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
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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
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.
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
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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
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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
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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.
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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.
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Chapter 4
4.26
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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.
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Chapter 4
4.28
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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.
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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.
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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
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Blair Comprehensive Plan Update - 2029
Chapter 5
5.16
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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
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Blair Comprehensive Plan Update - 2029
Chapter 5
5.21
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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 `.
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.~ ,
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:
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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
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(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
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(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
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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
----------------------------------------------------------------------------
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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
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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
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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
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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
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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
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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 $5,000 or integral multiples thereof. Series 2005 Bonds
redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for new Series
2005 Bonds evidencing the unredeemed principal thereof. Notice of redemption of any Series 2005 Bond
called for redemption shall be given at the direction of the City by said Paying Agent and Registrar by mail
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not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered
owner of such Series 2005 Bond at said owner's registered address. Such notice shall designate the Series
2005 Bond or Series 2005 Bonds to be redeemed by maturity or otherwise, the date of original issue and the
.date fixed for redemption and shall state that such Series 2005 Bond or Series 2005 Bonds are to be presented
for prepayment at the office of said Paying Agent and Registrar. In case of any Series 2005 Bond partially
redeemed, such notice shall specify the portion of the principal amount of such Series 2005 Bond to be
redeemed. No defect in the mailing of notice for any Series 2005 Bond shall affect the sufficiency of the
proceedings of the City designating the Series 2005 Bonds called for redemption or the effectiveness of such
call for Series 2005 Bonds for which notice by mail has been properly given and the City shall have the right
to further direct notice of redemption for any such Series 2005 Bond for which defective notice has been
given.
Section 1 1. The Series 2005 Bonds shall be in substantially the following form:
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UNITED STATES OF AMERICA
STATE OF NEBRASKA
COUNTY OF WASHINGTON
GENERAL OBLIGATION VARIOUS PURPOSE BOND OF
THE CITY OF BLAIR, NEBRASKA
SERIES 2005
No.
Interest Rate Maturity Date
October 15,
Registered Owner:
Principal Amount:
CUSIP No.
Dollars ($ )
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
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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
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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)
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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.
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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
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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
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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
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(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
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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.
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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:
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(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
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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
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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
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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.
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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
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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).
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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.
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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
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.: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
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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