2193ORDINANCE NO. 2193
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING ARTICLE 3, SECTION 303.01 DEFINITIONS OF THE
CITY OF BLAIR ZONING REGULATIONS BY AMENDING (152) STRUCTURE ADDING
RETAINING WALLS TO THE LIST OF ITEMS PERMANENTLY ATTACHED TO THE
GROUND THAT ARE NOT CONSIDERED STRUCTURES AND ADDING (125.5) RETAINING
WALL DEFINITION AND AMENDING ARTICLE 11, SECTION 1102 ADDING RETAINING
WALL REGULATIONS; 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 303.01 DEFINITIONS of the Blair Zoning Regulations of Blair,
Nebraska is hereby amended as follows adding (125.5) RETAINING WALL, 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:
(125.5) RETAINING WALL, shall mean a wall or terraced combination of walls used at a grade
change to hold soil and other earth material at a higher position. Retaining walls may be attached to
or independent from other structures. The exposed side of a retaining wall shall be known as a
"face ". The area between a lower wall and a successive higher wall shall be known as a "terrace ".
SECTION 2 Section 303.01 DEFINITIONS of the Blair Zoning Regulations of Blair,
Nebraska is hereby amended as follows, to wit:
(152) 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 retaining walls, or public items such as utility poles, street light fixtures,
street signs and outdoor areas such as paved areas, driveways or sidewalks.
SECTION 3 Section 1102 FENCES, WALLS AND HEDGES of the Blair Zoning
Regulations of Blair, Nebraska is hereby amended as follows, to wit:
SECTION 1102 FENCES, HEDGES AND RETAINING WALLS
Fences and Hedges: Notwithstanding other provisions of this ordinance, fences and hedges may be
permitted in any required yard, provided that no fence 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 or hedge
shall exceed 2 1/2 feet in height when located within the site triangle of a corner lot.
A) 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 1 /2' feet in height, nor shall any structural
member exceed thirty six inches (36 ") in area, as measured using the horizontal cross
section.
3) No fence shall be constructed which will constitute a traffic hazard as identified in the
site triangle of a corner lot (See Section 1101).
4) No fence constructed in the second front yard (the side yard abutting the street) of a
corner lot shall exceed forty eight inches (48 ") in height. 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.
B) The following regulations shall apply to the construction of retaining walls.
1) PURPOSE AND INTENT.
a) To allow for the review of retaining walls of a size that may impact surrounding
buildings, land, and uses;
b) To require the construction of retaining walls in a manner consistent with engineering
and construction best practices; and
c) To lessen the impact of large retaining walls on abutting properties and the public by
encouraging the use of landscaping and, aesthetically pleasing design elements.
2) APPLICABILITY AND EXEMPTIONS: The regulations and requirements
contained herein shall apply to all retaining walls erected in the City of Blair, except
the following:
a) Retaining walls that are six (6) feet in height or less shall not require a building
permit but must meet the requirements of this section.
b) A terraced combination of walls, in which each separate wall is six (6) feet in height
or less and in which each terrace is at least two times (2x) the height of the next
lowest wall, shall not require a building permit but must meet the requirements of
this section.
3) GENERAL REQUIREMENTS: Following are the general requirements for retaining
walls, including walls six (6) feet in height or less that do not require a building
permit. No retaining wall shall be constructed in excess of these General
Requirements regarding maximum height or maximum slope without first obtaining
a Conditional Use Permit (see Subsection B(4) below).
a) Permit and Design - A building permit shall be required for all retaining walls that
are over six (6) feet in height. All retaining walls requiring a permit must be designed
by an engineer licensed in Nebraska.
b) Terracing - Terracing of retaining walls is allowed and encouraged. In a terraced
retaining wall system, if a successive wall is setback from the next lowest wall at
least two times (2x) the height of the next lowest wall, the walls shall be considered
as separate walls. If a successive wall is setback from the next lowest wall less than
two times (2x) the height of the next lowest wall, the multiple walls shall be treated
as a single wall and the height shall be measured as described in subsection 3(c)
below.
c) Determining Retaining Wall Height - The height of a retaining wall shall be the
distance from the grade at the front of the wall to the grade at the back of the wall at
the same section. For walls that are not a constant height the largest of these
measurements shall be used to determine the height of the wall. Multiple walls
treated as a single wall shall be measured from the grade at the front of the lowest
wall to the grade at the back of the highest successive wall.
d) Setback and Maximum Height Requirements —
i. Applicants for retaining walls located within three (3) feet of a property line
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.
ii. Retaining walls which discharge storm water at their base from downspout
drains located on any structure shall be located at least three (3) feet from the
property line. Such discharge locations shall be constructed and maintained to
eliminate any erosion from the base of the wall or adjoining property.
iii. Front yard(s) — No retaining wall erected in a required front yard shall
materially obstruct public view or constitute a traffic hazard as identified in
the site triangle of a corner lot (See Section 1101). No retaining wall shall be
constructed closer than six (6) inches from the front property line without an
easement from the City. No retaining wall in a required front yard shall
exceed three and a half (3 1 /2) feet in height. No retaining wall bordering and
facing the driveway or approved parking areas shall exceed ten (10) feet in
height.
iv. Side and rear yard(s) - No retaining wall shall be constructed closer than six
(6) inches from the side or rear property line. If the face of the retaining wall
is towards the inside of the property, a permanent easement must exist for all
areas outside the property requiring geogrid support and backfill, and such
easements must be recorded against all effected properties. No retaining wall
shall exceed ten (10) feet in height.
e) Wall Surcharge — Retaining walls shall have a maximum 1:4 (25 %) slope in the soil
surcharge uphill from the retaining wall for a minimum distance of two times (2x) the
height of the wall.
f) Nonconforming Retaining Walls - Retaining walls constructed and/or permitted prior
to the adoption of these regulations shall be allowed to remain in their existing state;
however, significant changes or alterations to such walls shall be made in conformity
with these regulations. The repair and routine maintenance of nonconforming
retaining walls shall be allowed without requiring conformity with these regulations.
4) CONDITIONAL USE PERMIT REQUESTS TO EXCEED GENERAL HEIGHT
AND /OR SLOPE LIMITATIONS:
a) A Conditional Use Permit application may be submitted for the following exceptions
only:
i. Retaining walls to exceed the maximum heights indicated in Subsection
B(3)(d).
ii. Retaining walls to exceed the maximum 1:4 (25 %) slope in the soil surcharge
indicated in Subsection B(3)(e).
b) A Conditional Use Permit application must address, and will be evaluated on, the
following criteria:
i. That the proposed retaining wall is otherwise in compliance with the
provisions of this Section;
ii. That the proposed retaining wall will not adversely impact adjacent property,
the public or public infrastructure;
iii. That the proposed retaining wall is the minimum structure necessary to allow
a subject property to be reasonably utilized.
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 regarding fences and hedges from the requirements set forth
hereinabove in this Section.
SECTION 4 All ordinances, resolutions or orders or parts thereof in conflict with the
provisions of this Ordinance are to the extent of such conflict hereby repealed.
SECTION 5 This Ordinance shall be published in pamphlet form and shall be in full force
and effect from and after its passage, approval and publication as provided by law.
PASSED AND APPROVED this 28th day of SEPTEMBER, 2010.
CITY OF BLAIR, NEBRASKA
B
S E. P.EALPH, MAYOR
ATT
BRENDA R. WHEELER, CITY CLERK
(SEAL)
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 28 day of
September, 2010.
BYENDA R. WHEELER, CITY CLERK