in accordance with 1102.02(17) "Criteria for
Site Plan Development Modifications."
123
(c) No new Tower shall be built, constructed, or erected within the zoning jurisdiction of
the City unless the Tower is capable of supporting another Person's operating Telecommunications
Facilities comparable in weight, size, and surface area to the Telecommunications Facilities installed
by the Applicant on the Tower within six (6) months of the completion of the Tower construction.
(d) An Application to develop a Tower shall include:
(1) The name, address; and telephone number of the Owner and lessee of the
parcel of land upon which the Tower is situated. If the Applicant is not the
Owner of the parcel of-land upon which the Tower is situated, the written....
consent of the Owner shall be evidenced in the Application.
(2) The legal description and address ofthe parcel of land upon which the Tower
is situated.
(3) The names, addresses, and telephone numbers of all owners of other Towers
or fusible Antenna Support Structureswithin aone-half (%2) mile radius of the
proposed new tower site, including City-owned property.
(4) A description of the design plan proposed by the Applicant must identify its
utilization of the most recent technological design, including, microcell
design, as part of the design plan. The Applicant must demonstrate the need
for Towers and why design alternatives, such as the use of microcell, cannot
be utilized to accomplish the provision of the Applicant's
telecommunications services.
(5) An affidavit attesting to the fact that the Applicant made diligent, but
unsuccessful, ,efforts to obtain permission to install or collocate the
Applicant's Telecommunications Facilities on City-owned Towers or usable
Antenna Support Structures located within aone-half (%2) mile radius of the
proposed Tower site.
(6) An affidavit attesting to the fact that the Applicant made diligent, but
unsuccessful, efforts to install or collocate the Applicant's
Telecommunications Facilities on Towers or usable Antenna Support
Structures owned by other Persons located within aone-half (i/2) mile radius
of the proposed Tower site.
(7) Written technical evidence from an Engineer(s) that the proposed Tower or
Telecommunications Facilities cannot be installed or collocated on another
Person's Tower or usable Antenna Support Structures owned by other
Persons located within aone-half (1/2) mile radius of the proposed Tower site.
(8) A written statement from an Engineer(s) that the construction and placement
of the Tower will not interfere with public safety communications and the
124
usual and customary transmission or reception of radio, television, or other
communications services enj oyed by adj acent residential and non-residential
properties.
(9) Written, technical evidence from an Engineer(s) that the proposed structure
meets the standards set forth in 1102.02(5), "Structural Requirements", of
this Ordinance.
(10) Written, technical evidence from a qualified Engineer(s) acceptable to the
Fire Marshall and the building official that the proposed site of the Tower_or_
Telecommunications Facilities does not pose a risk of explosion, fire, or other
danger to life or property due to its proximity to volatile, .flammable,
explosive, or hazardous materials such as LP gas, propane, gasoline, natural
gas, or corrosive or other dangerous chemicals.
(11) In order to assist the City staff, Planning Commission and City Council in
evaluating visual impact, the Applicant shall submit color photo simulations
showing the proposed site of the Tower with aphoto-realistic representation
of the proposed Tower as it would appear viewed from the closest residential
property and from adjacent roadways.
(12) The Act gives the FCC sole jurisdiction of the field of regulation of RF
emissions and does not allow the City to condition or deny, on the basis of
RF impacts, the approval of any Telecommunications Facilities (whether
mounted on Towers or Antenna Support Structures) whsch meet FCC
standards. In order to provide information to its citizens, the City shall make
available, upon request, copies of ongoing FCC information and RF emission
standards for Telecommunications Facilities. transmitting from Towers or
Antenna Support Structures. Applicants shall be required to submit
information on the proposed power density of their proposed
Telecommunications Facilities and demonstrate how this meets FCC
standards. Applicants shall certify that all franchises or licenses required
under federal, state or Local law for the construction and/or operation of a
wireless communication system in the City have been obtained and shall file
a copy of all such required franchises and/or Licenses with the City staff.
(13) Identification of the entities providing the backhaul network for the tower(s)
described in the application and other towers or cellular sites owned and/or
operated by the applicant_
(e) The Planning Commission may require an applicant to supplement any information
the Commission considers inadequate or the applicant has failed to comply. In granting a conditional
use permit, conditions may be imposed to the extent that the Commission and the City Council
conclude that such conditions are reasonably necessary to minimize any adverse effect of the
125
proposed tower on adjoining properties. The Commission or the Council may deny an Application
on the basis that the Applicant has not satisfactorily supplied the information required in this
subsection. Applications shall be reviewed by the City in a prompt manner and all decisions shall be
supported in writing setting forth the reasons for approval- or denial,
The Commission and_City Council shall consider the following factors in deternlining
whether to issue a conditional use permit, although the Commission and City Council may waive or
reduce the .burden on the applicant of one or more of these criteria if the Commission and City
Council conclude that the goals of this section are better served thereby;
1. Height of proposed tower.
2. Proximity of the tower to residential structures and residential district boundaries.
3. Nature of uses on adjacent and nearby properties.
4. Surrounding topography.
5. Surrounding tree coverage and foliage.
b. Design of tower, with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
7. Proposed ingress and egress.
8. Availability of suitable existing towers, other structures or alternative
technologies not requiring the use of towers or structures.
No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of
the Commission and the City Council that no existing tower structure alternative technology that
does not require the use of towers or structures can accommodate the applicant's proposed tower.
Evidence submitted to demonstrate that no existing tower structure alternative technology can
accommodate the applicant's proposed antenna may include any of the following (although nothing
should be construed to infer that meeting one, some or all of the following shall entitle the applicant
to approval).
1. No existing towers or structures are located within the geographic area which meet
applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause interference with the antenna on
existing towers or structures or the antenna on the existing towers or structures would
cause interference with the applicant's proposed antenna.
5. The fees, costs or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure are commercially
unreasonable.,
6. The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
126
The applicant demonstrates that an alternative technology that does not require the use of
towers or structures is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable.
1102.02(4) Setbacks.
(a) All Towers shall be set back on all sides a distance equal to the.minimum front yard, rear
yard and side yard setback requirement in the applicable zoning district. In addition to the minimum
yard setback requirements, all towers shall be set back one (1) additional foot per each foot of Tower
..height.
(b) Setback requirements for Towers shall be measured from the base of the Tower to the
property Line of the parcel of land on which it is located.
(c) Setback requirements may be modified, as provided in 1102.02(17), when placement of a
Tower in a location which will reduce the visual impact can be accomplished. F or example, adjacent
to trees which may visually hide the Tower.
1102.02(5) Structural Requirements.
All Towers must be designed and certified by an Engineer to be structurally sound and, at
minimum, in conformance with the applicable Building Code, and any other standards outlined in
this Ordinance. All Towers in operation shall be fixed to land.
1102.02(6) Separation or Buffer Requirements.
For the purpose of this Ordinance, the separation distances between Towers shall be
measured by drawing or following a straight line between the base of the existing or approved
structure and the proposed base, pursuant to a site plan of the proposed Tower. Tower separation
distances from residentially zoned lands shall be measured from the base of a Tower to the closest
point of residentially zoned property. The minimum Tower separation distances from residentially
zoned land and from other Towers shall be calculated and applied irrespective of City jurisdictional
boundaries.
(a) Towers shall be separated from all residentially zoned lands by a minimum of two
hundred (200) feet or two hundred (200) percent of the height of the proposed Tower, whichever is
greater.
(b) Proposed Towers must meet the following minimum separation requirements from
existing Towers or Towers which have been granted a conditional use permit but are not yet
constructed at the time a conditional use permit is granted pursuant to this Code:
(1) Monopole Tower structures shall be separated from all other Towers, whether
monopole, self-supporting lattice, or guyed, by a minimum of seven hundred
and fifty (750) feet.
127
(2) Self-supporting lattice or guyed Tower structures shall be separated from all
other self-supporting or guyed Towers by a minimum of fifteen hundred
(1,500) feet.
(3) Self-supporting lattice or guyed Tower structures shall be separated from all
monopole Towers by a minimum of seven hundred and fifty (750) feet.
1102.02(7) Method of Determining Tower Height.
Measurement of Tower height for the purpose of determining compliance with all
requirements of this Section shall include the Tower structure itself, the base pad, and any other
Telecommunications Facilities attached thereto which extend more than twenty (20) feet over the top
of the Tower structure itself. Tower height shall be measured from grade.
1102.02(8) Illumination.
Towers shall not be artificially lighted except as required by the Federal Aviation
Administration (FAA). Upon commencement of construction of the Tower, incases where there are
residential uses located within a distance which is three hundred (3 00) percent of the height of the
Tower from the Tower and when required by federal law, dual mode lighting shall be requested from
the FAA.
1102.02(9) Exterior Finish.
Towers not requiring FAA painting or marking shail have an exterior finish which enhances
compatibility with adjacent land uses; as approved by the appropriate reviewing body..
1102.02(10) Landscaping.
All landscaping on a parcel of land containing Towers, Antenna Support Structures, or
Telecommunications Facilities shall be in accordance with the applicable landscaping requirements
in the zoning district where the Tower,. Antenna Support Structure, or Telecommunications Facilities
are located. The City may require landscaping in excess of the requirements in the City Code in
order to enhance compatibility with adj acent land uses. Landscaping shall be installed on the outside
of any fencing.
1102.02(11) Deleted
1102.02(12) Stealth Design.
Stealth design is encouraged. The issue of stealth design will be considered as an element of
the building design criteria considered as part of the issuance of the conditional use permit.
No signs shall be allowed on any antenna or tower.
128
1102.02(13) Telecommunications Facilities on Antenna Support Structures.
Any Telecommunications Facilities which are not attached to a Tower may be permitted on
any Antenna Support Structure at least fifty (50) feet tall, regardless of the zoning restrictions
applicable to the zoning district where the structure is located. Telecommunications Facilities are
prohibited on all other structures. The owner of such structure shall, by written certification to the
zoning administrator, establish the following at the time plans are submitted for a building permit:
(a) That the height from grade of the Telecommunications Facilities shall not exceed the
height from grade of the Antenna Support Structure by more than twenty (20) feet;
(b) That any Telecommunications Facilities and their appurtenances, located above the
prima~~y roof of an Antenna Support Structure, are set back one (1) foot from the edge of the primary
roof for each one (1) foot in height above the primary roof of the Telecommunications Facilities.
This setback requirement shall riot apply to Telecommunications Facilities and their appurtenances,
located above the primary roof of an Antenna Support Structure, if such facilities are appropriately
screened from view through the use of panels, walls, fences, or other screening techniques approved
by the City. Setback requirements shall not apply to Stealth antennas which are mounted to the
exterior of Antenna Support Structures below the primary roof, but which do not protrude more than
eighteen (18) inches from the side of such an Antenna Support Structure.
1102.02(14) Modif cation of Towers.
(a) A Tower existing prior to the effective date of this. Ordinance, which was incompliance
with the City's zoning regulations immediately prior to the effective date of this Ordinance, may
continue in existence as a nonconforming structure. Such nonconforming structures 'may be
modified or demolished and rebuilt without complying with any of the additional requirements of
this Section, except for Sections 1102.02(6), "Separation or Buffer Requirements," 1102.02(15),
"Certification and Inspections," and 1102.02(16), "Maintenance," so long as:
(1) The Tower is being modified or demolished and rebuilt for the sole purpose
of accommodating, within six (6) months of the completion of the
modification or rebuild, additional Telecommunications Facilities
comparable in weight, size; and surface area to the discrete operating
Telecommunications Facilities of any Person currently installed on the
Tower;
(2) An Application for a conditional use permit is made in the manner provided
in this Article and Article 12;. The grant of a conditional use permit pursuant
to this Section allowing the modification or demolition and rebuild of an
existing nonconforming Tower shall .not be considered a determination that
the modified or demolished and rebuilt Tower is conforming; and
(3) The height of the modified or rebuilt Tower and Telecommunications
Facilities attached thereto do not exceed the maximum height allowed under
this Ordinance.
129
(b) Except as provided in this Section, a nonconforming structure or use maynot be enlarged,
increased in size, or discontinued in use for a period of more than one hundred eighty (180) days.
This Ordinance shall not be interpreted to legalize any structure or use existing at the time this
Ordinance is adopted, which structure or use is in violation of the Code prior to enactment of this
Ordinance.
1102.02(15) Certification and Inspections.
(a) All Towers shall be certified by an Engineer to be structurally sound and in conformance
with the requirements of the Building Code and all other construction standards set forth by the
City's Code and federal and state law. For new monopole Towers, such certification shall be
submitted with an Application pursuant to 1102.02(3) of this Ordinance and every five (5) years
thereafter. For existing monopole Towers, certification shall be submitted within sixty (60) days of
the effective date of this Ordinance and then every five (5) years thereafter., For new lattice or guyed
Towers, such certification shall be submitted with an Application pursuant to 1102.02(3) of this
Ordinance and every two (2) years thereafter. For existing Lattice or guyed Towers, certification shall
be submitted within sixty (60) days of the effective date of this Ordinance and then every two (2)
years thereafter. The Tower owner may be required by the City to submit more frequent
certifications should there be reason to believe that.the structural and electrical integrity of the Tower
is jeopardized.
(b) The City or its agents shall have authority to enter onto the property upon which a Tower
is located, between the inspections and certifications required above, to inspect the Tower for the
purpose of determining whether it complies with the Building Code and all other construction
standards provided'oy the City Code and federal and state law.
(c) The City reserves the right to conduct such inspections at any time, upon reasonable
notice to the Tower owner. All expenses related to such inspections by the City shall be borne by the
Tower owner.
1102.02(16) Maintenance.
(a) Tower owners-shall at all times employ ordinary and reasonable care and shall install and
maintain in use nothing less than commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) Tower owners shall install and maintain Towers, Telecommunications Facilities, wires,
cables, fixtures, and other equipment in substantial compliance with the requirements of the National
Electric Code and all FCC, state, and 1_ocal regulations, and in such manner that will not interfere
with the use of other property.
(c) All Towers, Telecommunications Facilities, and Antenna Support Structures shall at all
times be kept and maintained in good condition, order, and repair so that the same shall not menace
or endanger the life or property of any Person.
(d) .All maintenance or construction of Towers, Telecommunications Facilities, or Antenna
Support Structures shall be performed by licensed maintenance and construction personnel.
130
(e} All Towers shall maintain compliance with current RF emission standards of the FCC.
(f) In the event that the use of a Tower is discontinued by the Tower owner, the Tower owner
shall provide written notice to the City of its intent to discontinue use and the date when the use shall
be discontinued.
1102.02(17) Criteria for Site Plan Development Modifications.
(a) Notwithstanding the Tower requirements provided in this Ordinance, a modification to the
requirements may be approved by the City Board of Zoning Adjustment ("Board ofAdjustment") as
a variance in accordance with the following:
(1) In addition to the requirement for a Tower Application, the Application for
modification shall include the following:
(i) A description of how the plan addresses any adverse impact that
might occur as a result of approving the modification.
(ii) A description of off-site or on-site factors which mitigate any adverse
impacts which might occur as a result of the modification.
(iii) A technical study that documents and supports the criteria submitted
by the Applicant upon which the request for modification is based.
The _ technical study shall be certified by an Engineer and shall
document the existence of the facts related to the proposed
modifications and its relationship to surrounding rights-of--way and
properties.
(iv) For a modification of the setback requirement, the Application shall
identify all parcels of land where the proposed Tower could be
located, attempts by the Applicant to contact and negotiate an
agreement for collocation, and the result of such attempts.
(v) The Board of Adjustment may require the Application to be reviewed
by an independent Engineer under contract to the City to determine
whether the antenna study supports the basis for the modification
requested.
The cost of review by the City's Engineer shall be reimbursed to the City by the
Applicant.
(2) The Board of Adjustment shall consider the Application for modification
based on the following criteria:
(i) That the Tower as modified will be compatible with and not
adversely impact the character and integrity of surrounding properties.
131
(ii) Off-site or on-site conditions exist which mitigate the adverse
impacts, if any, created by the modification.
(iii) In addition, the Board may include conditions on the site where the
Tower is to be located if such conditions are necessary to preserve the
character and integrity of the neighborhoods affected by the proposed
Tower and mitigate any adverse impacts which arise in connection
with the approval of the modification.
(b) In addition to the requirements of subparagraph (a) of this Section and the requirements of
Article 13, in the following cases the Applicant must also demonstrate, with written evidence, the
following:
(1) In the case of a requested modification to the setback requirement,
1102.02(4), that the setback requirement cannot be met on the parcel of land
upon which the Tower is proposed to be located and the alternative for the
Person is to locate the Tower at another site which is closer in proximity to a
residentially zoned land.
(2) In the case of a request for modification to the separation and buffer
requirements from other Towers of 1102.02(6), "Separatiori or Buffer
Requirements," that the proposed site is zoned A/MH or A/ML and the
proposed site is at least double the minimum standard for separation from
residentially zoned lands as provided for in 1102.02(6).
(3) In the case of a .request -for modification of the separation and buffer
requirements from residentially zoned land of 1102.02(6), if the Person
provides written technical evidence from an Engineer(s) that the proposed
Tower and Telecommunications Facilities must be located at the proposed
site in order to meet the coverage requirements of the Applicant's wireless
communications system and if the Person is willing to create approved
landscaping and other buffers to screen the Tower from being visible to
residentially zoned property.
(4) In the case of a request for modification of the height limit for Towers and
Telecommunications Facilities or to the minimum height requirements for
Antenna Support Structures, that the modification is necessary to: (i}
facilitate collocation of Telecommunications Facilities in order to avoid
construction of a new Tower; or (ii) to meet the coverage requirements of the
Applicant's wireless communications system, which requirements must be
documented with written, technical evidence from an Engineer(s) that
demonstrates that the height of the proposed Tower is the minimum height
required to function satisfactorily, and no Tower that is taller than such
minimum height shall be approved.
132
(c) In addition to the foregoing, the Applicant must demonstrate that, by reason of
exceptional topographic conditions or other extraordinary and exceptional situation or condition of
his property, the strict application of any enacted regulation under this article would result in peculiar
and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such
property. The Board of Adjustment may authorize a variance from such strict application so as to
relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and purpose of any ordinance or
resolution. No such variance shall be authorized by the Board of Adjustment unless it finds that (a)
The strict application of the zoning regulation would produce undue hardship; (b) such hardship is
not shared generally by other properties in the same zoning district and the same vicinity; (c) the
authorization of-such variance will not be of substantial detriment to adjacent property and the
character of the district will not be changed by the granting of the variance; and (d) the granting of
such variance is based upon reason of demonstrable and exceptional hardship as distinguished from
the variations for purposes of convenience, profit or caprice.
1102.02(18) Abandonment.
(a) If any Tower shall cease to be used for a period of 180 consecutive days, the City Council
shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination
by the City Council that such site has been abandoned. The Owner shall have thirty (30) days from
receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or
under repair during the period. If the Owner fails to show that the Tower has been in use or under
repair during the period, the City Council shall issue a final determination of abandonment for the
site. Upon issuance of the final determination of abandonment, the Owner shall, within seventy-five
(75) days, dismantle and remove the Tower.
(b) To secure the obligation set forth in this Section, the Applicant (and/or Owner) shall post
a bond in an amount to be determined by the City Council at the time of the approval of the issuance
of the conditional use permit based on the anticipated cost of removal of the Tower.
1102:02(19) Severability.
That if any clause, section, or other part of this Ordinance shall be held invalid or
unconstitutional byany court of competent jurisdiction, the remainder of this Ordinance shall not be
affected thereby, but shall remain in full force and effect.
3/2003.
133
SECTION 1103 ACCESSORY BUILDINGS AND USES
1103.01 USE FOR DWELLING: Accessory buildings shall not be used for dwelling purposes
unless specifically permitted.
1103.02 SIZE LIMITATIONS
Accessory buildings are intended to remain secondary in nature to the primary building or structure
on the land or tract of land in which they are located. The maximum amount of accessory buildings
shall be limited to two (2) structures. Accessory buildings in all Residential Districts, located within
the city limits of the City of Blair, Nebraska, shall meet the following additional requirements:
The maximum combined total square footage of all accessory buildings shall not exceed
fifty (50) percent of the total square footage of the primary building's ground coverage
area (area calculated at the exterior of the building at ground level),~or eight hundred and
sixty four (864) square feet in total area, which ever is the greater.
2 The combined total square footage area of the primary and accessory buildings shall not
exceed the maximum allowable Lot Coverage Area as allowed by the zoning
classification in which the buildings are located.
The maximum allowable building height of an accessory building, at its highest point,
shall not exceed the height of the peak of the roof of the primary building or the height of
twenty (20) feet, whichever is less. For purposes of this provision, height shall mean
vertical distance measured from the average elevation of the fmished grade of the
building to the highest point of the building.
4. No accessory structure shall be constructed without a primary building or structure. No
accessory building shall remain if the primary structure is removed or demolished.
1103.03 VEHICLE ACCESS: Unless otherwise specifically permitted, any accessory building
requiring vehicle access from an alley way shall be located a minimum of fifteen (15) feet from the
rear property 'line.
1103.04 ATTACHED ACCESSORY USE: Any accessory attachedto the principle building shall
be considered as a part of the principle building and shall meet the same requirements as specified
for the principle building in said district.
1103.05 FIRE HAZARDOUS ACCES SORY USES: No accessory use shall be located within ten
(10) feet of a residential dwelling that creates a fire hazard or WtJU1_d s,.zbj ect the residential s*..rueture
to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid storage, etc.
12/1997
01/2002
134
SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT
In any zoning district except AGG, RRE, RL, RM, R.ML, and RMH, more than one (1) structure
housing a permitted or permissible principal use maybe erected on a single lot, provided that yard
and other requirements of this Ordinance shall be met for each principal structure as though it were
on an individual lot.
SECTION 1105 EXCEPTIONS TO HEIGHT REGULATIONS
The height limitations contained in this Ordinance shall not apply to spires, belfries, cupolas,
antennas, water tanks, ventilators, domes, chimneys, grain elevators and accessory agricultural
structures.
SECTION 1106 STRUCTURES TO HAVE ACCESS
Every building hereafter erected or moved with the exception of nonresidential agricultural related
structures in A Agricultural zoned districts, shall be on a lot adj acent to a public or approved private
street and all structures shall be so located on lots as to provide safe and convenient access for
servicing, fire protection and required off-street parking.
SECTION 1107 UTILITY AND LOT AREA REQUIREMENTS FOR RESIDENTIAL
STRUCTURES
1. It shall be unlawful to occupy a residential structure or any building for living purposes that does
not have an approved waste disposal system.
2. No waste absorption field (septic tank, cess pools, etc.) shall be constructed any closer than
twenty-five (25) feet from any adjacent property line.
3. There shall be no waste absorption field located closer than fifty (50) feet from any other
residential structure.
4. There shall be no waste absorption field located closer than fifty (50) feet from a water well
provided; however, where geology and subsurface conditions and topography would indicate that
seepage could reach the well supply, a greater distance shall be required.
5. An individual residential waste absorption field shall contain a minimum of ten-thousand
(1_ 0,000) square feet, exclusive of the area required by structure. The entire tract shall contain not
less than twenty-thousand (20,000) square feet. If tract is less than two (2) acres, public water must
be available.
135
SECTION 1108 TEMPORARY STRUCTURES
Temporary structures incidental to construction work, but only for the period of such work, are
permitted in all districts; however, basements and cellars shall not be occupied for residential .
purposes until the building is completed.
SECTION 1109 CARETAKERS QUARTERS
Caretaker's quarters are permitted in all districts, if included in the principle structure, providing said
use is incidental to the principal use. I
136
SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIltEMENTS
1. In all districts except A/ML and A/MH, where forty (40) percent or more of the frontage
on one (1) side of a street between the nearest boundary lines.of two (2) intersection streets,
within the same zoning district, is developed with buildings that have established, with a
variation of five (5) feet or less, a front yard of greater or lesser depth than herein required,
new buildings shall be erected no closer to the street right-of--way than the average front yard
setback line established by such existing buildings.
2. In the A/ML and A/MH districts, the City Council may, upon recommendation of the
Planning Commission, grant a Conditional Use Permit that would allow a front yard set
back different than herein required, i£
a. forty percent (40%) or more of the frontage on one side of the street between the
nearest boundary lines of two (2) intersecting streets, and for a distance of one block
in either direction, is developed with buiidings that have established, with a variation
of five feet (5') or less, a front yard of greater or lesser depth than herein required:
b. the entire two block area is within the same zoning district;
c, the front yard of less depth than required would have no deleterious effect on the
value of adjacent property and would pose no threat to health or safety; and
d. said lot does not front upon a Federal Aid-Primary, Federal Aid-Secondary, or State
highway.
Such Conditional Use Permit shall allow new buildings to be erected to closer to the street
right-of--way than the average front yard setback line established under the provisions of 2(a)
immediately herein above.
3. Where two (2) lots are under common ownership and have been permanently appended to
each other by an agreement in writing by the owner thereof, running with the land and
binding upon the heirs, personal representatives, successors, and assigns of such owners,
which provides that such lots or portions of lots are permanently appended (meaning that
they may bot be conveyed without the other in a simultaneous transaction to the same
grantee); for the determination of minimum front, rear, and side yard requirements, the
outer boundary of such lots shall be considered the lot line for establishing set back
requirements, and no setback from any internal lot lines, separating such permanently
appended lots, sha11_ be required.
5/2000
137
SECTION 1.110..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 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.
11/1999
138
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 location 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 MIl~IIMUM 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 located as to avoid undue interference with public use of
streets, alleys and walkways. Minimum off-street parking and loading requirements, which shall be
set forth in the Schedule of Minimum Off-Street Parking and Loading Requirements, hereby adopted
by reference and declared to be a pat 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.
11/1999
139
SCIIEDULE OF 1VIINI1VIUlVI OFF~ST ET PAI~I~ING ANI) LOADING
~iTIREIVIENTS
Ii~Iiniinufln Off Street P/iiniBnum Off Street
Structures and Uses Parking Regulations Loading I~ecluireinents
Bowling Alleys. 4 Spaces per alley 1 Space per establishment
Churches, Synagogues 1 Space per 4 seats None required
and Temples in main unit of worship
Eating and Drinking
Places
Parking spaces equal
to 30% of capacity
in persons
Parking spaces equal
to 20% of capacity
in_ students
2 Spaces per establishment
Educational Uses,
Nursery & Primary
Education Uses,
All Other
Funeral Homes
and Chapels
Hospitals
Hotels
Industrial Uses
Libraries
Lodging and
Boarding Houses
2 Spaces per structure
Parking spaces equal
to 40% of capacity
in students
8 spaces per reposing
room
1 Space per 2 beds
1 Space per 2 rental
units
1 Space per 2
employees bn largest
shift
1 Space per 500
sq. ft. on floor area
1 Space per 2 rental
units
2 Spaces per structure
2 Spaces per establishment
3 Spaces per structure
1 Space per establishment
2 Spaces per establishment
1 Space per structure
None required
Blair Zoning Ordinance
Medical Clinics 5 Spaces per staff None required
doctor or dentist
Mobile Home Park 2 Spaces per dwelling None required
unit
Motels 1 Space per rental unit None required
Private Clubs and 1 Space per 500 LSpace per establishment
Lodges sq. ft of floor area
Residential Structures 2 Spaces per * None required
(multi-family) dwelling unit
Residential Structures 1 1/2 Spaces per * None required
(Multi-Family,) dwelling unit
occupants are 65 years
of age and older
* Enclosed parl~ing garages are not counted as parl~in g spaces
Residential Structures 2 Spaces per dwelling None required
(two-family) unit
Residential Structures 2 Spaces per dwelling None required
(Single- Family) unit
Residential Structures 2 Spaces per dwelling None required
(attached single family) unit
Retail Sales l Space per 200 1 Space per establishment
Establishments sq. ft. of gross floor area
Roadside Stands 4 Spaces per None required
establishment
Sanitariums,Convalescent 1 Space per 3 beds, 1 Space per establishment
Convalescent, and plus 1 Space per employee on the largest shift
Rest Hor_nes Services
Service Establishments 1 Space per 200 sq. 1 Space per establishment
ft. gross floor area
3/1999
Blair Zoning Ordinance
Theaters, Auditoriums 1 Space per 5 people 1 Space per establishment
and Places in designed capacity
of Assembly
Veterinary Estab- 3 Spaces per staff None required
lish~ier~ts doctor
Wholesaling and 1 Space per 2 2 Spaces per establishment
Distribution employees on
Operations _largest shift.,..
Blair Zoning Ordinance
SECTION 1112 MOBILE HOME REGULATIONS
1112.01 MOBILE HOMES: Notwithstanding the provisions of the district regulations of this
Ordinance, no mobile home shall be parked and occupied in any district outside an approvedmobile
home park for more than forty-eight (48) hours except upon a special permit issued by the Zoning
Administrator. Such permit shall be issued for a period not to exceed thirty (30) days and shall not
be renewable within the same calendar year. Provided, however, a permit may be issued for parking
and occupying, during the construction of a house thereon or for a period not exceeding one hundred
eighty (180) days and which shall be renewable for an additional period not exceeding one hundred
eighty (180) days. However,. if material_ progress with house construction is not made within
forty-five (45) days from the issuance of a permit, or if construction work ceases for a consecutive
period offorty-five (45) days, said permit shall become void. If the mobile home is being parked on
the site waiting to be placed on and connected to a permanent foundation the mobile home owner
does not originally need a permit. After thirty (30) days if the mobile home has not been placed on
and connected to a permanent foundation, a permit must be acquired in accordance with this section.
This section does not apply to single family mobile homes used as dwelling units for agricultural
related purposes, or on a permanent foundation.
1112:02 MOBILE HOME PARKS: A mobile home park maybe established in specified zoning
districts according to the procedures for granting exceptions, provided that the proposed mobile
home park meets all of the following requirements:
1. Certification of compliance with all ordinances and regulations regarding mobile home park
licensing, zoning, health, plumbing, electrical, building, fire prevention and all other applicable
ordinances and regulations shall be a prior requirement for granting said exception.
2. Individual mobile home lots shall have an area of not less than five thousand (5,000) square feet
for single wide mobile homes and six thousand (6,000) square feet for double wide mobile homes,
and the total number of lots per gross acre shall not exceed six (6).
3. Planting of trees and shrubs is required to the extent needed to provide for (a) screening of
objectionable views, (b) adequate shade, (c) a suitable setting for the mobile homes in the park as
well as neighboring uses.
4. A minimum of twenty-five (25) feet measured from any entrance, lean-to or other extension from
said mobile home shall be maintained between mobile homes.
5. A mobile home park shall have an area of not less than two (2) acres, nor more than ten (10) acres
and no mobile home parking o_r office or se?~vice building sha11_ be closer to a street right-of--way or
other property than twenty-five (25) feet.
6. A request for an exception shall set forth the location and legal description of the proposed mobile
home park property, and a sketch of the proposed mobile home park, showing dimensions,
driveways, proposed locations of mobile homes, the location of sanitary convenience and other
buildings and improvements.
140
7. The area of the mobile home or trailer stand shall be improved to provide an adequate and
approved foundation for the placement and tie-down of the mobile home or trailer, thereby securing
the super-structure against uplift, sliding, rotation, or overturning.
The mobile home or trailer stand shall be on incombustible materials and shall not shift or settle
unevenly under the weight of the mobile home or trailer due to frost action, inadequate drainage,
vibration or other forces acting upon the superstructure. The mobile home or trailer stand maybe
provided by means of a solid concrete footer block (16" x 16" x 4" minimum) placed on solid
uniform soil with at least two standard concrete blocks with cells placed vertically beside each other
on the footer block. A solid 4" concrete cap covering the two .concrete blocks shall be provided as
the bearing area to be positioned directly beneath the steel frame of the mobile home or trailer. Such
blocking shall be provided along the full length of the mobile home or trailer unit, spaced not more
than ten (10) feet apart, and not more than five (5) feet from the ends of the unit.
8. The mobile home or trailer stand shall be provided with anchors and tie downs such as
cast-in-place concrete "dead men", eyelets embedded in concrete foundations or runways, screw
augers, arrowhead anchors or other devices securing the stability of the mobile home or trailer. The
tie-down devices shall be compatible with the foundation system provided for the mobile home or
trailer such that the tie-downs are designed to resist the action of frost in the same manner as the
foundation svstem.
9. Tlie skirting of all mobile homes and trailers is required. Such skirting shall not attach a mobile
home or trailer permanently to the ground, but shall be sufficient to withstand wind load
requirements and shall not provide a harborage for junk or rodents, nor create a fire hazard. Such
skirting shall be provided with removable access panels sufficient to provide easy access to all utility
connection points of the mobile home or trailer and its subsequent connection to the utility risers if
they are located within the skirted area.
10. Licensing of mobile home parks shall be completed in accord with SECTION 10-602 and
10-603 of the Blair City Code.
141
SECTION 1113 CAMPGROiTNDS
A campground maybe established in specified districts according to the procedures for granting an
exception, provided that the proposed campground meets all of the following requirements:
1. A campground shall have an area of not less than one (1) acre, nor more than five (5) acres, and
no camping unit or service structure shall be closer to a street/road/highway right-of--way. or. other
property line than twenty-five (25) feet;
2._ A campgroundshallprovideminimumfacilities_including centralaravelaraileraanitary.and water
stations, toilets and refuse containers;
3. Certification of compliance with all ordinances and regulations regarding zoning, health,
plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations
shall be a prior requirement for granting said exception;
4. Individual camping units, other than tents, shall have a lot area of not less than seven hundred
fifty (750) square feet and the total number of units per gross acre shall not exceed twenty (20);
5. Individual tent camping units shall be located in separate areas designated for tent camping;
6. The layout of the campground shall be such that "destruction" of the natural vegetation and
topography of the area is minimized;
7. A request for an exception shall set forth the location and legal description of the proposed
campground property and a sketch of the proposed campground showing dimensions, roads, parking
stations, location of services and any other buildings or improvements;
8. Licensing of campgrounds shall be completed in accord with SECTION 10-602 and 10-603 of the
Blair City Code.
142
SECTION.1114 SIGN REGULATIONS
All signs are required to be permanently affixed to a building, pole, post, or set in a permanent
foundation in the case of some ground signs. Temporary signed authorized under Chapter 8 of the
Municipal Code of the City of Blair, Nebraska shall be permitted- pursuant to the terms and
conditions set forth therein. Animated or moving signs are not permitted within the zoning
jurisdiction of the City of Blair.
The area of a permitted sign is calculated by including the entire face of a sign, including the
advertising surface and any framing, trim or molding, but not including the supporting structure... In -
the event a sign has more than one face or advertising surface, the combined area of each face or
advertising surface shall be less than or equal to the total allowable area of the sign.
1114.01 ON AND OFF-SITE SIGNS ON INTERSTATE OF FEDERAL AID PRIMARY
HIGHWAYS. The erection or maintenance of any advertising sign, display, or device which is
visible to the traveled way of the National System of Interstate and Defense Highways, and the
System of Federal-Aid Primary roads of the State of Nebraska as defined by the Nebraska
Department of Roads, is hereby prohibited unless in compliance with the regulations set forth within
Rules and Regulations Relating to the Control of Advertising in Area Adjacent to the
Interstate and Federal-Aid Primary Highways; as amended, adopted acid published by the
Nebraska Department of Roads. A copy of these zoning regulations are on file in the office of the
City Administrator.
1114.02 PERMITTED SIGNS IN AGG AND RRE DISTRICTS: The specific regulations
in the AGG and RRE honing Districts are as follows:
(a) Residential premises: One on-premises wall sign not to exceed two square feet of sign
area, non-illuminated and non-reflecting, used to identify home occupations.
(b) Nonresidential premises: One on-premises ground sign or wall sign per frontage not
exceeding thirty-two square feet in area announcing the business or activity being
conducted on the premises. Ground signs shall be spaced a minimum of 150 feet apart
along any street frontage. No ground sign shall exceed eight feet in height.
(c) City of Blair shall not allow signs along any State or Federal Aid Highways prior to the
applicant obtaining a permit from the Nebraska State Department of Roads.
1114.03 PERMITTED SIGNS; RL, RM AND SHM: The specific regulations in the RL and RM
zoning districts are as follows:
(a) Residential premises: One on-premises wall sign, not to exceed two square feet of sign
area, non-illuminated and non-reflecting, used to identify home occupations.
11/13/01
143
(b) Uses, other than dwellings, permitted in the district: One on-premises wall sign, not to
exceed thirty-two square feet of sign area per building facade or, one on-premises ground
sign not exceeding thirty-two square feet in area for each main building limited to
identifying the building or activity being conducted on the premises. Such signs maybe
illuminated.
(c) Ground signs in this section shall not exceed six feet in height.
(d) ___ City_of Blair shall..not..allow_signs_along any_State_or Federal Aid. Highways prior to the
applicant obtaining a permit from the Nebraska Department of Roads.
1 i 14.04 PERMITTED SIGNS; RML AND RNIH DISTRICTS: The specific regulations in the
RML and RMH districts are as follows:
(a) All uses: One on-premises wall sign, not to exceed two square feet of sign area, non-
illuminated and non-reflecting, used to identify home occupations.
(b) For multiple-family dwellings:
(i) One on-premises wall signor ground sign, not to exceed six square feet of sign area,
non-illuminated and non-reflecting; identifying the name and use of the building;
(ii) One on-premises wall sign or ground sign, not to exceed one square foot in sign area,
non-illuminated and non-reflecting, identifying the quarters of an on-premises building
manager or custodian.
(c) Uses, other than dwellings, permitted in the district: One on-premises wall sign, not to
exceed thirty-two square feet of sign.area per building facade or, one on-premises ground
sign not exceeding thirty-two square feet in area for each main building limited to
identifying the building or activity being conducted on the premises. Such signs maybe
illuminated.
(d) Ground signs in this section shall not exceed six feet in height.
(e) City of Blair shall not allow signs along any State or Federal Aid Highways prior to the
applicant obtaining a permit from the Nebraska Department of Roads.
1114.05 PERMITTED SIGNS ACH AGRICULTURAL/HIGHWAY ~ COMMERCIAL
DISTRICT: The specific regulations in the CH zor~ng district are. as follows:
(a) One on-premises pole sign or one on-premises ground sign per business per frontage is
permitted. Such signs shall be spaced a minimum of fifty feet along any street frontage.
In those instances where only a single business is conducted on the premises and the
premises has a frontage along any one street of 150 feet or more, it may have a maximum
of two ground or pole signs as otherwise permitted in this section on any such frontage
with a minimum spacing of 100 feet. If such sign is located in a required front yard, it
shall not exceed fifty square feet of area, and a pole sign shall have a maximum height of
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twenty-five feet, and a ground sign shall have a maximum height of eight feet. If such .
sign is located outside the required front yard, it may have a maximum area of 100 square
feet and a maximum height of fifty feet. If such sign is a combination of the
two signs of over 150 feet frontage, it maybe increased to 150 square feet in area and
forty-five feet in height; provided it is fifty feet from other premises.
(b) On-premises wall signs are permitted. The sign area of such wall signs per building
facade shall not exceed thirty percent coverage of the wall face, or a total of 500 square
feet,..whichever is_lesser.__Any_marquee_sign shallnot_exceed three_feet in height or the
height or vertical thickness of the marquee, whichever is greater. One pedestrian
marquee sign per entrance not exceeding one foot in height and six square feet in area is
permitted.
(c) Where more than one business is located on the lot, the on-premises signs permitted in
the required front yard, pursuant to (a) above maybe combined. If the combined sign is
located in a required front yard, it shall not exceed fifty square feet in area. If the
combined sign is a pole sign, it shall have a maximum height oftwenty-five feet, and if
the combined sign is a ground sign, it shall have a maximum height of eight feet.. If the
combined sign is located outside the required front yard, it may have a maximum area of
150 square feet. If the combined sign is a pole sign, it shall be spaced a minimum of
seventy-five feet from an adjoining premise.
(d) No off-premises signs are allowed.
(e) In lieu of sign permitted in subsection (a) above, one on-premises projecting sign is
permitted. Said projecting-sign may project from a building a maximum of six feet six
inches and may project into a required front yard, but it shall not extend above the roof
line or top of a cornice wall. Such sign shall have a minimum ground clearance of eight
feet above the walk or grade below and may project over the public right-of--way when
the building is erected adjacent to the front property line. The maximum area of such
sign shall be 100- square feet.
(f) One off-premises directional sign not to exceed thirty-two (32) square feet in area and
eight .(8) feet in height. This sign shall be located at least -150 feet from any other
authorized sign.
(g) City of Blair shall not allow signs along any State or Federal Aid Highways prior to the
applicant obtaining a pe? emit from the Nebraska Depart,nent of Roads.
1114.06 PERMITTED SIGNS IN THE CCB DISTRICT: The specific regulations in the CCB
zoning district are as follows:
(a) One on-premises pole sign for each business not to exceed 100 square feet in area nor
thirty-five feet in height is permitted. Where a premise has more than one street frontage,
one additional pole sign is permitted on the additional frontage under the same size and
heights as this section allows.
14~
(b) One on-premises ground sign for each business not to exceed 100 square feet in area nor
fifteen feet in height is permitted. Where a premise has more than one street frontage,
one additional on-premises ground sign is permitted on the additional frontage. In those
instances where a single business has a frontage along any one street of 150 feet or more,
it may have a maximum of two ground signs as otheryvise permitted inthis section on any
such frontage with a minimum spacing of 100 feet.
(c) In lieu of the signs permitted in subparagraphs (a) or (b) above, projecting signs maybe
substituted. Such prof ecting signs mayproj ect from the_building a maximum_of six_feet
six inches and shall not project above the roof line or top of a cornice wall. Such sign
may project over the public right-of--way when the building is erected adjacent to the
front property line. Such sign shall have a minimum clearance of eight feet above the
walk or grade below and a maximum area of 35 square feet.
(d) On-premises wall signs are permitted. The sign area of such walls signs per building
facades shall not exceed thirty percent coverage of the wall face or a total of 500 square
feet, whichever is lesser. Marquee signs shall not exceed three feet. in height or the
height or vertical thickness of the marquee, whichever is greater, except marquee signs
for theaters, which maybe up to four feet in height or the height or vertical thickness of
the marquee, whichever is greater. Those signs projecting above or below the marquee
shall be erected at a ninety degree angle to the building and shall project no more than six
feet six inches with a minimum clearance of eight feet above the cornice wall or roof of
the building. All such marquee signs below the marquee shall riot exceed twelve square
feet in area.
(e) City of Blair shall not allow signs along any State or Federal Aid Highways prior to the
applicant obtaining a permit from the Nebraska Department of Roads.
1114.07 PERMITTED SIGNS 1N A/ML AND A/MH DISTRICTS: The specific regulations in
the A/ML and A/MH zoning districts are as follows:
(a) One on-premises wall sign is permitted. The contents of the sign are to be limited to
..describing products or services sold or produced on the premises, or giving the riarne of
the establishment. The sign area of such wall signs per building shall not exceed thirty
percent coverage of the wall face or a total of 500 square feet, whichever is lesser.. Any
wall sign attached to the face of a marquee shall not exceed three feet in height or the
thickness of the marquee, whichever is greater. ,One pedestrian marquee sign per
entrance one foot in height and six square feet in area is allo~~,~ed.
(b) There may be one ground sign per frontage not exceeding 100 square feet in area or eight
feet in height, not located in the required side or rear yards. If located in the required
front yard, such ground signs shall not be located more than one-half of the distance into
said required front yard.
(c) In addition to the sign permitted in paragraphs (a) and (b) above, one on-premises pole
sign not exceeding fifty square feet in area and twenty-five feet in height is permitted.
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(d) When a building is more than 3 00 feet from inaj or street frontage, the permitted wall sign
may exceed the five hundred square feet limit if the resulting larger sign does not exceed
ten percent of the area of the wall in elevation view or 700 square feet.
(e} One directional sign not to exceed thirty-two (32) square feet in area and eight (8) feet in
height. This sign shall be located at least 150 feet from any other authorized sign.
(f) -City of Blair shall not allow signs along any State or Federal Aid Highways prior to the
_applicant_obtaining apermit from_the Nebraska Department of Roads._
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SECTION 1115 PERFORMANCE STANDARDS FOR INDUSTRIAL USES
These performance standards shall apply as minimum standards in those districts where compliance
with said standards is required.
1115.01 LIMITED INDUSTRIAL PERFORMANCE STANDARDS: To be apermitted industrial
use in ML Light Industrial and Manufacturing District, whether as a permitted use or~ as an
exception, such use must meet the following performance standards:
(1)_ Physical_Appearance:__All_operations_shall_be_carried_on within an_enclosed_building_except
that new materials or equipment in operable condition may be stored in the open. Normal daily
wastes of an inorganic nature maybe stored in containers not in a building when such containers
are not readily visible from the street.
(2) Fire Hazard: No operation shall involve the use of flammable gasses, acid, liquids, grinding
processes, or other inherent fire hazard, except that such operation shall be allowed for such
flammable gases, acids, liquids, grinding processes, or other inherent fire hazards if same are
contained, stored, utilized, processed, or restricted to a building or structure, or area or portion of
same that is so constructed as to be explosion proof. No part of this section shall be construed as to
prohibit the use of normal heating fuels, motor fuels, and welding gasses when handled in
accordance with other City regulations. Notwithstanding ,any other provision herein, such
flammable gasses, acids, liquids, and fuels maybe stored outside of an explosion proof building or
structure so long as they are not Located within 600 feet of a residential structure and further
providing same are stored in full compliance with all Nebraska State Fire Marshall Rules and
Regulations.
(3) Sewage and Liquid Wastes: No operation shall be carried on which involves the discharge into
a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid wastes of a
chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging
to sewer pipes and installations.
(4) Air Contaminants: Air contaminants and smoke shall be less dark than designated Number
One on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke
of a density designed as Number One shall be permitted for one (1) four (4) minute period in each
one-half (1/2) hour. Light colored contaminants of such an opacity as to obscure an observer's view
to a degree equal to or greater than the aforesaid shall not be permitted.
Particulate matter of dust as measured at the point of emission by any generally accepted method
shall not be emitted in excess oftwo-tenths (.2) grains per cubic foot as corrected to a temperature
of five hundred (500) degrees Fahrenheit, except for a period of four (4) minutes in any one-half
(1/2) hour, at which time it may equal but not exceed six-tenths (.6) grains per cubic foot as
corrected to a temperature of five hundred (500) degrees Fahrenheit.
Due to the fact that the possibilities of air contamiriation cannot reasonably be comprehensively
covered in this section there shall be applied the general rule that there shall not be discharged from
any sources whatsoever such quantities of air contaminants or other material in such quantity as to
cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the
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public iri general or to endanger the comfort, repose, health or safety of any such considerable
number of persons or to the public in general or to cause or have a natural tendency to cause injury or
damage to business, vegetation or property.
(5)~ Odor: The emissions of odors that are generally agreed to be.obnoxious to any considerable
number of persons, shall be prohibited. Observations of odor shall be made at the property line of
the establishment causing the odor. As a guide to classification of odor it shall be deemed that strong
odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with
baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the
meaning of this .Ordinance.
(6) Gasses: The gasses sulfur dioxide, hydrogen sulfide and carbon monoxide shall not exceed five
(5) parts per million. All nitrous fumes shall not exceed (1) part per million.. Measurements shall be
taken at the property line of the particular establishment involved.
(7) Vibration: All machines including punch presses and stamping machines shall be so mounted as
to minimize vibration and in no case shall such vibration exceed a displacement of three thousandths
(3/1000) of an inch measured at the property line.. The use of steam or broad hammers shall not be
permitted.
(8) Glare and Heat: All glare, such as welding arcs and open furnaces, shall be shielded so that they
shall not be visible from the property line. No heat from furnaces or processing equipment shall be
sensed at the property line to the extent of raising the temperature of air or materials more than five
(5) degrees Fahrenheit.
(9) A11 EPA and DEQ standards pertaining to noise shall be met.
1115.02 INDUSTRIAL PERFORMANCE STANDARDS: To be a permitted industrial use in the
HL Heavy Industrial and Manufacturing District, whether as a permitted use or an exception, such
use must meet the following performance standards;
(1) Appearance: Junk, salvage, auto wrecking and similar operations shall be shielded from view
from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring
fence in good repair, or two rows of alternate planted evergreen trees.
(2) Fire Hazard: All flammable substances involved in any activity established in the district shall
be handled in conformance with the Life Safety Code published by the National Fire Protection
Association.. All elements of SECTION 7 of the Blair Code shall be complied with.
(3) Sewage and Liquid Waste: No operation shall be carried on which involves the discharge into a
sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid waste of a
chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging
to sewer pipes and installations.
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(4) Air Contaminants: Air contaminants and smoke shall be less dark than designated Number One
on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a
density designated as Number Two shall be permitted for an aggregate ten (10) minute period in
each one-half (1/2) hour. Light colored contaminants of such opacity as to obscure an observer's
view to a degree equal to or greater than the aforesaid shall not be permitted. Particulate matter or
dust as measured at the point of emission by any generally accepted method shall not be emitted in
excess oftwo-tenths (.2) grains per cubic foot as corrected to a temperature of five hundred (500)
degrees Fahrenheit, except for a period of four (4) minutes in any one-half (1/2) hour, at which time
it may equal but not exceed six-tenths (.6) grains per cubic foot as corrected to a temperature of five
hundred..(500)_degrees_Fahrenheit. ____
Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this
section there shall be applied the general rule that there shall not be discharged from any source
whatsoever such quantities of air contaminants or other material in such quantity as to cause injury,
detriment, nuisance or annoyance to any considerable number of persons or to the public in general
or to endanger the comfort, repose, health or safety of any such considerable number of persons or
the general public or to cause or have a natural tendency to cause injury or damage to business,
vegetation or property.
(5) Odor: Odor causing operations shall be controlled so as to reduce escape of odors to the
minimum practical within the limits of technology and economics.
(6) Gasses: All noxious gasses shall be controlled to the extent that they will not be injurious to life
and property. The gasses sulfur dioxide and hydrogen sulfide shall not exceed five (5) parts per
million, carbon monoxide shall not exceedtwenty-five (25) parts per million, and nitrous fiunes shall
not exceed five (5) parts per million. All measurements shall be made at the property line.
(7) Vibration: All machines including punch presses and stamping machines shall be mounted so as
to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations
on nearby lots.
(8) All EPA and DEQ standards pertaining to noise shall be met.
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SECTION 1116 SPECIAL CONDITIONS AND REQUIREMENTS FOR RESIDENTIAL
CONDOMINIUMS.
1116.01 CONFLICTING REQUIREMENTS : The following conditions and requirements shall be
required for all residential condominiums and shall supersede any other requirements or conditions
directly in conflict with the following requirements.
1116.02 MINIMUM LOT AND HEIGHT REQUIREMENTS : All height and lot area requirements
in the primary zoning district shall apply except as follows when a conditional use permit is granted
for the placement of a residential condominium:
1. Lot area requirements shall be reduced by fifty (50) percent, and each lot owner shall receive
credit for his prorata share of common gromld.
2. Side yard and rear yard requirements shall be zero, but only in the event that such side or rear lot
line is abutted by an adjoining structure or is abutted by a common ground of a width or depth of at
least that required for a side yard or a rear yard in the primary zoning district.
11.16.03 OTHER APPLICABLE PROVISIONS:
1. A minimum of two (2) off-street parking spaces per dwelling unit shall be located on the same lot.
2. Any dwelling with a zero side yard or rear yard shall have no openings on that side abutting the
lot lines unless that side abuts common ground.
3. Only one (1) building for living purposes shall be permitted on a lot.
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SECTION 1117 MANUFACTURED HOMES
1117.01 MANUFACTURED HOMES STANDARDS: All manufactured homes located outside
mobile home parks shall meet the following standards:
(1) The home shall have no less than nine hundred (900) square feet of floor area.
(2) The home shall have no less than an eighteen (18) foot exterior width.
(3) The roof shall be pitched with a minimum_vertical rise of two_ and_one-half (2-1/2) inches-for
each twelve (12) inches of horizontal run.
(4) The exterior material shall be of a color, material and scale comparable with those existing in
residential site-built, single family constructiori:
(5) The home shall have anon-reflective roof material which is or simulates asphalt or wood
shingles, the or rock.
(6) The home shall have wheels, axles, transporting lights and removable towing apparatus
removed.
(7) Nothing in this Section shall be deemed to supersede any valid restrictive covenants of record.
(8) The home shall conform to all requirements of Ordinance numbers 1762 and 1766.
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ARTICLE 12: NONCONFORMANCE USES
SECTION 1201 INTENT
Within the zoning districts established by this Ordinance or amendments that may be adopted aaer,
there exists (1) lots, (2) structures, (3) uses of land and structures, and (4) characteristics of use
which were lawful before this Ordinance was passed or amended, but which would be prohibited,
regulated, or restricted under the terms of this Ordinance or future amendment, it is the intent of this
Ordinance to permit these non-conformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this Ordinance that non-conformities shall- not be enlarged
upon, expanded or extended,. nor be_ used as grounds for.. adding other. structures or uses prohibited
elsewhere in the same district.
Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the
zoning districts involved. Anon-conforming use of structure, anon-conforming use of land, or a
non-conforming use of structure and land in combination shall not be extended or enlarged after
passage of this Ordinance by attachment on a building or premises of additional signs intended to be
seen from off the premises, or by the addition of other uses, of a nature which would be prohibited
generally in the zoning district involved.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this Ordinance and upon which actual building
construction has been carried on diligently. Actual construction is hereby defined to include the
.placing of construction materials in permanent position and fastened in a permanent manner. Where
excavation or demolition or removal of an existing building has been substantially begun preparatory
to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
SECTION 1202 NON-CONFORMING LOTS OF RECOIL
In any zoning district in which single-family structures are permitted, asingle-family dwelling and
customary accessory buildings may be erected on any single lot of record at the effective date of
adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions
of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other
lots in the same ownership. This provision shall apply even though such lot fails to meet the
requirements for area or width or both that are generally applicable in the district, provided that yard
dimensions and requirements other than these applying to area or width, or both, of the lot, shall
conform to the zoning regulations for the district in which such lot is located. Variance .of yard
requirements shall be obtained only through action of the City Board of Zoning Adjus~ne_n_t.
If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of
the lots do not meet the requirements established for lot width and area, the land involved shall be
considered to be an undivided parcel for the purpose of this Ordinance and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with lot width and area requirements
established by this Ordinance, nor shall any division of any parcel be made which creates a lot with
width or area below the requirements stated in this Ordinance.
153
SECTION 1203 NON=CONFORMING USES OF LAND WITH MINOR STRUCTURES
ONLY
Where, at the time of passage of this Ordinance, lawful use of land exists which would not be
permitted by the zoning regulations imposed by this Ordinance, and where such use involved no
individual structure with a replacement cost exceeding one thousand dollars ($1,000), the use maybe
continued so long as it remains otherwise lawful, provided:
1. If any such non-conforming use of land ceases for any reason for a period of more than one (1)
year, any subsequent use of such land. shall. conform to the regulations. specified by this Ordinance for
the zoning district in which such land is located.
2. No additional structure not conforming to the requirements of this Ordinance shall be erected in
connection with such non-conforming use of land.
3 . Provided, however, that no such non-conforming use shall be allowed to continue longer than for
a period of five (5) years from the date of passage of this Ordinance. At the end of said five (5) year
period, such non-conforming use of land or land with minor structures shall be terminated.
Provided, however, all non-conforming signs, billboards, and junk yards shall be terminated, or
otherwise made to conform to the provisions of this Ordinance within two (2) years from the date of
passage of this Ordinance.
4. No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel
other than that occupied by such use at the effective date of adoption or amendment of this
Ordinance.
5. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area
of land than was occupied at the effective date of adoption or amendment of this Ordinance.
SECTION 1204 NON-CONFORMING STRUCTURES
Where a lawful structure exists at the effective date of adoption or amendment ofthis Ordinance that
could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage,
height, yards, its location on the lot, or other requirements concerning the structure, such structure
maybe continued so long as it remains otherwise lawful, subject to the following provisions:
1. No such non-conforming structure may be enlarged or altered in a way which increases its
non-conformity, but any structure or portion thereof maybe altered to decrease its non-conformity.
2. Should such non-conforming structure or non-conforming portion of structure be destroyed by
any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction,
it shall not be reconstructed except in conformity with provisions of this Ordinance.
3. Should such structure be moved for any reason _for any distance whatever, it shall thereafter
conform to the regulations for the district in which it is located after it is moved.
154
4. Provided, however, that except for single-family and multi-family dwellings and their accessory
uses, no non-conforming structure shall be allowed to continue longer than for a reasonable
amortization period of the. non-conforming structure. For the purposes of this section, a reasonable
amortization period shall be defined as a period of thirty (3.0) years from the date of adoption of this
Ordinance. Following the conclusion of the amortization period, such non-conforming structure
shall be removed or brought into conformance.
5. ,Provided, however, that no non-conforming mobile home structure which is not placed on a
permanent foundation at the effective date of adoption or amendment of this Ordinance shall be
allowed to continue longer_ han _for a _reasonable amortization__period__of the__non-conforming
structure. No mobile non-conforming home structure which occupies a lot upon which there exists
another principal structure shall be allowed to continue longer than for a reasonable amortization
period of the non-conforming structure. For the purpose of this section, a reasonable amortization of
ten (10) years from the date of adoption of this Ordinance. Following the conclusion of the
otherwise lawful period, it is provided:
a. If any such non-conforming use of land ceases for any reason for a period of more than one
amortization period, such non-conforming structure shall be removed or otherwise brought into
conformance.
SECTION 1205 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES
AND PREMISES IN COMBINATION
If lawful use involving individual structures with .a replacement cost of one thousand dollars
($1,000), or more, or of structures and premises in combination, exists at the effective date of
adoption or amendment of this Ordinance, that would not be allowed in the zoning districts under the
terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
1. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except
in changing the use of the structure to a use permitted in the zoning district in which it is located.
2. Any non-conforming use may be extended throughout any parts of a building or area which were
manifestly arranged or designed for such use at the time of adoption or amendment of this
Ordinance, but no such use shall be extended to occupy any land-outside such building or area.
3. If no structural alterations are made; any non-conforming use of a structure, or structure and
premises, may as an exception, be changed to another no_n_-conforming use provided that the City
Planning Commission or the City Council either by general rule or by making fmdings in the specific
case, shall find that the proposed use is equally appropriate or more appropriate to the zoning district
than the existing non-conforming use. In permitting such damage, the City Planning Commission or
the City Council may require appropriate conditions and safeguards in accord with the provisions of
the Ordinance.
155
4. Any structure, or structure and land in combination, in or on which anon-conforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the zoning district and
the non-conforming use may not thereafter be resumed.
5. When anon-conforming use of a structure, or structure and premises in combination, is
discontinued or abandoned for twelve (12) consecutive months except when government action
impedes access to the premises, the structure, or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the zoning district in which it is
located.
6. Where non-conforming use status applies to a structure and premises in combination, removal or
destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the
purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the
replacement cost at time of destruction.
7. Provided, however, no such non-cor~forrrling use of a structure or structure arid premises in
combination shall be allowed to continue longer than for a period of thirty (30) years from the date of
passage of this Ordinance or at the end of said thirty (3 0) year period, such non-conforming use of a
structure and premises in combination shall be terniinated.
SECTION 1206 REPAIRS AND MAINTENANCE
On any non-conforming structure or portion of a structure containing anon-conforming use, work
may be done if any period of twelve (12) consecutive months on ordinary repairs, or on repair or
replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding
twenty-five (25) percent of the current replacement cost of the .non-conforming structure or
non-conforming portion of the structure as the case maybe, provided that the cubic content existing
when it became non-conforming shall not be increased.
If anon-conforming structure or portion of a structure containing anon-conforming use becomes
physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by reason ofphysical condition,. it shall not thereafter be
restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is
located.
SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS NOT NON-CONFORMING
USES
Any use which is permitted as a conditional use or exception in a zoning district under the terms of
this Ordinance, shall not bedeemed anon-conforming use in such zoning district, but shall, without
action, be considered a conforming use.
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SECTION 1208 NONCONFORMING USES, LIMITED EXTENSION OF NONPERMA-
NENT NATURES.
Notwithstanding any other provisions of Article 12, the City Council may by a nonconforming use
permit, after public hearing and referral to a recommendation from the Planning Commission,
authorize and permit an extension of a nonconforming use where the following conditions and
criteria are met.
1. Such extension must be temporary in nature and maybe removed or discontinued without any
alteration.. of the__premses, and that. no permanent improvements are made to or placed on the
premises except as are allowable as a permitted use within the existing district designation.
2: No structure as defined by the municipal building code may be constructed except as is allowable-
- as a permitted use within the existing district designation.
3 . Any such temporary extension shall be on the same terms and conditions as the nonconforming
uses. Any temporary extension permit shall terminate at the earlier of the termination of the original
nonconforming use or a time period specified in the terms of the permit. The applicants shall enter
into a written agreement acknowledging all conditions and terms of the permit. The agreement shall
be binding upon the heirs, personal representatives, successors, grantees, and assigns of the
applicant.
4. The City Council may also subject such extension to any and all other conditions as may be
necessary considering the location and characteristics ofthe use and shall not grant such extension if
it is detrimental to the health, safety, morals, and general welfare of the area.
5. The extension of the- nonconforming use shall be for no other use other than as the original
nonconforming use.
6. All other conditions and requirements of the current zoning regulations must be complied with
and met in their entirety.
7. The use may not be extended to lands or premises outside of the boundary of the tract which
existed for the nonconforming use at the time such use became nonconforming.
SECTION 1208.01 APPLICATION REQUIREMENT. A request for such nonconforming use
permit maybe initiated by the property owner or his attorney by filing an application with the City
Administrator upon forms prescribed for the purpose. The application and procedure for hearing
same shall be the same as set forth under Article 16 of the Zoning Regulations. The application shall
pay and the application must be accompanied by anon-refundable application fee. Said fee shall be
set and determined from time to time as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license,
and application fees.
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ARTICLE 13. CITY BOARD OF ZONING ADJUSTMENT
SECTION 1301 CREATION, TERMS, MEETING, AND RULES
All requirements of Chapter 2-3 of the Blair City Code shall be satisfied.
SECTION 1302 ADDITIONAL REQUIREMENTS
In addition to the immediately above, the following shall be included as requirements, administrative
duties and conditions of the City Board of Zoning Adjustments.
1302.01 REQUIREMENT FOR WRITTEN APPLICATION AND CONDITIONS: A variance
from the terms of this Ordinance shall not be granted by the City Board of Zoning Adjustment unless
and until a written application for a variance is submitted demonstrating that special conditions and
circumstances exist which are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures, or buildings in the same district; that literal interpretation of the
provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of this Ordinance; that the special conditions and
circumstances do not result from the actions of the applicant; and that granting the variance
requested will not confer on the applicant any special privilege that is denied by this Ordinance to
other land, structures, or buildings in the same district..
1302.02 EFFECT OF NON-CONFORMANCE: No non-conforming use of neighboring lands,
structures, or buildings in the same district, and no permitted or non-conforming use of lands,
structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
1302.03 PUBLIC HEARING AND FINDINGS OF THE BOARD: The City Board of Adjustment.
shall hear and determine appeals from or other matters referred to it regarding the application of this
Ordinance. The Board shall fix a reasonable time for the hearing of an appeal or any other matter
referred to it. Notice of the time, place and subject of such hearing shall be published once in the
official City newspaper at least ten (10) days prior to the date fixed for the hearing. A copy of said
notice shall be rriailed to the applicant, all owners of land within 3 00 feet of the property in question
and to the City Board of Adjustment. Any party may appear in person or by agent or by attorney; the
City Board of Adjustment shall make findings that the requirements of this section have been met by
the application for a variance; the Board shall further make a finding that the reasons set forth in the
application justify the granting of the variance and that the variance is the minimum variance that
will make possible the reasonable use of the land; building, or structure; the Board shall fiu-ther make
a finding that the granting of the variance shall be in harmony with the general purpose and intent of
this Ordinance. and will not be injurious to the neighborhood, or otherwise detrimental to the public
welfare. ,
1302.04 CONDITIONS IMPOSED: In granting any variance, the City Board of Adjustment may
prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of
such conditions and safeguards, when made a part of the terms under which the Variance is granted
is punishable under SECTION 1702 of this Ordinance.
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1302.05 USE VARIANCES: Under no circumstances shall the City Board of Zoning Adjustment
grant a variance to allow a use not permissible under the terms of this Ordinance in the district
involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said
district.
13 02.06 APPLICATION REQUIREMENTS : An application for a variance shall be in writing and
made upon forms supplied by the City for such purpose. The application shall be accompanied by a
scale drawing of the area for which the variance is requested, together with the dimension thereof, lot
or boundary locations the location of all existing and proposed improvements or structures. Said fee
shallbe set and determined from time to time as deemed necessary by the_Mayor and City_Council by
resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license,
and application fees.
Written notices shall be mailed to all owners of land within three hundred (300) feet of the property.
Such land owners shall have ten days from the date of notification to notify the City Administrator of
any protests which they may have concerning the application.
A "Variance Action Pending" sign will be posted on the front yard of the property under
consideration for a variance at least ten (10) days prior to the public hearings of the Planning
Commission and City Council.
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ARTICLE 14. CONDITIONAL USES PERNIITTED BY SPECIAL REVIEW
SECTION 1401 GENERAL POWERS
The City Council may by conditional use permit after a Public Hearing and referral to a
recommendation from the Planning Comnssion, authorize and permit conditional uses that are
designated in the district use regulations if it is found that the location and characteristics of the use
will not be detrimental to the health, safety, morals, and general welfare of the area.
-Allowable conditional usesmay bepermitted;-enlarged,: or altered uponapplicationfor a conditional
use permit in accordance with the rules and procedures of this Ordinance. The City Council may
grant or deny a conditional use permit in accordance with the intent and purpose of this Ordinance.
In granting a conditional use permit, the City Council will authorize (imitations and shall prescribe
and impose appropriate conditions, safeguards, and a specified time limit for the performance ofthe
conditional use permit.
Any conditional use permit granted pursuant to the provisions for this Article 14 shall run with the
land subj ect only to satisfactory compliance with the conditions, safeguards and specified time limit
required under the conditional use permit, as established by the Mayor and City Council. A
conditional use permit shall not terminate merely because the conditional use permit applicant sells,
transfers, conveys or assigns, voluntarily or involuntarily, its interest in the property subj ect to the
conditional use permit.
SECTION 1402 APPLICATION REQUIREMENTS
A request for a conditional use permit may be initiated by a property owner or his attorney by filing
an application with the City Administrator upon forms prescribed for the purpose. The application
shall be accompanied by drawings or a site plan and other such plans and data showing the
dimensions, arrangements, description data, and other materials constituting a record essential to an
understanding of the proposed use in relation to the provisions set forth herein. The applicant shall
submit and the application must be accompanied with anon-refundable application fee. Said fee
shall be set and determined from time to time as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license,
and application fees.
Written notices shall be given to all owners of land within three hundred (3 00) feet of the property.
Such land owners shall have ten days from the date of notification to notify the City Administrator of
any protests which they may have concerning the application.
A "Conditional Use Action Pending" sign will be posted on the front yard of the property under
consideration for a conditional use permit at least ten (10) days prior to the public hearings of the
Planning Commission and City Council.
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SECTION 1403 RULES GOVERNING EXCEPTIONS
The Planning Commission shall put its findings and recommendations in writing which state the
extent of compliance with the specific rules governing individual exceptions and the extent that
satisfactory provision and arrangement have been made concerning the following, where applicable,
and submit them to the City Council:
SECTION 1403.01 ACCESS ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and convenience, traffic flow and control,
.............and.access in case_of fire_or catastrophe;
SECTION 1403.02 PARKING off-street parking and loading areas where required, with particular
attention to the items in (1) above and the noise, glare, odor or economic effects of the exception on
adjoining properties and properties generally in the district;
S.ECTiON 1403.03 SERVICE refuse and service areas, with particular reference to the items in (1)
and (2) above;
SECTION 1403.04 UTILITIES, with reference to location, availability, and.compatibility;
SECTION 1403.05 SCREENING and buffering with reference to type, dimensions, and character;
SECTION 1403.06 SIGNS, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in the district;
SECTION 1403.07 YARDS required yards and other open space;
SECTION 1403.08 COMPATIBILITY general compatibility with adjacent properties and other
property in the district. -
SECTION 1403.09 UNLESS SPECIFICALLY WANED by the City Council, all rules,
regulations, and requirements of each respective zoning district shall apply.
SECTION 1404 CIT`E' COUNCIL PUBLIC HEARING, CONSII3ERATION ANI;
PROCEDURE
Before issuance. of any conditional use permit, the City Council will consider the application for the
conditional use permit together with the recommendations of the Planning Commission at a public
hea~ng held within thirty (30) days or a reasonable time after the filing of the application and after
prior notice of the time, place, and purpose of the hearing has been given by publication in a legal
paper of general circulation in the City of Blair, one time at least ten (10) days prior to such hearing.
The concurring vote of three fourths of the members of the City Council shall be necessary to grant a
conditional use permit.
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SECTION 1405 EXPIRATION OF CONDITIONAL USE PERMITS
No order of the City Council granting a conditional use permit shall be valid for a period longer than
twelve months from the date of such order, unless the City Council specifically grants a longer
period of time upon the recommendation of the City Planning Commission.
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ARTICLE 15. ADMINISTRATIVE PROCEDURE AND ENFORCEMENT
SECTION 1501 DUTIES OF ADMINISTRATIVE OFFICIAL, BOARD OF ZONING
ADJUSTMENT, AND COURTS ON MATTERS OF APPEAL
An administrative official, who shall be known as the Zoning Administrator and who shall be
designated by the City Council, shall administer and enforce this Ordinance. He may be provided
with the assistance of such other persons as the City Council may direct.
If the Zoning Administrator shall find that any of the provisions of this Ordinance are being violated,
he shall notify in writing the person responsible for such violations, indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions,
alterations, or structural changes; discontinuance of any illegal work being done; or shall take any
other action authorized by this Ordinance to insure compliance with or to prevent violation of its
provisions.
SECTION 1503 BUILDING PERMITS REQUIRED
A11 requirements of Section 9-104 through 9-10$ of the Blair City Code shall be satisfied.
SECTION 1504 APPLICATION FOR BUILDING PERMIT
In addition to all requirements of Section 9-106 through 9-108 of the Blair City Code, all
applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing
the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of
buildings already existing, if any; and the location and dimensions of the proposed building or
alteration.
The application shall include such other information as lawfully may be required. by the Zoning
Administrator, including existing or proposed. building or alterations; existing or proposed uses of
the building and land; the number of families,. housekeeping units, or rental units the building is.
designated to accommodate; conditions existing on the lot; and such other matters as may be
necessary to determine conformance with, and provide for the enforcement of t'~is Ordinance.
One copy of the plans shall be returned to the applicant by the_Zoning Administrator after he shall
have marked such copy either as approved or disapproved and attested to same by his signature on
such copy. If a building permit is refused, the Zoning Administrator shall state the reasons for such
refusal in writing. The original and o_n_e copy of the plans, similarly marked, shall be retained by the
Zoning Administrator. The issuance of a building permit, shall, in no case, be construed as waiving
any provisions of this Ordinance.
SECTION 1505 Revoked in its entirety on January 22, 2002-Ordinance No. 1940.
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SEC'T'ION 1506 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS,
PLANS, PERMITS, AND CERTIFICATE OF ZONING COMPLIANCE
Building permits issued on the basis of plans and applications approved by the Zoning Administrator
authorize only the use; arrangement and construction set forth in such approved plans and
applications, and no other use, arrangement or construction. Use, arrangement or construction at
variance with that authorized shall be deemed a violation of this Ordinance, and punishable as
provided by SECTION 1702 hereof. _
............SECTION 1507...NEW_BUILDINGS ON_UNAPPROVED_STREETS____
No building permit shall be issued for, or no building shall be erected on any lot within the
jurisdiction of this Ordinance unless the street giving access to the lot upon which said building is
proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal
status of, a public street prior to that time, or unless such street corresponds in its location and lines
with a street shown ors a subdivision plat approved by the City Council. Any building erected in
violation of this section shall be deemed an unlawful structure and the City may bring action to
enjoin such erection or cause it to be vacated or removed.
01 /2002
164
ARTICLE 16. AMENDMENT
SECTION 1601 GENERAL
The City Council may from time to time supplement, change or generally revise the boundaries or
regulations contained in this Ordinance by amendment. A proposal for such amendment may be
initiated by the City Council, Planning Commission or upon application of the owner of the property
affected. The applicant shall pay and the application must be accompanied by anon-refundable
application fee. Said fee shall be set and determined from time to time as deemed necessary by the
Mayor and City Council by resolution, and shall be appended. to the Municipal Code as part of an
appendix for permit, license, and application fees.
Any revisions of boundaries, changes in zoning or appending of special districts shall be allowed
only to entire and complete lots or tracts of land and shall not be granted to partial or portions of lots
and tracts of land:
SECTION 1602 SUBMISSION TO PLANNING COMMISSION
All such proposed amendments shall first be submitted to the Planning Commission for
recommendation and report. Upon the development of tentative recommendations, the Planning
Commission shall hold a public hearing thereon and shall cause an accurate written summary to be
made of the proceedings; and shall give notice in like manner as that required for the original zoning
recommendations. Such notice shall fix the time and place for such hearing and contain a statement
regarding the proposed changes in regulations or restrictions or in the boundary of any district.
If such proposed amendment is not a general revision of an existing provision of this Ordinance and
will affect specific property, it shall be designated by legal description and general street location and
in addition to such publication notice, written notice of such proposed amendment shall be mailed to
all owners of lands located within three hundred (3 00) feet of the area proposed to be altered and an
opportunity granted to interested parties to be heard.
Written notices shall be mailed to all owners of land within three hundred (3 00) feet of the property.
Adjacent land owners shall have ten days from the date of notification to notify the City
Administrator of any protests which they may have concerning the application.
A "Zoning Action Pending" sign will be posted. on the front yard of the property under consideration
for a zoning change at least ten (10) days prior to the public hearings of the Planning Commission
and City Council. Failure to receive such notice shall not invalidate any subsequent action taken.
Such ,notice shall be considered sufficient to permit the Planning Commission to recommend
amendments to regulations which affect only a portion of the land described in the notice or which
give all or any part of land described a zoning classification of lesser change than that set forth in the
notice; provided, that recommending a zoning classification of a greater change than that set forth in
the notice shall not be valid without republication and, where necessary, remailing.
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SECTION 1603 AMENDMENT CONSIDERATION AND ADOPTION
The procedure for the consideration and adoption of any such proposed amendments shall be in like
manner as that required for the consideration and adoption of this Ordinance except hereinbefore or
hereinafter modified. For action on zoning. amendments, a quorum of the Planning Commission is
more than one-half (1/2) of all members. A vote either for or against an amendment by a maj ority of
all the Planning Commission is more than one-half (1/2) of all the members. A vote either for or
against an amendment by a maj ority of all the Planning Commission members present constitutes a
recommendation of the commission; whereas a vote either for or against an amendment by less than
a majority of the Planning Commission present constitutes a failure to recommend.
When the Planning Commission submits a recommendation of approval or disapproval of such
amendment, the Cit;~ Council, if it approves such recommendation, may either adopt such
recommendation by Ordinance or take no further action thereon as appropriate. In the event the
Planning Commission submits a failure to recommend, the City Council may take such action as it
deems appropriate. If such amendment shall affect the boundaries of any district, the Ordinance shall
define the change or the boundary as amended, shall order the Official Zoning Map to be changed to
reflect such amendment and shall amend the section of the Ordinance incorporating the same and
reincorporate such Map as amended.
SECTION 1604 PROTEST
Regardless of whether or not the Planning Commission approves or disapproves a proposed zoning
amendment or fails to recommend, if a protest against such amendment be filed in the office of the
City Clerk prior fo hearing thereon before the City Council, duly signed and acknowledged by the
owners of twenty percent (20%) or more of any real property proposed to be rezoned or by the
owners of twenty percent (20%) of the total area excepting public streets and ways, located within or
without the corporate limits of the municipality and located within three hundred (300) feet of
boundaries of the property proposed to be rezoned, the Ordinance adopting such amendment shall
not be passed except by at least three-fourths (3/4) vote of all members of the City Council.
166
ARTICLE 17. COMPLAINTS, PENALTIES, REMEDIES
SECTION 1701 COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a
written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the
Zoning Administrator. He will immediately investigate, and take action thereon as provided by this
Ordinance.
SECTION 1702 PENALTIES
The owner, lessee, or agent of a building or premises in or upon which a violation of any provisions
of this Ordinance has been committed or shall exist or lessee or tenant of are entire building or entire
premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed one hundred dollars ($100) for any one offense recoverable with
costs. Each and every day that such violation continues after notification shall constitute a separate
offense. Any architect, builder, contractor, agent or other person who commits, participates in, assists
in or maintains such violation may each be found guilty of a separate offense and suffer the penalties
herein provided.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary
to prevent or remedy any violation.
SECTION 1703 REMEDIES
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted,
or maintained or any building, structure or land is used in violation of this Ordinance the appropriate
authorities of the City may institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, canversion, maintenance or use; to restrain,
correct or abate such violation; to prevent the occupancy of said building, structure or land; or to
prevent any illegal act, conduct, business or use in or about such premises.
167
ARTICLE 18 LEGAL STATUS PROVISIONS
SECTION 1801 SEPARABILITY
Should any article, section or provisions of this Ordinance be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or
. any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 1802 PURPOSE OF CATCH HEADS
The catch heads appearing in connection with the foregoing sections are inserted simply for
convenience, to serve the purpose of an index and they shall be wholly disregarded by any person,
officer, court or other tribunal in construing the terms and provisions of this Ordinance.
SECTION 1803 REPEAL OF CONFLICTING ORDINANCES
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the
extent necessary to give this Ordinance full force and effect.
SECTION 1804 EFFECTIVE DATE
This Ordinance shall take effect and be in force from and after its _passage and publication in
pamphlet form as provided by law.
Passed and approved this 13th day of May, 1997
Mayor Michael A. Mines
ATTEST:
Alice I. Diedrichsen, City Clerk
168
City of Blair
l~ashington County, Nebraska
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