2150ORDINANCE NO. 2150
COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR ZONING ORDINANCE SECTIONS
702, 703, 704 AND 705 REVISING AND CLARIFYING SETBACK REQUIREMENTS FOR
PRIMARY AND ACCESSORY STRUCTURES IN RL, RM, RML AND RMH DISTRICTS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN
THIS ORDINANCE SHALL BE IN FORCE AND EFFECT; AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1 Section 702.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RL - 702.08 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 -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.
a. On the street side of a corner lot, side yards shall not be less than twenty -five (25)
feet. For lots platted prior to July 1, 1994, side yards shall not be less than twelve and
one -half (12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
c. Attached garages or carports fronting on the side yard of a corner lot platted prior to
July 1, 1994 shall be set back a minimum of twenty (20) feet from the sidewalk, or
twenty (20) feet from the property line if no sidewalk exists, 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.
d. 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) Distance between structures: The minimum distances between a single - family dwelling 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
a. 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.
b. No building shall be located within any easement or right -of -way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be set
back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from the
property line if no sidewalk exists, 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) Front Yard — Lots of less than forty -five thousand (45,000) square feet shall have no
accessory buildings located between the front building line of the principle building
and the front property line. Lots of forty -five thousand (45,000) square feet or
greater may have accessory buildings located between the front building line of the
principle building and the front property line only upon the approval of a
conditional use permit, provided said accessory buildings meet front yard setback
requirements. The conditional use permit may include but not be limited to
requirements for additional set back, landscaping, screening, etc. The conditional
use shall last through the legal existence of the primary use.
(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.
SECTION 2 Section 703.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RM - 703.08 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 -five (25) feet from the property line.
(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. On the street side of a corner lot, side yards shall not be less than twenty -five (25)
feet. For lots platted prior to July 1, 1994, side yards shall not be less than twelve and
one -half (12.5) feet.
b. A side yard providing access to more than one dwelling unit shall not be less than ten
(10) feet.
c. Attached garages or carports fronting on the side yard of a corner lot platted prior to
July 1, 1994 shall be set back a minimum of twenty (20) feet from the sidewalk, or
twenty (20) feet from the property line if no sidewalk exists, 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.
d. 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) 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 —
a. 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.
b. No building shall be located within any easement or right -of -way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be
set back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet
from the property line if no sidewalk exists, 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) 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.
SECTION 3 Section 704.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
RML - 704.08 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.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure 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)
(5)
Side yards: The minimum side yard of a principal structure 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. A side 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 e7 de h^hod garages or carports fronting on the side yard of a corner lot shall
be set back a minimum of twenty (20) feet from the prepe'ty lino sidewalk, or twenty
(20) feet from the property line if no sidewalk exists, 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.
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 or town houses.
(4) Distance between structures: The minimum distances between a residential structure and
another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall not
be considered a separate structure for the purpose of this section.
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard -
a. 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.
b. No building shall be located within any easement or right -of -way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be
set back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet
from the property line if no sidewalk exists, 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) Front Yard - No accessory building shall be located between the front
building line of the principle building and the front property line.
SECTION 4 Section 705.08 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
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 (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 fifteen
(15) feet from the property line.
(2) Rear yard: The minimum rear yard of a principal structure shall be ten (10) feet, provided,
however, if the principal structure 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 principal structure 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. A side 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 garages or carports fronting on the side yard of a corner lot shall be set back
a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet from the
property line if no sidewalk exists, 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.
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 or town houses.
(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)
(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.
YARD REQUIREMENTS FOR ACCESSORY BUILDINGS:
(A) Side yard —
a. 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.
b. No building shall be located within any easement or right -of -way
c. Accessory buildings or carports fronting on the side yard of a corner lot shall be
set back a minimum of twenty (20) feet from the sidewalk, or twenty (20) feet
from the property line if no sidewalk exists, 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) 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.
SECTION 5 All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6 This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
ATTEST:
PASSED AND APPROVED this 9th day of DECEMBER, 2008.
hika,
BI NDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and forgoing Ordinance was
passed and approved at a regular meeting of the Mayor and City Council of said City held on the
9th day of December, 2008.
BRENDA R. WHEELER, CITY CLERK