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20052005 Ordinances 2021 Adopting Comprehensive Plan -First Reading 6036 Second Reading 6044 Final Reading 6052 2022 Adopting Zoning Ordinance and Official Map First Reading 6036 Second Reading 6045 Final Reading 6052 2023 Adopting Subdivision Regulations-First Reading 6038 Second Reading 6045 Final Reading 6052 2024 Establishing corporate boundaries of the City of 6046 Blair 2025 Vacating Plat for Skyline Ridge Subdivision 6051 2026 Create sanitary sewer extension district 65 6059 2027 Vacating 10' of ROW along 24t" Street adjacent 6061 Lot 10, Block 17 Dexter's Addition 2028 Annexation of part of Lot 1 in Scobo Acres First Reading 6063 Second Reading 6067 Final 6075 2029 Establishing corporate boundaries of the City of 6067 Blair -REVISED 2030 Create Paving District No. 184-Skyline Ridge 6077 2031 Create Water Extension District No. 43-Skyline 6078 Ridge Subdivision 2032 Create Sanitary Sewer Ext. Dist. No. 66-Skyline 6078 Ridge Subdivision 2033 Impose City Sales Tax effective October 1, 2005 6080 2034 Authorizing issuance of $940,000 Series 2005 G.O. 6082 Various Purpose Bonds 2035 Rezoning Lot 1 & 2, Skobo Acres from A/ML to OPD 6083 2036 Rezoning west 2.0005 acres of Lot 3, Skobo from 6085 A/ML to OPD 2037 Amend Section 705.04 of Zoning regulations to 6086 Allow parking lots in RMH 2038 Amend Section 7-402 of the Municipal Code 6090 Regarding discharging of fireworks 2039 Creation of sidewalk districts 6095 2040 Vacating 15' of property at 551 N. 10th Street 6102 2041 Amend Municipal Code 10-103 re: classes of 6103 Persons to whom no license issued referencing Liquor licenses 2042 Creating Sidewalk Improvement Districts repealing 6103 2039 2043 Sale of Lot 1 and Lots 37-49 in Ridgeview 6105 2044 Amend Section 1205 of the Zoning Regulations 6109 Regarding nonconforming uses or structures 2045 Creating Paving District 185-South Acres 6110 2046 Creating Water Ext District 44 -South Acres 6118 2047 Setting and Fixing compensation for officers and 6120 employees 2048 Budget Statement -Annual Appropriation Bill 6121 2049 Amend Section 702.08(5)(b) of Zoning Ordinance 6131 to allow accessory building by CUP 2050 Amend Section 802.04(6) of Zoning Ordinance 6132 to allow residences in basement of commercial building 2051 Rezone part of TL 275 S7-T18N-R12E-1st & Grant 6135 (McKinnis/Lippencott property) 2052 Create Sanitary Sewer Extension District 67 6141 Grant Street near South Acres 2053 Increase Occupation Tax Fees for Peddlers 6144 And Liquor License 2054 Transfer of Real Estate for excess right of way 6145 Along Deerfield/Lions Trail 1 ORDINANCE NO 2021 COUNCIL MEMBER FANOELE INTRODUCES THE FOLLOWING ORDINANCE: AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT PLAN FOR THE CITY OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Whereas, the Mayor and City Council adopted a Comprehensive Development Plan and adopted same in 1997; and, Whereas, the growth and development within the municipality and its two (2) mile planning and zoning jurisdiction area necessitated an update and revision. of said 1997 Comprehensive Development Plan; and, Whereas, the Blair Planning Commission, pursuant to 19-901 et. seq. has held public hearings on said Comprehensive Development Plan and has submitted its final report to the Mayor and City Council; and, Whereas, the Mayor and City Council have held a public hearing on the final report of the Blair Planning Commission for the adoption of a current Comprehensive Development Plan; and, Whereas, said Plan is in conformity with Section 19-903 R.R. S. Neb. and is acceptable to the Mayor and City Council. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Comprehensive Plan attached hereto, marked exhibit "A," and by this reference made a part hereof is hereby adopted by the City of Blair as its Comprehensive Development Plan. All ordinances or parts of ordinances in conflict herewith are hereby repealed. c This ordinance shall be in full force and effect from and following the passage and publication hereof in pamphlet form as required by law. PASSED AND APPROVED this 8th day of March, 2005 J~1VIE REALPH, MA Q~ ATTES~ ~ ~~~ BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ss WASHINGTON COUNTY ) BRENDA 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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 8th day of March, 2005 BRENDA WHEELER, CITY CLERK 1, ~'r. 'r ~_ { z l ~: \ ~~~H~ i ~~ 6a ~} %ew rM ~Y ~ , ~,, ,~'' ~~ ~~~ ~ K., ~ ~ \ \ \ l \ ~i S ~ ~ ~1\ \~\~\ 4jl \ \~ \\1 ~\\\~\ \~\ \`~ \ \ \ \ \ ~\~\ \i \ \\ ~f\ w.,~,.eVy @ " ~ `. ~ \ ~\~\S 1 ~~ ~"~}„ ~~ n Y { 14.E ryP~ . d i~Mw~ ~ S'F: d ~ ~ J ,. ;'f ~ '~.a ~~ g ~ ~ q + ~ gq~ ~y,g~ c!~^ ~R4 Ski. ~~ ,9"SMJ krdCA 7~~..q~ ~ ~bv~ i a.x 4 5 yq~. `au~ °q~" ~ @ R ~ A i 4w~1 ~ i ~ Fv 8 dies l B R $ ~.v 1 ~ ~ ~ :. ~ `~ t ~ ~,~~ ~ ~,Ns~~' +~ gp }~ ,7~ pp;~,. yp~^"~~ )ryry ff }ry p^g yN9 ~ jf 5'iy~ py~~, @[ ~ ~J+~`A 9.J ~lC.P~7 VIP V Y lid i. ~~ ~\ 1 ~ ~ ~\ \ ~`~\ ~T =/ BLA~1~, hT~BRASKA COMPREHENSIVE PLAN UPDATE 2029 BLAIR PLAN PARTICIPANTS CITY COUNCIL Jim Realph, Mayor John Abbott, Mike Biffar, T. John Shotwell, Frank Wolff, Lloyd Scheve, Tammy McManigal, Gary Fanoele, Jon Stewart CITY PLANNING COMMISSION Chair Ken Rhoades, Robert Tichota, Milt Heinrich, Doug Cook, Vivian Kelley, Jim Ryan, Kent Nicholson, Don Hansen, Bob Krogh PLANNING STEERING COMMITTEE 65 Volunteers from the City of Blair and Its Two-Mile Planning Jurisdiction CITY STAFF Rod Storm, City Administrator; Scott Bovick, Assistant City Administrator; Allen Schoemaker, Director of Public Works; Brenda R. Taylor, City Clerk; and John Samson, City Attorney CONSULTANTS HWS CONSULTING GROUP, INC. Michael Gorman, P.E.; Brian G. Ray, P.E. HANNA:KEELAN ASSOCIATES, P.C. Planners in Charge: Becky J. Hanna & Timothy M. Keelan Contributing Planners: Lonnie Dickson, AICP & Paul Hrnicek www.hannakeelan.com The Blair Comprehensive Plan Update - 2029 was funded by a Transportation Enhancement Grant, provided by the Nebraska Department of Roads and funds provided by the City of Blair. The Planning Program was administered by City Staff. Blair Comprehensive Plan Update - 2029 Credits 9. TABLE OF CONTENTS PARTICIPANTS ................................................... i TABLE OF CONTENTS ..................................... ...... ii LIST OF TABLES ................................................. iv LIST OF ILLUSTRATIONS ..................... .................. vi TABLE TITLE PAGE CHAPTER 1 THE BLAIR PLANNING PROCESS ................. 1.1 - The Comprehensive Plan -Update .................... 1.1 - Planning Period ............................... 1.1 - Planning Jurisdiction .......................... 1.1 - Authority to Plan .............................. 1.2 - Responsible Growth and Development ............. 1.2 - The Plan as a Community and Economic Development Tool ......................... 1.3 - Organization of the Plan ........................ 1.4 CHAPTER 2 GOALS, POLICIES AND ACTION STRATEGIES ..... 2.1 - Introduction ....................................... 2.1 - Community Goals ................................. 2.2 - Population ....................................... 2.3 - Community Image .................................. 2.4 - Land Use and Development .......................... 2.5 - Housing ..........................................2.7 - Infrastructure and Public Facilities ...:............... 2.9 - Transportation and Circulation ......................2.11 - Commercial Development ..........................2.12 - Plan Maintenance and Implementation ...............2.15 j CHAPTER 3 POPULATION, ECONOMICS & HOUSING .......~ ... 3.1 i -Introduction ....................................... 3.1 - General Population Trends and Projections ............. 3.1 - Population .................................... 3.2 - Income Trends and Projections ....................... 3.4 Blair Comprehensive Plan Update - 2029 Table of Contents ii ^ r TA~I~E ~JF CONTENTS TABLE TITLE PAGE CHAPTER 3, POPULATION, ECONOMICS & HOUSING .......... 3.1 continued - Employment and Economic Trends ................... 3.10 -Housing Profile and Plan ........................... 3.13 - Community Housing Conditions ................. 3.13 =Household Trends and Projections ................ 3.16 - Future Housing Demand ........................... 3.19 - Housing Resources ................... . 3 23 . ........... -Local Funding Options ......................... . 3.23 - Regional Funding ............................. 3.24 -Federal Funding .............................. 3.25 -Financial "Pooling" ............................ 3.26 CHAPTER 4 LAND USE & DEVELOPMENT .................... 4.1 - The Built Environment ............................. 4.1 - Existing Land Use Analysis ......................... . 4.2 - Vacant Lands and New Housing Starts ........... . 4.4 - Vacant/Agricultural ........................... . 4.5 - Public/Quasi-Public ........................... . 4.5 - Residential ..................... 4 5 ............ - Comme i l . . rc a .................................. . 4.6 -Industrial ................................... .4.6 - Summary Statement ............................... . 4.7 - Future Land Use Profile ............................ . 4.8 - Residential .................................. 4.11 -Parks and Open Space ......................... 4.12 - Commercial Development ....................... 4.13 -Industrial ...............................:... 4.14 -Subarea Development Concepts ...................... 4.16 -Subarea 1- .................................. 4.16 -Subarea 2 ................................... 4.20 -Subarea 3 ................................... 4.22 -Environmental Assessment ..................... 4.25 - Potential Adverse Impacts ...................... 4.25 - Beneficial Impacts ............................ 4.26 -Alternatives .................................. 4.28 -Actions to Mitigate Adverse Environmental Effects .. 4.29 Blair Comprehensive Plan Update - 2029 Table of Contents iii r r t TABLE OF CONTENTS TABLE TITLE PAGE CHAPTER 5 PUBLIC FACILITIES, & INFRASTRUCTURE & TRANSPORTATION ............................ 5.1 -Introduction .......................................5.1 - Public Facilities .................................. . 5.1 -Parks and Recreation ........................... . 5.1 - Education ....................................... . 5.2 - Medical/Elderly Services ........................... . 5.7 - Government/Public Safety .......................... . 5.8 - Public Utilities ................................... 5.11 . -Water System ................................. 5.11 -Electrical System ............................. 5.12 -Sanitary Sewer System ......................... 5.12 - Solid Waste Disposal ........................... 5.12 - Natural Gas System ............................ 5.13 -Telephone System ............................. 5.13 -Cable Television ..........:.................... 5.13 -Storm Drainage ............................... 5.13 -Transportation ................................... 5.14 -Existing Transportation Systems ................. 5.14 - Other Transportation Systems ................... 5.15 - Travel Demand Model .......................... 5.17 - Future Transportation Improvements ............. 5.18 APPENDIX I - Blair Community Survey ........................... .. 1 -Executive Summary ............................... .. 1 -Survey Results ................................... .. 3 Blair Comprehensive Plan Update - 2029 Table of Contents iv T t LIST OF TABLES TABLE TITLE PAGE 3.1 Population Trends and Projections ..................... 3.2 3.2 Population Age Distribution ........................... 3.3 3.3 .Household Income Trends And Projections- All Households . 3.4 3.4 Persons Receiving Social Security Income ................ 3.5 3.5 Per Capita Income Trends And Projections ............... 3.6 3.6 Owner And Renter Housing Costs As A Percentage Of Household Income ........................." .......... 3.7 3.7 Households with Housing Problems/Cost Burdened ........ 3.9 3.8 Civilian Labor Force and Employment Trends and Projections .. ....................................3.10 3.9 Work Force Employment By Type .....................3.11 3.10 Employment in County ..............................3.12 3.11 Housing Stock Profile/Units In Structure ...............3.13 3.12 Housing Stock Occupancy/Vacancy Status ..............3.14 3.13 Year Structure Built ................................3.15 3.14 Specific Household Characteristics - Trends and Projections ..............................3.16 3.15 Tenure By Household Trends And Projections ...........3.17 3.16 Contract Rent .....................................3.18 3.17 Owner Occupied Housing Value .......................3.18 3.18 Projected Housing Demand Potential ..................3.21 4.1 Existing Land Use .................................. 4.4 Blair Comprehensive Plan Update - 2029 Table of Contents v ~ ~ t LIST OF ILLUSTRATIONS TABLE TITLE PAGE 4.2 Existing Land Use Calculations ........................ 4.6 4.3 Expected Land Use Needs ............................ 4.9 5.1 Estimated Roads Improvement Costs ...................5.20 Blair Comprehensive Plan Update - 2029 Table of Contents vi T ' . LIST OF ILLUSTRATIONS TABLE TITLE PAGE 1.1 Location Map ...................................... 1.3 4.1 Generalized Existing Land Use Map - Corporate Limits and Planning Jurisdiction ............. 4.3 4.2 Generalized Future Land Use Plan - Corporate Limits and Planning Jurisdiction .......:....4.10 4.3 Subarea Map - Location Map Redevelopment Area ...................4.18 5.1 Public Facilities Map - Corporate Limits ................................... 5.3 5.2 2000 Assigned Average Daily Traffic - Existing Network .................................5.16 5.3 2030 Forecasted Average Daily Traffic - Approved Network ................................5.21 Blair Comprehensive Plan Update - 2029 Table of Contents vii ~j ~ CHAPTER 1 The Blair Planning Process ~: CHAPTER 1 THE BLAIR PLANNING PROCESS THE This Blair Comprehensive Plan update is designed COMPREHENSIVE to serve as a tool to assist the City in planning for PLAN -UPDATE future stability and development in the community and its respective two-mile planning jurisdiction. The Plan contains information about existing conditions within the City, including population, land use, housing and public facilities and utilities and transportation, and serves as an update to be amended to the current Blair Comprehensive Plan, completed in 1996. The projection of these community variables are presented in an attempt to create a community and economic development "Vision" for Blair for the next 25 years. This planning process included the development of a general plan, which establishes specific and practical guidelines for improving existing conditions and controlling future growth. The Plan itself presents a planning program designed to identify and develop policies in the areas of land use, population, economics, housing, public facilities and utilities, transportation and plan maintenance / implementation. The Comprehensive Plan update was prepared under the direction of the Blair Planning Commission and Planning Steering Committee, with the assistance of the City Council, City Staff, and Consultants, HWS Consulting Group Inc. and Hanna:Keelan Associates, P. C., of Lincoln. PLANNING PERIOD The planning time period for achieving the goals, programs and community development activities identified in this Blair Comprehensive Plan Update is 25 years. Blair Comprehensive Plan Update - 2029 Chapter 1 1.1 ~a PLANNING JURISDICTION The planning jurisdiction of the City of Blair includes the Blair corporate limits and the area within the two- mile Planning Jurisdiction. The City enforces planning, zoning and subdivision regulations within this two-mile limit, in accordance with Nebraska State Statutes. AUTHORITYTOPLAN This Comprehensive Plan update for Blair is prepared under the Authority of Section 19-924-929, Nebraska State Statutes 1943, as Amended. RESPONSIBLE GROWTH The City of Blair is located in east-central Nebraska, in AND DEVELOPMENT Washington County, an estimated 17 miles north of the City of Omaha, Nebraska along Highways 133 and 75. The City of Blair is in a position to decide what community and economic development enhancements it needs and desires to better service persons and families interested in small town living. The Community offers both a Downtown and three highway business districts, as well as farming and other agricultural support services to maintain a stable and diverse population and economy. Blair benefits from the economic success of the City of Omaha, by virtue of its close proximity. Because of its strategic location, one can live in the City of Blair and easily commute to Omaha, or vis versa, for employment. The Blair Comprehensive Planning Process promotes responsible growth. This includes a firm understanding of the growth potential within the existing built environs of Blair, as well as the support for preserving the agricultural and associated natural resources adjacent the City. Undeveloped areas, within the two-mile planning jurisdiction of Blair, will be assigned land uses and zoning classifications capable of preserving the integrity of these areas, while providing for controlled, well planned growth potential throughout the 2004 to 2029 planning period. Blair Comprehensive Plan Update - 2029 Chapter 1 1.2 responsible Responsible growth and development activities will Growth and include the ongoing planning and implementation of Development, needed public facilities in Blair. The Community is continued ........... cognizant of its social and recreational needs, but will need to continue to upgrade and develop modern, accessible public facilities and infrastructure. ILLUSTRATION 1.1 AREA LOCATION MAP BLAIR, NEBRASKA ....I'_. .._ '. _..-_I BL .. NoRR,LL KINBALL NEYENNE OMNi NOOrcER ~OmA BLAiNE OUR IOPP EELER OAROE RTRUR cPNERBON L OAN ALLEY LEY +C95TR ~ "® rcEiTN ~F,PY` wARO PERrciN9 pAw50N BUFEAL NA~ oUNOY Nrtrwrru~x R ~ n~ox.e u.v~.u ..1>'+ srfl ~ ~ ~yT G!! YORK O di J oroE E J P ,+~t' SALIN~P OAO a~ TRAY h .AwNEE TIE PLAN AS A The City of Blair Comprehensive Planning process COMMUNITY AND has been designed to enhance both community and ECONOMIC economic development efforts, which will promote DEVELOPMENT stability within the community and the local economy. TOOL To accomplish this, community leaders will need to react to changing economic conditions and access programs available to meet these changes. Local decisions will need to enhance community and economic development opportunities, as well as preserve local values. Citizen input will be needed to assist and enhance this political decision making process. Blair Comprehensive Plan Update - 2029 Chapter 1 1.3 f ~ t The Plan as a The use of the Community Development Agency, Community and as a vehicle to plan and implement residential, Economic commercial, and industrial development Development activities in Blair, is strongly encouraged. The Tool, continued ... ... future land use plan, identified in this document, encourages growth and expansion of the City during the 25-year planning period. However, the City must continue to enhance and redevelop the older portions of Blair, not just the Downtown, but aging residential neighborhoods as well. Blair must continue to provide incentives for public and private partnerships for redevelopment to coincide with community growth and expansion. Incentives such as Tax Increment Financing, Historic Preservation Tax Credits, Community Development Block Grants (CDBG) and a variety of housing and economic development funding sources coupled with local lending support, should be utilized by the community to achieve the goals contained within this Comprehensive Plan Update. Providing safe, modern and affordable housing in Blair, during the next 25 years, will insure a population base capable of supporting various important businesses and services in the Community. Housing rehabilitation activities, coupled with new housing opportunities for both elderly and young families, should be considered. The City should support housing improvement and development efforts as a means of both stabilizing the population and increasing the local tax base. ORGANIZATION OF The City of Blair Comprehensive Planning process THE PLAN utilized both a qualitative and quantitative approach to gathering pertinent information. The qualitative approach included a comprehensive citizen participation process consisting of a community- wide citizen participation survey and Planning Commission and public meetings. The quantitative approach included the analysis of the various components of the Comprehensive Plan utilizing numerous statistical data bases provided by the 1980, 1990 and 2000 Census, as well as other pertinent local, state and federal agencies. Blair Comprehensive Plan Update - 2029 Chapter 1 1.4 ,' This quantitative approach included numerous field research activities to determine the present condition and profiles of local land use, housing, public infrastructure and facilities, transportation and environmental issues. Combining the results of these two important approaches produced a Comprehensive Plan. Organization of This Comprehensive Plan update includes the following The Plan, Five Sections. continued ........... - The Blair Planning Process - Goals, Policies & Action Strategies - Population, Economics & Housing - Land Use & Development - Public Facilities, Infrastructure &Transportation The system embodied in this community planning framework is a process that relies upon continuous feedback, as goals change and policies become more clearly defined. Planning is an ongoing process that requires constant monitoring and revision throughout the proposed planning period. Element 1 ........... This Comprehensive Plan Update is organized in four elements. The first element of the Comprehensive Plan is the Goals, Policies and Action Strategies. The Goals and Policies represent the foundation for which planning components are designed and eventually implemented. The Goals and Policies identified in this Blair Comprehensive Plan address each component of the Plan itself. Action Strategies identify specific activities the community should undertake to accomplish the goals and policies. Blair Comprehensive Plan Update - 2029 Chapter 1 1.5 Element 2 ........... The second element is the Background Analysis, which presents the research, both quantitative and qualitative, necessary for the development of the Plan's Goals, Policies and Action Strategies. This research included the investigation of demographic, economic, land use, housing, transportation and public facilities and utilities in Blair. The careful research of past and present data allowed for the projection of future population and development needs. Element 3 ........... The third and final element of the Comprehensive Plan is the Planning Components, which present general background analysis and future plans for land use, housing, public facilities, infrastructure and transportation. Blair Comprehensive Plan Update - 2029 Chapter 1 1.6 CHAPTER 2 Goals, Policies and Action Strategies C~IAPTER 2 GOALS, POLICIES AND ACTION STRATEGIES INTRODUCTION A Comprehensive Plan is an essential tool to properly guide the development of a modern community. An important aspect of this planning process is the development of appropriate- and specific planning goals, policies and action strategies to provide local planners direction in the administration and overall implementation of the Comprehensive Plan. In essence, the goals and policies are the most fundamental elements of the Plan; the premises upon which all other elements of the Plan must relate. Goals are broad statements, identifying the. state or condition the citizenry wishes the primary components of the planning area to be or evolve into within a given length of time. Primary components include Population, Community Image, Land Use, Housing, Infrastructure and Public Facilities, Transportation and Circulation, Commercial/Industrial Development and Plan Maintenance and Implementation. Goals are long- term in nature and, in the case of those identified for this Comprehensive Plan, will be active throughout the planning period 2004 to 2029 Policies help to further define the meaning of goals. In essence, Policies are a specific statement or achievement to be accomplished as a step toward fulfilling a goal. Policies, or often referred to as objectives, are sub-parts of a Goal and are accomplished in a much shorter time space. Action Strategies represent very specific activities to accomplish a particular Goal. In many cases, specific time lines are attached to Action Strategies. Action Strategies are the most measurable component of a Comprehensive Plan. Blair Comprehensive Plan Update - 2029 Chapter 2 2.1 The specific goals, policies and action strategies of this Comprehensive Plan are included with the discussion of each respective Plan component. The goals, policies and action strategies identified in this Plan have been reviewed, discussed and modified on many occasions to result in a consensus of understanding and vision for the future of Blair by all groups and individuals involved in the Blair Comprehensive Planning process. GENERAL The first step in developing goals, policies and action COMMUNITY GOALS strategies for this Plan was the creation of general community goals. These general community goals were developed via input from the Blair Planning Steering Committee and the results of the community- wide opinion survey in an effort to "highlight" eight important elements of this Comprehensive Planning process. These eight elements include Population, Community Image, Land Use, Housing, Infrastructure and Public Facilities, Transportation and Circulation, CommerciaUIndustrial and Plan Maintenance and Implementation. The following represents the General Community Goals. 1. Continue to improve the quality of life and sense of community for all residents of Blair. 2. Foster the value of the community and encourage the development of local action to preserve and strengthen the City of Blair. 3. Implement appropriate community and economic developments to enable an increase in the population of Blair by an estimated 1.2 percent per year for the next 25 years, or 2,811 people and 1, 765 households by 2029. 4. Provide all residents with access to a variety of safe, decent, sanitary housing types, including elderly and persons with disabilities. 5. Stabilize and broaden the economic base to create and expand employment opportunities for all age categories. Blair Comprehensive Plan Update - 2029 Chapter 2 2.2 Community Goals, 6. Preserve and improve the physical appearance and continued ........... character of the community, including the Downtown and Highway 30, 75, 91 and 133 gateway entrances to the City. 7. Maximize the opportunities to provide for the many needs, desires and activities of all segments of the population and maintain and improve those qualities which make Blair a desirable place in which to live, work, raise a family and retire. 8. Develop a land use plan which embodies the identified goals and policies and adopt a zoning ordinance and subdivision regulations to implement the land use plan and policies. POPULATION .Policies 1. Stabilize and increase the population within the community of Blair by developing housing and economic opportunities, coupled with appropriately planned annexation practices. 2. Promote modern services, business and industry, in an effort to create a greater population base. 3. Create aesthetic and quality built environments in which to live. Action Strategies 1. Promote social and economic opportunities during the planning period to increase the population. 2. Couple new housing'developments with additional job creation. 3. Promote Blair as a great place to start your own business. Blair Comprehensive Plan Update - 2029 Chapter 2 2.3 COMMUNITY IMAGE Policies 1. Publicly promote the image of Blair, in an effort to attract workers in surrounding communities to reside in Blair. 2. Encourage an ongoing forum for citizen participation to maintain and improve the economic and social quality of life in the community. Action Strategies 1. Implement a planned program of historic preservation in the Downtown and selected residential neighborhood areas. 2. Continue recent efforts to revitalize the downtown by making improvements to both public and private property. Facade improvements, common elevators to upper floors of commercial buildings, providing incentives to retain and expand existing businesses and attract new businesses are all vital to the success of Downtown Blair. 3. Establish an on-going program of community beautification. 4. Develop programs to encourage youth retention and recruitment. 5. Maintain and continue to improve the Public Education System. 6. Continue to support and develop public/private partnerships for the development and redevelopment of residential and commercial/industrial areas of Blair. Maintain a program or process of actively pursuing federal, state and local funds to preserve and improve the community. 8. Systematically remove dilapidated structures and excessive debris within targeted neighborhood areas of the City. Blair Comprehensive Plan Update - 2029 Chapter 2 2.4 1 ~ ~ LAND USE Policies 1. Provide opportunities for community development in an orderly and efficient manner in both the old and new areas of Blair. 2. Establish and maintain land use development patterns and densities in the community, that best conform with the desires and needs of the residents and emphasize improved quality of development and livability for the residents of the community. 3. Continue to encourage compatible adjacent land uses during the planning and implementation of development activities. 4. Encourage land use patterns which preserve and protect the unique natural features and resources of the community from ,adverse development. 5. Promote land uses which maintain and provide a safe and sanitary environment, free of air, water and noise pollution. 6. Future development should be encouraged to locate in areas which are relatively free of environmental problems related to ground water soil, slope and the 100-year floodplain and floodway zones. Action Strategies 1. Redevelop and improve older areas of the community, develop vacant parcels and utilize the existing public services and facilities. 2. Develop areas in the northwest, north and south portions of Blair for residential subdivisions. 3. Future commercial development activities should be concentrated in the Downtown and along the Highway 30 corridor. 4. Future land uses along the southern Highway 30 corridor should remain commercial in nature. Blair Comprehensive Plan Update - 2029 Chapter 2 2.5 Land Use, 5. Industrial developments in Blair should occur continued ........... primarily in the east and southeast areas of the City, primarily in the region between highways 30 and 75. 6. Combinations of highway commercial and industrial land uses should be limited to the east Highway 30 area. 7. Future land uses along the Highway 75 corridor, north of Nebraska Street, should remain residential in character in order to be compatible with existing residential neighborhoods. This area is recommended for residential growth. 8. Blair should continue to maintain zoning regulations which are compatible to current development trends and community attitudes. 9. Develop subdivision regulations which complement the Zoning Ordinance and Municipal Codes. 10. Establish a comprehensive program of eliminating substandard or dilapidated housing and commercial structures which pose eminent threats to the health, safety and welfare of the community. 11. Maintain both voluntary and involuntary annexation policies in conformance with state statutes to continue to provide additional lands for needed growth of the community. Y2. Continue to utilize the process of blight and substandard determination and redevelopment planning, as per the Nebraska Community Development Law. 13. Utilize the enabling powers of the Blair Community Development Agency to secure and improve lands for future residential, commercial and industrial developments. Y4. City Council needs to facilitate and oversee public/private partnerships, to ensure the proper development of land. Blair Comprehensive Plan Update - 2029 Chapter 2 2.6 HOUSING Policies 1. Provide all residents with access to a variety of s safe, decent, sanitary housing types. 2. Promote development of residential options for residents of all income levels. 3. Provide additional housing in Blair to both attract future residents and eliminate the "pent-up" demand for housing for the current citizens of the City. 4. Develop housing programs and projects to deplete the current housing vacancy deficiency in Blair. 5. Protect and preserve existing residential areas and housing units, through continued planned rehabilitation programs. 6. Encourage future residential development which is compatible and complements existing neighborhoods. 7. Actively access affordable housing programs available from local, state and federal agencies/departments. Action Strategies 1. Develop up to 780 rental housing units and 1,181 owner housing units in Blair, by 2029. 2. Continue efforts to rehabilitate substandard housing units in Blair annually and throughout the 25-year planning period. 3. Remove and replace dilapidated housing units, those that are not cost effective to rehabilitate on an annual basis. 4. Maintain a minimum community housing vacancy rate of 5 percent for modern, marketable housing stock. Blair Comprehensive Plan Update - 2029 Chapter 2 2.7 Housing, 5. Blair needs to create a housing code committee to continued ........... investigate the feasibility of and need for a local housing code to ensure minimum housing conditions are being met within the community. 6. Maintain current levels of enforcement of building, plumbing, electrical, and fire codes for all residential housing. 7. Maximize local public and private resources, organizations and, if needed, create a community based entity, to assist in the promotion and/or development of affordable housing opportunities. 8. Coordinate the development of affordable housing needs of Blair with related educational, health and social services programs, both public and private. 9. Support and utilize the State of Nebraska Consolidated Housing Plan to create affordable housing opportunities in Blair. 10. Promote housing opportunities in and around the Downtown, by either replacing the old structures or converting upper floors of commercial buildings to residential use. I1. Encourage the development of additional owner and renter occupied housing types, including single family, multiple family for low- to moderate income families, persons with disabilities and the elderly, to meet existing and future needs of all Blair residents. 12. Continue to secure grants/financial assistance to develop both owner and renter housing rehabilitation/repair programs for low and moderate income households to upgrade. their homes to minimum housing quality standards. 13. Establish a "home modification"program for persons with disabilities and the elderly. 14. Continue grants/financial assistance to develop a first-time homebuyer assistance program. Blair Comprehensive Plan Update - 2029 Chapter 2 2.8 Housing, 15. Develop and adopt regulations which encourage continued ........... development of affordable housing subdivisions. 16. Coordinate community housing needs with local economic development activities. 17. Promote maximum energy efficient housing standards and provide incentives for implementation. 18. Designate areas for high density residential development which have access to adequate infrastructure and public services. 19. All new residential development should be served by adequate City utilities and services. 20. Develop a program for systematic removal of dilapidated structures. 21. Adopt and enforce a occupancy permit program for existing housing units. INFRASTRUCTURE Policies AND PUBLIC FACILITIES 1. Provide adequate, efficient and appropriate utilities and services throughout the community of Blair to existing and future residential, recreational, commercial and industrial areas. 2. Maintain an adequate supply of potable water and expanded distribution system suitable for present and future consumption and fire protection within Blair. 3. Maintain the provision of facilities and services necessary to prevent pollution of the environment. By continuing to utilize sewage treatment, refuse collection and disposal, street cleaning, flood control and similar environmental control processes. Blair Comprehensive Plan Update - 2029 Chapter 2 2.9 Infrastructure and 4. Maintain and improve the existing public facilities Public Facilities, and services in Blair and develop, as needed, new continued ........... facilities and services to reflect resident's needs and demands. 5. Educate developers and the general public on solid waste management and recycling of materials. Action Strategies 1. Provide adequate law enforcement and fire protection services, with increased emphasis on community relations as well as adequate civil defense and emergency service, including facilities necessary to support such services throughout the community and promote the coordination of these services among the various governmental and quasi-governmental entities. 2. Continue to maintain and improve school facilities to encourage and support excellence in education. 3. Ensure public services be expanded to keep pace with growth. 4. Provide public services .in an efficient and economic manner in order to protect and enhance the safety and welfare of the residents of Blair through the provision of medical facilities, human services and supportive services for the elderly. 5. Strive to expand, or construct a new and larger public library, or potentially a branch library, to better serve the needs of a growing community. 6. Seek out funding sources for the potential construction of a community theater/fine arts and cultural center. 7. Improve public transportation services, especially for the elderly. 8. Continue to provide and improve recreation programs for the youth, elderly, persons with disabilities and families. Blair Comprehensive Plan Update - 2029 Chapter 2 2.10 Infrastructure and 9. Develop and improve recreational, educational and Public Facilities, cultural facilities. continued ......... 10. Encourage/promote the provision of additional senior citizen services and facilities. TRANSPORTATION Policies AND CIRCULATION ` 1. Provide a transportation system throughout Blair for the safe and efficient movement of people, goods and services. 2. Continue and expand efforts within the Downtown to alleviate conflicts between pedestrians and motorized vehicles, particularly along Washington Street (Highway 30). 3. Maintain design standards and policies for various classes of streets, roads, highways and bridges to enhance the function and safety of the roadway and street system in Blair. Action Strategies 1. Maintain and adopt a coordinated plan for maintenance, improvement and future locations of all streets, roads, highways and bridges in the community, including paving, curbs, gutters, street lighting, curb cuts, replacements, etc. 2. Monitor and control traffic through town. 3. Implement measures to protect pedestrians within the Downtown. Types of potential programs to be considered are: longer intervals for "walk" signals, coordinate traffic lights to slow the flow of traffic, add a turn lane to Washington Street, or ultimately, by pass Highways 30 and 75 around the perimeter of Blair. 4. Develop and maintain acommunity-wide sidewalks program to provide a safe and efficient system for pedestrian movement including handicap accessibility within the community. Blair Comprehensive Plan Update - 2029 Chapter 2 2.11 Transportation and 5. New residential developments in Blair will require Circulation, appropriate and adequate streets, curbs, gutters continued ........... and sidewalk needs. 6. Encourage efficient parking facilities for the commercial and industrial developments. 7. Maintain parking standards for residential areas. 8. Develop frontage roads along the southern Highway 30 Corridor to improve safety and access to commercial and industrial businesses and where needed, install traffic control lights. COMMERCIAL/ Policies IND USTRIAL DEVELOPMENT 1. Continue the practice of utilizing the Blair Comprehensive Plan as a community and economic development resource guide for future commercial developments. 2. Utilize the Blair land use plan, zoning and subdivision regulations as a guide for both business and industrial developments. 3. Reinforce the potential of the Blair Chamber of Commerce, Blair Industries, State and City Government, local public power companies and other existing and potential organizations or special committees for technical and financial assistance for securing new economic development activities. 4. Maximize economic opportunities for all residents by fostering increased employment and investment. 5. Utilize local, state and federal .funding sources to strengthen existing and assist in the creation of new business/industry, including the use of tax increment financing. 6. Expand economic opportunities of the local agricultural community. Blair Comprehensive Plan Update - 2029 Chapter 2 2.12 a Commercial / Action Strategies Industrial Development, continued ........... 1. Strive to create up to 1, 900 new jobs in Blair, by 2029. 2. Develop incentives to encourage former residents of the community to move back to Blair to start their own businesses in order to provide a broader selection of services and employment options to the citizens of Blair. 3. Encourage local reinvestment in the Community. 4. Encourage the revitalization removal of vacant and substantially deteriorated commercial/industrial buildings in Blair. 5. Promote the implementation of "historic designation" to the Register of Historic Places for all commercial, industrial, residential and public buildings having significant historic value. 6. Develop an efficient parking plan within commercial areas, for both on- and off-street vehicular parking. 7. Enhance the attractiveness of the business and industrial areas of Blair through revitalization and beautification efforts. 8. Expand shopping facilities, thus opportunities, to attract non-local businesses. 9. Promote the existence and development of commercial/ business types that will maximize the opportunity for job creation and future job quantity and quality. 10. Continue and improve current special events within commercial areas. Blair Comprehensive Plan Update - 2029 Chapter 2 2.13 Commercial / 11. Encourage street-scape improvements in Blair's Industrial Development, Downtown, i.e., lighting to enhance architectural continued ........... features, landscaping, signage and public seating areas. These improvements should be compatible with recent sidewalk and storefront entry improvements. 12. Implement Zoning Regulations which are compatible to the characteristics of commercial and industrial areas. 13. Allow housing opportunities in appropriate commercial areas. 14. Utilize local technical and financial resources to assist existing and future businesses and industries to exist and grow. 15. Promote the existence and development of industrial type businesses that are "light manufacturing" in nature, and/or do not produce products and pollutants detrimental to the health, safety and welfare of the community. 16. Encourage the development of industries that will utilize local industrial and agricultural resources. 17. Promote economic growth and development activities on a county basis with adjacent communities. 18. Continue and improve working relationships with regional and state offices to promote economic development. 19. Use local organizations to promote and facilitate residential and commercial projects. 20. Provide infrastructure and needed amenities to support future growth of commercial, industrial and residential tracts. 21. Utilize federal, state and local incentives to recruit and retain job opportunities. Blair Comprehensive Plan Update - 2029 Chapter 2 2.14 PLAN MAINTENANCE AND IMPLEMENTATION Policies 1. Maintain and utilize the Comprehensive Plan as the primary tool for making community decisions regarding the physical and social development of the City of Blair and its respective planning jurisdiction. Action Strategies 1. Establish an annual review process of the Comprehensive Plan and associated zoning and subdivision regulations. Blair Comprehensive Plan Update - 2029 Chapter 2 2.15 CHAPTER 3 Population, Economics & Housing CHAPTER 3 POPULATION, ECONOMICS & HOUSING INTRODUCTION GENERAL POPULATION TRENDS AND PROJECTIONS Population, economic and housing trends in the City of Blair serve as valuable indicators of future development needs and patterns for the City and provide a basis for the realistic projection of the future population. The quantity, location and density of demographic and housing features play an important role in shaping the details of various development plans to meet the needs of the City. The population trends and projections for the years 1980 through 2029 were studied and forecasted for Blair, utilizing a process of both trend analysis and popular consent. Blair, overall, is projected to increase in population during the next 25 years. Blair would need to aggressively promote the development of a variety of businesses, public facilities and housing types throughout the 25-year planning period in order to stabilize its population. The analysis and projection of population are at the center of all planning decisions. This process assists in understanding important changes which have and will occur throughout the planning period. Estimating population size is critical to a planning process. Further, projecting the population of a community or county is extremely complex. Because projections are based on various assumptions about the future, projections must be carefully analyzed and continually reevaluated. Blair Comprehensive Plan Update - 2029 Chapter 3 3.1 Population ........................ Table 3.1 identifies population trends -and projections for the City of Blair, from 1980 through 2029. The Planning Steering Committee of the City of Blair selected the medium projection of 10,645 persons as the preferred population of the City, by 2029. All subsequent tables utilize this medium projection of 10,645. By using this projection, it is estimated, the population of Blair will increase 6.1 percent from 2004 to 2029, and reach a 2029 population of 10,645 persons. TABLE 3.1 POPULATION TRENDS AND PROJECTIONS CITY OF BLAIR, NEBRASKA 1980-2029 Pouulation TRENDS LOW PROJECTION 1930 1940 1950 1960 1970 1980 1990 2000 2004 2029 2, 791 3,289 3,815 4, 931 6,106 6,418 6,860 7,512 7,814 10,122 Total Change Perc;~$rzt Annual Change Percent 498 17.8% 49.8 1.$% 526 16.0% 52.6 1.6% 1,116 29.3% 111.6 2.9% 1,175 23.8% 117.5 2.4% 312 5.1% 31.2 0.5% 442 6.9% 44.2 0.7% 652 9.5% 65.2 1.0% 302 4.0% 75.5 1.0% 2,308 29.5% 92.3 1.2% 2009 8,314 500 6.4% 100.0 1.3% 2014 8,904 590 7.2% 118.0 1.4% MEDIUM 2019 9,465 561 6.3% 112.0 1.3% PROJECTION 2024 10,033 568 6.0% 113.6 1.2% 2029 10,645 612 6.1% 122.4 1.2% HIGH PROJECTION 2029 11,105 3,291 42.1% 131.6 1.7% Source: 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update- 2029 Chapter 3 3.2 Population Table 3.2 identifies population age distribution for Characteristics ................. the City of Blair, from 1990 to 2029. By 2029, it is estimated that the 35-54 age group will comprise the largest portion of the population, with 3,481 persons. The 85+ years age group is estimated to remain the smallest age group, with a population of 412, in 2029, a 136 person increase from the 2004 estimate. Median age in the City of Blair increased from 34.4 years of age to 35 years of age, or by 0.6 percent, from 1990 to 2000. Between 2004 and 2029, median age will increase an estimated 2.1 percent, from 35.4 to 37.5 years of age. TABLE 3.2 POPULATION AGE DISTRIBUTION CITY OF BLAIR, NEBRASKA 1990-2029 1990-2000 2004-2029 Age Group 1990 2000 Change 2004 2029 (MED.) Change 19 and Under 1,999 2,187 +188 2,244 2,858 +614 20 - 34 1,488 1,566 +78 1,652 1,987 +335 35 - 54 1,588 2,018 +430 2,112 3,481 +1,369 55-64 568 584 +16 614 714 +100 65-74 545 491 -54 490 612 +122 75-84 456 413 -43 426 581 +155 85+ 216 253 +37 276 412 +136 TOTALS 6,860 7,512 +652 7,814 10,645 +2,831 Median Age 34.4 35.0 0.6 35.4 37.5 +2.1 Source: 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update- 2029 Chapter 3 3.3 INCOME TRENDS AND PROJECTIONS Household Income............ Table 3.3 identifies household income trends and projections for Blair, Nebraska, from 1990 to 2029. By 2029, it is estimated that 1,932 households, in Blair, will have a household income of $50,000 or more, a 53.8 percent increase from 2004. The number of households with incomes less than $10,000 is estimated to decrease by 34.4 percent, from 2004 to 2029. This would include 122 households, as of 2029, that will have a total household income of less than $10,000, or a decline of 288 households between 1990 and 2029. Median household income was $41,214 in 2000, an increase of 56.8 percent from 1990. In 2004, the median household income in the City is estimated to by at $48,700. During the next 25 years, median household income is expected to increase by 49.9 percent, to $73,000. TABLE 3.3 HOUSEHOLD INCOME TRENDS AND PROJECTIONS - ALL HOUSEHOLDS 1990-2029 Change % Change Income Group 1990 2000 1990-2000 2,004 -2029 (MED. 2004-2029 Less than $10,000 410 222 -45.9% 186 122 -34.4% $10,000 - $19,999 308 362 +17.5% 351 200 -43.0% $20,000 - $34,999 595 644 +8.2% 694 1,114 +60.5% $35,000 - $49,999 518 486 -6.2% 497 854 +71.8% $50,000 or More 456 1,155 +153.3% 1,256 1,932 +53.8% TOTALS * 2,287 2,869 +25.4% 2,984 4,222 +41.5% Median Income $26,288 $41,214 +56.8% $48,700 $73,000 +49.9 * Specified Source : 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update- 2029 .Chapter 3 3.4 Social Security Table 3.4 identifies persons receiving Social Recipients ........................ Security Income in Washington County, Nebraska, in 2000. A total of 2,915 persons received social security income in Washington County, in 2000, while 76 persons received supplemental social security income. -TABLE 3.4 PERSONS RECEIVING SOCIAL SECURITY INCOME WASHINGTON COUNTY, NEBRASKA 2000 Social Security Income Retirement Benefits Wives and Husbands Retired Workers Children Survivor Benefits Widows and Widowers Children Number of Beneficiaries Washington County Disability Benefits Disabled Workers Wives and Husbands Children TOTAL Aged 65 or Older Men Women TOTAL Supplemental Social Security Income (1997 Aged (65+) Blind and Disabled TOTAL Source: Department of Health and Human Services, Social Security Administration, 2000 Hanna:Keelan Associates, P.C., 2004 15 61 76 210 1,995 10 345 90 185 5 75 2,915 980 1, 330 2,310 Number of Beneficiaries Washington County Blair Comprehensive Plan Update- 2029 Chapter 3 3.5 Per Capita Table 3.5 identifies per capita income, in Income ............................. Washington County, Nebraska, from 1990 to 2029. From 1992 to 2000, per capita income increased 51.9 percent, in Washington County. It is estimated to increase another 143.9 percent, from 2004 to 2029. Per capita income, in Washington County, is expected to be $9,000 higher than for the State of Nebraska, in 2029, growing 12.3 percent faster than the per capita income of the State. TABLE 3.5 PER CAPITA INCOME TRENDS AND PROJECTIONS WASHINGTON COUNTY, NEBRASKA / STATE. OF NEBRASKA 1990-2029 Washington County Income 1992 $20,242 1993 $20,460 1994 $21,773 1995 $22,660 1996 $24,675 1997 $25,922 1998- $27,100 1999 $28,868 2000 $30,393 2001 $30,749 1992-2000 $20,242-$30,749 2004-2029 $33,700-$82,200 Source: Bureau of Economic Analysis U.S. Department of Commerce, 2001 Hanna:Keelan Associates, P. C., 2004 Change +1.1% +6.4% +4.1 +8.9% +5.1 +4.5% +6.5% +5.3% +1.2% +51.9% +143.9% Nebraska Income $19,575 $20,001 $20,942 $21,903 $23,670 $24,148 $25,541 $26,656 $27,630 $28,861 $19,575-$28,861 $31,600-$73,200 Change +2.2% +4.7% +4.6% +8.1% +2.0% +5.8% +4.4% +3.7% +3.9% +41.1% +131.6% Blair Comprehensive Plan Update- 2029 Chapter 3 3.6 Owner and Renter Table 3.6 identifies owner and renter housing Housing Costs ................... costs as a percentage of household income in Blair, Nebraska, in 2000. Over all, 371 owner households (21.1 percent of the total 1,758 owner households) and 257 renter households (31.1 percent of the total 827 renter households) spent 30 percent or more of their household budget on housing, and are thus "cost burdened". TABLE 3.6 OWNER AND RENTER HOUSING COSTS AS A PERCENTAGE OF HOUSEHOLD INCOME CITY OF BLAIR, NEBRASKA 2000 Owner Renter All Income Categories Households Households Households Less than $10,000 87 129 216 Less than 30 Percent 9 32 41 30 Percent or More 78 97 175 $10,000 to $19,999 157 169 326 Less than 30 Percent 77 50 127 30 Percent or More 80 119 199 $20,000 to $34,999 292 265 557 Less than 30 Percent 214 233 447 30 Percent or More 78 32 110 $35,000 to $49,999 313 147 460 Less than 30 Percent 257 138 395 30 Percent or More 56 9 65 $50,000 or More 909 117 1,026 Less than 30 Percent 830 117 947 30 Percent or More 79 0 79 TOTALS (Specified) 1,758 827 2,585 All Incomes Less than 30 Percent 1,387 (78.9%) 570 (68.9%) 1,957 (75.7%) 30 Percent or More 371 (21.1%) 257 (31.1%) 628 (24.3%Z TOTALS (Specified) 1,758 (100.0%) 827 (100.0%) 2,585 (100.0%) Source: 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.7 Cost Burdened Table 3.7 identifies households with housing Households ....................... problems/cost burdened area median income in the City of Blair and Washington County, in 1990 and 2002. Cost burdened households are households with housing problems directly related to the total household income in comparison to the Area Median Income (AMI). If the total household income is equal to, or less than 80 percent AMI, the household is experiencing housing problems and is cost burdened. Generally, 20 percent of all households with housing problems and/or cost burdened are at 0 to 30 percent AMI, 28 percent of households are between 31 and 50 percent AMI and 51 percent are between 51 and 80 percent AMI. These percentages are nearly identical for both the City of Blair and Washington County as a whole. The elderly comprise 50 to 65 percent of both the 0 to 30 percent and the 31 to 50 percent categories. Young persons and families comprise the majority of the households between 51 and 80 percent AMI. Blair Comprehensive Plan Update - 2029 Chapter 3 3.8 > ti , TABLE 3.7 HOUSEHOLDS WITH HOUSING PROBLEMS /COST BURDENED AREA MEDIAN INCOME (AMI) CITY OF BLAIR /WASHINGTON COUNTY, NEBRASKA 1990 / 2002 BLAIR RENTERS OWNERS All All TOTAL 1990 Elderly Others Total Elderly Others Total (% of Total) 0%-30% AMI 63 50 113 83 32 115 228 (19.9%) 31%-50%AMI 66 80 146 99 80 179 325 (28.4%) 51%-80% AMI 25 158 183 183 226 409 592 (51.7%) TOTALS 154 288 442 365 338 703 1,145 2002 0%-30%AMI 79 60 139 101 36 136 275 (20.0%) 31%-50% AMI 84 96 180 121 92 213 393 (28.5%) 51%-80% AMI 34 191 225 223 263 486 711 (51.5%) TOTALS 197 347 544 445 391 835 1,379 WASHINGTON RENTERS OWNERS COUNTY All All TOTAL 1990 Elderly Others Total Elderly Others Total ~% of Total) 0%-30% AMI 141 111 252 185 70 255 507 (19.9%) 31%-50%AMI 147 177 324 221 178 399 723 (28.4%) 51%-80%AMI 56 351 407 406 502 908 1,315 (51.7%) TOTALS 344 639 983 812 750 1,562 2,545 2002 0%-30% AMI 177 133 310 224 79 303 613 (20.0%) 31%-50% AMI 186 213 399 269 205 474 873 (28.5%) 51%-80% AMI 75 426 501 496 584 1,080 1,581 (51.5%) TOTALS 438 772 1,210 989 868 1.857 3.067 Source: 1990, 2002 CHAS Table 1C Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.9 EMPLOYMENT AND ECONOMIC TRENDS The most recent employment data available for Washington County is shown from the Nebraska Department of Labor. These figures are only available for counties, thus Blair is represented by them. Civilian Labor Force Table 3.8 identifies civilian labor force and and Employment ............. employment trends and projections in Washington County, from 1980 to 2029. Between 2004 and 2029, it is anticipated that an additional 5,563 employees will be added in Washington County. The rate of unemployment in Washington County has fluctuated between 2.2 and 4.7 percent, from 1980 to 2000. In 2004, the estimated unemployment rate is 3 percent, which is expected to remain stable for the next 25 years, with an estimated 3.1 percent unemployment rate in 2029. TABLE 3.8 CIVILIAN LABOR FORCE AND EMPLOYME NT TRENDS -AND PROJECTIONS WASHINGTON COUNTY, NEBRASKA 1980-2029 Washington County 1980 1990 2000 2004 2029 Civilian Labor Force 7,339 9,019 10,887 11,851 17,601 Unemployment 341 198 264 361 548 Rate of Unemployment 4.7% 2.2% 2.4% 3.0% 3.1% Employment 6,998 8,821 10,623 11,490 17,053 Change in Total Employment Number Annual % Change % Annual 1980-1990 +1,823 +182.3 +26.1% +2.6% 1990-2000 +1,802 +180.2 +20.4% +2.0% 2004-2029 +5,563 +556.3 +49.3% +2.0% Source: Nebraska Department of Labor, Labor Market Information, 2001 Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.10 Work Force Table 3.9 identifies work force employment by Employment .................... type in Washington County, Nebraska, from 1993 to 2003. During this period, increases existed in the Manufacturing, Construction and Mining, Financial, Insurance and Real Estate and Services sectors. TABLE 3.9 WORK FORCE EMPLOYMENT BY TYPE WASHINGTON COUNTY, NEBRASKA 1991-2000 Work Force Non-Farm Employment (Wage and Salary) Manufacturing Durable Non-Durable Non-Manufacturing Construction & Mining Trans., Comm., Utilities** Trade Retail Wholesale Fin, Ins. & Real Estate*** Change % Change 1993 1998 2003 1993-1998 1998-2003 5,181 6,697 8,097 +29.3% +20.9% 555 1,006 1,012 467 * * 87 4,626 5,692 7,085 381 613 869 173 251 1,136 1,272 1,207 923 1,091 945 213 181 262 146 211 250 +81.3% * * +23.0% +60.9% +45.1% +12.0% +18.2% -15.0% +44.5% +0.6% * * +24.5% +41.8% * -5.1% -13.4% +44.8% +18.5% I Services 1, 364 1, 844 2, 361 Government 1,427 1,502 1,653 Federal 44 52 54 State 28 27 25 Local 1, 355 1, 423 1, 573 ~, *Data not available because of disclosure suppression **Transportation, communication & Public Utilities ***Financial, Insurance & Real Estate Source: Nebraska Department of Labor, Labor Market, Information, 2004 Hanna:Keelan Associates, P.C., 2004 +35.2% +5.3% +18.2% -3.6% +5.0% +28.0% +10.1% +3.8% -7.4% +10.5% Blair Comprehensive Plan Update - 2029 Chapter 3 3.11 Employment in Table 3.10 identifies employment in county, for County/Blair ................... Blair, Nebraska, in 2000. A total of 2,113 residents of the City of Blair, or 53.2 percent, were employed within the City. TABLE 3.10 EMPLOYMENT IN COUNTY CITY OF BLAIR, NEBRASKA 2000 Blair Residents Place of Emnloyment Number Percent City of Blair 2,113 53.2% Outside of Blair 1,859 46.8% TOTALS 3,972 100.0% Source: 2000 Census Hanna:Keelan Associates, P.C., 2004 Economic Overall, the economic outlook for Blair could be Summary ........................ considered "good" for the planning period (2004 to 2029). Economic opportunities exist, as the population diversifies and jobs expand in Washington County. Additional commercial businesses in Blair, should be pursued to provide a wider variety of retail commerce to residents of Blair. The existing local based businesses and agricultural related industries provide the City with a stable economic base. Blair Comprehensive Plan Update - 2029 Chapter 3 3.12 HOUSING PROFILE AND PLAN COMMUNITY HOUSING CONDITIONS Community housing profile ............................... The Housing component of the Blair Comprehensive Plan serves to profile and analyze the existing housing stock in the City of Blair and determine the demand for housing activities during the planning period (2004 to 2029). The following information includes the documentation of pertinent U.5. Census information and the identification and analysis of future housing characteristics and demand. ~t should be the goal of any community to provide safe, decent and affordable housing for its residents, regardless of race or social and economic status. " The Blair housing stock is comprised of a variety of housing types ranging from single family homes to mobile homes. The highest percentage of residential land area is occupied by single family homes. Table 3.11 identifies the 1990 and 2000 Blair housing stock and substandard housing conditions, based on Census data. From 1990 to 2000, there was an increase in the Blair housing stock by 318 units. A total of 1.7 percent of the housing stock in Blair had overcrowding conditions in 2000, and 0 units lacked complete plumbing. Building trends ................ New housing units constructed in Blair between 1990 and 2000 equaled 70. TABLE 3.11 HOUSING STOCK PROFILE/UNITS IN STRUCTURE TYPE CITY OF BLAIR, NEBRASKA 1980, 1990, 2000 Number of Units 1 unit 2 - 9 units 10+ units Mobile Homes Total 1980 1,872 293 212 61 2,438 1990 1,975 443 175 124 2,717 2000 2,196 441 338 60 3,035 Source: 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.13 Occupancy/Vacancy Table 3.12 summarizes estimated housing stock Status ..................... occupancy and vacancy status in Blair, Nebraska, for 2000. The 2000 Census recorded a total of 3,033 units, with 2,871 occupied and 162 vacant. Occupied units consisted of 1,947 owner occupied and 924 renter occupied households. Vacant housing units consisted of seasonal and/or vacant housing units neither for sale nor rent and vacant year-round housing units. Vacancy demand represents the minimum number of dwelling units required to allow for: 1) greater choice and selection for potential home buyers/renters and 2) elimination of substandard living units which are detrimental to the health and safety of the occupant(s). TABLE 3.12 HOUSING STOCK OCCUPANCY /VACANCY STATUS CITY OF BLAIR, NEBRASKA 2000 a) Total Housing Stock Count 3,033 b) Vacant Housing Units 162 c) Occupied Housing Units 2,871 Owner Occupied 1,947 *Renter Occupied 924 d) Housing Vacancy Rate 5.3% Owner Vacancy Rate 1.3% *Renter Vacancy Rate 9.0% Source: 2000 Census Hanna:Keelan Associates, P.C., 2004 However, when the vacancy rate is identified between owner and renter housing units, the City of Blair only had 1.3 percent of its owner occupied housing units identified as vacant. A standard community vacancy rate is 5 percent. This rate may fluctuate higher or lower for different time periods, depending upon the anticipated population growth and overall structural condition of the existing housing stock. The 2000 year-round housing vacancy rate, in Blair, was 5.3 percent for year-round housing stock, or 162 units. Blair Comprehensive Plan Update - 2029 Chapter 3 3.14 Age of Housing Table 3.13 identifies year structure built in Blair, up Stock ................................. to 2004. At least 25.1 percent of the housing stock in Blair was over 65 years of age. The highest number of housing units built in Blair, since 1939, was 594 units, constructed during the period of 1970 to 1979. TABLE 3.13 YEAR STRUCTURE BUILT CITY OF BLAIR, NEBRASKA 2004 Year Housing Units Percent 1999 to March 2004 41 1.4% 1995 to 1998 262 8.6% 1990 to 1994 133 4.4% 1980 to 1989 339 11.2% 1970 to 1979 594 19.6% 1960 to 1969 402 13.2% 1940 to 1959 502 16.5% 1939 or Before 762 25.1% TOTALS * 3,035 100.0% %1939 or Before 25.1% * Specified Source: 2000 Census Hanna:KeelanAssociates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.15 Household Table 3.14 identifies trends and estimates Characteristics......... projections of household characteristics for the City of Blair. The number of persons per household has decline steadily since the 1980 Census when 2.57 persons resided in each household in Blair. As of 2004, it is projected that persons per household has declined to 2.43, and during the next 25 years, the total of persons per household will decline to its lowest value since 1980, to 2.37 persons per household. TABLE 3.14 SPECIFIC HOUSEHOLD CHARACTERISTICS TRENDS AND PROJECTIONS CITY OF BLAIR, NEBRASKA 1980-2029 I Year 1980 1990 2000 2004 2029 Population 6,418 6, 860 7,512 7,814 10,645 * Medium Population Group Quarters 601 499 549 551 674 Source: 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Persons in Households 5,817 6, 6361 6,963 7,263 9,971 Households 2,277 2,584 2,871 2,989 4,207 Persons Per Households 2.57 2.46 2.43 2.43 2.37 Blair Comprehensive Plan Update - 2029 Chapter 3 3.16 Household Trends and An analysis of household characteristics provides a Projections ....................... profile of data necessary to plan for a community. Recent trends in household characteristics, combined with income, employment and population data can assist in determining the overall future needs of a planning area. Table 3.15 depicts specific tenure by household trends and projections, in Blair, for the period 1980 to 2029. By 2029, an estimated 34.6 percent of the total community population will reside in a rental unit. This will equal an increase of 484 renter households, from 2004 to 2029. The number of owner households are also expected to increase, by 734 households, during that same time period. TABLE 3.15 TENURE BY HOUSEHOLD TRENDS AND PROJECTIONS CITY OF BLAIR, 1VEBRASKA 1980-2029 Total Owner Renter Year Households Number Percent Number Percent 1980 2,277 1,583 69.5% 694 30.5% 1990 2,584 1,767 68.4% 817 31.6% 2000 2,871 1,947 67.8% 924 32.2% 2004 2,989 2,017 67.5% 972 32.5% 2029 4,207 2,751 65.4% 1,456 34.6% * Medium Population Increase 2004-2029 1,218 734 60.2% 484 39.8% Source: 1980, 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.17 Housing Tables 3.16 and 3.17 identify trends and projections for Costs ................................ both contract rent and owner occupied housing values. By 2029, the median monthly rent in Blair will be an estimated $901, an increase of 95.8 percent, from 2004. The median owner occupied housing value will also increase, an estimated 98.2 percent between 2004 and 2029, to $206,500. TABLE 3.16 CONTRACT RENT CITY OF BLAIR, NEBRASKA 1990-2029 Change RENTER MEDIAN COST 1990 2000 2004 2029 2004-2029 Less than $150 117 67 63 21 -66.6% $150 - $249 265 112 100 45 -55.0% $250 - $299 145 12 23 54 +134.7% $300 or More 237 645 784 1,341 +71.0% TOTALS 764 836 970 1,461 +50.6% Median Contract Rent .$250 $432 $460 $901 +95.8% Source: 1990, 2000 Census Hanna:KeelanAssociates, P.C., 2004 TABLE 3.17 OWNER OCCUPIED HOUSING VA LUE CITY OF BLAIR, NEBRASKA 1990-2029 Change OWNER MEDIAN COST 1990 2000 2004 2029 2004-2029 Less than $25,000 81 17 12 2 -83.3% $25,001 - $34,999 192 9 8 3 -62.5% $35,000 - $49,000 304 53 42 5 -88.1% $49,001 - $99,999 904 777 894 369 -58.7% $100,000 or More 98 902 1,058 2,382 +125.1% TOTALS 1,579 1,758 2,014 2,761 +36.8% Median Value $56,600 $101,900 $104,200 $206,500 +98.2% Source: 1990, 2000 Census Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 3 3.18 FUTURE The housing stock of a community is considered a basic HOUSING necessity, while the adequate supply of safe ar_d decent DEMAND housing is a key factor in a community's social and economic well being. As previously stated in this Comprehensive Plan, the City of Blair provides a variety of housing types for its population. The City makes a true effort to encourage both the construction of new housing and retaining its current residents. In 2000, an estimated 3,033 housing units existed in Blair. An estimated 5.3 percent of these units, or 162 units, were vacant. (See Table 3.12) Housing ~Tacancy Housing vacancy deficiency is defined as the number of Deficiency ......................... year-round, structurally sound vacant units lacking in a community, whereby the total percentage of vacant units is less than 5 percent on the total year-round units. A vacancy rate of 5 to 7 percent is the minimum rate recommended to allow a community to have sufficient housing available for both new and existing residents. The City of Blair had an overa112000 housing vacancy rate of 5.3 percent. It is estimated that of the 162 vacant housing units, 93 of these are not marketable, or ready for immediate occupancy, reducing the housing vacancy rate of available, sound housing stock to an estimated 2.3 percent. The City of Blair has a housing vacancy deficiency demand, an estimated 82 units. HOUSING DEMAND- Also considered in the future housing demand for Blair NEW HOUSEHOLDS, are new households expected during the 25 year REPLACEMENT, planning period, households living in substandard units AFFORDABLE and households experiencing a cost overburden. DEMAND A substandard unit is defined as a unit lacking complete plumbing plus the number of households with more than 1.01 persons per room. Persons experiencing rent or owner cost overburden are persons paying more than 30 percent of their income towards housing. Consideration is also given to the number of new households, demolitions, and any other projects in the planning stage for the designated community. Based on this criteria, an additional 1, 743 housing units could potentially be developed in Blair, 2029. Blair Comprehensive Plan Update - 2029 Chapter 3 3.19 "Pent-up" Housing In addition to the previously discussed housing demand Demand ............................ and deficiency factors, the "pent-up" housing demand for current residents in the community, desiring and having the capacity to afford alternative housing, must also be considered. This is a highly speculative demand and one which must be locally promoted and market driven by resident desire. The process to monitor this desire, however is somewhat difficult to determine and implement. An estimated 136 additional housing units will, be needed in Blair, by 2029, to meet the Community's pent-up demand. Total Housing The total estimated housing demand, or housing Demand ............................ potential, in Blair by 2029 is 1,961 units. This includes the combined consideration of new households, replacement housing (for dilapidated structures), affordable housing for low to moderate income elderly and families and a "pent up" demand for alternative housing for existing residents of Blair. The 1,961 units would equal an estimated 1,181 owner units and 780 rental housing units. The most appropriate future type of rental housing for Blair would be single family dwellings and two-bedroom duplexes. This type of housing would be attractive to both non-elderly families or elderly households. Future owner housing should include the construction of entry- level housing for first-time homebuyers. Table 3.18 summarizes the projected housing demand potential, in Blair, by 2029. Blair Comprehensive Plan Update - 2029 Chapter 3 3.20 TABLE 3.18 PROJECTED HOUSING DEMAND POTENTIAL CITY OF BLAIR, NEBRASKA 2029 Owner Renter New Households 734 484 5% Vacancy 36 24 60% Cost Burdened 222 154 60% Substandard (HUD) 53 36 SUBTOTALS 1,045 698 Vacancy Deficiency 60 22 Pent Up Demand 76 60 TOTALS 1,181 780 Source: 2000 Census Hanna:Keelan Associates, P.C., 2004 Housing The creation of a new and improved housing stock in Implementation ................ Blair will depend on the implementation of development activities by both the public and private sectors, both independent of one another as well as a team. A program to remove substandard housing and, if necessary, relocate tenants will be needed to improve the overall character of the City as well as to provide a safe and decent housing stock. New construction activities, to create both modern owner and renter housing, will need to be implemented as soon as possible. The strategic planning and locating of these units will heighten the City's ability to grow. The City of Blair should create and implement aTen- Year Housing Initiative, in an effort to meet its future population goals. This Housing Initiative should be developed by a team of concerned citizens from both the public and private sector. At a minimum, the Initiative should address the following: • Develop a marketing plan to promote Blair as a place to live and retire. Blair Comprehensive Plan Update - 2029 Chapter 3 3.21 Join efforts with other smaller communities in Washington County to establish a program to increase the capacity of local builders and developers to produce more housing units. This program should concentrate on increasing the number of trades and skilled construction labor in the Blair area. • The identification and scheduling of housing projects, both new and rehabilitation, most appropriate for Blair, including both subsidized and non-subsidized housing projects. The identification of land areas for both renter and owner housing. Areas should include land inside the City. Projects planned for these areas should be compatible with adjacent land uses. Review and modify local ordinances, as well as the overall political decision-making process as it pertains to residential development. This effort should attempt to eradicate any and all impediments to residential development or rehabilitation. Identification of financial resources to finance residential development in Blair, including both public and private sources. Washington County lending institutions should form a partnership for financing housing projects. and Establish the necessary organizational structures for the creation of housing projects in Blair, including the securement of land for future developments. At a minimum, utilize the housing development services of the Washington County CHDO and Northeast Nebraska Development District to complete needed affordable housing projects. Blair Comprehensive Plan Update - 2029 Chapter 3 3.22 HOUSING To produce new and upgrade both renter- and owner RESOURCES occupied housing in Blair, the community, in partnership with the private sector, must access housing programs to reduce the cost of development and/or long- term operations. The following information identifies funding sources and programs available to assist in financing the housing demand in Blair. The strategic combination of two or more sources can assist in reducing development and/or operational costs of proposed affordable housing projects. Local Funding Options A document entitled Affordable Housing Resource Programs -Inventory, distributed by the Nebraska Department of Economic Development identifies and defines all available housing programs. Local funding for use in housing development and improvement programs are limited to two primary sources: (1) local tax base and (2) dollars secured via state and federal grant and loan programs, which are typically only available to local units of government (City, or County). Local Tax Base .................. Utilizing the Nebraska Community Development Law, Blair has created a Community Development Agency. This Agency has taken the power to study and declare areas of the community as blighted/ substandard, created a redevelopment plan and is anticipating the utilization of Tax Increment Financing for commercial, industrial and residential oriented public improvements. Statewide Federal The primary funding grants available to local Grants to the municipalities is the Community Development Block Local Limit of Grant (CDBG), administered by the Nebraska Government ...................... Department of Economic Development (DED). The CDBG provides funding for both community and housing development programs to assist in financing both owner- and renter occupied rehabilitation, residential building conversions, First Time Homebuyers program and infrastructure for housing activities. Blair Comprehensive Plan Update - 2029 Chapter 3 3.23 DED is also the administrator of HOME funds. HOME funds are available to authorized, local or regional based Community Development Housing Organizations (CHDOs) for affordable housing repair and/or new construction. An annual allocation of HOME funds is established for CHDOs, based on individual housing programs. The Nebraska Homeless Shelter Assistance Trust Fund and Emergency Shelter Grant also exist to assist local or regional based groups in the provision of housing improvements for homeless and for persons and families "at risk" of becoming homeless. Housing The Housing Trust Fund, also administered by DED, Tricst Fund ....................... is available as financing for affordable housing programs. NIFA ................................. The Nebraska Investment Finance Authority is a leader in providing finance for housing, including both owner and renter housing stock. Programs range from Low-Income Housing Tax Credits, arent-to-own program, tax-exempt bond financing, to a single family mortgage program. NEO .................................. Another important State funding source available to be pooled with other resources or operate independently is available through the Nebraska Energy Office (NEO). Region Funding The Federal Home Loan Bank (FHLB), located in Topeka, Kansas also provides funding for affordable housing activities. The FHLB joins forces with a local lending institution to provide "gap" financing rental programs. Blair Comprehensive Plan Update - 2029 Chapter 3 3.24 ~ i Federal Funding The two primary providers of federal funding to Nebraska for housing development, both new construction and rehabilitation, are HUD and RD (formerly the Farmers Home Administration). Housing programs provided by these groups are typically available for local base nonprofit developers. Funds from these programs are commonly mixed or pooled with other public funding sources, as well as conventional financing. HUD .................................. a) Section 202 Program - Provides a capital advance to nonprofit developers for development of elderly rental housing for either independent living or congregate (frail elderly) living. The program provides 100 percent financing, with a capital advance (no repayment loan) and operational subsidy. b) Section 811 Program - Provides a capital advance to nonprofit developers for development of renter housing for persons with disabilities. The program provides 100 percent financing with an operational subsidy. and c) Mortgage Insurance -The HUD 221(d)(3) or 221(d)(4) provides up to 100 percent mortgage insurance for nonprofit developers [(d)(3)] and 90 percent mortgage insurance coverage for profit- motivated developers [(d)(4)]. Permanent financing can be provided via the public funds (i.e., CDBG, HOME) and/or conventional financing. USDA RD .......................... a) Section 515 Program - Provides a direct interest subsidized loan for the development of family and elderly housing, including congregate, and rental housing for persons with a disability. Rent subsidy is also available, as per demand. A Section 538 mortgage insurance program for multifamily housing is also available. Blair Comprehensive Plan Update - 2029 Chapter 3 3.25 b) Section 502 Program -Provides either a mortgage guarantee or direct loan for single family home-ownerships for low- and moderate-income persons/families, including persons with a disability. c) Community Facilities Program -Provides a direct, interest subsidized loan for a variety of specific projects, community facility improvement programs including new construction or housing rehabilitation for "special populations." d) Business and Industries Program - RD's allows its Business and Industries program to assist in financing assisted living housing for elderly, utilizing a long term mortgage guarantee. and Financial "Pooling" e) Preservation Program -Administered by qualified local and regional organizations/agencies to assist in housing rehabilitation programs in Nebraska communities. This could include a local based, planned program of home modification income eligible to low/moderate-income persons and families. Financial "pooling" of funding sources is defined as the mixing of two or more program resources to obtain a total operating fund capable of meeting a specific housing program budget. Previously described were local, state and federal funding sources, all suitable to meet the safe, affordable and accessible housing needs of low/moderate income persons and families. Each of these funding sources have "rules" of allocation, as it relates to the use of dollars for housing development and recipient qualifications. The mixing of funds results in the mixing of rules, thus more time attributed to administration. Blair Comprehensive Plan Update - 2029 Chapter 3 3.26 The majority of funding sources discussed are only available to nonprofit organizations, typically local, community based groups having awell-defined mission statement and plan for housing low/moderate income persons. These organizations are typically of a 501(c)(3) tax-exempt status. The securement and eventual "pooling" of public funding sources is enhanced by the use of private, conventional financing. This informs public providers that a good faith effort is being made by an organization to create a workable public/private partnership. This partnership not only creates a greater amount of dollars for a specific housing program but relays a message to the community that the private sector is in support of the program. Blair Comprehensive Plan Update - 2029 Chapter 3 3.27 CHAPTER 4 Land Use c~ Development CHAPTER, 4 LAND USE. & DEVELOPMENT THE B UILT ENVIRONMENT HISTORICAL OVERVIEW The built environment of Blair has been based upon the foundation of the decisions made by the forefathers of the Community. Routes chosen by the Sioux City & Pacific Railroad Company in 1869 set up a sequence of events that led to the platting of the Original Town, by Mr. John I. Blair. Original streets were laid out in a standard grid-iron plan, both parallel and perpendicular to the railroad corridor (true east/west, north/south). A network of streets ultimately set the fabric of the built environs of the Downtown and original residential neighborhoods. The characteristics of these neighborhoods, such as tree lined brick streets and a variety of late nineteenth and early twentieth century architectural styles, are the unique features that give these areas their historic significance and character. Many of the land use areas, beyond the core of the original community, are direct results of the natural characteristics of the topography, drainage ways and scenic vistas of the Missouri River valley. Residential subdivisions are the most likely land use type to take advantage of the drastic changes in elevation by constructing unique residential neighborhoods into the side of the slopes, or on the crests of the "bluffs." The City of Blair will be challenged during the next 25 years to continue growth and development patterns TxE NEXT 25 YEARS that complements the existing developed areas of the community. Maintaining the importance of parks and natural open spaces that combine with the man-maid environs is recommended to creating a community that is a cohesive whole. Blair Comprehensive Plan Update - 2029 Chapter 4 4.1 next 25 years, This Comprehensive Plan 25-year update, 2004 to continued ............ 2029, is planned to provide for the natural extension of infrastructure, to ensure that the identified growth areas provide future residents with the same standards of utilities, streets and open spaces that residents of Blair have enjoyed since its founding. Designating the proper land uses adjacent existing and future Highway corridors (Highways 30, 75, 91 and 133, as well as the planned Highways 30/75 expressway) is essential to the future of the City of Blair. The general consensus is to preserve the importance of the commercial Downtown, by decreasing traffic congestion, while allowing for controlled growth of highway commercial uses along east and west Highway 30, and even more limited commercial growth southeasterly along Highway 75. Industrial growth is to primarily occur in its current locations in the southeast, east and northeast portions of the planning jurisdiction. Land use is important within the neighborhood districts, as well. Transportation systems in each neighborhood should meet the residents' daily needs. A few neighborhoods lack needed amenities, have conflicting land uses and need to be redeveloped to improve the quality of life for the current and future residents of Blair. EXISTING LAND USE Existing Land Use within the corporate limits and ANALYSIS the two-mile planning jurisdiction is addressed in Illustration 4.1. Table 4.2 compares the results of the 1980, 1996 and 2004 Comprehensive Plan Updates. Table 4.1 identifies the Existing Land Use in Blair, per land use type and acres per 100 people. As a reference, the planning standard for acres per 100 people per land use category is also shown. The total area within the City of Blair is approximately 3,140.1 acres. This total acreage represents an increase of 490 acres, since 1996 (2,650 acres). Blair Comprehensive Plan Update - 2029 Chapter 4 4.2 VACANT LANDS AND NEW Vacant lands associated with the annexation of several HOUSING STARTS subdivisions between 1996 and 2004 accounted for approximately 427 additional acres, available for development. New housing construction is evident in all portions of the City, with the highest concentration of new housing being constructed in the north-central portion of the Community. Recent commercial expansions of existing businesses in Blair have also expanded the corporate limits of this growing community. TABLE 4.1 EXISTING LAND USE BLAIR, NEBRASKA 2004 Percent Acres per Planning Land Use Acreage Developed 100 People Standard Parks/Recreation 207.1 6.6% 2.68 2 Public/Quasi-Public/Parks 280.4 8.9% 3.62 2.8 Residential 821.9 26.2% 10.62 10 Single Family 755.3 24.1% 9.76 7.5 Multifamily 10.7 0.3% 0.14 2 Mobile Home 55.9 1.8% 0.72 0.5 Commercial 169.2 5.4% 2.19 2.4 Industrial 111.6 3.6% 1.44 2.3 Railroad Corridor 58.4 1.9% 0.75 - - Streets/Allevs 504.1 16.1% 6.52 - - TOTAL DEVELOPED 2,152.7 68.6% 27.82 - - Vacant 987.4 31.4% 12.76 - - TOTAL AREA 3,140.1 100.0% 40.59 - - Source: Hanna:Keelan Associates, P.C., 2004 Blair Comprehensive Plan Update - 2029 Chapter 4 4.4 The following provides a profile of existing land uses in the City of Blair, Nebraska: VACANT/AGRICULTURAL Vacant and/or Agricultural land in Blair equals an estimated 987 acres, or more than 31 percent of the total platted City area. No planning standards exist for this land use classification. An estimated 25 percent of the vacant lands in Blair are undevelopable due to steep slopes, flood plains or unsuitable soils. PUBLIC/QUASI-PUBLIC Public/Quasi Public land acreage in Blair totals an estimated 280 acres, just under 9 percent of the total platted area of Blair. This land use type includes parks, churches, public and private schools, Dana College, and a variety of municipal buildings. Public/Quasi- Public lands equals an estimated 3.62 acres per 100 people, or nearly 30 percent more than the minimum recommended planning standards. RESIDENTIAL Residential land usage occupies an estimated 26 percent of the total area of the City. The 10.62 acres per 100 persons in Blair is only 6 percent higher than current planning standards. Single Family land occupies largest amount of land within the City of Blair. Single family uses are currently 30 percent higher than the recommended planning standard of 7.5 acres per 100 people. Multifamily land usage in Blair equates to an estimated 10.7 percent of the Community's total land area. This total is approximately 50 percent less than the acres needed top 100 people, based on current standards. Mobile Homes comprise an estimated 0.48 percent of the total platted land within the corporate limits of Blair. An estimated 12.6 acres of mobile home park areas exceeds recommended standards by 44 percent. Blair Comprehensive Plan Update - 2029 Chapter 4 4.5 ~ . s COMMERCIAL Commercial land usage in Blair totals an estimated 169 acres. The amount of commercial property is just slightly under (8 percent) the recommended 2.4 persons per 100 people. Developing commercial property is occurring along highways in the southwest and eastern portions of the Community. INDUSTRIAL Industrial land use totals an estimated 112 acres of land within the corporate limits of the Community. Industrial acres per 100 persons total 1.44, which is 37 percent less than recommended planning standard of 2.3 acres per 100 persons. However, this total does not include the industrial uses located outside of the City of Blair. The southeastern industrial park occupies more than three times the amount of industrial lands included within the corporate limits. The following table, Table 4.2 compares the Existing Land Use field survey results of the 1980, 1996 and 2004 Comprehensive Plan Updates for the City of Blair. TABLE 4.2 EXISTING LAND USE CALCULATIONS BLAIR, NEBRASKA 2004 LAND USE TYPE 1980 1996 2004 Residential 458.9 885.0 821.9 Commercial 77.1 92.1 169.2 Industrial/TCU 79.0 86.7 111.6 Public/Quasi-Public 310.9 438.0 487.5 Streets, Alleys and RR 410.6 586.0 562.5 TOTAL DEVELOPED AREA 1,336.5 2,089.8 2,152.7 Vacant /Agriculture 1,063.5 560.3 987.4 TOTAL CORPORATE LIMITS 2,400.0 2,650.0 3,140.1 Source: 1980, 1996 Comprehensive Plans Hanna:Keelan Associates, Field Survey 2004 Blair Comprehensive Plan Update - 2029 Chapter 4 4.6 SUMMARY STATEMENT The City of Blair has continued to develop in a manner acceptable to the majority of its residents. The increases in both population and the growth of its total incorporated land area are testaments to a City that people want to live in. Primary new land use developments within the last eight years has been residential, commercial and industrial uses. Natural and man-made barriers exist in the City of Blair that influences the direction of growth. The Missouri River and associated "bottom lands" limit development due to floodplain and floodway areas, as well as shallow depth to ground water table. Steep slopes in western and southern Blair, provided by the loess hills soils of the Missouri River valley bluffs, resulted in a lower density of residential development. Although, the varied terrain has provided unique sites for dwellings tiered into the slopes and on the crests of the bluffs, only a limited number of sites have been developed in these areas. Man-made barriers to development have limited growth in areas such as the eastern and southeastern industrial areas that are beyond the corporate limits. Other barriers such as the railroad corridor and sewage treatment plant have equally influenced location decisions. Impediments ......... Impediments to land use development can only be addressed by a commitment of the Community to (1) reinvest in existing land uses and prepare redevelopment plans to produce more efficient land uses and (2) expand Community efforts to mitigate natural hazards by providing growth in non-sensitive areas. The analysis of existing land use conditions in Blair revealed a deficiency of multifamily, commercial and industrial acreage. These deficiencies should be corrected in the development of a new and balanced future land use plan for the City and its respective planning jurisdiction. Blair Comprehensive Plan Update - 2029 Chapter 4 4.7 FUTURE LAND USE PROFILE The Blair Planning Steering Committee selected a population growth model, that after careful consideration, was deemed acceptable to the majority of its representatives. The annual growth in population during the 25-year planning period is anticipated to be 1.2 percent through 2029, or an annual increase of 121 persons to the City of Blair. This growth will require special consideration be given to the identification of potential residential, commercial, planned open space and industrial land use acres. Annexation ........... Future annexation action will take place in the non- agricultural land use districts identified as residential, commercial, industrial and open space, within the Future Land Use Plan, Illustration 4.2. These tracts could be annexed at a point-in-time when in conformance with and meeting the criteria of Nebraska's State Statutes that address annexation. The inclusion of vacant lands with each parcel to be annexed is needed to provide an overall functional community land use system. To develop the community in the most efficient and orderly manner possible, the focus should be placed on the corporate limits of Blair. There presently exists an estimated 987 acres of vacant land within the Blair corporate limits. An estimated 475 acres are developable. Infill Developments .... The strategic development of infill lots and other vacant land areas within the corporate limits would allow for managed growth and the utilization of the existing infrastructure, including streets, electrical, gas, water, and sewer systems. Illustration 4.2 identifies the proposed Generalized Future Land Use Plan for the City's existing corporate limits and the extra-territorial planning jurisdiction. The following discussion describes the future land use needs of these areas. Blair Comprehensive Plan Update - 2029 Chapter 4 4.8 Available Tools for A combination of available tools were utilized to planning ............ formulate the Future Land Use Plan. (1) The Existing Land Use Map serves as the foundation by which cost effective decisions can be made for the extension of all necessary infrastructure and utilities can be extended to service potential growth areas. (2) A Community-Wide Survey instrument was distributed to every household, in Blair, to provide them the opportunity to respond to questions in terms of which directions the City should grow, for residential ,commercial, industrial and parks and open spaces. (3) A Community Open House and open ended invitation to attend Planning Steering Committee meetings also offered the opportunity to Blair residents to participate in the future planning process. Table 4.3, Expected Land Use Needs, utilized 2004 population and land use data to determine how much acreage would be needed to support the estimated population of 10,534 people as of 2029. TABLE 4.3 EXPECTED LAND USE NEEDS BLAIR, NEBRASKA 2029 Development National Acres Standards Planning 2029 Acre Land Use Tvpes 2004 2029 2004 2029 Standards Use Needs Vacant 987.4 527.4 12.8 5.0 NA -460.0 Parks/Recreation 207.1 211.0 2.7 2.0 2.0 3.9 Public/Quasi-Public 280.4 316.4 3.6 3.0 2.8 36.0 Residential 821.9 1,244.7 10.6 11.8 10.0 422.8 Single Family 755.3 1,181.4 9.82 11.2 7.5 426.1 Mobile Homes 55.9 21.1 0.7 0.2 0.5 34.8 Multifamily 10.7 42.2 0.1 0.4 2.0 31.5 Commercial 169.2 189.9 2.2 1.8 2.4 20.6 Industrial 111.6 126.6 1.4 1.2 2.3 14.9 Railroad Corridor 58.4 73.8 0.8 0.7 NA 15.4 Streets/Alleys 504.1 632.9 6.5 6.0 4.5 128.8 TOTALS 3,140.1 3,322.6 40.6 31.5 NA 182.6 Source: American Planning Association Hanna:Keelan Associates. P.C.. Blair Comprehensive Plan Update - 2029 Chapter 4 4.9 GU _~ o 'C V O ~ C y~ N i^~ N N O _ p ~ o ~ `v ~ LL L 7 U CL ~ ~ Cy V' 'N ~ y O U IL ~ = O <N 'd W ~ A'~ o° d y ~ c`°1i G' c ~ o O ~ m v~ eei ~ ~ ~ v y ~ U N ` ~ ate. K N _ ~ C F a~ 0 tU ~ N vI W o a1 v '~ ~ ~ v Y ~ ~ a a E .N a ~~ U ~ ,i !-- ~' .j r ~ ~ m ~F. ~ ~ ; ~ a ire 3 $$ _tl1~ d I ~,c 9 .v" ~ ~ Y i i... ~ ~ fro ~ ~• ~ ~ ~ ~ t .~ ~ ~ ~ ~~ ~i i ~ .._ i ~ a ~ M ~ r^ -•- _ a~ c f r ~- ~ ii ~ SPi ICI ~ 7 ~ fj ~ J ~ ~ ~~ ~ ~ i i~~! ! ~ a ti~l ~ ~ ~~ ~~ .:_ . i ., ~ lf~~ ~~~J ~e p~ ,.. ~ i W ~~ ._ i yY~N11slq i.if~ ~ 1 its iF ~ ~ al ~ ~~- ~' bi J r,,....- ~.~ --~ •~ ~Ri l~'i~-~A$9~~~ I[ ~ ~ ~ a~~1~ ~ / ~ ~ ~" ~' .~ ~ I .fir' I J ~~ ~ ~ ~~ q ~ ~ ~I I ~t ~ 9 1~ ~ x, ,; ~~. I 1 I ~~- m k~: ~ ~ 4 l ~ h'1"~+._ ~ ~ ~ ~ ~ ~ " ~ 1 ' rt V L3-- ~ ~ i ~ a. ~ . , P. ~ ~;'~ H ~ ~. ' , F~ ,a r~ ri i .. _. ~ ~~~,~~ k ~ 14 ~ ~ ~,.. j i ~ ~ ~~ .~ rJ ~ _ ( r~r ,~ P / a ! mx ~~~ e, T n w ~ i - ~ F ~ I~ ~ ~ 'j ~ i~ z t ~: ~.. -. ~ s ( b ~ ~ ~ ~~ ' t~ ~ t - { ~'~: , '~ . i ! ~ 1. + .~~. _.,.,i ~ r ,I i II j - +.~ c '' I ~ ~ ~ I fir '* 'I ' _ I`-- p Ni i ~ e~ {'~ r 4 ~; j 7 < << < i r ~ `~~ ~ ~.., l~ ~ ~ ~ E~ 7 i `-,~ ~ 1 ~ ~ r ... ~j J y ~x a i 5~ l ~ r 11 YY,', .~ ~ ~ t^.. -r ~ w~ ~ ~~ ~s ~ r ~.w ~:, i ~ s,, - a1 r ~ ~ ~~ ( ~Y i t 1 1 ~4 'f I r~ _ ~ 1 ~ ~~ r 7 ; ~ ~~. ~ v _ z a t;~ £ r ~ - r~. $ r ~ f S' z p ~ ~' ,~ vy If;Ni, ~ ~ '3" ~ f ~ t r F f +7 ~ I ~ it p - r - ~, l ~i ~ a l i ~, , 3 ~ .x Y' ~ ` r Y I - ~ ~~~ ~ ~t ~ Y~1 ale ~} ~~ ~-4 f V~i l k ~I _ I ' ~ V .j.y 4. I 'a~{^ 1l. J r ' ;, . '_ ~ .,,.~ .. _ ~ ~~' flk ~.~..i ~. .... RESIDENTIAL GROWTH Future residential development in and around the AREAS City of Blair should be the highest priority during the 25-year planning period. An estimated 422 acres will be needed to support the increased demand for a variety of types of residences during the next 25 years. This will be especially true if the City makes a conscious effort to provide additional affordable housing options to all income sectors. The Generalized Future Land Use Map, Illustration 4.2, identifies the newly designated residential areas in and around Blair as low- and medium- density and medium to high density multifamily residential uses. These designations will allow developers the option of providing a variety of housing for families, singles, older adults and special populations including the elderly and persons with mental or physical disabilities. The following narrative provides a description of the future residential land use compositions for the community. Single Family Growth Future Single Family development should Areas ............... first occur in established neighborhoods and developing subdivisions, both within and in close proximity to the City. Development and redevelopment efforts should focus on the construction of new dwellings upon vacant lots, or the replacement of severely deteriorated dwellings with new construction where all necessary infrastructure already exists. Secondly, the development of future, low density, single family subdivisions should be encourage within planned single family growth areas. The consensus of the Planning Steering Committee and the Community-wide Household Survey was that new single family construction should occur in planned growth areas to the north, northwest and then southern portions of the community. The cost of development in these growth areas will be significantly more expensive where all necessary infrastructure would need to be developed. Blair Comprehensive Plan Update - 2029 Chapter 4 4.11 Multifamily Growth Future Multifamily development is Areas ............... recommended to be utilized to buffer single family residential areas, both existing and planned areas, from more intensive uses such as commercial and industrial uses. In other instances, future multifamily land uses should be located in proximity to other facilities, such as parks and recreation areas, trails, schools, or high volume arterial streets and highways. Multifamily land uses are also planned in the two-mile planning jurisdiction. Areas such as between the west side of north 10th Street and Fish Creek (Camron Ditch); the east side of 10th Street, generally south of Wilber Street; and the southern portion of Blair, as a buffer between highway commercial uses along the east side of south Highway 30 and the single family neighborhood planned to the east of 16th Street. ADDITIONAL PARKS AND Parks and open spaces are also utilized to buffer OPEN SPACE different types of uses from one another, and also as a means to maintain natural drainage ways in proposed growth areas beyond the corporate limits. These drainage ways can also be utilized to extend the trails system of the City to expand recreational opportunities and create safe pedestrian and biking trails. These types of efforts establish strong ties to newly developing subdivisions that may have limited access roads that physically connect them to the rest of the City. California Bend State A planned expansion/reclamation of the California Wildlife Refuge ....... Bend State Wildlife Refuge, is to be located in the extreme northeast portion of the two-mile planning jurisdiction of Blair. The project will be along the west bank of the Missouri River corridor and facilitated by the Papio-Missouri River Natural Resources District as part of the Missouri River reclamation process. "Back to the River" envisions a river-front that is attractive to both wildlife and commerce. Blair Comprehensive Plan Update - 2029 Chapter 4 4.12 Eventually, points of interest along both sides of the river will be linked by a trail system for hiking and bicycling. COMMERCIAL Downtown Blair is planned to remain the primary DEVELOPMENT focus of commercial activity in the Community. It has historically been the center of government, banking and professional businesses, retail, commerce, as well Importance of Downtown as the place for socializing and entertainment. These Blair ................ activities have, however, been negatively impacted by increasing volumes of automotive and heavy truck traffic along Washington Street (Highway 30/75). Secondary commercial developed beyond the Downtown, along Highway corridors, where automotive oriented commercial uses are appropriate. Where the highway traverses through more residential dominated land uses, the presence of Neighborhood professional offices, such as medical clinics, Commercial .......... optometrists and accountants serves as a more appropriate commercial buffering mechanism between single family neighborhoods beyond the corridors. Grocery stores, fast food restaurants, motels and new/used automotive dealerships are the predominate commercial land use types at the perimeter of the Community. Highway commercial areas towards the southwest of Highway Commercial the Community, along the Highway 30 corridor, have Uses ................ been the location of the fastest developing commercial area throughout the City of Blair. Automotive dealerships are especially growing at an astounding rate, as more and more of the adjacent hill sides are being terraced for the outside storage of motor vehicles. Areas along the southeastern Highway 75 corridor have not developed commercially, but have in fact remained as undeveloped lands. Both the 1996 and the 2004 Comprehensive Plan Updates have recommended that highway commercial uses be utilized along the northeastern side of Highway 75. Commercial uses at this location would buffer Highway 75 and single family dwellings to the southwest from the industrial park to the northeast. Blair Comprehensive Plan Update - 2029 Chapter 4 4.13 highway commercial The last region containing highway commercial uses uses, continued ........ is the eastern area of the Community along eastern Highway 30 towards the Missouri River. The density of commercial development is significantly less than the southwest Highway 30 region. In contrast, commercial development in this eastern portion of the Community tends to be concentrated in nodes. Specifically, major retail outlets such as a discount grocery, or discount department store, serve as landmarks for smaller retail outlets to concentrate several supportive retail outlets as well. The defining attribute is that there tends to be significant vacant lands between concentrated commercial outlets. The Plan provides for the infill of these vacant tracts of land with additional retail developments. INDUSTRIAL Industrial uses were originally focused along the DEVELOPMENT Burlington Northern and Santa Fe Railroad corridor, formerly the Chicago and Northwestern Railroad. This east/west corridor is located to the north of Downtown Blair and is generally located between Front Street on the south and State Street on the north. However, one spur line extended industrial uses to the north an additional two blocks to Park Street, between 15th and 16th Streets. Industrial uses eventually extended to the east along the same railroad line. A newer industrial park has developed along both sides of Grant Street, generally between 4th and lst Streets. One-half of this industrial park is located within the corporate limits of the City of Blair. Areas beyond the limits have significant tracks of land that remain vacant. Industrial Growth Areas The last industrial development area that currently Beyond the Corporate exists within the planning jurisdiction of the -City is Limits of Blair ........ primarily comprised of the large scale Cargill operation. In June of 2004, Governor Mike Johanns announced that the State of Nebraska awarded a Community Development Block Grant to the City of Blair in the amount of $505,000 to enable the City to loan the money to Cargill to assist in purchasing new equipment in the expansion of the facility. Blair Comprehensive Plan Update - 2029 Chapter 4 4.14 Industrial Growth Areas, Cargill, Inc. will also invest over $30 million in the continued ............ new expansion, that will be used to produce new low calorie, low carbohydrate polyol sweeteners. The project funding is part of a program directed by the Nebraska Department of Economic Development, which assists with the development of businesses and communities throughout the state. Federal funds are made available to Nebraska from the U.S. Department of Housing and Urban Development's CDBG program. The expansion of the Cargill facility is located in the Southeast Industrial center of the large industrial development growth Growth Area ......... area for the City of Blair. This industrial growth area is located southeast of the City, generally between the Missouri River and U.S. Highway 75. Commercial land uses are planned along the north side of the highway as buffering mechanisms to lessen the impact of the industrial areas from the highway corridor and rural subdivisions in the hills and bluffs to the west of the highway. Readily accessible transportation options make this industrial growth area highly attractive. Rail spurs, two separate highways and the potential of Missouri River barge access connect this site to other regional and national transportation systems. A second industrial development growth area is Eastern Industrial located to the northeast of the City of Blair. The area Growth Area ......... is located to the north of Highway 30, between the Cameron Ditch (Fish Creek) on the west and the Missouri River to the east. The major attractions to this site is the fact that the water and sewer treatment facilities are located adjacent to the southern portion of the growth area. Currently, highway access is limited by an at grade crossing of the Burlington Northern and Santa Fe Railroad. Long range transportation improvements are planned for the Community, that include an overpass of both the railroad and Highway 30, as part of the recommended Highways 30 and 75 Expressway, which will also by-pass Downtown Blair. Blair Comprehensive Plan Update - 2029 Chapter 4 4.15 The final route of the Highways 30/75 Expressway, depending upon its exact route, could potentially alter some of the areas currently proposed as industrial. The Expressway could be utilized as a buffering mechanism to keep industrial uses on its southeast perimeters, there by, further protecting single family neighborhoods from growing to close to objectionable uses. SUBAREA DEVELOPMENT CONCEPTS The implementation of the Future Land Use Plan can best be achieved by the identification and development of specific Subareas. The identification of Subareas will allow for detailed land use planning and implementation, as well as the prioritization of required infrastructure. A total of four Subareas have been identified throughout the City of Blair. These Subareas include regions both within and outside the existing corporate limits. Illustration 4.3 for the following narrative provide a graphic description and discussion of existing conditions, future general land use and needed public improvements for each proposed Subarea. SUBAREA 1- Existing Conditions: Subarea 1 is located in western Residential Blair and is generally bordered by Wright Street on the north, 19th Street on the east, Washington and South Streets on the south, and Fontanelle Boulevard and Cauble Creek on the west. The Union Pacific Railroad bisects Subarea 1, between Front and Nebraska Streets, with only 23rd Street providing at grade crossing of automobiles. The primary road corridors that serve this region are Highways .30 and 75 (19th Street), Highway 91 (Fontanelle Boulevard and Washington Street). Single family residences are the dominant land use type of this Subarea, with relatively few commercial properties located along the west side of Nineteenth Street. Blair Comprehensive Plan Update - 2029 Chapter 4 4.16 Subarea 1, West Elementary School and several churches continued ............ comprise public/quasi-public land uses throughout the subarea. Vacant parcels are located between Twenty- fourth Street and Cauble Creek. These parcels lack public infrastructure. The areas within this subarea, close to downtown, has an advanced age of the housing stock, generally built between 1890 and 1925. Residential neighborhoods in the northern and southwest portions of Subarea 1 are of more recent vintage; 1950's to 1970's. Maintenance and rehabilitation of much of the older housing stock will be of prime importance throughout the 25 year planning period. Proposed General Land Use: Future land uses in Subarea 1 should remain primarily residential. Vacant lands currently located north of the Union Pacific Railroad tracks and west of 24th Street are recommended for multi-family residential uses. Dana College, located just west of Cauble Creek, would potentially provide future tenants desiring close walking distance to the campus. Parcels located along the west side of 19th Street are identified as future locations of transitional- commercial land uses. Professional offices and small scale commercial business that relate in size and character to the adjoining single family residences are encouraged to be used to buffer the residential neighborhoods from the traffic and noise of 19th Street (Highways 30 and 75). Substantially deteriorated houses that are no longer cost effective to rehabilitate should be targeted for replacement along the traffic corridor. Blair Comprehensive Plan Update - 2029 Chapter 4 4.17 Subarea 1, Planned Public Improvements Needed: Vacant continued ............ parcels west of 24th Street will require full utility development to accommodate future multifamily uses. The advanced age of the majority of single family residences throughout Subarea 1 will require continuing preventative maintenance and repair. Incentives such as low interest housing rehabilitation loans, tax increment financing and neighborhood improvement projects may serve to assist these residential areas in maintaining decent, affordable housing to the citizens of Blair. A preponderance of narrow width streets in this Subarea force vehicular traffic to slow down and thus provide a level of safety to pedestrian and localized vehicular traffic. Street conditions are generally quite good, however continued maintenance and repair will be necessary to ensure these streets are maintained throughout the 25 year planning period. All of Subareas 1 and 2 were declared Blighted and Substandard by the City Council of Blair, in 2001. This designation allows the City to utilize Tax Increment Financing to assist in the financing of public improvements. Blair Comprehensive Plan Update - 2029 Chapter 4 4.19 SUBAREA 2 - Existing Conditions: This Subarea is located in CommerciaU central and eastern Blair, generally bound by Jackson ResidentiaU Street on the north, the corporate limit line along the Industrial east, South Street on the southern boundary and 19th Street on the west. Transportation corridors that bisect Subarea 2 from east to west include the Union Pacific Railroad and Highways 30 and 75, (13th Street). The primary north/south streets are 19th 16th, 12th and 10th Streets. Downtown ........... Downtown Blair is the focal point of this Subarea, located along Washington Street between 19th and 10th Streets. Commercial land uses continue along the highway corridors from the Downtown east on Highway 30 and south on 13th and 19th Streets. Industrial uses are concentrated on either side of the railway corridor, north of Downtown. However, neighborhoods to the north along Nebraska Street are adversely impacted by industrial uses on the north side of the railway. Multifamily land uses are located throughout Subarea 2, but are concentrated at 10th and Iowa Streets and at 16th and South Streets. Lastly, two mobile home areas are located at 13th and Washington Streets and 11th and Lincoln Streets, these areas are both in poor condition. Public/Quasi- Public uses include the Washington County Courthouse, the Blair City Hall/Fire Hall and various churches. East Highway 30 The eastern half of Subarea 2 is comprised of the Corridor ............. Highway 30 commercial corridor from 10th Street east to the Missouri River. Commercial and industrial land uses are scattered along the highway, but vacant agricultural land is the dominant land use type. As with the western half of Subarea 2, the eastern half is bisected by the Union Pacific Railroad and Highway 30. Residential land use types include a small amount of single family land area and an existing mobile home park at the Missouri River south of Highway 30. Blair Comprehensive Plan Update - 2029 Chapter 4 4.20 Subarea 2, Public/quasi-public land uses are comprised of the continued ............ Blair Senior High School and future Middle School at Tenth and Jackson Streets and the City water and. waste water treatment facilities. Recreational land uses include the Optimist River Front Park. Downtown ........... Proposed General Land Use: The proposed future land uses for Subarea 2 consists of all the previously mentioned uses, but with particular attention to an increased amount of multifamily residential uses. The Future Land Use Plan, Illustration 4.2, advocates increasing the density of residential uses in close proximity to the Downtown, south of Grant Street. Concentrating higher densities in the central portion of the Community is cost effective in terms of adequately using existing public infrastructure, i.e. underground utilities, streets and sidewalks. Industrial land uses are identified in the future land use plan to be located only to the north side of the railway corridor. These industrial land uses are buffered from single family residences to the north by multifamily land uses located south of Nebraska Street and north of the existing industrial properties. The transportation corridors of 19th Street and 13th Street are targeted for expansion of neighborhood commercial land uses. Small scale retail and professional offices that blend in with single family residences are recommended in these locations. East Highway 30 Commercial uses area planned along east Highway Corridor ............. 30, Illustration 4.2, to visually obscure heavy industrial areas to the south. Multifamily uses are recommended to be located in the area north of the Union Pacific Railroad between 3rd Street and where Riverview Road intersects with Blaine Street. This area is ideally located to the east of the middle/senior high school grounds. The remainder of the eastern half of Subarea 2 is targeted for future industrial land uses, both within and outside of the current corporate limits. Blair Comprehensive Plan Update.<- 2029 Chapter 4 4.21 Subarea 2, Planned Public Improvements Needed: A small continued ............ number of vacant parcels exist in Subarea 2 and, as a result, will require an accumulation of parcels for any new construction. Further utilization of the Redevelopment Plan completed for Subareas 1 and 2 will guide both public and private improvements. This process would be ideal for assisting Downtown area businesses in rehabilitating buildings, as well as attracting commercial and industrial businesses along east Highway 30. The advanced age of the majority of single family residences throughout Subarea 2 will require a continued process of preventative maintenance and repair. Tax increment financing, CDBG grants and private financing will become increasingly important. Proposed street improvement projects in Subarea 2 include Washington Street to alleviate excess traffic congestion. Long range plans include the future Highways 30/75 by-pass to route highway traffic around the perimeter of the community, away from the Downtown. Chapter 5 details recommended street improvement projects throughout the 25-year planning period for Subarea 2, and the entire community. SUBAREA 3 - Existing Conditions: Each of the three separate RESIDENTIAL GROWTH residential growth areas are primarily located on AREAS vacant agricultural lands that are directly adjacent to the corporate limits of Blair. The Population, Economics and Housing Profile, Chapter 3, documents Blair's housing market and anticipates that in the next 25 years, the community can support 1,059 units of owner housing and 706 units of renter housing. As part of the Comprehensive Plan Update process, citizen participation opportunities have allowed the residents of Blair to voice their opinions about which directions residential growth should occur. Blair Comprehensive Plan Update - 2029 Chapter 4 4.22 r '+ Subarea 3, Participation in the Planning Steering Committee continued ............ and the Community-Wide Household Survey, allowed residents of Blair to express their opinion about future growth. Subarea 3 delineates each of the growth areas and makes recommendations in regards to a future development process. The Community- Wide Survey, Planning Steering Committee, Blair Planning Commission and City Council all affirmed that residential growth should occur to the north/northwest and southern directions from the current corporate limits of the Community. Area 'A" ............. Subarea 3A: This Subarea is generally located on the upper table lands above the Missouri River Valley, between north Highway 75 and north 10th Street (See Illustration 4.3). Future land use types are to be primarily single and multifamily residential. The Highway bisects the Subarea from the northwest to the southeast and will serve as the main transportation corridor into central Blair. Individual building lots, as a result of the terrain and views to the Missouri River Valley below, are anticipated to be fairly expensive. Selling prices for homes in this region are expected to be targeted to people with moderate- to upper income levels. This type of housing development is in conformance with the Deerfield Estates, Stone Creek Estates, Westridge Addition and College Heights areas to the south. Area "B" ............ Subarea 3B: This Subarea is located between 10th Street on the west and the Missouri River on the east, excluding land within the corporate limits. Multifamily residential land use types are encouraged to develop to the southwest of the Cameron Ditch, as higher density residential uses to buffer single family areas planned west of 10th Street, from the industrial uses to the east of Subarea 3B. Along Fish Creek, a linear recreational trail serves to buffer future multifamily land uses west of the creek from future industrial land uses to the east of the creek. The availability of level land for development will provide affordable residential lots that may allow this future residential area to be targeted to "affordable" average cost homes. These types of housing subdivisions are currently not being constructed in Blair. Blair Comprehensive Plan Update - 2029 Chapter 4 4.23 Subarea 3, Subarea 3C: Southern portions of the two-mile continued ............ planning jurisdiction, generally between southwest Highway 30 and southeast Highway 75, wrapping Area "C" ............. around the southern corporate limits. of Blair, are included in Subarea 3C. Rolling topography bisected by creeks and natural drainage ways create natural scenic areas and valley views, attractive to residential development. As such, multifamily uses are planned adjacent the Community, to buffer commercial uses along Highways 30, 133 and 75 from low density single family residential areas beyond. Existing water mains south of Blair, along Highways 30 and 133 will stimulate development interest in these southern "rural lands." OVERALL SUBAREA 3 Planned Public Improvements Needed: Each of the individual regions of Subarea 3 will require an extension of all appropriate infrastructure to accommodate these residential growth areas. These Areas in total exceed the necessary acreage required to support residential development in Blair through the year 2029, but, inturn, provide options for both new and existing households. As these Areas develop, it is recommended to begin development adjacent the corporate limits and radiate outward in a concentric growth pattern. This process would provide a cost effective means of providing infrastructure connections to new subdivisions. Blair Comprehensive Plan Update - 2029 Chapter 4 4.24 ~ ~, •~ i ENVIRONMENTAL This land use plan should serve as a guide to the ASSESSMENT development of the City and its surrounding area. The Plan is not intended to dictate changes to the community, but rather evaluate existing conditions and recognize ongoing changes. In addition, the Plan is designed to allow change to occur in an orderly manner which will ensure the best interests of Blair will be achieved. Before the implementation of this land use plan, two steps should be undertaken. First, the possible effects of the Plan should be explored. Identification of the possible results of any action, program or policy and the determination of the intensity of the results will be the most significant factors ensuring success- ful Plan implementation, with a minimum of negative effects. Second, the positive impacts of a Plan must be weighed against the negative impacts resulting from implementation activities. Alternative strategies should be considered to select the implementation activities that achieve the most benefits with the least problems. The following environmental assessment will review the basic scope of the land use plan and then identify any significant environmental impacts, both social and physical, of the Plan's proposed development and redevelopment actions. Precautionary measures will be noted, as well as unavoidable adverse effects. Actions which will lead to irreversible commitments of resources will be recognized as well as other long-term effects from immediate programs. POTENTIAL ADVERSE The Blair land use plan anticipates a continued IMPACTS growth and expansion community-wide, in response to the needs of a potential expanding local population; up to 2,831 additional citizens; by 2029. If the Community continues to grow as hoped, nearly all of the land use activities envisioned will have the potential for some type of adverse impact to the natural environment. Blair Comprehensive Plan Update - 2029 Chapter 4 4.25 Potential Adverse Continued growth will require additional Impacts, continued .... commitment of construction materials, financial resources, fossil fuels and land resources which represent deductions from the total reservoir of resources. Additionally, continued economic and physical growth will mean increased depletion of groundwater resources. Aside from the impacts possible from commitment of resources toward the realization of community growth, there will also be a continuing requirement for resources necessary for operation and maintenance of existing homes, industries, businesses and utility systems. Commitment of land resources, in many cases, will mean the conversion of agricultural land from the production of food and fiber to developed uses which also represent an adverse impact, but one which is basically unavoidable if the community continues to prosper and grow. Among the by-products of continued community growth, which will contribute to environmental degradation, are increased storm water runoff, additional amounts of air, water and noise pollution and increased vehicular traffic on area streets. No potential adverse effects to the natural environment are expected during the planning period. None are expected to become especially significant, due to the implementation of the future land use plan. BENEFICIAL IMPACTS The implementation of the Blair land use plan includes a potential for diverse and far reaching beneficial impacts to both the man-made and natural environments during the planning period. One of the primary functions of the Plan will be to minimize negative impacts. Blair Comprehensive Plan Update - 2029 Chapter 4 4.26 ,, , Beneficial Impacts, The overall effect of Plan implementation will be to continued ............ either benefit the environment or lower the incidence and severity of adverse effects. Sound local development standards and zoning regulations will provide a significant beneficial influence towards partial mitigation of the potential for environmental damages due to continued land use development. The most significant positive or beneficial environmental effects should be as follows: Recognition of local environmental charac- teristics; The encouragement of growth in areas contiguous to existing development and the maximum use of existing utilities and streets; The implementation of a coordinated and comprehensive housing initiative and development program will ensure the preservation of existing housing resources, combined with the provision of new housing; The appropriate locating and provision of housing, commercial, educational, recreational and employment opportunities will act to positively reinforce the social structure of existing and future populations of the City; The provision of sufficient and efficient utility services will minimize the possible pollution associated with growth; and The proper mixing and separation of land uses and appropriate classification of the street system will minimize adverse effects of noise, odor, and air pollution. Blair Comprehensive Plan Update - 2029 Chapter 4 4.27 Beneficial Impacts, The presence of land use or zoning regulations continued ............ should continue to ensure an efficient and appropriate development pattern through; density control to prevent overcrowding, prevention of mixing of incompatible land uses and prevention of further improper development in sensitive or hazardous natural areas, such as steep slope, floodplain areas and lakes, rivers or streams. ALTERNATIVES Within the full scope of possible community actions, there are basically three alternatives. The first is to continue a planned approach to future community expansion. A second alternative would be a more rigidly controlled and intensely monitored regulation which would essentially restrict a high percentage of anticipated future growth. The third possible choice- is aless intense regulation, which in terms of municipal planning, represents the "do nothing" alternative. The last alternative has most often been typical of many communities, large and small, and has often resulted in the maximum adverse impact to both the man-made and natural environments. The alternative of a more rigid control would avoid many of these potentially adverse impacts, but would be so restrictive as to hamper economic expansion, and thus, the ultimate growth and development of the entire community. The most beneficial alternative is to guide future community growth and expansion through a land use plan, in combination with realistic land use control regulations. The land use plan prepared for Blair, coupled with the revisions to the existing zoning ordinance and subdivision regulations, will provide a means by which the community may achieve proper development practices. Blair Comprehensive Plan Update - 2029 Chapter 4 4.28 ~, ~. ACTIONS TO MITIGATE Adverse impacts resulting from continued growth AVERSE and expansion of Blair can be substantially mitigated ENVIRONMENTAL through adoption and application of the land use EFFECTS regulations and design standards. These measures will provide a positive influence for conservation and proper use of land, materials and energy. As such, these measures will help to mitigate the adverse impacts of development upon the allocation of resources. The land use plan recognizes the character of the natural environment and charts a course for future growth, which will allow maximum efficient use of available resources without serious permanent alteration or depletion. The future development of the City of Blair, as outlined in this land use plan, is expected to provide a beneficial impact on the man-made environment with few, if any, adverse impacts upon man-made and natural environments. Blair Comprehensive Plan Update - 2029 Chapter 4 4.29 r CHAPTER 5 Public Facilities Infrastructure & Transportation .; ~. CHAPTER 5 PUBLIC FACILITIES AND INFRASTRUCTURE INTRODUCTION Chapter 5 of this Comprehensive Plan discusses the existing conditions and planned future improvements to Blair's public facilities, infrastructure and transportation. Public facilities are provided to ensure a quality of life for all residents of Blair. Public facilities provide citizens with social, cultural, educational, health care, law enforcement, fire protection and recreational facilities. Public infrastructure provides water, sanitary sewer, storm sewer and solid waste disposal for residents of Blair, as well as gas and electricity. Transportation allows for the movement of people, goods and services, via routes of vehicular and non-vehicular traffic patterns. The location of present and Future Public Facilities in Blair is identified in Illustration 5.1 of this Comprehensive plan. PUBLIC FACILITIES An integral part of the quality of life in a City is the park system and recreation opportunities provided to its residents and visitors. Recreational opportunities and the availability of open space plays an important role in enhancing the quality of life in Blair. The Community's role in adequately planning for open space and providing a full range of recreational opportunities directly impacts community and economic development activities. PARKS AND RECREATION The Blair park system is comprised of nine primary park areas, totaling an estimated 185 acres. These park areas offer a wide variety of passive and active recreational activities. The primary park system includes Steyer Park, Rhoades Park, Bob Hardy R.V., Black Elk/Neihart Park, Lion's Park, Stemmerman Park, Vets Field and Optimist Park. Blair Comprehensive Plan Update - 2029 Chapter 5 5.1 ,. Parks & Recreation, All of these Parks have restroom facilities available continued ............. except for Rhoades Park. Bob Hardy R.V. Park is also equipped with shower facilities. Playground equipment is included at all locations except for Vets Field and Optimist Park. Stemmerman Park has tennis courts, while Lion's Park has basketball courts. Vets Field has ballfields available. Picnic shelters are present at Steyer Park, Black Elk, Lion's Park and Stemmerman Park. There is a swimming pool at Steyer Park. Many of the parks contain additional features unique to that particular park. Extensive flower beds, botanical gardens and an arboretum is a highlight at Black Elk Park. Optimist River Park provides boating access to the Missouri River. Blair has one full-time Parks Director and four part-time employees. EDUCATION Education is becoming increasingly important as the need for abroader-based education with emphasis on technical and human relation skills increases in today's society. Standards developed by educators and planners can provide guidance in the creation of and additions to the community's educational facilities. Schools in Blair should meet the following standards/guidelines: • Schools should be centrally located; • Schools should not be located near high traffic or heavily concentrated areas with high noise levels; • Land acquisition should be made with future expansion in mind; and • .Adequate open space should be available to students. The present educational system in Blair consists of an organizational pattern of Elementary grades Kindergarten through 2nd, Middle School grades 3ra through 5th, Junior High grades 6th through 8th and High School grades 9th through 12th Blair Comprehensive Plan Update - 2029 Chapter 5 5.2 i 1 ~ ~ Education, The 2004 total student enrollment in the Blair continued ............ Public School System was documented at 2,255 students. Public educational facilities consist of the Blair Junior- Senior High School, Gerald Otte Blair Middle School, Arbor Park Middle School, and the North, South and West Elementary Schools. BLAIR JUNIOR-SENIOR The Blair Junior/Senior High School is located at HIGH SCHOOL 440 10th Street. Grades 6th through 12 are taught in the Junior/Senior High. The Junior/Senior High School was built in 1969 and currently has 664 students enrolled. There are 67 total employees, 48 being certified teachers. There are 44 classrooms in the building. The School offers a variety of classes and special services. Included are a homework hotline and courses in Japanese, English, Math, Social Studies and the Sciences. Computer access at the School includes three Apple computer labs, one IBM computer lab, Internet resources and in building e-mail. All of the classrooms are fully computerized. GERALD OTTEBLAIR The Gerald Otte Blair Middle School was MIDDLE SCHOOL constructed in 1997. It is located adjacent to the existing Junior/Senior High School. The facility has grade levels 6th through 8th and currently has a student enrollment of 539 students, as of the 2004 school year. There are 30 certified teachers on staff and the building provides 22 classrooms. Special activities at the school include exploratory and new technology classes, fine arts, family and consumer science. There is computer access in each classroom, as well as multiple computer labs. ARBOR PARK SCHOOL Arbor Park Middle School is the current middle school for the District. It is located at 1717 Adams. In the 2004 school year, enrollment was 511 students. There are 21 certified classroom teachers and a student to teacher ratio of approximately 17:8. Blair Comprehensive Plan Update - 2029 Chapter 5 5.4 ~t . Some extra curricular activities that are offered are the "Destination Imagination" program for gifted 4th through 6th grade students and band. BLAIR ELEMENTARY Blair currently has three elementary schools for SCHOOLS students in grades K-2. North School, located at 14th and Park, is approximately 58 years old. There was an addition to the School in the early 1950's. North School has 17 staff positions with eight certified teachers. The School has 11 classrooms. South School was constructed in the 1950's, with additions in the 1970's. It is located at 16th & Butler. There are 10 classrooms with one certified staff member per classroom. There are approximately 11 additional staff members. Enrollment during the 2004 school year was 190. The West School was originally built in the 1920's. The building currently has seven classrooms. There were additions to the building in the early 1970's. The facility is currently receiving major renovations. Four new classrooms were added in 1997. The enrollment was 147 for the 2004 school year. There are 14 employees at the School, six of which are certified teachers. In addition, there are seven rotating certified teachers that provide services for each School. These services include art, music, reading, and a counselor. Each school offers the same core curriculum and special services such as music, physical education, special education (title reading, resource program, etc.) and a pre-school program. Blair Comprehensive Plan Update - 2029 Chapter 5 5.5 LIBRARY The Blair Library is located at 210 S. 17th Street and is fully ADA accessible. The Library was constructed in 1976. The Blair Library is open Monday through Thursday, 10:00 a.m. ti118:00 p.m., Friday 10:00 a.m. till 5:00 p.m. and on Saturday from 10:00 a.m. until 4:00 p.m. During the summer months, the Library is closed on Wednesday night. The Library currently has a staff of five employees. Featured programs are "Story Time," Child Reading Program and a revolving Book Discussion. The Library maintains 33,000 total resources available including books, magazines and video and audio tapes. Additionally, resources such as newspapers, micro film and micro fiche and public records are also available. The Library has an average annual circulation of 67,977 resources. Future considerations for the Library include expanding the current facility or relocating to a new site to construct a larger facility to better serve the Community of Blair. DANA COLLEGE Dana College, founded in 1884, is located at 2848 College Drive. A total of 150 people are employed by the College. The College has 39 full-time certified staff members and 25 part-time certified staff members. Enrollment is currently (2004) listed as 617 students, the largest student population since 1971. Dana College offers a variety of educational opportunities. Bachelor degree programs are available in several disciplines. Among the choices include business, education, liberal arts, graphic arts and social work. Blair Comprehensive Plan Update - 2029 Chapter 5 5.6 MEDICAL/ELDERLY SERVICES The City of Blair presently has all the necessary modern health and hospital services within the City to meet the needs of its existing and projected (25 years) population. Local health services include a hospital, nursing care facility, retirement facilities, clinics and private offices. MEMORIAL COMMUNITY The primary health delivery facility in Blair is the HOSPITAL Memorial Community Hospital, located at 810 22na The Hospital has a 24 bed capacity and provides acute in-patient and skilled care. Services provided at the Hospital include cardiac rehabilitation, home health care, diabetes education, community education, physical therapy, outpatient clinics and a 24-hour emergency care room. The Hospital was constructed in 1956 and has a current professional staff size of 194, all of which are certified. Memorial Community Hospital also owns clinics in Tekamah and Fort Calhoun. Future plans for Memorial Community will involve the construction of an additional surgical unit, providing several more surgical rooms. CROWELL MEMORIAL The, Crowell Memorial Home, located at 245 22nd HOME provides health residential and care services for older citizens. The Home was established in 1905. The current facility was built in the 1950's, added onto in 1960, and was renovated in 1994-1995. Residential services meeting the needs of senior citizens in the area include a nursing home and eight independent living apartments. The Crowell Memorial Home employs eight registered nurses, 15 licensed practical nurses and 55 certified nursing assistants. There are approximately 40 other staff members, with 50 total part-time staff. The Home has 98 nursing beds and 18 assisted living units. Blair Comprehensive Plan Update - 2029 Chapter 5 5.7 GOOD SHEPHERD The Good Shepherd Lutheran Home/Johansen LUTHERAN Manor is located at 2242 Wright and employs 150 HOMF/JOHANSENMANOR people. There are five registered nurses, 10 licensed practical nurses and 32 certified nursing assistants. The Home is a nursing care facility, established in 1945. It has a bedding capacity of 84 and currently has no vacancies. Johansen Manor, built in 1987, is an independent living facility which has 24 apartment units. The two facilities are adjoining. There are several services that are provided to residents of both facilities. These services include transportation, congregate meals, social activities, telephone reassurance, maintenance and housekeeping in Good Shepherd and- maintenance in Johansen Manor, an outreach program, information and referral and child day-care center licensed for 100 children and adult day services. GOOD SHEPHERD Good Shepherd Assisted Living facility contains both a ASSISTED LIVING market rate "wing" of assisted living units constructed FACILITY in 1998 and a 20 unit HUD 202 Subsidized assisted living "wing", which was completed in 2001. Both "wings" share a commons entry area and dining facility. GOVERNMENT/ Government/Public Safety facilities serve the citizens of PZIBLIC SAFETY the Community of Blair and conduct the business of government. Therefore, it is essential that the services provided are centrally located and convenient to the majority of the Community's citizens. POLICE PROTECTION The Police Department for the City of Blair is located at 1730 Lincoln Street. The Department rents space from the Washington County Sheriffs office, which is at the same location. There are 15 full-time sworn officers, three part-time sworn officers, one full-time animal control officer and two full-time secretaries. Blair Comprehensive Plan Update - 2029 Chapter 5 5.8 Equipment includes radios, scanners, radar, radio communications with the State Patrol, and other equipment common with city police departments. Holding cells are provided by the Washington County Sheriffs office. The Sheriff's office provides law enforcement services within the Blair two-mile planning jurisdiction. FIREPROTECTIDN The Volunteer Fire Department of Blair has 68 volunteer fire fighters. The fire station is located at the City offices at 16th and Lincoln Streets. The Fire Department averages between 800 and 1,000 calls a year, with an average response time of three minutes. The Department's service area is 100 square miles of both urban and rural territory. Several of the volunteer fire fighters are cross-trained as certified emergency medical technicians and members of the volunteer rescue squad assist at all fire emergencies. The fire insurance classification for Blair is "5" within the City's corporate limits and "7" outside the corporate limits. CIVIL DEFENSE The present Civil Defense is provided by the Nebraska Civil Defense/Emergency Management Program. Blair is in Region 5-6. The City employs one full-time staff member. Civil defense works with local fire and police departments in planning for public safety. The planning for natural disaster and man- made emergencies consists of: 1) Preparation 3) Recovery 2) Response 4) Mitigation Future considerations for Blair Civil Defense include the need for afull-time City Emergency Management Planner. With major industry such as Cargill, local ammonia storage and railroad truck traffic transporting hazardous waste, afull- time position would be a benefit for the safety of the community. Blair Comprehensive Plan Update - 2029 Chapter 5 5.9 CITY OFFICES The Blair City Office is located at 218 16th Street. The facility houses the City Administrator, Clerk, Building Inspector, Director of Public Works and staff. The building is utilized for pertinent government committee meetings and occasional public use. The building was remodeled in 1994 and meets all ADA requirements. Any future considerations for the City Office Building will depend on demand created by future population growth. POST OFFICE The U.S. Post Office of Blair is located at 201 16th Street. The Post Office provides postal boxes, house-to- house delivery and rural routes delivery. The Post Office employs over 20 people. The Community Survey indicated that the Post Office was a top ranking service. There are no future considerations .for the Post Office during the planning period. Blair Comprehensive Plan Update - 2029 Chapter 5 5.10 INFRASTRUCTURE The Blair Water Treatment Plant was designed in 1978, constructed in 1979 and placed in operation in 1980. Plant upgrades were completed in 1995 and 1996. The Plant draws water from the Missouri River through an intake structure located on the bank of the River. The intake structure and Plant are located north of Highway 30 on the eastern edge of the City. WATER SYSTEM Flow is delivered to the conventional treatment plant through a 1,000' long 20" pipeline from the intake structure to the Plant. The flow of water from the Plant is directed. to the new recarbonation basin, installed in 1996 for pH adjustment, and then through to flash mix, coagulation, and settling basins and finally to the filters and the clearwell. Chlorine and fluorine are added to the water. High-service pumps deliver the water to the City and Cargill through a single transmission line, which was constructed at the time the plant was built and through a new 24" main that was completed in 1995. The Plant is operated by a Plant Supervisor and four certified operators and is in good operating condition. Routine maintenance of the electronic equipment is carried out by a maintenance contract. The Plant is currently producing approximately 7.5 mgd during the summer months. This is the Plant's maximum production capacity and additional capacity will be needed to meet the expected growth in the City and the expected increased demands by Cargill. There are no significant problem areas in the existing water system for the City of Blair. The City of Blair has a continuing improvement program to upgrade distribution pipes to a minimum 6" diameter. The City of Blair replaces older water main piping when street reconstruction projects are undertaken. When streets are reconstructed, both the sewer and water mains are investigated and replaced when necessary. Blair Comprehensive Plan Update - 2029 Chapter 5 5.11 •« SANITARYSEWER SYSTEM The existing sanitary sewer system serves the majority of the developed area within the existing corporate limits of the City of Blair. The sanitary sewer system in Blair is reported to be in relatively good condition. The entire City of Blair is served by a gravity sanitary sewer system, therefore, there are no lift stations. The majority of sewer lines are 8" diameter pipes with larger lines serving the lower reaches of the sewer system. The City of Blair owns and maintains a secondary wastewater treatment plant located adjacent to the water main plant in eastern Blair. This secondary wastewater treatment plant includes activated sludge treatment. The City recently completed a new sludge stabilization project to bring the City in compliance with new sludge regulations promulgated by regulatory agencies. The existing wastewater treatment is adequately sized to handle the current City needs. The City should, however, implement a program to plan for the eventual expansion of the wastewater treatment plant to handle anticipated future needs. SOLID WASTE DISPOSAL The City of Blair does not publicly provide for solid waste collection. Solid waste collection within the City is completely private. The City licenses solid waste collection companies. Companies compete for customers and privately bill and collect payment for services. Blair does not grant an exclusive license for solid waste collection. All solid waste collected in the City of Blair is required to be disposed of at the Douglas County Landfill. ELECTRICAL SYSTEM Electric power for the City of Blair is provided by the Omaha Public Power District (OPPD). The electric distribution system is owned and operated by OPPD, as well. OPPD continually monitors the system and maintains, upgrades and expands the electrical system, as necessary to provide adequate service to the consumers of the City of Blair. Blair Comprehensive Plan Update - 2029 Chapter 5 5.12 .+ , NATURAL GAS SYSTEM People's Natural Gas Company provides the supply and delivery of natural gas to the consumers of the City of Blair through its gas transmission and distribution pipeline facilities. People's Natural Gas Company maintains and upgrades its system on a continual basis to meet the demands of the consumers of Blair. TELEPHONE SYSTEM Huntel Telephone Company is the local provider of telephone services. Huntel maintains and upgrades its system on a continual basis to meet the demands of the consumers of the City. CABLE TELEVISION Cable television service within the City of Blair is provided by Cable USA, Inc. dba Cable TV Company. Cable USA, Inc. dba Cable TV, maintains and upgrades its system on a continual basis, again, to meet the demands of the consumers. STORM DRAINAGE An overall plan for storm water management in the City of Blair should be undertaken to investigate the overall, existing drainage system and to determine the impact of future development on downstream facilities. The comprehensive drainage analysis should be used to focus future major public investments in storm sewers and drainageway improvements to alleviate flooding within the corporate limits of Blair and alleviate downstream impacts. Blair Comprehensive Plan Update - 2029 Chapter 5 5.13 • .~ EXISTING TRANSPORTATION SYSTEM STREETS AND HIGHWAYS The following four primary highways serve the study area: • U.S. 30 (East-West route) • U.S. 75 (North-South route) • State Highway N-133 (North-South route) • State Highway N-91 (East-West route) These facilities provide access to the employment and commercial areas in the Blair area and provide connections to the interstate system and surrounding communities. In addition to U.S. and State Highways, the following major north-south routes serve the Study Area of Blair: • Industrial Park Drive • 1st Street • 10th Street • 13th Street • 16th Street • 18th Street • 19th Street • 21St Street • 23rd Street • 25th Street • 28th Street • Wilbur Street • Clark Street • South Street • Grant Street • Lincoln Street • Washington Street • Front Street • Nebraska Street • Jackson Street • Wright Street • College Drive • Adams Street Blair Comprehensive Plan Update - 2029 Chapter 5 5.14 ,. • , , TRAFFIC VOLUMES Traffic counts were recorded at numerous locations throughout the Blair Study Area. The existing average daily traffic map is shown in IIllustration 5.2. MAJOR BRIDGES The Blair Study Area is bordered on the east by the Missouri River. The two-lane Highway 30 Missouri River Bridge provides connectivity between Nebraska and Iowa. In the year 2002, the bridge carried 6,210 vehicles per day and 11.8 percent of the vehicles were heavy commercial vehicles. Within the City of Blair, there are major bridges on roadways crossing three primary creeks. Cauble Creek is located in western Blair, Fish Creek and South Creek are located in eastern Blair. OTHER TRANSPORTATION SYSTEMS AIR SERVICE RAILROAD BICYCLE AND PEDESTRIAN FACILITIES The Blair Study Area is served by the Blair Municipal Airport for air transportation services. The Blair Municipal Airport is located on State Highway N-133, approximately 6.5 miles south of Blair. The main runway at the Blair Municipal Airport is 3,450' in length by 50' wide with an asphalt surface. It is scheduled to be improved in 2006 with a concrete surface and will be 5,500' long by 100' wide. In addition, a new 4,200 square yard apron will be built. The Blair Study Area is served by one major railroad. The Union Pacific Overland Route between Oakland, California and Chicago, Illinois passes through Blair, bisecting the Community in an east-west direction. Blair is one of Union Pacific's major Missouri River crossings. Bicycle and pedestrian facilities throughout the Blair Study Area consist of various systems of sidewalk and trail facilities, supplemented by various sections of paved shoulders on selected rural highways. The Blair Trails Master Plan, prepared by RDG Crose Gardner Shukert, provides a guide. for the multi-use trails program for the City. Blair Comprehensive Plan Update - 2029 Chapter 5 5.15 ,. .~_ z ~~ •- RS ~' ,~` - i _ ~' m ,` ,, ~~' ,_ ;~ ~; O ~~' 1~N i A :~= ~ ~ i .500 , ~ ~ I is U `= I ~ ~, ~ i ~V , ~ - _ ~ - % ,, o ~ ~~ o~ of ~ ~: ~ , / ~~~ ~E~~ , u,o, ,s u~~ . ~ i -.: { OOLL °o ~ 0 006¢ n __~ - Cwi ~~~~ ,,_ ~-'~'no~ . ~ ~ -- ~ r ~ 1._ L ~ c c ~ °vl ~ '~ OLL }c ~.al;'I. ' `~ _ l cl ei. w~ o c ~~lu ~ ° °o '. 41°L 006E I ~ <S 4ISL 00 004 i 004E 1 ~ O m ~~4 `~ lob ,gin t o __ ` ~ N~ ~_ I o -~ _ ,~ U''S~ 10200 I ~ 7,~, ~;fi L I ~ __ OOZZ O ~ ~ 6O OOLZL OOSYt \ i ~ o O J in ~ r U09 ~ r, o? v G^, ~~ 1- ~ si J~ ;~nAiy - -~ os£~ / .,,, ~ 009 ~ OLG pOO .~~ UI i / i /~ l ,, ,, - ~~ :;, ~ ~/ 004E 000 ?S 4aSZ 1 h yOO ~", ' U ` ~ -~ 0 Jam ,Z~yth ~~ ~ 0%e. ~I x ~l I ~ _~ - m '~ ~ i M ~, ~+ f ~ Z 0098 c2. i, s,NH~ Blair Comprehensive Plan Update - 2029 Chapter 5 5.16 .~ .~ i O Q }, ~ .~ ~ W ^ Q O O O N PUBLIC Blair is served by one rural public transportation TRANSPORTATION agency. The Eastern Nebraska Office on Aging Transportation System (ENOA) provides a demand- - responsive system operating Monday through Friday, between the hours of 8:00 a.m. and 4:00 p.m. TRAVEL DEMAND Development of a Long Range Transportation Plan MODEL (LRTP) requires estimating future travel. Travel demand forecasting models are used to do this. Models are used to determine where future transportation TRAVEL DEMAND MODEL problems (as indicated by congested roads or unmet SOFTWARE transit demand) will occur. The model can test the ability of the highway and transit system improvements to address those problems. Network Development ... Travel demand models for the base year 2000 and future year 2030 were developed as part of the Blair LRTP. Travel Demand The model uses afour-step process to predict future Forecasting Model traffic. The four-steps are Trip Generation, Trip Process .............. Distribution, Mode Split and Trip Assignment and are described below. Trip Generation ........ Trip generation is the process of determining the number of trips produced by and attracted to each Transportation Analysis Zone (TAZ). Transportation Analysis Zones (TAZ's) were defined according to their development density, homogeneity of land use, and access to the major street network. Trips are estimated as productions (trips related to household) and attractions (trips related to employment). Trip Distribution ....... Trip distribution is the process of identifying the distribution of trips from each production zone to each attraction zone. Mode Split ............ Mode split is the process of allocating the person trips computed in the trip generation phase to the available modes of travel. Blair Comprehensive Plan Update - 2029 Chapter 5 5.17 ~ j ~ w. Trip Assignment ....... The purpose of the trip assignment process is to allocate trips between the TAZ's to one or more paths on the roadway network. FUTURE Once the Travel Demand Model was completed and a TRANSPORTATION new land use plan was developed, both elements were IMPROVEMENTS combined to forecast year 2030 traffic volumes. Two transportation improvements will be completed in the next 25 years that have already been committed through prior planning efforts and capital improvement programs in the Blair Study Area. The improvements are the widening of Highway 30, to a four-lane roadway with a continuous two-way-left-turn lane from Highway 133 to Washington Street, and the widening of Highway 133, to four lanes from outside the study area to Highway 30. After analysis and review, transportation alternatives SELECTED ALTERNATIVES were selected to be carried forward in the LRTP. Each of the selected alternatives is described. South Bypass .......... This alternative involves the construction of a new east-west route from the intersection of Hollow Road and Highway 30 to Highway 75. East Bypass ........... This alternative involves the construction of a new north-south route from just south of the intersection of County Road 100 and Highway 75, to just east of the intersection of Industrial Park Drive and Highway 30. Isc / 3rd Street This alternative involves the construction of an Overpass .............. overpass over the Union Pacific Railroad from the intersection of 1St Street and Highway 30 to the intersection of 3rd and Jackson Streets. In addition, traffic leaving the Blair High School would be restricted to right turn only. Blair Comprehensive Plan Update - 2029 Chapter 5 5.18 v ~ ? ~ Nebraska Highway 91 This alternative involves reconstruction of the Highway and 23rd Street 91 and 23rd Street intersection, to eliminate the skew Intersection ........... angle at the existing intersection. Skyline Drive This alternative involves extending Skyline Drive to Extension ............. Hollow Road, were it would connect into County Road 31. This would provide a local street for the residential community west of Highway 30; an alternate route to access the area south of Blair without using Highway 30. Highway 133 This alternative involves the widening of Highway 133 Widening ............. to four lanes from outside the Study Area to Highway 30. North Bypass .......... This alternative involves the construction of a new east -west route, from just east of the intersection of Industrial Park Drive and Highway 30 to the intersection of County Road 329 and Highway 30. Nebraska Street This alternative involves the construction of new Extension ............. roadway along the south side of Dana College from Highway 91 to Nebraska Street, just east of Couble Creek. U. S. 75 Widening ...... This alternative involves the widening of Highway 75 to a four-lane section from the Fort Calhoun Plant, to the four-lane section at the Blair City limits. Far Bypass ............ This alternative combines the South, East, and North Bypass alternatives, except the south bypass continues southwest from Highway 75 to the intersection of County Road 26 and Highway 30 southwest of Blair. The selected alternatives were identified to be included into either the short-term plan (1 to 10 years), the long- term plan (11 to 25 years), or beyond 25 years plan. The various plans and cost estimates are depicted in Table 5.1. Blair Comprehensive Plan Update - 2029 Chapter 5 5.19 ~ r~ s •" TABLE 5.1 ESTIMATED ROADS IMPROVEMENT COSTS BLAIR, NEBRASKA 2004 - 2029 Short Term Plan (1 - 10 Years) Cost (In $1,000,000's) Estimate South Bypass 4.1 East Bypass 7.5 1St / 3ra Street Overpass 3.0 Highway 91 and 23ra St. Intersection 0.5 Skyline Drive Extension 0.7 Hi~hway 133 Widenin~* NA Short Term Plan Subtotal 15.8 Long Term Plan (11 - 25 Years) North Bypass 8.6 Nebraska Avenue Extension 1.2 Hi~hway 75 Widenin~* (West of P35) NA Long Term Plan Subtotal 9.8 Beyond 25 Year Plan Far Bypass 9_3** Beyond 25 Year Plan Subtotal 9.3 *Project by others and not included in cost estimate **Cost to build south far Bypass Source: HWS Consulting Group, 2004 HWS Consulting Group developed traffic projections for the street system within the metropolitan area using the future land use plan and year 2030 committed projects (two) with the selected alternatives included in the short term and long term. Illustration 5.3 depicts the year 2030 Forecasted Average Daily Traffic. Blair Comprehensive Plan Update - 2029 Chapter 5 5.20 w a i aoa c ~ ~ 0 ^ L~ _ _ ~ ~;i' ~~ .~' ~ ~ \ ~~ ~ ~ I ms . S O =S ~i~.'~I, ~ ~ )J ~ ~ I N ~ 008 L $ ~ ~ OO6k n ,. _, __ (. ( o!f ~ - i t ~;° :~ OOG 9 i 0089 15 4d£ ( Q / ~e> IZ foo'oiG^ m ° v ~ I ~L °~ ^i - _ __ PIS 1 4;91 006E OE~ ~UE4 OOOL ~ '~-~~p~l o `~ P °o~ `o ~ ~_ I _ ~'~'-f781 1da00 ^'I ~~rv~ 1 ~ ~ P 1S'-1.6L ~~ = - 00SZ ,%~~- ~ OOStI OOE9L ~,\ o° ~'' , n~ ~°' ~ ~ ° ~, o II v ~~ ~ ~~ ~ro~H -~ m ~ ~ r..l. a ~ -i ~~> ? ~ 00882 1 / v006 x)06 ~o , _~ m j/. C ~ J, ~ ~~~ _ i ~r ~ ~ /, ~ ~ o9a oou as U~sz s~ 6o i; ~ a ~ o '~ ' `~ o n ,? 9p0 °` ~ _. __ .. - _ , ^o'Hf/ - - / ` '6 I7 ~~/ Blair Comprehensive Plan Update - 2029 Chapter 5 5.21 V ^~ ^~ Z L ^^~ /w. ~.L _I V L M N i° ph ~~ ~~~ u~~j~ ~J i,t}. ~ i • r, APPENDIX I Blair Community Survey Executive Summary The average length of time that the respondents to the survey have lived in Blair was 28 years, while the number of persons in their household averaged 2.62 persons. Approximately 20 percent of the households responding to the survey had two persons 62+ years of age in the residence, and 16 percent of the respondents had 1 person 62+ years of age residing in the house. Lastly, the vast majority of the respondents to the survey, nearly 94 percent, owned their home. Community growth and expansion is anticipated to be a reoccumng issue during the next 10 years, and even beyond to the next 25 years, with the City of Blair maintaining at least a 1.0 percent annual population gain. The population today in Blair is estimated to be 8,233 people, in 10 years equaling 8,821 and as of 2028, approximately 10,548 persons. Two of the primary questions asked in the survey was which direction should future housing grow, and which direction should commercial and industrial development expand to. The following is a break down by total community and each of the subareas. • City-wide results indicated housing growth should be to the, l .) North, 2.) To the Northwest/west, and 3.) To the west/southwest. Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7 Region 8 First Choice North North North North North Northwest North North Second Choice South Northwest South West Northwest N/W/NGV Northwest Northwest Third Choice Southwest Southwest West West West West South no clear direction • City-wide results indicated commercial and industrial development should expand to the, 1.) East, 2.) Southeast, and 3.) South/Southeast. Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7 Region 8 First Choice East East East East Southeast East East no clear direction Second Choice Southeast SE/SW Southeast East South Southeast no clear direction no clear direction 1 Third Choice South East/South no clear direction SE/SW Northeast SE/NE no clear direction no clear direction ,. ~ ~ , ~. I ' ' ~ y Respondents to the Survey overwhelmingly stated that public monies should be utilized for: l.) [266] Public Services for the youth, elderly and a community center. 2.) [218] Infrastructure improvement, or development of streets, water, sewer, etc. 3.) [ 144] Retail and commercial development. Results of the survey also indicate that these public monies should be generated from: 1.) Grants, 2.) Sales Tax, and 3.) User Fees. More than half of the respondents to the survey (54.8 percent) believed that the community should improve traffic safety in Downtown Blair. While, nearly an equal amount of respondents thought that there is and is not sufficient parking in the Downtown, with 46.8 percent saying yes and 48 percent stating no. A majority, 212 persons (54.4 percent) of the respondents, felt that there is not a need for public transportation, while at least 121 persons (31 percent) felt it should be considered. A small majority, 198 (47 percent) to 172 (41 percent) of respondents believed that there is not a need for improvements at railroad crossings. However, of the 198, nearly 62 percent said that Blair needs an additional overpass, while 51 percent were not in favor of closing any railroad crossings. Services provided to the residents of Blair were for the. most part thought to be good by the respondents of the survey. Top rated services include: - Fire/Rescue Protection (399) - Postal Service (367) - Ball Parks (367) - City Parks (365) - Police Protection (340), and - Library Facilities (338) Lowest rated services inclued: - Public Transportation (152) - Shopping Facilities (146) - Sidewalks (84) - Employment Opportunities (82) - Snow Removal (75), and - Cable Television (73) Additional Services that were thought to be needed in the City of Blair are: Greatly Needed Services: Not Needed Services: - Highway 30/75 By-pass (261) - Sidewalk Improvements (138) - Community Center (127) - Youth Activities (116) - Hiking and Biking Trails (109), and - Additional Sidewalks (105) - Housing in the Downtown (228) - City Funded Recycling Center (172) - Apartment/Rental Housing (163) - Public Transportation (159) - Hiking and Biking Trails (102), and - Tie (92) (Services for Under / Unemployed) (Community Center) 297 respondents (70 percent) knew that the City has information on City Cable Channel, 201 knew information was on the City Website. 260, or 64.9 percent, believe the City should be more aggressive in code enforcement. Lastly, 65 percent of the respondents felt the City should be more aggressive in requiring property owners to install sidewalks where none exist and nearly 75 percent said city should require property owners to repair bad sidewalks. 2 .1~ ~ ~. . BLAIR COMMUNITY SURVEY NOVEMBER, 2003 Total Blair Population Surveyed Please take a few minutes to complete the following Community Survey. The results of the Survey will greatly assist the City in the update of its Comprehensive Plan. The results of the individual surveys will be kept confidential. Thank you for your assistance with this important survey. Please return your completed survey by December 12, 2003. 1. How long have you lived in the Blair Area? 28.11 years 2. Which area of Blair do you live? # Entire Blair Community (see map) 3. Number of persons in your household? # 2.62_people 4. Number of persons 62+ years in your household? # 83 of 410 (20.2%) households reported 2 people 62+ years of age. 67 of 410 (16.3%) households reported 1 person 62+ years of age. 5. Do you 386 (93.7%) -own or 26 (6.3%) rent your home? (Please check (/) 6. What direction should Blair's HOUSING grow in the future? t h ion i O N orth outh East West Northwest Northeast Southwest eas Sout n p o First Choice 95 46 8 34 48 2 21 13 17 Second Choice 32 43 6 41 48 12 35 20 0 Third Choice 19 27 11 49 33 17 41 27 4 Check Mark 21 18 4 12 17 8 14 2 78 7. What direction should Blair's COMMERCIAL AND INDUSTRIAL development grow in the future? North South East West Northwest Northeast Southwest Southeast No Opinion First Choice 5 25 70 5 2 1 8 33 12 Second Choice 6 25 23 4 6 17 12 36 0 Third Choice 6 18 11 6 1 15 14 20 3 Check Mark 11 37 96 5 5 11 22 47 45 8 _ -- .... r ----___i-- -_,] ......_.,....;...7~<.olnmm~n+ in Rlair7 now 30 snouia u-~uc; ~~~~~~~C~ uC Housing u~~~ 144 ~~~.. ~.,~ .,,,...~.~._~.,, ~__~ ___-__-_-- Retail/Commercial Development - 56 - Industrial Development 104 Recreation (parks, trails, etc. 266 Public Services (youth, elderly, community center) 218 Infrastructure Improvement or Development (streets, water, sewer) ~ i.n Other (specify) 9. Which of the following public money sources do you support to assist in financing community and economic development activities or improvements in Blair? Sales Property User Grants Other Tax Tax Fees first 118 26 81 150 17 hoice econd 76 35 84 90 16 hoice bird 71 33 59 30 13 hoice 10. What activities in other communities would you like to see in Blair? 11. Is there a need for additional traffic safety improvements in Downtown? 227 Yes 130 No 57 No Opinion 54.8% 31.4% 13.8% 12. Is there sufficient parking Downtown? 195 (46.8%) Yes 200 (48.0%) No 22 (5.2%) No Opinion 13. Are you in favor of a highway bypass around the City? 334 (79.9%) Yes 61 (14.6%) No 23 5.5% No Opinion 14. Is there a need for improvements at Railroad Crossings? 172 (40.6%) Yes 198 (46.9%) No 52 12.5% No Opinion 14a. If yes, is there a need for additional under/overpass for the Railroad Tracks? 125 (61.6%) Yes 57 (28.1%) No 21 (10.3%) No Opinion 14b. Also, if yes, are you in favor of closing some existing Railroad Crossings? 51 (27.3%)Yes 95 (50.8%)No 41 21.9% No Opinion 15. Is there a need for public transportation in the City? 121 (31.0%) Yes 212 (54.4%) No 57 (14.6%) No Opinion 1 Fi_ Plaaca rata (rhark (/11 tha miality of tho fnllnxxTincr- ~A 1 ~- ~ SERVICE GOOD FAIR POOR COMMENTS Fire/Rescue Protection 399 23 3 Police Protection 340 74 3 Street Conditions 178 217 29 Street Maintenance 181 201 38 Sidewalks 126 210 84 Library Facilities 338 65 6 Civil Defense 238 96 9 Planning and Zoning 111 173 47 Building Inspection and Codes 182 153 35 Garbage Collection 349 49 17 Postal Service 367 45 13 City Parks 365 51 3 Ball Parks 367 38 1 Recreational Programs 259 104 24 Snow Removal 193 149 75 Public Education 328 51 5 Local Medical Services 271 106 25 Local Social Services 202 117 10 Elderly Services 167 149 24 Public Transportation 70 66 152 Available Housing 195 156 28 Shopping Facilities 64 194 146 Employment Opportunities 96 169 82 Public Utilities (water, sewer) 280 117 24 Cable Television 139 149 73 Child Care 151 131 22 General Attractiveness of City 237 142 20 Local Recycling Program 329 62 9 Golf Course 250 60 8 Senior Center 169 98 34 Other s ecif 17. Please checx (/) tnose aaaiL~und~ aci SERVICE vi~c~ .,u ~G~ GREATLY NEEDED . u~„ ~~ SOMEWHAT NEEDED - -- DO NOT NEED COMMENTS Affordable Housing 104 171 71 Additional Senior Housing 75 171 78 15` Time Homebuyer Program 118 136 62 Housing Rehabilitation Program 99 129 68 Housing in the Downtown 21 78 228 Apartment/Rental Housing 32 130 163 Housing for Persons with Disabilities 56 193 44 Additional Sidewalks 105 163 82 Sidewalk Improvements 138 165 55 Services for Under- or Unemployed 70 148 92 Hiking & Bicycling Trails 109 156 102 Winter Recreational Activities 104 138 90 Services for Single Parents 58 168 76 Services for Elderly 87 185 42 Child Day Care 48 159 91 Adult Day Care 52 167 74 Services for Persons with Disabilities 62 178 50 Youth Activities 116 139 75 Adult Recreational Activities 79 145 89 Community Center 127 107 92 Public Transportation 80 106 159 Highway 30 and 75 By-Pass Route 261 75 54 City Funded Recycling Center 46 109 172 Other (s ecify) 18. Did you know the City posts meeting notices and information on the City cable channel? .297 (69.9%) yes 128 (30.1%) no 19. Did you know the City posts meeting notices and information on the City Website (www.blairnebraska.or~)? 201 (52.8%) yes 180 (47.2%) no 20. Should the City be more or less aggressive in code/nuisance violation enforcement? 260 (75.1%) more 86 (24.9%) less 21. Should the City be more or less aggressive in requiring property owners to install sidewalks where sidewalks don't exist? 226 (64.9%) more 122 (35.1%) less 22. Should the City be more or less aggressive in requiring property owners to repair bad sidewalks? 278 (74.5%) more 95 (25.5%) less Thank you for your participation in this important Community Survey. If you have any questions, contact Rod Storm, City Administrator or Scott Bovick, Assistant City Administrator, at 426-4191. A Community "Open House" will be scheduled in early 2004 to discuss the results of the Survey. Public Notice of the Open House will appear in the local newspaper and on the City's cable television channel. Your attendance at the Open House will be welcomed. ORDINANCE NO. 2022 COUNCIL MEMBER ABBOTT INTRODUCES THE FOLLOWING ORDINANCE: AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS AND OFFICIAL ZONING MAP, 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 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 of land throughout the City and, WHEREAS, the Planning Commission has made a preliminary report and held 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 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 any index and they shall be wholly disregarded by any person, officer, court or other tribunal in construction the terms and provisions of the 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 8th day of March, 2005. ,~. JA E REALPH, MAYOR ATTEST: ~~ ~~ BRENDA WHEELER, CITY CLERK (Seal) ~';, ~i i ~, 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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 8th day of March, 2005. BRENDA R WHEELER, CITY CLERK Proposed Amendments to Ordinance No. 2022 and Ordinance No. 2023 Motion to amend Ordinance No. 2022 as follows: - 701.08 6(b) of Zoning Regulations front yard -Accessory buildings may be located between the front building line of the principle building and the front property line, provided said accessory buildings meet front yard setback requirements only upon the az~~roval ova conditional use hermit The conditional use permit may include but not limited to requirements for additional set back landscaping; screening and etc. - 501.07 (1) of Zoning Regulations the minimum lot for all uses prescribe in AGG District shall be ten (10) areas, except when a tract of at least three (3) acres is created as a result of the one lot split permitted after January 1, 1979 per Section 705 of the Blair Subdivision Regulations, and the second lot is greater then ten (10 acres. - 805.04 Exceptions Add - (6) Miniature golf courses recreationalp acilities (7) Other uses which are similar to the~e~~zitled~rincipal uses and which are in hcnnzony with the intent of this distt~ict - Zoning Map should be amended to rezone Lots 2, 3, 4, 5 of Southfork Division as RML. Motion to amend Ordinance No. 2023 as follows: - 705 of Subdivision Regulations -First paragraph. shall be amended to read as follows: "An existing plotted lot or parcel of land shown as a unit or as contiguous units on the January I, 1979 Tax Rolls, of sufficient size, may be divided into no more than two (2) lots, upon recommendation of the Planning Commission and approval of the City Council. In AGG a lot split is allowed where a Iot, tract or parcel of Land is divided into one lot that is at least three (3) acres and a second lot is -eater than ten (10} acres. TABLE OF CONTENTS ARTICLE INTRODUCTION. ORDINANCE N0.2022 ARTICLE 1. GENERAL PROVISIONS SECTION 101 TITLE SECTION 102 JURISDICTION SECTION 103 PURPOSES AND OBJECTIVES OF THE ORDINANCE ARTICLE 2. APPLICATION OF REGULATIONS SECTION 201 GENERAL SECTION 202 ZONING AFFECTS EVERY BUILDING AND USE SECTION 203 PERFORMANCE STANDARDS SECTION 204 OPEN SPACE, OR OFF-STREET PARKING OR LOADING SPACE SECTION 205 YARD AND LOT REDUCTION PROHIBITED SECTION 206 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS ARTICLE 3. CONSTRUCTION AND DEFINITIONS SECTION 301 CONSTRUCTION 301.01 TENSE 301.02 NUMBER 301.03 SHALL AND MAY 301.04 GENDER 301.05 HEADINGS SECTION 302 GENERAL TERMINOLOGY SECTION 303 DEFINITIONS 303.01 TEXT OF DEFINITIONS ARTICLE 4. ESTABLISHMENT AND DESIGNATION OF DISTRICTS SECTION 401 PLANNING COMMISSION RECOMMENDATIONS SECTION 402 DISTRICTS CREATED SECTION 403 DISTRICT ZONING MAP City of Blair Zoning Regulations Index, page 1 TABLE OF CONTENTS ARTICLE SECTION 404 ZONING MAP CHANGES SECTION 405 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES SECTION 406 ANNEXATION RULE ARTICLE 5. AGG AGRICULTURAL DISTRICTS SECTION 501 AGG GENERAL AGRICULTURAL DISTRICT 501.01 INTENT 501.02 PERMITTED PRINCIPAL USES AND STRUCTURES 501.03 PERMITTED ACCESSORY USES AND STRUCTURES 501.04 EXCEPTIONS 501.05 CONDITIONS FOR GRANTING EXCEPTIONS 501.06 PROHIBITED USES AND STRUCTURES 501.07 MINIMUM LOT REQUIREMENTS 501.08 MINIMUM YARD REQUIREMENTS 501.085 ADDITIONAL SETBACK REQUIREMENTS 501.09 MAXIMUM LOT COVERAGE 501.10 MAXIMUM HEIGHT 501.11 SIGN REGULATIONS: 501.12 OFF-STREET PARKING 501.13 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 ARTICLE 6. RESERVED ARTICLE 7 R RESIDENTIAL DISTRICTS SECTION 701 RRE RURAL RESIDENTIAL ESTATE DISTRICT 701.01 INTENT 701.02 PERMITTED PRINCIPAL USES AND STRUCTURES 701.03 PERMITTED ACCESSORY USES AND STRUCTURES 701.04 EXCEPTIONS 701.05 CONDITIONS FOR GRANTING EXCEPTIONS 701.06 PROHIBITED USES AND STRUCTURES 701.07 MINIMUM LOT REQUIREMENTS: 701.08 MINIMUM YARD REQUIREMENTS 701.085 ADDITIONAL SETBACK REQUIREMENTS 701.09 MAXIMUM LOT COVERAGE 701.10 MAXIMUM HEIGHT 701.11 SIGN REGULATIONS 701.12 OFF-STREET PARKING REQUIREMENTS 701.13 ADDITIONAL PAVING & OTHER IMPROVEMENT REQUIREMENTS City of Blair Zoning Regulations Index, page 2 TABLE OF CONTENTS ARTICLE 701.14 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 SECTION 702 RL RESIDENTIAL LOW DENSITY DISTRICT 702.01 INTENT 702.02 PERMITTED PRINCIPAL USES AND STRUCTURES 702.03 PERMITTED ACCESSORY USES AND STRUCTURES 702.04 EXCEPTIONS 702.05 CONDITIONS FOR GRANTING EXCEPTIONS 702.06 PROHIBITED USES AND STRUCTURES 702.07 MINIMUM LOT REQUIREMENTS 702.08 MINIMUM YARD REQUIREMENTS 702.085 ADDITIONAL SETBACK REQUIREMENTS 702.09 MAXIMUM LOT COVERAGE 702.10 MAXIMU~IV1 HEIGHT 702.11 SIGN REGULATIONS 702.12 OFF STREET PARKING 702.13 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 SECTION 703 RM RESIDENTIAL MEDIUM DENSITY DISTRICT 703.01 INTENT 703.02 PERMITTED PRINCIPAL USES AND STRUCTURES 703.03 PERMITTED ACCESSORY USES AND STRUCTURES 703.04 EXCEPTIONS 703.05 CONDITIONS FOR GRANTING EXCEPTIONS 703.06 PROHIBITED USES AND STRUCTURES 703.07 MINIMUM LOT REQUIREMENTS 703.08 MINIMUM YARD REQUIREMENTS 703.085 ADDITIONAL SETBACK REQUIREMENTS 703.09 MAXIMUM LOT COVERAGE 703.10 MAXIMUM HEIGHT 703.11 SIGN REGULATIONS 703.12 OFF-STREET PARKING SECTION 704 RML MULTI-FAMILY RESIDENTIAL LOW DENSITY DISTRICT 704.01 INTENT 704.02 PERMITTED PRINCIPAL USES AND STRUCTURES 704.03 PERMITTED ACCESSORY USES AND STRUCTURES 704.04 EXCEPTIONS 704.05 CONDITIONS FOR GRANTING EXCEPTIONS 704.06 PROHIBITED USES AND STRUCTURES 704.07 MINIMUM LOT REQUIREMENTS City of Blair Zoning Regulations Index, page 3 TABLE OF CONTENTS ARTICLE 704.08 MINIMUM YARD REQUIREMENTS 704.085 ADDITIONAL SETBACK REQUIREMENTS 704.09 MAXIMUM LOT COVERAGE 704.10 MAXIMUM HEIGHT 704.11 SIGN REGULATIONS 704.12 OFF-STREET PARKII~TG REQUIREMENTS SECTION 705 RMH MULTI-FAMILY RESIDENTIAL HIGH DENSITY DISTRICT 705.01 INTENT 705.02 PERMITTED PRINCIPAL USES ANA STRUCTURES 705.03 PERMITTED ACCESSORY USES AND STRUCTURES 705.04 EXCEPTIONS 70.05 CONDITIONS FOR GRANTING EXCEPTIONS 705.06 PROHIBITED USES AND STRUCTURES 705.07 MINIMUM LOT REQUIREMENTS 705.08 MINIMUM YARD REQUIREMENTS 705.085 ADDITIONAL SETBACK REQUIREMENTS 705.09 MAXIMUM LOT COVERAGE 705.10 MAXIMUM HEIGHT 705.11 SIGN REGULATIONS 705.12 OFF-STREET PARKING ARTICLE 8 ACH AGRICULTURALBUSINESS AND COMMERCIAL DISTRICTS SECTION 801 ACH AGRICULTURAL/HIGHWAY COMMERCIAL DISTRICT 801.01 INTENT 801.02 PERMITTED PRINCIPAL USES AND STRUCTURES 801.03 PERMITTED ACCESSORY USES AND STRUCTURES 801.04 EXCEPTIONS 801.05 CONDITIONS FOR GRANTING EXCEPTIONS 801.06 PROHIBITED USES AND STRUCTURES 801.07 MINIMUM LOT REQUIREMENTS 801.08 MINIMUM YARD REQUIREMENTS 801.085 ADDITIONAL SETBACK REQUIREMENTS 801.09 MAXIMUM LOT COVERAGE 801.10 MAXIMUM HEIGHT 801.11 SIGN REGULATIONS 801.12 REPAIR GARAGE REQUIREMENT 801.13 SCREENING REQUIREMENTS 801.14 OFF-STREET PARKING SECTION 802 CCB CENTRAL BUSINESS DISTRICT 802.01 INTENT 802.02 PERMITTED PRINCIPAL USES Al~~ STRUCTURES City of Blair Zoning Regulations Index, page 4 TABLE OF CONTENTS ARTICLE 802.03 PERMITTED ACCESSORY USES AND STRUCTURES 802.04 EXCEPTIONS 802.05 CONDITIONS FOR GRANTING EXCEPTIONS 802.06 PROHIBITED USES AND STRUCTURES 802.07 MINIMUM LOT REQUIREMENTS 802.08 MINIMUM YARD REQUIREMENTS 802.085 ADDITIONAL SET-BACK REQUIREMENTS 802.09 MAXIMUM LOT COVERAGE 802.10 MAXIMUM HEIGHT 802.11 SIGN REGULATIONS 802.12 OFF STREET PARKING SECTION 804 CL LI_MITED COMMERCIAL DISTRICT 804.01 INTENT 804.02 PERMITTED PRINCIPAL USES AND STRUCTURES 804.03 PERMITTED ACCESSORY USES AND STRUCTURES 804.04 EXCEPTIONS 804.05 CONDITIONS FOR GRANTING EXCEPTIONS 804.06 MINIMUM LOT REQUIREMENTS 804.07 MINIMUM YARD REQUIREMENTS 804.075 ADDITIONAL SETBACK REQUIREMENTS 804.08 MAXIMUM LOT COVERAGE 804.09 MAXIMUM HEIGHT 804.10 SIGN REGULATIONS 804.11 OFF-STREET PARKING REQUIREMENTS SECTION 8 05 OFFICE PARK DISTRICT 805.01 INTENT 805.02 PERMITTED PRINCIPAL USES AND STRUCTURES 805.03 PERMITTED ACCESSORY USES AND STRUCTURES 805.04 EXCEPTIONS 805.05 CONDITIONS FOR GRANTING EXCEPTIONS 805.06 PROHIBITED USES AND STRUCTURES 805.07 MINIMUM YARD REQUIREMENTS 805.08 MAXIMUM LOT COVERAGE 805.09 MAXIMUM HEIGHT 80.10 SIGN REGULATIONS ARTICLE 9. A /ML AGRICULTURE/INDUSTRIAL AND MANUFACTURING DISTRICTS SECTION 901 A/ML AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT 901.01 INTENT City of Blair Zoning Regulations Index. page ~ TABLE OF CONTENTS ARTICLE 901.02 PERMITTED PRINCIPAL U SES AND STRUCTURES 901.03 PERMITTED ACCESSORY USES AND STRUCTURES 901.04 EXCEPTIONS 901.05 COI~TDITIONS FOR GRANTING EXCEPTIONS 901.06 PROHIBITED USES AND STRUCTURE 901.07 MINIMUM LOT REQUIREMENTS 901.08 MINIMUM YARD REQUIIZEMENTS 901.085 ADDITIONAL SETBACK REQUIREMENTS 901.09 MAXIMUM LOT COVERAGE 901.10 MAXIMUM HEIGHT 901.11 SIGN REGULATIONS 901.12 REPAIR GARAGE REQUIREMENT 901.13 OFF-STREET PARKING SECTION 902 A/MH AGRICULTURAL/HEAVY INDUSTRIAL AND MANUFACTURING DISTRICT 902.01 INTENT 902.02 PERMITTED PRINCIPAL USES AND STRUCTURES 902.03 PERMITTED ACCESSORY USES AND STRUCTURES 902.04 EXCEPTIONS 902.05 CONDITIONS FOR GRANTING EXCEPTIONS 902.06 PROHIBITED USES AND STRUCTURES 902.07 MINIMUM LOT REQUIREMENTS 902.08 MINIMUM YARD REQUIREMENTS 902.085 ADDITIONAL SETBACK REQUIREMENTS 902.09 MAXIMUM LOT COVERAGE 902.1.0 MAXIMUM HEIGHT 902.11 SIGN REGULATIONS 902.12 OFF-STREET PARKING ARTICLE 10 S SPECIAL MODIFIED AND APPENDED DISTRICTS SECTION 1001 SHM MOBILE HOME DISTRICT 1001.01 INTENT 1001.02 STANDARDS 1001.03 MINIMUM LOT REQUIREMENTS 1001.04 MINIMUM YARD REQUIREMENTS 1001.05 OFF-STREET PARKING SECTION 1002 SFP FLOOD PLAIN DISTRICT 1002.01 INTENT 1002.02 PERMITTED PRINCIPAL USES AND STRUCTURES 1002.03 PERMITTED ACCESSORY USES AND STRUCTURES 1002.04 EXCEPTIONS City of Blair Zoning Regulations Index, page 6 TABLE OF CONTENTS ARTICLE 1002.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS 1002.06 PROHIBITED USES AND STRUCTURES 1002.07 MINIMUM LOT REQUIREMENTS 1002.08 MINIMUM YARD REQUIREMENTS 1002.085 ADDITIONAL SETBACK REQUIREMENTS 1002.09 MAXIMUM LOT COVERAGE 1002.10 MAXIMUM HEIGHT 1002.11 SIGN REGULATIONS 1002.12 OFF-STREET PARKING 1002.101 FLOOD PLAIN DISTRICT; DEFINITIONS 1002.102 FLOOD LOSSES REGULATING FROM PERIODIC INUNDATION 1002.103 GENERAL CAUSES OF THESE FLOOD LOSSES 1002.104 METHODS USED TO ANALYZE FLOOD HAZARDS 1002.105 STATEMENT OF PURPOSE 1002.106 FLOOD PLAIN DISTRICT; JURISDICTION 1002.107 FLOOD PLAIN DISTRICT; ENFORCEMENT OFFICER 1002.108 FLOOD PLAIN DISTRICT; INTERPRETIVE AND MISCELLANEOUS PROVISIONS 1002.109 FLOOD PLAIN DISTRICT; PROCEDURE 1002.110 FLOOD PLAIN DISTRICT; APPLICATION FOR PERMIT 1002.111 FLOOD PLAIN DISTRICT; ESTABLISHMENT OF ZONING DISTRICTS 1002.112 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY OVERLAY DISTRICT AND THE FLOODWAY FRINGE OVERLAY DISTRICT 1002.113 FLOOD PLAIN DISTRICT; PERMITTED USES 1002.114 FLOOD PLAIN DISTRICT; STANDARDS FOR THE FLOODWAY FRINGE OVERLAY DISTRICT 1002.115 FLOODWAY OVERLAY DISTRICT -PERMITTED USES 1002.116 FLOOD PLAIN DISTRICT; VARIANCES 1002.117 FLOOD PLAIN DISTRICT; NON-CONFORMING USE 1002.118 FLOOD PLAIN DISTRICT; PENALTIES FOR VIOLATION 1002.119 FLOOD PLAIN DISTRICT; AMENDMENTS SECTION 1003 SPD PLANNED DEVELOPMENT DISTRICT 1003.01 INTENT 1003.02 PERMITTED PRINCIPAL USES AND STRUCTURES 1003.03 PERMITTED ACCESSORY USES AND STRUCTURES 1003.04 EXCEPTIONS 1003.05 SPECIAL CONDITIONS AND CONDITIONS FOR GRANTING EXCEPTIONS 1003.06 PROHIBITED USES AND STRUCTURES 1003.07 MINIMUM LOT REQUIREMENTS City of Blair Zoning Regulations Index, page 7 TABLE OF CONTENTS ARTICLE 1003.08 MINIMUM YARD REQUIREMENTS 1003.085 ADDITIONAL SETBACK REQUIREMENTS 1003.09 MAXIMUM LOT COVERAGE 1003.10 MAXIMUM HEIGHT 1003.11 SIGN REGULATIONS 1003.12 OFF-STREET PARKING SECTION 1005 SMC SPECIAL MEDICAL COMPLEX DISTRICT 1005.01 INTENT 1005.02 PERMITTED PRINCIPAL USES AND STRUCTURE 1005.03 EXCEPTIONS 1005.04 MINIMUM LIGHT AND HEIGHT REQUIREMENTS 1005.0 MAXIMIJM HEIGHT 1005.06 SIDE AND REAR YARD REQUIREMENTS 1005.07 FRONT SET BACK REQUIREMENTS 1005.075 ADDITIONAL SETBACK REQUIREMENTS 1005.08 MAXIMUM LOT COVERAGE 1005.09 OTHER APPLICABLE PROVISIONS 1005.10 OFF-STREET PARKING ARTICLE 11 SUPPLEMENTARY DISTRICT REGULATIONS SECTION 1101 VISIBILITY AT INTERSECTIONS SECTION 1102 FENCES, WALLS AND HEDGES SECTION 1102.01 SATELLITE DISHES, TELEVISION ANTENNAS, WIND GENERATORS 1102.02 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES 1102.02(1) PURPOSES 1102.02(2) DEFINITIONS 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) DELETED 1102.02(12) STEALTH DESIGN 1102.02(13) TELECOMMUNICATIONS FACILITIES ON ANTENNA SUPPORT STRUCTURES 1102.02(14) MODIFICATION OF TOWERS City of Blair Zoning Regulations Index, page 8 TABLE OF CONTENTS ARTICLE 1102.02(15) CERTIFICATION AND INSPECTIONS 1102.02(16) MAINTENANCE 1102.02(17) CRITERIA FOR SITE PLAN DEVELOPMENT MODIFICATIONS 1102.02(18) ABANDONMENT 1102.02(19) SEVERABILITY SECTION 1103 ACCESSORY BUILDINGS AND USES 1103.01 USE FOR DWELLING 1103.02 SIZE LIMITATIONS 1103.03 VEHICLE ACCESS 1103.04 ATTACHED ACCESSORY U SE 1103.05 FIRE HAZARDOUS ACCESSORY USES 1103.06 CAR PORTS SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT SECTION 1105 EXCEPTIONS TO HEIGHT REGULATIONS SECTION 1106 STRUCTURES TO HAVE ACCESS SECTION 1107 UTILITY AND LOT AREA REQUIREMENTS FOR RESIDENTIAL STRUCTURES SECTION 1108 TEMPORARY STRUCTURES SECTION 1109 CARETAKERS QLTARTERS SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIREMENTS 1110.5 ADDITIONAL SETBACK REQUIREMENTS SECTION 1111 PARKING REGULATIONS 1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT 1111.02 PARKING AND STORAGE OF CERTAIN VEHICLES 1111.03 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS 1111.04 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS SECTION 1112 RESCINDED SECTION 1113 CAMPGROUNDS City of Blair Zoning Regulations Index, page 9 TABLE OF CONTENTS ARTICLE SECTION 1114 SIGN REGULATIONS 1114.01 ON AND OFF-SITE SIGNS ON INTERSTATE OR FEDERAL AID PRIMARY HIGHWAYS 1114.02 PERMITTED SIGNS IN AGG AND RRE DISTRICTS 1114.03 PERMITTED SIGNS; RL, RM AND SHM 1114.04 PERMITTED SIGNS; RML, RMH AND CL DISTRICTS 1114.05 PERMITTED SIGNS ACH HIGHWAY COMMERCIAL DISTRICT 1114.06 PERMITTED SIGNS IN THE CCB AND OPD DISTRICTS 1114.07 PERMITTED SIGNS IN A/ML AND A/MH DISTRICTS SECTION 1115 PERFORMANCE STANDARDS FOR INDUSTRIAL USES 1115.01 LIMITED INDUSTRIAL PERFORMANCE STANDARDS 1115.02 INDUSTRIAL PERFORMANCE STANDARDS SECTION 1116 SPECIAL CONDITIONS AND REQUIREMENTS FOR RESIDENTIAL CONDOMINIUMS 1116.01 CONFLICTING REQUIREMENTS 1116.02 MINIMUM LOT AND HEIGHT REQUIREMENTS 1116.03 OTHER APPLICABLE PROVISIONS SECTION 1117 MANUFACTURED HOMES 1117.01 MANUFACTURED HOMES STANDARDS ARTICLE 12: NONCONFORMANCE USES SECTION 1201 INTENT SECTION 1202 NON-CONFORMING LOTS OF RECORD SECTION 1203 NON-CONFORMING USES OF LAND WITH MINOR STRUCTURES ONLY SECTION 1204 NON-CONFORMING STRUCTURES SECTION 1205 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION SECTION 1206 REPAIRS AND MAINTENANCE SECTION 1207 USES UNDER EXCEPTIONS, PROVISIONS NOT NON-CONFORMING USES SECTION 1208 NON-CONFORMING USES, LIMITED EXTENSION OF NONPERMANENT NATURES City of Blair Zoning Regulations Index, page 10 TABLE OF CONTENTS ARTICLE 1208.01 APPLICATION REQUIREMENT ARTICLE 13. CITY BOARD OF ZONING ADJUSTMENT SECTION 1301 CREATION, TERMS, MEETING, AIvD RULES SECTION 1302 ADDITIONAL REQUIREMENTS 1302.01 REQUIREMENT FOR WRITTEN APPLICATION AND CONDITIONS 1302.02 EFFECT OF NON-CONFORMANCE: 1302.03 PUBLIC HEARING AND FINDINGS OF THE BOARD 1302.04 CONDITIONS IMPOSED 1302.05 USE VARIANCES 1302.06 APPLICATION REQUIREMENTS ARTICLE 14. CONDITIONAL USES PERMITTED BY SPECIAL REVIEW SECTION 1401 GENERAL POWERS SECTION 1402 APPLICATION REQUIREMENTS SECTION 1403 RULES GOVERNING EXCEPTIONS 1403.01 ACCESS 1403.02 PARKING 1403.03 SERVICE 1403.04 UTILITIES 1403.05 SCREENING 1403.06 SIGNS 1403.07 YARDS 1403.08 COMPATIBILITY 1403.09 UNLESS SPECIFICALLY WAIVED SECTION 1404 CITY COUNCIL PUBLIC HEARING, CONSIDERATION AND PROCEDURE SECTION 140 EXPIRATION OF CONDITIONAL USE PERMITS ARTICLE 15. ADMINISTRATIVE PROCEDURE AND ENFORCEMENT SECTION 1 ~O1 DUTIES OF ADMINISTRATIVE OFFICIAL. BOARD OF ZONING ADJUSTMENT, AND COURTS ON MATTERS OF APPEAL SECTION 1503 BUILDING PERMITS REQUIRED SECTION 1504 APPLICATION FOR BUILDING PERMIT SECTION 1505 REVOKED City of Blair Zoning Regulations Index, page 11 TABLE OF CONTENTS ARTICLE SECTION 1506 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATE OF ZONING COMPLIANCE SECTION 1507 NEW BUILDINGS ON UNAPPROVED STREETS ARTICLE 16. AMENDMENT SECTION 1601 GENERAL SECTION 1602 SUBMISSION TO PLAI~~NING COMMISSION SECTION 1603 AMENDMENT CONSIDERATION AND ADOPTION SECTION 1604 PROTEST ARTICLE 17. COMPLAINTS, PENALTIES, REMEDIES SECTION 1701 COMPLAINTS REGARDING VIOLATIONS SECTION 1702 PENALTIES SECTION 1703 REMEDIES ARTICLE 18 LEGAL STATUS PROVISIONS SECTION 1801 SEPARABILITY SECTION 1802 PURPOSE OF CATCH HEADS SECTION 1803 REPEAL OF CONFLICTING ORDINANCES SECTION 1804 EFFECTIVE DATE City of Blair Zoning Regulations Index, page 12 ORDINANCE N0.2022 AI~T ORDINANCE ESTABLISHING COMPREHENSIVE 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 of land throughout the City and, WHEREAS, the Planning Commission has made a preliminary report and held 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 City of Blair Zoning Regulations Introduction, page 1 WHEREAS, all requirements of Sections 18-1 ~ 06, 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: City of Blair Zoning Regulations Introduction, page 2 ARTICLE 1. GENERAL PROVISIONS SECTION 101 TITLE This ordinance maybe known and may be 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 maybe 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 Ordinance is adopted in order to achieve the following objectives: 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 objectives 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 use. 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. City of Blair Zoning Regulations Article 1, page 1 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. City of Blair Zoning Regulations Article 1, page 2 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 No building or other structure shall hereafter be erected or altered; 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 any 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. SECTION 205 YARD A_ND 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. City of Blair Zoning Regulations Article 2, page 1 SECTION 206 PROVISIONS OF ORDINANCE DECLARED TO BE MI>\~IMUM 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 lower height of building or a less 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. City of Blair Zoning Regulations Article 2, page 2 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. 301.01 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. 3 01.05 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 303.01 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: (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, detached 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. (3) AGRICULTURE shall mean the use of land for agricultural purposes including farming, City of Blair Zoning Regulations Article 3, page 1 dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal poultry husbandry. (4) AIRPORT (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) A1~TIMAL 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 unit 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 (whether milked or dry cows), two and five-tenths (2.5) hogs each weighing over 55 pounds, one (1) head of horses and/or donkeys, ten (10) sheep or lambs, fifty-five (~~) turkeys, one hundred (100) laying hens or broilers if the facility has continuous overflow watering, thirty (30) laying hens or broilers 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 may be 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; City of Blair Zoning Regulations Article 3, page 2 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 ROOMING 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 City of Blair Zoning Regulations Article 3, page 3 material is removed changing the existing topography of the particular property. (18) BORRO W 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 finished 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: a. 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; b. An uncovered stair or landing not extending more than forty-eight (48) inches from a building; or, c. 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 may be publicly or privately owned and operated. (26) CAMPING UNIT: Any vehicle, tent, trailer, or other movable shelter used for camping purposes. City of Blair Zoning Regulations Article 3, page 4 (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. (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 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. (35) 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. (36) 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. (37) COMMON SEWER SYSTEM: A sanitary sewage system in public ownership which provides 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. (38) COMMON WATER SYSTEM: A water system which provides for the supply, storage and distribution of potable water which is in public ownership. City of Blair Zoning Regulations Article 3, page ~ (39) 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. (40) 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). (41) 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. (42) CONDOMINNM 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) 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. City of Blair Zoning Regulations Article 3, page 6 (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. (~0) 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 and 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 City of Blair Zoning Regulations Article 3, page 7 such zoning districts as exceptions, if specific provision for such exceptions is made in this Ordinance (See Conditional Use Permit). (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) FARMHAND: Any person who is employed full-time as an agricultural worker. (63) 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. (64) FARM RESIDENCE: Residential dwellings located on a farmstead including mobile homes as living quarters for persons employed on the premises. (65) 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. Gates and posts are considered parts of the fence structure. (For board or other solid barriers, see "Wall"). (66) 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 (''/z) 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. ~. Enclosed porches. City of Blair Zoning Regulations Article 3, page 8 6. Floor area devoted to accessory uses. 7. Interior walls. 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. (67) 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 on the premises. (68) FRONTAGE shall mean that portion of a parcel of property which abuts a dedicated public street or highway. (69) GARAGE, PRIVATE shall mean a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles for the occupants of the dwelling, including carports. (70) GARAGE, PUBLIC shall be defined as any building or a portion of any building for the housing of vehicles other than a private garage. (71) 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. (72) 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. (73) 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. (74) GOVERNING BODY: That Body having jurisdiction in the zoning area. (75) GROUP DAY CARE HOME: A facility, other than a public or parochial school which is in the business of providing care to four or more 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. (76) GRADE: a. For buildings having walls facing one street only, the elevation of the fmished 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 City of Blair Zoning Regulations Article 3, page 9 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. Any wall approximately parallel to and not more than 35 feet from a street line is considered as facing the street. (77) 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. (78) 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 fmished living area in the dwelling, not to exceed 2~0 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 City of Blair Zoning Regulations Article 3, page 10 event the building, room, or space utilized for the home occupation exceeds the maximum allowable area which may be 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. 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. 1. The use does not infringe upon the right of neighboring residents to enjoy peaceful 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. (79) HOSPITAL: 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 City of Blair Zoning Regulations Article 3, page 11 cure of chronic drug addicts and mental patients. (80) 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. (81) IMPOUND LOT: Property where damaged, inoperable, or legally co~scated vehicles are stored for less than six months. y (82) KENNEL: The housing of four (4) or more dogs of four (4) or more months or the business of buying, selling, raising, breeding, boarding, housing, caring for, feeding, or training of dogs; excluding veterinarian clinics, animal shelters, and animal hospitals licensed under the laws of the State of Nebraska. (83) LANDSCAPING: Shall include the original planting of suitable vegetation in conformity with the requirements of this Regulation and the continued maintenance thereof. (84) 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. (85) LODGING HOUSE: Shall mean the same as "Boarding House". (86) LOT: For purpose of this Ordinance a lot is a tract of land of at least sufficient size to meet mi5imum 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. (87) 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. (88) 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. (89) LOT 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. (90) 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 City of Blair Zoning Regulations Article 3, page 12 recorded. (91) 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. (92) 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 meet at an interior angle of less than thirty-five (35) degrees. See lots marked A in the diagram. B , ,t B ....r' ~~ ' A- D , (7) ` r i I r---- A 8 A r r 8 ; ~ 18-0 -----~--_. A i C ~•---s---~-- ~-- C-D ~~~ ~ r X 8 1 8 1 Br __ ~ ,A(1) ' r I t r t ~~ ~ r ~A A `. ~~ ~- , .~ , i. B r ~ `: B g ~ ~ g r ~~ ,~~ r~ B A A r B - - -- -_ , (93) 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. (94) 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. (95) LOT, THROUGH: Indicated as C on Exhibit "A", a through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as a double frontage lot. (96) 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). City of Blair Zoning Regulations Article 3, page 13 (97) MAJOR RECREATION EQUIPMENT: Major 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. (98) 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. (99) 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. (100) MOBILE HOME/MOBILE HOME PARK: Ayear-round, transportable structure which is a single family dwelling unit suitable for permanent, more than thirty (30) 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. (101) 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 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. (102) 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 of the Nebraska revised Statutes. (103) 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 City of Blair Zoning Regulations Article 3, page 14 accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels and similar designation. (104) 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. (1 OS) Iv~IJRSING HOME OR CONVALESCENT HOMES: An institution or agency licensed by the 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. (106) OFFICE: The use of a building for administrative, business, or professional operations. See also: Professional Office. (107) 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. All 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 un-parked 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 off street parking for the purposes of these regulations. For purposes of approximate computation, anoff-street parking space and necessary access and maneuvering may be 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. (108) PARKWAYS: Those streets which are similar to an arterial, but with a large median for landscaping and somewhat slower traffic flow. (109) PEDESTRIAN WAYS: Is a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties. (110) 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. (111) 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 City of Blair Zoning Regulations Article 3, page 15 group or combination acting as an entity. (112) PLANNED DEVELOPMENT: Special development of certain tracts of land, 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. (11 ~) 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. (114) PRINCIPAL/PRIMARY BUILDING: The building in which the main use of the lot is conducted. (115) PRINCIPAL/PRIMARY USE: The main use of a lot, building, or structure. (116) 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. (117) 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. (118) 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. (119) QUASI-PUBLIC ORGANIZATIONS shall mean any non-governmental organization that is devoted entirely to public service and welfare. (120) REPAIR GARAGE: See GARAGE, REPAIR (121) RESIDENTIAL CONDOMINIUM: See CONDOMINIUM, RESIDENTIAL (122) RENTAL AND LEASING ESTABLISHMENTS, LNSIDE 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. City of Blair Zoning Regulations Article 3, page 16 (123) RENTAL Al~TD 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. (124) RIGHT-OF-WAY: All property dedicated to the public or subject to public or private easement for street, highway, freeway, roadway, utility, or public works purposes. (125) SALVAGE YARD: Any lot, or the use of any portion of a lot, for the dismantling, storage or wrecking of machinery, farm 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. (126) 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. (127) 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. (128) 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. (129) 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. (130) SIGN, BILLBOARD, OFF-SITE, OR OFF-PREMISE: 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. (131) 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. (132) SIGN, HOME OCCUPATIOI~T: A sign containing only the name and occupation of a permitted home occupation. (133) SIGN, ILLUMINATED: A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. (134) SIGNS, ON-SITE: A sign relating in its subject 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 City of Blair Zoning Regulations Article 3, page 17 signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. (135) 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. (136) SIGN, POLITICAL: A temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election. (137) SIGN, PROJECTING: A sign that is wholly or partly dependent upon a building for support and projects more than twelve inches from such building. (138) 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. (139) SIGN, TEMPORARY, PORTABLE: A sign, flag, banner, pennant or valance constructed of lightweight material which is not permanently attached to building or land and which is intended for display for a limited period of time. (140) 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. (141) SIGN AREA: 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, the combined area of each face shall equal the total area of the sign. (142) 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. (143) STORAGE UNITS, MINI: Storage units primarily for the storage and housing of personal properly including but not limited to household goods, boats, motor vehicles, with each unit generally not exceeding two hundred (200) square feet. (144) 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. (145) STREET shall be defined as meaning a public 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. (146) STREET LINE shall mean the boundary line between the street right-of--way and the abutting property. City of Blair Zoning Regulations Article 3, page 18 (147) STREET, LOOP: A street having both ends terminating on another single street. (148) STREET, MARGINAL: A minor street which is parallel to and adjacent to an arterial street and which serves to reduce the number of access points to the arterial street and thereby increase traffic safety. (149) 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 function. b. ARTERIAL: A street which provides for through traffic movement between and around areas with direct access to abutting property, subj ect 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. (150) 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. (151) STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, 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. (152) STRUCTURE, TEMPORARY shall mean a structure which is readily movable. (153) TAVERN: An establishment in which 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. City of Blair Zoning Regulations Article 3, page 19 (1~4) 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. `" (155) 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. (156) 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. (157) 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 subject to height limitations and requirements limiting obstructions of visibility and subject 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. (158) YARD, FRONT: A yard extending from the front lot line adjoining 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 before to July 1, 1994: A. At least one front yard shall be provided having the full depth required generally in the City of Blair Zoning Regulations Article 3, page 20 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 re-platted after 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 assumed 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. (159) 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. (160) 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. (161) 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 lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. City of Blair Zoning Regulations Article 3, page 21 ARTICLE 4. ESTABLISHMENT Alv'D 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 Commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the City Council shall not hold its public hearings or take action until it has received the final 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 OPD -Office Park 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. 2022 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 City of Blair Zoning Regulations Article 4, page 1 description of nature of change)", which entry shall be signed by the Chairman or the Mayor and attested by the City Clerk. 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. SECTION 405 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES 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 ~ 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. City of Blair Zoning Regulations Article 4, page 2 8. Where a district boundary line divides a lot which was in single o~~nership 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. City of Blair Zoning Regulations Article 4, page 3 ARTICLE 5. AGG 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 maybe 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. SECTION 501 AGG GENERAL 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 may be detrimental to normal community expansion. 501.02 PERMITTED PRINCIPAL USES AND STRUCTL7RES: 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 public right-of--way. (7) Windbreaks, when in conformance with the following: No windbreaks consisting of planted trees and/or shrubs 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. City of Blair Zoning Regulations Article 5, page 1 501.03 PERMITTED ACCESSORY USES AND STRUCTURES: The follo~~ing 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. In accordance with Section 1103.02(1), there is no limit to the number of permitted accessory buildings. (2) Home occupations. (3) Roadside stands for the sale of agricultural produce grown on the site. ~Ol .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) Agricultural 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; City of Blair Zoning Regulations Article 5, page 2 (10) Dirt, soil, sand, gravel, and rock borrow pits and processing sites; (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 Quality'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 adjacent to the principal farm residence for occupation by relatives of consanguinity and marriage or for farmhands 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 GRANTLNG 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 of public or private 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 Governing Body finds said use to be unsightly. (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) City of Blair Zoning Regulations Article 5, page 3 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. (~) For borrow pits, the owner must submit grading plans(s) showing final grades, amounts, and material to be removed, method and direction of hauling, sediment control plan to restrict materials from washing onto or into public and/or private property, final seeding specifications, proposed dust and 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. X01.07 MINIMUM LOT REQUIREMENTS: (1) The minimum lot area for all uses prescribed in AGG District shall be ten (10) acres, except when a tract of at least three (3} acres is created as a result of the one lot split permitted after January 1, 1979 per Section 705 of the Blair Subdivision Regulations, and the second lot is greater than ten (10) acres. (2) The minimum lot width at the front building line shall be three-hundred (300) feet. 501.08 MINIMUM YARD REQUIREMENTS: (1) Front yard: There shall be a minimum front yard of not less than a depth ofone-hundred twenty (120) feet from the center line of a Federal Aid-Primary or Federal Aid-Secondary designated street or highway of fifty (~0) 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 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 rear yard setback of not less than twenty-five (25) feet. (3) Side yard: There shall be a minimum side yard of not less than fifty (50) feet; provided, however, City of Blair Zoning Regulations Article 5, page 4 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. 501.10 MAXIMUM HEIGHT: No limitation. 501.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 501.12 OFF-STREET PARKING: In granting a conditional use permit, the City Council may require that any or all of the proposed off-street parking be hard surfaced with either portland cement, concrete, or asphalt. Notwithstanding the above, all such off-street parking shall comply with the provisions of Section 1111.03 of this Ordinance. 501.13 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 (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, cesspools, 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 one-hundred (100) 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 (10,000) 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. City of Blair Zoning Regulations Article 5, page 5 ARTICLE 6. RESERVED City of Blair Zoning Regulations Article 6, page 1 ARTICLE 7 R RESIDENTIAL DISTRICTS The purposes and obj ectives 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 of estate-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 properly 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 AI~~ STRUCTURES: Accessory uses and structure normally appurtenant to the permitted uses and structures and to uses and structures permitted as exceptions shall be permitted. 701.04 EXCEPTIONS: After the provisions of this Ordinance relating to exceptions have been City of Blair Zoning Regulations Article 7, Section 701, page 1 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. 701.0 CONDITIONS FOR GRANTLNG 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: (a) Three (3) acres, in which case a private sewer and private well are permissible, or (b) 1.25 acres up to 2.99 acres with public water, or (c) 30,000 square feet up to 1.249 acres with public water, sewer and paving. (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 a depth ofone-hundred (100) feet from the center line of Federal Aid-Primary or Federal Aid-Secondary designated street or highway or 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 City of Blair Zoning Regulations Article 7, Section 701, page 2 center line of the street or highway or thirty-five (35) 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. (2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (2~) 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. (~) 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 -Accessory buildings may be located between the front building line of the principle building and the front property line, provided said accessory buildings meet front yard setback requirements. (B) Front Yard -Accessory buildings maybe located between the front building line of the principle building and the front property line, provided said accessory buildings meet front yard setback requirements only upon the approval of a conditional use permit. The conditional use permit may include but not limited to requirements for additional set back, landscaping, screening, etc. (C) Rear Yard -Unless specifically permitted, no accessory building shall be located closer than five (~) 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. 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) City of Blair Zoning Regulations Article 7, Section 701, page 3 percent of the total lot area. 701.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for the main structure. The size limitations for accessory structures located within the City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and SECTION 110 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. 701.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 701.12 OFF-STREET PARKING: In granting a conditional use permit, the City Council may require that any or all of the proposed off-street parking be hard surfaced with either portland cement, concrete, or asphalt. 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 OTHER M'ROVEMENT REQUIREMENTS: 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 feet up to 1.2~ acres, all streets, curb and gutter shall 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 of Nebraska, 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's 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 lot size of 3 acres, the developer must include, as part of the preliminary plat and final, 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's 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. City of Blair Zoning Regulations Article 7, Section 701, page 4 701.14 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 (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, cesspools, 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 (~0) feet from any other residential structure. (4) There shall be no waste absorption field located closer than fifty (100) 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 (10,000) 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. City of Blair Zoning Regulations Article 7, Section 701; page 5 SECTION 702 RL RESIDENTI_AL 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 appurtenant to 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. with or without columbarium; (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 City of Blair Zoning Regulations Article 7, Section 702, page 1 center. 702.0 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 lot shall have not less than fifty (50) feet of frontage when a lot 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 City of Blair Zoning Regulations Article 7, Section 702, page 2 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 (~) 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 (1 ~) 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 (35) feet for the main structure. The size limitations for accessory structures located within the City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. 702.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 702.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. 702.13 UTILITY AND LOT AREA FOR RESIDENTIAL STRUCTURES PER SECTION 1107 (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, cesspools, 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 (100) 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 City of Blair Zoning Regulations Article 7, Section 702, page 3 (10,000) 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. City of Blair Zoning Regulations Article 7, Section 702, page 4 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 be permitted 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 appurtenant 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, with or without columbarium; (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) Hospitals, medical and dental clinics and other medical and health facilities; City of Blair Zoning Regulations Article 7, Section 703, page 1 (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 GRANTII~TG 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 area per 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 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 City of Blair Zoning Regulations Article 7, Section 703, page 2 highways there shall be a minimum front yard of not less than adepth oftwenty-five (25) feet from the property line. (2) Rear yard: The minimum rear yard of a principal structure shall be twenty-five (2~) 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) Distance between structures: The minimum distances between a residential structure and another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall not be considered a separate structure for the purpose of this section. (~) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS: (A) Side yard -Same as district in which accessory use is located except an accessory building may be located in the side yard as close as five (5) feet to the property line and/or ten (10) feet from any other building, whichever is greater, providing it is located between the rear building line of the principle building and the rear property line and no building shall be located within any easement or right-of--way. (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 (~) feet from the rear property line and/or within ten (10) feet of any other building, whichever is greater and no accessory building shall be located within any easement or right-of--way along the rear property line. If the accessory building requires vehicular access perpendicular to an alley, a minimum fifteen (15) feet access driveway is required between said accessory building and the alley. 703.085 ADDITIONAL SETBACK REQUIREMENTS - CREEKS/WATER COURSES: In addition to any other minimum yard requirements, no structure shall be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance. 703.09 MAXIlVIUM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40) percent of the total lot area. 703.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for the main structure. The size limitations for accessory structures located within the City Limits of City of Blair Zoning Regulations Article 7, Section 703, page 3 Blair, Nebraska, shall be subj ect to the provisions of SECTION 1103.02 and SECTION 110 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. City of Blair Zoning Regulations Article 7, Section 703, page 4 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 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. 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; City of Blair Zoning Regulations Article 7, Section 704, page 1 (4) Public uses of an administrative; public service or cultural type including cite, county, state or federal administrative centers and courts, libraries, museums, art Galleries, police and fire stations and other public buildings, structures and facilities; V (~) Cemeteries, with or without columbarium; (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) 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. (15) 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 MINIMUM 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 City of Blair Zoning Regulations Article 7, Section 704, page 2 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. (~) 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 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 (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 (10) feet. Each unit of an attached single family dwelling shall not be considered a separate structure for the purpose of this section. City of Blair Zoning Regulations Article 7, Section 704, page 3 (5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS: (A) Side yard -Same as district in which accessory use is located except an accessory building may be located in the side yard as close as five (5) feet to the property line and/or ten (10) feet from any other building, whichever is greater, providing it is located between the rear building line of the principle building and the rear property line and no building shall be located within any easement or right-of--way. (B) Front Yard - No accessory building shall be located between the front building line of the principle building and the front property line. (C) Rear Yard -Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the rear property line and/or within ten (10) feet of any other building whichever is greater, no accessory building shall be located within any easement orright-of--way along the rear property line. If the accessory building requires vehicular access perpendicular to an alley, a minimum fifteen (1~) feet access driveway is required between said accessory building and the alley. 704.085 ADDITIONAL SETBACKREQUIREMENTS - CREEK/WATER COURSES: In addition to any other minimum yard requirements, no structure shall be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance. 704.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed forty (40) percent of the total lot area. 704.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for the main structure. The size limitations for accessory structures located within the City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. 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. City of Blair Zoning Regulations Article 7, Section 704, page 4 SECTION 705 RMH MULTI-FAMILY 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 PERMITTED PRINCIPAL USES AND STRUCTURES: The 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. (~) 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; City of Blair Zoning Regulations Article 7, Section 705, page 1 (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, with or without columbarium; (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) 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) 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 Hiah 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. City of Blair Zoning Regulations Article 7, Section 705, page 2 (4) The minimum width of each lot shall be sixty (60) feet. (~} 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. 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 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 adj acent 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. e. The side yard requirements as set forth herein shall not apply to the common fire walls and the line thereof extended to the front and rear property lines of attached single family dwellings. (4) Distance between structures: The minimum distances between a residential structure and another structure shall be ten (10) feet. Each unit of an attached single family dwelling shall not be considered a separate structure for the purpose of this section. (5) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS: (A) Side yard -Same as district in which accessory use is located except an accessory City of Blair Zoning Regulations Article 7, Section 705, page 3 building may be located in the side yard as close as five (~) feet to the property line and/or ten (10) feet from any other building, whichever is greater, providing it is located between the rear building line of the principle building and the rear property line and no building shall be located within any easement or right-of--way. (B) Front Yard - No accessory building shall be located between the front building line of the principle building and the front property line. (C) Rear Yard -Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the rear property line and/or within ten (10) feet of any other building, whichever is greater, and no accessory building shall be located within any easement or right-of--way along the rear property line. If the accessory building requires vehicular access perpendicular to an alley, a minimum fifteen (15) feet access driveway is required between said accessory building and the alley. 705.085 ADDITIONAL SETBACK REQUIREMENTS -CREEKS/WATER COURSES: In addition to any other minimum yard requirements, no structure shall be installed or constructed in violation of section 1110.5 of this Zoning Ordinance. 705.09 MAXIMUM LOT COVERAGE: The maximum lot coverage shall not exceed seventy (70) percent of the total lot area. 705.10 MAXIMUM HEIGHT: The height of all structures shall not exceed thirty-five (35) feet for the main structure. The size limitations for accessory structures located within the City Limits of Blair, Nebraska, shall be subject to the provisions of SECTION 1103.02 and SECTION 1105 of the Comprehensive Zoning Ordinance of the City of Blair, Nebraska. 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.-1-2~F-F=STREETP-ARKING: Off-street-parkng_ shall behard_surfaced in conformance with ____ - the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 7, Section 705, page 4 ARTICLE 8 ACH AGRICULTITRAL/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 bepermitted as uses by right except when located within 200 feet of any Residential District, in which case a conditional use permit will be required to allow the following uses: (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 Barber, beauty, tanning, and manicure shops Bars, cocktail lounges or nightclubs Boat sales and services Bowling alley Bus depots and transit stations Car and truck sales, both new and used with full service and repairs Car wash Convenience stores with gasoline sales Dry cleaning and laundry establishments Feed, grain, and fertilizer sales Furniture stores Garden and lawn supplies stores, nurseries and greenhouses Hotels and motels Ice cream and confectionery stores Lumber and building materials Offices Plumbing and heating services Recreational vehicle sales and service City of Blair Zoning Regulations Article 8, Section 801, page 1 Rental and lease establishments, inside storage only Restaurants, including drive-in restaurants 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 A/CH Highway Commercial District in accordance with ARTICLE 14 of this Ordinance. (1) Automobile service stations (2) Repair Garages (3) Mini-storage units (4) Contract construction offices and services, when all materials are contained within the walls of the building (5) Farm implement and farm machinery fabrication, sales and service, and farm equipment and supplies, sales and service (6) Mobile Home sales (7) 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; City of Blair Zoning Regulations Article 8, Section 801, page 2 (8) Churches and other religious institutions; (9) Private clubs and lodges; (10) Public buildings and grounds; (11) Go-Cart race tracks. (12) Overnight recreational vehicle parking areas limited to six spaces in conjunction with another permitted use. (13) Multi-family dwellings. (14) Family day care home, group day care home, or day care center. (15) Public Utility structures, services and facilities (16) 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. (17) 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 A/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 Governing Body to be obj ectionable to persons living or working in the vicinity by reasons of 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 A/CH Highway Commission District. City of Blair Zoning Regulations Article 8, Section 801, page 3 801.07 MINIMUM 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 (~) 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. (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 for multi-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 (~) 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 City of Blair Zoning Regulations Article 8, Section 801, page 4 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. 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 SCREENLNG REQUIREMENTS. Screening pursuant to this section shall be required between the A/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 A/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 A/CH -Highway Commercial District, and the value of the improvements listed on said building permit is equal to or greater than 20% of the assessed valuation of the A/CH -Highway Commercial property being so improved. (1) The screening shall consist of a solid or semi solid fence or wall at least six (6) feet in height or hedges, shrubs, trees, or other living landscape which effectively provides a solid, dense, and opaque mass, and shall be not less than six (6) feet in height or by planting vegetation which shall reach a height of not less than six (6) feet within three (3) years. (2) Landscaping -Required front and rear yards shall be landscaped. A landscaping plan shall be submitted contemporaneously with the building permit application. The landscaping shall be approved by the City Administrator. City of Blair Zoning Regulations Article 8, Section 801, page 5 (3) Said screening shall not be required where the A/CH -Highway Commercial District and residential district are divided by a street or alley with a right of way not less than fifty (~0) feet in width. (4) Said screening requirement shall not be required where the wall of any building is not greater than five (5) feet from the set back requirement within the A/CH -Highway Commercial District, and there are no windows or other openings except for doors for emergency purposes only. (~) In the event hedges, shrubs, trees or other living landscape is used for the screening one (1) break or opening in the screen not more than twenty (20) feet in width shall be permitted per business or use within the A/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. City of Blair Zoning Regulations Article 8, Section 801, page 6 SECTION 802 CCB CENTRAL BtiSINESS DISTRICT 802.01 II~TTENT: 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 except when located within 200 feet of any Residential District, in which case a conditional use permit will be required to allow the following uses: (1) Offices; (2) 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. 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. City of Blair Zoning Regulations Article 8, Section 802, page 1 Drapery, curtain and upholstery stores. Drug and proprietary stores. 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 furniture 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. 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. City of Blair Zoning Regulations Article 8, Section 802, page 2 Secondhand stores and pawnshops. Secretarial, service and letter shops. 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 may be waived for good cause shown); (6) Residences on the second floor of commercial buildings (the minimum off street parking and loading requirements of Section 1111 maybe waived for good cause shown); (7) Multi-family residential uses (the minimum off street parking and loading requirements of Section 1111 may be waived for good cause shown); (8) Other trade and service uses which are similar to the permitted principal uses and which are in City of Blair Zoning Regulations Article 8, Section 802, page 3 harmon~~ 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: (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. (~) 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 Governing Body to be objectionable to persons living or working in the vicinity by reason of 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 front yard of ten (10) feet. (2) Rear yard: The minimum rear yard abutting a R Residential District shall be ten (10) feet. (3) Side yard: The minimum side yard abutting a R Residential District shall be ten (10) feet. 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. City of Blair Zoning Regulations Article 8, Section 802, page 4 802.09 MAXIMUM LOT COVERAGE: No limitations. 802.10 MAXIMUM HEIGHT: No structure shall exceed seventy-five (75) feet. 802.11 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 802.12 OFF-STREET PARKING: Off-street parking is required per Section 1111. Properties located South of the alley of Blocks 3 5 through 39 and North of the alley of Blocks 44 through 48 are eligible to receive a waiver to the parking requirements granted by the CitS~ Council after a recommendation from the Planning Commission. Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 8, Section 802, page ~ SECTION 804 CL LIMITED COMMERCIAL DISTRICT 804.01 INTENT: The CL Limited Commercial District is intended to provide an area for residential and limited commercial services. 804.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right except when located within 200 feet of any Residential District, in ~~hich case a conditional use permit will be required to allow the following uses: (1) Offices (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. 804.03 PERMITTED ACCESSORY USES AI~TD 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 follo~~ing 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. City of Blair Zoning Regulations Article 8, Section 804, page 1 (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. (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 of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, 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 unit shall be one thousand five hundred (1,500) square feet per unit. (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 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: City of Blair Zoning Regulations Article 8, Section 804, page 2 (A) Side yard -Same as district in which accessory use in located except an accessory building may be located in the side yard as close as five (5) feet to the property line and/or ten (10) feet from any other building, whichever is greater; providing it is located between the rear building line of the principle building and the rear property line and no building shall be located within any easement orright-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 accessary 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 (3 ~) feet for the main structure and sixteen (16) feet for accessory structures all subject to the provisions of Section 1105 of this Ordinance.. 804.10 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 804.11 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 8, Section 804, page 3 SECTION 805 OFFICE PARK DISTRICT 805.01 INTENT: The intent of the Office Park District is to encourage the development of corporate office headquarters and a variety of professional and medical offices in a park like setting. This district is intended to be located on arterial streets in close proximity to commercial, industrial and/or public facilities and to buffer these higher use areas from single and multifamily residential districts. The district is intended to provide an appealing atmosphere, stressing the quality of the environment with the use of landscaping, street trees, bushes, natural appearing rock formations, etc. to partially screen parking areas and soften the appearance of the OPD -Office Park District. 805.02 PERMITTED PRINCIPAL USES AND STRUCTURES: The following shall be permitted as uses by right except when located within two-hundred (200) feet of anv Residential District, in which case a conditional use permit will be required to allow the following uses: (1) Office buildings used only for the administration functions of companies, corporations, social or philanthropic organizations or societies. (2) Professional offices limited to: a. Accountants, financial services, lawyers and brokerage firms. b. Architects, engineers, planners, landscape architects. c. Doctors, dentists, medical clinics and surgical offices. d. Chiropractors, physical therapists. e. Real estate, insurance companies, mortgage firms. (3) Service facilities limited to: a. Counseling services for rehabilitation, treatment and therapy. b. Child care centers and preschools when integrated within a office building. c. Commercial uses for support retail, such as convenience stores, office supply and copying, photographic and printing services. 805.03 PERMITTED ACCESSORY USES AND STRUCTURES: The following accessory uses and structures shall be permitted: (1) Buildings and uses customarily incidental to the permitted uses, including but not limited to parking lots and parking garages, outdoor sitting and recreation areas, athletic fields, walking paths, ponds and reflecting pools. 805.04. 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 OP District in accordance with ARTICLE 14 of this Ordinance: (1) Apartments or living quarters when located within an office building. (2) Construction offices where all equipment and materials are stored inside a permanent structure. City of Blair Zoning Regulations Article 8, Section 805, page 1 (3) Contractor yards. (4) Restaurants. either within an office building or in a stand alone building. (~) Public utility structures, services and facilities. (6) Miniature golf courses, recreational facilities. (7) Other uses which are similar to the permitted principal uses and which are in harmony with the intent of this district. 80.05 CONDITIONS FOR GRANTING EXCEPTIONS: Notwithstanding the requirements of ARTICLE 14 of this Ordinance shall apply as minimum requirements for granting exceptions in the OP 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) eet 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 areas 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. 80.06 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not specifically permitted or not permissible as exceptions shall be prohibited from the OP District. 805.07 MINIMUM YARD REQUIREMENTS: (1) Front yard: There shall be a minimum front yard of not less than adepth oftwenty-five (25) feet from the property line to allow for more extensive landscaping and greenery area. (2) Side yard: The minimum side yard of twenty (10) feet shall be provided, except when abutting a Residential District(s) the setback shall be twenty-five (2~) feet. (3) Rear yard: The minimum rear yard of twenty (20) feet shall be provided, except when abutting a Residential District(s) the set back shall be thirty-five (35) feet. (4) Distance between structures: The minimum distances between commercial office buildings shall be twenty (20) feet for a maximum of a three (3) story building, and an additional ten (10) feet for each story above a three story building. 805.08 MAXIMUM LOT COVERAGE: Sixty-five (65) percent. 805.09 MAXIMUM HEIGHT: A five (5) story building, or Seventy (70) feet. 805.10 SIGN REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. City of Blair Zoning Regulations Article 8, Section 805, page 2 ARTICLE 9. A/ML AGRICULTURAL/INDUSTRIAL A:'~~ MANUFACTU-RING DISTRICTS SECTION 901 A/ML AGRICULTURAL/LIGHT INDUSTRIAL A_ND 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; (~) 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; City of Blair Zoning Regulations Article 9, Section 901, page 1 (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. (17) Offices 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 EXCEPTIOI~TS: 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) Impound Lots if screened on all sides by a solid fence, masonry wall or a compact growth of natural plant materials not less than six (6) feet in height. (5) Other uses which are similar to the permitted principal uses and which are in harmony with the intent of this district. 901.0 CONTDITIONS 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 of this 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. City of Blair Zoning Regulations Article 9, Section 901, page 2 (3) Where a site adjoins 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. (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 ofliquidpetroleumproducts 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: All residential uses of any kind. 2. Anhydrous Ammonia Plants. 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 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. 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 be twenty-five City of Blair Zoning Regulations Article 9, Section 901, page 3 (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 (2~) feet, five (5) feet when property does not abut a residential district. (4) An additional set back requirement to all other minimum rear, side, and front yard requirements for antennas and transmitting structures shall be a minimum set back requirement equal to the height of said antenna or transmitting structure. Additionally no antenna or transmitting structure shall be located within a distance equal to the height of the tower of any utility transmission lines serving the premises other than lines exclusively serving the premises upon which the tower is located. (~) 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 (2~) feet from the side properly 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 properly line. (C) Rear Yard -Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the rear property line except when property abuts any Residential District(s) an accessory building shall be a minimum of twenty-five (2~) 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. 901.08 ADDITIONAL- SETBACK REQUIREMENTS - CREEK/WATER COURSES: In addition to any other minimum yard requirements, no structure shall be installed or constructed in violation of Section 1110.5 of this Zoning Ordinance. 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 City of Blair Zoning Regulations Article 9, Section 901, page 4 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 gro~~th or natural plant materials less than eight feet in height. Such screened area shall be limited to an area behind the rear line of any building or structure used as a repair garage on the premises. 901.13 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 9, Section 901, page 5 SECTION 902 A/_VIH AGRICULTURAL/HEAVY INDUSTRIAL 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. 902.02 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: (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 City of Blair Zoning Regulations Article 9, Section 902, page 1 (2) Impound Lots if screened on all sides by a solid fence, masonry wall or a compact growth of natural plant materials not less than six (6) feet in height. (3) 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 Heavy 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 adjoins 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 structure, 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 than five (5) feet of a required yard adjoining 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 City of Blair Zoning Regulations Article 9, Section 902, page 2 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 twent;~ (20) feet from the property line. These yard requirements shall apply to any yard abutting a Federal Aid-Primary and Federal Aid-Secondary designated street or highway regardless of the lot being an interior or corner lot. (2) Rear yard: The minimum side yard abutting an R Residential District shall 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. (~) An additional set back requirement to all other minimum rear, side, and front yard requirements for antennas and transmitting structures shall be minimum set back requirement equal to the height of said antenna or transmitting structure. Additionally no antenna or transmitting structure shall be located within a distance equal to the height of the tower of any utility transmission lines serving the premises other than lines exclusively serving the premises upon which the tower is located. (6) YARD REQUIREMENTS FOR ACCESSORY BUILDINGS: (A) Side yard -Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the side property line except when property abuts any Residential District(s) an accessory building shall be a minimum of twenty-five (25) feet from the side property line, and/or ten (10) feet from any other building, whichever is greater and no accessory building shall be located within any easement or right-of--way long the rear property line. (B) Front Yard - No accessory building shall be located between the front building line of the principle building and the front property line. (C) Rear Yard -Unless specifically permitted, no accessory building shall be located closer than five (5) feet from the rear property line except when property abuts any Residential 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. City of Blair Zoning Regulations Article 9, Section 902, page 3 902.09 MAXIMliM LOT COVERAGE: No limitations. 902.10 YLAXIMLTM HEIGHT: No structure shall exceed two hundred fifty (2~0) feet except an antenna or transmitting structure. 902.11 SIGI\? REGULATIONS: All signs shall be in conformance with the regulations provided herein and with the provisions of SECTION 1114 of this Ordinance. 902.12 OFF-STREET PARKING: Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 9, Section 902, page 4 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 SHM MOBILE HOME DISTRICT 1001.01 INTENT: This district is intended for those areas where it is determined that mobile homes as defined in SECTION 303.01 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 subj ect to the same use regulations as conventional single-family dwelling units. Mobile homes are allowed only in areas designated SHM -Special Mobile Home District. 1001.02 STANDARDS: All mobile homes and mobile home parks must meet the following standards: (1) The mobile home shall have: a. No less than seven hundred fifty (750) square foot floor area, excluding garages. b. No less than a sixteen (16) foot exterior width. c. Permanent connections to permanently located utilities complying with plumbing and electrical codes. d. A certificate stating the construction complies with the Federal Department of Housing and Urban Development's mobile home construction and safety standards. (2) The area of the mobile home stand shall be improved to provide an adequate and approved foundation for the placement and tie-down of the mobile home, thereby securing the super- structure against uplift, sliding, rotation, or overturning. (3) 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 super-structure. The mobile home or trailer stand may be provided by means of a solid concrete footer block (16" x 16" x 4" Minimum) placed on solid uniform soil with at least two (2) standard concrete blocks with cells placed vertically beside each other on the footer block. A solid 4" concrete cap covering the two (2) concrete blocks shall be provided as the bearing area to be positioned directly beneath the steel frame of the mobile home or trailer. Such clocking 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. City of Blair Zoning Regulations Article 10, Section 1001, page 1 (4) The mobile home or trailer stand shall be provided with anchors and the tie downs such as cast-in-lace concrete "dead men", eyelets imbedded 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 designated to resist the action of frost in the same manner as the foundation system. (~) The 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 raisers if they are located within the skirted area. (6) Mobile home parks shall obtain all licensing as required by the State of Nebraska Department of Health and Human Services 1001.03 MII~IMUM LOT REQUIREMENTS: (1 } Individual mobile home lots shall have an area of not less than four thousand (4,000) square feet per single wide mobile home 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). (2) The mobile home park shall have direct access to a public street or highway by a right-of- way at least fifty (50) feet in width and a minimum length of one hundred (100) feet to permit the easy entrance and exit from the mobile home park. Service roads shall be provided to each mobile home space. Each service road shall provide for continuous forward movement, shall connect with a street or high~~ay, and shall have a minimum clear width of twenty (20) feet paved with a suitable dustless material. (3) Walkways not less than four (4) feet wide shall be provided from mobile home spaces to the service buildings. All walkways within the park shall be hard surfaced and lighted at night with a minimum illumination oftwenty-five (25) watt lamps spaced at intervals of not more than one hundred (100) feet. (4) Each mobile home space shall have a width of at least forty (40) feet and a length of at least seventy-five (75) feet. 1001.04 MINIMUM YARD REQUIREMENTS: Mobile homes shall be situated on individual lots so there will be a minimum of fifteen (1 ~) feet between mobile homes and that each mobile home will be set back at least fifteen (15) feet from the nearest service road. Mobile homes parked end-to-end shall have an end-to-end clearance of not less than ten (10) feet. Enclosed additions shall be considered a part of the mobile home in measuring required yard distance. The required area for each mobile home space shall not include area required for access or service roads, service buildings, recreation areas, office, and other similar mobile home park City of Blair Zoning Regulations Article 10, Section 1001, page 2 needs. 1001.05 OFF-STREET PARKING: Two off-street parking spaces for each mobile home space shall be provided at each mobile home space or in group parking. Off-street parking shall be hard surfaced in conformance with the provisions of Section 204 of this Ordinance. City of Blair Zoning Regulations Article 10, Section 1001, page 3 SECTION 1002 SFP FLOOD PLAIN DISTRICT 1002.01 INTENT: This district is intended for application in those areas which have been defined by the Nebraska Natural 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 AND STRUCTURES: Anypermitted 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 AI~TD 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 Administratorand/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) 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 City of Blair Zoning Regulations Article 10, Section 1002, page 1 b) 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 City of Blair Zoning Regulations Article 10, Section 1002, page 2 of which this district is made a part shall be the minimum yard requirements subject to additional requirements as prescribed by the City Council. 1002.085 ADDITIONAL SETBACK REQUIREMENTS -CREEKS/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 subject to additional requirements as prescribed by the City Council. 1002.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this district is made a part shall be the minimum requirements for sign regulations subject to additional requirements as prescribed by the City Council. 1002.12 OFF-STREET PARKING: The off-street parking requirements of the Parent District of which this district is made a part shall be applicable. 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. ACTUARIAL RATES - or "risk premium 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 City of Blair Zoning Regulations Article 10, Section 1002, page 3 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. 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 which the "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 definition of "FLOOD OR FLOODING"). City of Blair Zoning Regulations Article 10, Section 1002, page 4 FLOOD PLAIN MANAGEMENT -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. 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 without cumulatively increasing the water surface elevation more 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. City of Blair Zoning Regulations Article 10, Section 1002, page 5 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. 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 HOME 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 of the 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, camping, 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 City of Blair Zoning Regulations Article 10, Section 1002, page 6 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. 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. SUBSTANTIAL DAMAGE -damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed ~0 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 City of Blair Zoning Regulations Article 10, Section 1002, page 7 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. 1002.104 METHODS USED TO ANALYZE FLOOD HAZARDS: This Section uses a reasonable method of analyzing flood hazards which consists 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 of what can be 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 year, as delineated in the official flood plain study, and illustrative materials dated July 16, 1981, 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 obstruction is permitted which would 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 base flood. 1002.105 STATEMENT OF PURPOSE: It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize those losses described in Section 1002.103 by applying the provisions 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 velocities. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the 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 FLOOD PLAIN DISTRICT; JURISDICTION: This Section shall apply to all lands within the jurisdiction of the City of Blair identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and/or within the Zoning Districts FW and FF established in Section 1002.111 of this Section. In all areas covered by this Section no development shall be 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 City of Blair Zoning Regulations Article 10, Section 1002, page 8 Administrator of the Community and/or his designee is hereby designated as the Council's duly designated Enforcement Officer under this Section. 1002.108 FLOOD PLAIN DISTRICT; INTERPRETIVE AND MISCELLANEOUS PROVISIONS: The boundaries of the floodway and floodway fringe overlay 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 the terms of this Section and other applicable regulations. 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 of this 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 scientific methods of study. Larger floods may occur on rare occasions or the flood height maybe increased by man-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 Blair 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. Severability. If any section, clause, provision or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder ofthis Section shall not be affected thereby. Application for Appeal. Where a request for a permit to develop or a variance is City of Blair Zoning Regulations Article 10, Section 1002, page 9 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. DEVELOPMENT PERMIT. PERMIT REQL-IRED. 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: 1) 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. ~) 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 City of Blair Zoning Regulations Article 10, Section 1002, page 10 registered professional engineer or architect. 1002.109 FLOOD 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. The City Administrator and/or his designee is hereby appointed to administer and implement the provisions of this Section. Duties of the City Administratorand/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 Plain 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: City of Blair Zoning Regulations Article 10, Section 1002, page 11 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 definitely locate the proposed building or work. 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 flood plain 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 of the 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 of this Section are satisfied. All areas identified as numbered A Zones by the Federal Insurance Administration are subject to inundation of the100-year flood; however, the water surface elevation was not provided. This unnumbered A Zones shall be subject 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. 1) New or replacement water supply systems and/or 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. City of Blair Zoning Regulations Article 10, Section 1002, page 12 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 designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 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, may be 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 structures to have the lowest floor, including basement elevated one foot above the base flood elevation. Require new construction or substantial improvements ofnon-residential structures to have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with City of Blair Zoning Regulations Article 10, Section 1002, page 13 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 of resisting hydrostatic and hydrodynamic loads 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 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 maybe 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. Frame ties be provided at each corner of the home 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 A 1- 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') City of Blair Zoning Regulations Article 10, Section 1002, page 14 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 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 adj acent 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. City of Blair Zoning Regulations Article 10, Section 1002, page 15 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. Replacement of manufactured homes in existing manufactured home parks and subdivisions is prohibited unless the conditions of Sections 1002.114 (5) and Section 1002.11 ~ 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 1102.12 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; City of Blair Zoning Regulations Article 10, Section 1002, page 16 The importance of the services provided by the proposed facilit;~ 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; 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 constructed 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 maybe 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 any designated floodway if 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. City of Blair Zoning Regulations Article 10, Section 1002, page 17 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. 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 nonconforming 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 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 State Inventory of Historic Places. City of Blair Zoning Regulations Article 10, Section 1002, page 18 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. 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 apublic hearing in relation thereto, at which parties in interest and citizens shall have an opportunity 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. City of Blair Zoning Regulations Article 10, Section 1002, page 19 SECTION 1003 SPD PLANNED DEVELOPMENT DISTRICT 1003.01 II~'TENT: The provisions ofthis Section are to be applied in instances ~=here 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 else=here 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 City. 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. 1003.03 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 permitted. 1003.04 EXCEPTIONS: After the provisions ofthis 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 GRANTLNG 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 City of Blair Zoning Regulations Article 10, Section 1003, page 1 M Industrial g 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 he/she 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. City of Blair Zoning Regulations Article 10, Section 1003, page 2 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 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 final 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 law, 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 maybe 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 (2~%) grade. City of Blair Zoning Regulations Article 10, Section 1003, page 3 1003.08 MINIMUM YARD REQUIREMENTS: The yard requirements of the Parent District of which this district is made a part shall be the minimum yard requirements subject to additional requirements as prescribed by the City Council. 1003.085 ADDITIONAL SETBACK REQUIREMENTS -CREEKS/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. 1003.11 SIGN REGULATIONS: The sign regulations of the Parent District of which this district is made a part shall be the minimum requirements for sign regulations subject to additional requirements as prescribed by the City Council. 1003.12 OFF-STREET PARKING: The off-street parking requirements of the Parent District of which this district is made a part shall be applicable. City of Blair Zoning Regulations Article 10, Section 1003, page 4 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. 1005.0? PERMITTED PRINCIPAL USES AND STRUCTURE: Any principal uses permitted in the zoning district to which the SMC -Special Medical Complex District classification is appended shall continue. In addition, a hospital or medical, dental, or health clinic shall be a permitted principal use. 1005.03 EXCEPTIONS: Any conditional use permitted in the primary zoning district to which the SCM -Special Medical Complex district is appended. 1005.04 MINIMUM LIGHT AND HEIGHT REQUIREMENTS: All height and lot area requirements in the primary zoning district to which the SMC -Special Medical Complex district is appended shall apply to a hospital or medical, dental, or health clinic. The additional following minimum lot and height requirements shall apply to a hospital or medical, dental, or health clinic. The minimum lot area for a parking lot for hospital or medical, dental, or health clinic purposes shall be 15,000 contiguous square feet. The minimum lot area for hospital or medical, dental, or health clinics shall be 40,000 contiguous square feet. 1005.05 MAXIMUM HEIGHT: Maximum height shall be fifty-five feet for any hospital or medical, dental, or health clinic. 1005.06 SIDE AND REAR YARD REQUIREMENTS: (1) Side and rear yard requirements for hospital or medical, dental, or health clinics shall be equal in footage to the height of the structure. (2) From parking to any side or rear lot line the minimum set back requirement shall be seven feet except no set back requirement shall apply to a lot line abutting a dedicated alley. 1005.07 FRONT SET BACK REQUIREMENTS: The front yard set back requirement shall be the same as the primary zoning district to which the SMC -Special Medical Complex district is appended. 1005.075 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. City of Blair Zoning Regulations Article 10, Section 1005, page 1 1005.09 OTHER APPLICABLE PROVISIONS: (1) Where a hospital or medical, dental, or health clinic adjoins or is located across an alley, any lot or parcel upon which a residential structure is located, a solid wall or fence, vine covered open fence, or compact evergreen hedge six feet in height shall be located on the property line common to such residential structure except in the front yard. Said screening requirement shall not be required if there preexists on the adjacent residential property screening which complies with the requirements of this section. Such screening requirement shall also not be required where the wall of any building is not greater than five (~) feet from the set back requirement within the primary district to which this SMC -Special Medical Complex district is appended, and there are no windows or other openings except for doors for emergency purposes only. (2) Any illumination or lighting for hospital or medical, dental, or health clinics shall be directionalized so as prohibit lighting of any adjacent residential structure. 100.10 OFF-STREET PARKING: The off-street parking requirements of the Parent District of which this district is made a part shall be applicable. City of Blair Zoning Regulations Article 10, Section 1005, page 2 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. The sight triangle consists of the area measured along the curb or outside lane of a street, beginning at the point where the two curb lines would intersect perpendicularly. No obstruction, including fences, hedges, walls, shrubbery or other manmade or natural obstructions shall exist between a height of two and one-half (2 1/2) feet and ten (10) feet with a sight triangle of the follow=ing dimensions set forth on Diagram shown below and incorporated by this reference herein: i _ __ STt~E c T SEE Gl_A~~ 1 t=tGA'r(Oi..f, -----c~~n~ ~-- 3 m.°1i `~ ~C/ Il r 5lGF}T TIZIs~.NG~t= c?.ScM GNT t ~TY~[GAL~ r U r r N 2 ~ T' ~ 0 ~~ Q Y ~ r /' CURB r Vt ! J + U t r fIl ' m u I f! ~~$(D ISTsaNC~ IN FE~'r~ STtz=`E7 GLA551t=(GATIOn! ~ ~ J ~M':ASU2 ED ALONG Cu1'b ot" J l9 0 ~ ~ ~ outside lane) ~'~ " ~ 1n a >J w ~ U ; 6l F - }~- `.~~~ CDfSTAtJG~ tN F£ET~ J ~ 0 ~' Q 1~ a 45 LOGA L s _ Q-~ E T 45 ~ 45 60 45 _ GOLLSG?opt s ~ z_s~- 45 45 60 60 A¢Ti=R1.aL s T z~e7 45 45 60 rte- I G I-~ T T ~ (A t~l *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). City of Blair Zoning Regulations Article 1 1, Section 1101, page 1 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 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), 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 City of Blair Zoning Regulations Article 1 1, Section 1102, page 1 fenced. 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. SECTION 1102.01 SATELLITE DISHES, TELEVISION ANTENNAS, WIND GENERATORS 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 may be 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 may be located in the front yard which is opposite of the direction which the majority 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 TELECOMMUNICATIONS TOWERS AND FACILITIES 1102.02(1) Purposes 1102.02(2) Definitions 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 City of Blair Zoning Regulations Article 1 1, Section 1102, page 2 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. 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 longer 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. City of Blair Zoning Regulations Article 1 1, Section 1102, page 3 (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 Owrier 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. (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 roof-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: (1) 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. City of Blair Zoning Regulations Article 11, Section 1102, page 4 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. (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 adj acent land uses, including, but not limited to, architecturally screened roof-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: (1) 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. City of Blair Zoning Regulations Article 11, Section 1102, page 4 (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: 1. A/ML -- AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING 2. A/MH -- AGRICULTLTRAI,/HEAVY 1NDUSTRIAL 3. AGG -- GENERAL AGRICULTURAL DISTRICT; provided however, no person shall build, erect or construct a tower within one mile from the corporate limits of the City 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 may be permitted in excess of one hundred and fifty (150) feet in accordance with 1102.02(17) "Criteria for Site Plan Development Modifications." (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 of the 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 Structures within 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, City of Blair Zoning Regulations Article 1 1, Section 1102, page 5 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 (1/z) mile radius of the proposed Tower site. (6) An affidavit attesting to the fact that the Applicant made diligent, but unsuccessfu , efforts to install or collocate the Applicant's Telecommunications Facilities on Towers or usable Antenna Support Structures owned by other Persons located within a one-half (1/~) 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 a one-half (%) mile radius of the proposed Tower site. (S) A written statement from an Engineer(s) that the construction and placement of the Tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent 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, Plaruling 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 o~- Antenna Support Structures) which meet FCC standards. In order to provide information to its citizens, the City shall make available, upon request, copies o:E 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 systen-~ City of Blair Zoning Regulations Article 11, Section 1102, page 6 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 ownedand/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 maybe 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 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 determining 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; Height of proposed tower. 2. Proximity of the tower to residential structures and residential district boundaries. Nature of uses on adjacent and nearby properties. 4. Surrounding topography. 5. Surrounding tree coverage and foliage. 6. Design of tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. 7. Proposed ingress and egress. 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 City of Blair Zoning Regulations Article 1 1, Section 1102, page 7 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). 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. 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. 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. For 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 City of Blair Zoning Regulations Article 11, Section 1102, page 8 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 boun~r~~ies. (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. (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. City of Blair Zoning Regulations Article 11, Section 1102, page 9 1102.02(9) Exterior Finish. Towers not requiring FA_A painting or marking shall 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 adjacent 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. Ti o signs shall be allowed on any antenna or tower. 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 primary 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 not 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. City of Blair Zoning Regulations Article 11, Section 1102, page 10 1102.02(14) Modification of Towers. (a} A Tower existing prior to the effective date of this Ordinance, which was in compliance with the City's zoning regulations immediately prior to the effective date of this Ordinance, may continue inexistence as a nonconforming structure. Such nonconforming structures maybe 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(10, "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. (b) Except as provided in this Section, a nonconforming structure or use may not 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 (0 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 maybe required by the City to submit more frequent certifications should there be reason to City of Blair Zoning Regulations Article 11, Section 1102, page 11 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 by 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 local 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. (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 of Adjustment") 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 City of Blair Zoning Regulations Article 11, Section 1102, page 12 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. (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. City of Blair Zoning Regulations Article 11, Section 1102, page 13 (2) In the case of a request for modification to the separation and buffer requirements from other Towers of 1102.02(6), ``Separation 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; (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. (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 fmds 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 City of Blair Zoning Regulations Article 11, Section 1102, page 14 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 apreponderance ofthe 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 by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. City of Blair Zoning Regulations Article 11, Section 1102, page 15 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. Accessory buildings in all Residential Districts, located within the city limits of the City of Blair, Nebraska, shall meet the following additional requirements: In all Residential Zoning Districts except AGG the maximum amount of accessory buildings shall be limited to two (2) structures. 2. 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. 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. 4. 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 finished grade of the building to the highest point of the building. 5. 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 attached to 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 ACCESSORY USES: No accessory use shall be located within ten (10) feet of a residential dwelling that creates a fire hazard or would subj ect the residential structure to a potential fire, such as a detached fireplace, barbecue ovens, flammable liquid storage, etc. 1103.06 CAR PORTS: Car ports are not considered structures. Car ports can not be use for storing City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 1 anything but cars and pickups. SECTION 1104 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any zoning district except AGG, RRE, RL, RM, RML and RMH, more than one (1) structure housing a permitted or permissible principal use may be 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 L 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, cesspools, 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 (10,000) 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. City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 2 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. SECTION 1110 ADJUSTMENTS TO FRONT, REAR, AND SIDE YARD REQUIREMENTS 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, if: 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 buildings that have established, with a variation of five feet (~') 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} City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 3 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, shall be required. SECTION 1110.5 ADDITIONAL SETBACK REQUIREMENTS FOR STRUCTURES ADJACENT TO CREEKS AND DRAINAGEWAYS No person shall be granted a permit for the construction of any structure, bank stabilization structures, poles, and sign structures adjacent to any creek or watercourse unless such structure is located so that no portion thereof is any closer to the creek or watercourse than will allow a maximum three-to-one slope plus 20 feet between the water's edge of the creek or watercourse. "Water's edge" shall be deemed to be that point constituting the edge of the water during normal flow conditions. A property shall be exempt from the provisions of this Section upon an application filed by the property owner supported by a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the stream will be endangered by erosion or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise improved by any agency of government, then such certification providing an exception to this Section may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency. SECTION 1111 PARKING REGULATIONS 1111.01 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT: No major recreational equipment as defined in SECTION 303.01 shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any 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 City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 4 District other than in completely enclosed buildings. Abandoned automobiles shall be removed in accordance with SECTION 5-411 of the Blair Code. 1111.03 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS: Off=Street motor vehicle parking and loading space shall be provided on any lot on which any of the indicated structures and uses are hereafter established. Such space as defined in SECTION 303.01 of this Ordinance shall be provided with vehicular access to a street or an alley. A required loading space shall include a ten (10) foot by fifty (50) foot space with a minimum of fourteen (14) feet of height clearance. The loading space shall be 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 the City Council, after recommendation from the Planning Commission, 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. 1111.04 SCHEDULE OF MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS Structures and Uses Minimum Off-Street Minimum Off-Street Parking Regulations Loading Requirements Bowling Alleys 4 spaces per alley 1 space per establishment Churches, Synagogues and Temples Eating and Drinking Establishments 1 space per 4 seats in main unit of worship Parking spaces equal to 30% of capacity in persons Educational Uses, Nursery and Parking spaces equal to 20% Primary of capacity in students Educational Uses, All Others Funeral Homes and Chapels Hospitals Hotels Industrial Uses 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 on largest shift Libraries None required 2 spaces per establishment 2 spaces per structure 2 spaces per structure 2 spaces per establishment 3 spaces per structure 1 space per establishment 2 spaces per establishment 1 space per 500 sq. ft. on floor 1 space per structure area Lodging and Boarding Houses 1 space per 2 rental units None required City of Blair Zoning Regulations Article 1 1, Sections 1103-1113, page 5 Structures and Uses Minimum Off-Street Minimum Off-Street Parking Regulations Loading Requirements Medical Clinics 5 spaces per staff doctor or None required dentist Mobile Home Park 2 spaces per dwelling unit None required Motels 1 space per rental unit None required Private Clubs and Lodges 1 space per 500 sq. ft. of floor 1 space per establishment area Residential Structures 2 spaces per dwelling unit * None required (multi-family) Residential Structures (multi- 1 %2 spaces per dwelling unit * None required family), occupants are 65 years of age and older * Enclosed parking garages are not counted as parking spaces 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 2 spaces per dwelling unit None required 2 spaces per dwelling unit None required 2 spaces per dwelling unit None required 1 space per 200 sq. ft. of gross 1 space per establishment floor area 4 spaces per establishment None required 1 space per 3 beds, plus 1 1 space per establishment space per employee on the largest shift 1 space per 200 sq. ft. of gross 1 space per establishment floor area 1 space per 5 people in 1 space per establishment designed capacity 3 spaces per staff doctor None required 1 space per 2 employees on 2 spaces per establishment largest shift City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 6 SECTION 1112 MOBILE HOME REGULATIONS Rescinded in its entirety on March 8, 2005 -Ordinance No. 2022 SECTION 1113 CAMPGROUNDS A campground may be 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 (~) 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 campground shall provide minimum facilities including central travel trailer sanitary 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. City of Blair Zoning Regulations Article 11, Sections 1103-1113, page 7 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 signs 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. Off-premise signs are not permitted in any zoning district except as permitted under Section 1114.07(f). 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 OR 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, must be in compliance with the regulations set forth within "Rules and Regulations Relating to the Control of Advertising in Area Adj acent to the Interstate and Federal-Aid Primary Highways"; as amended, adopted and published by the Nebraska Department of Roads. A copy of the Nebraska Department of Road's zoning regulations is 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 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. (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) 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. 1114.03 PERiVIITTED 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. City of Blair Zoning Regulations Article 11, Sections 1114, page 1 (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) 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. 1114.04 PERMITTED SIGNS; RML, RMH, AND CL 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 sign or 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) 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. 1114.05 PERMITTED SIGNS ACH AGRICULTURAL/HIGHWAY COMMERCIAL DISTRICT: The specific regulations in the CH zoning 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 City of Blair Zoning Regulations Article 11, Sections 1114, page 2 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 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 may be 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 X00 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. (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 of twenty-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 temporary sign per premise for grand openings or other special events, provided that the sign remains in place for a maximum of 15 days. (g) 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. 1114.06 PERMITTED SIGNS IN THE CCB AND OPD DISTRICTS: The specific regulations in the CCB zoning district are as follows: City of Blair Zoning Regulations Article 11, Sections 1114, page 3 (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. (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 1 ~0 feet or more, it may have a maximum of two ground signs as otherwise permitted in this 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 projecting signs may project 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 not exceed twelve square feet in area. (e) One temporary sign per premise for grand openings or other special events, provided that the sign remains in place for a maximum of 15 days. (f) 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. 1114.07 PERMITTED SIGNS IN 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 name 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 City of Blair Zoning Regulations Article 11, Sections 1114, page 4 entrance one foot in height and six square feet in area is allowed. (b) There maybe 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. (d) When a building is more than 300 feet from major 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) By conditional use permit, off-premise industrial park signs, with a maximum of 150 square feet of sign area total for both sides and maximum height of eight (8) feet, along a State or Federal Aid Highway in the A/CH District as long as four or more businesses sign the conditional use permit application to locate on the sign. The Governing Body shall take into consideration sign appearance, materials, landscaping, lighting, and other factors when granting a conditional use permit. Off-premise industrial signs are not permitted in the sight triangle per Section 1101 and cannot be located on public right-of- way. (g} One temporary sign per premise for grand openings or other special events, provided that the sign remains in place for a maximum of 15 days. (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. City of Blair Zoning Regulations Article 11, Sections 1114, page 5 SECTION lll~ 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 contamination cannot reasonably be comprehensively covered in this section there shall be applied the general rule that there shall not be discharged from City of Blair Zoning Regulations Article 11, Sections 1115-1117, page 1 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 public in 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 fuunaces, 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) All 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. City of Blair Zoning Regulations Article 11, Sections 1115-1117, page 2 (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 exceed twenty-five (25) parts per million, and nitrous fumes 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. 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: City of Blair Zoning Regulations Article 11, Sections 1115-1117, page 3 1. Lot area requirements shall be reduced by fifty (50) percent, and each lot owner shall receive credit for his prorata share of common ground. 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. 1116.03 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. 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 construction. (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. City of Blair Zoning Regulations Article 11, Sections 1115-1117, page 4 ARTICLE 12: NONCONFORMANCE USES SECTION 1201 INTENT Within the zoning districts established by this Ordinance or amendments that maybe adopted later, 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 apermanent 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 RECORD 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 Adjustment. 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 City of Blair Zoning Regulations Article 12, page 1 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. 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 of this 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 may be 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 may be altered to decrease its non-conformity. City of Blair Zoning Regulations Article 12, page 2 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. 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 (30) 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 than 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 maybe 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 City of Blair Zoning Regulations Article 12, page ~ premises, may as an exception, be changed to another non-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. 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-conforming use of a structure or structure and premises in combination shall be allowed to continue longer than for a period ofthirty (30) years from the date of passage of this Ordinance or at the end of said thirty (30) year period, such non-conforming use of a structure and premises in combination shall be terminated. 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 may be, 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 of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. City of Blair Zoning Regulations Article 12, page 4 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. SECTION 1208 NON-CONFORMING USES, LIMITED EXTENSION OF NONPERMANENT 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 may be removed or discontinued without any alteration of the premises, 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 of the 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. City of Blair Zoning Regulations Article 12, page ~ SECTION 1208.01 APPLICATION REQUIREMENT. A request for such nonconforming use permit may be 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. City of Blair Zoning Regulations Article 12, page 6 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 mailed to the applicant, all owners of land within 300 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 further 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. 1302.05 USE VARIANCES: Under no circumstances shall the City Board of Zoning Adjustment City of Blair Zoning Regulations Article 13, page 1 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. 1302.06 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 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 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. City of Blair Zoning Regulations Article 13, page 2 ARTICLE 14. CONDITIONAL USES PERMITTED 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 Commission, 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 uses may be permitted, enlarged, or altered upon application for 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 limitations and shall prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the conditional use permit. Any conditional use permit granted pursuant to the provisions for this Article 14 shall run with the land subject 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 subject 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 (300) feet of the properly. 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. City of Blair Zoning Regulations Article 14, page 1 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 ofthe exception on adjoining properties and properties generally in the district; SECTION 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 WAIVED by the City Council, all rules, regulations, and requirements of each respective zoning district shall apply. SECTION 1404 CITY COUNCIL PUBLIC HEARING, CONSIDERATION AND 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 hearing 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. City of Blair Zoning Regulations Article 14, page 2 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. City of Blair Zoning Regulations Article 14, page 3 ARTICLE 15. ADMINISTRATIVE PROCEDURE AND E_'vFORCEMENT 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 All requirements of Section 9-104 through 9-108 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 this 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 one 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. City of Blair Zoning Regulations Article 15, page 1 SECTION 1505 Revoked in its entirety on January 22, 2002-Ordinance No. 1940. SECTION 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 on 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. City of Blair Zoning Regulations Article 15, page 2 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 (300) 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 (300) 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. City of Blair Zoning Regulations Article 16, page 1 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 majority 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 City 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 to 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. City of Blair Zoning Regulations Article 16, page 2 ., 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 an 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, conversion, 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. City of Blair Zoning Regulations Article 17, page 1 k• 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 8~' day of March, 200 Mayor James E. Realph ATTEST: Brenda Wheeler, City Clerk City of Blair Zoning Regulations Article 18, page 1 ORDINANCE NO. 2023 A ORDINANCE ESTABLISHING SUBDIVISION REGULATIONS REGULATING THE SUBDIVISION OF LAND, REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE: ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS: PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE BLAIR CITY COUNCIL IN APPLYING THESE RULES, REGULATIONS AND STANDARDS: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, AND FOR THE REPEAL OF ALL SUBDIVISION DEVELOPMENT ORDINANCES IN CONFLICT HEREWITH; FOR THE CITY OF BLAIR, NEBRASKA. WHEREAS, Section 18-1301 through 18-1307 and 19-901 through 19-914, Reissue Revised Statutes of 1943 (in full) empowers the City to enact a subdivision 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, land subdivision is the first step in the process of community expansion, and WHEREAS, once land has been divided into streets, blocks, lots and open spaces, a pattern has been established which usually determines how well community needs for residence, business and industry will be met, and WHEREAS, once land has been subdivided and publicly recorded, it is extremely difficult to correct defects and deficiencies in the subdivision layout and in the facilities provided, and WHEREAS, the guidance of land development in harmony with community objectives is a matter of serious public concern and community welfare, and WHEREAS, it is in the interest of the public, the developer, and future landowners that subdivisions be conceived, designed, and developed in accordance with sound minimum standards, and WHEREAS, the City Council of Blair has established a Planning Commission, pursuant to Section 18-1301 through 19-307 and 19-901 through 19-914, Reissue Revised Statutes of 1943 (in full), and WHEREAS, the Planning Commission has made a preliminary report and held 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 proposed subdivision plats, regulations and restrictions, and has held such public hearings, and WHEREAS, the City Council deem it necessary for the purpose of promoting the health, safety, City of Blair Subdivision Regulations Introduction, page 1 morals or 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 and convenient open spaces for traffic, utilities, recreation, light, air, and access of fire fighting equipment; for avoidance of population congestion through requirements for minimum lot widths and lot area; for adequate sanitary facilities; and for reducing flood damage potentials to the greatest extent possible; and WHEREAS, all requirements of Section 18-306, Reissue Revised Statutes of 1943 (in full), with regard to the preparation of the report of the Planning Commission and subsequent action of the Blair City Council have been met: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BLAIR, NEBRASKA: City of Blair Subdivision Regulations Introduction, page 2 ARTICLE 1. GENERAL PROVISIONS SECTION 101 TITLE This ordinance may be known and may be cited and referred to as "Subdivision Regulation Ordinance of the City of Blair, Nebraska" to the same effect as if the full title were started. SECTION 102 JURISDICTION The provision 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 Subdivision Regulation Ordinance is adapted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare, more specifically the Subdivision Regulation Ordinance is adopted in order to insure that new development resulting in land subdivision in the City shall conform to minimum development practices and standards. Further, it is intended that such land subdivision shall result in properly coordinated design and construction of lots, blocks, streets, utilities, public facilities, and other community assets. ARTICLE 2. APPLICATION OF REGULATIONS SECTION 201 GENERAL Any plat, hereinafter made, for each subdivision or each part thereof lying within the jurisdiction of this Ordinance, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land into two (2) or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots. Further, the regulations set forth by this Ordinance shall be minimum regulations which shall apply uniformly throughout the jurisdiction of this Ordinance except as hereinafter provided. SECTION 202 APPLICABILITY 1. Each separate principal use building within the planning jurisdiction of the City shall be situated on a separate and single subdivided lot of record unless otherwise provided in the Zoning Regulations for Blair, Nebraska. 2. No subdivision of land shall be permitted within the City Planning Jurisdiction unless a plat is approved in accordance with provisions of these Regulations. 3. These Regulations shall apply not only to subdivision as herein set forth but shall also apply, insofar as payment of costs for improvement of subdivisions is concerned, to those City of Blair Subdivision Regulations Article 1 - 2, page 1 subdivisions, or parts thereof, already platted and approved, which are undeveloped, wholly or partially. 4. These Regulations shall not apply to subdivision of burial lots in cemeteries. 5. These Regulations shall not apply to a division of land into lots or parcels of ten and one- llllndreths (10.01) acres or more and not involving a. 11 ew street. SECTION 203 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 or impose higher standards than are required in any other Ordinance, the provisions of this Ordinance shall govern. Wherever the provisions of any other Ordinance require or impose higher standards than are required by the provisions of this Ordinance the provisions of such Ordinance shall govern. (END OF SECTION) City of Blair Subdivision Regulations Article 1 - 2, page 2 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. 301.01 TENSE: Words used in the present tense include the future tense. 301.02 NUMBER: Words use 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 neuter. 301.05 HEADINGS: In the event that there is any conflict of 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 City Council. SECTION 303 DEFINITIONS 303.01 TEXT OF DEFINITIONS: Words or terms not herein defined shall have their ordinary meaning in relation to the context. For the purposes of this Ordinance certain words and terms used herein are defined as follows: (1) ALLEY: See Thoroughfare (2) BLOCK: A tract or parcel or land bounded by public streets or lands, streams, railroads, unplatted lands or a combination of same. . (3) BUILDING LINE: See Setback Line (4) COLLECTOR STREET: See Thoroughfare (5) 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 areas of recreational City of Blair Subdivision Regulations Article 3, page 1 activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space. (6) COMMON SEWER SYSTEM: A sanitary sewage system in public ownership which provides 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 Quality for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities. (7) COMMON WATER SYSTEM: A water system which provides for the supply, storage and distribution of potable water on an uninterrupted basis and which is in public ownership. (8) COMPREHENSIVE PLAN: A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventory and analytic sections leading to recommendations for the community's future economic development, housing, recreation and open space, transportation, community facilities, and land use, all related to the community's goals and objectives for these elements. (9) CORNER LOT: See Lot, Corner. (10) COVENANT: A written promise or pledge. (11) CUL-DE-SAC: A local street of relatively short length with one open end to traffic and the other end terminating in a vehicular turn around. No cul-de-sac shall be allowed with a vehicular turn around of less than 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. (12) CULVERT: A transverse drain that channels under a bridge, street, or driveway. (13) DEAD-END STREET: See Thoroughfare. (14) DEDICATION: The intentional appropriation of land by the owner to some public use. (15) DEVELOPER: Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself/herself or for another. (16) DISTRICT: See Zone or District. (17) DWELLING: Space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one (1) family and its household employees. (18) 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. City of Blair Subdivision Regulations Article 3, page 2 (19) ENGINEER: Any person registered to practice professional engineering by the Nebraska State Board of Registration who is designated by the City to approve portions of proposed subdivisions as specified in these regulations as requiring an engineers approval. (20) FLOODWAY: A floodway whose limits have been designated and established by order of the Corp of Engineers and published by the Federal Emergency Management Agency in the form of a FIRM Flood Insurance Rate Map. (21) FRONTAGE: The length of the property abutting on one side of a street measured along the dividing line between the property and the street. (22) GOVERNING BODY: That Body having jurisdiction in the zoning area. (23) IMPROVEMENTS: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites. (24) LOCATION MAP: A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the Zoning Area of the City of Blair, Nebraska, in order to better locate and orient the area in question. (25) LOOP STREET: See "Thoroughfare, Street or Road." (26) LOT: For purpose of this Ordinance a lot is a parcel 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 an improved public street, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of records; a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. (27) 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. (28) LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purposes 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. (29) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the City of Blair Subdivision Regulations Article 3, page 3 Register of Deeds, or a lot or parcel described by metes and bounds the description of which has been so recorded. (30) 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. (31) LOT, CORNER: Indicated as A in Diagram S-1, 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 conger lot if straight lines drawn from the foremost points of the side lot lines the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (13 5) degrees. ' (32) LOT, INTERIOR: Indicated as Bin Diagram S-1, an interior lot is defined as a lot other than a corner lot with only one frontage on a street. (33) LOT, THROUGH: Indicated as C in Diagram S-1, a through lot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as a double frontage lot. Diagram S-1 Z B `% B , •� `�I A- 0 i A s L,;Al? • t I A i C 17C -D re I B i B� _._. B i 8; A A 8 1 (34) LOT, REVERSED FRONTAGE: All lots with a Din Diagram S-1, a reversed frontage lot is defined as a lot in which the frontage is at right angles or approximately right angles, interior angle less than one hundred thirty-five (13 5) degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot (A -D in Diagram S-1), an interior lot (B -D) or a through lot (C -D). (35) LOT, ZONING: A parcel of land or tract used, developed, or built upon as a unit under City of Blair Subdivision Regulations Article 3, page 4 single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record or any combination thereof. (3 6) MAJOR THOROUGHFARE PLAN: The comprehensive plan adopted by the City Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the planning jurisdiction of the City. (37) MONUMENTS: Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment. (3 8) OPEN SPACE: An area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included. (3 9) OUT LOT: Property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision. (40) PARKING SPACE, OFF STREET: For the purpose of this Ordinance an off-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. 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. (41) PEDESTRIAN WAYS: Is a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties. (42) PLANNED DEVELOPMENT: Special development of certain tracts of land, planned and designed as a unit for one or more land uses under the regulations and procedures contained in the Zoning Ordinance and as approved by the City Council. (43) PLAT: The map, drawing, or chart on which the developer's plan of subdivision is presented to the City Planning Commission and City Council for approval and, after such approval, to the Washington County Register of Deeds. (44) PUBLIC WATER SUPPLY: A water system which provides for the supply, storage, and distribution of potable water which is owned and maintained by a governmental subdivision licensed by the State Department of Health or a privately owned water system which is licensed, regulated, and monitored by the State Department of Health. (45) PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, sidewalk, street, subway, tunnel, viaduct, City of Blair Subdivision Regulations Article 3, page 5 walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not. (46) RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges. (47) SETBACK LINE: A line established by the Subdivision Regulations and/or Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said codes. (See Yards.) (48) SEWERS, ON-SITE: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of liealt.li acid saiiitatioii officials having jurisdiction. (49) SIDEWALK OR WALKWAY: That portion of a dedicated right-of-way or easement intended for pedestrian use only. (50) STREET LINE: A dividing line between a lot, tract, or parcel of land and the contiguous street. The right-of-way line of a street. (5 1) SUBDIVIDER: See Developer. (52) SUBDIVISION: 1. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots any one of which is less than ten (10) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than ten (10) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or 2. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (53) SUBDIVISION DESIGN CLASSIFICATIONS: Two subdivision classifications which establish minimum design criteria and required improvements for all subdivisions in the City of Blair Subdivision Regulations Article 3, page 6 City. The classifications are defined as follows: A. CLASS I SUBDIVISION: Rural low density subdivisions which include: 1. All residential subdivisions in the following zoning districts as defined in the Zoning Ordinance for Blair, Nebraska. AGG General Agricultural District RRE Rural Residential Estates B. CLASS II SUBDIVISION: Subdivisions which include: 1. Industrial subdivisions containing four (4) or more lots or a total area exceeding ten (10) acres. 2. Commercial subdivisions containing four (4) or more lots or a total area exceeding three (3) acres. 3. All residential subdivisions in the following zoning districts as defined in the Zoning Ordinance for Blair, Nebraska. RL Residential Low Density District RM Residential High Density District RML Multi -Family Residential Low Density District RMH Multi -Family Residential High Density District (54) SURVEYOR: Any person registered to practice land surveying in the State of Nebraska. (5 5) THOROUGHFARE, STREET, OR ROAD: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows: A. ALLEY: A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width. B. ARTERIAL STREET: A street which provides for through traffic movement between and around streets with direct access to abutting property, subject to necessary control of entrances, exits, and curb use. C. COLLECTOR STREET: A street which provides for traffic movement between arterials and local streets, with direct access to abutting property. D. LOCAL STREET: A street which provides direct access to abutting land, and local traffic movement whether in business, industrial or residential land. City of Blair Subdivision Regulations Article 3, page 7 E. CUL-DE-SAC: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround. F, DEAD-END STREET: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future. G. LOOP STREET: A type of local street, each end of which terminates at an intersection with the same arterial or collector street or other local street and whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than one thousand (1000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other. H. MARGINAL ACCESS STREET: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.) (56) VARIANCE: A relaxation of the terms of the Subdivision 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. (57) YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (3 0) inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility and subject to the district regulations of any zoning regulations. A. YARD, FRONT: A yard extending between side lot lines across the front lot line to the front of the principal building. B. YARD, REAR: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. C. YARD, SIDE: A yard extending from the principal building to the side lot line on both sides of the principal building between the line establishing the front and rear yards. D. YARD, SPECIAL: A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" no the term "rear yard" clearly applies. (58) ZONE OR DISTRICT: A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of the use of buildings, land, and open spaces about buildings are established. City of Blair Subdivision Regulations Article 3, page 8 (59) ZONING ADMINISTRATOR: The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these Subdivision Regulations. (60) ZONING AREA OR ZONING JURISDICTION: The area subject to the provisions of Zoning and Subdivision regulations as set out on the Official Zoning Map of the City of Blair, Nebraska. DIAGRAM S-2 LOCATION AND MEASUREMENTS OF YARDS ON LOTS (END OF SECTION) City of Blair Subdivision Regulations Article 3, page 9 i LEGEND f Trout yard r,r,^.'si - 1.",: Side yard ® =: Rear yard dAl�stei:, J.• . Special yard , I LAE Lines: 1 Yard hleasuretnent Lincs: .f ar�.it l.tt tt 4 (L}>72 V ti t r L t r Y >„ (END OF SECTION) City of Blair Subdivision Regulations Article 3, page 9 ARTICLE 4. PLAT REVIEW AND SUBMITTAL REQUIREMENTS SECTION 401 PRE -APPLICATION PROCEDURE 401.01 PRE -APPLICATION CONFERENCE: Before filing a preliminary plat the subdivider shall consult with the Planning Commission and/or its staff for advice regarding general requirements affecting the proposed development. A sketch of the proposed subdivision drawn on the topographic survey map shall be submitted. The subdivider shall also submit a location map showing the relationship of the proposed subdivision to existing or platted streets and arterials and existing community facilities. 401.02 NOTIFICATION OF REQUIREMENTS: The Planning Commission and/or its staff shall inform the subdivider of the requirements pertaining to the proposed subdivision as such requirements are established by these Regulations. 401.03 WAIVER OF FEES: The Pre -application procedure does not require formal application, fee, or filing of plat with the Planning Commission. SECTION 402 PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT 402.01 PLAT SUBMISSION REQUIREMENTS: The subdivider shall submit to the Zoning Administrator three (3) full size copies and one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches of the preliminary plat and supplemental material specified with written application for conditional approval. If the subdivision contains more than ten (10) lots, then 30 full-sized copies must be submitted. An electronic version of the maps must also be submitted. Said complete submittal shall occur at least twenty-one (21) days prior to the regular meeting of the Planning Commission at which the request shall be heard. SECTION 402.02 FEES: A nonrefundable plat review fee shall accompany the application for conditional approval. 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 any appendix for permit, license, and application fees. SECTION 402.03 SCALE AND PRELIMINARY PLAT CONCERNS: Preliminary plats shall be a scale of one (1) to one hundred (100) feet or 1 " = 200' if seventy-five percent (75%) of the lots are one acre or larger, and shall be prepared with the following information: (1) Name, location map, acreage, owner and designer of the subdivision. (2) Present zoning. (3) Date, north point, and graphic scale. City of Blair Subdivision Regulations Article 4, page 1 (4) Location of property lines, roads, existing utilities with size of lines, and other underground installations and easements. (5) Names of adjoining properties or subdivsions. (6) Proposed utility system, water system, and sewer system (type, capacity and the location of major transmission lines and treatment plants). Developer must describe the type of sewer system and water system proposed. If developer proposes to use a non -central sewer waste system, then the proposed sewer system shall comply with title 124 of Chapter 4 of the Nebraska Department of Environmental Quality Rules and Regulations. (7) Names of new streets. (8) Dimensions of existing and proposed lot lines (9) Location of existing and proposed culverts, retention ponds, and other drainage provisions. That Section 606 be amended to read as follows: The City will direct OPPD to design and install street lighting once all paving has been completed on subdivisions in the City limits. Installation of street lighting in subdivisions outside City limits will be the responsibility of the subdivider if required by the Planning Commission and City Council. (10) Existing and proposed contours at intervals of two (2) feet or five (5) feet intervals at 1" = 200" Scale, as established by field topography survey analysis; provided however, field topography survey is required only on subdivisions which include lots of less than thirty thousand square feet; provided further, that for good cause shown, the field topography survey may be waived by the Planning Commission in the preliminary plat process., If more than one acre of soil is to be disturbed according to the preliminary plat grading plan, the developer must obtain a NPDES permit or a written waiver from the Nebraska Department of Environmental Quality before submitting a final plat application. The Governing Body or staff may require a drainage plan be submitted along with a preliminary plat application. (11) Proposed improvements and grading concepts. (12) Location of existing buildings. (13) Location of existing trees with trunks at least six (6) inches in diameter, measured two (2) feet above the ground level. Clumps of numerous trees may be identified as a tree group without precisely locating each tree. Notwithstanding the above, for good cause shown, the requirement of this subsection may be waived by the Planning Commission during the preliminary plat process. (14) Proposed easements, dedications, and reservations of land required shall be provided. City of Blair Subdivision Regulations Article 4, page 2 (15) Square footage of each lot. (16) All front, rear and side yard setback requirements and any adjustments thereto (See Section 1110 and 1110.5 of the City of Blair Zoning Regulations). 402.04 NOTIFICATION OF IMPROVEMENTS SCHEDULE: The subdivider shall indicate by a letter when improvements as required will be provided. Any proposed restrictive covenants for the land involved shall accompany the letter. 402.05 NOTIFICATION OF THE COUNTY PLANNING COMMISSION AND COUNTY HIGHWAY SUPERINTENDENT: The City shall notify the Washington County Planning Commission and County Highway Superintendent at least ten (10) days prior to the Blair Planning Commission meeting at which the preliminary plat is to be considered for approval, and provide them with all available materials on the proposed plat, when such proposed plat lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by the City of Blair. The commission and highway superintendent shall be given Thirty (30) days to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period shall run concurrently with subdivision review activities of the City of Blair after the County Planning Commission and Highway Superintendent receives all available material for a proposed subdivision plat. 402.06 NOTIFICATION OF SCHOOL BOARD: At least ten (10) days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the Planning Commission shall submit a copy of the proposal to the school board of each school district which the proposed development affects, and shall notify the school board of the meeting date. Copies of the plat may be submitted to any other agency which may be affected. 402.065 NOTIFICATION OF WASHINGTON COUNTY SURVEYOR: At least ten (10) days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the Planning Commission shall submit a copy of the proposal to the Washington County Surveyor and shall notify said Surveyor of the meeting date. 402.07 NOTIFICATION OF FIRE DEPARTMENT: At least ten (10) days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the Planning Commission shall submit a copy of the proposal to the Blair Volunteer Fire Department. 402.08 NOTIFICATION OF ADJACENT LAND OWNERS: All persons which are the recorded title owners of land within three hundred (300) feet of any point along the perimeter of the land to be subdivided shall be notified in writing of the pending subdivision. The letter of notification shall be mailed to recipients no later than ten (10) days prior to the Planning Commission's public hearing. Adjacent land owners shall have ten days from the date of notification to notify the City Administrator of any City of Blair Subdivision Regulations Article 4, page 3 protests which they may have concerning the application. A "Subdivision Action Pending" sign will be posted on the front yard of the property under consideration for subdivision at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 402.09 PLANNING COMMISSION APPROVAL/REJECTION: After review of the preliminary plat and negotiations with the subdivider, the Planning Commission shall re j ect or conditionally approve the preliminary plat within forty (40) days after the official meeting at which the plat was considered. The Planning Commission will consider the Preliminary Plat at a public hearing, of which a ten (10) day notice will be given in a newspaper of general circulation in Blair, Nebraska. After recommendation of Planning Commission, recommendation should be forwarded to the City Council for consideration. 402.10 RECORDING OF ACTION BY PLANNING COMMISSION: The action of the Planning Commission shall be noted on three (3) copies of the Preliminary Plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy relayed to the City Council, and one copy retained by the Planning Commission. 402.11 APPROVAL IS CONDITIONAL: Approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval or conditional approval of the submitted plat as a guide for the preparation of the final plat, which will be subject to further consideration by the Planning Commission and City Council. Any conditional approval of the preliminary plat shall be effective for a period of one (1) year unless an extension is granted by the Planning Commission. SECTION 403 PROCEDURE FOR APPROVAL OF FINAL PLAT 403.01 PLAT SUBMISSION REQUIREMENTS: Final plats shall be submitted to the Zoning Administrator within one (1) year of approval of the preliminary plat unless an extension is granted by the Planning Commission. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable Ordinances and state laws; and, if desired by the subdivider, it may constitute only that portion of the approved Preliminary Plat which he/she proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these Regulations. Submittal of any portion of the approved area shall be interpreted as satisfying the one (1) year submission requirement. 403.02 FEES: A final plat review fee shall accompany the application for final approval of the plat. The applicant shall pay and the application must be accompanied by a nonrefundable 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. City of Blair Subdivision Regulations Article 4, page 4 403.03 SCALE AND FINAL PLAT CONTENTS: Four (4) Mylar originals, two (2) full size paper, and one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches and other exhibits required for approval shall be submitted. If the subdivision contains more than ten (10) lots, 30 full-size copies must be submitted. An electronic version of the maps must also be submitted as part of the Final Plat application. The Final Plat shall be drawn in ink on tracing cloth, Mylar, or similar material, and shall be at a scale of one inch (1 ") to one hundred feet (100') or larger. The final plat shall show the following: (1) Date, title, name, and location map of subdivision. (2) Street and street names, lots and lot numbers. (3) Graphic scale and arrow or indicator. (4) Monuments or pins unless waived pursuant to Section 602. (5) Dimensions, angles, and/or bearings, and complete legal description of the property. (6) Sufficient survey data to reproduce any line on the ground. (7) Names of adjoining properties. (8) Locations, dimensions, and purpose of any easements. (9) Purpose for which sites are dedicated or reserved, and the transfer of ownership of the same. (10) Certification by surveyor certifying to accuracy of survey and plat. (11) Certification by the County Treasurer that all assessed taxes for the current year have been paid in full. (12) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted. (13) Location of street trees, size, and species. (14) Certificate certifying consideration of review by the Planning Commission and signature of the Chairman. (15) Certificate for approval by the Council and signatures of the Mayor and City City of Blair Subdivision Regulations Article 4, page 5 Clerk. (16) Square footage of each lot. (17) All adjustments to front, rear and side yard setback requirements (See Section 1110 and 1110.5 of the City of Blair Zoning Requirements.) 403.04 SUPPLEMENTARY DATA REQUIRED: The final plat shall be accompanied by: (1) A guarantee pursuant to the provisions of Section 610.01 of these regulations. (2) Protective covenants (if any) in form for recording. (3) An operation and maintenance program pursuant to the provisions of Section 611 of these regulations. 403.05 PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission shall approve or reject the final plat and prepare a recommendation to the City Council for approval or rejection. All reasons for recommending rejection shall be clearly stated. 403.06 NOTIFICATION OF ADJACENT LAND OWNERS: All persons which are the recorded title owners of land within three hundred (3 00) feet of any point along the perimeter of the land to be subdivided shall be notified in writing of the pending subdivision. The letter of notification shall be mailed to recipients no later than ten (10) days prior to the Planning Commission's Public Hearing. 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 "Subdivision Action Pending" sign will be posted on the front yard of the property under consideration for subdivision at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 403.07 CITY COUNCIL REVIEW AND ACTION: After receipt and review of the Planning Commission's recommendations on the final plat the City Council shall hold a public hearing for the purpose of reviewing the final plat. The notice for the hearing shall be published at least ten (10) days before the hearing date. If rejected, the reason for re. ection shall be listed and forwarded to the subdivider within ten (10) days. ARTICLE 4. PLAT REVIEW AND SUBMITTAL REQUIREMENTS SECTION 404 PROCEDURE FOR APPROVAL OF A REPLAT OF A SUBDIVISION Replat of Subdivision. A replat replaces all or part of a recorded Final Plat. A replat is City of Blair Subdivision Regulations Article 4, page 6 used to reconfigure existing platted lots and easements in an existing subdivision and may increase or decrease the number of lots in the subdivision. In the event that a proposed replat does not involve a change in subdivision class and type, a change in zoning district, or a change in surface drainage, the subdivider may apply for a replat under the provisions of this section. The utilization of the replat does not relieve the subdivider of its obligation to comply with minimum design standards under Article 5 of the Subdivision Regulations and required improvements under Article 6 of the Subdivision Regulations. The necessity of establishing and dedicating easements for utilities shall not bar the utilization of the administrative subdivision. The procedure for such application will be as follows: 404.01 REPLAT SUBMISSION REQUIREMENTS: Application will be made to the Planning Commission under the procedures outlined for a replat. 404.02 FEES: A nonrefundable replat application fee shall accompany the replat application. 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. 404.03 SCALE AND REPLAT CONTENTS: The subdivider shall submit four (4) Mylar originals, two (2) full size paper, and one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches of the replat and other exhibits required for approval shall be submitted. An electronic version of the maps must also be submitted as part of the replat application. The original shall be at a scale of one (1) to one hundred (100) feet or 1" equals 200' if seventy-five percent (75%) of the lots are of one acre or larger. The replat shall contain the following: (1) Date, title, name, and location map of the subdivision. (2) Names and locations of abutting streets and lots identifying street names and lot and block numbers. (3) Identification of the new lot and block numbers and set back lines. (4) Graphic scale, true north point and full legend depicting all map symbology. (5) Monuments. (6) Dimensions, angles and bearings and complete legal description of the property. (7) Sufficient engineering data to reproduce any line on the ground. (8) Location, dimensions, and purposes of any existing easements. City of Blair Subdivision Regulations Article 4, page 7 (9) Certification by surveyor or engineer certifying to the accuracy of the survey and plat. (10) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the replat as submitted. (11) Certification by the County Treasurer all assessed taxes for the current year have been paid in full. (12) Square footage of each lot. (13) Location of all existing buildings, structures, fences and retaining walls. (14) If applicable, utility easements signed by the owner or owners to permit all tax lots created access to all utilities available, including but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television. 404.04 SUPPLEMENTARY DATA REQUIRED: The replat shall be accompanied by: Utility easements signed by the owner or owners to permit all lots created access to all utilities available in the City, including but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television. 404.05 PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission shall approve or reject the replat and prepare a recommendation to the City Council for approval or rejection. All reasons for recommending rejection shall be clearly stated. 404.06 NOTIFICATION OF ADJACENT LANDOWNERS: All persons which are the recorded title owners of land within three hundred (300) feet of any point along the perimeter of the land to be replatted shall be notified in writing of the pending replat. The letter of notification shall be mailed to recipients no later than ten (10) days prior to the Planning Commission's Public Hearing. 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 "Subdivision Action Pending" sign will be posted on the front yard of the property under consideration for replat at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 404.07 CITY COUNCIL REVIEW AND ACTION: After receipt and review of the Planning Commission's recommendations on the replat the City Council shall hold a public City of Blair Subdivision Regulations Article 4, page 8 hearing for the purpose of reviewing the replat. The notice for the hearing shall be published at least ten (10) days before the hearing date. If rejected, the reason for rej ection shall be listed and forwarded to the applicant within ten (10) days. SECTION 404.08 PROCEDURE FOR APPROVAL OF ADMINISTRATIVE TWO LOT REPLATS The Zoning Administrator may approve Administrative Two Lot Replats of two contiguous platted lots within the same subdivision without further approval by the Planning Commission or City Council if all of the following conditions are met: A. The proposed two lot replat does not involve a change in subdivision class and type, a change in zoning district, or a significant change in surface drainage. B. The proposed two lot replat is a transaction between owners of two contiguous platted lots within the same subdivision, which involves only a change in the boundary between the two platted lots owned by such persons, does not create an additional lot, and does not result in the creation of a substandard -size platted lot. Following the mailing of the written notices required in Section 404.06, if a protest or protests against such two lot replat be filed in the office of the City Clerk within ten (10) days of the notice of such two lot replat, which are duly signed by the owners of twenty percent (20%) of the total area, excepting public streets and ways, located within three hundred feet of the boundaries of the properties proposed to be replatted, approval of such two lot replat shall not be made by the Zoning Administrator under this section, and the approval of such replat shall be made by the procedure as set forth hereinabove by hearing before the Planning Commission and City Council. (END OF SECTION) City of Blair Subdivision Regulations Article 4, page 9 ARTICLE 5. SUBDIVISION DESIGN STANDARDS SECTION 501 GENERAL REQUIREMENTS Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, erosion or other menace. If, following adequate investigation, conducted by all public agencies concerned, it is determined that land to be subdivided cannot be used without endangering the health, safety, welfare or prosperity of the community, or would necessitate an excessive expenditure of public financial resources for sewage and water facilities, other public facilities and streets, then the subdivision plat shall not be approved unless the subdivider formulates adequate methods for meeting such problems. All subdivision design shall conform to standards of the Comprehensive Development Plan and to the City Zoning Regulations. All required improvements shall be constructed or installed to conform to the provisions of this Ordinance and City specifications. SECTION 502 STREETS The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. 502.01 STREET EXTENSIONS: The street layout of the proposed subdivision shall provide for the continuation or appropriate projection of streets and alleys already existing in areas being subdivided. Where, at the determination of the Planning Commission it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the Planning Commission deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least fifty (50) feet. The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in these Regulations for a street in its category. 502.02 DEDICATION OF RIGHT-OF-WAY FOR NEW STREETS: The dedication of right- of-way for new streets measured from lot line to lot line shall be as shown in the Comprehensive Plan, or, if not shown thereon, shall meet the right-of-way requirements as provided in Schedule A of these regulations. All streets classified as arterial streets by the Comprehensive Plan shall have all points of access approved by the Planning Commission. Marginal access streets may be required by the Planning Commission for subdivisions fronting on arterial streets. 502.03 DEDICATION OF RIGHT-OF-WAY FOR EXISTING STREETS: Subdivisions City of Blair Subdivision Regulations Article 5, page 1 platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in these Regulations. The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half (1/2) of the required right-of-way width, measured from center line of the existing roadway, shall be dedicated. Dedication of one-half (1/2) of the right-of- way for proposed streets along the boundaries of land proposed for subdivision shall be prohibited. 502.04 INTERSECTIONS: Streets shall intersect as nearly as possible at an angle of ninety (90) degrees, and no intersection shall be at an angle of less than eighty (80) degrees. Street curb intersections shall be rounded by radii of at least twenty (20) feet. When the smallest angle of street intersection is less than seventy-five (75) degrees, the Planning Commission may require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction. No lot or other parcel of land which abuts on and has access to either a collector or a minor street shall have a service drive, curb cut, or other means of access to an arterial street within seventy-five (75) feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than four hundred (400) feet for collector streets, and of such greater or less radii as the Planning Commission shall determine for special cases. 502.05 HORIZONTAL AND VERTICAL STREET CURVES: A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets. Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii of curves provided in Schedule A of these regulations shall be required. Every change in grade shall be connected by a vertical curve constructed so as to afford a minimum sight distance of two hundred (200) feet, said sight distance being measured from a driver's eyes, which are assumed to be four and one-half (4-1/2) feet above the pavement surface, to an object four (4) inches high on the pavement. Profiles of all streets showing natural or finished grades, drawn to an approved scale, may be required by the Planning Commission. 502.06 STREET GRADES AND ELEVATIONS: All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall be not less than one-half (1/2) of one (1) percent. The Planning Commission shall not approve City of Blair Subdivision Regulations Article 5, page 2 streets which will be subject to inundation or flooding. All streets must be located at elevations which will make them flood -free in order that portions of the subdivisions will not be isolated by floods. Where flood conditions exist, the Planning Commission shall require profiles or elevations of streets in order to determine the advisability of permitting the proposed subdivision activity. Fill may be used in areas subject to flooding in order to provide flood -free streets if such fill does not increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby increase flood heights. Street grades shall conform to the minimum requirements provided in Schedule A of these Regulations. 502.07 MARGINAL ACCESS STREETS: Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require access streets, reverse frontage with screen planting contained in a non -access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of adjacent properties and to afford separation of through and local traffic. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Planning Commission may require that marginal access streets be provided in order that no lots front on such existing or proposed arterial street or highway. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 502.08 STREET JOGS: Street jogs with center line offsets of less than one hundred fifty (15 0) feet shall be prohibited. 502.09 CUL-DE-SACS: Minor terminal or dead ends streets or courts which are designed so as to have one end permanently closed shall not be longer than six hundred (600) feet and shall be provided at the closed end with a turn -around having a radius at the outside of the pavement of at least 50 feet and a radius at the outside of the right-of-way of at least 62.5 feet. 502.10 STREET NAMES: Proposed streets which are in alignment with other already existing and named streets shall bear the names of such existing streets. The name of a proposed street which is not in alignment with an existing street, shall not duplicate the name of City of Blair Subdivision Regulations Article 5, page 3 any existing street, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway, or similar suffix. Whenever a street alignment changes direction more than forty-five (45) degrees without a return to the original alignment within a distance of five hundred (500) feet, then the name of the street shall be changed at the point of curvature. To avoid duplication and confusion, the proposed names of all streets shall be approved by City Planning Commission prior to such names being assigned or used. 502.11 PRIVATE STREETS AND RESERVE STRIPS: There shall be no private streets platted within a subdivision. There shall be no reserve strips in a subdivision except where their control is definitely vested in the municipality or county under conditions approved by the City Council as authorized in these Regulations. SECTION 503 ALLEYS Alleys shall be provided to give access to the rear of all lots used for commercial and industrial purposes except when lots are located within Highway Commercial or Industrial zoned properties when the size or configuration of said facilities would not necessitate alley access. The minimum width of an alley shall be twenty (20) feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate facilities at the dead-end as determined by the Planning Commission. Alleys shall not be provided in residential areas except in cases where the subdivider produces evidence of the need for alleys which is satisfactory to the Planning Commission. SECTION 504 BLOCKS The lengths, widths, and shapes of blocks shall be determined with due regard to the provision of adequate building sites suitable to the special needs of the type of use contemplated; zoning requirements as to lot sizes and dimensions; needs for convenient access, circulation, control and safety of street traffic; and limitations and opportunities of topography. 504.01 BLOCK LENGTHS: Block lengths shall not exceed one thousand (1,000) feet or be less than three hundred sixty (360) feet, except as the Planning Commission considers necessary to secure efficient use of land or desired features of street layout. 504.02 BLOCK WIDTHS AND TIERS: Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth, provided, that where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two (2) tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth. 504.03 PEDESTRIAN WAYS: Pedestrian ways not less than ten feet (10') wide may be City of Blair Subdivision Regulations Article 5, page 4 required in blocks longer than five hundred feet (500') where such crosswalks are deemed by the Planning Commission to be essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation or other community facilities. SECTION 505 LOTS The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. 505.01 LOT DIMENSIONS: Lot dimensions shall conform to the requirements of the Zoning Regulations. Residential lots where not served by public sewer shall not be of less width or area than that required by the Zoning Regulations, and in no case shall such lots be of less width than sixty (60) feet and of less area than seven thousand five hundred (7,500) square feet. 505.02 CORNER LOTS: Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 505.03 ACCESS TO LOTS: The subdividing of the land shall be such as to provide, by means of a public street, each lot with a minimum of 30' access to an existing public street. 505.04 DOUBLE FRONTAGE AND REVERSE FRONTAGE LOTS: Double frontage and reverse frontage lots, shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. 505.05 ANGLE OF SIDE LOT LINES: Side lot lines shall be substantially at right angles or radial to street lines. SECTION 506 FLOOD HAZARDS Land subject to flooding and land deemed to be topographically unsuitable for residential development shall not be platted for residential use or for any other use which may increase the danger to health, life, or property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation contrary to the public welfare. To insure that lots will be located only where they will provide flood -free building sites, the Planning Commission may require the subdivider to provide elevation and flood profiles sufficient to demonstrate that the building sites will be completely free from the danger of flooding. If a stream flows through or adjacent to the proposed subdivision, the plat plan shall provide for easement of right-of-way along the stream for a floodway. For the smaller streams, the plan shall also provide for channel improvement to enable then to carry all reasonable floods within banks. The floor elevations of structures intended for human habitation shall be high enough to be above the level of one hundred (100) year frequency flood. The floodway City of Blair Subdivision Regulations Article 5, page 5 easement shall be wide enough to provide for future enlargement of the stream channel as adjacent areas become more highly developed and run-off rates are increased. SECTION 507 OFF-STREET LOADING AND PARKING FACILITIES All lots or parcels platted shall provide sufficient space for off-street loading and parking facilities to meet the requirements of the zoning district within said lot of parcel is platted. SECTION 508 EASEMENTS Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least sixteen (16) feet wide. Where a subdivision is traversed by a water course, drainageway, channel, or street, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. SECTION 509 COMMUNITY ASSETS In all subdivisions, due regard shall be shown for natural features such as large trees, unusual rock formations, and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the area. The Planning Commission may prepare a list of all such features within its Area of Planning Jurisdiction which it deems worthy of preservation. SECTION 510 CONFORMANCE WITH OTHER REGULATIONS No final plat of land within the area of force and effect of existing Zoning Regulations will be approved unless it conforms with such regulations. Whenever there is a variance between the minimum standards set forth in these Regulations and those contained in the building code, or other official regulations, the highest standard shall apply. SECTION 511 RESERVATION AND DEDICATION OF PUBLIC LAND AND OPEN SPACE 511.01 RESERVATION: Before final plat approval is given the subdivider, he/she may be required to reserve sites for parks, playgrounds, open spaces and schools and other public land as determined by the Planning Commission to be sufficient and in compliance with the Comprehensive Plan. Reservation of land for public acquisition and/or use shall be for a period not to exceed three (3) years from the date the plat is officially approved and recorded unless otherwise provided in these regulations. (1) Where a park, playground, school or other site for public use shown on the Comprehensive Plan is located in whole or in part in the applicant's City of Blair Subdivision Regulations Article 5, page 6 subdivision, the City may require the acquisition or accept the dedication or reservation of such area within the subdivision. (2) Where deemed essential by the Planning Commission upon consideration of the type of development proposed in the subdivision, and especially in large- scale developments not anticipated in the Comprehensive Plan, the City may request the dedication or reservation of such other areas or sites of a character, extent or location suitable to the needs created by such development for school, parks and other neighborhood facilities. (3) Where a tract of land is being subdivided includes land proposed to be used for parks under the duly adopted Comprehensive Plan of the City, the subdivider shall indicate the location of such areas on the subdivision plat. (4) Where a tract of land is being subdivided includes land proposed to be used for a future school site, under the adopted Comprehensive Plan, the subdivider shall indicate the general location of such areas on the preliminary plat. School sites are to be reserved for two years giving the Community School District the right to purchase the land at a negotiated value or at a value determined in the same manner as required by the Nebraska State Statutes for proceedings under the power of eminent domain, plus one-half the cost of grading, utilities, and paving, including curbs, of any streets contiguous to the site, plus other approved special assessments. Should the school site not be purchased within the time limit specified above, the subdivider may then sell said site for an alternate purpose as shown on the approved subdivision plat. 511.02 DEDICATION: Before final plat approval is given to the subdivider, he/she shall be required to dedicate to the public use all streets, alleys, buffer strips and parks as may be required by the Planning Commission. Acceptance of these dedicated lands shall be recorded in the minutes of the City Council and on the subdivision plat. SECTION 512 PARKLAND DEDICATION AND PAYMENTS IN LIEU OF DEDICATION The subdivider who subdivides land shall dedicate a portion of such land, or pay a fee, as set forth in this Article for the purpose of providing park, recreational facilities, and open spaces to serve future residents. The amount of land to be dedicated by a subdivider pursuant to this ordinance shall be 5% or .5 acre, whichever is greater, of the land area comprising the total land area in the proposed subdivision as reflected in the final subdivision plat. If a subdivider so desires, the subdivider may elect to pay a fee in lieu of land dedication, provided, however, the City may reject subdividers election and require land dedication. Where a subdivider is required to pay a fee in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land City of Blair Subdivision Regulations Article 5, page 7 comprising the total land area as indicated in the final subdivision plat. The amount of such fee shall be 8% of the fair market value of the total land area comprising the proposed subdivision as indicated in the final subdivision plat. Fair market value shall be determined as of the time of filing the final plat in accordance with the following: (1) The fair market value as determined by the City Council based upon fair market value appraisals considering all of the uses and purposes for which it might reasonably be used; or (2) If the subdivider objects to the amount of valuation the subdivider may, at its expense, obtain an appraisal of the property based on the highest and best use of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; or (3) The City and the subdivider may agree as to the fair market value. The procedure for determining whether the subdivider is to dedicate land or pay a fee shall be as follows: (1) At all times, the City Council shall have the power to require land dedication or a fee in lieu of land dedication, regardless of subdivider's election to dedicate land or pay a fee. The City Council shall not approve any preliminary plat or final plat which has not complied with this ordinance. (2) At the time of the filing of the preliminary subdivision plat for approval, the subdivider of the property shall, as a part of such filing, indicate whether subdivider desires to dedicate land for park and recreational purposes, or whether subdivider desires to pay a fee in lieu thereof or provide private recreational areas if accepted by the City Council. If subdivider desires to dedicate land for this purpose, subdivider shall designate the area thereof on the preliminary plat as submitted and all dedicated land shall be contiguous. (3) At the time the preliminary plat is submitted for approval, the City Council shall determine as a part of such approval, whether to accept a dedication of land within the subdivision, or a payment of a fee in lieu thereof. The minimum size of a dedication of land for park purposes shall be .5 acre. (4) Where a dedication of land is required, it shall be accomplished in accordance with the provisions of the Subdivisions Regulations. Further the subdivider shall convey the dedicated land to the City by deed, and the deed shall be delivered to the City upon arrival of the final plat. The final plat will contain all dedicated park land and the name of the park. City of Blair Subdivision Regulations Article 5, page 8 (5) Where fees are required, the same shall be paid and deposited with the City prior to the approval of the final plat, or in the alternative, the subdivider shall pay the fees within twelve months from the date of the approval of the final plat, provided that subdivider furnishes written agreement to pay said fees and personal note for total amount of fees, subject to the approval of the City, to the City prior to the approval of the final plat. The City shall not issue any building permits for construction on more than one-third of the lots in any subdivision until the fees are paid and shall not issue any building permits for construction on any lots after the expiration of the twelve month period until said fees are paid. (6) At the time the final plat is approved, and land is dedicated, the City Council shall designate the time when the development of the park and recreational facility shall be commenced. Land and fees received under this Ordinance shall be used only for the purpose of providing park, recreational facilities and open spaces to serve the approximate area of the subdivision for which received and location of the land and amount of fees shall bear a reasonable relationship to the use of the park, recreational facilities and open spaces by the future inhabitants of the subdivision. Exceptions: The following subdivisions shall be exempt from mandatory land dedication for park, recreational, and open spaces, or fees in lieu of mandatory dedication of land for park, recreational and open spaces, as follows: (1) All lot split subdivisions as provided in Article VII, Section 705, of this Subdivision Regulations Ordinance. (2) All light or heavy industrial park subdivisions (except those areas specifically designated as parks, recreational areas or open space on the Comprehensive Plan). An industrial park subdivision shall require all of the real estate within the subdivision to be zoned industrial pursuant to the Zoning Ordinances of the City of Blair. (3) All agricultural/business and commercial district subdivisions (except those areas specifically designated as parks, recreational areas or openspace on the Comprehensive Plan). An agricultural/business and commercial district subdivision shall require all of the real estate within the subdivision to be zoned business or commercial pursuant to the Zoning Ordinances of the City of Blair. (4) All other subdivisions a portion of which are not either contiguous to or located within the city limits of the City of Blair, Nebraska (except those areas specifically designated as parks, recreational areas or open space on the Comprehensive Plan). SECTION 513 LARGE TRACTS OF PARCELS When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical resubdivision. City of Blair Subdivision Regulations Article 5, page 9 (END OF SECTION) City of Blair Subdivision Regulations Article 5, page 10 ARTICLE 6 REQUIRED SUBDIVISION IMPROVEMENTS SECTION 601 GENERAL REQUIREMENTS The subdivider shall design and construct improvements not less than the standards outlined in these Regulations. The work shall be done under City supervision and inspection and shall be completed within the time fixed or agreed upon by the City Engineer. The minimum requirements for materials shall be in accordance with the standards currently in effect in the City or as approved by the City Engineer. Standards applicable to health and sanitation as required by the Nebraska Department of Environmental Quality and the Nebraska Department of Health shall be the minimum standards required. Schedules of improvements shall be prepared by the subdivider. The schedules shall contain standards and classes of construction which are consistent within the zoning districts as identified in the Zoning Regulations of the City of Blair. The subdivider shall furnish copies of pertinent schedules and certificates of compliance as required by the City Engineer. All inspection costs and costs for required tests shall be paid by the subdivider. SECTION 602 MONUMENTS, MARKERS AND PINS Permanent concrete monuments or solid iron pins or iron pipe monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as necessary to establish definitely all lines of the plat, including all lot corners. Stone or concrete monuments shall be at least six (6) inches in diameter, and shall be provided with an appropriate center point. Solid iron pins or iron pipe monuments shall be at least one (1) inch in diameter and at least thirty (3 0) inches long. The requirement monuments or pins be in place prior to approval of the final plat may be waived by the City when the developer obtains a bond from a surety bonding company authorized to do business in the State of Nebraska or the developer posts a cash deposit with the City in an amount estimated by the City to cover all costs and expenses of the actual placement of said monuments or iron pins. The bond shall be payable to the City and shall be held until such time as the placement of said monuments or iron pins is completed. Said waiver shall be for a period not to exceed six (6) months from the date of approval of the final plat and in the event the developer fails within the waiver period to place said monuments or iron pins the City may do so and apply the proceeds of the bond or cash deposit to the cost thereof. In addition to the surety bond or cash deposit, the City may also delay filing the final plat with the County Clerk pending completion of the placement of the monuments or iron pins as required. SECTION 603 STREETS City of Blair. Subdivision Regulations Article 6, page 1 603.01 GRADING SPECIFICATIONS: All streets, roads and alleys shall be graded to their full widths by the subdivider so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the approval of the City Council. Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaded, rolled and uniformly compacted to conform with the accepted cross-section and grades. In cuts, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surfaces. Rock, when encountered, shall be scarified to a depth of at least twelve (12) inches below the graded surface. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable matter, as well as similar matter from cuts, shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system. 603.02 MINIMUM PAVEMENT WIDTHS: Pavement widths shall be measured between the backs of curbs. Minimum pavement or surface widths shall be provided as indicated in Schedule A of these Regulations. 603.03 STREET SURFACING: Street surfacing shall be provided in conformance with Schedule B of these Regulations or as determined by the City Engineer. Requirements for paving including curb and gutter may be waived at the request of the subdivider in the case of a subdivision wherein all of the lots in the subdivision have a minimum frontage width of three hundred (300) feet or more subject to the approval of the City Engineer. Streets in such subdivisions shall have a crushed rock or gravel surface which meets the specifications of the City. 603.04 CURB AND GUTTER: Ciirb and getter shall as a minimum be provided in conformance with Schedule B of these regulations. In areas of notable flash flooding or heavy run-off, curbs shall be required on all streets designed for areas where the existing or anticipated residential density of the area surrounding the proposed subdivision equals or exceeds three (3) dwelling units per net acre. In commercial developments, or where other similar intensive urban uses exists or are anticipated, curbs shall be required. Where curbs exist on abutting properties, their extension shall be required throughout the proposed subdivision. All curb and gutter shall be constructed in conformance with the minimum standards of the City and as approved by the City Engineer. 603.05 STREET NAME SIGNS: Street name signs, of a type in use throughout the City shall be erected by the subdivider at all intersections. 603.06 NO PARKING DESIGNATION: According to City guidelines, No Parking will generally be on the east and south side of street. City of Blair Subdivision Regulations Article 6, page 2 SECTION 604 SIDEWALKS Sidewalks shall be provided in conformance with Schedule B of these Regulations and shall be constructed of portland cement concrete or other acceptable materials as approved by the Director of Public Works. Sidewalk in all new approved subdivisions shall be constructed at the same time as the construction of the streets therein, unless the developer at the time of filing of the plat files an agreement and_ covenant against each of the lots in such subdivision. All sidewalks shall be located a minimum of eight (8) feet from the curb of the street, shall be a minimum of four (4) feet wide and shall be between 2" or 5" above the top of the finished curb. Such agreement and covenant shall provide sidewalks will be installed and constructed on each lot in the subdivision not later than: a) at such time as construction on said lot which is made which required the issuance of a building permit, b) three (3) years after the date of City Council approval of the plat, or c) at such time as there has been construction on seventy-five percent (75%) of the lots within the subdivision, whichever is earliest. At the time the owner of each lot not having a sidewalk shall construct such sidewalk pursuant to City specifications. In the event any owner fails to construct such sidewalk within 90 days from the date of notice from the City to do so, the City shall cause such sidewalk to be constructed and the cost thereof shall be assessed against such property in the manner as provided by law. In subdivisions or other tracts existing as of June 1, 1993, wherein the construction of sidewalks was not required at the time of construction thereon, sidewalks shall be constructed on any such lot or tract at the time any building permit is issued for improvements on said property except in the event the building permit is for an amount less fifteen percent (15%) of the assessed value of the property or if the construction is necessitated by a natural disaster and act of God. In any subdivision or tract created or existing on or before June 1, 1993, the sidewalk construction requirement may be waived by the City Administrator and Building Inspector if there are no sidewalks on any adjacent lots or parcels and the owner of such real estate enters into an agreement with the municipality which shall run with the land and which shall provide in part the waiver may be withdrawn at any time by the municipality and at the time of such withdrawal, the owner or owners of said lot or parcel shall immediately construct such sidewalks as may be required by the City and that said owner or owners shall not object to such construction either privately or by an improvement district. The municipality may also waive sidewalks on one side of the streets within subdivisions wherein all of the lots are in excess of one acre. The developer, with the approval of the Mayor and City Council, shall designate on the plat which side of said streets are designated as requiring sidewalks. SECTION 605 DRIVEWAYS 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. City of Blair Subdivision Regulations Article 6, page 3 SECTION 606 STREET AND WALKWAY LIGHTING The City will direct OPPD to design and install street lighting once all paving has been completed on subdivisions in the City limits. Subdivisions outside City limits will be the responsibility of the subdivider if required by the Planning Commission and City Council. SECTION 607 STREET TREES Subdivider may be required to provide trees. If required, trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities, street lighting, or visibility at street intersections. Existing trees should be retained in new subdivisions wherever possible. SECTION 608 UTILITY AND DRAINAGE FACILITIES 608.01 GENERAL: `unitary sewer, storm sewer arid water distribafloti, ~Ball be installed in street. right. of ways unless approved otherwise by Director of Public Works. All other utilities shall be installed underground (in rear lot easements wherever practical). When it is impossible to install sanitary and storm sewer lines in the unpaved portion of the street right-of-way all such utility lines, including service connections shall be completely installed, and inspected and approved by the Public Works Director, following the grading of the street and prior to the application of any pavement base. Where sanitary and storm sewer lines are to be installed in the unpaved portion of the street right-of-way, the installation of service connections may be delayed, provided, that at such time as these service connections are installed, they shall be installed without breaking or weakening the existing pavement. Where rock is known to exist beneath the pavement area at such depth as to interfere with the installation of service connections, the complete installation of service connections shall be required prior to the application of any pavement base. 608.02 WATER SUPPLY IMPROVEMENTS: Where a public water supply is located five hundred (500) feet or less from the subdivision or required because of pollution problems, in the determination of the Platuring Commission, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Public water distribution and public well systems shall meet the requirements of the City and the Nebraska Department of Health. Where public water supply is not available or not required, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one (1) or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the preliminary plat to the Planning City of Blair Subdivision Regulations Article 6, page 4 Commission. Where public water supply is not available or otherwise not provided in the subdivision, the minimum lot size shall conform to the minimum lot size specified in the Zoning Regulations, provided, that in no case shall said minimum lot be less than two and one- half (2 1/2) acres in area. 608.03 SANITARY SEWER IMPROVEMENTS: The following requirements shall govern sanitary sewer improvements. (1) Where an adequate public sanitary sewer system is located five hundred (500) feet or less from the subdivision in the determination of the Planning Commission, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the city standards and the Nebraska Department of Environmental Quality and the Department of Health. Combinations of sanitary sewers and storm sewers shall be prohibited. (2) Where a public sanitary sewer system is not reasonably accessible, the subdivider may provide: a. A central treatment plant for the group provided that such central treatment plant is installed in accordance with City and Nebraska Department of Environmental Quality and Department of Health requirements; or b. Lots may be served by individual disposal systems if the provisions of Section 608.03 (3) are met. (3) a. Where the installation of individual disposal systems is considered, the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, groundwater level, and topography shall be the criteria for determining whether or not the installation of individual systems is permissible. Criteria shall be in accordance with the requirements of the City and the Nebraska Department of Environmental Quality and Department of Health. b. Each lot so served shall be a size and shape to accommodate the necessary length of tile field at a safe distance from and at a lower elevation than the proposed building (s). Such lot size and shape shall conform to the requirements of the zoning district in which they are located, provided, that in no case shall said minimum lot be less than one (1) acre in area where there is a public water supply available at the lot and two and one-half (2-1/2) acres where there is no public water supply available. City of Blair Subdivision Regulations Article 6, page 5 C. At least one (1) percolation test shall be made for each lot area being plotted, and each test shall be located in close proximity to the proposed individual sewage disposal unit, be numbered and its location shown on the preliminary plat. All percolation tests shall be performed in accordance with the requirements of the Planning Commission and the Nebraska Department of Environmental Quality. d. Where the installation of individual disposal units is considered and where the average natural ground slope exceeds ten (10) percent, the installation of a step-up disposal system may be required subject to specification by the Planning Commission and the Nebraska Department of Environmental Quality. 608.04 DRAINAGE IMPROVEMENTS: The subdivider shall construct all necessary facilities including underground pipe, inlets, catch basins, or open drainage ditches, as determined by the City Engineer, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. The velocity of flow in an open ditch shall not exceed four (4) feet per second in soil ditches or six (6) feet per second in turf gutters. Paved gutters will be required if velocities of flow are greater than those specified or if it is otherwise likely that destructive erosion will result. Drainage ditches shall not be permitted to discharge into any sanitary sewer facilities. 608.05 STORM SEWERS AND STORM WATER DRAINAGE: Where an adequate public storm sewer system is located five hundred (500) feet or less from the subdivision the subdivider shall construct a storm sewer system and connect with such storm sewer line. If such a storm sewer system is not accessible, natural drainage channels with easements of adequate width shall be provided, as determined by the City Engineer and approved by the Planning Commission. Paved gutters or storm sewers shall be required if velocities of flow are greater than specified in Section 608.04 of these Regulations or cause destructive erosion. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer facility, but shall connect to an adequate drainage outlet. 608.06 CULVERTS AND BRIDGES: Where natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed. Where culverts are required, minimum requirements shall be observed as follows: (1) All culverts shall extend across the entire right-of-way width of the proposed street. The cover over the culvert and its capacity shall be determined by the City Engineer. The minimum diameter of a culvert pipe shall be eighteen inches. Depending on existing drainage conditions, head walls may be required. (2) Driveway culverts shall have a minimum length of twenty (20) feet, and a City of Blair Subdivision Regulations Article 6, page 6 minimum diameter of twelve (12) inches. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls may be required. 608.07 EROSION CONTROL: The subdivider shall be required to provide for the control of erosion of areas of the subdivision which are disturbed by grading operations by constructing temporary terraces on slopes, temporary silting basins, sod swales and spillways, and whatever may be necessary to prevent erosion and damage to adjacent properties from surface drainage as approved by the City Engineer and the Planning Commission. 608.075 SETBACK REQUIREMENTS — CREEKS/WATERCOURSES: No person shall be granted a permit for the construction of any structures, bank stabilization structures, poles, and sign structures adjacent to any creek or watercourse unless such structure is located so that no portion thereof is any closer to the creek or watercourse than will allow a maximum three -to -one slope plus 20 feet between the water's edge of the creek or watercourse. "Water's edge" shall be deemed to be that point constituting the edge of the water during normal flow conditions. A property shall be exempt from the provisions of this Section upon an application filed by the property owner supported by a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the creek/watercourse will be endangered by erosion or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise improved by any agency or government, then such certification providing an exception to this Section may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency. 608.08 FIRE PROTECTION: Fire hydrants shall be provided by the subdivider in all subdivisions with public water supplies. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at mid -block for blocks exceeding eight hundred (800) feet in length. Hydrants shall also be required at the entrance and end of all cul-de-sacs exceeding four hundred (400) feet in length. The type of hydrant and control valves and the location of the hydrant shall be approved by the Fire Chief. The minimum size of any water line serving any hydrant shall not be less than six (6) inches in diameter and shall be circulation water lines. The size and location of water lines shall be approved by the City Engineer and the Fire Chief. 608.09 ELECTRIC, GAS, AND TELEPHONE IMPROVEMENTS: (1) Electric service and telephone service shall be provided within each subdivision. Gas service may be required where reasonably accessible. City of Blair Subdivision Regulations Article 6, page 7 Whenever such facilities are reasonably accessible and available, they may be required to be installed within the area. Telephone, electric, and street lighting wires, conduits and cables shall be constructed underground except in cases where the City Engineer determines that topographic, bedrock or underground water conditions would result in excessive costs to the subdivider. (2) Whenever a sanitary sewer line and electric and/or telephone line are each placed underground in the same utility easement, the following provisions shall be applicable: a) The total easement width shall be not less than sixteen (16) feet, and b) The sanitary sewer line shall be installed within three (3) feet of the easement, and the electric and/or telephone lines shall be installed within three (3) feet of the opposite side of the easement. SECTION 609 SHARED IMPROVEMENT COSTS 609.01 OVER -SIZE AND OFF-SITE IMPROVEMENTS: The utilities, pavements and other land improvements required for the proposed subdivision shall be designed of over -size and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Planning Commission and City Engineer. 609.02 EXTENSIONS TO BOUNDARIES: The subdivider may be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Planning Commission. 609.03 OFF-SITE EXTENSIONS: If streets or utilities are not available at the boundary of a proposed subdivision, and if the Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary casements or rights-of- way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land. SECTION 610 SUBDIVISION IMPROVEMENT GUARANTEES The subdivider shall complete in a manner satisfactory to the City Council and the City Engineer, all improvements required in these Regulations specified in the final subdivision plat, and as approved by the City Council and shall dedicate same to the City in accordance with Section 610.07 of these Regulations. The City shall, at its discretion, enter into a contract with the subdivider whereby the City of Blair Subdivision Regulations Article 6, page 8 subdivider shall guarantee to complete all improvements required by this Ordinance or otherwise specified by the City Council in a manner satisfactory to the City Council To secure this contract, the subdivider shall provide, subject to the approval of the Planning Commission, one of the guarantees provided in Sections 610.01 through 610.04. 610.01 SURETY PERFORMANCE BOND: The subdivider shall obtain a security bond in the amount of 110% of the total estimated cost of the project from a surety bonding company authorized to do business in the State of Nebraska. The bond shall be payable to the City and shall be in an amount to cover the entire cost, as estimated by the subdivider and approved by the City Engineer, of installing all contracted improvements. The duration of the bond shall be until such time as the improvements are accepted by the City in accordance with Section 610.07. 610.02 ESCROW ACCOUNT: The subdivider shall deposit cash, or other instrument readily convertible into cash at face value in the amount of 110 percent of the total estimated cost of the project, either with the City, or in escrow with a bank. The use of any instrument other than cash, and in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the City Council. The deposit, as estimated by the subdivider and approved by the City Engineer, shall cover the cost of installing all required improvements. In the case of an escrow account, the subdivider shall file with the City Council an agreement between the financial bank and himself/herself guaranteeing the following: (1) That the funds of said escrow account shall be held in trust until released by the City Council and may not be used or pledged by the subdivider as security in any other matter during that period; (2) And that in the case of a failure on the part of the subdivider to complete said improvements, then the bank shall immediately make the funds in said account available to the City for use in the completion of those improvements. 610.03 SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT GUARANTEE: Where a subdivision is to be developed in several sections, the City Council may, at its discretion, waive the use of a guarantee on the initial sections, provided that such sections may not be larger than twenty-five (25) lots, or fifty (50) percent of the total number of lots in the subdivision, whichever is less. The City Council shall grant final plat approval for each succeeding section being contingent upon completion of all contracted improvements in each preceding section, and acceptance of those improvements in accordance with Section 610. Completion of improvements in the final section of the subdivision, which shall include at least twenty- five (25) lots, or fifty (50) percent of the total number of lots in the subdivision, whichever is less, must be guaranteed through the use of one of the other methods detailed under Section 610 of this Ordinance. City of Blair Subdivision Regulations Article 6, page 9 610.04 SPECIAL ASSESSMENT: The City may, at its discretion, enter into an agreement with the subdivider to pay the cost of the required improvements through the use of a special assessment. The City shall make such arrangements for actual construction and interim financing as its deems appropriate, provided that construction of improvements in any section of the subdivision shall be completed in a time period not longer than would be allowed if another form of improvement guarantee were used. 610.05 TIME LIMITS: Prior to the granting of final plat approval, the subdivider and the Planning Commission shall agree upon a deadline for the completion of all required improvements, such deadline not to exceed two (2) years from the date of final plat approval. The Planning Commission shall have the power to extend that deadline for one (1) additional year where the subdivider can present substantial reason for doing so. 610.06 FAILURE TO COMPLETE IMPROVEMENTS: If any portion of the required improvements shall fail to be accepted for dedication in compliance with section 610.07 within the allocated time period, either for reason of incompletion or for reason of substandard construction, then the City Council shall take the following action: Where improvements have been guaranteed under Section 610.02 of this Ordinance, the City Council shall declare whatever security has been pledged as a guarantee to be forfeit. Where the City Council is not already in possession of said guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of these securities, the City Council shall use them, or receipts from their sale if that be necessary, to finance the completion of contracted improvements or the rebuilding of such improvements to the proper specifications. Unused portions of these securities shall be returned to the subdivider, bonding company, or crediting institution, as is appropriate. 610.07 INSPECTION AND CERTIFICATION: The City Engineer, or other knowledgeable official as specified by the Planning Commission, shall regularly inspect for defects in the construction of required improvements. Upon completion of these improvements, the City Engineer shall file with the Planning Commission a statement either certifying that the improvements have been completed in the specific manner or listing the defects in those improvements. Upon completion of the improvements, the subdivider shall file with the Planning Commission a statement stipulating the following: (1) That all required improvements are complete; (2) That these improvements are in compliance with the minimum standards specified by the Planning Commission for their construction; (3) That the subdivider knows of no defects from any cause, in those improvements; and City of Blair Subdivision Regulations Article 6, page 10 (4) That these improvements are free and clear of any encumbrance or lien. If the City Engineer has certified that the contracted improvements are complete and free from defect, then upon receipt of the other statements and agreements detailed above, the City shall accept the dedication of those improvements. The City may, at its discretion, accept the dedication of any portion of the required improvements, provided that all statements and agreements specified above have been received for that portion of the improvements. 610.08 REDUCTION OF GUARANTEES: In those cases where improvement guarantees have been made under Section 610.02 of this Ordinance, the amount of the guarantee may be reduced upon acceptance, in compliance with Section 610.07 of the dedication of a portion of the required improvements. 610.09 RELEASE OF GUARANTEE: Upon acceptance, in accordance with Section 610.07 of the dedication of the final portion of improvements, the City shall authorize the release of the remaining portion of the improvement guarantee. SECTION 611 OPERATION AND MAINTENANCE It is the intention of the City to provide no services other than planning and zoning administration to its zoning area beyond the corporate boundaries of the City. Therefore, it will be the obligation of the subdivider to present to the Planning Commission and City Council a precise approach for the provision of these services. Said approach may include the formation of district, homeowners organizations or other methods to operate and provide for long term maintenance and service. Said approach shall be made binding on the subdivider in a form, agreement, or contract in a manner which is accepted by the City Attorney. (END OF SECTION) City of Blair Subdivision Regulations Article 6, page 11 ARTICLE 7 VARIANCE SECTION 701 GRANTING OF VARIANCES; CONDITIONS The Planning Commission may recommend and the City Council may grant variances from the provisions of these regulations, but only after determining that: 1. There are unique circumstances or conditions affecting the property. 2. The variance is necessary for the reasonable and acceptable development of the property in question. 3. The granting of the variance will not be detrimental to the public welfare or injurious to adjacent property. SECTION 702 RECORDING OF PLAT In no case shall the requirement of filing and recording a plat for subdivision be waived. SECTION 703 PLAN DEVELOPMENT The Planning Commission may recommend and City Council may also grant reasonable variances to these Regulations if the subdivider concurrently submits an application for, and obtains approval of, a Planned Development District. The subdivider shall indicate where his/her plans vary from these regulations and shall present sufficient evidence to support his/her request, indicating why his/her request will not be detrimental to the public health, safety and welfare. SECTION 704 WAIVER FOR SMALL SUBDIVISIONS The subdivider may make application for and the Planning Commission may grant a waiver of some or all of the requirements provided in Article 5 and Article 6 of these regulations for small residential, commercial and industrial subdivisions where the following conditions exist: 1. The subdivision contains no more than five (5) lots. 2. All lots of the proposed subdivision shall be platted on existing streets. 3. Street surfaces of all streets serving the subdivision shall meet or exceed street surface standards of the City. 4. Public water, sanitary sewer, and facilities are available to all lots in the subdivision. 5. The development of the subdivision will not increase erosion or flooding potential. A subdivision requesting a waiver under the provisions of Section 704 of these Regulations shall submit said request in writing to the Planning Commission prior to submission of the Preliminary Plat. The request for a waiver shall include a list of all requirements for which a waiver City of Blair Subdivision Regulations Article 7 — 11, page 1 is sought by reference to the Section numbers and the descriptive catch -heads which appear in these Regulations. SECTION 705 LOT SPLIT OF TAX LOTS OR PARCELS An existing tax lot or parcel of land shown as a unit or as contiguous units on the January 1, 1979 Tax Rolls, of sufficient size, may be divided into no more than two (2) tax lots, upon recommendation of the Planning Commission and approval of the City Council. In AGG a lot split is allowed where a tax lot, tract or parcel of land is divided into one tax lot that is at least three (3) acres and a second tax lot that is greater than ten (10) acres. The subdivider, developer or owner shall file with the City an application upon forms prescribed therefor and shall comply with these minimum lot requirements. Requests for lot split approval shall be made by the owner of the land to the City Administrator. The subdivider shall submit four (4) full-size paper originals and one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches of a survey of the lots, certified by a surveyor, showing the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split. Such drawings shall include a scale drawing of the entire tract being divided. An electronic version of the survey maps capable of being imported into the City's GIS system must also be submitted. The application shall be accompanied by a list of names and addresses of all owners of land within three hundred (300) feet of the property who shall receive notices. The submitted drawing shall also contain the following: (1) Date, title (such as "Lot Split of Tax Lot.."), and location map of the tax lot being split. (2) Names and locations of abutting streets and lots, identifying street names and tax lot or lot and block numbers. (3) Identification of the new tax lot and set back lines. (4) Graphic scale, true north point and full legend depicting all map symbology. (5) Monuments. (6) Dimensions, angles and bearings and complete legal description of the property. (7) Sufficient engineering data to reproduce any line on the ground. (8) Location, dimensions, and purposes of any existing easements. (9) Certification by surveyor or engineer certifying to the accuracy of the survey and drawing. (10) Certification signed and acknowledged by all parties holding title or having any title interest City of Blair Subdivision Regulations Article 7 — 11, page 2 in the land subdivided and consenting to the preparation and recording of the drawing as submitted. (11) Certification by the County Treasurer all assessed taxes for the current year have been paid in full. (12) Square footage of each tax lot. (13) If applicable, utility easements signed by the owner or owners to permit all tax lots created access to all utilities available, including but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television. (14) Location of all existing buildings, structures, fences and retaining walls. Written notices shall be mailed to all owners of land within three hundred (300) 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. The applicant shall pay and the application must be accompanied by a nonrefundable 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. A "Lot Split Action Pending" sign will be posted on the front yard of the property under consideration for a lot split at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 1. Approval or disapproval of tax lot splits shall be made based on the following guidelines in which: A. No tax lot split shall be approved if: (1) A new street or alley is needed or proposed. (2) A vacation of streets, alleys, setback lines, access control of easements is needed or proposed. (3) Such action will result in significant increases in service requirements, utilities, schools, traffic control, streets, etc.; or will interfere with maintaining existing service levels, additional repaving etc. (4) There is less street right-of-way than required by these Regulations or the comprehensive plan, unless such dedication can be made by separate instrument. (5) All easement requirements have not been dedicated. City of Blair Subdivision Regulations Article 7 — 11, page 3 (6) The tax lot split results in a tract which does not border on and provide direct access for ingress and egress to a public right-of-way. Said direct access shall not be less than thirty (30) feet in width. An easement shall not be considered as providing direct access. (7) A substandard tax lot or parcel would be created, as determined by the existing zoning. (8) Any assessed, current year taxes are not paid. (9) Approval has not been granted by the Public Works Director for access to proposed lots in corporate limits or County Roads Superintendent for access to proposed lots in the two-mile jurisdiction. B. Additional requirements or provisions pertaining to tax lot split applications are as follows: (1) Tax lot splits platted along existing streets shall include dedication to the public of right-of-way pursuant to the provisions of Section 502.03 of these Subdivision Regulations. (2) The Planning Commission may make such additional requirements deemed necessary to carry out the intent and policy of existing land development regulations and governing body policy which may include, but not be limited to, installation of public facilities and submission of covenants for the protection of other landowners in the original subdivision. (3) The City Council, after recommendation of the Planning Commission, may waive any of the restrictions herein prohibiting the approval of a tax lot split upon the following conditions: (a) Lot split to be appended to an existingtax ax lot: If the tax lot split application includes a letter from the County Surveyor indicating that upon granting of the tax lot split any resulting substandard size tax lot will be combined with an existing tax lot or tract and redesignated as one tax lot or tract, the tax lot split may be approved if such redesignated tax lot or tract meets all of the requirements for the granting of tax lot splits herein; or (b) Lot split to be appended to an existing_ platted lot: If the tax lot split application includes an agreement of the owners thereof and owners of adjacent platted lot(s) to which any part of the split lot is to be appended, binding the transferees, grantees, and the assignees of the owners, requiring the resulting split tax lot(s) will be permanently appended to the contiguous platted lot(s) with common ownership. Permanently appended shall mean that the resulting partial tax lot or the contiguous platted lot may not be conveyed without the other in a simultaneous transaction to City of Blair Subdivision Regulations Article 7 — 11, page 4 the same grantee, pursuant to the terms of a contiguous parcel agreement in form satisfactory to the Planning Commission and City Council. C. The Planning Commission shall consider the tax lot split within thirty (60) days of application. The chairman of the Planning Commission shall sign and furnish a certificate of approval or disapproval to be affixed to the lot split survey. D. The tax lot split application shall then be submitted to the City Council for appropriate action. E. Following approval by the City Council, an original survey bearing the land surveyor's certificate, the signatures of the chairman of the Planning Commission and Mayor, indicating City Council approval, shall be filed by the City Clerk in the office of the Washington County Register of Deeds. 2. The Zoning Administrator may approve an Administrative Tax Lot Line Adjustment without further approval by the Planning Commission or City Council which involves a transaction between owners of adjoining tax lots, which involves only a change in the boundary between the tax lots owned by such persons, which does not create an additional tax lot, and which does not result in the creation of a substandard tax lot. Following the mailing of the written notices required in Section 705, if a protest or protests against such tax lot split be filed in the office of the City Clerk within ten (10) days of the notice of such split, which are duly signed by the owners of twenty percent (20%) of the total area, excepting public streets and ways, located within three hundred feet of the boundaries of the property proposed to be split, approval of such tax lot split shall not be made by the Zoning Administrator under this section, and the approval of such tax lot split shall be made by the procedure as set forth hereinabove by hearing before the Planning Commission and City Council. 3. Conveyances or transfers of real estate otherwise subject to the provisions of this section shall be exempt in the following instances: A. A conveyance of land or interest therein for use as right-of-way by railroad or other public utilities subject to state or federal regulation, where no new street or easement of access is created. B. Any transfer by operation of law. C. A conveyance of land to any governing body for right-of-way or other public use when such acceptance is in the public interest and not for the purpose of circumventing these regulations. City of Blair Subdivision Regulations Article 7 — 11, page 5 ARTICLE 9 REPEALS All Ordinances of the City inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. The repeal of any of the above-mentioned does not revive any other Ordinances or portions thereof repealed by said Ordinances. Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any Ordinancc rcpcalcd hcrcby, for any offense committed prior to the repeal. ARTICLE 10 SEVERABILITY It is hereby declared to be the legislative intent that the several provisions of this Ordinance shall be severable, in accordance with the provisions set forth below. If any provision of this Ordinance is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: 1. The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgement or decree of invalidity was rendered. 2. Such decision shall not affect, impair or nullify this Ordinance as a whole or the application of any provisions thereof, to any other lot, building, other structure, or tract of land. ARTICLE 11 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 8th day of March, 2005. ATTEST: Brenda Wheeler, City Clerk James E. Realph, Mayor (END OF SECTION) City of Blair Subdivision Regulations Article 7 — 11, page 6 Addendum No. 1 to Schedule B of Subdivision Regulation for Blair, Nebraska The City Administrator and Building Inspector of the City of Blair may waive the sidewalk requirements as set forth in Schedule B and Section 604 hereof where the proposed residential construction is located in one of the following: College Heights Addition, Westridge Addition, Baronage Valley Addition, Marquardt's Hillcrest Addition, on South 13th Avenue south of Wilbur Street, and 16th Street south of Wilbur Street. Such waiver may be made only in the event that said residential construction is not adjacent to any lot or parcel of real estate on which a sidewalk has previously been constructed. Such waiver further may be granted only if the owner provides to the City an agreement which shall run with the land and shall provide in part that said owner understands and agrees that the waiver may be withdrawn at any time and that at such time, said owner will not object to the construction of sidewalks as may be required or promulgated by the City. SCHEDULE A: MINIMUM STREET STANDARDS Minimum Surface No. of Minimum Shoulder Maximum Minimum Min. Spacing Right of Width Traffic No. of Width (ft) Grade % Center intersection Way (ft) (ft) Lanes Parking System Class I Line with arterial N.R. N.R. N.R. Lanes Class II Yes Yes Radius street (ft) CLASS I SUBDIVISIONS (REFER TO SECTION 303.01 (5 1)) Yes Arterial 120 Street 36 (2) 2 0 4 (2) 7 350 -- -- Collector 80 30 (2) 2 0 4 7 300 1320 Street Local Street 50 2 0 4 8 200 1320 24 (2) Cul -de -Sac 62.5 50 (2) 2 0 3 10 200 None Allowed and Loop CLASS H SUBDIVISIONS (REFER TO SECTION 303.01 (5 1)) Arterial 100 44 (2) 4 0 8 6 300 -- -- Street Collector Street 80 36 (2) 2 0 6 7 300 1320 Local Street 50 25 (2) 2 2 6 8 200 1320 Cul -de -Sac and 62.5 50 (2) 2 1 4 10 100 None Allowed Loop (1) Minimum standards are not applicable to roads and streets which are included on the Federal -Aid Primary or Federal - Aid Secondary system of on the county or municipal One and Six Year Road and Street Plan. (2) Add greater width if parking and/or turning lanes are to be provided: minimum turning lane =10 feet and minimum parking lane = 8 feet (3) If a greater surface width is provided for parking lanes or turning lanes an equivalent footage of the additional surface width shall be added to the minimum right of way. SCHEDULE B: REQUIRED SUBDIVISION REQUIREMENTS Subdivision Curb& Sidewalks Street Surface Storm Street Central Central Class (Section Gutter Type Minimum Drainage Lights Lights Water 303.01 (51)) System System Class I N.R. N.R. Agg N.R. N.R. N.R. N.R. Class II Yes Yes Bit -Con Yes Yes Yes Yes N.R. = Not Required, but subject to approval of Planning Commission and City Engineer AGG = Aggregate, crushed rock or gravel Bit -Con = Bituminous or concrete surface City of Blair Subdivision Regulations Addendum No. 1 to Schedule B, page 1 ORDNANCE N0.2024 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDNANCE SETTING AND ESTABLISHING THE CORPORATE BOUNDERIES OF THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDNANCES OR PARTS OF ORDNANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. Section 1. The legal description of the corporate boundaries of the City of Blair, Nebraska is hereby established and set as follows, to-wit: City of Blair Corporate Legal Description Beginning at a point that is the northwest corner of the southwest quarter of the southeast quarter of section 3, township 18 north, range 11 east of the 6th P.M.; thence easterly along the south line of the southeast quarter of said section 3 and section 2, township 18 north, range 11 east of the 6th P.M. to a point of intersect on the west lot line of lot 3 of the Deerfield Subdivision an official plat in the City of Blair, Washington County, Nebraska, this point also being the centerline of the abandoned Chicago and Northwestern Transportation Company Railroad right-of--way; thence northerly along said abandoned right-of--way to a point of intersection of the east/west centerline of section 2, township 18 north, range 11 east of 6th P.M.; thence easterly along said section centerline to the southwest lot corner of Tax Lot 123 of said section 2; thence northerly along the west lot line of said Tax lot 123 to the northwest lot corner of said Tax Lot 123; thence easterly along the north lot line of said Tax Lot 123 to the northeast lot corner of said Tax Lot 123; thence southeasterly along the east lot line of said Tax Lot 123 to the southeast lot corner of Tax Lot 123, this point also on the east section line of said Section 2; thence continuing southeasterly along the east lot line of Tax Lot 84, Section 1, Township 18 North, Range 11 East of the 6th P.M. to the northwest lot corner of said Tax Lot 84; thence northerly to the northeast lot corner of said Tax Lot 84; thence southeasterly to the northwest lot corner of Lot 50 of Ridgeview Estates subdivision and official plat of the City of Blair, Washington County, Nebraska; thence easterly along the north lot lines of lots 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 to the northeast lot corner of lot 59 of said Ridgeview Estates Plat; thence northerly along the irregular west lot lines of lots 1, 2 and 3 to the northwest lot corner of lot 3 of Ridgeview Estates 1St Addition an official plat in the City of Blair, Washington County, Nebraska; thence easterly to a point on the east right-of--way line of 10th Street located 88 feet due east of the northeast lot corner of said lot 3 of said Rideview Estates 1St Addition Plat; thence southerly along the east right-of--way line of 10th Street in section 1, township 18 north, range 11 east of the 6 P.M. to the northwest lot corner of Tax Lot number 57 in section 1 township 18 north, range 11 east of the 6th P.M.; thence southeasterly along the north lot line of said Tax Lot number 57 to the southeast section corner of said section 1; thence southerly along the east section line of section 7, township 18 north, range 11 east to the northwest lot corner of Tax Lot number 129 in said section 7; thence easterly along the north lot line of said Tax Lot 129 and lots 10, 11, 12 and 13 to the northeast lot corner of lot 13 of the Evergreen Bluff Addition and official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west right-of--way line of Garfield Street as platted in said Evergreen Bluff Addition plat including around the west side of the cul-de- sac to the southwest lot corner of lot 8 in said Evergreen Bluff Addition Plat; thence northerly along the west lot line of said lot 8 to the northwest lot corner of said lot 8; thence southeasterly along the north lot lines of lots 8 and 7 of said Evergreen Bluff Addition plat to the northeast lot corner of lot 7 of said Evergreen Bluff Addition plat; thence southwesterly along the east lot lines of lots 7 and 6 to the southeast lot corner of lot 6 in said Evergreen Bluff Addition plat; thence easterly along the north lot line of lot 3 of said Evergreen Bluff Addition Plat to the northeast lot corner of lot 3 of said Evergreen Bluff Addition plat; thence easterly along the north lot lines of lots 16-13 of the Evergreen Bluff Plat an official plat of the City of Blair, Washington County, Nebraska to the northeast lot corner of Lot 13 of said Evergreen Bluff Plat; thence northeasterly along the north lot lines of lots 13 & 12 to a point that is 33.03 feet northeast of the northwest lot corner of lot 11 of said Evergreen Bluff Plat; thence easterly along the north lot lines of lots 11, 10, 9 and 8 to the northeast lot corner of lot 8 of said Evergreen Bluff Addition Replat; thence southeasterly along the north the north lot lines of lots 7, 6, 5, 4, 3, 2 and 1 to the southeast lot corner of lot 1 of said Evergreen Bluff Plat, thence S34 57' 15"E for a distance of 9.58 feet to a point on the north lot line of Lot 1 of Evergreen Bluff Addition Plat, an official plat of Blair, Washington County, Nebraska; thence northeasterly along the north lot line of said Lot 1 and 3 of said plat to a point of intersection of the west line of the northeast quarter of section 7, Township 18 North, Range 12 East; thence northerly along said quarter section to the north line of the southwest quarter of the southeast quarter of Section 6, Township 18 North, Range 12 East; thence easterly along said north line of said southwest quarter crossing onto the north line of the southeast quarter of the southeast quarter of said section 6 to the northeast corner of said southeast quarter section of said Section 6; thence continuing easterly along the north line of the southwest quarter of the southwest quarter of Section 5, Township 18 North, Range 12 East of the 6th P.M. to a point of intersection of the center of the design channel of the Missouri River in said section 5; thence southerly along the center of the designed channel of the Missouri River to a point straight east of the south lot corner of Tax Lot number 22 of section 8, township 18 north, range 12 east of the 6th P.M.; thence westerly to the south lot corner of said Tax Lot number 22; thence northwesterly along the south lot line of said Tax Lot number 22 and continuing along the southwest lot lines of Tax Lots 25, 213, 90 and 86 to the southeast lot corner of Tax Lot 87 all of section 7, township 18 north, range 12 east of the 6th P.M.; thence northerly along the east lot line of said Tax Lot 87 to the northeast lot corner of said Tax Lot 87 and this point also on the south right-of--way line of State Highway 30 in said section 7; thence southwesterly along the south right-of--way line of State Highway 30 to the northeast lot corner of Lot 2 of Eastgate Plaza an official plat in the City of lair, Washington County, Nebraska; thence southerly along the east lot lines of Lots 2 and 3 of said plat to the southeast corner of said Lot 3; thence westerly along the south lot line of said Lot 3 to the southwest lot corner of said Lot 3, this point also being on the east right- of-way of East First Street in said section 7; thence southerly along the east right-of--way line of said East first Street to the southwest lot corner of Tax Lot number 253 of said section 7, and this point also on the north right-of--way line of Grant Street in said section 7; thence easterly along the north right-of--way of Grant Street in said section 7 to the southeast lot corner of Tax Lot number 240 of said section 7, and this point also being on the west right-of--way line of Industrial Park Drive; thence southerly to the southeast lot corner of Tax Lot 171 of said section 7; thence westerly along the south lot line of Tax Lot numbers 171, 169, 170, south right-of--way line of East 4th Street and Tax Lot number 160 to the southwest lot Corner of said Tax Lot 160 all in said section 7, and this point also on the east right-of--way line of East First Street; thence westerly to the southeast lot corner of Tax Lot number 246 in said section 7; thence westerly along the south lot lines of Tax Lot numbers 246, 247 and 248 to the southwest lot corner of Tax Lot number 248 all in said section 7; thence southerly along the east lot line of Tax Lot number 233 to the southeast lot corner of said Tax Lot number 233 of said section 7 and this point is also on the north. right-of--way line of Colfax Street; thence southerly to the northeast lot corner of Tax Lot number 256 in said section 7; thence southerly along the east lot line of tax Lot numbers 256, 255, 242 to the southeast lot corner of Tax Lot number 242 all of said section 7; thence westerly along the south lot line of said Tax Lot number 242 to the southwest lot corner of said Tax Lot number 242 of said section 7, and this point also being on the east right-of--way line of Third Avenue; thence westerly to the west right-of- way line of Third Avenue in said section 7 this point also being the northeast lot corner of Tax Lot 57 of said Section 7; thence southerly along the east lot line of said Tax lot 57 to the southeast corner of Tax Lot 57; thence westerly along the south lot line of said Tax lot 57 to the southwest lot corner of said Tax lot 57, this point is also the furthest northwest lot corner of Tax Lot 239 of said Section 7; thence southerly along the furthest west lot line of said Tax Lot 239 to the furthest southwest lot corner of Tax Lot 239, this point also being the southeast lot corner of Tax Lot 234 of Section 12, Townshipl8 North, Range 11 East of the 6th P.M.; thence westerly along the south lot line of said Tax lot 234 to center of the Chicago Northwestern Abandoned Railroad right-of--way; thence southeasterly along the centerline of said abandoned railroad right-of--way to a point directly east of the southeast lot corner of Tax Lot 176 of Section 13, Township 18 North, Range 11 East of the 6th P.M.; thence westerly to the southwest lot corner of said Tax lot 176; thence westerly along the south lot line of said Tax lot 176 to the southwest lot corner of said Tax Lot 176, this point also being on the east right-of--way line of South 10th Street; thence southerly along the east right-of--way line of South 10th Street to the South right-of--way line of Wilbur Street; thence westerly 33 feet to a point on the west section line of the northwest corner of the northeast quarter section of said Section 13; thence southerly along the west line of said quarter section to the southwest corner of said quarter section, and this point also being the northwest lot corner of Tax Lot number 226 in said Section 13; thence southerly along the west lot line of Tax Lot number 226 of said section 13 to the northeast lot corner of Tax Lot number 225 of said section 13; thence easterly along the north lot line of said Tax Lot 225 to the northeast lot corner of said Tax Lot 225; thence southerly along the east lot line of said Tax Lot 225 to the southeast lot corner of said Tax lot 225, this point also being on the north right-of--way line of Highway 75; thence southerly to the south right-of--way line of Highway 75; thence northwesterly along the south right-of--way line of Highway 75 to the south east lot corner of Tax lot 235 of said Section 13; thence southwesterly along the irregular south lot line of said Tax Lot number 235 to the furthest southwest lot corner of said Tax lot number 235; thence northwesterly along the westerly lot line of said Tax lot number 235 to the northwest lot corner of said Tax Lot number 235, this point also being the furthest southern lot corner of lot number 5 of the Replat of Scheffler's Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot numbers 5 and 6 of said Replat of Scheffler's Subdivision plat to the southwest lot corner of lot number 6 of said Replat of Scheffler's Subdivision plat, this point also being intersecting on the east right-of--way line of Maple Drive; thence westerly to the southeast lot corner of lot number 3 of said Replat of Scheffler's Subdivision plat; thence westerly along the south lot line of lot number 3 of said Replat of Scheffler's Subdivision plat and Tax Lot numbers 213, 79 and 78 of said section 13 to the southwest lot corner of said Tax Lot number 78; thence westerly to the southeast lot corner of lot 19 of Larsen's Third Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot 19 of said Larsen's Third Addition plat to the southwest lot corner of said lot 19 of said Larsen's Third Addition plat; thence westerly along the south right-of--way line of South 16th Street to the southeast lot corner of lot 18 of said Larsen's Third Addition plat; thence westerly along the south lot line of said lot 18 of said Larsen's Third Addition plat to the southwest lot corner of said lot 18 of said Larsen's Third Addition plat, this point also being 33' south of the southeast lot corner of Tax Lot number 23 of section 14, township 18 north, range 11 east of the 6th P.M., this point is also on the east section line of said section 14; thence westerly along a line 33' south of and parallel to the south lot line of Tax Lot numbers 23, 21 and 246 in said section 14 to the southeast lot corner of said Tax Lot number 21 of said section 14; thence westerly along the south lot line of said Tax Lot number 21 of said section 14 to the southwest lot corner of said Tax Lot number 21 of said section 14, this point also being the southwest lot corner of Tax Lot number 181 of said Section 14; thence southerly along the west lot line of said Tax lot numbers 181 of said section 14 to the northeast lot corner of lot 8 of the Pleasant Valley Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence southerly along the east lot line of said lot 8 in said Pleasant Valley Subdivision to the southeast lot corner of said lot 8 in said Pleasant Valley Subdivision plat; thence southerly along the east right-of--way line of Pleasant Valley Boulevard to the northeast lot corner of lot 9 of said Pleasant Valley Subdivision; thence southerly along the east lot line of said lot 9 of said Pleasant Valley Subdivision to the southeast lot corner of said lot 9 of said Pleasant Valley Subdivision; thence westerly along the south lot line of said lot 9 of said Pleasant Valley Subdivision to the northeast lot corner of Tax Lot number 257 of said section 14; thence southerly along the east lot line of Tax Lot numbers 257, 258 and 267 of said section 14 and Tax Lot numbers 39, 1 and 76 of section 23, township 18 north, range 11 east of the 6th P.M. to the southeast lot corner of Tax Lot number 76 of said section 23; thence westerly along the south lot lines of Tax Lot numbers 76, 101 and 100 of said section 23 to the southwest lot corner of Tax Lot number 100 in said section 23 this point also being the northeast lot corner of Tax Lot number 67 of said Section 23; thence southerly along the east lot line of Tax Lot number 68, 113 and 97 in said section 23 to the southeast lot corner of said Tax Lot number 97 in said section 23, this point also on the north lot line of Tax Lot number 73 in said section 23; thence easterly along the north lot line of said Tax Lot number 73 in said section 23 to the northeast lot corner of said Tax Lot number 73 in said section 23; thence southerly along the east lot line of said Tax Lot number 73 of said section 23 to the southeast lot corner of said Tax Lot number 73 in said section 23; thence westerly along the south lot line of said Tax Lot number 73 in said section 23 to the southwest lot corner of said Tax Lot number 73 in said section 23; thence westerly to the west right-of--way line of State Highway 133 in said section 23; thence northerly along the west right-of--way line of State Highway 133 to the southeast corner of Tax lot number 117 of said section 23; thence westerly along the south lot line of Tax Lot number 117 to the southwest lot corner of said Tax Lot number 117 in said section 23, this point also on the east right-of--way line of State Highway 30 in said section 23; thence westerly to the west right-of--way line of State Highway 30 in said section 23, this point also being the southeast lot corner of Tax Lot number 107 of said section 23; thence westerly along the south lot line of said Tax Lot number 107 of said section 23 to the southwest lot corner of said Tax Lot number 107 in said section 23; thence northeasterly along the west lot line of Tax Lot numbers 107 of said section 23 to the southeast lot corner of Tax Lot number 94 of said section 23; thence westerly along the south lot line of said tax Lot number 94 in said section 23 to the southwest lot corner of said Tax Lot number 94 of said section 23; thence northerly along the west lot line of said Tax Lot number 94 and 92 to the northwest lot corner of said Tax Lot number 92 of said section 23, this point also being the southwest lot corner of Tax Lot number 173 in Section 14, Township 18 North, Range 11 East of the 6th P.M.; thence; thence northerly along the west lot line of Tax Lot numbers 173 and 56 to the northwest lot corner of said Tax Lot number 56 of said section 14; thence northerly to the southwest lot corner of Tax Lot number 56 in said section 14; thence northerly along the east line of the northwest quarter of the southwest quarter of said section 14 to the northeast corner of the northwest quarter of the southwest quarter of said Section 14; thence westerly along the north line of the northwest quarter of the southwest quarter of said Section 14 to the southwest lot corner of said Tax Lot number 221 of said section 14; thence northerly along the west lot line of Tax Lot numbers 221, 176, 110 and 175 all of said section 14 to the northwest lot corner of Tax Lot number 175 in said section 14; thence northerly along the west line of Out Lot "B" of the Tyson's Skyline Addition an official plat in the City of Blair, Washington County, Nebraska to the southwest lot corner of lot 4 of said Tyson's Skyline Addition plat; thence northerly along the west lot line of lots 4 and 3 of said Tyson's Skyline Addition plat to the northwest lot corner of lot 3 of said Tyson's Skyline Addition plat, this point is also the southwest lot corner of Tax Lot number 206 of said section 14; thence northerly along the west lot line of said Tax Lot number 206 of said section 14 to the northwest lot corner of said Tax Lot number 206 of said section 14, this point also on the south section line of Section 11, Township 18 North, Range 11 East of the 6th P.M. and the southeast lot corner of lot 5 of the Tenth Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said to 5 of said Tenth Addition plat to the southwest lot corner of said lot 5 of said Tenth Addition plat, this point is also the southeast section corner of section 10, township 18 north, range 11 east of the 6th P.M. and the southeast lot corner of Tax Lot number 161 of said section 10; thence westerly along the south lot line of Tax Lot numbers 161 and 160 of said section 10 to the southwest lot corner of said Tax Lot number 160 of said section 10; thence northeasterly along the west lot line of said Tax Lot number 160 to the northwest lot corner of said Tax Lot number 160 of said section 10; thence northeasterly along the east lot line of Tax Lot 171 to the furthest northeast lot corner of said Tax Lot number 171 of said Section 10; thence westerly to the furthest southeast lot corner of Lot 1 of the Pleasant Dell Subdivision plat, an official plat of The City of Blair, Washington County, Nebraska; thence northerly along the irregular west lot line of said lot 1 of said Pleasant Dell Subdivision plat to a point that is 430.11' east of the northeast lot corner of lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the northern south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the northeast lot corner of said lot 2 of said Pleasant Dell Subdivision plat; thence southerly along the west lot line of said lot 2 of said Pleasant Dell Subdivision plat to the southeast lot corner of said lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the south lot line of said lot 2 to the southwest lot corner of said lot 2 of the said Pleasant Dell Subdivision plat this point also being on the east right-of--way line of County Road P29 in said section 10; thence westerly to the west right-of--way line of County Road P29; thence northerly along the west line of County Road P29 to the south right-of--way of Highway 91 in said Section 10; thence northerly to the north right-of--way line of State Highway 91 in said section 10; thence northeasterly along the north right-of--way line of said State Highway 91 to a point of intersection of the east section line of said section 10; thence northerly along the east section line of said section 10 to the northeast corner of the southeast quarter of said Section 10; thence westerly along the north section line of said Section 10 to the southwest corner of the northeast quarter of said Section 10; thence northerly along the north/south center section line of said section 10 passing to Section 3, Township 18 North, Range 11 East of he 6th P.M. to the northwest section corner of the southwest quarter of the southeast quarter of said section 3 the point of beginning. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordnance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED THIS 22ND DAY OF FEBRUARY, 2005 CITY OF BLAIR, NEBRASKA ATTEST: Z~~~^~ NDA WHEELER, CITY CLERK BY . ~" ~ J E ~ REALPH, MAYO (SEAL) - ^ . STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of lair, Nebraska, and that the above and foregoing Ordnance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 22nd day of February, 2005 ~~ BRENDA WHEELER, CITY CLERK ORDINANCE NO. 2025 AN ORDINANCE VACATING AND REJECTING THE FINAL PLAT FOR THE REAL ESTATE GENERALLY DESCRIBED AS SKYLINE RIDGE (LOTS 1 THROUGH 17 INCLUSIVE & OUTLOT 1) BEING A PLATTING OF THAT PART OF TAXLOTS 110, 175, 176, AND 221 IN THE NORTHWEST QUARTER, NORTHWEST QUARTER, AND THE SOUTHWEST QUARTER, NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., WASHINGTON COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, NORTHWEST QUARTER, NORTH 89°42'27" WEST FOR 354.45 FEET; THENCE NORTH 13°52'03" WEST FOR 1225.87 FEET; THENCE NORTH 00°25'45" EAST FOR 240.22 FEET; THENCE SOUTH 89°31'46" EAST FOR 293.02 FEET TO THE EASTERLY RIGHT OF WAY OF SKYLINE DRIVE; THENCE NORTH 07°50'47" WEST FOR 24.80 FEET ALONG SAID EASTERLY RIGHT OF WAY; THENCE NORTH 73°28'42" EAST FOR 161.49 FEET; THENCE SOUTH 89°01'43" EAST FOR 182.43 FEET TO THE WEST RIGHT OF WAY OF TWENTYFIFTH STREET; THENCE SOUTH 00°30'46" WEST ALONG SAID RIGHT OF WAY FOR 217.55 FEET; THENCE SOUTH 89°38'50" EAST FOR 33.00 FEET; THENCE SOUTH 00°30'46" WEST FOR 1279.45 FEET TO THE POINT OF BEGINNING, WASHINGTON COUNTY, NEBRASKA. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. WHEREAS, that parcel of real estate described above was approved for a final plat by the City of Blair City Council on February 22, 2005. However, it has come to the City Council's attention that there was an oversight with the plat rendering the plat to be incomplete and requiring that the final plat approval be withdrawn and that the final plat is hereby vacated and rejected. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION I . That the tracts of real estate described as: Skyline Ridge (lots 1 through 17 inclusive & Outlot 1) being a platting of that part of Tax Lots 110, 175, 176, and 221 in the northwest quarter, northwest quarter, and the southwest quarter, northwest quarter of section 14, township 18 north, range 11 east of the 6"' p.m., Washington County, Nebraska, more particularly described as follows: beginning at the southeast corner of said southwest quarter, northwest quarter; thence along the south line of said southwest quarter, northwest quarter, north 89°42'27" west for 354.45 feet; thence north 13°52'03" west for 1225.87 feet; thence north 00°25'45" east for 240.22 feet; thence south 89°31'46" east for 293.02 feet to the easterly right of way of skyline drive; thence north 07°50'47" west for 24.80 feet along said easterly right of way; thence north 73°28'42" east for 161.49 feet; thence south 89°01'43" east for 182.43 feet to the west right of way of twenty fifth street; thence south 00°30'46" west along said right of way for 217.55 feet; thence south 89°38'50" east for 33.00 feet; thence south 00°30'46" west for 1279.45 feet to the point of beginning, Washington County, Nebraska. part of tax lot 221, lying in the W1/2 of the NW1/4 of section 14, township 18 north, range 11 east of the 6th Principal Meridian, Washington County, Nebraska. Said real estate shall be vacated from Skyline Ridge Subdivision due to irregularities in the final plat and said final plat approval is hereby withdrawn and the final plat is hereby vacated and rejected. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. 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 8th day of March, 2005. ATTByST: ''' I~R~NDA WHEELER,4CITY CLE CITY OF BLAIR, NEBRASKA . _,, BYE ~~'~,,~,~. ~ <~---~,..,,....~ JA'MESjE. REALPH, MAYOR ~" °~~ ;, (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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 8th day of March, 2005. ,~ ~ ~/~. ~~~/t- ~~ ~ ~ ~ B NDA R. WHEELER, CITY CLERK ~ M ORDINANCE NO. 2026 AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 65 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF SAID DISTRICT; DESIGNATING THE SIZE, LOCATION, AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERRING TO PLANS AND SPECIFICATIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The Mayor and Council of the City of Blair, Nebraska, hereby find and determine that it is necessary and advisable to extend the municipal sanitary system beyond the existing system by the construction of sanitary sewer mains pursuant to the authority granted by Section 19-2402 R. R. S. Neb. 1943. That said sanitary sewer extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer Extension District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Sanitary Sewer Extension District No. 65, said sanitary sewer extension district the outer boundaries of which shall include the following described real estate, together with the streets upon which said properties directly abut, to-wit: Tax Lot Number 273 and Tax Lot Number 274 of Section 7, Township 18 North, Range 12 East of the 6th P.M. SECTION 3. The size, location, and terminal points of the proposed improvements for Sanitary Sewer Extension District No.65 are described as follows: Size and Type of Material: Eight inch (8") P.V.C. sanitary sewer main with manholes. Location and Terminal Points: The location and terminal point of the proposed improvements shall be from approximately 900 feet east of First Street Westerly along the North right of way of Grant Street for approximately 590 feet, Blair, Washington County, Nebraska. SECTION 4. Amore detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16~' Street, Blair, Nebraska 68008. Said plans and specifications for the specific sizing of pipes and mains as shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed sanitary sewer improvements as heretofore filed with the City Clerk for Sanitary Sewer District No. 65 is $22,764.63. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 22nd day of March, 2005. CITY OF BLAIR, NEBRASKA ~ ~ JA ' E E. REALPH, MAYOR \ ATTEST: BR //ENDA R. S'~~HEELER, 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of March, 2005. `1 ~ BRENA R. WHEELER, CITY CLERK ORDINANCE NO. 2027 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE VACATING THE FOLLOWING DESCRIBED PROPERTY: THE EAST 10.00 FEET OF THE DEDICATED RIGHT OF WAY OF 24~ STREET LYING ADJACENT TO AND ABUTTING THE WEST LINE OF LOT 10 IN BLOCK 17 DEXTER' S ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The following described property: the East 10.00 feet of the dedicated right of way of Twenty-Fourth Street lying adjacent to and abutting the West line of Lot 10 in Block 17, Dexter's Addition to the City of Blair, Washington County, Nebraska, (See Exhibit A attached hereto and incorporated herein by reference) is hereby vacated and the ownership of the same, pursuant to Neb. Rev. Stat. §16-611, shall revert to the owners of the adjacent real estate, one-half on each side thereof. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 12th day of April, 2005. CITY OF BLAIR, NEBRASKA J S E. REALPH, MAYOR ATTEST: W BRENDA R. `vVHEELER, 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 12th day of April, 2005. ~t , BRENDA R. WHEELER, CITY CLERK :~. x 24th St ~ i ~ ~ I ~ i %.~ ,„` ; I .~ _, 1 I 23rd ~t ~--~~ '- ORDINANCE NO. 2028 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE ANNEXING THE REAL ESTATE GENERALLY DESCRIBED AS BC SKOBO ACRES SUBDNISION PART OF LOT I, WASHINGTON COUNTY, NEBRASKA REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FORCE AND EFFECT. WHEREAS, that parcel of real estate described above is adjacent and contiguous to the current municipal corporate boundary. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTIONI. That the tracts of real estate described as BC Skobo Acres Subdivision Part of Lot 1, in Washington County, Nebraska, be and the same hereby annexed to the City of Blair, Nebraska. SECTION 2. The limits of the City of Blair, Nebraska, are hereby extended to include the above described tracts of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 10TH DAY OF MAY, 2005. CITY OF BLAIR, NEBRASKA B~. ~ ~. J S E. REALPH, MAYOR' ATTEST: B NDA R. WI~EELER, CITY CLERK (SEAL) ---. f ~- STATE OF NEBRASKA 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 10"' day of May, 2005. i %~~ BRENDA R. WHEELER, CITY CLERK WASHINGTON COUNTY COUNTY ASSESSOR'S OFFICE ASSESSMENT SUMMARY Date of Run 03/29/2005 ------------------------ PARCEL # 890086534 -------------- --------------- -------------------------- MAP $#: SKO-BO - - - ----------- 1 ---------- CURRENT OWNER --------------- -------------------------- CURRENT VALUATION ----------- WRIGHT INVESTMENTS INC Improvements 0 1137 SOUTH HWY 30 Outbuildings 0 P 0 BOX 432 Land Value 350 BLAIR, NE 68008-0000 ------------------------- ----- Total Assessed 350 FARCEL LOCATION --------- -------------------------- ----------- Street Address VACANT Class Code 02 03 04 03 00 07 Legal Description BC SKOBO ACRES PART OF LOT 1 12B PC 1 .06 AC ------------------------- ASSESSMENT INFORMATION -------------- -------------------------- PREVIOUS VALUATION ----------- Tax District 12 12B Improvements 0 Property Class 2000 Outbuildings 0 Exemption Code 0 Land Value 350 Exempt Amount 0 Prev Total 350 Taxable Value ------------------------- 350 -------------- Prev Taxable -------------------------- 350 ----------- CURRENT TAXATION School District Appraised Value Current Tax Rate Gross Taxes Due Exemption Amount Exemption Tax Loss Net Taxes Due PREVIOUS OWNERSHIP Grantor Book & Page # Sale Date Sale Price 89-0001 BLAIR SCHOOL 1 350 1.671934 . 5.86 0 0.00 5.86 ---------------------------------------------------------------------------- LAST BUILDING PERMIT Description Date Opened Date Closed Permit Amount ---------------------------------------------------------------------------- ,£5'Z901 - ` ~ /" N (J N . N ~a '~ - ~ 4 ~ey~ gyp' ~e»+„ N ~ ~ ~ ~`"' 121.17 ~ ~ ~~ ~ 63 N M v ~ . 1-- o ~ ~ te r, j ~ -- ~ 6~ 73,4.4` y ,` ~_ ~~ ~~ • ~ ~ _. ~~.. °~ 114.09 ~ ~ . ~ A I- W . ~ {-' N ~ ~ ~ ~ M ~~ ,L8'ZbZ _ N m ~~ ~ ~~ _ ~-y ' N d' U ~~N N Q O - ~ J (~ ~ t0, ti' O ~~ o~ ~. ~ N M .•. I.l.. ~ O ~ d, ~, Lj ~ rl ~ t m cY~ ~ y ap. ~o w N ct N Q I a J I ~ ~ o '~1 ~' w p w .. ~ (S' p ~ I-N /- a 2 1C ~~ as w~, .~ ,~ ~ a '~ w t° fJ ~ . (J --- --- -_..__. ^~) ~ _ LL ~ 1 O ~. L ~ ~ ~ a rJ ,~o'ozs ~ ~ J CO 00 Q ~ ~ N. O ~' ~ O iD ti ORDNANCE N0.2029 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDNANCE SETTING AND ESTABLISHING THE CORPORATE BOUNDERIES OF THE CITY OF BLAIR, NEBRASKA; REPEALING ALL ORDNANCES OR PARTS OF ORDNANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. Section 1. The legal description of the corporate boundaries of the City of Blair, Nebraska is hereby established and set as follows, to-wit: City of Blair Corporate Legal Description Beginning at a point that is the northwest corner of the southwest quarter of the southeast quarter of section 3, township 18 north, range 11 east of the 6th P.M.; thence easterly along the south lines of the northwest quarter and the northeast quarter of the southeast quarter of said section 3 to the southwest corner of the northwest quarter of the southwest quarter of section 2, township 1$ north, range 11 east of the 6th P.M.; thence easterly along the south lines of the northwest quarter and the northeast quarter of the southwest quarter of said Section 2 to a point of intersect on the west lot line of lot 3B of the Deerfield Subdivision an official plat in the City of Blair, Washington County, Nebraska, this point also being the centerline of the abandoned Chicago and Northwestern Transportation Company Railroad right-of--way; thence northerly along said abandoned right-of--way to a point of intersection of the east/west centerline of section 2, township 18 north, range 11 east of 6th P.M.; thence easterly along said section centerline to the southwest lot corner of Tax Lot 123 of said section 2; thence northerly along the west lot line of said Tax lot 123 to the northwest lot corner of said Tax Lot 123; thence easterly along the north lot line of said Tax Lot 123 to the northeast lot corner of said Tax Lot 123; thence southeasterly along the east lot line of said Tax Lot 123 to the southeast lot corner of Tax Lot 123, this point also on the east section line of said Section 2; thence continuing southeasterly along the east lot line of Tax Lot 84, Section 1, Township 18 North, Range 11 East of the 6th P.M. to the northwest lot corner of Lot 50 of Ridgeview Estates subdivision and official plat of the City of Blair, Washington County, Nebraska; thence easterly along the north lot lines of lots 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 to the northeast lot corner of lot 59 of said Ridgeview Estates Plat; thence northerly along the irregular west lot lines of lots 1, 2 and 3 to the northwest lot corner of lot 3 of Ridgeview Estates 1St Addition an official plat in the City of Blair, Washington County, Nebraska; thence easterly to a point on the east right-of--way line of 10th Street located 88 feet due east of the northeast lot corner of said lot 3 of said Rideview Estates 1St Addition Plat; thence southerly along the east right-of--way line of l 0th Street in section 1, township 18 north, range 11 east of the 6 P.M. to the southwest lot corner of Tax Lot number 58 in section 1 township 18 north, range 11 east of the 6th P.M.; thence southeasterly along the south lot line of said Tax Lot number 58 to the east line of said section 1; thence south to the southeast corner of said section 1; thence southerly along the west section line of section 7, township 18 north, range 12 east to the northwest lot corner of Tax Lot number 129 in said section 7; thence easterly along the north lot line of said Tax Lot 129 and lots 10, 11, 12 and 13 to the northeast lot corner of lot 13 of the Fredericks Meadow Addition and official plat in the City of Blair, Washington County, Nebraska; thence northerly along the west right-of--way line of Garfield Street as platted in said Fredericks Meadow Addition plat including around the west side of the cul-de-sac to the southwest lot corner of lot 8 block 8 in Evergreen Bluff Addition Plat; thence northerly along the west lot line of said lot 8 to the northwest lot corner of said lot 8; thence southeasterly along the north lot lines of lots 8 and 7 of said Evergreen Bluff Addition plat to the northeast lot corner of lot 7 of said Evergreen Bluff Addition plat; thence southwesterly along the east lot lines of lots 7 and 6 to the southeast lot corner of lot 6 in said Evergreen Bluff Addition plat; thence easterly along the north lot line of lot 3 of said Evergreen Bluff Addition Plat to the northeast lot corner of lot 3 of said Evergreen Bluff Addition plat; thence easterly along the north lot lines of lots 16-13 Block 2 of the Evergreen Bluff Plat an official plat of the City of Blair, Washington County, Nebraska to the northeast lot corner of Lot 13 of said Evergreen Bluff Plat; thence northeasterly along the north lot lines of lots 11 & 12 Block 2; thence easterly along the north lot lines of lots 11, 10, 9 and 8 to the northeast lot corner of lot 8 of said Evergreen Bluff Addition Replat; thence southeasterly along the north the north lot lines of lots 7, 6, 5, 4, 3, 2 and 1 Block 2 to the southeast lot corner of lot 1 Block 2 of said Evergreen Bluff Plat, thence S34 57' 15"E for a distance of 9.58 feet to a point on the north lot line of Lot 1 of Evergreen Bluff 1St Addition Plat, an official plat of Blair, Washington County, Nebraska; thence northeasterly along the north lot line of said Lot 1 and 3 of said plat to a point of intersection of the west line of the northeast quarter of section 7, Township 18 North, Range 12 East; thence northerly along said quarter section to the north line of the southwest quarter of the southeast quarter of Section 6, Township 18 North, Range 12 East; thence easterly along said north line of said southwest quarter of the southeast quarter crossing onto the north line of the southeast quarter of the southeast quarter of said section 6 to the northeast corner of said southeast quarter section of said Section 6; thence continuing easterly along the north line of the southwest quarter of the southwest quarter of Section 5, Township 18 North, Range 12 East of the 6th P.M. to a point of intersection of the center of the design channel of the Missouri River in said section 5; thence southerly along the center of the designed channel of the Missouri River to a point straight east of the south lot corner of Tax Lot number 22 of section 8, township 18 north, range 12 east of the 6th P.M.; thence westerly to the south lot corner of said Tax Lot number 22; thence northwesterly along the south lot line of said Tax Lot number 22 and continuing along the southwest lot lines of Tax Lots 25, 213, 90 and 86 to the southeast lot corner of Tax Lot 87 all of section 7, township 18 north, range 12 east of the 6th P.M.; thence northerly along the east lot line of said Tax Lot 87 to the northeast lot corner of said Tax Lot 87 and this point also on the south right-of--way line of State Highway 30 in said section 7; thence southwesterly along the south right-of--way line of State Highway 30 to the northeast lot corner of Lot 2 of Eastgate Plaza an official plat in the City of Blair, Washington County, Nebraska; thence southerly along the east lot lines of Lots 2 and 3 of said plat to the southeast corner of said Lot 3; thence westerly along the south lot line of said Lot 3 to the southwest lot corner of said Lot 3, this point also being on the east right-of--way of East First Street in said section 7; thence southerly along the east right-of--way line of said East first Street to the southwest lot corner of Tax Lot number 253 of said section 7, and this point also on the north right-of--way line of Grant Street in said section 7; thence easterly along the north right-of--way of Grant Street in said section 7 to the southeast lot corner of Eriksen Subdivision Lot 5 an official plat in Washington County, Nebraska, and this point also being on the west right-of--way line of Industrial Park Drive; thence southerly to the southeast lot corner of Tax Lot 171 of said section 7; thence westerly along the south lot line of Tax Lot numbers 171, 169, 170, south right-of- way line of East 4th Street and Tax Lot numbers 268 and 269 to the southwest lot Corner of said Tax Lot 268 all in said section 7, and this point also on the east right-of--way line of East First Street; thence westerly to the southeast lot corner of Tax Lot number 246 in said section 7; thence westerly along the south lot lines of Tax Lot numbers 246, 247 and 248 to the southwest lot corner of Tax Lot number 248 all in said section 7; thence southerly along the east lot line of Tax Lot number 233 to the southeast lot corner of said Tax Lot number 233 of said section 7 and this point is also on the north right-of--way line of Colfax Street; thence southerly to the northeast lot corner of Tax Lot number 256 in said section 7; thence southerly along the east lot line of tax Lot numbers 256, 255, 242 to the southeast lot corner of Tax Lot number 242 all of said section 7; thence westerly along the south lot line of said Tax Lot number 242 to the southwest lot corner of said Tax Lot number 242 of said section 7, and this point also being on the east right-of--way line of Third Avenue; thence westerly to the west right-of--way line of Third Avenue in said section 7 this point also being the northeast lot corner of Tax Lot 57 of said Section 7; thence southerly along the east lot line of said Tax lot 57 to the southeast corner of Tax Lot 57; thence westerly along the south lot line of said Tax lot 57 to the southwest lot corner of said Tax lot 57, said point being on the west line of said Section 7, and a point on the east line of Tax Lot 234 in section 12, Township 18 North, Range 11 East of the 6th P.M.; thence south to the southeast corner of said Section 12, this point also being the southeast lot corner of Tax Lot 234 of said Section 12; thence westerly along the south lot line of said Tax lot 234 to westerly right-of--way of the Chicago Northwestern Abandoned Railroad right-of--way; thence southeasterly along the westerly right-of--way of said abandoned railroad right-of--way to the southeast lot corner of Tax Lot 176 of Section 13, Township 18 North, Range 11 East of the 6th P.M.; thence westerly along the south lot line of said Tax lot 176 to the southwest lot corner of said Tax Lot 176, this point also being on the east right-of--way line of South 10th Street; thence southerly along the east right-of--way line of South 10th Street to the South right-of--way line of Wilbur Street; thence westerly 33 feet to a point on the west section line of the northeast quarter section of said Section 13; thence southerly along the west line of said quarter section to the southwest corner of said quarter section, and this point also being the northwest lot corner of Tax Lot number 226 in said Section 13; thence southerly along the west lot line of Tax Lot number 226 of said section 13 to the northwest lot corner of Tax Lot number 225 of said section 13; thence easterly along the north lot line of said Tax Lot 225 to the northeast lot corner of said Tax Lot 225; thence southerly along the east lot line of said Tax Lot 225 to the southeast lot corner of said Tax lot 225, this point also being on the north right-of--way line of Highway 75; thence southerly to the south right-of--way line of Highway 75; thence northwesterly along the south right-of--way line of Highway 75 to the south east lot corner of Tax lot 235 of said Section 13; thence southwesterly along the irregular south lot line of said Tax Lot number 235 to the furthest southwest lot corner of said Tax lot number 235; thence northwesterly along the westerly lot line of said Tax lot number 235 to the northwest lot corner of said Tax Lot number 235, this point also being the furthest southern lot corner of lot number 5 of the Replat of Scheffler's Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot numbers 5 and 6 of said Replat of Scheffler's Subdivision plat to the southwest lot corner of lot number 6 of said Replat of Scheffler's Subdivision plat, this point also being intersecting on the east right-of--way line of Maple Drive; thence westerly to the southeast lot corner of lot number 3 of said Replat of Scheffler's Subdivision plat; thence westerly along the south lot line of lot number 3 of said Replat of Scheffler's Subdivision plat and Tax Lot numbers 213, 79 and 78 of said section 13 to the southwest lot corner of said Tax Lot number 78; thence westerly to the southeast lot corner of lot 19 of Larsen's Third Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of lot 19 of said Larsen's Third Addition plat to the southwest lot corner of said lot 19 of said Larsen's Third Addition plat; thence westerly along the south right-of--way line of South 16th Street to the southeast lot corner of lot 18 of said Larsen's Third Addition plat; thence westerly along the south lot line of said lot 18 of said Larsen's Third Addition plat to the southwest lot corner of said lot 18 of said Larsen's Third Addition plat, this point also being 33' south of the southeast lot corner of Tax Lot number 23 of section 14, township 18 north, range 11 east of the 6th P.M., this point is also on the east section line of said section 14; thence westerly along a line 33' south of and parallel to the south lot line of Tax Lot numbers 23, 21 and 246 in said section 14 to the southwest lot corner of said Tax Lot number 21 of said section 14, this point also being the northwest lot corner of Tax Lot number 181 of said Section 14; thence southerly along the west lot line of said Tax lot number 181 of said section 14 to the northeast lot corner of lot 8 of the Pleasant Valley Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence southerly along the east lot line of said lot 8 in said Pleasant Valley Subdivision to the southeast lot corner of said lot 8 in said Pleasant Valley Subdivision plat; thence southerly along the east right-of--way line of Pleasant Valley Boulevard to the northeast lot corner of lot 9 of said Pleasant Valley Subdivision; thence southerly along the east lot line of said lot 9 of said Pleasant Valley Subdivision to the southeast lot corner of said lot 9 of said Pleasant Valley Subdivision; thence westerly along the south lot line of said lot 9 of said Pleasant Valley Subdivision to the northeast lot corner of Tax Lot number 257 of said section 14; thence southerly along the east lot line of Tax Lot numbers 257, 258 and 267 of said section 14 and Tax Lot numbers 39, 1 and 76 of section 23, township 18 north, range 11 east of the 6th P.M. to the southeast lot corner of Tax Lot number 76 of said section 23; thence westerly along the south lot lines of Tax Lot numbers 76, 102 and 100 of said section 23 to the northeast corner of Tax Lot number 113 in said section 23; thence southerly along the east lot line of Tax Lot numbers 113 and 97 in said section 23 to the southeast lot corner of said Tax Lot number 97 in said section 23, this point also on the north lot line of Tax Lot number 73 in said section 23; thence easterly along the north lot line of said Tax Lot number 73 in said section 23 to the northeast lot corner of said Tax Lot number 73 in said section 23; thence southerly along the east lot line of said Tax Lot number 73 of said section 23 to the southeast lot corner of said Tax Lot number 73 in r said section 23; thence westerly along the south lot line of said Tax Lot number 73 in said section 23 to the southwest lot corner of said Tax Lot number 73 in said section 23; thence westerly to the west right-of--way line of State Highway 133 in said section 23; thence northerly along the west right-of--way line of State Highway 133 to the southeast corner of Tax lot number 117 of said section 23; thence westerly along the south lot line of Tax Lot number 117 to the southwest lot corner of said Tax Lot number 117 in said section 23, this point also on the east right-of--way line of State Highway 30 in said section 23; thence westerly to the west right-of--way line of State Highway 30 in said section 23, this point also being the southeast lot corner of Tax Lot number 107 of said section 23; thence westerly along the south lot line of said Tax Lot number 107 of said section 23 to the southwest lot corner of said Tax Lot number 107 in said section 23; thence northeasterly along the west lot line of Tax Lot numbers 107 of said section 23 to the northwest corner of said Tax Lot 107 of said section 23, said point also being on the south line of Lot 2, Adamsons' Wyngate Subdivision an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of Lot 2 of said Adamsons' Wyngate plat to the southwest lot corner said Lot 2; thence northerly along the west lot line of said Lot 2 to the northwest lot corner of said Lot 2, this point also being the southwest lot corner of Tax Lot number 120 in said Section 23; thence northerly along the west lot line of Tax Lot number 120 to the northwest lot corner of Tax Lot 120 of said Section 23 this point also being the southwest lot corner of Tax lot number 173 of Section 14, Township 18 North, Range 11 East of the 6th P.M.; thence northerly along the west lot line of said Tax Lot number 173 to the northwest lot corner of said Tax Lot number 173, this point also being the southwest lot corner of said Tax Lot number 56 of said Section 14; thence northerly along the west lot line of Tax Lot number 56 of said Section 14 to the northwest lot corner of said Tax Lot number 56 of said section 14; thence northerly along the east line of the northwest quarter of the southwest quarter of said section 14 to the northeast corner of the northwest quarter of the southwest quarter of said Section 14; thence westerly along the north line of the northwest quarter of the southwest quarter of said Section 14 to the southwest lot corner of said Tax Lot number 221 of said section 14; thence northerly along the west lot line of Tax Lot numbers 221, 176, 110 and 175 all of said section 14 to the northwest lot corner of Tax Lot number 175 in said section 14; thence northerly along the west line of Out Lot "B" of the Tyson's Skyline Addition an official plat in the City of Blair, Washington County, Nebraska to the southwest lot corner of lot 4 of said Tyson's Skyline Addition plat; thence northerly along the west lot line of lots 4 and 3 of said Tyson's Skyline Addition plat to the northwest lot corner of lot 3 of said Tyson's Skyline Addition plat, this point is also the southwest lot corner of Tax Lot number 206 of said section 14; thence northerly along the west lot line of said Tax Lot number 206 of said section 14 to the northwest lot corner of said Tax Lot number 206 of said section 14, this point also on the south section line of Section 11, Township 18 North, Range 11 East of the 6th P.M. and the southeast lot corner of lot 5 of Block 116 of the Tenth Addition an official plat in the City of Blair, Washington County, Nebraska; thence westerly along the south lot line of said to 5 of Block 116 of said Tenth Addition plat to the southwest lot corner of said lot 5 of Block 116 of said Tenth Addition plat, this point is also the southeast section corner of section 10, township 18 north, range 11 east of the 6th P.M. and the southeast lot corner of Tax Lot number 161 of said section 10; thence westerly along the south lot line of Tax Lot r numbers 161 and 160 of said section 10 to the southwest lot corner of said Tax Lot number 160 of said section 10, this point also being the southeast lot corner of Tax Lot 171 of said Section 10; thence northeasterly along the west lot line of said Tax Lot number 171 to the northeast lot corner of Tax Lot number 171 of said section 10; thence westerly to the southeast lot corner of Lot 1 of the Pleasant Dell Subdivision plat, an official plat of The City of Blair, Washington County, Nebraska; thence northerly along the irregular west lot line of Lot 1 of said Pleasant Dell Subdivision plat to a point that is 430.11' east of the northeast lot corner of lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the northern south lot line of said lot 1 of said Pleasant Dell Subdivision plat to the northeast lot corner of said lot 2 of said Pleasant Dell Subdivision plat; thence southerly along the west lot line of said lot 2 of said Pleasant Dell Subdivision plat to the southeast lot corner of said lot 2 of said Pleasant Dell Subdivision plat; thence westerly along the south lot line of said lot 2 to the southwest lot corner of said lot 2 of the said Pleasant Dell Subdivision plat this point also being on the east right- of-way line of County Road P29 in said section 10; thence westerly to the west right-of- way line of County Road P29; thence northerly along the west line of County Road P29 to the south right-of--way of Highway 91 in said Section 10; thence northerly to the north right-of--way line of State Highway 91 in said section 10; thence northeasterly along the north right-of--way line of said State Highway 91 to a point of intersection on the east section line of said section 10; thence northerly along the east section line of said section 10 to the northeast corner of the southeast quarter of said Section 10; thence westerly along the east-west quarter section line of said Section 10 to the southwest corner of the northeast quarter of said Section 10; thence northerly along the north south center section line of said section 10 passing to Section 3, Township 18 North, Range 11 East of he 6~' P.M. to the northwest section corner of the southwest quarter of the southeast quarter of said section 3 the point of beginning. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This ordnance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED THIS 26TH DAY OF APRIL, 2005 CITY OF BLAIR, NEBRASKA a BYe.., ~_ J' M S . REALPH, MAYOR ``°~_~ ``~... ... ATTEST:, 11L/L BR~,NDA WHEELER, CITY LERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA 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 foregoing Ordnance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of April, 2005 BRENDA WHEELER, CITY CLERK r ORDINANCE NO. 2030 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE CREATING PAVING DISTRICT NO. 184, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND DESCRIBING SAID PAVING DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. Pursuant to Section 16-617, 16-617.01, 16-618, 16-619 and 16-620, R.R.S. Neb. 1997, Street Improvement District No. 184 be and the same is hereby created with the City of Blair, Nebraska, the outer boundaries of which District shall include the following described properties together with the streets described below upon which said properties abut: Lots 1 through 16 and TL 275, inclusive and Outlot 1 being a platting of that part of Tax Lots 110, 175, 176 and 221 in the Northwest Quarter, Northwest Quarter, and the Southwest Quarter, Northwest Quarter of Section 14, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska. Within said District the street to be improved is Skyline Drive. SECTION 2. The improvements to be constructed in Paving District No. 184 may include grading, paving, curbing, guttering, storm sewer improvements, sidewalks, and other necessary or incidental appurtenances to the improvements. SECTION 3. All of said improvements shall be constructed to the established grades as fixed by ordinance of said City and shall be constructed in according with plans and specifications to be made by HGM and Associates, employed by the City, to be approved by the City Council. Said improvements in Paving District No. 184 shall be made at public cost, and the cost of such improvements, excepting street, intersections, shall be assessed against the property within said District specially benefited thereby in proportion to such benefits. SECTION 4. That this ordinance shall be known as Ordinance No. 2030 shall be in effect from and after its passage, approval, and publication according to law. PASSED AND APPROVED this 24TH day of MAY, 2005. -1- v~-~ JA E . REALPH, MAYOR ATTEST: r ~, 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 24th day of May, 2005. BRENDA R. WHEELER, CITY CLERK -2- ORDNANCE NUMBER NO. 2031 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDNANCE CREATING WATER EXTENSION DISTRICT NUMBER 43 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDRIES OF SAID DISTRICT; DESIGNING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERING TO PLANS AND SPECIFIACTIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDNANCES OR PARTS OF ORDANCNES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlZ, NEBRASKA. SECTION 1. The mayor and city council of the City of Blair, Nebraska, hereby find and determine it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19-2402 R.R.S. Neb. 1943. That said water main extension shall commence at the existing water mains as described in Section 3 hereof; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Water District Number 43, the outer boundaries of which are included in the following described real estate, to-wit: Lots 1-16 of Skyline Ridge Subdivision in the City of Blair, Washington County, Nebraska and Tax Lot 275. SECTION 3. The size, location and terminal points of the proposed improvements for Water Extension District Number 43 are described as follows: Size and Type of Material: Six inch (6") P.V.C. or ductile iron water main with fire hydrants and valves. Location and Terminal Points: The location and terminal points of the proposed improvements are extending from currant south end of Skyline Drive southerly along Skyline Drive in Skyline Ridge Subdivision, City of Blair, Washington County, Nebraska. SECTION 4. Amore detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16~' Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 5022 South 114' Street, Suite 200, Omaha, Nebraska 68137-2330. Said plans and specifications are hereby incorporated by reference as set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains shown above. ~` SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as set heretofore filed with the City Clerk for Water Extension District Number 43 is $30,607.50. SECTION 6. All ordinances or parts of ordnances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 24~' day of May 2005. CITY OF BLAIR, NEBRASKA J E ALPH, MA OR ATTEST: G®/~,~ NDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY BRENDA 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 Ordnance was passed at a regular meeting of the mayor and city council of said City held on 24~' day of May, 2005. BRENDA WHEELER, CITY CLERK ORDNANCE NUMBER NO. 2032 COUNCIL, MEMBER ABBOTT INTRODUCES THE FOLLOWING ORDINANCE: AN ORDNANCE CREATING SANITARY SEWER EXTENSION DISTRICT NUMBER 66 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDRIES OF SAID DISTRICT; DESIGNING THE SIZE, LOCATION AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERING TO PLANS AND SPECIFIACTIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDNANCES OR PARTS OF ORDANCNES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlZ, NEBRASKA. SECTION 1. The mayor and city council of the City of Blair, Nebraska, hereby find and determine it is necessary and advisable to extend the municipal sanitary sewer system beyond the existing system by the construction of a sanitary sewer main pursuant to the authority granted by Section 19-2402 R.R.S. Neb. 1943. That said sanitary sewer main extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer District hereby created are presently served by the City's existing system of sanitary sewer service; and that all properly within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Sanitary Sewer District Number 66, the outer boundaries of which are included in the following described real estate, to-wit: Lots 1-16 of Skyline Ridge Subdivision in the City of Blair, Washington County, Nebraska and Tax Lot 275. SECTION 3. The size, location and terminal points of the proposed improvements for Sanitary Sewer Extension District Number 66 are described as follows: Size and Tyke of Material: Eight inch (8") P.V.C. sewer main with manholes. Location and Terminal Points: The location and terminal points of the proposed improvements are extending from the intersection of 25th Street and Clark Street West to Skyline Drive, then southerly along the right-of- way of Skyline Drive to the end of Skyline Drive Skyline Ridge Subdivision, City of Blair, Washington County, Nebraska. SECTION 4. Amore detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16th Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 5022 South 114th Street, Suite 200, Omaha, Nebraska 68137-2330. Said plans and specifications are hereby incorporated by reference as set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as set heretofore filed with the City Clerk for Sanitary Sewer District Number 66 is $ 256,183.20. SECTION 6. All ordinances or parts of ordnances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 24~' day of May 2005. CITY OF BLAIR, NEBRASKA ~- _ J E REAI;R~OR ATTEST: ~~t/ B NDA WHEELER, CITY CLERK (SEAL) / STATE OF NEBRASKA WASHINGTON COUNTY BRENDA 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 Ordnance was passed at a regular meeting of the mayor and city council of said City held on 24~' day of May, 2005. BRENDA WHEELER, CITY CLERK ORDINANCE NO. 2033 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, TO ADOPT AND IlVIPOSE A SALES AND USE TAX EFFECTIVE ON AND AFTER OCTOBER 1, 2005, OF ONE AND ONE-HALF PERCENT UPON THE SAME TRANSACTIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF BLAIR ON WHICH THE STATE OF NEBRASKA IS AUTHORIZED TO IlVIPOSE SUCH A TAX PURSUANT TO THE PROVISIONS OF THE NEBRASKA REVENUE ACT OF 1967 AS AMENDED AND THE LOCAL OPTION REVENUE ACT AS AMENDED; TO PROVIDE FOR THE ADMINISTRATION, ASSESSMENT, COLLECTION, CLAIMS, REMEDIES, PENALTIES, AND DISPOSITION OF SUCH SALES AND USE TAX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That pursuant to the approval of the electors of the City of Blair, Nebraska, at the election held on May 10, 2005, there is hereby adopted and imposed pursuant to Section 77-2701, et seq. R.R.S. Neb. known as the Nebraska Revenue Act of 1967, as amended, and Section 77-27,142, et seq. R.R.S. Neb. known as the Local Option Revenue Act, as amended, a sales and use tax effective on and after October 1, 2005, of one and one-half percent (1.5°,~°) upon the same transactions within the corporate limits of the City of Blair, Washington County, Nebraska on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the State of Nebraska as the same may be from time to time amended. SECTION 2. That said sales and use tax adopted and imposed herein shall terminate on September 30, 2015, unless an extension thereof is approved pursuant to the requirements of said Local Option Revenue Act. SECTION 3. The administration of the sales and use tax imposed by this Ordinance, the making of returns far the ascertainment and assessment thereof, the provisions for tax claims and remedies, the laws governing consummation of sales, penalties, and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by Section 77-2701 et seq. R.R.S. Neb. and Section 77-27,142 et seq., as amended, or as otherwise provided under Nebraska Law. SECTION 4. All revenue collections from the imposition of the one and one-half percent (1.5%) sales and use tan on the effective transactions within the corporate limits of the City of Blair, Nebraska, and any interest accruing on same shall be used only for the purposes of funding the construction and repair of streets, street maintenance including equipment, public safety equipment including but not limited to fire safety equipment, storm sewers and utility infrastructure, construction of sidewalks, repair of sidewalks including maintenance, public facilities, economic development, debt service, property tax relief and the maintenance costs associated therewith for the benefit of the City of Blair, Nebraska. SECTION 5. No new public facilities shall be approved without a 3/4 majority vote of the Blair City Council and no single construction project costing less than $300,000.00 can be financed via the use of bonds without a 3/4 majority vote of the Blair City Council. SECTION 6. That the priorities of the specific projects to be funded with any of the proceeds of one and one-half percent (1.5%) City sales and use tax shall be determined by the Mayor and City Council, after having received input from the public pertaining to the priority of such specific projects. SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED. this 24TH day of May, 2005. ~_ JA S . REALPH, MAYOR ATTEST: /. / UU B DA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 24th day of May, 2005. ' ?- BRE A R. WHEELER, CITY CLERK. ORDINANCE NO. 2034 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HUNDRED FORTY THOUSAND DOLLARS ($940,000) FOR THE PURPOSE OF PAYING AND REDEEMING THE CITY'S GENERAL OBLIGATION VARIOUS PURPOSE BONDS, SERIES 2000, DATE OF ORIGINAL ISSUE -OCTOBER 17, 2000, BONDS MATURING OCTOBER 15, 2006 THROUGH OCTOBER 15, 2015, INCLUSIVE, PRESENTLY OUTSTANDING IN THE PRINCIIAL AMOUNT OF $690,000; PAYING THE COST OF STREET IMPROVEMENTS IN GAP PAVING PROJECT NO. 182; PAYING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT N0.42; AND PAYING THE COSTS OF SEWER IlVIPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS. 61, 62 AND 63; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELNERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and City Council hereby find and determine that there have been heretofore issued and are now outstanding and unpaid valid and interest bearing bonds of the City of Blair, Nebraska, as follows: General Obligation Various Purpose Bonds, Series 2000, date of original issue -October 17, 2000, in the principal amount of Six Hundred Ninety Thousand Dollars ($690,000), bonds maturing October 15, 2006 through October 15, 2015, inclusive, numbered as shown on the books of the Paying Agent and Registrar becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate CUSIP No. $55,000 October 15, 2006 4.85% 093005 EA 0 60,000 October 15, 2007 4.90 093005 EB 8 60,000 October 15, 2008 4.95 093005 EC 6 65,000 October 15, 2009 5.00 093005 ED 4 65;000 October 15, 2010 5.05 093005 EE 2 70,000 October 15, 2011 5.15 093005 EF 9 75,000 October 15, 2012 5.25 093005 EG 7 75,000 October 15, 2013 5.35 093005 EH 5 80,000 October 15, 2014 5.45 093005 EJ 1 85,000 October 15, 2015 5.50 093005 EK 8 Said bonds are hereinafter referred to as the "Refunded Bonds." Said bonds are subj ect to redemption at any time on or after October 15, 2005, at par and accrued interest, and said interest is payable semiannually. ORDINANCE NO. 2034 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION VARIOUS PURPOSE BONDS OF THE CITY OF BLAIR, NEBRASKA, IN THE PRINCIPAL AMOUNT OF NINE HUNDRED FORTY THOUSAND DOLLARS ($940,000) FOR THE PURPOSE OF PAYING AND REDEEMING THE CITY'S GENERAL OBLIGATION VARIOUS PURPOSE BONDS, SERIES 2000, DATE OF ORIGINAL ISSUE -OCTOBER 17, 2000, BONDS MATURING OCTOBER 15, 2006 THROUGH OCTOBER 15, 2015, INCLUSIVE, PRESENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF $690,000; PAYING THE COST OF STREET MPROVEMENTS IN GAP PAVING PROJECT NO. 182; PAYING THE COST OF WATER IMPROVEMENTS IN WATER EXTENSION DISTRICT N0.42; AND PAYING THE COSTS OF SEWER IlVIPROVEMENTS IN SANITARY SEWER EXTENSION DISTRICT NOS. 61, 62 AND 63; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES TO PAY THE SAME; PROVIDING FOR THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF THE BONDS TO THE PURCHASER; AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and City Council hereby find and determine that there have been heretofore issued and are now outstanding and unpaid valid and interest bearing bonds of the City of Blair, Nebraska, as follows: General Obligation Various Purpose Bonds, Series 2000, date of original issue -October 17, 2000, in the principal amount of Six Hundred Ninety Thousand Dollars ($690,000), bonds maturing October 15, 2006 through October 15, 2015, inclusive, numbered as shown on the books of the Paying Agent and Registrar becoming due and bearing interest as follows: Principal Amount Maturity Date Interest Rate CUSIP No. $55,000 October 15, 2006 4.85% 093005 EA 0 60,000 October 15, 2007 4.90 093005 EB 8 60,000 October 15, 2008 4.95 093005 EC 6 65,000 October 15, 2009 5.00 093005 ED 4 65;000 October 15, 2010 5.05 093005 EE 2 70,000 October 15, 2011 5.15 093005 EF 9 75,000 October 15, 2012 5.25 093005 EG 7 75,000 October 15, 2013 5.35 093005 EH 5 80,000 October 15, 2014 5.45 093005 EJ 1 85,000 October 15, 2015 5.50 093005 EK 8 Said bonds are hereinafter referred to as the "Refunded Bonds." Said bonds are subject to redemption at any time on or after October 15, 2005, at par and accrued interest, and said interest is payable semiannually. Said Refunded Bonds were issued for the purpose of paying the costs of improving streets and alleys, intersections and areas formed by the crossing of streets, avenues or alleys and streets adjacent to real estate owned by the City in Street Improvement District Nos. 173 and 176. Since the issuance of the Refunded Bonds, the rates of interest available in the markets have declined so that the City of Blair can effect a savings in interest costs by providing for payment in full of the Refunded Bonds as called for redemption on October 15, 2005 (the "Redemption Date") through the issuance of its refunding bonds as provided herein. For the purpose of making said payment and redemption, it is for the best interest of the City to issue refunding bonds of the City in the principal amount of $705,000, pursuant to Section 10-142, Reissue Revised Statutes of Nebraska, 1997, and all laws amendatory thereof or supplementary thereto, and all conditions, acts and things required by law to exist or to be done precedent to the issuance of such refunding bonds do exist and have been done as required by law. Section 2. The Mayor and Council further find and determine: that pursuant to resolution heretofore duly adopted, Gap Paving Project No. 182 was established in said City and certain street improvements were ordered constructed; that said improvements have been completed and accepted and hereby are accepted by the City; that the portions improved do not exceed two blocks including intersections or 1,325 feet, whichever is the lesser, together with improved streets or alleys which intersect a paved street for a distance of not to exceed one block on either side of such paved street; that the cost of said improvements, as reported by the City's Engineer is not less than $1 S 1,000; that additional miscellaneous costs including interest on warrants and issuance expenses have been or are being incurred for said improvements; that special assessments have been or shall be levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from the special assessments and other funds available for such purpose, there still remains due and payable from the City on the costs attributable to said improvements not less than $118,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance -2- of Paving Bonds in the amount of $118,000 pursuant to Section 18-2003 R.R.S. Neb. 1997, do exist and have been done as required by law. Section 3. The Mayor and Council further find and determine: that pursuant to ordinances duly enacted Sanitary Sewer Extension District Nos. 61, 62 and 63 were created for said City and certain improvements were constructed in said Districts; that said improvements have been completed and accepted by the City and are hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $126,000; that in addition, the Cityhas incurred additional costs for interest on warrants and other indebtedness and miscellaneous expenses in connection with said improvements; that special assessments have been or shall be levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still remains due and payable from the City not less than $98,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Sanitary Sewer Service Extension Bonds of said Districts in the amount of $98,000 pursuant to Section 19-2405, R.R. S. Neb. 1997, do exist and have been done as required by law. Section 4. The Mayor and Council further find and determine: that pursuant to ordinance duly enacted Water Extension District No. 42 was created for said City and certain improvements were constructed in said District; that said improvements have been completed and accepted by the City and are-hereby accepted; that the cost of said improvements as reported by the City's engineers is not less than $29,000; that in addition, the City has incurred additional costs for interest on warrants and other indebtedness and miscellaneous expenses in connection with said improvements; that special assessments have been or shall be levied according to law on the real estate specially benefited by said improvements and such special assessments are valid liens on the lots and tracts of land upon which they are assessed; that after applying available monies collected from special assessments and other funds available for such purpose, there still -3- remains due and payable from the City not less than $19,000; that all conditions, acts and things required by law to exist or to be done precedent to the issuance of District Water Service Extension Bonds of said District in the amount of $19,000 pursuant to Section 19-2405, R.R.S. Neb. 1997, do exist and have been done as required by law. Section 5. The Mayor and Council of the City of Blair, Nebraska, further fmd and determine: That all conditions, acts and things required to exist or to be done precedent to the issuance of Various Purpose Bonds of the City of Blair, Nebraska, in the principal- amount of Nine Hundred Forty Thousand Dollars ($940,000) under Sections 18-1801 and 18-1802 R.R.S. Neb. 1997, as amended, to pay the costs described in Sections 1, 2, 3 and 4 hereof do exist and have been done as required by law. Section 6. For the purposes described in Sections 1, 2, 3 and 4 hereof, there shall be and there are hereby ordered issued General Obligation Various Purpose Bonds, Series 2005, of the City of Blair, Nebraska, in the principal amount of Nine Hundred Forty Thousand Dollars ($940,000) (the "Series 2005 Bonds") with said bonds bearing interest at the rates per annum (said interest to be computed on the basis of a 360-day year consisting of twelve 30-day months) and maturing on October 15 of each year in the principal amounts as follows: Principal Amount Date of MaturitX Rate o~Interest $ 65,000 October 15, 2006 2.90% 75,000 October 15, 2007 3.00 80,000 October 15, 2008 3.15 85,000 October 15, 2009 3:25 85,000 October 15, 2010 3.35 85,000 October 15, 2011 3.45 90,000 October 15, 2012 3.60 90,000 October 15, 2013 3.70 95,000 October 15, 2014 3.80 95,000 October 15, 2015 3.90 20,000 October 15, 2016 4.00 25,000 October 15, 2017 4.10 25,000 October 15, 2018 4.20 25,000 October 15, 2019 4.25 -4- The Series 2005 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the Series 2005 Bonds shall be the date of delivery thereof. Interest on the Series 2005 Bonds, at the respective rates for each maturity, shall be payable semiannually on April 15 and October 15 of each year, commencing April 15, 2006 (each of said dates an "Interest Payment Date") and the Series 2005 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the close of business on the last business day of the month immediately preceding the month in which the Interest Payment Date occurs (the "Record Date"), subject to the provisions of Section 8 hereof. The Series 2005 Bonds shall be numbered from 1 upwards in the order of their issuance. No Series 2005 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the Series 2005 Bonds issued shall be designated by the City's Treasurer as directed by the initial purchaser thereof. Payments of interest due on the Series 2005 Bonds prior to maturity or date of redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 7 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date to the registered owner of each Series 2005 Bond, as of the Record Date for such Interest Payment Date, to such owner's registered address as shown on the books of registration as required to be maintained in Section 7 hereof. Payments of principal and accrued interest thereon due at maturity or at any date fixed for redemption prior to maturity shall be made by said Paying Agent and Registrar to the registered owners upon presentation and surrender of the Series 2005 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any Series 2005 Bond as the absolute owner of such Series 2005 Bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such Series 2005 Bond -5- or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any Series 2005 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the Series 2005 Bonds or claims for interest to the extent of the sum or sums so paid. Section 7. The City Treasurer is hereby designated as the Paying Agent and Registrar for the Series 2005 Bonds. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the Series 2005 Bonds at the City offices. The names and registered addresses of the registered owner or owners of the Series 2005 Bonds shall at all times be recorded in such books. Any Series 2005 Bond maybe transferred pursuant to its provisions at the office of said Paying Agent and Registrar by surrender of such Series 2005 Bond for cancellation, accompanied by a written instrument of transfer, inform satisfactory to said Paying Agent and Registrar, duly executed by the registered owner in person or by such owner's duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner's or owners' risk and expense), registered in the name of such transferee owner or owners, a new Series 2005 Bond or Series 2005 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the Series 2005 Bonds by this Ordinance, one such bond maybe transferred for several such bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such bonds maybe transferred for one or several such bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a Series 2005 Bond, the surrendered Series 2005 Bond or Bonds shall be canceled and destroyed. All Series 2005 Bonds issued upon transfer of the Series 2005 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the Series 2005 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the Series 2005 Bonds upon transfer of which they were -6- delivered. The City and said Paying Agent and Registrar shall not be required to transfer any Series 2005 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any Series 2005 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 8. In the event that payments of interest due on the Series 2005 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the Series 2005 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 9. If the date for payment of the principal of or interest on the Series 2005 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 10. Series 2005 Bonds maturing October 15, 2010, and thereafter shall be subject to redemption, in whole or in part, prior to maturity at any time on or after the fifth anniversary of the date of original issue thereof at par plus accrued interest on the principal amount redeemed to the date fixed for redemption. The City may select the Series 2005 Bonds to be redeemed in its sole discretion but the Series 2005 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Series 2005 Bonds redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series 2005 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 2005 Bond called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail -7- not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such Series 2005 Bond at said owner's registered address. Such notice shall designate the Series 2005 Bond or Series 2005 Bonds to be redeemed by maturity or otherwise, the date of original issue and the .date fixed for redemption and shall state that such Series 2005 Bond or Series 2005 Bonds are to be presented for prepayment at the office of said Paying Agent and Registrar. In case of any Series 2005 Bond partially redeemed, such notice shall specify the portion of the principal amount of such Series 2005 Bond to be redeemed. No defect in the mailing of notice for any Series 2005 Bond shall affect the sufficiency of the proceedings of the City designating the Series 2005 Bonds called for redemption or the effectiveness of such call for Series 2005 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such Series 2005 Bond for which defective notice has been given. Section 1 1. The Series 2005 Bonds shall be in substantially the following form: -8- UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF WASHINGTON GENERAL OBLIGATION VARIOUS PURPOSE BOND OF THE CITY OF BLAIR, NEBRASKA SERIES 2005 No. Interest Rate Maturity Date October 15, Registered Owner: Principal Amount: CUSIP No. Dollars ($ ) KNOW ALL PERSONS BY THESE PRESENTS: That the City of Blair, in the County of Washington, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above, payable semiannually on April 15 and October 15 of each year, commencing April 15, 2006 (each of said dates an "Interest Payment Date"). Said interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months. The principal hereof and unpaid accrued interest thereon due at maturity or upon redemption prior to maturity are payable upon presentation and surrender of this bond at the office of the City Treasurer, the Paying Agent and Registrar, in Blair, Nebraska. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the last business day of the month immediately .preceding the month in which the Interest Payment Date occurs, to such owner's registered address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. For the prompt payment of this bond, principal and interest, as the same become due, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is one of an issue of fully registered bonds of the total principal amount of Nine Hundred Forty Thousand Dollars ($940,000), of even date and like tenor except as to date of maturity, rate of interest and denomination which were issued by the City for the purpose of paying and redeeming the City's General Obligation Various Purpose Bonds, Series 2000, Date of Original Issue -October 17, 2000, bonds maturing October 15, 2006 through October 15, 2015, inclusive, in the outstanding principal amount of $690,000; paying the cost of street improvements in Gap Paving Project No. 182; paying the cost of water improvements in Water Extension District No. 42; and paying the costs of sewer improvements in Sanitary Date of Original Issue 2005 -9- Sewer Extension DistrictNos. 61, 62 and 63, all in strict compliance with Sections 10-142,18-1801,18-1802, 18-2003 and 19-2405, R.R.S. Neb. 1997, as amended. The issuance of said bonds has been authorized by proceedings duly had and an ordinance legally passed, approved and published by the Mayor and Council of said City. Bonds of this issue maturing October 15, 2010 and thereafter are subject to redemption at the option of the City, in whole or in part, at any time on or after the fifth anniversary of the date of original issue thereof, at par plus interest accrued on the principal amount redeemed to the date fixed for redemption. Notice of redemption shall be given by mail to the registered owner of any bond to be redeemed at said registered owner's address in the manner specified in the ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner's attorney duly authorized in writing at the office of the Paying Agent and Registrar upon surrender and cancellation of this bond, and thereupon anew bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the ordinance authorizing said issue of bonds, subject to the limitations therein prescribed. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due hereunder and for all purposes and shall not be affected by any notice to the contrary, whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the City of Blair, Nebraska, is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond and in the issuance of the bonds refunded hereby did exist, did happen and were done and performed in regular and due form and time as required by law and that the indebtedness of said City, including this bond and the bonds refunded hereby, does not exceed any limitation imposed by law. The special assessments levied upon real estate specially benefited by the improvements in said improvement districts are valid liens on the lots and tracts of land upon which they have been or shall be levied and when collected shall be set aside and constitute a sinking fund for the payment of the principal and interest of this bond and the bonds of this issue; the City agrees that it will levy and collect said special assessments and, in addition thereto, will cause to be levied and collected annually a tax by valuation on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to fully pay the principal and interest of this bond and the other bonds of this issue as the same become due. AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINATION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, "DTC"),AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCII'AL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE PAYING AGENT AND REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR -10- ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIl'AL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE PAYING AGENT AND REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE PAYING AGENT AND REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED INREPLACEMENT HEREOF OR SUBSTITUTION HEREOF IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSONS IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNERHEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN. This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Blair, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and by causing the official seal of the City to be imprinted hereon or affixed hereto, all as of the date of original issue specified above. CITY OF BLAIR, NEBRASKA Mayor ATTEST: City Clerk (SEAL) -11- CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is one of the series designated therein and has been registered to the owner named in said bond and the name of such owner has been recorded in the books of record maintained by the undersigned as Paying Agent and Registrar for said issue of bonds. City Treasurer, Paying Agent and Registrar for the City of Blair, Nebraska (Form of Assignment) For value received hereby sells, assigns and transfers unto (Social Security or Taxpayer I.D. No. the within bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Dated: Registered Owner(s) Signature Guaranteed By Authorized Officer(s) Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. -12- Section 12. Each of the Series 2005 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City's seal. The Series 2005 Bonds shall be issued initially as "book-entry-only" bonds under the services of The Depository Trust Company (the "Depository"), with one typewritten bond per maturity being issued to the Depository. In such connection said officers are authorized to execute and deliver a Letter of Representations (the "Letter of Representations") in the form required by the Depository (which may be in the form of a blanket letter, including any such letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the Series 2005 Bonds. With respect to the issuance of the Series 2005 Bonds as "book-entry-only" bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution-for which the Depository holds Series 2005 Bonds as securities depository (each, a "Bond Participant") or to any person who is an actual purchaser of a Series 2005 Bond from a Bond Participant while the Series 2005 Bonds are in book-entry form (each, a "Beneficial Owner") with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the Series 2005 Bonds, (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the Series 2005 Bonds, including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the Series 2005 Bonds. The Paying Agent and Registrar shall make payments with respect to the Series 2005 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such Series 2005 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange Series 2005 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and -13- Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the Series 2005 Bonds or (ii) to make available Series 2005 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such Series 2005 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the Series 2005 Bonds be delivered to the ultimate beneficial owners of the Series 2005 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the Series 2005 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the Series 2005 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Series 2005 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such Series 2005 Bond and all notices with respect to such Series 2005 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the Series 2005 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the Series 2005 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; or (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section. (f) In the event of any partial redemption of a Series 2005 Bond unless and until such partially redeemed bond has been replaced in accordance with the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the Series 2005 Bonds issued to the Depository or its nominee shall contain a legend to such effect. If for any reason the Depository is terminated or resigns and is not replaced, the City shall immediately provide a supply ofprinted bond certificates for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of such certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting -14- Mayor and City Clerk and by imprinting thereon or affixing thereto the City's seal. Incase any officer whose signature or facsimile thereof shall appear on any Series 2005 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of such bond. The Series 2005 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The Series 2005 Bonds shall be delivered to the Paying Agent and Registrar forregistrationand authentication. Upon execution, registration and authentication ofthe Series 2005 Bonds, they shall be delivered to the City Treasurer, who is authorized to deliver them to Ameritas Investment Corp., as initial purchaser thereof, upon receipt of 98.615% of the principal amount of the Series 2005 Bonds plus accrued interest thereon, if any, to date of payment for the Series 2005 Bonds. Such purchaser and its agents, representatives and counsel (including its bond counsel) are hereby authorized to take such actions on behalf of the City as are necessary to effectuate the closing of the issuance and sale of the Series 2005 Bonds, including without limitation, authorizing the release of the Series 2005 Bonds by the Depository at closing. The officers of the City (or any one of them) are hereby authorized to execute and deliver the Bond Purchase Agreement for and on behalf of the City. Said initial purchaser shall have the right to direct the registration. of the Series 2005 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the Series 2005 Bonds which shall be delivered to said purchaser. Section 13. Accrued interest, if any, received from the sale of the Series 2005 Bonds shall be applied to pay interest falling due on October 15, 2005. Expenses of issuance of the Series 2005 Bonds may be paid from the proceeds of the Series 2005 Bonds. Approximately $230,000 from the proceeds of the Series 2005 Bonds, shall be applied to the payment of costs as described in Sections 2, 3 and 4 hereof. The remaining proceeds of the Series 2005 Bonds, together with other available City funds as required for such purpose -15- (collectively, the "Escrow Deposit"), shall be set aside and held and invested in a special trust account which is hereby ordered established. The Fremont National Bank and Trust Company, Fremont, Nebraska, is hereby designated to serve as the escrow agent. ("Escrow Agent"), to have custody and safekeeping of the funds and investments which are to be set aside for the payment of the Refunded Bonds. For purposes of governing such escrow account and the holding and application of such funds and investments, the City shall enter into a contract entitled "Escrow Agreement" with the Escrow Agent. The Mayor, City Clerk or City Treasurer are hereby authorized and directed to execute and deliver on behalf of the City said Escrow Agreement, including necessary counterparts, in substantially the form and content as presented to the meeting at which this Ordinance is adopted, but with such changes and modifications therein as to them seem necessary, desirable, or appropriate for and on behalf of the City. Said Mayor and City Clerk or City Treasurer are further authorized to approve the investments provided for in said Escrow Agreement, and to make any necessary subscriptions for United States Treasury Securities, State and Local Government Series, or to contract for the purchase of securities in the open market. Said proceeds shall be invested in obligations of the United States Government, direct or guaranteed, including United States Treasury Securities, State and Local Government Series. To the extent that such proceeds are held in a bank depository account, such deposits shall be insured by insurance of the Federal Deposit Insurance Corporation or, to the extent not fully insured, fully collateralized in the same manner as is required for deposit of public funds. Any investment from the proceeds of the Series 2005 Bonds herein authorized shall mature at such times as are required to pay principal of and interest on the Refunded Bonds and in any event not later than October 15, 2005. As provided in said Escrow Agreement, the Escrow Deposit and investment earnings thereon shall be applied to the payment of the principal of and interest on the Refunded Bonds as called for redemption on the Redemption Date. The Mayor and Council hereby covenant and agree to take all steps necessary and appropriate to provide for the payment, calling and redemption of the Refunded Bonds on the Redemption Date. The Mayor and Council further agree that the City will make no investment of any of the investment proceeds receivable by the City under the Escrow Agreement which would cause the total amount of such -16- proceeds receivable to exceed an amount equal to 1% of the net sale proceeds of the Series 2005 Bonds which are actually issued and delivered pursuant to the terms of this Ordinance. Section 14. The special assessments levied and to be levied as described in Sections 2, 3 and 4 of this Ordinance and the interest on said assessments shall constitute a sinking fund for the payment of the principal of and interest on the Series 2005 Bonds. The holders of the Series 2005 Bonds shall, to the extent proceeds of the Series 2005 Bonds are allocated to payment of the Refunded Bonds, be subrogated to all rights of the holders of the Refunded Bonds including the right to have special assessments set aside as a sinking fund for the payment of principal thereof and interest thereon, from and after their payment and redemption on the Redemption Date. The City agrees that it will levy and collect said special assessments and, in addition thereto, shall cause to be levied and collected annually a special levy of taxes on all the taxable property in the City, in addition to all other taxes, sufficient in rate and amount to make up the deficiency between the amounts collected on said special assessments and the amount required to fully pay the principal of and interest on the Series 2005 Bonds when and as such principal and interest become due. Section 15. The City hereby covenants to the purchasers and holders of the Series 2005 Bonds hereby authorized that it will make no use of the proceeds of said bond issue, including monies held in any sinking fund for the Series 2005 Bonds, which would cause the Series 2005 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said bond issue. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax exempt status (as to taxpayers generally) of interest payable on the Series 2005 Bonds. The City hereby designates the Series 2005 Bonds as its "qualified tax-exempt obligations" pursuant to Section 265(b)(3)(B)(i)(III) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-exempt interest bearing obligations aggregating in principal amount more than $10,000,000 during calendar year 2005. -17- Section 16. The City's obligations under this Ordinance with respect to any or all of the Series 2005 Bonds herein authorized shall be fully discharged and satisfied as to any or all of such Series 2005 Bonds and any such Series 2005 Bond shall no longer be deemed to be outstanding hereunder if such Series 2005 Bond has been purchased by the City and canceled or when the payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof or (b) shall have been provided for by depositing with a national or state bank having trust powers, or trust company, in trust, solely for -such payment (i) sufficient money to make such payment and/or (ii) direct general obligations (including obligations issued or held in book entry form on the books of the Department of Treasury of the United States of America) of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (herein referred to as "U.S. Government Obligations") in such amount and bearing interest payable and maturing or redeemable at stated fixed prices at the option of the holder as to principal, at such time or times, as will ensure the availability of sufficient money to make such payment; provided, however, that with respect to any Series 2005 Bond to be paid prior to maturity, the City shall have duly called such bond for redemption and given notice of such redemption as provided by law or made irrevocable provision for the giving of such notice. Any money so deposited with a bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of such bank or trust company in excess of the amount required to pay principal of and interest on the Series 2005 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. Section 17. In accordance with the requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission, the City hereby agrees that it will provide the fallowing continuing disclosure information: -18- (I) to Ameritas Investment Corp. (the "Underwriter") and any person making request at least annually or in the alternative to any state information depository ("SID") for the State of Nebraska (no such SID currently exists or is presently expected to exist based upon any current pending legislation), the following financial information or operating data regarding the City: financial information and operating data which is customarily prepared by the City and publicly available, including the City's most recently prepared audited financial statements which shall be provided for governmental fund types using the modified accrual basis of accounting and for proprietary and fiduciary funds using the accrual basis. (II) in a timely manner to the Underwriter, to the Municipal Securities Rulemaking Board (the "MSRB"), to the SID (if any) and to any nationally recognized municipal securities information repository for which the Underwriter makes request, notice of the occurrence of any of the following events with respect to the Series 2005 Bonds, if in the judgment of the City, such event is material: (1) principal and interest payment delinquencies, (2) non-payment related defaults, (3) unscheduled draws on debt service reserves reflecting financial difficulties, (4) unscheduled draws on credit enhancements reflecting financial difficulties, (5) substitution of credit or liquidity providers, or their failure to perform, (6) adverse tax opinions or events affecting the tax-exempt status of the Series 2005 Bonds, (7) modifications to rights of the bondholders, (8) bond calls, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Series 2005 Bonds, and (11) rating changes. The City has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. The City reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the -19- City, consistent with the Rule. The City hereby designates the City Administrator as the contact person for requesting information in accordance with this Section 17. The City hereby agrees that such covenants are for the benefit of the registered owners of the Series 2005 Bonds (including Beneficial Owners) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under this Ordinance. The continuing disclosure obligations of the City under this Ordinance, as described above, shall cease when none of the Series 2005 Bonds remain outstanding. Section 18. The Preliminary Official Statement for the Series 2005 Bonds is hereby approved and the Mayor and City Clerk are hereby authorized to approve on behalf of the City a final Official Statement with any. changes deemed appropriate by them. Section 19. This Ordinance shall be in force and take effect from and after its passage and publication in pamphlet form as provided by law. PASSED AND APPROVED this 14 day of June 2005. L'~~ GNU/~~;c~ City Clerk (SEAL) Brenda Wheeler Mayor -- James Realph -20- ti ORDINANCE NO. 203 5 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE REZONING LOT 1 AND LOT 2 OF SKOBO ACRES AND TAX LOT 216 1N SECTION 12, TOWNSHIP 18, RANGE 11, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM A/ML - AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT TO OPD -OFFICE PARK DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of real estate in Washington County, Nebraska from A/ML - Agricultural/Light Industrial and Manufacturing Distract to OPD -Office Park District. See Exhibit "A" attached thereto and duly included herein by reference. SECTION 2. Be if further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 14th day of June, 2005. CITY OF BLAIR, NEBRASKA g ..~_.. ~ ~. _ __ __ ..._ _._ . JA E. REALPH, MAYOR ATTE BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) 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 foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of June, 2005. ~i BRENDA R. WHEELER, CITY CLERK ORDINANCE NO. 2036 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE REZONING THE WEST 2.0005 ACRES OF LOT 3 OF SKOBO ACRES, A SUBDIVISION LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 18 NORTH, RANGE 11 EAST OF THE 6TH P.M., CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA FROM A/ML -AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT TO OPD -OFFICE PARK DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of real estate in Washington County, Nebraska from A/ML - Agricultural/Light Industrial and Manufacturing Distract to OPD -Office Park District. See Exhibit "A" attached thereto and duly included herein by reference. SECTION 2. Be if further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 14th day of June, 2005. CITY OF BLAIR, NEBRASKA BYE JAA E E. REALPH, MAYOR ATTE T: NDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) 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 foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of June, 2005. BRE DA R. WHEELER, CITY CLERK ORDINANCE NO.2037 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING SECTION 705.04 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, TO ALLOW PARKING LOTS IN RMH (MULTI- FAMILY RESIDENTIAL HIGH DENSITY DISTRICT); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 705.04 of the Zoning Regulations for the City of Blair, Nebraska is hereby amended to add the following provision, to wit: 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, with or without columbarium; (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; -1- (10) Professional offices; (11) Mortuaries, funeral homes and funeral chapels; (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) Multiple family dwellings with greater than forty-eight (48) living units; (15) Parking lots. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 14th day of June, 2005. z-`._ JAM S E. ALPH, MAYO ., ATTEST: ,~ BRENDA R. WHEELER, CITY CLERK (SEAL) -2- 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of June, 2005. B A R. WHEELER, CITY CLERK -3- ORDINANCE NO. 2038 AN ORDINANCE PERTAINING TO THE REGULATION OF THE SALE, DISCHARGE, AND POSSESSION OF FIREWORKS IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Section 7, Article 4 of the Municipal Code of the City of Blair, Nebraska is as follows: "Section 7-402 DAYS AND HOURS OF SALE DISCHARGE, AND POSSESSION. It shall be unlawful for any person within the City of Blair to offer for sale, discharge, ignite, use, explode or set off any permitted fireworks as set forth in Sec. 7-401 at any time except between the hours of 8:00 o'clock a.m. and 10:00 o' clock p.m. between June 24~' and July 5~', inclusive, of each year, except any public display that maybe approved by the City from time to time. It shall be unlawful for any person within the City to have in his/her possession any fireworks which are prohibited from being sold, used, or discharged by the provisions of this Section or the previous Section. If any person shall have in his possession any fireworks which are prohibited from being sold, a warrant may be issued for the seizure of the fireworks, the same shall be safely kept by the Chief of Police to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender shall be discharged, the fireworks shall be returned to the person in whose possession they were found. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 14TH day of JUNE, 2005. CITY OF BLAIR, NEBRASKA B J S E. REALPH, MAYOR ATTEST: ~, `CJ 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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 14th day of June, 2005. ~~ ~ a BRENDA R. WHEELER, CITY CLERK ORDINANCE N0.2039 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, CREATING SIDEWALK IMPROVEMENT DISTRICTS NOS. 2005-1, 2005-2 AND 2005-3 WITHIN THE CITY OF BLAIR; DEFINING THE SIDEWALKS TO BE CONSTRUCTED AND THE BOUNDARIES OF SAID DISTRICTS AND PROPERTIES CONTAINED THEREIN; PROVIDING FOR THE CONSTRUCTION OF IlVIPROVEMENTS THEREIN CONSISTING OF SIDEWALKS AND OTHER NECESSARY AND APPURTENANT IMPROVEMENTS; AND PROVIDING FOR PUBLICATION OF 'TILE ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and City Council of the City of Blair, Washington County, Nebraska, hereby fmd and determine that it is necessary and advisable to provide for the construction and improvement of certain sidewalks within the City in accordance with the provisions of Sections 19-2417, 19-2418 and 19- 2419, R.R.S. Neb. 1997, and for such purposes to create certain sidewalk improvement districts as described in this ordinance. Section 2. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-1, the outer boundaries of which shall contain the property described as follows: Beginning at a point on the west boundary line of Twenty-Fourth Street at the north/south mid point line of the east line of Block 18, Dexter's Addition; thence east through the north south center line of Blocks 15, 16, and 17, Dexter's Second Addition and through the north/south center line of Larson Fourth Addition and the north/south center line of Lot 2, Block 14, Neff's Second Addition to a point on the west line of Twentieth Street; thence north along the west line of Twentieth Street to the northeast corner of the intersection of Wright Street and Twentieth Street; thence east on the north line of Wright Street and due east across Nineteenth Street to a point on the east line of Nineteenth Street; thence south/southeast along the east line of Nineteenth Street to the northwest corner of Block 19, Dexter's Second Addition; thence east on the north line of said Block 19, Dexter's Addition, to the east/west mid point of said north line of said Block; thence south to the center point of Block 19, Dexter's Second Addition; thence east along the north/south center line of Block 19, Dexter's Second Addition due east across Eighteenth Street to the northeast corner of Tax lot 357; thence due north to a point on the west line of the Chicago Northwestern Railroad right-of--way; thence due east across the Chicago Northwestern Railroad right-of--way; east along the north line of Tax Lot 330 and due east across Seventeenth Street to the northwest corner of Block 94, Fifth Addition to the City of Blair; thence south along the west line of Block 94, to the north/south center line of said Block; thence east through the center line of Blocks 94 and 93, Fifth Addition, and due east across Fourteenth Street to a point on the east line of Fourteenth Street at the north/south center point of the west line of Block 92, Fifth Addition; thence south to the northeast corner of the intersection of Fourteenth Street and Park Street; thence east to the northwest corner of the intersection of Thirteenth Street and Park Street; thence north to the north south mid point on the east line of Block 92, Fifth Addition; thence due east across Thirteenth Street and through the north/south center line of Blocks 91,90 and 89, Fifth Addition; thence due east across Tenth Street to a point on the east line of Tenth Street; thence south along the east line of Tenth Street to the northeast corner of the intersection of Tenth Street and Iowa Street; thence east along the north line of Iowa Street to the point where said north line intersects with the right-of--way of the Chicago Northwestern Railroad; thence south southeast to the southeast corner of the intersection of Fourth Street and new U.S. Highway 30; thence south along the east line of Fourth Street and due South across Grant Street to a point on the south line of Grant Street; thence west along the south line of Grant Street to the northeast corner of Tax Lot 199; thence south southeast along the east lines of Tax Lot 199 and Tax Lot 198 to the east line of Tax Lot 198; thence south along the east line of Tax Lot 198 to the southeast corner of Tax Lot 198; thence west along the south line of Tax Lot 198 to the intersection of the east line of the Chicago and Northwestern Railroad right-of--way and the south line of Tax Lot 198; thence due north to a point on the south line of Grant Street; thence west along the south line of Grant Street to the southeast corner of the intersection of Grant Street and Ninth Street; thence due south to a point on the east line of the Chicago Northwestern Railroad right-of--way; thence south/southeast along the east line of the Chicago Northwestern Railroad right-of--way to the intersection of the Chicago Northwestern Railroad right-of--way and the southwest corner of Tax lot 198; thence due west across the Chicago Northwestern Railroad right-of--way to a point on the west line of the Chicago Northwestern Railroad right-of--way; thence south/southeast along the west line of Chicago Northwestern Railroad right-of--way to the northeast corner of Tax Lot 175; thence west along the north line of Tax Lot 175 to the northwest corner of Tax Lot 175; thence south along the west lines of Tax Lot 175, Tax Lot 22, and Tax Lot 225, and due south across U.S. Highway 75/Calhoun Boulevard to a point on the south line of U.S. Highway 751Calhoun Boulevard; thence north/northwest along the west line of U.S. Highway 75 to the southeast corner Block 111, Eighth Addition; thence west along the south lines of Block 111, Eighth Addition, Horbach's Addition, due west across Sixteenth Street, west along the south line of Hugley's Addition and Block 112, Eighth Addition, due west across Seventeenth Street and along the south line of Beaty's Addition and Block 113, Ninth Addition; thence north along the west line of Block 113, Ninth Addition to the southwest corner of Lot 113, Ninth Addition, to the southeast corner of Rhoade's Park; thence due west along the south line of Rhoade's Park due west across U.S. Highway 30 and west along the south line of Davis Avenue to the southwest intersection of Davis Avenue and Twenty-First Street; thence due north across Davis Avenue and north along the east line Block 2, McMenemy's Second Addition to the northwest corner of South Street and Twenty-First Street; thence north across South Street and continuing north along the west line of Twenty-First Street (also the east line of Block 2, T.M. Carter's Addition), to the northeast corner of Block 2 of T.M. Carter's Addition, thence west along the north line of said Block 2 to its intersection with the extended west line of Twenty-First Street, thence due north across Colfax Street and continuing north along the west line of Twenty-First Street one Block north to Grant Street, thence due north across Grant Street to a point on the south line of Block 101, Original Town ,thence east along the south line of Block 101, Original Town, to the northwest corner of the intersection of Twenty-first Street and Grant Street; thence north along the west line of Twenty-First Street to the southwest corner of the intersection of Washington Street and Twenty-first Street; thence west along the south line of Washington Street to the southwest corner of the intersection of Washington Street and Fontanelle Boulevard; thence north/northwest along the west line of Fontanelle Boulevard to a point on the west line of Fontanelle Boulevard which is due south of the east line of Tax Lot 247; thence due north across Fontanelle Boulevard and along the east line of Tax Lot 247 and across the Chicago Northwestern Railroad right-of--way to a point on the north line of the Chicago Northwestern Railroad right-of--way; thence east along the north line of the Chicago Northwestern Railroad right-of--way to the southeast corner of Lot 2, Block 6, Dexter's Addition; thence north along the east line of said Lot 2, Block 6, to the southwest corner of the intersection of Twenty-Fourth Street and Nebraska Street; thence north along the west line of Twenty-Fourth Street to the point of the beginning. 2 The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 3. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-2, the outer boundaries of which shall contain the property described as follows: All of the area inside the corporate limits of the City of Blair north of U.S. Highway 30 from the Missouri River to the intersection of State Highway 91, and north of State Highway 91 from it's intersection with U.S. Highway 30 to the west City of Blair corporate limits, excluding the area within Sidewalk Improvement District No. 2005-1 (such outer boundaries also being described as that area within the corporate limits of the City of Blair, excluding the area within Sidewalk Improvement District No. 2005-1, on the north side of a line demarcated by U.S. Highway 30 running west from the Missouri River to its intersection with State Highway 91 and then continuing west along State Highway 91 to the corporate limits of the City of Blair). The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 4. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-3, the outer boundaries of which shall contain the property described as follows: All of the area inside the corporate limits of the City of Blair south of U.S. Highway 30 from the Missouri River to the intersection of State Highway 91, and south of State Highway 91 from it's intersection with U.S. Highway 30 to the west City of Blair corporate limits, excluding the area within Sidewalk Improvement District No. 2005-1 (such outer boundaries also being described as that area within the corporate limits of the City of Blair, excluding the area within Sidewalk Improvement District No. 2005-1, on the south side of a line demarcated by U.S. Highway 30 running west from the Missouri River to its intersection with State Highway 91 and then continuing west along State Highway 91 to the corporate limits of the City of Blair). The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 5. All of said improvements shall be constructed to the established grades and for the established width as fixed by ordinances of the City of Seward, and shall be constructed in accordance with plans, specifications and estimates of cost to be made by the City's engineers and to be approved by the Mayor and Ciry Council. The improvements shall be made at public cost but special assessments shall be made against benefited property to the extent provided by law. Section 6. The Mayor and Council hereby declare their intent to provide for the permanent fmancing of such improvements through the issuance of bonds of the Ciry in accordance with the provisions of Section 19-2419, R.R.S. Neb. 1997, and in an amount sufficient to cover contracting, engineering and fmancing costs for such improvements as subsequently determined by the Mayor and Council. Section 7. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. law. Section 8. This Ordinance shall be published in accordance with law and take effect as provided by PASSED AND APPROVED THIS 28TH DAY OF JUNE, 2005. J REALPH, MAYOR `~ ATTEST: BRENDA 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 10~' day of May, 2005. BRENDA R. WHEELER, CITY CLERK 4 A ORDINANCE NO.2040 AN ORDINANCE VACATING REAL ESTATE KNOWN AS THE SOUTHERLY 15.00 FEET OF JACKSON STREET LYING ADJACENT TO LOTS 1 AND 2, BLOCK 89 FIFTH ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The below described real estate located in the City of Blair, Washington County, Nebraska, (See Exhibit "A" attached hereto and incorporated herein by reference) is hereby vacated and the ownership of the same, pursuant to Neb. Rev. Stat. § 16-611, shall revert to the owners of the adjacent real estate, one-half on each side thereof. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. PASSED AND APPROVED this 26th day of July, 2005. CITY OF BLAIR, NEBRASKA JA S . REALPH, MAYOR ATTEST: ~~ 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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 26th day of July, 2005 BRENDA R. WHEELER, CITY CLERK a&~) p`+~ m m ~° ~ a~i ~ ° o ° « ?' _~ ~ c Z'i - r m c o ~O Z ~ N N O W O~ C H N Qw.o c E °3 ~mrn~~m~m No °~' ii E to 'v 'v m m f0 C 7 O cp ~ m m f0 ~ vyl U O O N W~ C V W C JC W C W Zy 0 O ~ m ~[ O ,~ „~i m W '.. O Cl ~~ N O ~~ ~y ~ Y m m N W~ ~7 pV~ C m ~ _ N 7j ~Q ~ p- oO Vmm 1y ~0 fn m J N O .~ N C~ C Q H C o 2 O W W O t1 U p p ° N J ~ m L` ~M m O ~ O1 .-. p~ eUFl U N O C° N l0 N~ m C t C -~ m U o p_ '^ m m m t r p« m N U~ N 0 3 C~ p C Cf ~ H y O f0 J m« W O W N m ... O y L ~~ O p~O N.~^m m m ° :~ a U o m U c in m« rn o °'D Zy c o~~oc~ e-Q ~L~°D~'3 ~ m oe o mne- ~. 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O , w s~ ( ~ ~~ Y O OL 3 £5 10 00 (d),OS U ,. . 0 N ~00'S9 Q o ` z c „ ca ~~ t0 (.~f v.+ o ~ e !- ~- ~' °c ~ al o (d)~OS v °m F W w w F~.~ Z KI ~ a ~ 2 ~+1 W Z J W W U ~ llLOJII ~ a ~ m m ° ~ mew p > m '=o Y O m ~ N N N a >~g~ YI C ' m d A ~ ~ ~ ry O N Y S ~ d + „ ~ N ~ G ~, X _ 01 Y ~ N zvW _-coo o. d 'y m o~. 07 p m ` 1° D O •a~ ~ a ~ U ~ o ~ a ~ m m t U U `m a '" c ~ ., m ~ w m ~ ~ `o rD To a. c _ r O ~ C O) ? ~ W ~ ~ n m UB~~ =~ `~ - o ` m m U Y p F F~ L°~ ~ . o m e ~ ~ ~~° c a c ~ >~ m > ~ ~ ~ ~ cZ c w U « ~' t- ~ W N m .~ p ' ~ C~ U Wt o r ~ ~ ~ _ o y ~ m ~ tlf U a w ~ m x U ~ Q. +°'l~ `a~-i u A a ug' 6 ~ ° t~ ~ LL Z d U LL ~ ~ V E d' E ~ y ~m a ~~ ~ q N YN K y n '° ~ U ~ E~ Y a '° d ~ ~ Ep v CL ~J' ~ a 5 o U C,~' es^~~ al, t ~I .^-1 !L') ORDINANCE NO. 2041 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING THE CITY OF BLAIR MUNICIPAL CODE SECTION 10- 103 CLASSES OF PERSONS TO WHOM NO LICENSE ISSUED; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL BE 1N FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That the Amendment to Section 10-103 Classes of Persons to Whom No License Issued is hereby adopted as follows: Sec. 10-103 CLASSES OF PERSONS TO WHOM NO LICENSE ISSUED No license of any kind shall be issued to: 1. A person who is not a resident of the state in which the premises covered by the license is located, except in case of railroad, airline, or boat licenses. 2. A person who is not of good character and reputation in the community in which he or she resides. 3. A person who is not a citizen of the United States. 4. A person who has been convicted of or has pleaded guilty to a felony under the laws of the State of Nebraska, any other state, or of the United States. 5. A person who has been convicted of or has pleaded guilty to any Class I misdemeanor pursuant to chapter 28, articles 3, 4, 7, 8 11, or 12, R.R.S. Neb. 1943, or any similar offense under a prior criminal statute or in another state. 6. A person whose license issued under the Nebraska Liquor Control Act has been revoked for cause. 7. A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application, 8. A co-partnership, unless one of the copartners is a resident of the county in which the premises covered by the license is located and unless all the members of such co-partnership shall otherwise be qualified to obtain a license. 9. A corporation, if any officer, manager or director thereof, or any stockholder, owning in the aggregate more than twenty-five percent of the stock of such corporation would be ineligible to receive a license hereunder for any reason other than citizenship and residence within the governmental subdivision, except that the provisions of this subdivision shall not apply to railroad licenses. 10. A person whose place of business conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee. 11. A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued, but if because of a change in the renewal period provided for in Section 53-124 .~ R.R.S. Neb., the lease is for less than the full period for which the license is to be issued, the license shall be issued and a new lease covering the remainder of the license period must be filed with the Nebraska Liquor Control commission prior to expiration of the original lease or the license shall be canceled or revoked by said commission on ten days written notice to licensee. 12. Except as provided in this section, an applicant whose spouse is ineligible under this section to receive and hold a liquor license. Such person shall become eligible for a liquor license only if the Nebraska Liquor Control Commission finds from the evidence that the public interest will not be infringed upon if such license is granted. It shall be prima facie evidence that when a spouse is ineligible to receive a liquor license the applicant is also ineligible to receive a liquor license. Such prima facie evidence shall be overcome if the following is shown to the satisfaction of the Nebraska Liquor Control Commission: (a) that the licensed business will be the sole property of the applicant, and (b) it appears from the evidence that such licensed premises will be properly operated. 13. A person whose premises, for which a license is sought, do not meet standards for fire safety as established by the State Fire Marshal. 14. A law enforcement officer, except that this subdivision shall not prohibit a law enforcement officer from holding membership in any nonprofit organization holding a liquor license or from participating in any manner in the management or administration of a nonprofit organization. 15. A person less than twenty-one years of age, or (16) a person having a beneficial interest in a total of two alcoholic beverage retail licenses, except as provided in sections 53-124.02 to 53-124.09 R.R.S. Neb. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 26th day of July, 2005. CITY OF BLAIR, NEBRASKA ~,~ B `~ J ME E. REALPH, MAYOR ATTEST: -, ~, ~:. ~,~, "~/ ' ~e it ~ ~ d ~ ~~~ ~ BRENDA R. WHEELER, City Clerk (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 26th day of July, 2005. ~'~ `~~~ Z BRENDA R. WHEELER, CITY CLERK. .;~ ~ E r t~ ra ~~ }`~~! -~}S~S ~ GG5 G ~ 5a ~ ~ ~ ,~ ~_ 5 ~ ~..., ....E Elu l ~~,E~, f~€t ~ ~. Eli F: ~IEI;OR}3 ~ ~~ i~" ~ ~. ? AT iL~=~u ~'l~~aK ~- ~~ ~ ~~ E~I~~pED IN i;QQlC ~~E ~ 57w °~~~ cITY OF BLAIR, NEBRASKA ' ~~~ ~`~ ~' ~~~ ~ ~~~~~ ORDINANCE N0.2042 ~ r k -' L ~ "`T ~ ~ ~ - ~ ~ , t ~+ AN ORDINANCE OF THE CITY OF BLAIR, NEBRASKA, CREATING SIDEWALK IMPROVEMENT DISTRICTS NOS. 2005-1, 2005-2 AND 2005-3 WITHIN THE CITY OF BLAIR; DEFINING THE SIDEWALKS TO BE CONSTRUCTED AND THE BOUNDARIES OF SAID DISTRICTS AND PROPERTIES CONTAINED THEREIN; PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN CONSISTING OF SIDEWALKS AND OTHER NECESSARY AND APPURTENANT IMPROVEMENTS; CORRECTING PREVIOUS LEGAL DESCRIPTIONS AND PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2039; AND PROVIDING FOR PUBLICATION OF THE ORDINANCE. BE TT ORDAINED BY THE MAYOR AND COUNCIL, OF THE CITY OF BLAIR, NEBRASKA: Section 1. The Mayor and City Council of the City of Blair, Washington County, Nebraska, hereby fmd and determine that it is necessary and advisable to provide for the construction and improvement of certain sidewalks within the City in accordance with the provisions of Sections 19-2417, 19-2418 and 19-2419, R.R.S. Neb. 1997, and for such purposes to create certain sidewalk improvement districts as described in this ordinance. Section 2. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-1, the outer boundaries of which shall contain the property described as follows: The Redevelopments area #1 of the City of Blair, Nebraska, shall be described as follows: Beginning at a point on the west boundary line of Twenty-Fourth Street at the north/south mid point line of the east line of Block 18, Dexter's 1st Addition; thence east through the north/south center line of Blocks 15, 16, and 17, Dexter's Second Addition and through the north/south center line of Larson Fourth Addition and the north/south center line of Lot 2, Block 14, Dexter's Second Addition to a point on the west line of Twentieth Avenue; thence north along the west line of Twentieth Avenue to the northeast corner of the intersection of Wright Street and Twentieth Avenue; thence east on the north line of Wright Street and due east across Nineteenth Street to a point on the east line of Nineteenth Street; thence south/southeast along the east line of Nineteenth Street to the northwest corner of Block 19, Dexter's Second Addition; thence east on the north line of said Block 19, Dexter's Addition, to the eastlwest mid point of said north line of said Block; thence south to the center point of Block 19, Dexter's Second Addition; thence east along the north south center line of Block 19, Dexter's Second Addition due east across Eighteenth Street to the northeast corner of Tax lot 357; thence due north to a point on the west line of the abandoned Chicago & Northwestern Railroad right- of-way; thence due east across the abandoned Chicago & Northwestern Railroad right-of--way; east along the north line of Tax Lot 330 and due east across Sixteenth Street to the northwest corner of Block 94, Fifth Addition to the City of Blair; thence south along the west line of Block 94, to the north/south center line of said Block; thence east through the center line of Blocks 94 and 93, Fifth Addition, and due east across Fourteenth Street to a point on the east line of Fourteenth Street at the north/south center point of the west line of Block 92, Fifth Addition; thence south to the northeast corner of the intersection of Fourteenth Street and Park ~~~~d~ acil~C~r ~~i ~hotestat ~--- .~-- ~, ~ Street; thence east to the northwest corner of the intersection of Thirteenth Street and Park Street; thence north to the north/south mid point on the east line of Block 92, Fifth Addition; thence due east across Thirteenth Street and through the north/south center line of Blocks 91,90 and 89, Fifth Addition; thence due east across Tenth Street to a point on the east line of Tenth Street; thence south along the east line of Tenth Street to the northeast corner of the intersection of Tenth Street and Iowa Street; thence east along the north line of Iowa Street and the easterly extension of said north right-of--way line of Iowa Street to the point where said extended north line intersects with the north right-of--way of the Union Pacific Railroad; thence south/southeast to the southeast corner of the intersection of Fourth Street and new U.S. Highway 30; thence south along the east line of Fourth Street and due South across Grant Street to a point on the south line of Grant Street; thence west along the south line of Grant Street to the northwest corner of Lot 3 of Skobo Acres, an official plat in Blair, Washington County, Nebraska; thence south along the west line of said Lot 3 to the southeast corner of said Lot 3; thence southeasterly along the south line of said Lot 3 to a point on the west lot line of Tax Lot number 229 of Section 7, Township 18 North, Range 12 East of the 6`~ P.M., this point also being the northeast lot corner of Tax Lot number 234 of Section 12, Town ship 18 North, Range 11 East of the 6~' P.M.; thence south along the east lot line of said tax lot to the southeast lot corner of said Tax Lot number 234; thence westerly along the south lot line of said Tax Lot number 234 to the intersection of the extended east lot line of Lot 1 of said Skobo Acres; thence northerly along the extended east lot line of Lot 1 of said Skobo Acres to the southeast corner of Lot 1 of said Skobo Acres; thence northerly along the east lot line of Lot 1 of said Skobo Acres to the northeast lot corner of Lot 1 of said Skobo Acres, this point also being on the south righjt-of--way line of Grant Street; thence westerly along the south right-of--way line of Grant Street to the northwest lot corner of Tax Lot 216 of said Section 12; thence southerly along the west lot line of said Tax lot 216 to the southwest corner of said Tax Lot 216; thence southerly along the extended west line of said Tax Lot 216 to the intersection of the east line of the abandoned Chicago and Northwestern Railroad right-of--way; thence south/southeast along the east line of the abandoned Chicago & Northwestern Railroad right-of--way to the intersection of the Chicago Northwestern Railroad right-of--way and the southwest corner of Tax lot 234 of said Section 12; thence due west across the abandoned Chicago & Northwestern Railroad right-of--way to a point on the west line of the abandoned Chicago & Northwestern Railroad right- of-way; thence south southeast along the west line of the abandoned Chicago & Northwestern Railroad right-of--way to the southeast corner of Tax Lot 176; thence west along the south line of Tax Lot 176 to the southwest corner of Tax Lot 176; thence south along the west lines of Tax Lots 176, 251, 250, 226, and 225, and due south across U.S. Highway 75/Calhoun Boulevard to a point on the south line of U.S. Highway 75/Calhoun Boulevard; thence north/northwest along the west line of U.S. Highway 75 to the southeast corner Block 111, Eighth Addition; thence west along the south lines of Block 111, Eighth Addition, Horbach's Addition, due west across Sixteenth Street, west along the south line of Hugley's Addition and Block 112, Eighth Addition, due west across Seventeenth Street and along the south line of Beaty's Addition and Block 113, Ninth Addition; thence north along the west line of Block 113, Ninth Addition to the southwest corner of Lot 113, Ninth Addition, to the southeast corner of Rhoade's Park; thence due west along the south line of Rhoade's Park due west across U.S. Highway 30 and west along the south line of Davis Drive to the southwest intersection of Davis Drive and Twenty-First Street; thence due north across Davis Drive and north along the east line Block 2, McMenemy's Second Addition to the northwest corner of South Street and Twenty-First Street; thence north across South Street and continuing north along the west line of Twenty-First Street (also the east line of Block 2, T.M. Carter's Addition), to the northeast corner of Block 2 of T.M. Carter's Addition, thence west along the north line of said Block 2 to its intersection with the extended west line of Twenty-First Street, thence due north across Colfax Street and continuing north along the west line of Twenty-First Street one Block north to Grant Street, thence due north across Grant Street to a point on the south line of Block 101, Original Town ,thence east along the south line of Block 101, Original Town, to the northwest corner of the intersection of Twenty-first Street and Grant Street; thence north along the west line of Twenty-First Street to the southwest corner of the intersection of Washington Street and Twenty-first Street; thence west along the south line of Washington Street to the southwest corner of the intersection of Washington Street and Fontanelle Boulevard; thence north/northwest along the west line of Fontanelle Boulevard to a point on the west line of Fontanelle Boulevard which is due south of the east line of Lots 1,2 & 4 of Bruntons 2nd Addition, and official plat in Blair, Washington County, Nebraska; thence due north across Fontanelle Boulevard and along the east line of Lots 1,2 & 4 of said Bruntons 2nd Addition and across the Union Pacific Railroad right-of--way to a point on the north line of the Union Pacific Railroad right-of--way; thence east along the north line of the Union Pacific Railroad right-of--way to the southeast corner of Lot 2, of Larson's Addition, an official plat in Blair, Washington County, Nebraska; thence north along the east line of said Lot 2, Block 6, to the southwest corner of the intersection of Twenty-Fourth Street and Nebraska Street; thence north along the west line of Twenty-Fourth Street to the point of the beginning. The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 3. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-2, the outer boundaries of which shall contain the properly described as follows: All of the area inside the corporate limits of the City of Blair north of U.S. Highway 30 from the Missouri River to the intersection of State Highway 91, and north of State Highway 91 from it's intersection with U.S. Highway 30 to the west City of Blair corporate limits, excluding the area within Sidewalk Improvement District No. 2005-1 (such outer boundaries also being described as that area within the corporate limits of the City of Blair, excluding the area within Sidewalk Improvement District No. 2005-1, on the north side of a line demarcated by U.S. Highway 30 running west from the Missouri River to its intersection with State Highway 91 and then continuing west along State Highway 91 to the west corporate limits of the City of Blair). t y,, ~-, ~' The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 4. There is hereby created within the City of Blair, Nebraska, a sidewalk improvement district to be known and designated as Sidewalk Improvement District No. 2005-3, the outer boundaries of which shall contain the properly described as follows: All of the area inside the corporate limits of the City of Blair south of U.S. Highway 30 from the Missouri River to the intersection of State Highway 91, and south of State Highway 91 from it's intersection with U.S. Highway 30 to the west City of Blair corporate limits, excluding the area within Sidewalk Improvement District No. 2005-1 (such outer boundaries also being described as that area within the corporate limits of the City of Blair, excluding the area within Sidewallc Improvement District No. 2005-1, on the south side of a line demarcated by U.S. Highway 30 running west from the Missouri River to its intersection with State Highway 91 and then continuing west along State Highway 91 to the west corporate limits of the City of Blair). The construction, replacement, repair or other improvement of sidewalks within said District shall include, where necessary, (i) the replacement of sidewalks to meet City standards, (ii) construction of new sidewalks where there are gaps in existing sidewalks, (iii) construction of new sidewalks for access to areas of public use and (iv) construction of sidewalks in areas where no sidewalks exist. Within said District the sidewalks shall be improved by paving and other necessary and appurtenant improvements constructed in accordance with the City's building requirements applicable to sidewalk construction. Section 5. All of said improvements shall be constructed to the established grades and for the established width as fixed by ordinances of the City of Blair and shall be constructed in accordance with plans, specifications and estimates of cost to be made by the City's engineers and to be approved by the Mayor and City Council. The improvements shall be made at public cost but special assessments shall be made against benefited property to the extent provided by law. Section 6. The Mayor and Council hereby declare their intent to provide for the permanent financing of such improvements through the issuance of bonds of the City in accordance with the provisions of Section 19-2419, R.R.S. Neb. 1997, and in an amount sufficient to cover contracting, engineering and financing costs for such improvements as subsequently determined by the Mayor and Council. Section 7. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. Section 8. This ordinance is being passed and approved to correct certain legal descriptions provided for in Ordinance No. 2039 previously passed and approved on June 28, 2005. Ordinance No. 2039 is hereby replaced in full and is hereby repealed. ~. ~_ Section 9. This Ordinance shall be published in accordance with law and take effect as provided by law. PASSED AND APPROVED THIS 26TH DAY OF JULY, 2005. ATTEST.-. ~ , i~ r~C~`, ai c L', .:BRENDA WHEEL'- ER~`~°~TY CLERK -(SEAL) ~~~ ~ " e,~ . STATE OF NEB~`RASKA ) :ss: WASHINGTON COUNTY ) J S ALPH, MAYOR 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 26th day of July, 2005. n ~ /~ f s. BRENDA R. WHEELER, CITY CLERK ~:. ~ ~~~ ORDINANCE NO. 2043 AN ORDINANCE APPROVING THE SALE OF LOT 1 AND LOTS 37 THROUGH 49, RIDGEVIEW ESTATES, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. That the Mayor is hereby authorized to execute and deliver a Agreement(s) For Sale of Real Estate, a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein which sets forth the terms and provisions of the sale of the real estate from the City of Blair, Nebraska. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 26th day of July, 2005. CITY OF BLAIR, NEBRASKA By ~ ~' JA . REALPH, MAYOR ATTEST: B'f~ENDA R. WHEELER, City Clerk (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified, acting Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 26th day of July, 2005. BRENDA R. WHEELER REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT made this ~~ day of J;~ ~t ~ , 2005, by and between the City of Blair, Nebraska, a Municipal Corporation, herein fter referred to as "Seller", and JoHawk L.L.C., hereinafter referred to as "Purchaser". WITNESSETH: Seller agrees to sell and convey to the Purchaser by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, as follows: City of Blair, Ridgeview Estates -Lot 1 and Lots 37 through Lot 49 the said Purchaser agrees to purchase said property on the following terms and conditions: The purchase price therefore is agreed to be the sum of $180,000.00, which shall be paid in cash at the time of closing. Closing of the transaction shall be on or before forty-five (45) days following passage of an ordinance by the City of Blair approving the sale herein. It is understood and agreed by and between the parties hereto that Purchaser shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves an easement over and across said real estate for a storm sewer and any other utilities on said real estate. The Purchaser shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Purchaser's sole expense and pursuant to Seller's specifications. The Purchaser shall be responsible for any sidewalk or other assessments which may be made and which are attributable to the real estate. Seller shall not be responsible for payment of any real estate taxes assessed against the premises. The Purchaser shall be responsible for and shall pay any and all taxes assessed against the premises including but not limited to any assessments made for any year or partial year during which the City owned the premises, but which are levied as a result of this transaction. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Purchaser requests, Seller shall provide to the Purchaser a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Purchaser. The cost of such title insurance shall be split equally between the parties. The Seller specifically makes no warranties or representations as to the condition of the premises nor their usability as may be intended by the Purchaser. The Purchaser is purchasing the premises "as is". The Purchaser has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the purchase price shall be returned to the Purchaser. Under no other circumstance shall the Purchaser be entitled to a refund of the purchase price. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA J ES . REALPH, MAYOR ATTEST: °~ ~~~ B A R. WH ELER, CITY CLERK STATE OF NEBRASKA :ss: WASHINGTON COUNTY ) ~f~ On this ~-~ day of '~..G',~~,~= , 2005, before me, the undersigned a Notary Public, duly commissioned and qualifi d for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC 6ENERAl.110TARC Stab of Ne6ras~a KATHERINE D. LCIUDN Ny Comm. Exp. lone 17, S TE OF ) r ) .$s. d~~l~ COUNTY ) ~c ~._ On this day of 2005, before me, the undersigned a Notary Public, duly commissioned an qualified for in said county, personally came Bernard F. Hall, Authorized Representative of JoHawk, L.L.C., Purchaser, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day a year last above written. OTARY P L o sEx rAUt o. w-wMORTN NOTARY r!1lLIC ~ AINLONk MtA 000NfY M-OOnr1iMY1NE~Y~s MMIOIIl0.l00b ORDINANCE NO.2044 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING SECTION 1205 OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, IN REFERENCE TO NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 1205 of the Zoning Regulations for the City of Blair, Nebraska is hereby amended to add the following provision, to wit: 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 the structure is located, except upon the approval of a conditional use permit. The conditional use permit may include but not be limited to requirements for additional landscaping, screening, parking, etc. 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, except upon the approval of a conditional use permit. The conditional use permit may include but not be limited to requirements for additional landscaping, screening, parking, etc. 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 non-conforming use upon the approval of a conditional use permit. It shall be the burden of the applicant to prove the proposed use is equally appropriate for the zoning district as the existing non-conforming use. Further, the City Planning Commission or the City Council may require appropriate conditions and safeguards in accord with the provisions of the -1- Ordinance. 4. Any structure, or structure and land in combination, in or on which a non-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-conforming use of a structure or structure and 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 (30) year period, such non-conforming use of a structure and premises in combination shall be terminated. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 9th day of August, 2005. ~, J E E. REALPH, MAYOR -2- ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) as: 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of August, 2005. BRENDA R. WHEELER, CITY CLERK -3- ORDINANCE NO. 2045 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE CREATING PAVING DISTRICT NO. 185, CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, AND DESCRIBING SAID PAVING DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT: BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. Pursuant to Section 16-617, 16-617.01, 16-618, 16-619 and 16-620, R.R.S. Neb. 1997, Street Improvement District No. 185 be and the same is hereby created with the City of Blair, Nebraska, the outer boundaries of which District shall include the following described properties together with the streets described below upon which said properties abut: Lot 3 of Skobo Acres, a subdivision located inthe S'/2 of the SE'/4 of Section 12, Township 18 North, Range 11 East of the 6~' P.M., City of Blair, Washington County, Nebraska. Within said District the street to be improved is "South Acres" Subdivision SECTION 2. The improvements to be constructed in Paving District No. 185 may include grading, paving, curbing, guttering, storm sewer improvements, sidewalks, and other necessary or incidental appurtenances to the improvements. SECTION 3. All of said improvements shall be constructed to the established grades as fixed by ordinance of said City and shall be constructed in according with plans and specifications to be made by HGM and Associates, employed by the City, to be approved by the City Council. Said improvements in Paving District No. 185 shall be made at public cost, and the cost of such improvements, excepting street, intersections, shall be assessed against the property within said District specially benefited thereby in proportion to such benefits. SECTION 4. That this ordinance shall be known as Ordinance No. 2045 shall be in effect from and after its passage, approval, and publication according to law. PASSED AND APPROVED this 9TH day of AUGUST, 2005. -1- JAMS . RE LPH, MAYOR ATTEST: BRENDA R. WHEF,LER, 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of August, 2005. BRENDA R. WHEELER, CITY CLERK -2- ORDNANCE NUMBER NO. 2046 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDNANCE CREATING WATER EXTENSION DISTRICT NUMBER 44 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDRIES OF SAID DISTRICT; DESIGNING THE SIZE, LOCATION AND TERMINAL POINTS OF THE WATER LINES FOR SAID DISTRICT; AND REFERING TO PLANS AND SPECIFIACTIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDNANCES OR PARTS OF ORDANCNES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. The mayor and city council of the City of Blair, Nebraska, hereby find and determine it is necessary and advisable to extend the municipal water system beyond the existing system by the construction of a water main pursuant to the authority granted by Section 19-2402 R.R.S. Neb. 1943. That said water main extension shall commence at the existing water mains as described in Section 3 hereof; that none of the properties located within the Water Extension District hereby created are presently served by the City's existing system of water service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Water District Number 44, the outer boundaries of which are included in the following described real estate, to-wit: South Acres, a subdivision located in the S % of the SE 1/4 of Section 12, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska. SECTION 3. The size, location and terminal points of the proposed improvements for Water Extension District Number 44 are described as follows: Size and Type of Material: Eight inch (8") P.V.C. or ductile iron water main with fire hydrants and valves. Location and Terminal Points: The location and terminal points of the proposed improvements are extending from currant intersection of 5th Street and Grant Street, southerly along 5th Street to the south end of 5th Street in South Acres, City of Blair, Washington County, Nebraska. SECTION 4. Amore detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16~' Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 5022 South 114d' Street, Suite 200, Ornaha, Nebraska 68137-2330. Said plans and specifications are hereby incorporated by reference as set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as set heretofore filed with the City Clerk for Water Extension District Number 44 is $23,719.50. SECTION 6. All ordinances or parts of ordnances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 23rd day of August, 2005. CITY OF BLAIR, NEBRASKA ". A ES REALPH, MAYOR ATTEST: ~? %~ ,~ G B NDA WHEELER, CITY CL RK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY BRENDA 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 Ordnance was passed at a regular meeting of the mayor and city council of said City held on 23rd day of August, 2005. BRENDA WHEELER, CITY CLERK ORDINANCE NO. 2047 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE SETTING AND FIXING THE COMPENSATION FOR THE EMPLOYEES OF THE CITY OF BLAIR, NEBRASKA FOR THE FISCAL YEARS 2005/2006 AND 2006/2007; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That, effective, October 2, 2005, the salary of the employees of the City of Blair, Nebraska shall be as set forth on the "By-Weekly Salary Schedule," marked Exhibit "A" attached hereto and incorporated by this reference herein, and said "By-Weekly Salary Schedule" is hereby accepted for atwo-year period, subject to the increase referred to in Section 2 herein below. In addition to the increase in salary as set forth hereinabove, all employees of the municipality shall be entitled to coverage under the health and accident insurance, life insurance and such other benefits as may be designated by the personnel manual. SECTION 2. That, in addition to the salaries set forth on Exhibit "A" attached hereto, effective commencing on the first day of the first pay period after October 1, 2006, each pay grade set forth on Exhibit "A" ("By-Weekly Salary Schedule") shall be increased by the amount equal to two and one-half percent (2.5%). SECTION 3. That effective as of October 1, 2005, the Personal Manual for employees of the City of Blair, Nebraska shall be and hereby is amended as follows, to-wit: 8.3 Vacation Leave Regular full-time employees and regular part-time employees normally working twenty (20) hours or more per week shall be provided with paid vacation leave to allow them periods of rest, relaxation, and freedom from the rigors of their jobs. Eligible full-time employees shall accrue vacation leave monthly at the following rates: Years of Regular Cit~Service Monthly Accrual Annual Accrual Years one, two and three 6.67 hours 80 hours Year four Year five Year six Year seven Year eight 7.33 hours 88 hours 8.00 hours 96 hours 8.67 hours 104 hours 9.33 hours 112 hours 10.00 hours 120 hours 9-03 Setting & Fixing Compensation.wpd Year nine 10.67 hours 128 hours Year ten 11.33 hours 136 hours Year eleven 12.00 hours 144 hours Year twelve 12.67 hours 152 hours Year thirteen through twenty-four 13.33 hours 160 hours Year twenty-five and beyond 16.66 hours 200 hours Accrual rates for regular part-time positions will be pro-rated. The following positions will receive 160 hours of vacation per year (13.33 hours per month) and after 25 years of service to the City 200 hours of vacation per year (16.66 hours per month): (1) City Administrator (2) Assistant City Administrator (3) City Clerk (4) City Treasurer 5) Police Chief 6) Director of Public Works 7) Library Director Vacation leave shall be administered according to the following rules: (a) No vacation leave shall be granted in advance of accrual. (b) Requests for vacation or comp time leave shall be submitted at least 48 hours in advance; however, the City Administrator can waive the notice requirement if the work schedule allows it. For police officers, leave is governed by Police Department procedures. (c) Vacation leave may be taken when earned. (d) The City Administrator shall approve vacation leave for department heads, who in turn shall be responsible for scheduling vacation leave for subordinate employees based on considerations of operational requirements, employee preferences, and seniority within the regular City Service. (e) The initial minimum period of vacation leave shall be one-half ('/z) hour; (anything over 1/2 hour may be taken in 15-minute increments). (f) Holidays occurring during periods of vacation leave shall not be charged against such leave. (g) No cash payments for unused vacation leave shall be authorized except upon separation from City service by retirement, dismissal, death or resignation in good standing. (h) A maximum of 40 hours may be carried forward each anniversary year, along with 9-03 Setting & Fixing Compensation.wpd vacation accumulation of the immediately preceding anniversary year. 8.4 Sick Leave Regular full-time employees and regular part-time employees normally working twenty (20) hours or more per week shall be provided with paid sick leave for use if incapacitated by illness or injury, if exposed to contagious disease when presence at work would jeopardize the health of others, and for medical, dental, optical, or other health care appointments which cannot reasonably be scheduled for off-duty hours. Eligible employees shall accrue six (6) hours of sick leave per month, with the accrual for regular part-time employees prorated according to time worked. Sick leave shall be administered according to the following rules: (a) Sick leave may not be accumulated beyond 840 hours for full-time employees working 40 hour weeks and a proportionate lesser amount for eligible part-time employees, except an employee that has accumulated allowable sick leave greater than 840 hours as of August 1, 2005, shall retain the greater number of accumulated sick leave hours with the following conditions. If any employee has accumulated in excess of 840 hours, the accumulated hours shall be reduced by the number of sick leave hours used until that employee has reduced their accumulated hours to 840 or fewer hours. Thereafter, the employee shall be subject to the maximum allowable accumulation of 840 hours. (b) Sick leave shall not be granted in advance of accrual, but vacation leave and/or leave without pay may be authorized for employees exhausting their sick leave; (c) All employees of the City are covered by Worker's Compensation Insurance. This includes regular full-time, regular part-time and temporary employees. Worker's Compensation coverage includes medical, injury to specific members, and injury causing death or disability. An employee receiving compensation under Worker's Compensation Laws shall receive for the duration of such compensation only that portion of his/her regular salary, which will, together with such compensation, equal his/her regular salary. Under these conditions, earned sick leave shall be charged proportionately, in increments of not less than one (1) hour for that part of the day which is sick leave pay, until such accumulated sick leave is exhausted. (d) The City may request and obtain a physician's statement after (3) consecutive sick days taken by employees or otherwise verify the circumstances surrounding the taking of sick leave. The abuse of sick leave shall be grounds for disciplinary action; (e) The initial minimum period of sick leave shall be one-half ('/2) hour; anything over'/2 hour may be taken in 15-minute increments; (f) Holidays occurring during periods of sick leave shall not be charged against such leave; 9-03 Setting & Fixing Compensation.wpd (g) An employee shall only be compensated for unused sick leave as follows: (1) Upon death or retirement an employee shall be paid for one-half of the unused accumulated sick leave not to exceed the accumulation as allowed in 8.4(a); (2) Upon resignation in good standing and specifically excluding resignations prompted by any action of the employee which may result in disciplinary action, an employee who has current continuous employment with the City for not less than ten (10) years shall be paid a percentage of unused accumulated sick leave not to exceed 840 hours based on the number of years of service as follows: 10 years 5% 16 years 30% 11 years 5% 17 years 35% 12 years 10% 18 years 40% 13 years 15% 19 years 45% 14 years 20% 20 years 50% 15 years 25% (3) No payment for unused accumulated sick leave shall be paid to an employee in the event of termination for cause or resignation prompted by an action of the employee that could result in disciplinary action. (h) Sick leave shall not be transferable between employees; and (i) Sick leave maybe used during the introductory period; however, cannot be used until earned. (j) An Employee may use sick leave to assist in the care, treatment and transportation of immediate family members for accidents, injuries and illness. (Immediate family = husband, wife, son, daughter, mother, father, brother, sister, parent-in-law, in locus parent, or other legal dependents.) The City reserves the right to use management discretion in the deternnation of granting sick leave to employees in the situation(s) described in this paragraph. Each situation will be handled on a case-by-case basis with final determination by the City Administrator. (k) If an employee is not reporting for work due to sick leave, he/she is required to contact his/her immediate supervisor within (30) minutes of start time. (1) Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The City supports these endeavors as long as employees are able to meet acceptable performance standards. As in the case of other disabilities, the City will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs. 9-03 Setting & Fixing Compensation.wpd Medical information on individual employees is treated confidentially. The City will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment. Employees with questions or concerns about life-threatening illnesses are encouraged to contact the City Administrator for information and referral to appropriate services and resources. (m) Employees shall not receive a clothing or uniform allowance under 14.6 if employee is on sick leave for more than 30 consecutive work days. 14.7 Education Benefits Eligible City employees shall be entitled to tuition assistance in addition to any training required by the City. The tuition assistance shall be on the following term: a. The City shall reimburse eligible employees for actual tuition costs; not to exceed $150.00 per credit hour. b. An employee must have not less than three (3) years current continuous full time employment with the City to be eligible for tuition reimbursement, unless waived by the City Administrator. c. No tuition reimbursement shall be made unless the employee attains successful completion of the course resulting in a grade equivalent to C or better. d. Tuition paid at any Nebraska State College, Nebraska State University, Nebraska Metropolitan Technical College or Dana College shall be eligible for reimbursement. The City Administrator shall, prior to the employee's enrollment, approve tuition at any other institution. e. Tuition reimbursement shall be limited to courses required for an approved degree program, for courses in math, science, English, speech, computer science / applications, or other courses that directly improve or enhance the employee's service to the City. The City Administrator shall, prior to the employee's enrollment, approve all courses eligible for reimbursement. f. Tuition reimbursement shall be limited to six (6) credit hours or an equivalent per semester. 9-03 Setting & Fixing Compensation.wpd SECTION4. That the wage, salary and benefit compensation established herein be and hereby are accepted for atwo-year period which consists of the 2005/2006 fiscal year and the 2006/2007 fiscal year. SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That 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 23`d day of August 2005. ~~ tom---_ I J ME E. REALPH, MAYOR ~` ATTEST: %~ ~ ~~~ ~~ ~_ ~-, 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 23rd day of August 2005. ~. ~ (1(~ _ BRENDA R. WHEELER, CITY CLERK 9-03 Setting & Fixing Compensation.wpd 'PIA ~`- A I A A A A W W I W J Gl U W N 43 W W I W I W I W W N~ N N I N N N N I N I ~ N I N '--• ~ ~+ I ~~ n r..= ~ I I I A ~ O b W J Qi N A~ W N ~ o--~ O b CO ~7 G~ u A w N I I b W r-~ O ~D GO J G1 U ~. JR. cn .~ W N r~ O A W N ~ f ~ I I I I I ~ 'J F. I I I I w W w wI w w w w w w w w w N I N N ~] I C~ G1 t~ I v. :P ~, W N N. '-.• I ~..I O • ~:I ~D ~ oo i J ~ { I ~ ' N N N NIN N N N N N N N N N ' I _ I oo ~ ~7 G~ Gl I ca U A I W W . N N ~ !--~ O O b ~D oC ~1 ~1 ~ 01 C,l cn ~ A I A W I W N ~ ~ i O O ~ ~ I I ~N.. ~ C'A xi NIG1 bIb b 0 0 0 O A t~ to oo ! 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J O 4 ~ ~ I W W W W W I W W W W W W _W W W NIN x J o~ c^~ v~ U A w W N N O ^v u7 ~: O A 00 CJ ~ ~ + N N N N N N N N N N N NIN N N ~ n+ ~--~ m J J cL7 ~ u A A w w N .- C 1 O +n x oo ~1 v~ c1 u I ~ I I I _ ~. ~ w w N ~~~ ~ I I J i-- U b W J I nV_„ ~ Fb.. ~ `n ~ O I O I O I_ N N N w W w U b W~ J W ~1 I .~ r+ i s p m ~ U b U l'7 W ~7 A A A s, cn n I . ~? ~ cUi. ~ n ~ O .C OO N 01 I O A I Oo I N 01 I n H H 1 Cr! x r ~c x 0 r k µ ORDINANCE NO. 2048 AN ORDINANCE TO ADOPT THE BUDGET STATEMENT AND TO BE TERMED THE "ANNUAL APPROPRIATION BILL;" TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF BLAIR, NEBRASKA, FOR THE FISCAL YEAR COMMENCING ON THE FIRST DAY OF OCTOBER, 2005; AND SPECIFYING THE OBJECT AND PURPOSE OF EACH APPROPRIATION AND THE AMOUNT FOR EACH OBJECT AND PURPOSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL BE 1N FORCE AND EFFECT. WHEREAS, a notice of public hearing together with a summary of the proposed budget statement of the City of Blair, Nebraska, for the fiscal year beginning on October 1, 2005 and ending September 30, 2006 was published in The Enterprise, the official newspaper of the City of Blair, on September 6, 2005; and, WHEREAS, said budget statement was prepared on the appropriate budget forms provided by the State of Nebraska and was duly filed with the City Clerk of the City of Blair, Nebraska. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. That, after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2005 and ending September 30, 2006. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of Blair. A copy of the budget documents shall be forwarded, as provided by law, to the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska, and to the County Clerk of Washington County, Nebraska, for use by the levying authority. SECTION 2. There is hereby appropriated for the use of the City of Blair, Washington County, Nebraska, the sum of $1,368,200.00 to be raised and acquired by the levy of general and special taxes and by bond issue, this sum being necessary to defray the expenses and liabilities of said City for the 2005-2006 fiscal year. SECTION 3. That the following amounts be and hereby are appropriated from the various funds to the use and purpose hereinafter specified, to-wit: FUND Total General Fund Debt Service Street Sales Tax (1997 Vote) Sales Tax (Police Department) Health & Benefit Insurance Water Sewer Lodging Occupation Tax CDBG(ED) Fund Donated Funds Capital Outlay Reserve CDBG Reuse Funds MIRF Fund Keno Funds ALL SOURCES $ 3,149,197.00 2,143,980.00 2,160,243.00 2,465,508.00 877,255.00 145,150.00 5,333,354.00 845,379.00 51,314.00 1,010,100.00 136,712.00 8,835.00 108,392.00 114.00 236,065.00 SECTION 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 13th day of September, 2005. ATTEST: NDA R. WHEELER, CITY CLERK (SEAL) CITY OF BLAIR, NEBRASKA C J ME E. REALPH, MAYOR 2 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 foregoing Ordinance was passed and approved at a regular meeting of the Mayor and City Council of said City held on the 13~' day of September, 2005. '!' BRE DA R. WHEELER, CITY CLERK ORDINANCE NO.2049 COUNCIL MEMBER SCHEVE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING SECTION 702.08(5)(B) OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, TO ALLOW ACCESSORY BUILDINGS BY CONDITIONAL USE PERMIT IN THE FRONT YARD OF RL -RESIDENTIAL LOW DENSITY DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 702.08(5)(B) of the Zoning Regulations for the City of Blair, Nebraska is hereby amended to add the following provision, to wit: 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. (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 (B) Front Yard - Lots o less than, orty.~ve thousand (45,OOO~quare.feet shall have no accessory buildings located between the front buildin lg ine of the principle buildin and the front property line. Lots of forty~ve thousand (45, 000) square feet or greater may have accessory buildings located between the front buildin lg ine of the principle building and the . ont property line only upon the approval o~ -1- conditional use permit provided said accessory buildin s~ 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 11TH day of October, 2005. ~ )Z J E E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) -2- 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 11th day of October, 2005. ,~ BRENDA R. WHEELER, CITY CLERK -3- ORDINANCE NO. 2050 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING SECTION 802.04(6) OF THE ZONING REGULATIONS OF THE CITY OF BLAIR, NEBRASKA, TO ALLOW RESIDENCES IN THE BASEMENT OF COMMERCIAL BUILDINGS IN CCB -CENTRAL BUSINESS DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 802.04(6) of the Zoning Regulations for the City of Blair, Nebraska is hereby amended to add the following provision, to wit: 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 may be waived for good cause shown); (6) Residences on the second floor or in the basement of commercial buildings (the minimum off street parking and loading requirements of Section 1111 may be waived for good cause shown (7) Multi-family residential uses (the minimum off street parking and loading requirements of Section 1111 may be waived for good cause shown); (8) Other trade and service uses which are similax to the permitted principal uses and which are in harmony with the intent of this district. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. -1- SECTION 3. This ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 11TH day of October, 2005. ~~ti JA ' ES E. A PH, MAYOR ATTEST: ,~ ~~ 2. BRENDA R. WHEEI:ER, CITY CLE (SEAL) STATE OF NEBRASKA ) as: 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 foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the l lth day of October, 2005. BRENDA R. WHEELER, CITY CLERK -2- i ORDINANCE NO. 2051 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE REZONING PART OF TAX LOT 275 LOCATED IN THE NE QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 18N, RANGE 12E OF THE 6TH PM, FROM A/CH -AGRICULTURAL/COMMERCIAL HIHGWAY DISTRICT TO A/ML - AGRICULTURAL/LIGHT INDUSTRIAL AND MANUFACTURING DISTRICT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE 1N FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA. SECTION 1. That the Zoning Regulations of the City of Blair be amended so as to change the zoning designation of real estate, in Washington County, Nebraska from A/CH - Agricultural/Commercial Highway District to A/ML - Agricultural/Light Industrial and Manufacturing District. SECTION 2. Be if further ordained by the Mayor and City Council of the City of Blair that the official zoning maps of the City of Blair should be changed to reflect the zoning as established hereby. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 11th day of October, 2005. CITY OF BLAIR, NEBRASKA B - 1 JA S . REALPH, MAYOR ATTEST: ~~-~~J ~`f 1~~~.~~ BRENDA R.WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) 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 foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of October, 2005. n BRENDA R. WHEELER, CITY CLERK ORDNANCE NUMBER 2052 AN ORDNANCE CREATING SANITARY SEWER EXTENSION DISTRICT NUMBER 67 OF THE CITY OF BLAIR, NEBRASKA; ESTABLISHING THE OUTER BOUNDRIES OF SAID DISTRICT; DESIGNING THE SIZE, LOCATION AND TERMINAL POINTS OF THE SANITARY SEWER LINES FOR SAID DISTRICT; AND REFERING TO PLANS AND SPECIFIACTIONS AND ESTIMATE OF THE ENGINEER IN CONNECTION THEREWITH ON FILE WITH THE CITY CLERK; REPEALING ALL ORDNANCES OR PARTS OF ORDANCNES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDNANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL, OF THE CITY OF BLAIIZ, NEBRASKA. SECTION 1. The mayor and city council of the City of Blair, Nebraska, hereby find and determine it is necessary and advisable to extend the municipal sanitary sewer system beyond the existing system by the construction of a sanitary sewer main pursuant to the authority granted by Section 19-2402 R.R.S. Neb. 1943. That said sanitary sewer main extension shall commence at the existing sanitary sewer manhole as described in Section 3 hereof; that none of the properties located within the Sanitary Sewer District hereby created are presently served by the City's existing system of sanitary sewer service; and that all property within said District is either within the corporate limits of the City of Blair or within one mile beyond such corporate limits. SECTION 2. There is hereby created Sanitary Sewer District Number 67, the outer boundaries of which are included in the following described real estate, to-wit: Tax Lots 257 and 258 of Section 12, Township 18 North, Range 12 East of the 6`~ P.M. in the City of Blair, Washington County, Nebraska. SECTION 3. The size, location and terminal points of the proposed improvements for Sanitary Sewer Extension District Number 67 are described as follows: Size and Type of Material: Eight inch (8") P.V.C. sewer main with manholes. Location and Terminal Points: The location and terminal points of the proposed improvements are extending from the northeast corner of Lot 2 of Skobo Acres and official plat in the City of Blair, Washington County, then north across Grant Street to just south of Tax Lot 257 of Section 12, Township 18 North, Range 23 East of the 6~' P.M., then easterly along the north side of Grant Street right-of--way to a point just east and south of the southwest lot corner of Tax Lot 258 of said Section 12 all in the City of Blair, Washington County, Nebraska. SECTION 4. Amore detailed description of the proposed improvements is shown on the plans and specifications on file at the office of the City Clerk, City Hall, City of Blair, 218 South 16~' Street, Blair, Nebraska 68008. In addition, the contract documents may be examined at the office of HGM Associates, Inc., 5022 South 114' Street, Suite 200, Omaha, Nebraska 68137-2330. Said plans and specifications are hereby incorporated by reference as set forth herein. Reference should be made to said plans and specifications for the specific sizing of pipes and mains shown above. SECTION 5. The engineers' estimate of total construction cost for the proposed water main improvements, as set heretofore filed with the City Clerk for Sanitary Sewer District Number 67 is $25,916.10. SECTION 6. All ordinances or parts of ordnances in conflict herewith are hereby repealed. SECTION 7. This ordinance shall be in force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 8th day of November, 2005. CITY OF BLAIR, NEBRASKA ~~. S REALPH, MAYOR` ATTEST: ~ ~ ~'p BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA WASHINGTON COUNTY BRENDA 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 Ordnance was passed at a regular meeting of the mayor and city council of said City held on 8th day of November, 2005. BRENDA WHEELER, CITY CLERK ORDINANCE NO. 2053 AN ORDINANCE AMENDING SECTION 10-1802 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, BY INCREASING THE OCCUPATION TAX FEES FOR LIQUOR LICENSES AND HAWKERS, PEDDLERS OR SELLERS OF GOODS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. Section 10-1802 of the Municipal Code of the City of Blair, Nebraska is hereby amended in its entirety as follows, to wit: Sec 10-1802 OCCUPATION TAX AMOUNTS. There is hereby levied an occupation tax upon each and every occupation and business within the corporate limits of the City of Blair, Nebraska, as hereinafter enumerated in the several different amounts and upon the several respective occupations, professions and lines of business as follows: Billiard Hall or Pool Hall: First (1St) table per year twenty-five ($25.00) dollars. Each additional table five ($5.00) dollars per year. Bottle Club: Two Hundred fifty ($250.00) dollars per year except that said occupation tax shall not apply to non-profit corporations as exempted from payment of federal income taxes, as provided by Sections 501(c), (4),(7) or (8), Internal Revenue Code of 1954, as Amended. Bottle Club or Class "H" license operated by non-profit corporation as exempted from payment of federal income taxes, two hundred ($200.00) dollars per year. Hawkers, Peddlers or sellers of goods at retail by sample or by taking orders, from door to door, including itinerant magazine or Book agents for each such person, ten ($10.00) dollars per day or seventy five ($75.00) per year. Manufacturer of Alcohol and Spirits, or either, one thousand ($1,000.00) dollars per year. Alcoholic Liquor Distributor, except beer, one thousand ($1,000.00) dollars per year. Beer Distributor, five hundred fifty ($550.00) dollars per year. Retailer of Beer only, for consumption on the premises, two hundred ($200.00) dollars per year (Class A) Retailer of Beer only, for consumption off the premises, sales in original package only, two hundred ($200.00) dollars per year (Class B). Retailer of Alcoholic Liquors for consumption on the premises and off the premises, six hundred ($600.00) dollars per year, except that nonprofit or charitable license holders shall be three hundred twenty-five ($325.00) dollars per year (Class C). Retailer of Alcoholic Liquors for consumption off the premises, sales in original package only, four hundred ($400.00) dollars per year (Class D). Retailer of Alcoholic Liquors for consumption on the premises only, five hundred ($500.00) dollars per year (Class I). Pinball Machines, Electronic Games and Other Coin or Token Amusement Games: twenty-five ($25.00) dollars per year per machine. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. Passed and approved this 22nd day of November, 2005. CITY OF BLAIR, NEBRASKA J M S E. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) 9-03 Amend Sec 10-1803 Mun Code.wpd 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 foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of November, 2005. ~~ ~ ~~-~ BRENDA R. WHEELER, CITY CLERK 9-03 Amend Sec 10-1803 Mun Code.wpd ORDINANCE NO. 2054 AN ORDINANCE APPROVING THE TRANSFER OF REAL ESTATE OWNED BY THE CITY OF BLAIR, NEBRASKA, TO THE ADJACENT PROPERTY OWNERS AND REPEALING ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1 That the Mayor is hereby authorized to execute and deliver Quitclaim Deeds conveying Real Estate in question to the adjacent property owners, copies of which are attached hereto and marked as Exhibit "A" and incorporated herein by reference which sets forth the terms and provisions of the conveyance of the real estate from the City of Blair, Nebraska. SECTION 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3 This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 22nd day of November, 2005. CITY OF BLAIR, NEBRASKA S E. REALPH, MAYOR ~~ ATTEST: 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 foregoing ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of November, 2005. BRE DA R. WHEELER, CITY CLERK QUITCLAIM DEED CITY OF BLAIR NEBRASKA, Grantor, whether one or more, in consideration of One Dollaz ($1.00), receipt is hereby acknowledged, quitclaims and conveys to James & Elizabeth Bolton, husband and wife Grantee, the following described real estate (as defined in Neb. Rev. Slat 67-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6`~ Principal Meridian, City of Blair, Washington County, Nebraska, being more fully descnbed as follows: Beginning at the southeast corner of Tax Lot 154, said point being on the southwesterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis Omaha Railroad, said point also being on the north right-of--way Iine of Pazk Street; thence along said southwesterly right-of--way line, north 43 degrees 48 minutes 11 seconds west, 189.77 feet; thence north 00 degrees 06 minutes 56 seconds east, 57.85 feet to a point 10.0 feet normally distant southerly from the centerline of an existing PCC bike trail; thence parallel with said centerline the following 3 courses: 1. South 41 degrees 11 minutes 04 seconds east, 1.3.75 feet; south 43 degrees 52 minutes 59 seconds east, 240.34 feet; south 37 degrees 46 minutes 14 seconds east, 10.67 feet; thence south 52 degrees 13 minutes 46 seconds west, 4.73 feet to a point on said north right-of-way line of Park Street; thence along said north right-of--way line, north 89 degrees 53 minutes 04 seconds west, 47.21 feet to the point of beginning. Said parcel contains an azea of 0.209 acre, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 154, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed .2005 CITY OF BLA1R, NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was aclaiowledged before me on 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public STATE OF NEBRASKA COUNTY OF WASHINGTON Filed for record and entered in Numerical Index on _ 2005, at O'clock _.m. and recorded in Book .Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CTI'Y OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Mary Gilliland, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 67-201) in Washington County, Nebraska: A pazcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6`~ Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax lot 330, said point being on the northwesterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along the westerly prolongation of the southerly line of said Tax Lot 330, north 89 degrees 44 minutes 08 seconds west, 52.36 feet to a point 10.0 feet normally distant easterly from the centerline of an existing PCC bike trail; thence pazallel with said centerline, north 41 degrees 11 minutes 04 seconds west, 72.04 feet to a point on the westerly prolongation of the northeasterly line of said Tax Lot 330; thence along said westerly prolongation, south 89 degrees 44 minutes 08 seconds east, 47.78 feet to the northwest corner of said Tax Lot 330; thence along said northeasterly right-of--way line, south 43 degrees 48 minutes 11 seconds east, 75.15 feet to the point of beginning. Said pazcel contains an area of 0.062 acre, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 330, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed , 2005 STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR, NEBRASKA, A Municipal Corporation By James Realph, Mayor The foregoing instrument was acknowledged before me on 2005, by James Realph, Mayor for the City of Blair, Nebraska. STATE OF NEBRASKA. COUNTY OF WASHINGTON Notary Public Filed for record and entered in Numerical Index on 2005, at O'clock _.m. and recorded in Book ,Page By County or Deputy CIerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Ned & Mary Miller, husband and wife Grantee, the following described real estate (as defined in Neb. Rev. Stat 67- 201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax Lot 331, said point being on the northeasterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis Omaha Railroad; thence along the westerly extension of the southerly line of said Tax Lot 331, north 89 degrees 44 minutes 08 seconds west, 47.78 feet to a point 10.0 normally distant easterly from the centerline of an existing PCC bike Trail; thence parallel with said centerline, north 41 degrees 11 minutes 04 seconds west, 10.7 feet; thence continuing parallel with said centerline, north 43 degrees 42 minutes ~ 1 seconds west, 95.07 feet; thence continuing parallel with said centerline, 44 degrees 12 minutes 42 seconds west, 81.18 feet to the begmning of anon-tangent curve, concave northeasterly, to which point a radial line bears, south 46 degrees 25 minutes 57 seconds west, 57.11. feet; thence northerly, concentric with said centerline and along said curve, through a central angle of 66 degrees 12 minutes 08 seconds, 65.99 feet to the northwest comer of said Tax Lot 331; thence along said northeasterly right-of--way Iine, south 43 degrees 48 minutes 11 seconds east, 272.78 feet to the point of beginning. Said parcel contains an area of 0.188 acres, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 331, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed , 2005 CITY OF BLAIR, NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public STATE OF NEBRASKA COUNTY OF WASHINGTON Filed for record and entered in Numerical Index on , 2005, at O'clock _.m. and recorded in Book ,Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Mary Gilliland, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 6?-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax lot 142, said point being on the northeasterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along the westerly prolongation of the southerly line of said Tax Lot I42, north 89 degrees 44 minutes 08 seconds west, 56.32 feet to a point 10.0 feet normally distant easterly from the centerline of an existing PCC bike trail; thence pazallel with said centerline, north 43 degrees 52 minutes 59 seconds west, 25.64 feet; thence continuing parallel with said centerline, north 41 degrees 11 minutes 04 seconds west , 63.06 feet to a pourt on the westerly prolongation of the northerly line of said Tax Lot 142; thence along said westerly prolongation, south 89 degrees 44 minutes 08 seconds east, 52.36 feet to the northwest comer of said Tax Lot 142; thence along said northeasterly right-of--way line, south 43 degrees 48 minutes 11 seconds east, 91.40 feet to the point of beginning. Said parcel contains an area of 0.0%3 acres, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 142, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run ~~ith land. Executed , 2005 STATE OF NEBRASKA COUNTY OF WASHINGTON CITI' OF BLAIR, NEBRASKA, A Municipal Corporation James Realph, Mayor By The foregoing instrument was acknowledged before me on , 2005, by James Realph, Mayor for the City of Blair, Nebraska. STATE OF NEBRASKA COUNTI' OF WASHINGTON Notary Public Filed for record and entered in Numerical Index on .2005, O'clock _.m. and recorded in Book ,Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Thomas Gilliland, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 67-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section i 1, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax lot 141, said point being on the northeasterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along the westerly prolongation of the southerly line of said Tax Lot 141, north 89 degrees 47 minutes 33 seconds west, 50.03 feet; thence north 46 degrees 07 minutes O1 second east, 1.63 feet; thence north 43 degrees 52 minutes 59 seconds west, 4.0 feet; thence south 46 degrees 07 minutes O1 second west, 6.0 feet to a point 10.0 feet normally distant easterly from the centerline of an existing PCC bike trial; thence parallel with said centerline, north 43 degrees 52 minutes 59 seconds west, 77.69 feet to a point on the westerly prolongation of the northerly line of said Tax Lot 141; thence along said westerly prolongation, south 89 degrees 44 minutes 08 seconds east, 56:32 feet to the northwest comer of said Tax Lot 141; thence along said northeasterly right-of--way line, south 43 degrees 48 minutes 11 seconds east, 76.28 feet to the point of beginning . Said parcel contains an area of 0.07 acres more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 141, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed , 2005 STATE OF NEBRASKA COUNTY OF WASHINGTON CITY OF BLAIR, NEBRASKA, A Municipal Corporation James Realph, Mayor By The foregoing instrument was aclmowledged before me on 2005, by James Realph, Mayor for the City of Blair, Nebraska. STATE OF NEBRASKA COUNTY OF WASHII~IGTON Notary Public Filed for record and entered in Numerical Index on , 2005, at O'clock _.m. and recorded in Book ,Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Janice Rysdam, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 67-201) in Washington County, Nebraska: A pazcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax Lot 139, said point being on the northeasterly right-of--way of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along the westerly prolongation of the southerly line of said Tax Lot 139, North 89 degrees ~4 minutes 54 seconds west, 55.86 feet to a point 10.0 feet normally distant easterly from the centerline of an existing PCC bike tail; thence parallel with said centerline, north 43 degrees 52 minutes 59 seconds west, 71.39 feet; thence north 46 degrees 07 minutes O1 second east, 4.37 feet to a point on the westerly prolongation of the northerly line of said Tax Lot 139; thence along said westerly prolongation, south 89 degrees 47 minutes 33 seconds east, 50.03 feet to appoint on said northerly right-of--way line; thence along said northerly right-of--way line, south 43 degrees 48 minutes 11 seconds east, 75.36 feet to the point of beginning. Said pazcel contains an azea of 0.07 acres more or less. And A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~` Principal Meridian, City of lau, Washington County, Nebraska, being more fully described as follows: Beginning at the northwest comer of Tax Lot 139; thence along the west line of said Tax Lot 139, south 00 degrees 10 minutes 20 seconds west, 24.7 feet to a point on the northeasterly right-of--way line of the abandoned Chicago, St Paul, Minneapolis and Omaha Railroad; thence along said northeasterly right-of--way line, north 43 degrees 48 minutes 11 seconds west, 34.34 feet to the southwest corner of Tax Lot 141; thence along the south the south Tax Lot 141, south 89 degrees 47 minutes 33 seconds east, 23.84 feet to the point of beginning. Said pazcel contains an area of 0.007 acres more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 139, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed ,2005 CITY OF BLAIR, NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on , 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Rory Mullally, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 67-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section I I, Township 18 North, Range 11 East of the 6`~ Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the northwest comer of Tax Lot 168, said point being on the southwesterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along the northerly prolongation of the westerly line of said Tax Lot 168, north 00 degrees 06 minutes 56 seconds east, 63.84 feet to a point 10.0 feet normally distant southerly from the centerline of an existing PCC bike trail; thence parallel with said centerline, south 41 degrees 11 minutes 04 seconds east, 90.91 feet to a point on the northerl}> prolongation of the easterly line of said Tax Lot 168; thence along said northerly prolongation, south 00 degrees 06 minutes 56 seconds west, X7.85 feet to a point on said southeasterly right-of--way line; thence along said southwesterly right-of- way line, north 43 degrees 48 minutes 11 seconds west, 86.50 feet to the point of beginning. Said pazcel contains an azea of 0.084 acres, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacern real estate owned by the grantee, Tax Lot 168, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed ,2005 CITY OF BLAIl2, NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public STATE OF NEBRASKA COUNTY OF WASHINGTON Filed for record and entered in Numerical Index on , 2005, at O'clock _.m. and recorded in Book ,Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One DoIlaz ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Timothy Klotz, a single person Grantee, the following described real estate (as defined in Neb. Rev. Slat 67-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~' Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the southwest corner of Tax Lot 140, said point being on the northeasterly right-of--way line of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad right-of--way, said point also being on the north right-of--way line of Park Street; thence along said north right-of--way line of Park Street, north 89 degrees 53 minutes 04 seconds west, 60.28 feet to a point 10.0 feet normally distant easterly from the centerline of an existing PCC bike trail; thence parallel with said centerline, north 37 degrees 46 minutes 14 seconds west, 30.98 feet; thence continuing parallel with said centerline, north 43 degrees 52 minutes 59 seconds west, 63.21 feet to a point on the westerly prolongation of the northerly line of said Tax Lot 140; thence along said westerly prolongation, south 89 degrees 54 minutes 54 seconds east, 55.86 feet to the northwest comer of said Tax lot 140; thence along said northeasterly right-of--way line, south 43 degrees 48 minutes 11 seconds east, 97.11 feet to the point of beginning. Said pazcel contains and area of 0.091 acres, more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owned by the grantee, Tax Lot 140, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grarrtee or grantees, and said covenant shall run with land. Executed 2005 CITY OF BLAII2., NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing incrn,ment was acknowledged before me on , 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public STATE OF NEBRASKA COUNTY OF WASHINGTON Filed for record and entered in Numerical Index on , 2005, at O'cIock _.m. and recorded in Book ,Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds QUITCLAIM DEED CITY OF BLAIR, NEBRASKA, Grantor, whether one or more, in consideration of One Dollar ($1.00), receipt is hereby acknowledged, quitclaims and conveys to Faith Pr3no, a single person Grantee, the following described real estate (as defined in Neb. Rev. Stat 67-201) in Washington County, Nebraska: A parcel of land located in the northeast quarter of Section 11, Township 18 North, Range 11 East of the 6~` Principal Meridian, City of Blair, Washington County, Nebraska, being more fully described as follows: Beginning at the northeast corner of Tax Lot 109, said point being on the southwesterly right-of-aay Iine of the abandoned Chicago, St. Paul, Minneapolis and Omaha Railroad; thence along said southwesterly right-of--way line, north 43 degrees 48 minutes 11 seconds, 115.33 feet to the northwest comer of said Tax lot 109; thence north 46 degrees 17 minutes 09 seconds east, 46.20 feet to a point 10.0 feet normally distant southerly from the centerline of an existing PCC bike trail; thence pazallel with said centerline, south 43 degrees 42 minutes 51 seconds east, 28.28 feet; thence corninuing parallel with said centerline, south 41 degrees 11 minutes 04 seconds east, 41.05 feet to a point on the northerly prolongation of the easterly line of said Tax Lot 109; thence along said northerly prolongation, south 00 degrees 06 minutes 56 seconds west, 63.84 feet to the point of beginning. Said parcel contains an area of 0.096 acre,-more or less. This deed shall include a covenant that this real estate described herein shall be appended to the adjacent real estate owed by the grantee, Tax Lot 109, and the above described real estate and adjacent real estate owners by the grantee shall not be transferred and assigned except in a simultaneous transaction to the same grantee or grantees, and said covenant shall run with land. Executed , 2005 CTI'Y OF BLAIR, NEBRASKA, A Municipal Corporation By James Realph, Mayor STATE OF NEBRASKA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me on , 2005, by James Realph, Mayor for the City of Blair, Nebraska. Notary Public STATE OF NEBRASKA COUNTY OF WASHINGTON Filed for record and entered in Numerical Index on .2005, at O'clock _.m. and recorded in Book Page By County or Deputy Clerk Register of Deeds or Deputy Register of Deeds