2168COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR ZONING ORDINANCE AS FOLLOWS:
1) SECTION 1111.04 REVISING MINIMUM OFF - STREET PARKING AND LOADING
REQUIREMENTS; 2) SECTION 1102 FENCES, WALLS AND HEDGES; 3) SECTION 303.01
DEFINITIONS (64) FARMHAND; 4) SECTION 1114.05(c) SIGNS IN A /CH —
AGRICULTURAL/HIGHWAY COMMERCIAL, AND ADDING 5) SECTION 1006 SMI
SPECIAL MIXED USE INDUSTRIAL DISTRICT; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FORCE
AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1 Section 1111 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
1111.04 SCHEDULE OF MINIMUM OFF - STREET PARKING AND LOADING
REQUIREMENTS:
Structures and Uses
Auto Repair Garage
ORDINANCE NO. 2168
Minimum Off - Street
Parking Regulations
Minimum Off - Street
Loading Requirements
1 space per 500 sq. ft. of gross 1 space per establishment
floor area
Bowling Alleys 4 spaces per alley 1 space per establishment
Car and Truck Sales 1 space per 500 sq. ft. of gross 1 space per establishment
floor area
Educational Uses, Nursery and Parking spaces equal to 20% 2 spaces per structure
Primary of capacity in students
Educational Uses, All Others Parking spaces equal to 40% 2 spaces per structure
of capacity in students
Funeral Homes and Chapels 8 spaces per reposing room 2 spaces per establishment
Hospitals 1 space per 2 beds 3 spaces per structure
Hotels 1 space per 2 rental units 1 space per establishment
Industrial Uses 1 space per 2 employees on 2 spaces per establishment
largest shift
Libraries 1 space per 500 sq. ft. on floor 1 space per structure
area
Lodging and Boarding Houses
Medical Clinics
Mobile Home Park
Motels
Offices and Office Buildings
Private Clubs and Lodges
Residential Structures
(multi- family)
Residential Structures (multi-
family), occupants are 65
years of age and older
(* Enclosed parking garages are
Residential Structures (two -
family)
Residential Structures
(single - family)
Residential Structures
(attached single- family)
Retail Sales Establishments
Roadside Stands
Sanitariums, Convalescent,
and Rest Homes Services
Service Establishments
Theaters, Auditoriums and
Places of Assembly
Veterinary Establishments
Wholesaling and Distributing
Operations
1 space per 2 rental units
5 spaces per staff doctor or
dentist
2 spaces per dwelling unit
1 space per rental unit
1 space per 200 300 sq. ft. of
gross floor area
1 space per 500 sq. ft. of floor
area
2 spaces per dwelling unit *
1 1 /2 spaces per dwelling unit *
not counted as parking spaces)
2 spaces per dwelling unit
2 spaces per dwelling unit
2 spaces per dwelling unit
1 space per 200 sq. ft. of gross
floor area
4 spaces per establishment
1 space per 3 beds, plus 1
space per employee on the
largest shift
1 space per 200 sq. ft. of gross
floor area
1 space per 5 people in
designed capacity
3 spaces per staff doctor
1 space per 2 employees on
largest shift
None required
None required
None required
None required
None required
1 space per establishment
None required
None required
None required
None required
None required
1 space per establishment
None required
1 space per establishment
1 space per establishment
1 space per establishment
None required
2 spaces per establishment
SECTION 2 Section 1102 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
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 property 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 3 %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 of fences shall include chain link fencing, wood fencing (including split
rail and split rail with plastic coated wire backing), wrought iron, plastic, vinyl Of and
other ornamental fencing or masonry (see Item #6).
6) Applicants for masonry fences must first locate the property pins or have a licensed
surveyor locate or set the property pins to confirm the location of the property lines. The
side of concrete fences facing any adjoining property or right of way must be brick or
stone textured.
7) 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.
8) All fences shall conform to the construction standards of the building code and other
ordinances.
9) 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.
10) 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.
11) 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.
12) All fence posts shall be made of wood, wrought iron, plastic, vinyl, ornamental fencing
and masonry or of similar material as the remainder of the fence.
Notwithstanding the above, any real estate located outside the corporate limits of the City of Blair
and which is included in the General Agricultural Zoning District or the Rural Residential Estate
Zoning District shall be exempt from the fence, wall and hedge requirements set forth hereinabove in
this Section.
SECTION 3 Section 1114.05 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
1114.05 PERMITTED SIGNS ACH AGRICULTURAL/HIGHWAY COMMERCIAL
DISTRICT: The specific regulations in the CH zoning district are as follows:
(a) For lots with highway frontage, one on- premises pole sign or one on- premises ground
sign per buildable lot per frontage is permitted. Such sign shall be spaced a minimum of
fifty feet from any other pole or ground sign on the same or adjacent property. Maximum
size for a pole sign shall be the frontage length of the building x 1.6, not to exceed 200
square feet. Maximum size for a ground sign shall be the frontage length of the building
x 0.9, not to exceed 100 square feet. A pole sign shall have a maximum height of twenty -
five (25) feet and a ground sign shall have a maximum height of ten (10) feet. Lots with
more than one street frontage may consolidate the per frontage signs into one pole or
ground sign, not to exceed the maximum size limits stated above.
(b) For lots without highway frontage, one on- premises ground sign per buildable lot per
frontage is permitted. Such sign shall be spaced a minimum of fifty feet from any other
pole or ground sign on the same or adjacent property. Maximum size for a ground sign
shall be the frontage length of the building x 0.9, not to exceed 100 square feet. A ground
sign shall have a maximum height of ten (10) feet.
(c) In lieu of the signs permitted in (a) or (b) above, any commercial subdivision with
frontage along a highway and that consists of at least two (2) buildable lots may place
one center identification sign per commercial entrance within the boundaries of the
subdivision. Center identification signs may only be located along highway frontage. For
subdivisions smaller than five (5) acres the maximum size shall be 200 square feet and
the maximum height shall be 20 feet. For subdivisions five (5) acres or larger the
maximum size shall be 300 square feet and the maximum height shall be 25 feet. No
center identification sign shall be within 350 feet of any other center identification sign or
within 150 feet of any other pole or ground sign on the same or adjacent property. In
addition, retail lots with highway frontage may have one uniformly designed on- premises
ground sign per buildable lot. Such sign shall be located along the highway frontage and
shall be spaced a minimum of fifty feet from any other pole or ground sign on the same
or adjacent property. Maximum size shall not exceed 60 square feet, with a maximum
height of five (5) feet.
(d) 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 shall not 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.
(e) No off - premises signs are allowed.
(f)
(g)
In lieu of signs permitted in subsection (a) and (b) above, one on- premise 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 50 square feet.
One temporary sign per premise for grand openings or other special events for a
maximum of 15 days in a six (6) month period.
(h) Any permit granted by the City of Blair for a sign to be located along a State or Federal
Aid Highway is also subject to compliance with applicable sign regulations of the
Nebraska Department of Roads.
SECTION 4 Section 303.01 of the Blair Zoning Regulations of Blair, Nebraska is hereby
amended as follows, to wit:
SECTION 303 DEFINITIONS
303.01 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:
(64) FARMHAND: Any person who is employed full -time as an agricultural worker. Required
documentation for proof of full -time employment as a farmhand shall be a notarized letter from a
Certificated Public Accountant or a licensed attorney indicating the farmhand's annual income from
the farm of residence to be at least 80% of the farmhand's total gross annual earnings.
SECTION 5 Section 1006 of the Blair Zoning Regulations of Blair, Nebraska is hereby
added as follows, to wit:
SECTION 1006 SMI SPECIAL MIXED USE INDUSTRIAL DISTRICT
1006.01 INTENT: The Special Mixed Use Industrial District (SMI) is an overlay district intended
to accommodate unique land use and other distinctive characteristics of the older established
industrial area north of the railroad tracks in the central part of Blair. The SMI district, used in
combination with the base A/ML — Agricultural /Light Industrial and Manufacturing District, allows
variations in permitted uses and site development regulations that are adapted to the needs of this
special area.
1006.02 PERMITTED PRINCIPAL USES AND STRUCTURES: Uses and structures permitted
under the provisions of the regulations of the Parent A/ML District of which this district is made a
part shall be permitted.
1006.03 PERMITTED ACCESSORY USES AND STRUCTURES: Accessory uses and structures
permitted under the provisions of the regulations of the Parent A /ML District of which this district is
made a part and those normally appurtenant to the uses and structures permitted as exceptions shall
be permitted.
1006.04 EXCEPTIONS: Exceptions permitted under the provisions of the regulations of the Parent
A/ML District of which this district is made a part shall be permitted, along with the following
additional exceptions:
(1) Any principal permitted use or excepted use allowed in the CCB — Central Business
District (Sections 801.02 and 801.04).
(2) Any principal permitted use or excepted use allowed in the A /CH —
Agricultural/Commercial Highway District (Sections 802.02 and 802.04).
1006.05 CONDITIONS FOR GRANTING EXCEPTIONS: All provisions for the granting of
exceptions under the Parent A/ML District of which this district is made a part shall be followed.
1006.06 ADOPTION OF AN SMI DISTRICT:
(1) The ordinance adopting the SMI district shall include a map detailing the boundaries of the
district.
(2) Each SMI district shall be shown on the zoning map, identified sequentially by year and order
ATTEST:
(SEAL)
of enactment, i.e. SMI- 200901, SMI- 200902, etc.
SECTION 6 All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 7 This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED this 14th day of JULY, 2009.
CITY OF BLAIR, NEBRASKA
S E. REALPH, MAYOR
BRENDA R. WHEELER, CITY CLERK
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 14 day of
July, 2009.
BRENDA R. WHEELER, CITY CLERK